Immigration Act of 1990
PL 101-649 (S.358), enacted 11/29/1990

104 STAT. 4978 
PUBLIC LAW 101-649—NOV. 29, 1990 
Public Law 101-649 
101st Congress 
An Act 
Nov. 29, 1990 
[S. 358] 
Immigration Act 
of 1990. 
Passports and 
visas. 
8 u s e 1101 note. 
To amend the Immigration and Nationality Act to change the level, and preference 
sjrstem for admission, of immigrants to the United States, and to provide for 
administrative naturalization, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited £is the "Immigration Act 
of 1990". 
(b) REFERENCES IN ACT.—Except £is specifically provided in this 
Act, whenever in this Act an amendment or repeal is expressed as 
an amendment to or repeal of a provision, the reference shall be 
deemed to be made to the Immigration and Nationality Act. 
(c) TABLE OF CONTENTS.—The table of contents of this Act is as 
follows: 
Sec. 1. Short title; references in Act; table of contents. 
TITLE I—IMMIGRANTS 
Subtitle A—Worldwide «uid Per Country Levels 
Sec. 101. Worldwide levels. 
Sec. 102. Per country levels. 
Sec. 103. Treatment of Hong Kong under per country levels. 
Sec. 104. Asylee adjustments. 
Subtitle B—Preference Sjrstem 
PART 1—FAMILY-SPONSORED IMMIGRANTS 
Sec. 111. Family-sponsored immigrants. 
Sec. 112. Transition for spouses and minor children of legalized aliens. 
PART 2—EMPLOYMENT-BASKD IMMIGRANTS 
Sec. 121. Emplojrment-based immigrants. 
Sec. 122. Changes in labor certification process. 
Sec. 123. Definitions of managerial capacity and executive capacity. 
Sec. 124. Transition for employees of certain United States businesses operating in 
Hong Kong. 
PART 3—DIVERSITY IMIKIGRANTS 
Sec. 131. Diversity immigrants. 
Sec. 132. Diversity transition for aliens who are natives of certain adversely affect-
ed foreign states. 
Sec. 133. One-yeeu" diversity transition for aliens who have been notified of avaU-
abUity of NP-5 visas. 
Sec. 134. Transition for displaced Tibetans. 
Subtitle C—Commission and Information 
Sec. 141. Commission on L^al Immigration Reform. 
Sec. 142. Statistical information systems. 
Subtitle D—Miscellaneous 
Sec. 151. Revision of special immigrant provisions relating to religious workers (C 
special immigr£uits). 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4979 
Sec. 152. Special immigrant status for certain fdiens employed at the United States 
mission in Hong Kong (D special immigrants). 
Sec. 153. Special immigrant status for certain aliens declared dependent on a juve-
nile court (J special immigrants). 
Sec. 154. Permitting extension of period of validity of immigrant visas for certain 
residents of Hong Kong. 
Sec. 155. Expedited issuance of Lebanese second and fifth preference visas. 
Subtitle E—Effective Dates; Ck)nforming Amendments 
J 
Sec. 161. Effective dates. 
Sec. 162. Conforming amendments. 
TITLE n—NONIMMIGRANTS 
Subtitle A—General and Permanent Provisions 
Sec. 201. Revision and extension of the visa waiver pilot pr(^£un for foreign tour-
ists (B nonimmigrants). 
Sec. 202. Denial of crewmember status in the case of certain labor disputes (D non-
immigrants). 
Sec. 203. Limitations on performance of longshore work by alien crewmen (D non-
immigrants). 
Sec. 204. Treaty traders (E nonimmigrants). 
Sec. 205. Temporary workers and trainees (H nonimmigrants). 
Sec. 206. Intra-company transferees (L nonimmigrants). 
Sec. 207. New classification for aliens with extraordinary ability, accompanying 
aliens, £uid athletes and entertainers (O & P nonimmigrants). 
Sec. 208. New classification for intemation£il cultural exchange programs (Q nonim-
migrants). 
Sec. 209. New classiification for aliens in religious occupations (R nonimmigrants). 
Subtitle B—Temporary or Limited Provisions 
Sec. 221. Off-campus work authorization for students (F nonimmigrants). 
Sec. 222. Admission of nonimmigrants for cooperative research, development, and 
coproduction projects. 
Sec. 223. E^stablishment of special education exchange visitor program. 
Subtitle C—Effective Dates 
Sec. 231. Effective dates. 
TITLE m—FAMILY UNITY AND TEMPORARY PROTECTED STATUS 
Sec. 301. Family unity. 
Sec. 302. Temporary protected status. 
Sec. 303. Special temporary protected status for Salvadorans. 
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TITLE IV—NATURALIZATION 
Sec. 401. Administrative naturalization. 
Sec. 402. Substituting 3 months residence in INS district or State for 6 months resi-
dence in a State. 
Sec. 403. Waiver of English language requirement for naturalization. 
Sec. 404. Treatment of service in armed forces of a foreign country. 
Sec. 405. Naturalization of natives of the Philippines through certain active-duty 
service during World War 11. 
^ 
Sec. 406. Public education regarding naturalization benefits. 
Sec. 407. Conforming amendments. 
Sec. 408. Effective dates and savings provisions. 
TITLE V—ENFORCEMENT 
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Subtitle A—Criminal Aliens 
Sec. 501. Aggravated felony definition. 
? 
Sec. 502. Shortening period to request judicial review. 
Sec. 503. Enhancing enforcement authority of INS officers. 
Sec. 504. Custody pending determination of deportability and excludability. 
Sec. 505. Elimination of judicial recommendations against deportation. 
Sec. 506. Clarification respecting discretionary authority in deportation proceedings 
for incarcerated aliens. 
Sec. 507. Requiring coordination plan with INS as a condition for receipt of drug 
control and system improvement grants under the Omnibus Crime Con-
trol and Safe Streets Act of 1968. 
Sec. 508. Deportation for attempted violations of controlled substances laws. 
104 STAT. 4980 
PUBLIC LAW 101-649—NOV. 29, 1990 
Sec. 509. Grood moral character definition. 
Sec. 510. Report on criminal aliens. 
Sec. 511. Limitation on waiver of exclusion for returning permanent residents con-
victed of an aggravated felony. 
'•' 
Sec. 512. Authorization of additional immigration judges for deportation proceed-
ings involving crimined aliens. 
Sec. 513. Effect of filing petition for review. 
Sec. 514. Extending bar on reentry of aliens convicted of aggravated felonies. 
r>ec. 515. Asylum in the case of aliens convicted of aggravated felonies. 
Subtitle B—Provision Relating to Employer Sanctions 
Sec. 521. Elimination of paperwork requirement for recruiters and referrers. 
Subtitle C—Provisions Relating to Anti-Discrimination 
Sec. 531. Dissemination of information concerning anti-discrimination protections 
' 
underlRCAandtitle VII of the Civil Rights Act of 1964. 
Sec. 532. Inclusion of certain seasonal agricultursd workers within scope of anti-dis-
crimination protections. 
Sec. 533. Elimination of requirement that aliens file a declaration of intending to 
^ 
become a citizen in order to file anti-discrimination complaint. 
Sec. 534. Anti-retaliation protections. 
Sec. 535. Treatment of certain actions as discrimination. 
Sec. 536. Conforming civil money penalties for anti-discrimination violations to 
those for employer sanctions. 
Sec. 537. Period for filing of complsdnts. 
Sec. 538. Special Counsel access to emplojrment eligibility verification forms. 
Sec. 539. Additional relief in orders. 
Subtitle D—Greneral Enforcement 
Sec. 541. Authorizing increase by 1,000 in border patrol personnel. 
Sec. 542. Application of increase in penalties to enhance enforcement activities. 
Sec. 543. Incre£kse in fine levels; authority of the INS to collect fines. 
Sec. 544. Civil penalties for document fraud. 
Sec. 545. Deportation procedures; required notice of deportation hearing; limitation 
on discretionary relief. 
TITLE VI—EXCLUSION AND DEPORTATION 
, -
Sec. 601. Revision of groimds for exclusion. 
Sec. 602. Revision of grounds for deportation. 
- 
Sec. 603. Conforming amendments. 
* 
TITLE VII—MISCELLANEOUS PROVISIONS 
Sec. 701. Battered spouse or child waiver of the conditional residence requirement. 
Sec. 702. Bona fide marriage exception to foreign residence requirement for mar-
riages entered into during certain immigration proceedings, 
r 
Sec. 703. 1-year extension of deadline for filing applications for adjustment from 
temporary to permament residence for legalized aliens. 
Sec. 704. Commission on Agricultural Workers. 
Sec. 705. Immigration Emergency Fund. 
.
> 
TITLE Vm—EDUCATION AND TRAINING 
Sec. 801. Educational assistance and training. 
TITLE I—IMMIGRANTS 
Subtitle A—Worldwide and Per Country Levels 
SEC. 101. WORLDWIDE LEVELS. 
(a) IN GENERAL.—Section 201 (8 U.S.C. 1151) is amended to read as 
follows: 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4981 
"WORLDWIDE LEVEL OF IMMIGRATION 
"SEC. 201. (a) IN GENERAL.—Exclusive of aliens described in 
subsection (b), aliens born in a foreign state or dependent area who 
may be issued immigrant visas or who may otherwise acquire the 
status of an alien lawfully admitted to the United States for perma-
nent residence are limited to— 
"(1) family-sponsored immigrants described in section 203(a) 
(or who are admitted under section 211(a) on the basis of a prior 
issuance of a visa to their accompanying parent under section 
203(a)) in a number not to exceed in £iny fiscal year the number 
specified in subsection (c) for that year, and not to exceed in any 
of the first 3 quarters of any fiscal year 27 percent of the 
worldwide level under such subsection for all of such fiscal year; 
"(2) employment-based immigrants described in section 203(b) 
(or who are admitted under section 211(a) on the basis of a prior 
issuance of a visa to their accompanying parent under section 
203(b)), in a number not to exceed in any fiscal year the number 
x 
specified in subsection (d) for that year, and not to exceed in any 
of the first 3 quarters of any fiscal year 27 percent of the 
worldwide level under such subsection for all of such fiscal year; 
and 
"(3) for fiscal years beginning with fiscal year 1995, diversity 
immigrants described in section 203(c) (or who are admitted 
under section 211(a) on the basis of a prior issuance of a visa to 
their accompanjdng parent under section 203(c)) in a number 
not to exceed in any fiscal year the number specified in subsec-
tion (e) for that year, and not to exceed in any of the first 3 
quarters of any fiscal year 27 percent of the worldwide level 
under such subsection for all of such fiscal year. 
"(b) ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.— 
Aliens described in this subsection, who are not subject to the 
worldwide levels or numerical limitations of subsection (a), are as 
follows: 
"(IXA) Special immigrants described in subparagraph (A) or 
(B) of section 101(aX27). 
"(B) Aliens who are admitted under section 207 or whose 
,i 
status is adjusted under section 209. 
"(C) Aliens whose status is adjusted to permanent residence 
under section 210, 210A, or 245A. 
"(D) Aliens whose deportation is suspended under section 
244(a). 
"(E) Aliens provided permanent resident status under section 
249. 
"(2XA)(i) IMMEDIATE RELATIVES.—For purposes of this subsec-
tion, the term 'immediate relatives' means the children, 
spouses, and parents of a citizen of the United States, except 
that, in the case of parents, such citizens shall be at least 21 
years of age. In the C£ise of an alien who was the spouse of a 
* 
citizen of the United States for at least 2 years at the time of the 
citizen's death and was not legally separated from the citizen at 
the time of the citizen's death, the alien shall be considered, for 
^ ^ 
purposes of this subsection, to remain an immediate relative 
after the date of the citizen's death but only if the spouse files a 
petition under section 204(a)(lXA) within 2 years after such date 
and only until the date the spouse remarries. 
104 STAT. 4982 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(ii) Aliens admitted under section 211(a) on the basis of a 
prior issuance of a visa to their accompanying parent who is 
such an immediate relative. 
"(B) Aliens born to an alien lawfully admitted for permanent 
residence during a temporary visit abroad. 
"(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.—(IXA) 
The worldwide level of family-sponsored immigrants under this 
subsection for a fiscal year is, subject to subparagraph (B), equal to— 
"(i) 480,000, minus 
"(ii) the number computed under paragraph (2), plus 
"(iii) the number (if any) computed under paragraph (3). 
"(BXi) For each of fiscal years 1992, 1993, and 1994, 465,000 shall 
be substituted for 480,000 in subparagraph (AXi). 
"(ii) In no case shall the number computed under subparagraph 
(A) be less than 226,000. 
"(2) The number computed under this paragraph for a fiscal year 
is the sum of the number of aliens described in subparagraphs (A) 
and (B) of subsection (bX2) who were issued immigrant visas or who 
otherwise acquired the status of aliens lawfully admitted to the 
United States for permanent residence in the previous fiscal year. 
"(3) The number computed under this paragraph for a fiscal year 
is the difference (if any) between the maximum number of visas 
which may be issued under section 203(b) (relating to emplo3anent-
based immigrants) during the previous fiscal year and the number 
of visas issued under that section during that year. 
"(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMIGRANTS.—(1) 
The worldwide level of employment-based immigrants under this 
subsection for a fiscal year is equal to— 
"(A) 140,000, plus 
"(B) the number computed under paragraph (2). 
"(2) The number computed under this paragraph for a fiscal year 
is the difference (if any) between the maximum number of visas 
which may be issued under section 203(a) (relating to family-spon-
sored immigrants) during the previous fiscal year and the number of 
visas issued under that section during that year. 
"(e) WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS,—The world-
wide level of diversity immigrants is equal to 55,000 for each fiscal 
year.". 
(b) CLERICAL AMENDMENT.—The item in the table of contents 
relating to section 201 is amended to read as follows: 
"Sec. 201. Worldwide level of inundation.". 
SEC. 102. PER COUNTRY LEVELS. 
Section 202 (8 U.S.C. 1152) is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) PER COUNTRY LEVEL.— 
"(1) NONDISCRIMINATION.—Except as specifically provided in 
paragraph (2) and in sections 101(aX27), 201(bX2XAXi), and 203, 
no person shall receive any preference or priority or be discrimi-
nated against in the issuance of an immigrant visa because of 
the person's race, sex, nationedity, place of birth, or place of 
residence. 
"(2) PER COUNTRY LEVELS FOR FAMILY-SPONSORED AND EMPLOY-
MENT-BASED IMMIGRANTS.—Subject to paragraphs (3) and (4), the 
total number of immigrant visas made avsdlable to natives of 
any single foreign state or dependent area under subsections (a) 
and (b) of section 203 in any fiscal year may not exceed 7 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4983 
percent (in the case of a single foreign state) or 2 percent (in the 
case of a dependent area) of the total number of such visas made 
available under such subsections in that fiscal year. 
"(3) EXCEPTION IF ADDITIONAL VISAS AVAILABLE.—If because of 
; 
the application of paragraph (2) with respect to one or more 
foreign states or dependent areas, the total number of visas 
available under both subsections (a) and (b) of section 203 for a 
calendar quarter exceeds the number of qualified immigrants 
who otherwise may be issued such a visa, paragraph (2) shall 
not apply to visas made available to such states or areas during 
the remainder of such calendar quarter. 
"(4) SPECIAL RULES FOR SPOUSES AND CHILDREN OF LAWFUL 
PERMANENT RESIDENT AUENS.— 
"(A) 7 5 PERCENT OF MINIMUM 2ND PREFERENCE SET-ASIDE 
FOR SPOUSES AND CHILDREN NOT SUBJECT TO PER COUNTRY 
LIMITATION.— 
"(i) IN GENERAL.—Of the visa numbers made avail-
able under section 203(a) to immigrants described in 
section 203(a)(2XA) in any fiscal year, 75 percent of the 
2-A floor (as defined in clause (ii)) shall be issued 
without regard to the numerical limitation under para-
graph (2). 
"(ii) 2-A FLOOR DEFINED.—In this paragraph, the 
term '2-A floor' means, for a fiscal year, 77 percent of 
the total number of visas made avgiilable under section 
203(a) to immigrants described in section 203(aX2) in 
the fiscal year. 
"(B) TREATMENT OF REMAINING 25 PERCENT FOR COUNTRIES 
SUBJECT TO SUBSECTION ( e ) . — 
"(i) IN GENERAL.—Of the visa numbers made avail-
able under section 203(a) to immigrants described in 
section 203(aX2XA) in any fiscal year, the remaining 25 
percent of the 2-A floor shall be available in the case of 
a state or area that is subject to subsection (e) only to 
the extent that the total number of visas issued in 
accordance with subparagraph (A) to natives of the 
foreign state or area is less than the subsection (e) 
ceiling (as defined in clause (ii)). 
"(ii) SUBSECTION (e) CEIUNG DEFINED.—In clause (i), 
the term 'subsection (e) ceiling' means, for a foreign 
state or dependent area, 77 percent of the maximum 
number of visas that may be made available under 
section 203(a) to immigrants who are natives of the 
state or area under section 203(aX2) consistent with 
subsection (e). 
"(C) TREATMENT OF UNMARRIED SONS AND DAUGHTERS IN 
COUNTRIES SUBJECT T
O SUBSECTION (e).—In the case of a 
foreign state or dependent area to which subsection (e) 
applies, the number of immigrant visas that may be made 
available to natives of the state or area under section 
203(aX2XB) may not exceed— 
"(i) 23 percent of the maximum number of visas that 
may be made available under section 203(a) to 
immigrants of the state or area described in section 
203(aX2) consistent with subsection (e), or 
"(ii) the number (if any) by which the maximum 
number of visas that may be made available under 
104 STAT. 4984 
PUBLIC LAW 101-649—NOV. 29, 1990 
section 203(a) to immigrants of the state or area de-
scribed in section 203(aX2) consistent with subsection 
(e) exceeds the number of visas issued under section 
c 
203(aX2XA), 
^ 
: 
whichever is greater. 
"(D) LIMITING PASS DOWN FOR CERTAIN COUNTRIES SUBJECT 
TO SUBSECTION (e).—In the case of a foreign state or depend-
' 
ent area to which subsection (e) applies, if the total number 
of visas issued under section 203(aX2) exceeds the maximum 
number of visas that may be made available to immigrants 
of the state or area under section 203(aX2) consistent with 
subsection (e) (determined without regard to this para-
graph), in applying paragraphs (3) and (4) of section 203(a) 
under subsection (eX2) all visas shall be deemed to have 
been required for the classes specified in paragraphs (1) and 
(2) of such section."; 
(2) in subsection (b)— 
(A) by inserting "RULES FOR CHARGEABILITY.—" after 
"(b)", and 
(B) by striking "the numerical limitation set forth in the 
proviso to subsection (a) of this section" each place it ap-
pears and inserting "a numerical level established under 
subsection (aX2)"; 
*
! 
(3) in subsection (c)— 
(A) 
by 
inserting 
"CHARGEABILITY 
FOR 
DEPENDENT 
AREAS.—" after "(c)'° 
(B) by striking "a special immigrant" and all that follows 
through "201(b)" and inserting an alien described in sec-
tion 20103)", and 
(C) by striking ", and the number" and all that follows 
through "one fiscal year"; 
(4) in subsection (d), by inserting "CHANGES IN TERRITORY.—" 
after "(d)"; and 
(5) by amending subsection (e) to read as follows: 
"(e) SPECIAL RULES FOR COUNTRIES AT CEIUNG.—If it is determined 
that the total number of immigrant visas made available under 
subsections (a) and Ot)) of section 203 to natives of any single foreign 
state or dependent area will exceed the numerical limitation speci-
fied in subsection (aX2) in any fiscal year, in determining the 
allotment of immigrant visa numbers to natives under subsections 
(a) and (b) of section 203, visa numbers with respect to natives of 
that state or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a manner 
so that— 
"(1) the ratio of the visa numbers made available under 
section 203(a) to the visa numbers made available under section 
203(b) is equal to the ratio of the worldwide level of immigration 
under section 201(c) to such level under section 201(d); 
"(2) except as provided in subsection (aX4), the proportion of 
the visa numbers made available under each of paragraphs (1) 
through (4) of section 203(a) is equal to the ratio of the total 
number of visas made available under the respective paragraph 
to the tot«d number of visas made available under section 203(a), 
and 
"(3) the proportion of the visa numbers made available under 
each of paragraphs (1) through (5) of section 203(b) is equal to 
the ratio of the total number of visas made available under the 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4985 
respective paragraph to the total number of visas made avail-
able under section 2030)). 
Nothing in this subsection shall be construed as limiting the number 
of visas that may be issued to natives of a foreign state or dependent 
area under section 203(a) or 203(b) if there is insufficient demand for 
visas for such natives under section 203(b) or 203(a), respectively, or 
as limiting the number of visas that may be issued under section 
203(aX2XA) pursuant to subsection (aX4XA).". 
SEC. 103. TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS. 8 USC 1152 note. 
The approval referred to in the first sentence of section 202(b) of 
the Immigration and Nationality Act shall be considered to have 
been granted, effective beginning with fiscal year 1991, with respect 
to Hong Kong as a separate foreign state, and not as a colony or 
other component or dependent area of another foreign state, except 
that the total number of immigrant visas made available to natives 
of Hong Kong under subsections (a) and (b) of section 203 of such Act 
in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000. 
SEC. 104. ASYLEE ADJUSTMENTS. 
(a) INCREASE IN NUMERICAL LIMITATION ON ADJUSTMENT OF 
/ 
A Q Y T J E E S —" 
(1) IN GENERAL.—Section 209(b) (8 U.S.C. 1159(b)) is amended 
by striking "five thousand" and inserting "10,000". 
(2) EFFECTIVE DATE AND TRANSITION.—The amendment made 8 use 1159 note, 
by paragraph (1) shall apply to fiscal years beginning with fiscal 
year 1991 and the President is authorized, without the need for 
appropriate consultation, to increase the refugee determination 
previously made under section 207 of the Immigration and 
Nationality Act for fiscal year 1991 in order to make such 
amendment effective for such fiscal year. 
(b) ANNUAL ASYLEE ENUMERATION.—Section 207(a) (8 U.S.C. 
1157(a)) is amended by adding at the end the following new para-
graph: 
"(4) In the determination made under this subsection for each President, 
fiscal year (beginning with fiscal year 1992), the President shall 
enumerate, with the respective number of refugees so determined, 
the number of aliens who were granted asylum in the previous 
year.". 
(c) WAIVER OF NUMERICAL LIMITATION FOR CERTAIN CURRENT 8USCii59note. 
ASYLEES.—The numerical limitation on the number of aliens whose 
status may be adjusted under section 209(b) of the Immigration and 
Nationality Act shall not apply to an alien described in subsection 
(d) or to an alien who has applied for adjustment of status under 
such section on or before June 1,1990. 
(d) ADJUSTMENT OF CERTAIN FORMER ASYLEES.— 
8 use 1159 note. 
(1) IN GENERAL.—Subject to paragraph (2), the provisions of 
section 209(b) of the Immigration and Nationality Act shall also 
apply to an alien— 
(A) who was granted asylum before the date of the enact-
ment of this Act (regardless of whether or not such asylum 
has been terminated under section 208(b) of the Immigra-
tion and Nationality Act), 
(B) who is no longer a refugee because of a change in 
circumstances in a foreign state, and 
(C) who was (or would be) qualified for adjustment of 
status under section 209(b) of the Immigration and 
104 STAT. 4986 
PUBLIC LAW 101-649—NOV. 29, 1990 
Nationality Act as of the date of the enactment of this Act 
but for paragraphs (2) and (3) thereof and but for any 
numerical limitation under such section. 
(2) APPUCATION OF PER COUNTRY LIMITATIONS.—The number of 
aliens who are natives of any foreign state who may adjust 
status pursuant to paragraph (1) in any fiscal year shall not 
exceed the difference between the per country limitation estab-
lished under section 202(a) of the Immigration and Nationality 
Act and the number of aliens who are chargeable to that foreign 
state in the fiscal year under section 202 of such Act. 
Subtitle B—Preference System 
PART 1—FAMILY-SPONSORED IMMIGRANTS 
SEC. 111. FAMILY-SPONSORED IMMIGRANTS. 
Section 203 (8 U.S.C. 1153) is amended— 
(1) by redesignating subsections (b) through (e) as subsections 
(d) through (g), respectively, and 
(2) by striking subsection (a) and inserting the following: 
"(a) 
PREFERENCE 
ALLOCATION 
FOR 
FAMILY-SPONSORED 
IM-
MIGRANTS.—Aliens subject to the worldwide level specified in section 
201(c) for family-sponsored immigrants shall be allotted visas as 
follows: 
"(1) UNMARRIED SONS AND DAUGHTERS OF CITIZENS.—Qualified 
immigrants who are the unmarried sons or daughters of citizens 
of the United States shall be allocated visas in a number not to 
exceed 23,400, plus any visas not required for the class specified 
in paragraph (4). 
"(2) SPOUSES AND UNMARRIED SONS AND UNMARRIED DAUGH-
TERS OF PERMANENT RESIDENT ALIENS.—Qualified immigrants— 
"(A) who are the spouses or children of an alien lawfully 
admitted for permanent residence, or 
"(B) who are the unmarried sons or unmarried daughters 
(but are not the children) of an alien lawfully admitted for 
permanent residence, 
shall be allocated visas in a number not to exceed 114,200, plus 
the number (if any) by which such worldwide level exceeds 
226,000, plus any visas not required for the class specified in 
paragraph (1); except that not less than 77 percent of such visa 
numbers shall be allocated to aliens described in subparagraph 
(A). 
"(3) MARRIED SONS AND MARRIED DAUGHTERS OF CITIZENS.— 
Qualified immigrants who are the married sons or married 
daughters of citizens of the United States shall be allocated 
visas in a number not to exceed 23,400, plus any visas not 
required for the classes specified in paragraphs (1) and (2). 
"(4) BROTHERS AND SISTERS OF CITIZENS.—Qualified immigrants 
who are the brothers or sisters of citizens of the United States, if 
such citizens are at least 21 years of age, shall be allocated visas 
in a number not to exceed 65,000, plus any vissis not required for 
the classes specified in paragraphs (1) through (3).". 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4987 
SEC. 112. TRANSITION 
FOR 
SPOUSES 
AND 
MINOR 
CHILDREN 
OF 8 USC1153 note. 
LEGALIZED ALIENS. 
(a) ADDITIONAL VISA NUMBERS.— 
(1) IN GENERAL.—In addition to any immigrant visas other-
wise available, immigrant visa numbers shedl be available in 
each of fiscal years 1992, 1993, and 1994 for spouses and chil-
dren of eligible, legalized aliens (as defined in subsection (c)) in a 
number equal to 55,000 minus the number (if any) computed 
under paragraph (2) for the fiscal year. 
(2) OFFSET.—The number computed under this paragraph for 
a fiscal year is the number (if any) by which— 
(A) the sum of the number of sdiens described in subpara-
graphs (A) and (B) of section 201(bX2) of the Immigration 
and Nationality Act (or, for fiscal year 1992, section 201(b) 
of such Act) who were issued immigrant visas or otherwise 
acquired the status of aliens lawfully admitted to the 
United States for permanent residence in the previous 
fiscal year, exceeds 
(B) 239,000. 
O
b
) ORDER.—Visa niunbers under this section shall be made avail-
able in the order in which a petition, in behalf of each such 
immigrant for classification under section 203(aX2) of the Immigra-
tion and Nationality Act, is filed with the Attorney General under 
section 204 of such Act. 
(c) LEGAUZED ALIEN DEFINED.—In this section, the term "legalized 
alien" means an alien lawfully admitted for temporary or perma-
nent residence who was provided— 
(1) temporary or permanent residence status under section 
210 of the Immigration and Nationality Act, 
(2) temporary or permanent residence status under section 
245A of the Immigration and Nationality Act, or 
(3) permanent residence status under section 202 of the 
Immigration Reform and Control Act of 1986. 
PART 2—EMPLOYMENT-BASED IMMIGRANTS 
SEC. 121. EMPLOYMENT-BASED IMMIGRANTS. 
(a) IN GENERAL.—Section 203 (8 U.S.C. 1153) is amended by insert-
ing after subsection (a), as inserted by section 111, the following new 
subsection: 
"(b) 
PREFERENCE 
ALLOCATION 
FOR 
EMPLOYMENT-BASED 
IM-
MIGRANTS.—Aliens subject to the worldwide level specified in section 
201(d) for employment-based immigrants in a fiscal year shall be 
allotted visas as follows: 
"(1) PRIORITY WORKERS.—Visas shall first be made available in 
a number not to exceed 40,000, plus any visas not required for 
the classes specified in paragraphs (4) and (5), to qualified 
immigrants who £u:e aliens described in any of the following 
subparagraphs (A) through (C): 
"(A) ALIENS WITH EXTRAORDINARY ABILITY.—-An alien is 
described in this subparagraph if^ 
"(i) the alien has extraordinary ability in the sci-
ences, arts, education, business, or athletics which has 
been demonstrated by sustained national or inter-
national acclaim and whose achievements have been 
104 STAT. 4988 
PUBLIC LAW 101-649—NOV. 29, 1990 
recognized in the field through extensive documenta-
tion, 
"(ii) the alien seeks to enter the United States to 
continue work in the area of extraordinary ability, and 
"(iii) the alien's entry into the United States will 
substantially benefit prospectively the United States. 
"(B) OUTSTANDING PROFESSORS AND RESEARCHERS.—An 
alien is described in this subparagraph if— 
"(i) the alien is recognized internationally as 
outstanding in a specific academic area, 
"(ii) the alien has at least 3 years of experience in 
teaching or research in the academic area, and 
"(iii) the alien seeks to enter the United States— 
"(I) for a tenured position (or tenure-track posi-
tion) within a university or institution of higher 
education to teach in the academic area, 
"(II) for a comparable position with a university 
or institution of higher education to conduct re-
search in the area, or 
"(III) for a comparable position to conduct re-
search in the area with a department, division, or 
institute of a private employer, if the department, 
division, or institute employs at least 3 persons 
full-time in research activities and has achieved 
documented accomplishments in an academic field. 
"(C) CERTAIN MULTINATIONAL EXECUTIVES AND MAN-
AGERS.—An alien is described in this subparagraph if the 
alien, in the 3 years preceding the time of the alien's 
application for classification and admission into the United 
States under this subparagraph, has been employed for at 
least 1 year by a firm or corporation or other legal entity or 
an affiliate or subsidiary thereof and who seeks to enter the 
United States in order to continue to render services to the 
same employer or to a subsidiary or afiRliate thereof in a 
capacity that is managerial or executive. 
"(2) ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING 
ADVANCED DEGREES OR ALIENS OF EXCEPTIONAL ABILITY.— 
"(A) IN GENERAL.—Visas shall be made available, in a 
number not to exceed 40,000, plus any visas not required for 
the classes specified in paragraph (1), to qualified im-
migrants who are members of the professions holding ad-
vanced degrees or their equivalent or who because of their 
exceptional ability in the sciences, arts, or business, will 
substantially benefit prospectively the national economy, 
cultural or education^ interests, or welfare of the United 
States, and whose services in the sciences, arts, professions, 
or business are sought by an employer in the United States. 
"(B) WAIVER OF JOB OFFER.—The Attorney CJeneral may, 
when he deems it to be in the national interest, waive the 
requirement of subparagraph (A) that an alien's services in 
the sciences, arts, or business be sought by an employer in 
the United States. 
"(C) DETERMINATION OF EXCEPTIONAL ABILITY.—In deter-
mining under subparagraph (A) whether an immigrant has 
exceptional ability, the possession of a degree, diploma, 
certificate, or similar award from a college, university, 
school, or other institution of learning or a license to prac-
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4989 
tice or certification for a particular profession or occupation 
shall not by itself be considered sufficient evidence of such 
exceptional ability. 
/ 
"(3) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.— 
"(A) IN GENERAL.—Visas shall be made available, in a 
number not to exceed 40,000, plus any visas not required for 
the classes specified in paragraphs (1) and (2), to the follow-
ing classes of aliens who are not described in paragraph (2): 
"(i) SKILLED WORKERS.—Qualified immigrants who 
are capable, at the time of petitioning for classification 
under this paragraph, of performing skilled labor 
(requiring at least 2 years training or experience), not 
of a temporary or seasonal nature, for which qualified 
workers are not available in the United States. 
"(ii) PROFESSIONALS.—Qualified immigrants who hold 
baccalaureate d^rees and who are members of the 
professions. 
"(ui) OTHER WORKERS.—Other qualified immigrants 
who are capable, at the time of petitioning for classi-
fication under this paragraph, of performing unskilled 
labor, not of a temporary or seasonal nature, for which 
qualified workers are not available in the United 
States. 
"(B) LIMITATION ON OTHER WORKERS.—Not more than 
10,000 of the visas made available under this paragraph in 
any fiscal year may be available for qualified immigrants 
described in subparagraph (AXiii)-
"(C) LABOR CERTIFICATION REQUIRED.—An immigrant visa 
may not be issued to an immigrant under subparagraph (A) 
until the consular officer is in receipt of a determination 
made by the Secretary of Labor pursuant to the provisions 
of section 212(aX5XA). 
"(4) CERTAIN SPECIAL IMMIGRANTS.—Visas shall be made avail-
able, in a number not to exceed 10,000, to qualified special 
immigrants described in section 101(aX27) (other than those 
described in subparagraph (A) or (B) thereof), of which not more 
than 5,000 may be made available in any fiscal year to special 
immigrants described in subclause (II) or (ni) of section 
101(aX27XCXii). 
"(5) EMPLOYMENT CREATION.— 
"(A) IN GENERAL.—Visas shall be made available, in a 
number not to exceed 10,000, to qualified immigrants seek-
ing to enter the United States for the purpose of engaging 
in a new commercial enterprise— 
"(i) which the alien has established, 
"(ii) in which such alien has invested (after the date 
of the enactment of the Immigration Act of 1990) or, is 
actively in the process of investing, capital in an 
amount not less than the amount specified in subpara-
graph (C), and 
"(iii) which will benefit the United States economy 
and create full-time employment for not fewer than 10 
United States citizens or aliens lawfully admitted for 
permanent residence or other immigrants lawfully au-
thorized to be employed in the United States (other 
than the immigrant and the immigrant's spouse, sons, 
or daughters). 
104 STAT. 4990 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(B) SET-ASIDE FOR TARGETTED EMPLOYMENT AREAS.— 
"(i) IN GENERAL.—Not less than 3,000 of the visas 
made available under this paragraph in each fiscal 
year shall be reserved for qualified immigrants who 
establish a new commercial enterprise described in 
subparagraph (A) which will create employment in a 
targetted employment area. 
"(ii) TARGETTED EMPLOYMENT AREA DEFINED.—In this 
paragraph, the term 'targetted emplojmient area' 
means, at the time of the investment, a rural area or, 
an area which has experienced high unemployment (of 
at least 150 percent of the national average rate), 
"(iii) RURAL AREA DEFINED.—In this paragraph, the 
term 'rural area' means any area other than an area 
within a metropolitan statistical area or within the 
outer boundary of any city or town having a population 
of 20,000 or more (based on the most recent decennial 
census of the United States). 
"(C) AMOUNT OF CAPITAL REQUIRED.— 
"(i) IN GENERAL.—Except as otherwise provided in 
this subparagraph, the amount of capital required 
under subparagraph (A) shall be $1,000,000. The Attor-
ney General, in consultation with the Secretary of 
Labor and the Secretary of State, may from time to 
time 
prescribe 
regulations 
increasing the dollar 
amount specified under the previous sentence. 
"(ii) 
ADJUSTMENT 
FOR TARGETTED 
EMPLOYMENT 
AREAS.—The Attorney General may, in the case of 
investment made in a targetted employment area, 
specify an amount of capital required under subpara-
graph (A) that is less than (but not less than Vz of) the 
amount specified in clause (i). 
"(iii) ADJUSTMENT FOR HIGH EMPLOYMENT AREAS.—In 
the case of an investment made in a part of a metro-
politan statistical area that at the time of the invest-
ment— 
"(I) is not a targetted employment area, and 
"(II) is an area with an unemplo5mient rate 
significantly below the national average unemploy-
ment rate, 
the Attorney (general may specify an amount of capital 
required under subparagraph (A) that is greater than 
(but not greater than 3 times) the amount specified in 
clause (i).". 
(b) 
DETERRING 
IMMIGRATION-RELATED 
ENTREPRENEURSHIP 
FRAUD.— 
(1) CONDITIONAL BASIS FOR PERMANENT RESIDENT STATUS BASED 
ON ESTABLISHMENT OF COMMERCIAL ENTERPRISES.—Chapter 2 of 
title II is amended by inserting after section 216 the following 
new section: 
"CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN 
ENTREPRENEURS, SPOUSES, AND CHILDREN 
8 use 1186b. 
"SEC. 216A. (a) IN GENERAL.— 
"(1) CONDITIONAL BASIS FOR STATUS.—Notwithstanding any 
other provision of this Act, an alien entrepreneur (as defined in 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4991 
subsection (fXD), alien spouse, and alien child (as defined in 
subsection (fX2)) shall be considered, at the time of obtaining the 
status of an alien lawfully admitted for permanent residence, to 
have obtained such status on a conditional basis subject to the 
provisions of this section. 
"(2) NOTICE OF REQUIREMENTS.— 
"(A) AT TIME OF OBTAINING PERMANENT RESIDENCE.—At 
the time an alien entrepreneur, alien spouse, or alien child 
obtains permanent resident status on a conditional basis 
under paragraph (1), the Attorney General shall provide for 
notice to such an entrepreneur, spouse, or child respecting 
the provisions of this section and the requirements of 
- 
subsection (cXl) to have the conditional basis of such status 
i 
removed. 
"(B) AT TIME OF REQUIRED PETITION.—In addition, the 
Attorney Greneral shall attempt to provide notice to such an 
entrepreneur, spouse, or child, at or about the beginning of 
the 90-day period described in subsection (d)(2)(A), of the 
requirements of subsection (c)(1). 
"(C) EFFECT OF FAILURE TO PROVIDE NOTICE.—The failure 
of the Attorney General to provide a notice under this 
paragraph shall not affect the enforcement of the provi- 
s 
sions of this section with respect to such an entrepreneur, 
spouse, or child. 
^ 
"(b) TERMINATION OF STATUS IF FINDING THAT QUAUFYING 
ENTREPRENEURSHIP IMPROPER.— 
"(1) IN GENERAL.—In the case of an alien entrepreneur with 
permanent resident status on a conditional basis under subsec-
tion (a), if the Attorney Grenergil determines, before the second 
anniversary of the alien's obtaining the status of lawful admis-
sion for permanent residence, that— 
"(A) the establishment of the commercial enterprise weis 
intended solely as a means of evading the immigration laws 
of the United States, 
"(BXi) a commercial enterprise was not established by the 
alien, 
"(ii) the alien did not invest or was not actively in the 
process of investing the requisite capital; or 
"(iii) the alien was not sustaining the actions described in 
clause (i) or (ii) throughout the period of the alien's resi-
dence in the United States, or 
"(C) the alien was otherwise not conforming to the 
requirements of section 203(b)(5), 
then the Attorney General shall so notify the alien involved 
and, subject to paragraph (2), shall terminate the permanent 
resident status of the alien (and the alien spouse and alien 
child) involved as of the date of the determination. 
"(2) HEARING IN DEPORTATION PROCEEDING.—Any alien whose 
permanent resident status is terminated under paragraph (1) 
may request a review of such determination in a proceeding to 
deport the alien. In such proceeding, the burden of proof shall 
be on the Attorney General to establish, by a preponderance of 
the evidence, that a condition described in paragraph (1) is met. 
"(c) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR RE-
MOVAL OF CONDITION.— 
104 STAT. 4992 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(1) IN GENERAL.—In order for the conditional basis estab-
lished under subsection (a) for an alien entrepreneur, alien 
' 
spouse, or alien child to be removed— 
"(A) the alien entrepreneur must submit to the Attorney 
. General, during the period described in subsection (d)(2), a 
petition which requests the removal of such conditional 
basis and which states, under penalty of perjury, the facts 
' and information described in subsection (dXl), and 
"(B) in accordance with subsection (dX3), the alien entre-
preneur must appear for a personal interview before an 
officer or employee of the Service respecting the facts and 
information described in subsection (d)(1). 
"(2) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAIL-
URE T
O FILE PETITION O
R HAVE PERSONAL INTERVIEW.— 
"(A) IN GENERAL.—In the case of an alien with permanent 
resident status on a conditional beisis under subsection (a), 
if— 
"(i) no petition is filed with respect to the alien in 
/ 
accordance with the provisions of paragraph (IXA), or 
"(ii) unless there is good cause shown, the alien 
^ 
entrepreneur fails to appear at the interview described 
in paragraph (IXB) (if required under subsection (d)(3)), 
the Attorney General shall terminate the permanent resi-
dent status of the alien as of the second anniversary of the 
alien's lawful admission for permanent residence. 
"(B) 
HEARING IN DEPORTATION PROCEEDING.—In 
any 
deportation proceeding with respect to an alien whose 
permanent resident status is terminated under subpara-
graph (A), the burden of proof shall be on the alien to 
establish compliance with the conditions of paragraphs 
(IXA) and (IXB). 
"(3) DETERMINATION AFTER PETITION AND INTERVIEW.— 
"(A) IN GENERAL.—If— 
"(i) a petition is filed in accordance with the provi-
sions of paragraph (IXA), and 
"(ii) the alien entrepreneur appears at £iny interview 
described in paragraph (1)(B), 
the Attorney General shall make a determination, within 
90 days of the date of the such filing or interview (which-
ever is later), as to whether the facts and information 
described in subsection (dXl) and alleged in the petition are 
true with respect to the qualif)dng commercial enterprise. 
"(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETER-
MINATION.—If the Attorney General determines that such 
facts and information are true, the Attorney General shall 
so notify the alien involved and shall remove the condi-
tional basis of the alien's status effective as of the second 
anniversary of the alien's obtaining the status of lawful 
admission for permanent residence. 
"(C) TERMINATION IF ADVERSE DETERMINATION.—If the 
Attorney General determines that such facts and informa-
tion are not true, the Attorney General shall so notify the 
alien involved and, subject to subparagraph (D), shall termi-
nate the permanent resident status of an alien entre-
preneur, alien spouse, or alien child as of the date of the 
determination. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4993 
"(D) HEARING IN DEPORTATION PROCEEDING.—Any alien 
whose permanent resident status is terminated under 
subparagraph (C) may request a review of such determina-
tion in a proceeding to deport the alien. In such proceeding, 
the burden of proof shall be on the Attorney General to 
establish, by a preponderance of the evidence, that the facts 
and information described in subsection (dXD and alleged in 
the petition are not true with respect to the qualifjdng 
commercial enterprise. 
"(d) DETAILS OF PETITION AND INTERVIEW.— 
"(1) CONTENTS OP PETITION.—Each petition under subsection 
( 
(cXlXA) shall contain facts £Uid information demonstrating 
that— 
"(A) a commercial enterprise was established by the 
alien; 
I 
"(B) the alien invested or was actively in the process of 
investing the requisite capital; and 
"(C) the alien sustained the actions described in subpara-
graphs (A) and (B) throughout the period of the alien's 
residence in the United States. 
"(2) PERIOD FOR FiuNG PETITION.— 
"(A) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY.—ExCept 
as provided in subparagraph (B), the petition under subsec-
tion (cXlXA) must be filed during the 90-day period before 
the second anniversary of the alien's obtaining the status of 
lawful admission for permanent residence. 
"(B) DATE PETITIONS FOR GOOD CAUSE.—Such a petition 
may be considered if filed after such date, but only if the 
alien establishes to the satisfaction of the Attorney General 
' = 
good cause and extenuating circumstances for failure to file 
the petition during the period described in subparagraph 
(A). 
"(C) FlUNG OF PETITIONS DURING DEPORTATION.—In the 
case of an alien who is the subject of deportation hearings 
as a result of failure to file a petition on a timely basis in 
accordance with subparagraph (A), the Attorney General 
may stay such deportation proceedings against an alien 
pending the filing of the petition under subparagraph (B). 
"(3) PERSONAL INTERVIEW.—The interview under subsection 
(cXlXB) shall be conducted within 90 days after the date of 
submitting a petition under subsection (cXlXA) and at a local 
office of the Service, designated by the Attorney General, which 
is convenient to the parties involved. The Attorney General, in 
the Attorney (Jeneral's discretion, may waive the deadline for 
such an interview or the requirement for such an interview in 
such cases as may be appropriate. 
"(e) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION.— 
For purposes of title III, in the case of an alien who is in the United 
States as a lawful permanent resident on a conditional basis under 
this section, the alien shall be considered to have been admitted as 
an alien lawfully admitted for permanent residence and to be in the 
United States as an alien lawfully admitted to the United States for 
permanent residence. 
* 
"(f) DEFINITIONS.—In this section: 
"(1) The term 'alien entrepreneur' means an alien who ob-
tains the status of an alien lawfully admitted for permanent 
104 STAT. 4994 
PUBLIC LAW 101-649—NOV. 29, 1990 
residence (whether on a conditional basis or otherwise) under 
i 
section 203(bX5). 
"(2) The term 'alien spouse' and the term 'alien child' mean 
an alien who obtains the status of an alien lawfully admitted for 
permanent residence (whether on a conditional basis or other-
wise) by virtue of being the spouse or child, respectively, of an 
alien entrepreneur.". 
(2) ADDITIONAL GROUND FOR DEPORTATION.—For additional 
ground of exclusion for termination of permsment residence on 
a conditional basis under section 216A of the Immigration and 
Nationality Act, see section 241(aXlXD) of such Act, as amended 
by section 602(a) of this Act. 
(3) 
CRIMINAL 
PENALTY 
FOR 
IMMIGRATION-RELATED 
ENTREPRENEURSHIP FRAUD.—Section 275 
(8 U.S.C. 1325) 
is 
amended by adding at the end the following new subsection: 
"(c) Any individual who knowingly establishes a commercial 
enterprise for the purpose of evading any provision of the immigra-
tion laws shall be imprisoned for not more than 5 years, fined in 
accordance with title 18, United States Code, or both.". 
(4) LIMITATION ON ADJUSTMENT OF STATUS.—Section 245 (8 
U.S.C. 1255) is amended by adding at the end the following new 
subsection: 
"(f) The Attorney General may not adjust, under subsection (a), 
the status of an silien lawfully admitted to the United States for 
permanent residence on a conditional basis under section 216A.". 
(5) CONFORMING AMENDMENT.—The table of contents is 
amended by inserting after the item relating to section 216 the 
following new item: 
"Sec. 216A. C!onditional permanent resident status for certain alien entrepreneurs, 
spouses, and children.". 
8 u s e 1182 note. 
SEC. 122. CHANGES IN LABOR CERTIFICATION PROCESS. 
(a) LABOR MARKET INFORMATION PILOT PROGRAM FOR EMPLOY-
MENT-BASED IMMIGRANTS.—(1) The Secretary of Labor shall estab-
lish a pilot program which provides for a determination, in accord-
ance with section 553 of title 5, United States Code, of labor short-
ages or surpluses in up to 10 defined occupational classifications in 
the United States. In making such determinations, the Secretary 
shall consider certifications approved under section 212(aX5XA) of 
the Immigration and Nationality Act and labor market and other 
information. 
(2XA) If under the pilot program there is a determination that 
there is a labor shortage with respect to an occupational classifica-
tion, a certification under section 212(aX5XA) of the Immigration 
and Nationality Act for petitions for that occupational classification 
shall be deemed to have been issued. 
(B) If under the pilot program there is a determination that there 
is a labor surplus with respect to an occupational classification, the 
Secretary of Labor may nonetheless make a certification under 
section 212(a)(5XA) of the Immigration and Nationality Act with 
regard to a specific job opportunity in the occupational classification 
if the employer submits evidence, bsised on extensive recruitment 
efforts (including such efforts as the Secretary may require), dem-
onstrating that the employer meets all the requirements for certifi-
cation under such section. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4995 
(3) The pilot program under this subsection shall only be effective 
for applications for certifications filed during the 3-fiscal-year period 
beginning with fiscal year 1992. 
(4) By not later than April 1, 1994, the Secretary of Labor shall Reports, 
report to the Committees on Education and Labor and Judiciary of 
the House of Representatives and the Committees on Labor and 
Human Resources and the Judiciary of the Senate on the operation 
of the pilot program under this subsection and whether the program 
should be extended and the number of defined occupational classi-
fications permitted under the program if it is extended. 
(b) NOTICE IN LABOR CERTIFICATIONS.—The Secretary of Labor 
shall provide, in the labor certification process under section 
212(aX5XA) of the Immigration and Nationsdity Act, that— 
(1) no certification may be made unless the applicant for 
certification has, at the time of filing the application, provided 
notice of the filing (A) to the bargaining representative (if any) 
of the employer's employees in the occupational classification 
and area for which aliens are sought, or (B) if there is no such 
bargaining representative, to employees employed at the facility 
through posting in conspicuous locations; and 
(2) any person may submit documentary evidence bearing on 
the application for certification (such as information on avail-
able workers, information on wages and working conditions, 
and information on the employer's failure to meet terms and 
conditions with respect to the employment of alien workers and 
co-workers). 
SEC. 123. DEFINITIONS OF MANAGERIAL CAPACITY AND EXECUTIVE 
CAPACITY. 
Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end 
the following: 
"(44XA) The term 'managerial capacity' means an assignment 
within an organization in which the employee primarily— 
"(i) msuiages the organization, or a department, subdivision, 
function, or component of the organization; 
"(ii) supervises and controls the work of other supervisory, 
professional, or managerial employees, or manages an essential 
function within the organization, or a department or subdivi-
sion of the organization; 
"(iii) if another employee or other employees are directly 
supervised, has the authority to hire and fire or recommend 
those as well as other personnel actions (such as promotion and 
leave authorization) or, if no other employee is directly super-
vised, functions at a senior level within the organizational 
hierarchy or with respect to the function managed; and 
"(iv) exercises discretion over the day-to-day operations of the 
activity or function for which the employee has authority. 
A first-line supervisor is not considered to be acting in a managerial 
capacity merely by virtue of the supervisor's supervisory duties 
unless the employees supervised are professional. 
"(B) The term executive capacity' means an assignment within an 
organization in which the employee primarily— 
"(i) directs the management of the organization or a major 
component or function of the organization; 
"(ii) establishes the goals and policies of the organization, 
component, or function; 
104 STAT. 4996 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(iii) exercises wide latitude in discretionary decision-making; 
and 
"(iv) receives only genered supervision or direction from 
higher level executives, the board of directors, or stockholders of 
the organization. 
"(C) If staffing levels are used as a factor in determining whether 
an individual is acting in a managerial or executive capacity, the 
Attorney General shall take into account the reasonable needs of 
the organization, component, or function in light of the overall 
purpose and stage of development of the organization, component, or 
function. An individual shall not be considered to be acting in a 
managerial or executive capacity (as previously defined) merely on 
the basis of the number of employees that the individual supervises 
or has supervised or directs or has directed.". 
8 use 1153 note. 
SEC. 124. TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES 
BUSINESSES OPERATING IN HONG KONG. 
(a) ADDITIONAL VISA NUMBERS.— 
(1) TREATMENT OF PRINCIPALS.—In the case of any alien de-
scribed in paragraph (3) with respect to whom a classification 
petition has been filed and approved under subsection (b), there 
shall be made available, in addition to the immigrant visas 
otherwise available in each of fiscal years 1991 through 1993 
and without regard to section 202(a) of the Immigration and 
Nationality Act, up to 12,000 additional immigrant visas. 
(2) DERIVATIVE RELATIVES.—A spouse or child (as defined in 
section 101(b)(1) (A), (B), (C), (D), or (E) of the Immigration and 
Nationality Act) shall, if not otherwise entitled to an immigrant 
status and the immediate issuance of a visa under this section, 
be entitled to the same status, and the same order of consider-
ation, provided under this section, if accompanying, or following 
to join, the alien's spouse or parent. 
(3) EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERAT-
ING IN HONG KONG.—An alien is described in this paragraph if 
the alien— 
(A) is a resident of Hong Kong and is employed in Hong 
Kong (and has been so employed during the 12 previous, 
consecutive months) as an officer or supervisor or in a 
capacity that is managerial, executive, or involves special-
ized knowledge, by a business entity which (i) is owned and 
organized in the United States (or is the subsidiary or 
affiliate of a business owned and organized in the United 
States), (ii) employs at least 100 employees in the United 
States and at least 50 employees outside the United States, 
and (iii) has a gross annual income of at least $50,000,000, 
and 
/ 
(B) has an offer of emplo5rment from such business entity 
in the United States as an officer or supervisor or in a 
capacity that is managerial, executive, or involves special-
ized knowledge, which offer (i) is effective from the time of 
filing the petition for classification under this section 
through and including the time of entry into the United 
States and (ii) provides for salary and benefits comparable 
to the salary and benefits provided to others with similar 
responsibilities and experience within the same company. 
0)) PETITIONS.—Any employer desiring and intending to employ 
within the United States an alien described in subsection (aX3) may 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4997 
file a petition with the Attorney General for such classification. No 
visa may be issued under subsection (aXD until such a petition has 
been approved. 
(c) AuLOCATiON.—Visa numbers made available under subsection 
(a) shall be made available in the order which petitions under 
subsection (b) sire filed with the Attorney General. 
(d) DEFINITIONS.—In this section: 
(1) EXECUTIVE CAPACITY.—The term "executive capacity" has 
the meaning given such term in section 101(aX44XB) of the 
Immigration and Nationality Act, as added by section 123 of 
this Act. 
(2) MANAGERIAL CAPACITY.—The term "managerial capacity" 
has the meaning given such term in section 101(aX44XA) of the 
Immigration and Nationality Act, as added by section 123 of 
this Act. 
(3) OFFICER.—The term "officer" means, with respect to a 
business entity, the chairman or vice-chairman of the board of 
directors of the entity, the chairman or vice-chairman of the 
executive committee of the board of directors, the president, any 
vice-president, any assistant vice-president, any senior trust 
officer, the secretary, any assistant secretary, the treasurer, any 
assistaiit treasurer, any trust officer or associate trust ofhcer, 
the controller, any assistant controller, or any other officer of 
the entity customarily performing functions similar to those 
performed by any of the above officers. 
(4) SPECIALIZED KNOWLEDGE.—The term "specialized knowl-
edge" has the meaning given such term in section 214(cX2XB) of 
the Immigration and Nationality Act, as amended by section 
206(bX2)ofthisAct. 
(5) SUPERVISOR.—The term "supervisor" means any individual 
having authority, in the interest of the employer, to hire, 
transfer, suspend, lay off, recall, promote, discharge, assign, 
reward, or discipline other employees, or responsibility to direct 
them, or to adjust their grievances, or effectively recommend 
such action, if in connection with the foregoing the exercise of 
such authority is not merely of a routine or clerical nature, but 
requires the use of independent judgment. 
PART 3—DIVERSITY IMMIGRANTS 
SEC. 131. DIVERSITY IMMIGRANTS. 
Section 203, as amended by sections 111 and 121 of this Act, is 
further amended by inserting after subsection db) the following new 
subsection: 
"(c) DIVERSITY IMMIGRANTS.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), aliens 
subject to the worldwide level specified in section 201(e) for 
diversity immigrants shsdl be allotted visas each fiscal year as 
follows: 
"(A) DETERMINATION OF PREFERENCE IMMIGRATION.—The 
Attorney Genergd shall determine for the most recent pre-
vious 5-fiscal-year period for which data are available, the 
total number of aliens who are natives of each foreign state 
and who (i) were admitted or otherwise provided lawful 
permanent resident status (other than under this subsec-
tion) and (ii) were subject to the numerical limitations of 
104 STAT. 4998 
PUBLIC LAW 101-649—NOV. 29, 1990 
section 201(a) (other than paragraph (3) thereof) or who 
were admitted or otherwise provided lawful permanent 
resident status as an immediate relative or other alien 
described in section 201(bX2). 
"(B) IDENTIFICATION OF HIGH-ADMISSION AND LOW-ADMIS-
SION REGIONS AND HIGH-ADMISSION AND LOW-ADMISSION 
STATES.—The Attorney General— 
"(i) shall identify— 
"(I) each region (each in this paragraph referred 
to as a 'high-admission region') for which the total 
of the numbers determined under subparagraph 
(A) for states in the region is greater than Ve of the 
total of all such numbers, and 
"(II) each other region (each in this paragraph 
referred to as a 'low-admission region'); and 
"(ii) shall identify— 
"(I) each foreign state for which the number 
I 
determined under subparagraph (A) is greater 
than 50,000 (each such state in this paragraph 
referred to as a 'high-admission state'), and 
"(II) each other foreign state (each such state in 
this paragraph referred to as a 'low-admission 
state'). 
"(C) 
DETERMINATION OF PERCENTAGE OF WORLDWIDE 
IMMIGRATION ATTRIBUTABLE TO HIGH-ADMISSION REGIONS.— 
The Attorney General shall determine the percentage of 
the total of the numbers determined under subparagraph 
(A) that are numbers for foreign states in high-admission 
regions. 
"(D) DETERMINATION OF REGIONAL POPULATIONS EXCLUD-
ING HIGH-ADMISSION STATES AND RATIOS OF POPULATIONS OF 
REGIONS WITHIN LOW-ADMISSION REGIONS AND HIGH-ADMIS-
SION REGIONS.—The Attorney General shall determine— 
"(i) based on available estimates for each region, the 
total population of each region not including the popu-
lation of any high-admission state; 
"(ii) for each low-admission region, the ratio of the 
population of the region determined under clause (i) to 
the total of the populations determined under such 
clause for all the low-admission regions; and 
"(iii) for each high-admission region, the ratio of the 
population of the region determined under clause (i) to 
the total of the populations determined under such 
clause for all the high-admission regions. 
"(E) DISTRIBUTION OF VISAS.— 
"(i) No VISAS FOR NATIVES OF HIGH-ADMISSION 
STATES.—The percentage of visas made available under 
this paragraph to natives of a high-admission state is 0. 
"(ii) FOR LOW-ADMISSION STATES IN LOW-ADMISSION RE-
GIONS.—Subject to clauses (iv) and (v), the percentage of 
visas made available under this paragraph to natives 
(other than natives of a high-admission state) in a low-
admission region is the product of— 
"(I) the percentage determined under subpara-
graph (C), and 
"(II) the population ratio for that region deter-
mined under subparagraph (DXii). 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 4999 
"(iii) FOR LOW-ADMISSION STATES IN HIGH-ADMISSION 
REGIONS.—Subject to clauses (iv) and (v), the percentage 
of visas made available under this paragraph to natives 
(other than natives of a high-admission state) in a high-
admission region is the product of— 
"(I) 100 percent minus the percentage deter-
mined under subparagraph (C), and 
"(11) the population ratio for that region deter-
mined under subparagraph (DXiii). 
"(iv) REDISTRIBUTION OF UNUSED VISA NUMBERS.—If 
the Secretary of State estimates that the number of 
immigrant visas to be issued to natives in any region 
for a fiscal year under this paragraph is less than the 
number of immigrant visas made available to such 
natives under this paragraph for the fiscal year, subject 
to clause (v), the excess visa numbers shall be made 
available to natives (other than natives of a high-
admission state) of the other regions in proportion to 
the percentages otherwise specified in clauses (ii) and 
(iii). 
"(v) LIMITATION ON VISAS FOR NATIVES OF A SINGLE 
FOREIGN STATE.—The percentage of vis£is made avail-
able under this paragraph to natives of any single 
foreign state for any fiscal year shall not exceed 7 
percent. 
"(F) REGION DEFINED.—Only for purposes of administer-
ing the diversity program under this subsection, Northern 
Ireland shall be treated as a separate foreign state, each 
colony or other component or dependent area of a foreign 
state overseas from the foreign state shall be treated as 
part of the foreign state, and the areas described in each of 
the following clauses shall be considered to be a separate 
region: 
"(i) Africa. 
"(ii)Asia. 
"(iii) Europe. 
"(iv) North America (other than Mexico). 
"(v) Oceania. 
"(vi) South America, Mexico, Central America, and 
the Caribbean. 
"(2) REQUIREMENT OF EDUCATION OR WORK EXPERIENCE.—An 
alien is not eligible for a visa under this subsection unless the 
alien— 
"(A) has at least a high school education or its equivalent, 
or 
"(B) has, within 5 years of the date of application for a 
visa under this subsection, at least 2 years of work experi-
ence in an occupation which requires at least 2 years of 
training or experience. 
"(3) MAINTENANCE OF INFORMATION.—The Secretary of State 
shall maintain information on the age, occupation, education 
level, and other relevant characteristics of immigrants issued 
visas under this subsection.". 
39-194 O - 91 - 20 : QL 3 Part 6 
104 STAT. 5000 
PUBLIC LAW 101-649—NOV. 29, 1990 
8 use 1153 note. 
SEC. 132. DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF 
CERTAIN ADVERSELY AFFECTED FOREIGN STATES. 
(a) IN GENERAL.—Notwithstanding the numerical limitations in 
sections 201 and 202 of the Immigration and Nationality Act, there 
shall be made available to qualified immigrants described in sul^ec-
tion (b) 40,000 immigrant visas in each of fiscal years 1992,1993, and 
1994. 
(b) QUALIFIED ALIEN DESCRIBED.—An alien described in this 
subsection is an alien who— 
(1) is a native of a foreign state that is not contiguous to the 
United States and that was identified as an adversely affected 
foreign state for purposes of section 314 of the Immigration 
Reform and Control Act of 1986, 
(2) has a firm commitment for employment in the United 
States for a period of at least 1 year (beginning on the date of 
admission under this section), and 
(3) except as provided in subsection (c), is admissible as an 
immigrant. 
(c) DISTRIBUTION OF VISA NUMBERS.—The Secretary of State shall 
provide for making immigrant visas provided under subsection (a) 
available in the chronological order in which aliens apply for each 
fiscal year, except that at least 40 percent of the number of such 
visas in each fiscal year shall be made available to natives of the 
foreign state the natives of which received the greatest number of 
visas issued under section 314 of the Immigration Reform and 
Control Act (or to aliens described in subsection (d) who are the 
spouses or children of such natives). 
(d) DERIVATIVE STATUS FOR SPOUSES AND CHILDREN.—A spouse or 
child (as defined in section 101(bXl) (A), (B), (C), (D), or (E) of the 
Immigration and Nationality Act) shall, if not otherwise entitled to 
an immigrant status and the immediate issuance of a visa under 
this section, be entitled to the same status, and the same order of 
consideration, provided under this section, if accompan3dng, or fol-
lowing to join, his spouse or parent. 
(e) WAIVERS OF GROUNDS OF EXCLUSION.—In determining the 
admissibility of an alien provided a visa number under this section, 
the grounds of exclusion specified in paragraphs (5XB) and (7XA) of 
section 212(a) of the Immigration and Nationality Act shall not 
apply, and the Attorney General shall waive the ground of exclusion 
specified in paragraph (6XC) of such section, unless the Attorney 
General finds that such a waiver is not in the national interest. 
(f) APPLICATION FEE.—The Secretary of State shall require pay-
ment of a reasonable fee for the filing of an application under this 
section in order to cover the costs of processing applications under 
this section. 
8 use 1153 note. SEC. 133. ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE 
BEEN NOTIFIED OF AVAILABILITY OF NP-5 VISAS. 
Notwithstanding the numerical limitations in sections 201 and 
202 of the Immigration and Nationsdity Act, there shall be made 
available in fiscal year 1991 immigrant visa numbers for qualified 
immigrants who— 
(1) were notified by the Secretary of State before May 1, 1990, 
of their selection for issuance of a visa under section 314 of the 
Immigration Reform and Control Act of 1986, and 
(2) are qualified for the issuance of such a visa but for (A) 
numerical and fiscal year limitations on the issuance of such 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5001 
visas, (B) section 212(a)(19) or 212(e) of the Immigration and 
Nationality Act, or (C) the fact that the immigrant was a 
national, but not a native, of a foreign state described in section 
314 of the Immigration Reform and Control Act of 1986. 
Visas shall be made available under this section to spouses and 
children of qualified immigrants in the same manner as such visas 
were made available to such spouses and children under section 314 
of the Immigration Reform and Control Act of 1986. The Attorney 
General may waive section 212(a)(19) of the Immigration and 
Nationality Act (or, on or after June 1, 1991, section 212(a)(6)(C) of 
such Act) in the case of qualified immigrants described in the first 
sentence of this section. 
SEC. 134. TRANSITION FOR DISPLACED TIBETANS. 
(a) IN GENERAL.—Notwithstanding the numerical limitations in 
sections 201 and 202 of the Immigration and Nationality Act, there 
shall be made available to qualified displaced Tibetans described in 
subsection (b) 1,000 immigrant visas in the 3-fiscal-year period begin-
ning with fiscal year 1991. 
O
t
)
) QUALIFIED DISPLACED TIBETAN DESCRIBED.—An alien described 
in this subsection is an alien who— 
(1) is a native of Tibet, and 
(2) since before date of the enactment of this Act, has been 
continuously residing in India or Nepal. 
For purposes of paragraph (1), an alien shall be considered to be a 
native of Tibet if the alien was born in Tibet or is the son, daughter, 
grandson, or granddaughter of an individual born in Tibet. 
(c) DISTRIBUTION OF VISA NUMBERS.—The Secretary of State shall 
provide for making immigrant visas provided under subsection (a) 
available to displaced aliens described in subsection (b) (or described 
in subsection (d) as the spouse or child of such an alien) in an 
equitable manner, giving preference to those aliens who are not 
firmly resettled in India or Nepal or who are most likely to be 
resettled successfully in the United States. 
(d) DERIVATIVE STATUS FOR SPOUSES AND CHILDREN.—A spouse or 
child (as defined in section 101(bXl) (A), (B), (C), (D), or (E) of the 
Immigration and Nationality Act) shall, if not otherwise entitled to 
an immigrant status and the immediate issuance of a visa under 
this section, be entitled to the same status, and the same order of 
consideration, provided under this section, if accompanjdng, or fol-
lowing to join, his spouse or parent. 
Subtitle C—Commission and Information 
8 u s e 1153 note. 
SEC. 141. COMMISSION ON LEGAL IMMIGRATION REFORM. 
8 u s e 1153 note. 
(a) EsTABUSHMENT AND COMPOSITION OF COMMISSION.—(1) Effec-
tive October 1, 1991, there is established a Commission on Legal 
Immigration Reform (in this section referred to as the "Commis-
sion") which shall be composed of 9 members to be appointed as 
follows: 
(A) One member who shall serve as Chairman, to be ap- President. 
pointed by the President. 
(B) Two members to be appointed by the Speaker of the House 
of Representatives who shall select such members from a list of 
nominees provided by the Chairman of the Subcommittee on 
104 STAT. 5002 
PUBLIC LAW 101-649—NOV. 29, 1990 
Immigration, Refugees, and International Law of the Com-
mittee on the Judiciary of the House of Representatives. 
(C) Two members to be appointed by the Minority Leader of 
the House of Representatives who shall select such members 
from a list of nominees provided by the ranking minority 
member of the Subcommittee on Immigration, Refugees, and 
International Law of the Committee on the Judiciary of the 
House of Representatives. 
(D) Two members to be appointed by the Majority Leader of 
the Senate who shall select such members from a list of nomi-
nees provided by the Chairman of the Subcommittee on 
Immigration and Refugee Affairs of the Committee on the 
Judiciary of the Senate. 
(E) Two members to be appointed by the Minority Leader of 
the Senate who shall select such members from a list of nomi-
nees provided by the ranking minority member of the 
Subcommittee on Immigration and Refugee Affairs of the 
Committee on the Judiciary of the Senate. 
(2) Initial appointments to the Commission shall be made during 
the 45-day period beginning on October 1, 1991. A vacancy in the 
Commission shall be filled in the same manner in which the original 
appointment was made. 
President. 
(3) Members shall be appointed to serve for the life of the Commis-
sion, except that the term of the member described in paragraph 
(1)(A) shall expire at noon on January 20, 1993, and the President 
shall appoint an individual to serve for the remaining life of the 
Commission. 
(b) FUNCTIONS OF COMMISSION.—The Commission shall— 
(1) review and evaluate the impact of this Act and the amend-
ments made by this Act, in accordance with subsection (c); and 
Reports. 
(2) transmit to the Congress— 
(A) not later than September 30, 1994, a first report 
describing the progress made in carrsdng out paragraph (1), 
and 
(B) not later than September 30, 1997, a final report 
setting forth the Commission's findings and recommenda-
tions, including such recommendations for additional 
changes that should be made with respect to legal immi-
gration into the United States as the Commission deems 
appropriate. 
(c) CONSIDERATIONS.— 
(1) PARTICULAR CONSIDERATIONS.—In particular, the Commis-
sion shall consider the following: 
(A) The requirements of citizens of the United States and 
of aliens lawfully admitted for permanent residence to be 
joined in the United States by immediate family members 
and the impact which the establishment of a national level 
of immigration has upon the availability and priority of 
family preference visas. 
(B) The impact of immigration and the implementation of 
the employment-based and diversity programs on labor 
needs, emplo3anent, and other economic and domestic 
conditions in the United States. 
(C) The social, demographic, and natural resources 
impact of immigration. 
(D) The impact of immigration on the foreign policy and 
national security interests of the United States. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5003 
(E) The impact of per country immigration l*»vels on 
family-sponsored immigration. 
(F) The impact of the numerical limitation on the adjust-
ment of status of aliens granted asylum. 
(G) The impact of the numerical limitations on the 
admission of nonimmigrants under section 214(g) of the 
Immigration and Nationality Act. 
' 
(2) DIVERSITY PROGRAM.—The Commission shall analyze the 
information maintained under section 203(cX3) of the Immigra-
tion and Nationality Act and shall report to Congress in its 
report under subsection (bX2) on— 
(A) the characteristics of individuals admitted under sec-
tion 203(c) of the Immigration and Nationality Act, and 
• 
(B) how such characteristics compare to the characteris-
tics of family-sponsored immigrants and employment-based 
immigremts. 
The Commission shall include in the report gin assessment of 
the effect of the requirement of paragraph (2) of section 203(c) of 
the Immigration and Nationality Act on the diversity, edu-
cational, and skill level of aliens adir itted. 
(d) COMPENSATION OF MEMBERS.—(1) Each member of the Commis-
sion who is not an officer or employee of the Federal Government is 
entitled to receive, subject to such amounts as are provided in 
advance in appropriations Acts, pay at the daily equivalent of the 
minimum annual rate of basic pay in effect for grade GS-18 of the 
General Schedule. Each member of the Commission who is such an 
officer or employee shall serve without additional pay. 
(2) While away from their homes or regular places of business in 
the performance of services for the Commission, members of the 
Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence. 
(e) MEETINGS, STAFF, AND AUTHORITY OF COMMISSION.—The provi-
sions of subsections (e) through (g) of section 304 of the Immigration 
Reform and Control Act of 1986 shall apply to the Commission in 
the same manner as they apply to the Commission established 
under such section, except that paragraph (2) of subsection (e) 
thereof shall not apply. 
(f) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized 
to be appropriated to the Commission such sums as may be nec-
essary to carry out this section. 
(2) Notwithstanding any other provision of this section, the 
authority to make payments, or to enter into contracts, under this 
section shall be effective only to such extent, or in such amounts, as 
are provided in advance in appropriations Acts. 
(g) TERMINATION DATE.—The Commission shall terminate on the 
date on which a final report is required to be transmitted under 
subsection (bX2XB), except that the Commission may continue to 
function until January 1, 1998, for the purpose of concluding its 
activities, including providing testimony to standing committees of 
Congress concerning its final report under this section and dissemi-
nating that report. 
(h) CONGRESSIONAL RESPONSE.—(1) No later than 90 days after the -
date of receipt of each report transmitted under subsection (bX2), the 
Committees on the Judiciary of the House of Representatives and of 
the Senate shall initiate hearings to consider the findings and 
recommendations of the report. 
* 
' 
104 STAT. 5004 
PUBLIC LAW 101-649—NOV. 29, 1990 
(2) No later than 180 days after the date of receipt of such a 
report, each such Committee shall report to its respective House its 
oversight findings and any legislation it deems appropriate. 
SEC. 142. STATISTICAL INFORMATION SYSTEM. 
Section 103 (8 U.S.C. 1103) is amended by adding at the end the 
following new subsections: 
"(cXD The Commissioner, in consultation with interested academi-
cians, government agencies, and other parties, shall provide for a 
system for collection and dissemination, to Congress and the public, 
of information (not in individually identifiable form) useful in 
evaluating the social, economic, environmental, and demographic 
impact of immigration laws. 
(2) Such information shall include information on the alien 
population in the United States, on the rates of naturalization and 
emigration of resident aliens, on aliens who have been admitted, 
paroled, or granted asylum, on nonimmigrants in the United States 
(by occupation, basis for admission, and duration of stay), on aliens 
who have been excluded or deported from the United States, on the 
number of applications filed and granted for suspension of deporta-
tion, and on the number of aliens estimated to be present unlawfully 
in the United States in each fiscal year. 
"(3) Such system shall provide for the collection and dissemination 
of such information not less often than annually. 
Reports. 
"(dXl) The Commissioner shall submit to Congress annually a 
report which contains a summary of the information collected under 
subsection (c) and an analysis of trends in immigration and natu-
ralization. 
"(2) Each annual report shall include information on the number, 
and rate of denial administratively, of applications for naturaliza-
tion, for each district office of the Service and by national origin 
group.". 
Subtitle D—Miscellaneous 
SEC. 151. REVISION OF SPECIAL IMMIGRANT PROVISIONS RELATING TO 
RELIGIOUS WORKERS (C SPECIAL IMMIGRANTS). 
(a) IN GENERAL.—Subparagraph (C) of section 101(aX27) (8 U.S.C. 
1101(aX27)) is amended to read as follows: 
"(C) an immigrant, and the immigrant's spouse and children 
if accompanying or following to join the immigrant, who— 
"(i) for at least 2 years immediately preceding the time of 
application for admission, has been a member of a religious 
denomination having a bona fide nonprofit, religious 
organization in the United States; 
(ii) seeks to enter the United States— 
"(I) solely for the purpose of carr5dng on the vocation 
of a minister of that religious denomination, 
"(II) before October 1, 1994, in order to work for the 
organization at the request of the organization in a 
professional capacity in a religious vocation or occupa-
tion, or 
"(III) before October 1, 1994, in order to work for the 
organization (or for a bona fide organization which is 
affiliated with the religious denomination and is 
exempt from taxation as an organization described in 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5005 
1 
section 501(cX3) of the Internal Revenue Code of 1986) 
at the request of the organization in a religious voca-
tion or occupation; and 
"(iii) has been carrying on such vocation, professional 
work, or other work continuously for at least the 2-year 
period described in clause (i);". 
(b) 
REFERENCE TO NEW NONIMMIGRANT CLASSIFICATION.—For 
establishment of nonimmigrant classification for religious workers, 
see section 209. 
SEC. 152. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED 8 USC 1101 note. 
AT THE UNITED STATES MISSION IN HONG KONG (D SPECIAL 
IMMIGRANTS). 
(a) IN GENERAL.—Subject to subsection (c), an alien described in 
-
subsection (b) shall be treated as a special immigrant described in 
section 101(a)(27XD) of the Immigration and Nationality Act. 
(b) AuENS COVERED.—An alien is described in this subsection if— 
(1) the alien is— 
vv 
(A) an employee at the United States consulate in Hong 
Kong under the authority of the Chief of Mission (including 
empTojnnent pursuant to section 5913 of title 5, United 
States Code) who has performed faithful service for a total 
of three years or more, or 
(B) a member of the immediate family (as defined in 6 
Foreign Affairs Manual 117k as of the date of the enact-
ment of this Act) of an employee described in subparagraph 
(A) who has been living with the employee in the same 
household; 
(2) the welfare of the employee or such an immediate family 
member is subject to a clear threat due directly to the employ-
ee's emplojonent with the United States Government or under a 
United States Government official; and 
(3) the principal officer in Hong Kong, in the officer's discre-
tion, has recommended the granting of special immigrant status 
to such alien in exceptional circumstances and the Secretary of 
State approves such recommendation and finds that it is in the 
national interest to grant such status. 
(c) EXPIRATION.—Subsection (a) shall only apply to aliens who file 
an application for special immigrant status under this section by not 
later than January 1, 2002. 
(d) LIMITED WAIVER OF NUMERICAL LIMITATIONS.—The first 500 
visas made available to aliens as special immigrants under this 
section shall not be counted against any numerical limitation estab-
lished under section 201 or 202 of the Immigration and Nationality 
Act. 
SEC. 
1
5
3
. 
SPECIAL 
IMMIGRANT 
STATUS 
FOR 
CERTAIN 
ALIENS 
DECLARED 
DEPENDENT 
ON 
A 
JUVENILE 
COURT 
(
J 
SPECIAL 
IMMIGRANTS). 
(a) IN GENERAL.—Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is 
amended— 
(1) by striking "or" at the end of subparagraph (H), 
(2) by striking the period at the end of subparagraph (I) and 
inserting "; or", and 
(3) by adding at the end the following new subparagraph: 
"(J) an immigrant (i) who has been declared dependent on a 
juvenile court located in the United States and has been deemed 
eligible by that court for long-term foster care, and (ii) for whom 
104 STAT. 5006 
PUBLIC LAW 101-649—NOV. 29, 1990 
it has been determined in administrative or judicial proceedings 
that it would not be in the alien's best interest to be returned to 
the alien's or parent's previous country of nationality or coun-
try of last habitual residence; except that no natural parent or 
prior adoptive parent of any alien provided special immigrant 
status under this subparagraph shall thereafter, by virtue of 
such parentage, be accorded any right, privilege, or status under 
this Act", 
(b) WAIVER OF GROUNDS FOR DEPORTATION.— 
(1) IN GENERAL.—Section 241 (8 U.S.C. 1251) is amended by 
adding at the end the following new subsection: 
"(h) Paragraphs (1), (2), (5), (9), or (12) of subsection 241(a) (other 
than so much of paragraph (1) as relates to a ground of exclusion 
described in paragraph (9), (10), (23), (27), (29), or (33) of section 
212(a)) shall not apply to a special immigrant described in section 
101(a)(27XJ) based upon circumstances that exist before the date the 
alien was provided such special immigrant status.". 
Eff'^^ive date. 
(2) UsE OF NEW GROUNDS FOR DEPORTATION.—Effective on the 
8 use 1251 note. 
j^^^e that the amendments made by section 602 of this Act 
become effective, the subsection added by paragraph (1) is 
amended to read as follows: 
"(h) Paragraphs dXA), (IXB), (IXO, dXD), or (3XA), of subsection 
241(a) (other than so much of paragraph (1) as relates to a ground of 
exclusion described in paragraph (2) or (3) of section 212(a)) shall not 
apply to a special immigrant described in section 101(a)(27)(J) based 
upon circumstances that exist before the date the alien was provided 
such special immigrant status.". 
8 use 1201 note. 
SEC. 154. PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IM-
MIGRANT VISAS FOR CERTAIN RESIDENTS OF HONG KONG. 
(a) EXTENDING PERIOD OF VAUDITY.— 
(1) IN GENERAL.—Subject to paragraph (2), the limitation on 
the period of validity of animmigrant visa under section 221(c) 
of the Immigration and Nationality Act shall not apply in the 
case of an immigrant visa issued, on or after the date of the 
enactment of this Act and before September 1, 2001, to an alien 
described in subsection (b), but only if— 
(A) the alien elects, within the period of validity of the 
immigrant visa under such section, to have this section 
apply, and 
(B) before the date the alien seeks to be admitted to the 
United States for lawful permanent residence, the alien 
notifies the appropriate consular officer of the alien's in-
tention to seek such admission and provides such officer 
with such information as the officer determines to be nec-
essary to verify that the alien remains eligible for admis-
, 
sion to the United States as an immigrant. 
(2) LIMITATION ON EXTENSION.—In no case shall the period of 
validity of a visa be extended under paragraph (1) beyond 
January 1, 2002. 
(3) TREATMENT UNDER NUMERICAL UMITATIONS.—In applying 
the numerical limitations of sections 201 and 202 of the 
Immigration and Nationality Act in the case of aliens for Whose 
visas the period of validity is extended under this section, such 
limitations shall only apply at the time of original issuance of 
the visas and not at the time of admission of such aliens. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5007 
(b) ALIENS COVERED.—An alien is described in this subsection if 
the alien— 
(IXA) is chargeable under section 202 of the Immigration and 
Nationality Act to Hong Kong, and 
(BXi) is residing in Hong Kong as of the date of the enactment 
of this Act and is issued an immigrant visa under paragraph (1), 
(2), (4), or (5) of section 203(a) the Immigration and Nationality 
Act (as in effect on the date of the enactment of this Act) or 
under section 203(a) or 203(bXl) of such Act (as in effect on and 
after October 1, 1991), or (ii) is the spouse or child (as defined in 
subsection (d)) of an alien described in clause (i), if accompany-
ing or following to join the alien in coming to the United States; 
or 
(2) is issued a visa under section 124 of this Act. 
(c) TREATMENT OF CERTAIN EMPLOYEES IN HONG KONG.— 
(1) IN GENERAL.—In applying the proviso of section 7 of the 
Central Intelligence Agency Act of 1949, in the case of an alien 
described in paragraph (2), the Director may charge the entry of 
the alien against the numerical limitation for any fiscal year 
(beginning with fiscal year 1991 and ending with fiscal year 
1996) notwithstanding that the alien's entry is not made to the 
United States in that fiscal year so long as such entry is made 
before the end of fiscal year 1997. 
(2) AuENS COVERED.—An alien is described in this paragraph 
if the alien— 
(A) is an employee of the Foreign Broadcast Information 
Service in Hong Kong, or 
(B) is the spouse or child (as defined in subsection (d)) of 
an alien described in subparagraph (A), if accompanjdng or 
following to join the alien in coming to the United States. 
(3) RELATION TO SIMILAR PROVISION.—The provisions of this 
subsection supersede section 403 of the Intelligence Authoriza-
tion Act, Fiscal Year 1991. 
(d) TREATMENT OF CHILDREN.—In this section, the term "child" 
has the meaning given such term in section 101(bXl) of the Immigra-
tion and Nationality Act and also includes (for purposes of this 
section and the Immigration and Nationality Act as it applies to this 
section) an alien who was the child (EIS SO defined) of the alien as of 
the date of the issuance of an immigrant visa to the alien described 
in subsection (b)(1) or, in the case described in subsection (c), as of 
the date of charging of the entry of the alien under the proviso 
under section 7 of the Central Intelligence Agency Act of 1949. 
SEC. 155. EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH PREF- 8 USC 1153 note. 
ERENCE VISAS. 
(a) IN GENERAL.—In the issuance of immigrant visas to certain 
Lebanese immigrants described in subsection (b) in fiscal years 1991 
and 1992 and notwithstanding section 203(c) of the Immigration and 
Nationality Act (to the extent inconsistent with this section), the 
Secretary of State shall provide that immigrant visas which would 
otherwise be made available in the fiscsd year shall be made avail-
able as early as possible in the fiscal year. 
(b) LEBANESE IMMIGRANTS COVERED.—Lebanese immigrants de-
scribed in this subsection are aliens who— 
(1) are natives of Lebanon, 
(2) are not firmly resettled in any foreign country outside 
Lebanon, and 
/ 
104 STAT. 5008 
PUBLIC LAW 101-649—NOV. 29, 1990 
(3) as of the date of the enactment of this Act, are the 
beneficiaries of a petition approved to accord status under 
section 203(aX2) or 203(aX5) of the Immigration and Nationality 
Act (as in effect as of the date of the enactment of this Act), 
or the child of such an alien if accompanying or following to join the 
alien. 
Subtitle E—Effective Dates; Conforming 
Amendments 
8 u s e 1101 note. 
SEC. 161. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in this section, the 
amendments made by this title shall take effect on October 1, 1991, 
and apply beginning with fiscal year 1992. 
(b) PROVISIONS TAKING EFFECT UPON ENACTMENT.—The following 
sections (and amendments made by such sections) shall take effect 
on the date of the enactment of this Act and (unless otherwise 
provided) apply to fiscal year 1991: 
(1) Section 103 (relating to per country limitation for Hong 
Kong). 
(2) Section 104 (relating to asylee adjustments). 
(3) Section 124 (relating to transition for employees of certain 
U.S. businesses in Hong Kong). 
(4) Section 133 (relating to one-year diversity transition for 
aliens who have been notified of availability of NP-5 visas). 
(5) Section 134 (relating to transition for displaced Tibetans). 
(6) Section 153 (relating to special immigrants who are 
dependent on a juvenile court). 
(7) Section 154 (permitting extension of validity of visas for 
certain residents of Hong Kong). 
(8) Section 155 (relating to expedited issuance of Lebanese 
second and fifth preference visas). 
(9) Section 162(b) (relating to immigrant visa petitioning proc-
ess), but only insofar as such section relates to visas for fiscal 
years beginning with fiscal year 1992. 
(c) GENERAL TRANSITIONS.— 
(1) In the case of a petition filed under section 204(a) of the 
Immigration and Nationality Act before October 1, 1991, for 
preference status under section 203(aX3) or section 203(aX6) of 
such Act (as in effect before such date)— 
(A) in order to maintain the priority date with respect to 
such a petition, the petitioner must file (by not later than 
October 1, 1993) a new petition for classification of the 
employment imder paragraph (1), (2), or (3) of section 203(b) 
of such Act (as amended by this title), and 
(B) any labor certification under section 212(a)(5XA) of 
such Act required with respect to the new petition shall be 
deemed approved if the labor certification with respect to 
the previous petition was previously approved under section 
212(aX14)ofsuchAct. 
(2) Any petition filed under section 204(a) of the Immigration 
and Nationality Act before October 1, 1991, for preference 
stetus under section 203(aX4) or section 203(aX5) of such Act (as 
in effect before such date) shall be deemed, as of such date, to be 
a petition filed under such section for preference stetus under 
PUBLIC LAW 101-649-NOV. 29, 1990 
104 STAT. 5009 
section 203(a)(3) or section 203(a)(4), respectively, of such Act (as 
amended by this title). 
(d) ADMISSIBILITY STANDARDS.—When an immigrant, in possession 
of an unexpired immigrant visa issued before October 1,1991, makes 
application for admission, the immigrant's admissibility under para-
graph (7)(A) of section 212(a) of the Immigration and Nationality Act 
shall be determined under the provisions of law in effect on the date 
of the issuance of such visa. 
(e) CONSTRUCTION.—Nothing in this title shall be construed as 
affecting the provisions of section 19 of Public Law 97-116, section 
2(c)(1) of Public Law 97-271, or section 202(e) of Public Law 99-603. 
SEC. 162. CONFORMING AMENDMENTS. 
(a) RESTATEMENT OF DERIVATIVE STATUS, ORDER OF CONSIDERATION, 
ETC.—(1) Section 203, as amended by subtitle B, is further amended 8 USC 1153. 
by striking all that follows subsection (c) and inserting the following: 
"(d) TREATMENT OF FAMILY MEMBERS.—A spouse or child as de-
fined in subparagraph (A), (B), (C), (D), or (E) of section 10ia))(l) 
shall, if not otherwise entitled to an immigrant status and the 
immediate issuance of a visa under subsection (a), (b), or (c), be 
entitled to the same status, and the same order of consideration 
provided in the respective subsection, if accompanying or following 
to join, the spouse or parent. 
"(e) ORDER OF CONSIDERATION.—(1) Immigrant visas made avail-
able under subsection (a) or (b) shall be issued to eligible immigrants 
in the order in which a petition in behalf of each such immigrant is 
filed with the Attorney General (or in the case of special immigrants 
under section 101(a)(27)(D), with the Secretary of State) as provided 
in section 204(a). 
"(2) Immigrant visa numbers made available under subsection (c) 
(relating to diversity immigrants) shall be issued to eligible qualified 
immigrants strictly in a random order established by the Secretary 
of State for the fiscal year involved. 
"(3) Waiting lists of applicants for visas under this section shall be Regulations. 
maintained in accordance with regulations prescribed by the Sec-
retary of State. 
"(f) PRESUMPTION.—Every immigrant shall be presumed not to be 
described in subsection (a) or Ot)) of this section, section 101(a)(27), or 
section 2010t))(2), until the immigrant establishes to the satisfaction 
of the consular officer and the immigration officer that the im-
migrant is so described. In the case of any alien claiming in his 
application for an immigrant visa to be described in section 201(b)(1) 
or in subsection (a) or (b) of this section, the consular officer shall 
not grant such status until he has been authorized to do so as 
provided by section 204. 
"(g) LISTS.—For purposes of carrjdng out the Secretary's respon-
sibilities in the orderly administration of this section, the Secretary 
of State may make reasonable estimates of the anticipated numbers 
of visas to be issued during any quarter of any fiscal year within 
each of the categories under subsections (a), (b), and (c) and to rely 
upon such estimates in authorizing the issuance of visas. The Sec-
retary of State shall terminate the registration of any alien who 
fails to apply for an immigrant visa within one year following 
notification to the alien of the availability of such visa, but the 
Secretary shall reinstate the registration of any such alien who 
establishes within 2 years following the date of notification of the 
104 STAT. 5010 
PUBLIC LAW 101-649—NOV. 29, 1990 
availability of such visa that such failure to apply was due to 
circumstances beyond the alien's control.". 
8 use 1153 note. 
(2) Nothing in this Act may be construed as continuing the 
availability of visas under section 203(a)(7) of the Immigration and 
Nationality Act, as in effect before the date of enactment of this Act. 
(b) CHANGES IN PETITIONING PROCEDURE.—Section 204 (8 U.S.C. 
1154) is amended— 
(1) in subsection (a), by striking "(aXl)" and all that follows 
through the end of paragraph (1) and inserting the following: 
"(a)(1)(A) Any citizen of the United States claiming that an alien 
is entitled to classification by reason of a relationship described in 
paragraph (1), (3), or (4) of section 203(a) or to an immediate relative 
status under section 201(b)(2)(A)(i) may file a petition with the 
Attorney General for such classification. 
"(B) Any alien lawfully admitted for permanent residence claim-
ing that an alien is entitled to a classification by reason of the 
relationship described in section 203(a)(2) may file a petition with 
the Attorney General for such classification. 
"(C) Any alien desiring to be classified under section 203(b)(1)(A), 
or any person on behalf of such an alien, may file a petition with the 
Attorney General for such classification. 
"(D) Any employer desiring and intending to employ within the 
United States an alien entitled to classification under section 
203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) may file a petition with 
the Attorney General for such classification. 
"(E)(i) Any alien (other than a special immigrant under section 
101(a)(27XD)) desiring to be classified under section 203(b)(4), or any 
person on behalf of such an alien, may file a petition with the 
Attorney General for such classification. 
"(ii) Aliens claiming status as a special immigrant under section 
101(aX27XD) may file a petition only with the Secretary of State and 
only after notification by the Secretary that such status has been 
recommended and approved pursuant to such section. 
"(F) Any alien desiring to be classified under section 203(bX5) may 
file a petition with the Secretary of State for such classification. 
"(GXi) Any alien desiring to be provided an immigrant visa under 
section 203(c) may file a petition at the place and time determined 
by the Secretary of State by regulation. Only one such petition may 
be filed by an alien with respect to any petitioning period estab-
lished. If more than one petition is submitted all such petitions 
I 
submitted for such period by the alien shall be voided. 
"(iiXD The Secretary of State shall designate a period for the filing 
of petitions with respect to visas which may be issued under section 
203(c) for the fiscal year beginning after the end of the period. 
"(II) Aliens who qualify, through random selection, for a visa 
under section 203(c) shall remain eligible to receive such visa only 
through the end of the specific fiscal year for which they were 
selected. 
"(Ill) The Secretary of State shall prescribe such regulations as 
may be necessary to carry out this clause. 
*Xiii) A petition or registration under this subparagraph shall be 
in such form as the Secretary of State may by regulation prescribe 
and shall contain such information and be supported by such docu-
mentary evidence as the Secretary of State may require. ; 
(2) in subsection Ot))— 
(A) by striking "section 203(a) (3) or (6)" and inserting 
"section 2030t)X2) or 203(bX3)", and 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5011 
(B) by striking "a preference status under section 203(a)" 
and inserting "preference under subsection (a) or 0?) of 
section 203"; 
(3) in subsection (e), by striking "preference immigrant under 
section 203(a)" and inserting "immigrant under subsection (a), 
(b), or (c) of section 203"; 
(4) in subsection (gXl), by striking "203(aX4)" and inserting 
"203(aX3)"; 
(5) by striking subsection (f); and 
(6) by redesignating subsections (g) and (h) as (f) and (g), 
respectively. 
(e) ADDITIONAL CONFORMING AMENDMENTS.— 
(1) Section 212(aX5) (8 U.S.C. 1182(aX5)), as amended by sec-
tion 601(a) of this Act, is amended— 
(A) in subpareigraph (A), by striking "Any alien who seeks 
to enter the United States for the purpose of performing 
skilled or unskilled labor" and inserting "Any alien who 
seeks admission or status as an immigrant under para-
graph (2) or (3) of section 203(b)", 
(B) in subparagraph (B), by inserting "who seeks admis-
sion or status as an immigrant under paragraph (2) or (3) of 
section 203(b)" after "An alien" the first place it appears, 
and 
(C) by striking subpareigraph (C). 
(2) Section 244(d) (8 U.S.C. 1254(d)) is amended by striking ", 
and unless" and all that follows through "then current". 
, 
(3) Section 245(b) (8 U.S.C. 1255(b)) is amended— 
! 
(A) by striking "or nonpreference", 
(B) by striking "202(e) or 203(a)" and inserting "201(a)", 
and 
- ..,,,,^., 
(C) by striking "for the fiscal year then current" and 
inserting "for the succeeding fiscal year". 
(4) Section 3304(aX14XA) of the Internal Revenue Code of 1986 26 use 3304. 
is amended by striking "section 203(aX7) or". 
(5) Section 1614(aXlXBXi) of the Social Security Act is amend- 42 use 1382c. 
ed by striking "section 203(aX7) or". 
(6) Section 2(cX4) of the Virgin Islands Nonimmigrant Alien 
Adjustment Act of 1982 (Public Law 97-271) is amended by 8 use 1255 note. 
inserting before the period at the end the following: "(as in 
effect before October 1, 1991) or by reason of the relationship 
described 
in 
section 
203(aX2), 203(aX3), or 
203(aX4), or 
201(bX2XAXi), respectively, of such Act (as in effect on or after 
such date)". 
(f) TECHNICAL CORRECTIONS TO IMMIGRATION NURSING REUEF ACT 
OP 1989.— 
(1) Section 2(b) of the Immigration Nursing Relief Act of 1989 
- (Public Law 101-238) is amended— 
8 USe 1255 note. 
(A) by striking "December 31, 1989" and inserting 
"September 1,1989", 
(B) by striking "in the lawful status" and inserting "in 
the status", 
(C) by inserting "unauthorized employment performed 
before the date of the enactment of the Immigration Act of 
1990 shall not be taken into account in appljdng section 
245(cX2) of the Immigration and Nationality Act and" after 
"spouse or child of such an alien,", and 
104 STAT. 5012 
PUBLIC LAW 101-649-NOV. 29, 1990 
(D) by striking "lawful status as such a nonimmigrant" 
and all that follows through "subsection (a)" and inserting 
"lawful status throughout his or her stay in the United 
States as a nonimmigrant until the end of the 120-day 
period beginning on the date the Attorney (Jeneral promul-
gates regulations carrjdng out the amendments made by 
section 162(fKl) of the Immigration Act of 1990". 
(2XA) Section 101(aX15XHXiXa) (8 U.S.C. 1101(aX15XHXiXa)) is 
amended by striking "for the facility for which the alien will 
perform the services, or" and inserting "for each facility (which 
facility shall include the petitioner and each worksite, other 
than a private household worksite, if the worksite is not the 
alien's employer or controlled by the employer) for which the 
alien will perform the services, or". 
(B) Section 212(mX2XA) (8 U.S.C. 1182(mX2XA)) is amended— 
(i) by striking ", with respect to a facility for which an 
alien will perform services,", 
(ii) in clause (iii), by inserting "employed by the facility" 
after "The alien", and 
(iii) by adding at the end the following: "In the case of an 
alien for whom an employer has filed an attestation under 
this subparagraph and who is performing services at a 
worksite other than the employer's or other than a worksite 
controlled by the employer, the Secretary may waive such 
requirements for the attestation for the worksite as may be 
appropriate in order to avoid duplicative attestations, in 
cases of temporary, emergency circumstEinces, with respect 
to information not within the knowledge of the attestor, or 
for other good cause.". 
Effective date. 
(3) The amendments made by this subsection shall apply as 
8 use 1101 note. 
though included in the enactment of the Immigration Nursing 
Relief Act of 1989. 
TITLE II—NONIMMIGRANTS 
Subtitle A—General and Permanent Provisions 
SEC. 201. REVISION AND EXTENSION OF THE VISA WAIVER PILOT PRO-
GRAM FOR FOREIGN TOURISTS (B NONIMMIGRANTS). 
(a) IN GENERAL.—Section 217 (8 U.S.C. 1187) is amended— 
(1) in subsection (aX2), by inserting ", and presents a passport 
issued by," after "is a national of; 
(2) in subsection (aX3)— 
(A) by striking "ENTRY CONTROL AND WAIVER FORMS" and 
inserting "IMMIGRATION FORMS", and 
(B) by striking all that follows "such admission" and 
inserting "completes such immigration form as the Attor-
ney General shall establish."; 
(3) by striking paragraph (4) of subsection (a) and inserting 
the following: 
"(4) ENTRY BY SEA OR AIR.—If arriving by sea or air, the alien 
arrives at the port of entry into the United States on a carrier 
which has entered into an agreement with the Service to 
guarantee transport of the alien out of the United States if the 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5013 
alien is found inadmissible or deportable by an immigration 
officer."; 
(4) by adding at the end of subsection (a) the following new 
paragraph: 
"(J) ROUND-TRIP TICKET.—The alien is in possession of a round-
trip transportation ticket (unless this requirement is waived by 
the Attorney General under regulations).'; 
(5) in subsection (b)— 
(A) by striking the heading and paragraphs (1) through 
(3), and 
(B) by redesignating paragraph (4) (and subparagraphs 
(A) and (B) thereof) as subsection (b) (and paragraphs (1) and 
(2) thereof, respectively), and moving the indentation of 
such redesignated subsection and paragraphs 2 ems to the 
left; 
(6) in subsection (c)— 
(A) in paragraph (1)— 
. 
(i) by striking " U P TO 8 COUNTRIES" in the heading 
and inserting "IN GENERAL", and 
(ii) by striking all that follows "may designate" and 
inserting "any country as a pilot program country if it 
meets the requirements of paragraph (2)."; and 
(B) in paragraph (2)— 
(i) by striking "INITIAL QUAUFICATIONS" in the head-
ing and inserting "QUAUFICATIONS", 
(ii) by striking "For the initial period described in 
paragraph (4), a country" and inserting "A country", 
and 
(iii) by adding at the end the following new subpara-
graphs: 
"(C) MACHINE READABLE PASSPORT PROGRAM.—The govern-
' 
ment of the country certifies that it has or is in the process 
of developing a program to issue machine-readable pass-
ports to its citizens. 
"(D) LAW ENFORCEMENT INTERESTS.—The Attorney Gen-
eral determines that the United States law enforcement 
interests would not be compromised by the designation of 
the country."; 
(7) by redesignating subsections (d) and (e) as subsections (e) 
and (f), respectively, and by inserting after subsection (c) the 
following new subsection: 
"(d) AUTHORITY.—Notwithstanding any other provision of this 
section, the Attorney General and the Secretary of State, acting 
jointly, may for any reason (including national security) refrain 
from waiving the visa requirement in respect to nationals of any 
country which may otherwise qualify for designation or may, at any 
time, rescind any waiver or designation previously granted under 
this section."; 
(8) in subsection (e)(1), as so redesignated— 
(A) by striking "and" at the end of subparagraph (A), 
(B) by striking the period at the end of subparagraph (B) 
£ind inserting ", and", and 
\ 
(C) by adding at the end the following new subparagraph: 
"(C) to be subject to the imposition of fines resulting from 
the transporting into the United States of a national of a 
, 
; 
designated country without a passport pursuant to regula-
tions promulgated by the Attorney General."; and 
104 STAT. 5014 
PUBLIC LAW 101-649—NOV. 29, 1990 
(9) in subsection (f), as so redesignated, by striking all that 
follows "the period beginning" and inserting "on October 1, 
1988, and ending on September 30,1994.". 
(b) PENALTY FOR TRANSPORT OF AUENS WITHOUT VALID VISAS.— 
Section 273 (8 U.S.C. 1323) is amended— 
(1) in subsection (a), by inserting "a valid passport and" before 
"an unexpired visa", and 
(2) in subsection (c), by inserting "valid passport or" before 
"visa was required". 
8 use 1187 note. 
(c) REPORT.—By not later than January 1, 1992, the Attorney 
General, in consultation with the Secretary of State, shall submit to 
the Committees on the Judiciary of the House of Representatives 
and of the Senate a report on the operation of the automated data 
arrival and departure control system for foreign visitors and on 
admission refusals and overstays for such visitors who have entered 
under the visa waiver program. 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
take effect as of the date of the enactment of this Act. 
Maritime 
SEC. 202. DENIAL OF CREWMEMBER STATUS IN THE CASE OF CERTAIN 
carriers. 
LABOR DISPUTES (D NONIMMIGRANTS). 
Air carriers. 
8 use 1187 note. 
(a) IN GENERAL.—Section 214 (8 U.S.C. 1184) is amended by adding 
at the end the following new subsection: 
"(fXD Except as provided in paragraph (3), no alien shall be 
entitled to nonimmigrant status described in section 101(aX15XD) if 
the alien intends to land for the purpose of performing service on 
board a vessel of the United States (as defined in section 2101(46) of 
title 46, United States Code) or on an aircraft of an air carrier (as 
defined in section 101(3) of the Federal Aviation Act of 1958) during 
a labor dispute where there is a strike or lockout in the bargaining 
unit of the employer in which the alien intends to perform such 
service. 
"(2) An alien described in paragraph (1)— 
"(A) may not be paroled into the United States pursuant to 
section 212(dX5) unless the Attorney General determines that 
the parole of such alien is necessary to protect the national 
security of the United States; and 
"(B) shall be considered not to be a bona fide crewman for 
purposes of section 252(b). 
"(3) Paragraph (1) shall not apply to an alien if the air carrier or 
owner or operator of such vessel that employs the alien provides 
documentation that satisfies the Attorney General that the alien— 
"(A) has been an employee of such employer for a period of 
not less than 1 year preceding the date that a strike or lawful 
lockout commenced; 
"(B) has served as a qualified crewman for such employer at 
least once in each of 3 months during the 12-month period 
preceding such date; and 
"(C) shall continue to provide the same services that such 
alien provided as such a crewman.". 
(b) CONFORMING AMENDMENT.—Section 212(dX5XA) (8 U.S.C. 
1182(dX5XA)) is Eimended by inserting "or in section 214(f)" after 
"except as provided in subparagraph (B)". 
8 use 1182 note. 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
take effect 60 days after the date of the enactment of this Act. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5015 
SEC. 203. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY Maritime 
ALIEN CREWMEN (D NONIMMIGRANTS). 
carriers. 
(a) LIMITATION ON AUENS.— 
(1) IN GENERAL.—Chapter 6 of title II is amended by adding at 
the end the following new section: 
"LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN 
CREWMEN 
"SEC. 258. (a) IN GENERAL.—For purposes of section 101(a)(15XDXi), ^ use 1288. 
the term 'normal operation and service on board a vessel' does not 
include any activity that is longshore work (as defined in subsection 
(b)), except as provided under subsection (c) or subsection (d). 
"(b) LONGSHORE WORK DEFINED.— 
"(1) IN GENERAL.—In this section, except as provided in para-
graph (2), the term 'longshore work' means any activity relating 
to the loading or unloading of cargo, the operation of cargo-
related equipment (whether or not integral to the vessel), and 
the handling of mooring lines on the dock when the vessel is 
made fast or let go, in the United States or the coastal waters 
thereof. 
"(2) 
EXCEPTION FOR SAFETY AND ENVIRONMENTAL PROTEC-
TION.—The term 'longshore work' does not include the loading 
or unloading of any cargo for which the Secretary of Transpor-
tation has, under the authority contained in chapter 37 of title 
46, United States Code (relating to Carriage of Liquid Bulk 
Dangerous Cargoes), section 311 of the Federal Water Pollution 
Control Act (33 U.S.C. 1321), section 4106 of the Oil Pollution 
Act of 1990, or section 105 or 106 of the Hazardous Materials 
Transportation Act (49 U.S.C. App. 1804, 1805) prescribed regu-
lations which govern— 
"(A) the handling or stowage of such cargo, 
, 
"(B) the manning of vessels and the duties, qualifications, 
and training of the officers and crew of vessels carr3dng 
such cargo, and 
"(C) the reduction or elimination of discharge during 
ball£isting, tank cleaning, handling of such cargo. 
"(3) CONSTRUCTION.—Nothing in this section shall be con-
strued as broadening, limiting, or otherwise modifjdng the 
meaning or scope of longshore work for purposes of any 
other law, collective bargaining agreement, or international 
agreement. 
"(c) PREVAILING PRACTICE EXCEPTION.—(1) Subsection (a) shall not 
apply to a particular activity of longshore work in and about a local 
port if^ 
"(AXi) there is in effect in the local port one or more collective 
bargaining Eigreements each covering at least 30 percent of the 
number of individuals employed in performing longshore work 
and (ii) each such agreement (covering such percentage of 
longshore workers) permits the activity to be performed by alien 
crewmen under the terms of such agreement; or 
"(B) there is no collective bargaining agreement in effect in 
the local port covering at least 30 percent of the number of 
individuals employed in performing longshore work, and an 
employer of alien crewmen (or the employer's designated agent 
or representative) has filed with the Secretary of Labor at least 
14 days before the date of performance of the activity (or later. 
104 STAT. 5016 
PUBLIC LAW 101-649—NOV. 29, 1990 
if necessary due to an unanticipated emergency, but not later 
^ 
than the date of performance of the activity) an attestation 
setting forth facts and evidence to show that— 
"(i) the performance of the activity by alien crewmen is 
permitted under the prevailing practice of the particular 
port as of the date of filing of the attestation and that the 
use of alien crewmen for such activity— 
"(I) is not during a strike or lockout in the course of a 
labor dispute, and 
"(11) is not intended or designed to influence an 
election of a bargaining representative for workers in 
the local port; and 
"(ii) notice of the attestation has been provided by the 
owner, agent, consignee, master, or commanding officer to 
the bargaining representative of longshore workers in the 
local port, or, where there is no such bargaining representa-
tive, notice of the attestation has been provided to 
longshore workers employed at the local port. 
In applying subparagraph (B) in the case of a particular activity of 
longshore work consisting of the use of an automated self-unloading 
conveyor belt or vacuum-actuated system on a vessel, the attestation 
shall be required to be filed only if the Secretary of Labor finds, 
based on a preponderance of the evidence which may be submitted 
by any interested party, that the performance of such particular 
activity is not described in clause (i) of such subparagraph. 
"(2) Subject to paragraph (4), an attestation under paragraph (1) 
shall— 
"(A) expire at the end of the 1-year period beginning on the 
date of its filing with the Secretary of Labor, and 
"(B) apply to aliens arriving in the United States during such 
1-year period if the owner, agent, consignee, master, or 
commanding officer states in each such list under section 251 
that it continues to comply with the conditions in the attesta-
tion. 
"(3) An owner, agent, consignee, master, or commanding officer 
may meet the requirements under this subsection with respect to 
more than one alien crewman in a single list. 
Public 
"(4)(A) The Secretary of Labor shall compile and make available 
ms°rkf*of" 
^°'' public examination in a timely manner in Washington, D.C., a 
Columbia. 
list identifying owners, agents, consignees, masters, or commanding 
officers which have filed lists for nonimmigrants described in sec-
tion 101(aX15XDXi) with respect to whom an attestation under para-
graph (1) is made and, for each such entity, a copy of the entity's 
attestation under paragraph (1) (and accompanying documentation) 
and each such list filed by the entity. 
Investigations. 
"(BXi) The Secretary of Labor shall establish a process for the 
receipt, investigation, and disposition of complaints respecting an 
entity's failure to meet conditions attested to, an entity's misrepre-
sentation of a material fact in an attestation, or, in the case 
described in the last sentence of paragraph (1), whether the perform-
ance of the particular activity is or is not described in paragraph 
(lXB)(i). 
"(ii) Complaints may be filed by any aggrieved person or organiza-
tion (including bargaining representatives, associations deemed 
appropriate by the Secretary, and other aggrieved parties as deter-
mined under regulations of the Secretary). 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5017 
"(iii) The Secretary shall promptly conduct an investigation under 
this subparagraph if there is reasonable cause to believe that an 
entity fails to meet conditions attested to, an entity has misrepre-
sented a material fact in the attestation, or, in the case described in 
the last sentence of paragraph (1), the performance of the particular 
activity is not described in paragraph (IXBXi). 
"(CXi) If the Secretary determines that reasonable cause exists to 
conduct an investigation with respect to an attestation, a complain-
ing party may request that the activities attested to by the employer 
cease during the hearing process described in subparagraph (D). If 
such a request is made, the attesting employer shall be issued notice 
of such request and shall respond within 14 days to the notice. If the 
Secretary makes an initial determination that the complaining 
party's position is supported by a preponderance of the evidence 
submitted, the Secretary shall require immediately that the em-
ployer cease and desist from such activities until completion of the 
process described in subparagraph (D). 
"(ii) If the Secretary determines that reasonable cause exists to 
. 
conduct an investigation with respect to a matter under the last 
sentence of paragraph (1), a complaining party may request that the 
activities of the employer cease during the hearing process described 
in subparsigraph (D) unless the employer files with the Secretary of 
Labor an attestation under paragraph (1). If such a request is made, 
the employer shall be issued notice of such request and shall re-
spond within 14 days to the notice. If the Secretary makes an initial 
determination that the complaining party's position is supported by 
a preponderance of the evidence submitted, the Secretary shall 
require immediately that the employer cease and desist from such 
activities until completion of the process described in subparagraph 
(D) unless the employer files with the Secretary of Labor an attesta-
tion under paragraph (1). 
"(D) Under the process established under subparagraph (B), the 
Secretary shall provide, within 180 days after the date a complaint 
is filed (or later for good cause shown), for a determination as to 
whether or not a basis exists to make a finding described in subpara-
graph (E). The Secretary shall provide notice of such determination 
to the interested parties and an opportunity for a hearing on the 
complaint within 60 days of the date of the determination. 
"(EXi) If the Secretary of Labor finds, after notice and opportunity 
for a hearing, that an entity has failed to meet a condition attested 
to or has made a misrepresentation of material fact in the attesta-
tion, the Secretary shall notify the Attorney General of such finding 
and may, in addition, impose such other administrative remedies 
(including civil monetary penalties in an amount not to exceed 
$5,000 for each alien crewman performing unauthorized longshore 
work) as the Secretary determines to be appropriate. Upon receipt of 
such notice, the Attorney General shall not permit the vessels 
owned or chartered by such entity to enter any port of the United 
States during a period of up to 1 year. 
"(ii) If the Secretary of Labor finds, after notice and opportunity 
for a hearing, that, in the case described in the last sentence of 
paragraph (1), the performance of the particular activity is not 
described in subparagraph (BXi), the Secretary shall notify the 
Attorney Greheral of such finding and, thereafter, the attestation 
described in paragraph (1) shall be required of the employer for the 
performance of the particular activity. 
104 STAT. 5018 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(F) A finding by the Secretary of Labor under this paragraph 
that the performance of an activity by alien crewmen is not per-
mitted under the prevailing practice of a local port shall preclude 
for one year the filing of a subsequent attestation concerning such 
activity in the port under paragraph (1). 
"(d) RECIPROCITY EXCEPTION.— 
"(1) IN GENERAL.—Subject to the determination of the Sec-
retary of State pursuant to paragraph (2), the Attorney (Jeneral 
shall permit an alien crewman to perform an activity constitut-
ing longshore work if— 
"(A) the vessel is registered in a country that by law, 
regulation, or in practice does not prohibit such activity by 
crewmembers aboard United States vessels; and 
"(B) nationals of a country (or countries) which by law, 
regulation, or in practice does not prohibit such activity by 
crewmembers aboard United States vessels hold a majority 
of the ownership interest in the vessel. 
"(2) ESTABLISHMENT OF UST.—The Secretary of State shall, in 
accordance with section 553 of title 5, United States CJode, 
compile and annually maintain a list, of longshore work by 
particular activity, of countries where performance of such a 
particular activity by crewmembers aboard United States 
vessels is prohibited by law, regulation, or in practice in the 
country. By not later than 90 days after the date of the enact-
ment of this section, the Secretary shall publish a notice of 
proposed rulemaking to establish such list. The Secretary shall 
first establish such list by not later than 180 days after the date 
of the enactment of this section. 
"(3) IN PRACTICE DEFINED.—For purposes of this subsection, 
the term *in practice' refers to an activity normally performed 
in such country during the one-year period preceding the ar-
rival of such vessel into the United States or coastal waters 
thereof.". 
8 u s e 1288 note. 
(2) N o APPUCATION TO CITIZENS OR NATIONALS OF THE UNITED 
STATES.—This section does not affect the performance of 
longshore work in the United States by citizens or nationals of 
the United States. 
(3) CLERICAL AMENDMENT.—The table of contents is amended 
by inserting after the item relating to section 257 the following 
new item: 
"Sec. 258. Limitations on performance of longshore work by alien crewmen.". 
0)) PENALTIES.—Section 251(d) (8 U.S.C. 1281(d)) is amended— 
(1) in the first sentence by striking "pay to" and all that 
follows through "$10" and inserting "pay to the Commissioner 
the sum of $200"; and 
(2) by inserting after the first sentence the following: "In the 
case that any owner, agent, consignee, master, or commanding 
officer of a vessel shall secure services of an alien crewman 
described in section 101(aX15XDXi) to perform longshore work 
not included in the normal operation and service on board the 
vessel under section 258, the owner, agent, charterer, master, or 
commanding officer shall pay to the Commissioner the sum of 
$5,000, and such fine shall be a lien against the vessel.". 
(c) CONFORMING AMENDMENTS.—Section 101(aX15XDXi) (8 U.S.C. 
1101(aX15XDXi)) is amended— 
(1) by striking "any capacity" and inserting "a capacity", and 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5019 
(2) by inserting ", as defined in section 258(a)" after "on board 
a vessel", 
(d) EFFECTIVE DATE.—The amendments made by this section shall 8 use lioi note, 
apply to services performed on or after 180 days after the date of the 
enactment of this Act. 
SEC. 204. TREATY TRADERS (E NONIMMIGRANTS). 
(a) INCLUDING TRADE IN SERVICES AND TECHNOLOGY.—Section 
101(a)(15)(E)(i) (8 U.S.C. 1101(a)(15XEXi)) is amended by inserting 
", including trade in services or trade in technology" after "substan-
tial trade". 
(b) APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN 8 use iioi note. 
STATES.—Each of the following foreign states shall be considered, for 
purposes of section 101(aX15XE) of the Immigration and Nationality 
Act, to be a foreign state described in such section if the foreign 
state extends reciprocal nonimmigrant treatment to nationsils of the 
United States: 
(1) The largest foreign state in each region (as defined in 
section 203(c)(1) of the Immigration and Nationality Act) which 
(A) has 1 or more dependent areas (as determined for purposes 
of section 202 of such Act) and (B) does not have a treaty of 
commerce and navigation with the United States. 
(2) The foreign state which (A) was identified £is an adversely 
affected foreign state for purposes of section 314 of the Immigra-
tion Reform and Control Act of 1986 and (B) does not have a 
treaty of commerce and navigation with the United States, but 
(C) had such a treaty with the United States before 1925. 
(c) SUBSTANTIAL DEFINED.—Section 101(a), as amended by section 
123 of this Act, is further amended by adding at the end the 
following new paragraph: 
"(45) The term 'substantial' means, for purposes of paragraph 
(15XE) with reference to trade or capital, such an amount of trade or 
capitsd as is established by the Secretary of State, after consultation 
with appropriate agencies of Government.". 
SEC. 205. TEMPORARY WORKERS AND TRAINEES (H NONIMMIGRANTS). 
(a) LIMITATION ON NUMBERS.—Section 214 (8 U.S.C. 1184), as 
amended by section 202(a), is amended by adding at the end the 
following new subsection: 
"(gXD The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
(beginning with fiscal year 1992)— 
"(A) under section 101(aX15XHXiXb) may not exceed 65,000, 
"(B) under section 101(aX15XHXiiXb) may not exceed 66,000, or 
"(C) under section 101(aX15XPXi) or section 101(aX15XPXiii) 
may not exceed 25,000. 
"(2) The numerical limitations of paragraph (1) shall only apply to 
principal aliens and not to the spouses or children of such £diens. 
"(3) Aliens who are subject to the numerical limitations of para-
graph (1) shall be issued visas (or otherwise provided nonimmigrant 
status) in the order in which petitions are filed for such visas or 
status. 
"(4) In the case of a nonimmigrant described in section 
101(aX15XHXi)(b), the period of authorized admission as such a 
nonimmigrant may not exceed 6 years.". 
104 STAT. 5020 
PUBLIC LAW 101-649—NOV. 29, 1990 
(b) CONSTRUCTION RESPECTING INTENT WITH RESPECT TO ABANDON-
MENT OF FOREIGN RESIDENCE.—Section 214, as amended by section 
202(a) and by subsection (a), is further amended— 
(1) in subsection (b), by inserting "(other than a nonimmigrant 
described in subparagraph (HXi) or (L) of section 101(aX15))" 
after "Every alien", and 
(2) by adding at the end the following new subsection: 
"(h) The fact that an alien is the beneficiary of an application for 
a preference status filed under section 204 or has otherwise sought 
permanent residence in the United States shall not constitute evi-
dence of an intention to abandon a foreign residence for purposes of 
obtaining a visa as a nonimmigrant described in subparagraph (H)(i) 
or (L) of section 101(a)(15) or otherwise obtaining or maintaining the 
status of a nonimmigrant described in such subparagraph, if the 
alien had obtained a change of status under section 248 to a classi-
fication as such a nonimmigrant before the alien's most recent 
departure from the United States.". 
(c) REVISION OF H-IB CATEGORY.— 
(1) IN GENERAL.—Subclause (b) of section 101(a)(15XH)(i) (8 
U.S.C. 1101(aX15)(HXi)) is amended by striking "who is of distin-
guished" and all that follows through "such institution or 
agency" and inserting the following: "who is coming tempo-
rarily to the United States to perform services (other than 
services described in subclause (a) during the period in which 
such subclause applies and other than services described in 
subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty 
occupation described in section 214(i)(l), who meets the require-
ments for the occupation specified in section 214(i)(2), and with 
respect to whom the Secretary of Labor determines and certifies 
to the Attorney General that the intending employer has filed 
with, and had approved by, the Secretary an application under 
section 212(nXl)". 
(2) SPECIALTY OCCUPATION DEFINED.—Section 214, as amended 
by section 202(a) and subsections (a) and (b), is further amended 
by adding at the end the following new subsection: 
"(iXD For purposes of section 101(aX15XHXi)(b) and paragraph (2), 
the term 'specialty occupation' means an occupation that requires— 
"(A) theoretical and practical application of a body of highly 
specialized knowledge, and 
"(B) attainment of a bachelor's or higher degree in the spe-
cific specialty (or its equivalent) as a minimum for entry into 
the occupation in the United States. 
"(2) For purposes of section 101(a)(15XHXi)(b), the requirements of 
this paragraph, with respect to a specialty occupation, are— 
"(A) full state licensure to practice in the occupation, if such 
licensure is required to practice in the occupation, 
"(B) completion of the degree described in paragraph (1)(B) for 
the occupation, or 
"(CXi) experience in the specialty equivalent to the comple-
tion of such degree, and (ii) recognition of expertise in the 
specialty through progressively responsible positions relating to 
the specialty.". 
8 use 1182. 
(3) LABOR CONDITION APPLICATION FOR H-IB.—Section 212 is 
amended by adding at the end the following new subsection: 
"(nXD No alien may be admitted or provided status as a non-
immigrant described in section 101(aX15XHXi)(b) in an occupational 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5021 
classification unless the employer has filed with the Secretary of 
Labor an application stating the following: 
"(A) The employer— 
"(i) is offering and will offer during the period of au- Wages. 
thorized emplojrment to aliens and to other individuals 
employed in the occupational classification and in the area 
of employment wages that are at least— 
"(I) the actual wage level for the occupational classi-
fication at the place of emplojonent, or 
"(II) the prevailing wage level for the occupational 
classification in the area of emplojrment, 
whichever is greater, determined as of the time of filing the 
application, and 
(ii) will provide working conditions for such aliens that 
will not adversely affect the working conditions of workers 
similarly employed. 
"(B) There is not a strike or lockout in the course of a 
labor dispute in the occupational classification at the place of 
employment. 
(C) The employer, at the time of filing the application— 
"(i) has provided notice of the filing under this paragraph 
to the bargaining representative (if any) of the employer's 
employees in the occupational classification and area for 
which aliens are sought, or 
"(ii) if there is no such bargaining representative, has 
posted notice of filing in conspicuous locations at the place 
of emplo3maent. 
"(D) The application shall contain a specification of the 
number of workers sought, the occupational classification in 
which the workers will be employed, and wage rate and condi-
tions under which they will be employed. The employer shall 
make available for public examination, within one working day 
after the date on which an application under this paragraph is 
filed, at the employer's principal place of business or worksite, a 
copy of each such application (and accompan3dng documenta-
tion). The Secretary shall compile, on a current basis, a list (by 
employer and by occupational classification) of the applications 
filed under this subsection. Such list shall include the wage 
rate, number of aliens sought, period of intended employment, 
and date of need. The Secretary shall make such list available 
for public examination in Washington, D.C. 
"(2XA) The Secretary shall establish a process for the receipt, 
investigation, and disposition of complaints respecting a petitioner's 
failure to meet a condition specified in an application submitted 
under par£igraph (1) or a petitioner's misrepresentation of material 
facts in such an application. Complaints may be filed by any ag-
grieved person or organization (including bargaining representa-
tives). No investigation or hearing shall be conducted on a complaint 
concerning such a failure or misrepresentation unless the complaint 
was filed not later than 12 months after the date of the failure or 
misrepresentation, respectively. The Secretary shall conduct an 
investigation under this paragraph if there is reasonable cause to 
believe that such a failure or misrepresentation has occurred. 
"(B) Under such process, the Secretary shall provide, within 30 
days sifter the date such a complaint is filed, for a determination as 
to whether or not a reasonable basis exists to make a finding 
described in subparagraph (C). If the Secreteuy determines that such 
Public 
information. 
Public 
information. 
District of 
Columbia. 
Investigations. 
104 STAT. 5022 
PUBLIC LAW 101-649—NOV. 29, 1990 
a reasonable basis exists, the Secretary shall provide for notice of 
such determination to the interested parties and an opportunity for 
a hearing on the complaint, in accordance with section 556 of title 5, 
United States Code, within 60 days after the date of the determina-
tion. If such a hearing is requested, the Secretary shall make a 
finding concerning the matter by not later than 60 days after the 
date of the hearing. In the case of similar complaints respecting the 
s£ime applicant, the Secretary may consolidate the hearings under 
this subparagraph on such complaints. 
"(C) If the Secretary finds, after notice and opportunity for a 
hearing, a failure to meet a condition (or a substantial failure in the 
case of a condition described in subparagraph (C) or (D) of paragraph 
(1)) or misrepresentation of material fact in an application— 
"(i) the Secretary shall notify the Attorney General of such 
finding and may, in addition, impose such other administrative 
remedies (including civil monetary penalties in an amount not 
to exceed $1,000 per violation) as the Secretary determines to be 
appropriate, and 
(ii) the Attorney General shall not approve petitions filed 
with respect to that employer under section 204 or 214(c) during 
a period of at least 1 year for aliens to be employed by the 
employer. 
"(D) In addition to the sanctions provided under subparagraph (C), 
if the Secretary finds, after notice and opportunity for a hearing, 
that an employer has not paid wages at the wage level specified 
under the application and required under paraigraph (1), the Sec-
retary shall order the employer to provide for payment of such 
amounts of back pay as may be required to comply with the require-
ments of paragraph (1).". 
(d) LIMITATION ON TRAINEES.—Section 101(aX15XHXiii) (8 U.S.C. 
1101(aX15)(H)(iii)) is amended by inserting before the semicolon at 
the end the following: ", in a training program that is not designed 
primarily to provide productive emplojnnent". 
(e) REMOVAL OF FOREIGN RESIDENCE REQUIREMENT FOR H - 1 
NONIMMIGRANTS.—Section 101(aX15XH) (8 U.S.C. 1101(aX15)(H)) is 
amended— 
(1) by striking "having a residence in a foreign country which 
he has no intention of abandoning"; 
(2) in clause (ii), by striking "who is coming temporarily to the 
United States (a)" and inserting "(a) having a residence in a 
foreign country which he has no intention of abandoning who is 
coming temporarily to the United States"; 
(3) in clause (ii)(b), by inserting "having a residence in a 
foreign country which he has no intention of abandoning who is 
coming temporarily to the United States" immediately after 
"(b)"; and 
(4) in clause (iii), by inserting "having a residence in a foreign 
country which he has no intention of abandoning" after "(iii)". 
SEC. 206. INTRA-COMPANY TRANSFEREES (L NONIMMIGRANTS). 
8 u s e 1101 note. 
(a) CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL 
ACCOUNTING 
FIRMS.—In 
applying 
sections 
101(a)(15XL) and 
203(bXlXC) of the Immigration and Nationality Act, in the case of a 
partnership that is organized in the United States to provide 
accounting services and that markets its accounting services under 
an internationally recognized name under an agreement with a 
worldwide coordinating organization that is owned and controlled 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5023 
by the member accounting firms, a partnership (or similar organiza-
tion) that is organized outside the United States to provide account-
ing services shall be considered to be an affiliate of the United 
States partnership if it markets its accounting services under the 
same internationally recognized name under the agreement with 
the worldwide coordinating organization of which the United States 
partnership is also a member. 
O
b
) USE OF BLANKET PETITIONS; DEADLINES FOR PROCESSING; PERI-
ODS OF AUTHORIZED STAY; CONSTRUCTION.—Section 214(c) (8 U.S.C. 
1184(c)) is smiended— 
(1) by mserting "(1)" after "(c)", and 
(2) by adding at the end the following new paragraph: 
"(2XA) The Attorney General shall provide for a procedure under 
which an importing employer which meets requirements established 
by the Attorney General may file a blanket petition to import aliens 
as nonimmigrants described in section 101(aX15XL) instead of filing 
individuals petitions under paragraph (1) to import such aliens. 
Such procedure shall permit the expedited processing of visas for 
entry of Eiliens covered under such a petition. 
"(B) For purposes of section 101(aX15)(L), an alien is considered to 
be serving in a capacity involving specialized knowledge with re-
spect to a company if the alien has a special knowledge of the 
company product and its application in international markets or has 
an advanced level of knowledge of processes and procedures of the 
company. 
"(C) The Attorney General shall provide a process for reviewing 
and acting upon petitions under this subsection with respect to 
nonimmigrants described in section 101(a)(15)(L) within 30 days 
after the date a completed petition has been filed. 
"(D) The period of authorized admission for— 
"(i) a nonimmigrant admitted to render services in a manage-
rial or executive capacity under section 101(aX15XL) shall not 
exceed 7 years, or 
"(ii) a nonimmigrant admitted to render services in a capacity 
that involved specialized knowledge under section 101(a)(15)(L) 
shall not exceed 5 years.", 
(c) 
PERIOD OF PRIOR 
EMPLOYMENT WITH COMPANY,—Section 
101(aX15XL) (8 U.S.C. 1101(aX15XL)) is amended by striking "imme-
diately preceding" and inserting "within 3 years preceding . 
SEC. 207. NEW CLASSIFICATION FOR ALIENS WITH EXTRAORDINARY 
ABILITY, ACCOMPANYING ALIENS, AND ATHLETES AND 
ENTERTAINERS (O & P NONIMMIGRANTS). 
(a) IN GENERAL.—Section 101(aX15) (8 U.S.C. 1101(aX15)) is 
amended— 
(1) by striking "or" at the end of subparsigraph (M), 
(2) by striking the period at the end of subparagraph (N) and 
inserting a semicolon, and 
(3) by adding at the end the following new subparagraphs: 
"(O) an alien who— 
"(i) has extraordinary ability in the sciences, arts, edu-
cation, business, or athletics which has been demonstrated 
by sustained national or international acclaim or, with 
regard to motion picture and television productions a dem-
onstrated record of extraordinary achievement, and whose 
achievements have been recognized in the field through 
extensive documentation, and seeks to enter the United 
104 STAT. 5024 
PUBLIC LAW 101-649—NOV. 29, 1990 
States to continue work in the area of extraordinary ability, 
but only if the Attorney General determines that the alien's 
* 
entry into the United States will substantially benefit 
prospectively the United States; or 
"(iiXD seeks to enter the United States temporarily and 
solely for the purpose of accompanying and assisting in the 
artistic or athletic performance by an alien who is admitted 
under clause (i) for a specific event or events, 
"(11) is an integral part of such actual performance, 
"(IllXa) heis critical skills and experience with such alien 
which are not of a general nature and which cannot be 
performed by other individuals, or (b) in the case of a 
motion picture or television production, has skills and 
experience with such alien which are not of a general 
nature and which are critical either based on a pre-existing 
longstanding working relationship or, with respect to the 
specific production, because significant principal photog-
raphy will take place both inside and outside the United 
States and the continuing participation of the alien is 
essential to the successful completion of the production, and 
'•(IV) has a foreign residence which the alien has no 
intention of abandoning; or 
"(iii) is the alien spouse or child of an alien described in 
clause (i) or (ii) and is accompanjdng, or following to join, 
the alien; or 
"(P) an alien having a foreign residence which the alien has 
no intention of abandoning who— 
**(i)(I) performs as an athlete, individually or as part of a 
group or team, at an internationally recognized level of 
performance, or performs as part of an entertainment 
group that has been recognized internationally as being 
outstanding in the discipline for a sustained and substantial 
period of time and has had a sustained and substantial 
relationship with that group over a period of at least 1 year 
and provides functions integral to the performance of the 
group, and 
"(II) seeks to enter the United States temporarily and 
solely for the purpose of performing as such an athlete or 
entertainer with respect to a specific athletic competition or 
performance; 
"(ii)(I) performs as an artist or entertainer, individually 
or as part of a group, or is an integral part of the perform-
ance of such a group, and 
"(II) seeks to enter the United States temporarily and 
solely for the purpose of performing as such an artist or 
entertainer or with such a group under a reciprocal ex-
- 
change program which is between an organization or 
organizations in the United States and an organization in 
one or more foreign states and which provides for the 
temporary exchange of artists and entertainers, or groups 
of artists and entertainers, between the United States and 
the foreign states involved; 
"(iiiXD performs as an artist or entertainer, individually 
or as part of a group, or is an integral part of the perform-
ance of such a group, and 
"(II) seeks to enter the United States temporarily and 
solely for the purpose of performing as such an artist or 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5025 
entertsdner or with such a group under a program that is 
culturally unique; or 
"(iv) is the spouse or child of an alien described in clause 
(i), (ii), or (iii) and is accompan5dng, or following to join, the 
alien.", 
(b) PERIODS OF ADMISSION, ETC.—Section 214 (8 U.S.C. 1184) is 
amended— 
(1) in subsection (a), by inserting "(1)" after "(a)" and by 
adding at the end the following new paragraph: 
"(2XA) The period of authorized status as a nonimmigrant under 
section 101(aX15XO) shall be for such period as the Attorney Greneral 
may specify in order to provide for the event for which the non-
immigrant is admitted. 
"(BXi) The period of authorized status as a nonimmigrant de-
scribed in section 101(aX15XP) shall be for such period as the Attor-
ney Greneral may specify in order to provide for the competition, 
event, or performance for which the nonimmigrant is admitted. In 
the case of nonimmigrants admitted as individual athletes under 
section 101(aX15XP), the period of authorized status may be for an 
initial period (not to exceed 5 years) during which the nonimmigrant 
will perform as an athlete and such period may be extended by the 
Attorney Greneral for an additional period of up to 5 years. 
"(ii) An alien who is admitted as a nonimmigrant under clause (ii) 
or (iii) of section 101(aX15XP) may not be readmitted as such a 
nonimmigrant unless the alien has remained outside the United 
States for at least 3 months after the date of the most recent 
admission. The Attorney General may waive the application of the 
previous sentence in the case of individual tours in which the 
application would work an undue hardship."; and 
(2) in subsection (c), as amended by section 206(b)— 
(A) in paragraph (1), by striking "or (L)" and inserting 
",(L),(0),or(PXi)",and 
(B) by adding at the end the following new paragraphs: 
"(3) The Attorney General shall approve a petition— 
"(A) with respect to a nonimmigrant described in section 
101(aX15XOXi) only after consultation with peer groups in the 
area of the alien's ability or, with respect to aliens seeking entry 
for a motion picture or television production, after consultation 
with the appropriate union representing the alien's occupa-
tional peers and a management organization in the area of the 
alien's ability, or 
"(B) with respect to a nonimmigrant described in section 
101(aX15XOXii) after consultation with labor organizations with 
expertise in the skill area involved. 
In the case of an alien seeking entry for a motion picture or 
television production, (i) any opinion under the previous sentence 
shall only be advisory, (ii) any such opinion that recommends denial 
must be in writing, (iii) in making the decision the Attorney General 
shall consider the exigencies and scheduling of the production, and 
(iv) the Attorney Greneral shall append to the decision any such 
opinion. 
"(4XA) A person may petition the Attorney Greneral for classifica-
tion of an alien as a nonimmigrant under clause (ii) of section 
101(aX15XP). 
"(B) The Attorney Greneral shall approve petitions under this 
subsection with respect to nonimmigrants described in clause (i) or 
(iii) of section 101(aX15XP) only after consultation with labor 
104 STAT. 5026 
PUBLIC LAW 101-649—NOV. 29, 1990 
organizations with expertise in the specific field of athletics or 
entertainment involved. 
"(C) The Attorney General shall approve petitions under this 
subsection for nonimmigrants described in section 101(aX15XPXii) 
only after consultation with labor organizations representing artists 
and entertainers in the United States, in order to assure reciprocity 
in fact with foreign states. 
"(5) In the case of an alien who is provided nonimmigrant status 
under section 101(aX15XHXiXb) or lOl(HXiiXb) and who is dismissed 
from employment by the employer before the end of the period of 
authorized admission, the employer shall be liable for the reason-
able costs of return transportation of the alien abroad. 
"(6) If a petition is filed and denied under this subsection, the 
Attorney CJeneral shall notify the petitioner of the determination 
and the reasons for the denial and of the process by which the 
petitioner may appeal the determination.". 
8 use 1184 note. 
(c) WORK AUTHORIZATION DURING PENDING LABOR DISPUTES.—(1) 
In the case of an alien admitted as a nonimmigrant (other than 
under section 101(aX15XHXiiXa)) and who is authorized to be em-
ployed in an occupation, if nonimmigrants constitute a majority of 
the members of the bargaining unit in the occupation, during the 
period of any strike or lockout in the occupation with the employer 
which strike or lockout is pending on the date of the enactment of 
this Act the alien— 
(A) continues to be authorized to be employed in the occupa-
tion for that employer, and 
(B) is authorized to be employed in any occupation for any 
other employer so long as such strike or lockout continues with 
respect to that occupation and employer. 
(2) In the case of an alien admitted as a nonimmigrant (other than 
under section 101(aX15XHXiiXa)) and who is authorized to be em-
ployed in an occupation, if nonimmigrants do not constitute a 
majority of the members of the bargaining unit in the occupation, 
^ 
during the period of any strike or lockout in the occupation with the 
employer which strike or lockout is pending on the date of the 
enactment of this Act the alien— 
(A) is not authorized to be employed in the occupation for that 
employer, and 
(B) is authorized to be employed in any occupation for any 
other employer so long as there is no strike or lockout with 
respect to that occupation and employer. 
(3) With respect to a nonimmigrant described in paragraph (1) or 
(2) who does not perform unauthorized employment, any limit on 
the period of authorized stay shall be extended by the period of the 
strike or lockout, except that any such extension may not continue 
beyond the maximum authorized period of stay. 
Effective date. 
(4) The provisions of this subsection shall take effect on the date of 
the enactment of this Act. 
SEC. 208. NEW CLASSIFICATION FOR INTERNATIONAL CULTURAL EX-
CHANGE PROGRAMS (Q NONIMMIGRANTS). 
Section 101(aX15) (8 U.S.C. 1101(aX15)), as amended by section 
207(a), is further amended— 
(1) by striking "or" at the end of subparagraph (O), 
(2) by striking the period at the end of subparagraph (P) and 
inserting "; or", and 
(3) by adding at the end the following new subparagraph: 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5027 
"(Q) an alien having a residence in a foreign country which he 
has no intention of abandoning who is coming temporarily (for a 
period not to exceed 15 months) to the United States as a 
participant in an international cultural exchange program des-
ignated by the Attorney General for the purpose of providing 
practical training, employment, and the sharing of the history, 
culture, and traditions of the country of the alien's nationality 
and who will be employed under the same wages and working 
conditions as domestic workers.". 
SEC. 209. NEW CLASSIFICATION FOR ALIENS IN RELIGIOUS OCCUPA-
TIONS (R NONIMMIGRANTS). 
(a) IN GENERAL.—Section 101(a)(15) (8 U.S.C. 1101(a)(15)), as 
amended by sections 207(a) and 208, is further amended— 
(1) by striking "or" at the end of subparagraph (P), 
(2) by striking the period at the end of subparagraph (Q) and 
inserting "; or", and 
(3) by adding at the end the following new subparagraph: 
"(R) an alien, and the spouse and children of the alien if 
accompanying or following to join the alien, who— 
"(i) for the 2 years immediately preceding the time of 
application for admission, has been a member of a religious 
denomination having a bona fide nonprofit, religious 
organization in the United States; and 
"(ii) seeks to enter the United States for a period not to 
exceed 5 years to perform the work described in subclause 
(I), (II), or (III) of paragraph (27XC)(ii).". 
(b) REFERENCE TO REVISION OF SPECIAL IMMIGRANT PROVISIONS.— 
For provision providing special immigrant status for certain aliens 
in religious occupations, see section 151. 
Subtitle B—Temporary or Limited Provisions 
SEC. 221. OFF-CAMPUS 
WORK 
AUTHORIZATION FOR 
STUDENTS (F 
8 USC1184 note. 
NONIMMIGRANTS). 
(a) 3-YEAR PROVISION.—With respect to work authorization for 
aliens admitted as nonimmigrant students described in subpara-
graph (F) of section 101(aX15) of the Immigration and Nationality 
Act during the 3-year period beginning October 1, 1991, the Attor-
ney Greneral shall grant such an alien work authorization to be 
employed in a position unrelated to the alien's field of study and off-
campus if— 
(1) the alien has completed 1 year as such a nonimmigrant 
and is maintaining good academic standing at the educational 
institution, 
(2) the employer provides the educational institution and the 
Secretary of Labor with an attestation that the employer (A) 
has recruited for at least 60 days for the position and (B) will 
provide for payment to the alien and to other similarly situated 
workers at a rate equal to not less than the actual wage level for 
the occupation at the place of employment or, if greater, the 
prevailing wage level for the occupation in the area of employ-
ment, and 
(3) the alien will not be employed more than 20 hours each 
week during the academic term (but may be employed on a full-
104 STAT. 5028 
PUBLIC LAW 101-649—NOV. 29, 1990 
time basis during vacation periods and between academic 
terms). 
If the Secretary of Labor determines that an employer has provided 
an attestation under paragraph (2) that is materially false or has 
failed to pay wages in accordance with the attestation, after notice 
and opportunity for a hearing, the employer shall be disqualified 
from employing an alien student under this subsection. 
(b) REPORT TO CONGRESS.—Not later than April 1, 1994, the 
Commissioner of Immigration and Naturalization shall prepare and 
submit to the Congress on— 
(1) whether the program of work authorization under subsec-
tion (a) should be extended, and 
(2) the impact of such program on prevailing wages of 
workers. 
8 use 1101 note. 
SEC. 222. ADMISSION 
OF NONIMMIGRANTS 
FOR COOPERATIVE 
RE-
SEARCH, DEVELOPMENT, AND COPRODUCTION PROJECTS. 
(a) IN GENERAL.—Subject to the succeeding provisions of this 
section, the Attorney General shall provide for nonimmigrant status 
in the case of an alien who— 
(1) has a residence in a foreign country which the alien has no 
intention of abandoning, and 
(2) is coming to the United States, upon a basis of reciprocity, 
to perform services of an exceptional nature requiring such 
merit and ability relating to a cooperative research and develop-
ment project or a coproduction project provided under a govern-
ment-to-government agreement administered by the Secretary 
of Defense, but not to exceed a period of more than 10 years, 
or who is the spouse or minor child of such an alien if accompanying 
or following to join the alien. 
(b) NUMERICAL LIMITATION.—The number of aliens who may be 
admitted as (or otherwise be provided the status of) a nonimmigrant 
under this section at any time may not exceed 100. 
8 use 1101 note. 
SEC. 223. ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE VISITOR 
PROGRAM. 
(a) IN GENERAL.—Subject to subsection 0^), the Attorney General 
shall provide for nonimmigrant status in the case of an alien who— 
(1) has a residence in a foreign country which the alien has no 
intention of abandoning, and 
(2) is coming temporarily to the United States (for a period 
not to exceed 18 months) as a participant in a special education 
training program which provides for practical training and 
experience in the education of children with physical, mental, 
or emotional disabilities. 
(b) NUMERICAL LIMITATION.—The number of aliens who may be 
admitted as (or otherwise be provided the status of) a nonimmigrant 
under this section in any fiscal year may not exceed 50. 
Subtitle C—Effective Dates 
8 use 1101 note. 
SEC. 231. EFFECTIVE DATES. 
Except as otherwise provided in this title, this title, and the 
amendments made by this title, shall take effect on October 1, 1991, 
except that sections 222 and 223 shall take effect on the date of the 
enactment of this Act. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5029 
TITLE III—FAMILY UNITY AND 
TEMPORARY PROTECTED STATUS 
SEC. 301. FAMILY UNITY. 
8 USC 1255a 
(a) TEMPORARY STAY OF DEPORTATION AND WORK AUT«ORIZATION '^"^^ 
FOR CERTAIN ELIGIBLE IMMIGRANTS.—The Attorney General shall 
provide that in the case of an alien who is an eligible immigrant (as 
defined in subsection (bXl)) as of May 5, 1988, who has entered the 
United States before such date, who resided in the United States on 
such date, and who is not lawfully admitted for permanent resi-
dence, the alien— 
(1) may not be deported or otherwise required to depart from 
the United States on a ground specified in paragraph (1), (2), (5), 
(9), or (12) of section 241(a) of the Immigration and Nationality 
Act (other than so much of section 241(aXl) of such Act as 
relates to a ground of exclusion described in paragraph (9), (10), 
(23), (27), (28), (29), or (33) of section 212(a) of such Act), and 
(2) shall be granted authorization to engage in emplojmient in 
the United States and be provided an "employment authorized" 
endorsement or other appropriate work permit. 
(b) EUGIBLE IMMIGRANT AND LEGALIZED ALIEN DEFINED.—In this 
section: 
(1) The term "eligible immigrant" means a qualified im-
migrant who is the spouse or unmarried child of a legsilized 
alien. 
(2) The term "legalized alien" means an alien lawfully 
admitted for temporary or permanent residence who was pro-
vided— 
(A) temporary or permanent residence status under sec-
tion 210 of the Immigration and Nationality Act, 
(B) temporary or permanent residence status under sec-
tion 245A of the Immigration and Nationality Act, or 
(C) permanent residence status under section 202 of the 
Immigration Reform and Control Act of 1986. 
(c) APPLICATION OF DEFINITIONS.—Except as otherwise specifically 
provided in this section, the definitions contained in the Immigra-
tion and Nationality Act shall apply in the administration of this 
section. 
(d) TEMPORARY DISQUALIFICATION FROM CERTAIN PUBLIC WELFARE 
ASSISTANCE.—Aliens provided the benefits of this section by virtue 
of their relation to a legalized alien described in subsection (bX2XA) 
or (bX2)(B) shall be ineligible for public welfare assistance in the 
same manner and for the same period as the legalized alien is 
ineligible for such assistance under section 245A(h) or 210(f), respec-
tively, of the Immigration and Nationality Act. 
(e) EXCEPTION FOR CJERTAIN ALIENS.—An alien is not eligible for 
the benefits of this section if the Attorney General finds that— 
(1) the alien has been convicted of a felony or 3 or more 
misdemeanors in the United States, or 
(2) the alien is described in section 243(hX2) of the Immigra-
tion and Nationality Act. 
(f) CONSTRUCTION.—Nothing in this section shall be construed as 
authorizing an alien to apply for admission to, or to be admitted to, 
the United States in order to obtain benefits under this section. 
104 STAT. 5030 
PUBLIC LAW 101-649—NOV. 29, 1990 
(g) EFFEcrnvE DATE.—This section shall take effect on October 1, 
1991; except that the delay in effectiveness of this section shall not 
be construed as reflecting a Congressional belief that the existing 
family fEiirness program should be modified in any way before such 
date. 
SEC. 302. TEMPORARY PROTECTED STATUS. 
(a) IN GENERAL.—The Immigration and Nationality Act is 
amended by inserting after section 244 the following new section: 
"TEMPORARY PROTECTED STATUS 
8 use 1254a. 
"SEC. 244A. (a) GRANTING OF STATUS.— 
"(1) IN GENERAL.—In the case of an alien who is a national of 
a foreign state designated under subsection 0>) and who meets 
the requirements of subsection (c), the Attorney Grenersd, in 
accordance with this section— 
"(A) may grant the alien temporary protected status in 
the United States and shall not deport the alien from the 
United States during the period in which such status is in 
effect, and 
"(B) shall authorize the alien to engage in employment in 
the United States and provide the alien with an 'employ-
ment authorized' endorsement or other appropriate work 
permit. 
"(2) DURATION OF WORK AUTHORIZATION.—Work authorization 
provided under this section shall be effective throughout the 
period the alien is in temporary protected status under this 
section. 
"(3) NOTICE.— 
"(A) Upon the granting of temporary protected status 
under this section, the Attorney General shall provide the 
alien with information concerning such status under this 
section. 
"(B) If, at the time of initiation of a deportation proceed-
ing against an alien, the foreign state (of which the alien is 
a national) is designated under subsection (b), the Attorney 
Greneral shall promptly notify the alien of the temporary 
protected status that may be available under this section. 
"(C) If, at the time of designation of a foreign state under 
subsection (b), an alien (who is a national of such state) is in 
a deportation proceeding under this title, the Attorney 
General shall promptly notify the alien of the temporary 
protected status that may be available under this section. 
"(D) Notices under this paragraph shall be provided in a 
form and language that the alien can understand. 
"(4) TEMPORARY TREATMENT FOR EUGIBLE AUENS.— 
"(A) In the case of an alien who can establish a prima 
facie case of eligibility for benefits under paragraph (1), but 
for the fact that the period of registration under subsection 
(c)(lXAXiv) has not begun, until the alien has had a reason-
able opportunity to register during the first 30 days of such 
period, the Attorney General shall provide for the benefits 
of paragraph (1). 
(B) In the case of an alien who establishes a prima facie 
case of eligibility for benefits under paragraph (1), until a 
final determination with respect to the alien's eligibility for 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5031 
such benefits under paragraph (1) has been made, the alien 
shall be provided such benefits. 
"(5) CLARIFICATION.—Nothing in this section shall be con-
strued as authorizing the Attorney General to deny temporary 
protected status to an alien bsised on the alien's immigration 
status or to require any alien, as a condition of being grauited 
such status, either to relinquish nonimmigrant or other status 
the alien may have or to execute any waiver of other rights 
under this Act. The granting of temporary protected status 
under this section shall not be considered to be inconsistent 
with the granting of nonimmigrant status under this Act. 
'(b) DESIGNATIONS.— 
"(1) IN GENERAL.—The Attorney General, after consultation 
with appropriate agencies of the Government, may designate 
any foreign state (or any part of such foreign state) under this 
subsection only if^ 
"(A) the Attorney General finds that there is an ongoing 
armed conflict within the state and, due to such conflict, 
requiring the return of aliens who are nationals of that 
state to that state (or to the part of the state) would pose a 
serious threat to their personal safety; 
"(B) the Attorney General finds that— 
"(i) there has been an earthquake, flood, drought, 
epidemic, or other environmental disaster in the state 
resulting in a substantial, but temporary, disruption of 
living conditions in the area affected, 
"(ii) the foreign state is unable, temporarily, to 
handle adequately the return to the state of aliens who 
are nationals of the state, and 
"(iii) the foreign state officially has requested des-
ignation under this subparagraph; or 
"(C) the Attorney General finds that there exist extraor-
dinary and temporary conditions in the foreign state that 
prevent Eiliens who are nationals of the state from return-
ing to the state in safety, unless the Attorney General finds 
that permitting the aliens to remain temporarily in the 
United States is contrary to the national interest of the 
United States. 
A designation of a foreign state (or part of such foreign state) Federal 
under this paragraph shall not become effective unless notice of ^®h},>n«r 
the designation (including a statement of the findings under 
this paragraph and the effective date of the designation) is 
published in the Federal Register. In such notice, the Attorney 
General shall also state an estimate of the number of nationals 
of the foreign state designated who are (or within the effective 
period of the designation are likely to become) eligible for 
temporary protected status under this section and their 
immigration status in the United States. 
"(2) EFFECTIVE PERIOD OF DESIGNATION FOR FOREIGN STATES.— 
The designation of a foreign state (or part of such foreign state) 
under paragraph (1) shall— 
(A) take effect upon the date of publication of the des-
ignation under such paragraph, or such later date as the 
Attorney General may specify in the notice published under 
such paragraph, and 
"(B) shall remain in effect until the effective date of the 
termination of the designation under paragraph (3XB). 
publication. 
39-194 O - 91 - 21 : QL 3 Part 6 
104 STAT. 5032 
PUBLIC LAW 101-649—NOV. 29, 1990 
Federal 
R^^ter, 
publication. 
Federal 
Register, 
publication. 
For purposes of this section, the initial period of designation of a 
foreign state (or part thereof) under paragraph (1) is the period, 
specified by the Attorney General, of not less than 6 months and 
not more than 18 montli^. 
"(3) PERIODIC REVIEW, TERMINATIONS, AND EXTENSIONS OF DES-
IGNATIONS.— 
"(A) PERIODIC REVIEW.—At least 60 days before end of the 
initial period of designation, and any extended period of 
designation, of a foreign state (or part thereof) under this 
section the Attorney General, after consultation with 
appropriate agencies of the Government, shall review the 
conditions in the foreign state (or part of such foreign state) 
for which a desi^ation is in effect under this subsection 
and shall determine whether the conditions for such des-
ignation under this subsection continue to be met. The 
Attorney General shall provide on a timely basis for the 
publication of notice of each such determination (including 
the basis for the determination, and, in the case of an 
af^rmative determination, the period of extension of des-
ignation under subparagraph (C)) in the Federal Register. 
"(B) TERMINATION OF DESIGNATION.—If the Attorney Gen-
eral determines under subparagraph (A) that a foreign 
state (or part of such foreign state) no longer continues to 
meet the conditions for designation under paragraph (1), 
the Attorney Greneral shall terminate the designation by 
publishing notice in the Federal Register of the determina-
tion under this subparagraph (including the basis for the 
determination). Such termination is effective in accordance 
with subsection (d)(3), but shall not be effective earlier than 
60 days after the date the notice is published or, if later, the 
expiration of the most recent previous extension under 
subparagraph (C). 
"(C) EXTENSION OF DESIGNATION.—If the Attorney Gen-
eral does not determine under subpar£igraph (A) that a 
foreign state (or part of such foreign state) no longer meets 
the conditions for designation under paragraph (1), the 
period of designation of the foreign state is extended for an 
additional period of 6 months (or, in the discretion of the 
Attorney General, a period of 12 or 18 months). 
"(4) INFORMATION CONCERNING PROTECTED STATUS AT TIME OF 
DESIGNATIONS.—At the time of a designation of a foreign state 
under this subsection, the Attorney General shall make avail-
able information respecting the temporary protected status 
made available to aliens who are nationals of such designated 
foreign state. 
"(5) REVIEW.— 
"(A) DESIGNATIONS.—There is no judicial review of any 
determination of the Attorney General with respect to the 
designation, or termination or extension of a designation, of 
a foreign state under this subsection. 
"(B) APPLICATION TO INDIVIDUALS.—The Attorney General 
shall establish an administrative procedure for the review 
of the denial of benefits to aliens under this subsection. 
Such procedure shall not prevent an alien from asserting 
protection under this section in deportation proceedings if 
the alien demonstrates that the alien is a national of a state 
designated under paragraph (1). 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5033 
"(c) AuENS ELIGIBLE FOR TEMPORARY PROTECTED STATUS.— 
"(1) IN GENERAL.— 
"(A) NATIONALS OF DESIGNATED FOREIGN STATES.—Subject 
to paragraph (8), an alien, who is a national of a state 
designated under subsection (b)(1), meets the requirements 
of this paragraph only if— 
"(i) the alien has been continuously physically 
present in the United States since the effective date of 
the most recent designation of that state; 
"(ii) the alien has continuously resided in the United 
States since such date as the Attorney General may 
designate; 
"(iii) the alien is admissible £is an immigrant, except 
as otherwise provided under paragraph (2XA), and is 
not ineligible for temporary protected status under 
' 
paragraph (2XB); and 
"(iv) to the extent £md in a manner which the Attor-
ney General establishes, the alien registers for the 
temporary protected status under this section during a 
registration period of not less than 180 days. 
"(B) REGISTRATION FEE.—The Attorney General may re-
quire payment of a reasonable fee as a condition of register-
ing an alien 
under 
subparagraph 
(AXiv) (including 
providing an silien with an emplo3mient authorized' 
endorsement or other appropriate work permit under this 
section). The amount of any such fee sh^l not exceed $50. 
"(2) ELIGIBILITY STANDARDS.— 
"(A) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.— 
In the determination of an alien's admissibility for purposes 
of subparagraph (AXiii) of paragraph (1)— 
"(i) the provisions of paragraphs (14), (15), (20), (21), 
(25), and (32) of section 212(a) shall not apply; 
"(ii) except as provided in clause (iii), the Attorney 
General may waive any other provision of section 
^ 212(a) in the case of individual aliens for humanitarian 
purposes, to assure family unity, or when it is other-
wise in the public interest; but 
"(iii) the Attorney General may not waive— 
"(I) paragraphs (9) and (10) (relating to criminals) 
of such section, 
"(II) paragraph (23) of such section (relating to 
drug offenses), except for so much of such para-
graph as relates to a single offense of simple 
possession of 30 grams or less of marijuana, 
"(III) paragraphs (27) and (29) of such section 
(relating to national security), or 
"(IV) paragraph (33) of such section (relating to 
those who assisted in the Nazi persecution). 
"(B) ALIENS INEUGIBLE.—An alien shall not be eligible for 
temporary protected status under this section if the Attor-
ney General finds that— 
"(i) the alien has been convicted of any felomr or 2 or 
more misdemeanors committed in the United States, or 
"(ii) the alien is described in section 243(hX2). 
"(3) WITHDRAWAL OP TEMPORARY PROTECTED STATUS.—The 
Attorney General shall withdraw temporary protected status 
granted to an alien under this section if— 
104 STAT. 5034 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(A) the Attorney General finds that the alien was not in 
fact eligible for such status under this section, 
"(B) except as provided in paragraph (4) and permitted in 
subsection (fK3), the alien has not remained continuously 
phjrsically present in the United States from the date the 
£ilien first was granted temporary protected status under 
this section, or 
"(C) the alien fails, without good cause, to roister with 
the Attorney General annually, at the end of each 12-
month period after the granting of such status, in a form 
and manner specified by the Attorney General. 
"(4) TREATMENT OF BRIEF, CASUAL, AND INNOCENT DEPARTURES 
AND CERTAIN OTHER ABSENCES.— 
"(A) For purposes of paragraphs dXAXi) and (3)(B), an 
alien shall not be considered to have failed to maintain 
continuous physical presence in the United States by virtue 
of brief, casual, and innocent absences from the United 
States, without regard to whether such absences were au-
thorized by the Attorney General. 
"(B) For purposes of paragraph (IXAXii), an alien shall 
not be considered to have railed to maintain continuous 
residence in the United States by reason of a brief, casual, 
and innocent absence described in subparagraph (A) or due 
merely to a brief temporary trip abroad required by emer-
gency or extenuating circumstances outside the control of 
the alien. 
"(5) CONSTRUCTION.—Nothing in this section shall be con-
strued as authorizing an alien to apply for admission to, or to be 
admitted to, the United Stetes in order to apply for temporary 
protected status under this section. 
"(6) CONFIDENTIALITY OF INFORMATION.—The Attorney Gen-
eral shall establish procedures to protect the confidentiality of 
information provided by aliens under this section. 
"(d) DOCUMENTATION.— 
"(1) INITIAL ISSUANCE.—Upon the granting of temporary pro-
tected status to an alien under this section, the Attorney 
Greneral shall provide for the issuance of such temporary docu-
mentation and authorization as may be necessary to carry out 
the purposes of this section. 
"(2) PERIOD OF VALIDITY.—Subject to paragraph (3), such docu-
mentation shall be valid during the initial period of designation 
of the foreign state (or part thereof) involved and any extension 
of such period. The Attorney (Jeneral may stagger the periods of 
validity of the documentation and authorization in order to 
provide for an orderly renewal of such documentetion and 
authorization and for an orderly transition (under paragraph 
(3)) upon the termination of a designation of a foreign stete (or 
anv part of such foreign stete). 
(3) EFFECTIVE DATE OF TERMINATIONS.—If the Attorney Gen-
eral terminates the designation of a foreign stete (or part of 
such foreign stete) under subsection (bX3)(B), such termination 
shall only apply to documentetion and authorization issued or 
renewed after the effective date of the publication of notice of 
the determination under that subsection (or, at the Attorney 
General's option, after such period after the effective date of the 
determination as the Attorney General determines to be appro-
priate in order to provide for an orderly transition). 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5035 
"(4) DETENTION OF THE AUEN.—An alien provided temporary 
protected status under this section shall not be detained by the 
Attorney General on the basis of the alien's immigration status 
in the United States. 
"(e) RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS TO 
SUSPENSION OF DEPORTATION.—With respect to an alien granted 
temporary protected status under this section, the period of such 
status shall not be counted as a period of physical presence in the 
United States for purposes of section 244(a), unless the Attorney 
General determines that extreme hardship exists. Such period shall 
not cause a break in the continuity of residence of the period before 
and after such period for purposes of such section. 
"(f) BENEFITS AND STATUS DURING PERIOD OF TEMPORARY PRO-
TECTED STATUS.—During a period in which an alien is granted 
temporary protected status under this section— 
"(1) the alien shall not be considered to be permanently 
residing in the United States under color of law; 
"(2) the alien may be deemed ineligible for public assistance 
by a State (as defined in section 101(a)(36)) or any political 
subdivision thereof which furnishes such eissistance; 
"(3) the alien may travel abroad with the prior consent of the 
Attorney General; and 
"(4) for purposes of adjustment of status under section 245 
and change of status under section 248, the alien shall be 
considered as being in, and maintaining, lawful status as a 
nonimmigrant. 
"(g) EXCLUSIVE REMEDY.—Except as otherwise specifically pro-
vided, this section shall constitute the exclusive authority of the 
Attorney General under law to permit aliens who are or may 
become otherwise deportable or have been paroled into the United 
States to remain in the United States temporarily because of their 
particular nationality or region of foreign state of nationality. 
"(h) LIMITATION ON CONSIDERATION IN THE SENATE OF LEGISLATION 
ADJUSTING STATUS.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), it 
shall not be in order in the Senate to consider any bill, resolu-
tion, or amendment that— 
"(A) provides for adjustment to lawful temporary or 
permanent resident alien status for any alien receiving 
temporary protected status under this section, or 
"(B) has the effect of amending this subsection or limiting 
the application of this subsection. 
"(2) SUPERMAJORITY REQUIRED.—Paragraph (1) may be waived 
or suspended in the Senate only by the affirmative vote of three-
fifths of the Members duly chosen and sworn. An affirmative 
vote of three-fifths of the Members of the Senate duly chosen 
and sworn shall be required in the Senate to sustain an appeal 
of the ruling of the Chair on a point of order raised under 
paragraph (1). 
"(3) RULES.—Paragraphs (1) and (2) are enacted— 
"(A) as an exercise of the rulemaking power of the Senate 
and as such they are deemed a part of the rules of the 
Senate, but applicable only with respect to the matters 
described in paragraph (1) and supersede other rules of the 
Senate only to the extent that such paragraphs are 
inconsistent therewith; and 
104 STAT. 5036 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(B) with full recognition of the constitutional right of the 
Senate to change such rules at any time, in the same 
manner as in the case of any other rule of the Senate, 
"(i) ANNUAL REPORT AND REVIEW.— 
"(1) ANNUAL REPORT.—Not later than March 1 of each year 
G)eginning with 1992), the Attorney Greneral, after consultation 
with the appropriate agencies of the Grovemment, shall submit 
a report to the Committees on the Judiciary of the House of 
Representatives and of the Senate on the operation of this 
section during the previous year. Each report shall include— 
"(A) a listing of the foreign states or parts thereof des-
ignated under this section, 
"(B) the number of nationals of each such state who have 
been granted temporary protected status under this section 
and their immigration status before being granted such 
status, and 
"(C) an explanation of the reasons why foreign states or 
parts thereof were designated under subsection (bXD and, 
with respect to foreign states or parts thereof previously 
designated, why the designation was terminated or ex-
tended under subsection (bX3). 
"(2) COMMITTEE REPORT.—No later than 180 days after the 
date of receipt of such a report, the Committee on the Judiciary 
of each House of Congress shall report to its respective House 
such oversight findings and legislation as it deems appro-
priate.", 
(b) CLERICAL AMENDMENT.—The table of contents of such Act is 
amended by inserting after the item relating to section 244 the 
following new item: 
"Sec. 244A. Temporary protected status.". 
P®°P^®'? 
(c) No AFFECT ON EXECUTIVE ORDER 12711.—Notwithstanding 
Chfna '
^ 
subsection (g) of section 244A of the Immigration and Nationality 
8 use 1254a 
Act (inserted by the amendment made by subsection (a)), such 
note. 
section shall not supercede or affect Executive Order 12711 (April 
11, 1990, relating to policy implementation with respect to nationals 
of the People's Republic of China). 
8 u s e 1254a 
SEC. 303. SPECIAL TEMPORARY PROTECTED STATUS FOR SALVADORANS. 
(a) DESIGNATION.— 
(1) IN GENERAL.—El Salvador is hereby designated under 
section 244A(b) of the Immigration and Nationality Act, subject 
to the provisions of this section. 
(2) PERIOD OF DESIGNATION.—Such designation shall take 
effect on the date of the enactment of this section and shedl 
remain in effect until the end of the 18-month period beginning 
January 1,1991. 
(b) ALIENS ELIGIBLE.— 
(1) IN GENERAL.—In applying section 244A of the Immigration 
and Nationality Act pursuant to the designation under this 
section, subject to section 244A(cX3) of such Act, an alien who is 
a national of El Salvador meets the requirements of section 
244A(cXl) of such Act only if— 
(A) the alien has been continuously phjrsically present in 
the United States since September 19,1990; 
(B) the alien is admissible as an immigrant, except as 
otherwise provided under section 244A(cX2XA) of such Act, 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5037 
and is not ineligible for temporary protected status under 
section 244A(cX2XB) of such Act; and 
(C) in a manner which the Attorney Greneral shall estab-
lish, the alien registers for temporary protected status 
under this section during the registration period beginning 
January 1,1991, and ending June 30,1991. 
(2) REGISTRATION FEE.—The Attorney General shall require 
pa3mient of a reasonable fee as a condition of registering an 
alien under paragraph (IXC) (including providing an alien with 
an "employment authorized" endorsement or other appropriate 
work permit under this section). The Eimount of the fee shall be 
sufficient to cover the costs of administration of this section. 
Notwithstanding section 3302 of title 31, United States Code, all 
such registration fees collected shall be credited to the appro-
priation to be used in canying out this section. 
(c) APPLICATION OF CERTAIN PROVISIONS.— 
(1) IN GENERAL.—Except as provided in this subsection, the 
provisions of section 244A of the Immigration and Nationality 
Act (including subsection (h) thereof) shall apply to El Salvador 
(and aliens provided temporary protected status) under this 
section in the same manner as they apply to a foreign state 
designated (and aliens provided temporary protected status) 
under such section. 
(2) PROVISIONS NOT APPUCABLE.—Subsections (bXD, (bX2), 
(bX3), (cXD, (cX4), (dX3), and (i) of such section 244A shall not 
apply under this section. 
(3) 6-MONTH PERIOD OF REGISTRATION AND WORK AUTHORIZA-
TION.—Notwithstanding section 244A(a)(2) of the Immigration 
and Nationality Act, the work authorization provided under 
this section shall be effective for periods of 6 months. In apply-
ing section 244A(cX3XC) of such Act under this section, 
"semiannually, at the end of each 6-month period" shall be 
substituted for "annually, at the end of each 12-month period" 
and, notwithstanding section 244A(dX2) of such Act, the period 
of validity of documentation under this section shall be 6 
months. 
(4) REENTRY PERMITTED AFTER DEPARTURE FOR EMERGENCY CIR-
CUMSTANCES.—In applying section 244A(fX3) of the Immigration 
and NationEility Act under this section, the Attorney General 
shall provide for advance parole in the case of an alien provided 
special temporary protected status under this section if the 
alien establishes to the satisfaction of the Attorney General 
that emergency and extenuating circumstances beyond the con-
trol of the alien requires the alien to depart for a brief, tem-
porary trip abroad. 
(d) ENFORCEMENT OF REQUIREMENT TO DEPART AT TIME OF TERMI-
NATION OF DESIGNATION.— 
(1) SHOW CAUSE ORDER AT TIME OF FINAL REGISTRATION.—At 
the registration occurring under this section closest to the date 
of termination of the designation of El Salvador under subsec-
tion (a), the Immigration and Naturalization Service shall serve 
on the alien granted temporary protected status an order to 
show cause that establishes a date for deportation proceedings 
which is after the date of such termination of designation. If El 
Salvador is subsequently designated under section 244A0t)) of 
the Immigration and Nationality Act, the Service shall cancel 
such orders. 
104 STAT. 5038 
PUBLIC LAW 101-649—NOV. 29, 1990 
(2) SANCTION FOR FAILURE TO APPEAR,—If an alien is provided 
an order to show cause under paragraph (1) and fails to appear 
at such proceedings, except for exceptional circumstances, the 
alien may be deported in absentia under section 242B of the 
Immigration and Nationality Act (inserted by section 545(a) of 
this Act) and certain discretionary forms of relief are no longer 
available to the alien pursuant to such section. 
TITLE IV—NATURALIZATION 
SEC. 401. ADMINISTRATIVE NATURALIZATION. 
(a) NATURALIZATION AUTHORITY.—Section 310 (8 U.S.C. 1421) is 
amended to read as follows: 
"NATURALIZATION AUTHORITY 
"SEC. 310. (a) AUTHORITY IN ATTORNEY GENERAL.—The sole 
authority to naturalize persons as citizens of the United States is 
conferred upon the Attorney General. 
"(b) ADMINISTRATION OF OATHS.—An applicant for naturalization 
may choose to have the oath of allegiance under section 337(a) 
administered by the Attorney General or by any District Court of 
the United States for any State or by any court of record in amy 
State having a seal, a clerk, and jurisdiction in actions in law or 
equity, or law and equity, in which the amount in controversy is 
unlimited. The jurisdiction of all courts in this subsection specified 
to administer the oath of allegiance shall extend only to persons 
resident within the respective jurisdiction of such courts. 
"(c) JUDICIAL REVIEW.—A person whose application for naturaliza-
tion under this title is denied, after a hearing before an immigration 
officer under section 336(a), may seek review of such denial before 
the United States district court for the district in which such person 
resides in accordance with chapter 7 of title 5, United States (IJode. 
Such review shall be de novo, and the court shall make its own 
findings of fact and conclusions of law and shall, at the request of 
the petitioner, conduct a hearing de novo on the application. 
"(d) SOLE PROCEDURE.—A person may only be naturalized as a 
citizen of the United States in the manner and under the conditions 
prescribed in this title and not otherwise.". 
(b) FILING OF APPLICATIONS.—Section 334(a) (8 U.S.C. 1445(a)) is 
amended by adding at the end the following new sentence: "In the 
case of an applicant subject to a requirement of continuous resi-
dence under section 316(a) or 319(a), the application for naturaliza-
tion may be filed up to 3 months before the date the applicant would 
first otherwise meet such continuous residence requirement.". 
(c) NOTIFICATION.—Section 335(b) (8 U.S.C. 1446(b)) is amended by 
adding at the end the following new sentence: "Any such employee 
shall, at the examination, inform the petitioner of the remedies 
available to the petitioner under section 336.". 
SEC. 402. SUBSTITUTING 3 MONTHS RESIDENCE IN INS DISTRICT OR 
STATE FOR 6 MONTHS RESIDENCE IN A STATE. 
Section 316(aXl) (8 U.S.C. 1427(aXl)) is amended by striking "and 
who has resided within the State in which the petitioner filed the 
petition for at least six months" and inserting "and who has resided 
within the State or within the district of the Service in the United 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5039 
States in which the applicant filed the application for at least three 
months". 
SEC. 403. WAIVER OF ENGLISH LANGUAGE REQUIREMENT FOR NATU-
RALIZATION. 
Section 312(1) (8 U.S.C. 1423(1)) is amended by striking "is over 
fifty years of age and has been living in the United States for 
periods totaling at least twenty years subsequent to a lawful admis-
sion for permanent residence" and inserting "either (A) is over 50 
years of age and has been living in the United States for periods 
totaling at least 20 years subsequent to a lawful admission for 
permanent residence, or (B) is over 55 years of age and has been 
living in the United States for periods totalling at least 15 years 
subsequent to a lawful admission for permanent residence". 
SEC. 
4
0
4
. 
TREATMENT 
OF 
SERVICE 
IN 
ARMED FORCES 
OF 
A 
FOREIGN 
COUNTRY. 
Section 315 (8 U.S.C. 1425) is amended— 
8 use 1426. 
(1) in subsection (a), by inserting "but subject to subsection 
(c)" after "section 405(b)", and 
(2) by adding at the end the following new subsection: 
"(c) An alien shall not be ineligible for citizenship under this 
section or otherwise because of an exemption from training or 
service in the Armed Forces of the United States pursuant to the 
exercise of rights under a treaty, if before the time of the exercise of 
such rights the alien served in the Armed Forces of a foreign 
country of which the alien was a national.". 
SEC. 405. NATURALIZATION OF NATIVES OF THE PHILIPPINES THROUGH 8 USC 1440 note. 
CERTAIN ACTIVE-DUTY SERVICE DURING WORLD WAR II. 
(a) WAIVER OF CERTAIN REQUIREMENTS.—(1) Clauses (1) and (2) of 
section 329(a) of the Immigration and Nationality Act (8 U.S.C. 
1440(a)) shall not apply to the naturalization of any person— 
(A) who was born in the Philippines and who was residing in 
the Philippines before the service described in subpareigraph 
(B); 
(B) who served honorably— 
(i) in an active-duty status under the command of the 
United States Armed Forces in the Far East, or 
(ii) within the Philippine Army, the Philippine Scouts, or 
recognized guerrilla units, 
at any time during the period beginning September 1, 1939, and 
ending December 31,1946; 
(C) who is otherwise eligible for naturalization under section 
329 of such Act; and 
(D) who applies for naturalization during the 2-year period 
beginning on the date of the enactment of this Act. 
(2) Subject to subsection (c), in appl3dng section 329 of the 
Immigration and Nationality Act, service described in paragraph 
(IXB) is considered to be honorable service in an active-duty status 
in the military, air, or naval forces of the United States. 
(b) WAIVER OF RESIDENCY REQUIREMENT.—Section 340(d) of the 
Immigration and Nationality Act (8 U.S.C. 1451(d)) shall not apply 
to a person who is naturalized pursuant to subsection (a). 
(c) STATUTORY CONSTRUCTION.—The enactment of this section 
shall not be construed as affecting the rights, privileges, or benefits 
of a person described in subsection (aXl) under any provision of law 
104 STAT. 5040 
PUBLIC LAW 101-649—NOV. 29, 1990 
(other than the Immigration and Nationality Act) by reason of the 
service of such person or the service of any other person under the 
command of the United States Armed Forces. 
SEC. 406. PUBLIC EDUCATION REGARDING NATURALIZATION BENEFITS. 
Section 332 (8 U.S.C. 1443) is amended by adding at the end the 
following new subsection: 
"(h) In order to promote the opportunities and responsibilities of 
United States citizenship, the Attorney Creneral shall broadly 
distribute information concerning the benefits which persons may 
receive under this title and the requirements to obtain such bene-
fits. In canying out this subsection, the Attorney General shall seek 
the assistance of appropriate community groups, private voluntary 
^PP™P"^*^°" 
agencies, and other relevant organizations. There are authorized to 
au oma ion. 
^ appropriated (for each fiscal year beginning with fiscal year 1991) 
such sums as may be, necessary to carry out this subsection.". 
SEC. 407. CONFORMING AMENDMENTS. 
(a) CONFORMING AMENDMENTS TO SECTION 310 REVISION.—(1) The 
item in the table of contents relating to section 310 is amended to 
read as follows: 
"Sec. 310. Naturalization authority.". 
(2) Section 101(aX36) (8 U.S.C. 1101(aX36)) is amended by striking 
"(except as used in section 310(a) of title III)". 
(b) (CONFORMING AMENDMENTS TO (IIHANGE IN RESIDENCE REQUIRE-
MENT.—(D Section 319 (8 U.S.C. 1430) is amended— 
(A) in subsection (a), by striking "has resided within the State 
in which he filed his petition for at least six months" and 
inserting "has resided within the State or the district of the 
Service in the United Stetes in which the applicant filed his 
application for at least three months", 
(B) in subsections (b) and (d), by striking "within the jurisdic-
tion of the naturalization court" and inserting "within a Stete 
or a district of the Service in the United Stetes , and 
(C) in subsection (c), is amended by striking "within the 
jurisdiction of the court" and inserting "district of the Service 
in the United Stetes". 
(2) Section 322(c) (8 U.S.C. 1433(c)) is amended by striking "within 
the jurisdiction of the naturalization court" and inserting within a 
Stete or a district of the Service in the United Stetes". 
(3) Section 324(aXl) (8 U.S.C. 1435(aXl)) is amended by inserting 
"or district of the Service in the United Stetes" after "Stete . 
(4) Section 328 (8 U.S.C. 1439) is amended— 
(A) in subsection (a)— 
(i) by inserting "or district of the Service in the United 
Stetes'^' after "Stete", and 
(ii) by striking "for at least six months" and inserting 
"for at least three months"; 
(B) in subsection (bXl), by striking "within the jurisdiction of 
the court" and inserting "within a Stete or district of the 
Service in the United Stetes"; and 
(C) in subsection (c), by inserting "or district of the Service in 
the United Stetes" after "Stete". 
(5) Section 329(b) (8 U.S.C. 1440(b)) is amended— 
(A) in paragraph (2)— 
(i) by inserting "or district of the Service in the United 
Stetes'^' after "Stete", and 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5041 
(ii) by inserting "and" at the end of paragraph (2); 
(B) by striking paragraph (3); and 
(C) by redesignating paragraph (4) as paragraph (3). 
(c) SUBSTITUTION OF APPLICATION FOR NATURALIZATION FOR PETI-
TION FOR NATURALIZATION.—The text of the following provisions is 
amended by striking "a petition", "petition", "petitions", "a peti-
tioner", "petitioner", "petitioner's", "petitioning", and "petitioned" 
each place it appears and inserting "an application", "application", 
"applications" or "applies" (as the case may be), "an applicant", 
"applicant", "applicant's", "appl3dng", and "applied", respectively: 
(1) Section 313(c) (8 U.S.C. 1424(c)). 
(2) Section 316 (8 U.S.C. 1427). 
(3) Section 317 (8 U.S.C. 1428). 
(4) Section 318 (8 U.S.C. 1429). 
(5) Sections 319 (a) and (c) (8 U.S.C. 1430 (a), (c)). 
(6) Section 322 (8 U.S.C. 1433). 
• 
(7) Section 324 (8 U.S.C. 324). 
8USC1435. 
(8) Section 325 (8 US.C. 1436). 
(9) Section 326 (8 U.S.C. 1437). 
(10) Section 328 (8 U.S.C. 1439). 
(11) Section 329 (8 U.S.C. 1440), other than subsection (d). 
(12) Section 330 (8 U.S.C. 1441). 
(13) Section 331 (8 U.S.C. 1442), other than subsection (d). 
(14) Section 333(a) (8 U.S.C. 1444(a)). 
(15) Section 334 (8 U.S.C. 1445). 
(16) Section 335 (8 U.S.C. 1446). 
(17) Section 336 (8 U.S.C. 1447). 
(18) Section 337 (8 U.S.C. 1448). 
(19) Section 338 (8 U.S.C. 1449). 
(20) Section 344 (8 U.S.C. 1455). 
(21) Section 1429 of title 18, United States Code. 
(d) SUBSTITUTING APPROPRIATE ADMINISTRATIVE AUTHORITY FOR 
NATURAUZATION 
COURT.—(1) Section 316 (8 U.S.C. 1427) is 
amended— 
(A) in subsection (b), by striking "the court" each place it 
appears and inserting "the Attorney CJeneral", 
(B) in subsection (b), by striking "date of final hearing" and 
inserting "date of any hearing under section 336(a)", 
(C) in subsection (e), by striking "the court" and inserting 
"the Attorney Greneral", 
(D) in subsection (g)(1), by striking "within the jurisdiction of 
the court" and inserting "within a particular State or district of 
the Service in the United States", and 
(E) in subsection (gX2), by aimending the first sentence to read 
as follows: "An applicant for naturalization under this subsec-
tion may be administered the oath of allegiance under section 
337(a) by any district court of the United States, without regard 
to the residence of the applicant.". 
(2) The second sentence of section 317 (8 U.S.C. 1428) is amended 
by striking "and the naturalization court". 
(3) The third sentence of section 318 (8 U.S.C. 1429) is amended— 
(A) by striking "finally heard by a naturalization court" and 
inserting "considered by the Attorney General", and 
(B) by striking "upon the naturalization court" and inserting 
"upon the Attorney General" . 
(4) Section 319 (8 U.S.C. 1430) is amended— 
104 STAT. 5042 
PUBLIC LAW 101-649—NOV. 29, 1990 
(A) in subsection (bX3), by striking "before the naturalization 
court" and inserting "before the Attorney General", and 
(B) in subsection (cX5), by striking "naturalization court" and 
inserting "Attorney General". 
(5) Section 322(cX2XC) (8 U.S.C. 1433(cX2XC)) is amended by strik-
ing "naturalization court" the first place it appears and insertii^ 
"Attomev Greneral" 
(6) Section 324 (8 U.S.C. 1435) is amended— 
(A) in subsection (a)— 
(i) by inserting "and" at the end of paragraph (1), 
(ii) by striking the semicolon at the end of paragraph (2) 
and inserting a period, and 
(iii) by striking paragraphs (3) and (4); 
(B) in subsection G>), by striking "naturalization court" and 
inserting "Attorney General"; and 
(C) in subsection (c)— 
(i) in paragraph (2), by striking "the judge or clerk of a 
naturalization court" and inserting "the Attorney General 
or the judge or clerk of a court described in section 310(b)", 
and 
(ii) in paragraph (3), by striking "or naturalization court" 
each place it appears and inserting "court, or the Attorney 
Greneral". 
(7) Section 327(a) (8 U.S.C. 1438(a)) is amended— 
(A) by striking "any naturalization court specified in section 
310(a) of this title" and inserting "the Attorney General or 
before a court described in section 310(b)"; and 
(B) by inserting "and by the Attorney General to the Sec-
retary of State" after "Department of Justice". 
(8) Section 328(c) (8 U.S.C. 1439(c)) is amended by striking "the 
final hearing" and inserting "any hearing". 
(9) Section 331(b) (8 U.S.C. 1442(b)) is amended by striking "called 
for a hearing" and all that follows through "to be continued" and 
inserting "considered or heard except after 90 days' notice to the 
Attorney Greneral to be considered at the examination or hearing, 
and the Attorney General's objection to such consideration shall 
cause the application to be continued". 
(10) Section 332(a) (8 U.S.C. 1443(a)) is amended— 
(A) by striking "for the purpose" and all that follows through 
"naturalization courts" in the first sentence, and 
(B) by striking the second sentence. 
(11) Section 333(a) (8 U.S.C. 1444(a)) is amended by striking "clerk 
of the court" and inserting "Attorney General". 
(12) Section 334 (8 U.S.C. 1445) is amended— 
(A) by amending the heading to read as follows: 
"APPUCATION FOR NATURALIZATION; DECLARATION OF INTENTION"; 
(B) in subsection (a)— 
(i) by striking "in the office of the clerk of a naturaliza-
tion court" and inserting "with the Attorney General", 
(ii) by striking "upon the hearing of such petition" and 
inserting "under this title"; 
(C) in subsection (b)— 
(i) by striking "(1)", 
(ii) by striking "and (2)" and all that follows through 
"Attorney General", and 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5043 
(iii) by striking "petition for"; 
(D) by striking the first sentence of subsection (f) and insert-
ing the following: "An alien over 18 years of age who is residing 
in the United States pursuant to a lawful admission for perma-
nent residence may file with the Attorney Greneral a declaration 
of intention to become a citizen of the United States. Such a 
declaration shall be filed in duplicate and in a form prescribed 
by the Attorney Greneral and shall be accompanied by an ap-
plication prescribed and approved by the Attorney General. ; 
(E) by redesignating subsection (f) as subsection (g); and 
(F) by striking subsections (c) through (e) and inserting the 
following: 
"(c) Hearings under section 336(a) on applications for naturaliza-
tion shall be held at regular intervals specified by the Attorney 
Greneral. 
"(d) Except as provided in subsection (e), an application for natu-
ralization shall be filed in the office of the Attorney Greneral. 
"(e) A person may file an application for naturalization other than 
in the office of the Attorney General, and an oath of allegiance 
administered other than in a public ceremony before the Attorney 
General or a court, if the Attorney Greneral determines that the 
person has an illness or other disability which— 
"(1) is of a permanent nature and is sufficiently serious to 
prevent the person's personal appearance, or 
"(2) is of a nature which so incapacitates the person as to 
prevent him from personally appearing.". 
(13) Section 335 (8 U.S.C. 1146) is amended— 
8 use 1446. 
(A) by amending the heading to read as follows: 
"INVESTIGATION OF APPLICANTS; EXAMINATION OF APPUCATIONS"; 
(B) in subsection (a), by striking "At any time" and all that 
follows through "336(a)" and inserting "Before a person may be 
naturalized"; 
(C) in subsection (b)— 
(i) by striking "preliminary" each place it appears, 
(ii) in the first sentence, by striking "to any natureiliza-
tion court" and all that follows through "to such court", 
(iii) by striking "any court exercising naturalization juris-
diction as specified in section 310 of this title" in the second 
sentence and inserting "any District C!ourt of the United 
States", and 
(iv) by striking "final hearing conducted by a naturaliza-
tion court designated in section 310 of this title" in the 
third sentence and inserting "hearing conducted by an 
immigration officer under section 336(a) ; 
(D) in subsection (c)— 
(i) by striking "preliminary" each place it appears, and 
(ii) by striking "recommendation" and inserting "deter-
mination"; and 
(E) by amending subsections (d) through (f) to read as follows: 
"(d) The employee designated to conduct any such examination 
shall make a determination as to whether the application should be 
granted or denied, with reasons therefor. 
"(e) After an application for naturalization has been filed with the 
Attorney General, the applicant shall not be permitted to withdraw 
his application, except with the consent of the Attorney General. In 
104 STAT. 5044 
PUBLIC LAW 101-649—NOV. 29, 1990 
cases where the Attorney Greneral does not consent to the with-
drawal of the appUcation, the application shall be determined on its 
merits and a final order determination made accordingly. In cases 
where the applicant fails to prosecute his application, the applica-
tion shall be decided on the merits unless the Attorney General 
dismisses it for lack of prosecution. 
"(f) An applicant for naturalization who moves from the district of 
the Service in the United States in which the application is pending 
may, at any time thereafter, request the Service to transfer the 
application to any district of the Service in the United States which 
may act on the application. The transfer shall not be made without 
the consent of the Attorney Greneral. In the case of such a transfer, 
the proceedings on the application shall continue as though the 
application had originally been filed in the district of the Service to 
which the application is transferred.". 
(14) Section 336 (8 U.S.C. 1447) is amended— 
(A) by amending the heading to read as follows: 
"HEARINGS ON DENIALS OF APPUCATIONS FOR NATURALIZATION"; 
(B) by amending subsections (a) and (b) to read as follows: 
"(a) If, after an examination under section 335, an application for 
naturalization is denied, the applicant may request a hearing before 
an immigration officer. 
"(b) If there is a failure to make a determination under section 335 
before the end of the 120-day period after the date on which the 
examination is conducted under such section, the applicant may 
apply to the United States district court for the district in which the 
Courts. 
applicant resides for a hearing on the matter. Such court has 
jurisdiction over the matter and may either determine the matter or 
remand the matter, with appropriate instructions, to the Service to 
determine the matter."; 
(C) in subsection (c), by striking "court" and inserting 
"immigration officer"; 
(D) in subsection (d)— 
(i) by striking "clerk of the court" and all that follows 
through "naturalization" and inserting "immigration offi-
cer shall, if the applicant requests it at the time of filing the 
request for the hearing", 
(ii) by striking "final" each place it appears, and 
(iil) by adding at the end the following: "Such subpenas 
may be enforced in the same manner as subpenas under 
section 335(b) may be enforced."; and 
(E) in subsection (e)— 
(i) by striking "naturalization of any person," and insert-
ing "administration by a court of the oath of allegiance 
under section 337(a)", £uid 
(ii) by striking "included in the petition for naturalization 
of such persons" and inserting "included in an appropriate 
petition to the court". 
(15) Section 337 (8 U.S.C. 1448) is amended— 
(A) in subsection (a)— 
(i) in the first sentence, by striking "in open court" and 
inserting "in a public ceremony before the Attorney Gen-
eral or a court with jurisdiction under section 310(b)", 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5045 
(ii) in the second and fourth sentences, by striking "natu-
ralization court" each place it appears and inserting 
"Attorney General", and 
(iii) in the fourth sentence, by striking "the court" and 
inserting "the Attorney Greneral"; 
(B) in subsection (b)— 
(i) by striking "in open court in the court in which the 
petition for natur£ilization is made" and inserting "in the 
same public ceremony in which the oath of allegiance is 
administered", and 
(ii) by striking "in the court"; 
(C) in subsection (c)— 
(i) by striking "being in open court" and inserting 
"attending a public ceremony", and 
(ii) by striking "a judge of the court at such place as may 
be designated by the court" and inserting "at such place as 
the Attorney General may designate under section 334(e)"; 
and 
(D) by adding at the end the following new subsection: 
"(d) The Attorney (Jeneral shall prescribe rules and procedures to Regulations. 
ensure that the ceremonies conducted by the Attorney General for 
the administration of oaths of allegiance under this section are 
public, conducted frequently and at regular intervals, and are in 
keeping with the dignity of the occasion.". 
(16) Section 338 (8 U.S.C. 1449) is amended— 
(A) by striking "by a naturalization court", 
(B) by striking "the clerk of such court" and inserting "the 
Attorney General", 
(C) by striking "title, venue, emd location of the naturalization 
court" and inserting "location of the District office of the 
Service in which the application was filed and the title, author-
ity, £md location of the official or court administering the oath 
of allegiance", 
(D) by striking "the court" and inserting "the Attorney Gen-
eral", and 
(E) by striking "of the clerk of the naturalization court; and 
seal of the court" and inserting "of an immigration officer; £ind 
the seal of the Department of Justice". 
(17) Section 339 (8 U.S.C. 1450) is amended to read as follows: 
"FUNCTIONS AND DUTIES OF CLERKS AND RECORDS OF DECLARATIONS 
Courts. 
OF INTENTION AND APPUCATIONS FOR NATURAUZATION 
"SEC. 339. (a) The clerk of each court that administers oaths of 
allegiance under section 337 shall— 
"(1) issue to each person to whom such an oath is adminis-
tered a document evidencing that such an oath was adminis-
tered, 
"(2) forward to the Attorney General information concerning 
each person to whom such an oath is administered by the court, 
within 30 days after the close of the month in which the oath 
was administered, 
"(3) make and keep on file evidence for each such document 
issued, and 
"(4) forward to the Attorney General certified copies of such 
other proceedings and orders instituted in or issued out of the 
104 STAT. 5046 
PUBLIC LAW 101-649—NOV. 29, 1990 
court affecting or relating to the naturalization of persons as 
may be required from time to time by the Attorney Greneral. 
"(b) Each district office of the Service in the United States shall 
maintain, in chronological order, indexed, and consecutively num-
bered, as part of its permanent records, all declarations of intention 
and applications for naturalization filed with the office.". 
(18) Section 340 (8 U.S.C. 1451) is amended— 
(A) in the first sentence of subsection (a), by striking "in any 
court specified in subsection (a) of section 310 of this title" and 
inserting "in any District Court of the United States", 
(B) by amending the second sentence of subsection (g) to read 
as follows: "The clerk of the court shall transmit a copy of such 
order and judgment to the Attorney General.", 
(C) by striking the third sentence of subsection (g), and 
(D) in subsection (i), by striking "any naturalization court" 
and all that follows through "to take such action" and inserting 
the following: "the Attorney General to correct, reopen, alter, 
modify, or vacate an order natursilizing the person". 
(19) Section 344 (8 U.S.C. 1455) is amended— 
(A) in subsection (a)— 
(i) by striking "The clerk of the court" and inserting "The 
Attorney General", 
(ii) in paragraph (1), by striking "final", and 
(iii) in paragraph (1), by striking "the naturalization 
court" and inserting "the Attorney General"; 
(B) by striking subsections (c), (d), (e), and (f); 
(C) in subsection (g)— 
(i) by striking ", and all fees paid over to the Attorney 
General by clerks of courts under the provisions of this 
title,", and 
(ii) by striking "or by the clerks of the courts"; 
(D) in subsection (h)— 
(i) by striking "no clerk of a United States court shall" 
and inserting "the Attorney General m ^ not", 
(ii) by striking ", and no clerk of any State court" and all 
that follows through "charged or collected", and 
(iii) by striking the second sentence; 
(E) in subsection (i), by striking "clerk of court", "from the 
clerk,", "such clerk", and "by the clerk" and inserting "Attor-
ney General", "from the Attorney Greneral,", "the Attorney 
General", and "by the Attorney CJeneral", respectively; and 
(F) by redesignating subsections (g), (h), and (i) as subsections 
(c), (d), and (e), respectively. 
Repeal. 
(20) Section 348 (8 U.S.C. 1459) is repealed. 
(e) STRIKING MISCELLANEOUS MATERIAL.—(1) Section 316 (8 U.S.C. 
1427) is amended by striking subsection (f) and by redesignating 
subsection (g) as subsection (f). 
(2) Section 331 (8 U.S.C. 1442) is amended by striking the second 
sentence of subsection (d). 
(f) CORRECTIONS OF TABLE OF CONTENTS.—(1) The items in the table 
of contents relating to sections 334 through 336 are amended to read 
as follows: 
"Sec. 334. Application for naturalization; declaration of intention. 
"Sec. 335. Investigation of applicants; examination of applications. 
"Sec. 336. Hearings on denials of applications for naturalization.". 
(2) The item in the table of contents relating to section 339 is 
amended to read as follows: 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5047 
"Sec. 339. Functions and duties of clerks and records of declarations of intention 
and applications for naturalization.". 
(3) The item in the table of contents relating to section 348 is 
repealed. 
SEC. 408. EFFECTIVE DATES AND SAVINGS PROVISIONS. 
8 USC 1421 note. 
(a) EFFECTIVE DATE.— 
(1) No NEW COURT PETITIONS AFTER EFFECTIVE DATE.—No COUrt 
shall have jurisdiction, under section 310(a) of the Immigration 
and Nationality Act, to naturalize a person unless a petition for 
naturalization with respect to that person has been filed with 
the court before October 1,1991. 
(2) TREATMENT OF CURRENT COURT PETITIONS.— 
(A) CONTINUATION OF CURRENT RULES.—Except as pro-
vided in subparagraph (B), any petition for naturalization 
which may be pending in a court on October 1, 1991, shall 
be heard and determined in accordance with the require-
ments of law in effect when the petition WEIS filed. 
(B) PERMITTING WITHDRAWAL AND CONSIDERATION OF AP-
pucATiON UNDER NEW RULES.—In the case of any petition 
for naturalization which may be pending in any court on 
the date of the enactment of this Act, the petitioner may 
withdraw such petition and have the petitioner's applica-
tion for naturalization considered under the amendments 
made by this title, but only if the petition is withdrawn not 
later than 3 months after the effective date. 
(3) GENERAL EFFECTIVE DATE.—Except as otherwise provided 
in this section, the amendments made by this title are effective 
as of the date of the enactment of this Act. 
G)) INTERIM, FINAL REGULATIONS.—The Attorney General shall 
prescribe regulations (on an interim, final basis or otherwise) to 
implement the amendments made by this title on a timely basis. 
(c) CONTINUING DUTIES.—The amendments to section 339 of the 
Immigration and Nationality Act (relating to functions and duties of 
clerks) shall not apply to functions and duties respecting petitions 
filed before October 1,1991. 
(d) GENERAL SAVINGS PROVISIONS.—(1) Nothing contained in this 
title, unless otherwise specifically provided, shall be construed to 
affect the validity of any declaration of intention, petition for natu-
ralization, certificate of naturalization, certification of citizenship, 
or other document or proceeding which is valid as of the effective 
date; or to affect any prosecution, suit, action, or proceedings, civil 
or criminal, brought, or any status, condition, right in process of 
acquisition, act, thing, liability, obligation, or matter, civil or crimi-
nal, done or existing, as of the effective date. 
(2) As to all such prosecutions, suits, actions, proceedings, statutes, 
conditions, rights, acts, things, liabilities, obligations, or matters, the 
provisions of law repealed by this title are, unless otherwise specifi-
cally provided, hereby continued in force and effect. 
(e) TREATMENT OF SERVICE IN ARMED FORCES OF FOREIGN COUN-
TRY.—The amendments made by section 404 (relating to treatment 
of service in armed forces of a foreign country) shall take effect on 
the date of the enactment of this Act and shall apply to exemptions 
from training or service obtained before, on, or after such date. 
(f) FIUPINO WAR VETERANS.—Section 405 (relating to naturaliza-
tion of natives of the Philippines through active-duty service under 
United States command during World War II) shall become effective 
104 STAT. 5048 
PUBLIC LAW 101-649—NOV. 29, 1990 
on May 1,1991, without regard to whether regulations to implement 
such section have been issued by such date. 
TITLE V—ENFORCEMENT 
Subtitle A—Criminal Aliens 
SEC. 501. AGGRAVATED FELONY DEFINITION. 
(a) IN GENERAL.—Paragraph (43) of section 101(a) (8 U.S.C. 1101(a)) 
is amended— 
(1) by aligning its left margin with the left margin of para-
graph (42), 
(2) by inserting "any illicit trafficking in any controlled sub-
stance (as defined in section 102 of the Controlled Substances 
Act), including" after "murder,", 
(3) by inserting after "such title," the following: "any offense 
described in section 1956 of title 18, United States Code (relating 
to laundering of monetary instruments), or any crime of vio-
lence (as defined in section 16 of title 18, United States Code, not 
including a purely politiced offense) for which the term of 
imprisonment imposed (regardless of any suspension of such 
imprisonment) is at least 5 years,", 
(4) by striking "committed within the United States", 
(5) by adding at the end the following: "Such term applies to 
offenses described in the previous sentence whether in violation 
of Federal or State law.", and 
(6) by inserting before the period of the sentence added by 
paragraph (5) the following: 
and also applies to offenses de-
scribed in the previous sentence in violation of foreign law for 
which the term of imprisonment was completed within the 
previous 15 years". 
8 use 1101 note. 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall apply to offenses committed on or after the date of the 
enactment of this Act, except that the amendments made by para-
graphs (2) and (5) of subsection (a) shall be effective as if included in 
the enactment of section 7342 of the Anti-Drug Abuse Act of 1988. 
SEC. 502. SHORTENING PERIOD TO REQUEST JUDICIAL REVIEW. 
8 use 1105a. 
(a) IN GENERAL.—Section 106(aXl) (8 U.S.C. 1152a(aXl)) is 
amended by striking "60 days" and inserting "30 days". 
8 use 1105a 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
"°*®- 
shall apply to final deportation orders issued on or after January 1, 
1991. 
SEC. 503. ENHANCING ENFORCEMENT AUTHORITY OF INS OFFICERS. 
(a) BROADENING AUTHORITY.—Section 287(a) (8 U.S.C. 1357(a)) is 
amended— 
(1) by striking "and" at the end of paragraph (3), and 
(2) in paragraph (4), by striking "United States" the second 
place it appears and all that follows and inserting the following: 
United States, and 
"(5) to make arrests— 
"(A) for any offense against the United States, if the 
offense is committed in the officer's or employee's presence, 
or 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5049 
"(B) for any felony cognizable under the laws of the 
United States, if the officer or employee has reasonable 
grounds to believe that the person to be arrested has 
committed or is committing such a felony, 
if the officer or employee is performing duties relating to the 
enforcement of the immigration laws at the time of the arrest 
and if there is a likelihood of the person escaping before a 
warrant can be obtained for his arrest. 
Under regulations prescribed by the Attorney (Jeneral, an officer or 
employee of the Service may carry a firearm and may execute and 
serve any order, warrant, subpoena, summons, or other process 
issued under the authority of the United States. The authority to Regulations. 
make arrests under paragraph (5XB) shall only be effective on and 
after the date on which the Attorney (Jeneral publishes final regula-
tions which (i) prescribe the categories of officers and employees of 
the Service who may use force (including deadly force) and the 
circumstances under which such force may be used, (ii) establish 
standards with respect to enforcement activities of the Service, (iii) 
require that any officer or employee of the Service is not authorized 
to m£ike arrests under paragraph (5XB) unless the officer or em-
ployee has received certification as having completed a training 
program which covers such arrests and standards described in 
clause (ii), and (iv) establish an expedited, internal review process 
for violations of such standards, which process is consistent with 
standard agency procedure regarding confidentiality of matters re-
lated to internal investigations.". 
(b) REQUIRING FINGERPRINTING AND PHOTOGRAPHING OF CERTAIN 
ALIENS.—(1) Section 287 is further amended by adding at the end 8 USC 1357. 
the following new subsection: 
"(fXD Under regulations of the Attorney Greneral, the Commis-
sioner shall provide for the fingerprinting and photographing of 
each alien 14 years of age or older against whom a proceeding is 
commenced under section 242. 
"(2) Such fingerprints and photographs shall be made available to 
Federal, State, and local law enforcement agencies, upon request.". 
(2) Section 264(b) (8 U.S.C. 1304(b)) is amended by insertmg "(1) 
pursuant to section 287(fK2), and (2)" after "only". 
SEC. 504. CUSTODY PENDING DETERMINATION OF DEPORTABILITY AND 
EXCLUDABILITY. 
(a) DEPORTABILITY.—Section 242(aX2) (8 U.S.C. 1252(aX2)) is 
amended— 
(1) in the first sentence, by striking "upon completion of the 
alien's sentence for such conviction and inserting "upon re-
lease of the alien (regardless of whether or not such release is 
on parole, supervised release, or probation, and regardless of the 
possibility of rearrest or further confinement in respect of the 
same offense)", 
(2) in the second sentence, by inserting "but subject to 
subparagraph (B)" after "Notwithstanding subsection (a) , 
(3) in the second sentence, by striking "subsection (a)" and 
inserting "paragraph (1) or subsections (c) and (d)", 
(4) by inserting ' 
W " after "(2)", and 
(5) by adding at the end the following new subparagraph: 
"(B) The Attorney General shall release from custody an alien 
who is lawfully admitted for permanent residence on bond or such 
other conditions as the Attorney Greneral may prescribe if the 
104 STAT. 5050 
PUBLIC LAW 101-649—NOV. 29, 1990 
8 use 1252 note. 
8 use 1251 note. 
8 use 1252a 
note. 
Inter-
governmental 
relations. 
Records. 
Attorney General determines that the alien is not a threat to the 
community and that the alien is likely to appear before any sched-
uled hearings.". 
(b) ExcLUDABiLTTY.—Section 236 (8 U.S.C. 1226) is amended by 
adding at the end the following new subsection: 
"(eXl) Pending a determination of excludability, the Attorney 
General shall take into custody any alien convicted of an aggravated 
felony upon completion of the alien's sentence for such conviction. 
"(2) Notwithstanding any other provision of this section, the 
Attorney General shall not release such felon from custody unless 
the Attorney General determines that the sdien may not be deported 
because the condition described in section 243(g) exists. 
"(3) If the determination described in paragraph (2) has been 
made, the Attorney General may release such alien only after— 
"(A) a procedure for review of each request for relief under 
this subsection has been established, 
"(B) such procedure includes consideration of the severity of 
the felony committed by the alien, and 
"(C) the review concludes that the alien will not pose a danger 
to the safety of other persons or to property.", 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on the date of the enactment of this Act. 
SEC. 505. ELIMINATION OF JUDICIAL RECOMMENDATIONS 
AGAINST 
DEPORTATION. 
(a) IN GENERAL.—Section 241(b) (8 U.S.C. 1251(b)) is amended— 
(1) in the first sentence— 
(A) by striking "(1)", and 
(B) by striking ", or (2)" and all that follows up to the 
period at the end; and 
(2) in the second sentence, by inserting "or who has been 
convicted of an aggravated felony" after "subsection (aXU) of 
this section". 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act and shall 
apply to convictions entered before, on, or after such date. 
SEC. 506. CLARIFICATION RESPECTING DISCRETIONARY AUTHORITY IN 
DEPORTATION PROCEEDINGS FOR INCARCERATED ALIENS. 
(a) IN GENERAL.—Section 242A(dX2) (8 U.S.C. 1252a(dX2)) is 
amended by striking ", unless" and all that follows up to the period 
at the end. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act. 
SEC. 507. REQUIRING COORDINATION PLAN WITH INS AS A CONDITION 
FOR RECEIPT OF DRUG CONTROL AND SYSTEM IMPROVE-
MENT GRANTS UNDER THE OMNIBUS CRIME CONTROL AND 
SAFE STREETS ACT OF 1968. 
(a) IN GENERAL.—Section 503(a) of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding 
at the end the following new paragraph: 
"(11) An assurance that the State has established a plan 
under which the State will provide without fee to the Immigra-
tion and Naturalization Service, within 30 days of the date of 
their conviction, the certified records of conviction of aliens who 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5051 
have been convicted of violating the criminal laws of the 
State.", 
(b) EppEcrnvE DATE.—The amendment made by subsection (a) 42 use 3753. 
shsJl apply to grants for fiscal years b^inning with fiscal year 1991. 
SEC. 508. DEPORTATION FOR ATTEMPTED VIOLATIONS OF CONTROIXED 
SUBSTANCES LAWS. 
(a) IN GENERAL.—Section 241(aXll) (8 U.S.C. 1251(aXll)) is 
amended by inserting "or attempt" after "conspiracy". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 8 USC1251 note, 
shall apply to convictions occurring on or after the date of the 
enactment of this Act. 
SEC. 509. GOOD MORAL CHARACTER DEFINITION. 
(a) IN GENERAL.—Section 101(fK8) (8 U.S.C. 1101(fK8)) is amended 
by striking "the crime of murder" and inserting "an aggravated 
felony (as defined in subsection (aX43))". 
(b) EFFECTIVE DATE,—The amendment made by subsection (a) 8 USC iioi note. 
shall take effect on the date of the enactment of tms Act and shall 
apply to convictions occurring on or after such date. 
SEC. 510. REPORT ON CRIMINAL ALIENS. 
8 USC 1251 note. 
(a) IN GENERAL.—The Attorney General shall submit to the appro-
priate Committees of the Congress, ^ not later than December 1, 
1991, a report that describes the efforts of the Immigration and 
Naturalization Service to identify, apprehend, detain, and remove 
from the United States aliens who have been convicted of crimes in 
the United States. 
(b) CRIMINAL ALIEN CENSUS.—Such report shall include a state-
ment of— 
(1) the number of aliens in the United States who have been 
convicted of a criminal offense in the United States, and, of such 
number, the number of such aliens who are not lawfully admit-
ted to the United States; 
(2) the number of aliens lawfully admitted to the United 
States who have been convicted of such an offense and, based on 
such conviction, are subject to deportation from the United 
States; 
(3) the number of aliens in the United States who are incar-
cerated in a penal institution in the United States, and, of such 
^ 
number, the number of such aliens who are not lawfully admit-
ted to the United States; 
(4XA) the number of aliens whose deportation hearings have 
been conducted pursuant to section 242A(a) of the Immigration 
and Nationality Act, and (B) the percentage that such number 
represents of the total number of deportable aliens with respect 
to whom a hearing under such section could have been con-
ducted since November 18,1988; and 
(5) the number of aliens in the United States who have 
reentered the United States sifter having been convicted of a 
criminal offense in the United States. 
Within each of the numbers of aliens specified under this subsection 
who have been convicted of criminal offenses, the Attorney General 
shall distinguish between criminal offenses that are Eiggravated 
felonies (as defined in section 101(aX43) of the Immigration and 
Nationality Act, as amended by this Act) and for other criminal 
offenses. 
104 STAT. 5052 
PUBLIC LAW 101-649—NOV. 29, 1990 
8 use 1182 note. 
Appropriation 
authorization. 
8 use 1105a 
note. 
(c) CRIMINAL ALIEN REMOVAL PLAN.—The Attorney General shall 
include in the report a plan for the prompt removal from the United 
States of criminal aliens who are subject to exclusion or deportation. 
Such plan shall also include a statement of additional funds that 
would be required to provide for the prompt removal from the 
United States of— 
(IXA) aliens who are not lawfully admitted to the United 
States and who, as of the date of the enactment of this Act, have 
committed any criminal offense in the United States, and (B) 
aliens who are lawfully admitted to the United States and who, 
as of such date, have committed a criminal offense in the 
United States the commission of which makes the alien subject 
to deportation; and 
(2XA) aliens who are not lawfully admitted to the United 
States and who, in the future, commit a criminal offense in the 
United States, and (B) aliens who are lawfully admitted to the 
United States and who, in the future, commit a criminal offense 
in the United States the commission of which makes the alien 
subject to deportation. 
Such plan shall also include a method for identifying and preventing 
the unlawful reentry of aliens who have been been convicted of 
criminal offenses in the United States and removed from the United 
States. 
SEC. 511. LIMITATION ON WAIVER OF EXCLUSION FOR RETURNING 
PERMANENT RESIDENTS CONVICTED OF AN AGGRAVATED 
FELONY. 
(a) IN GENERAL.—Section 212(c) (8 U.S.C. 1182(c)) is amended by 
adding at the end the following: "The first sentence of this subsec-
tion shall not apply to an alien who has been convicted of an 
aggravated felony and has served a term of imprisonment of at least 
5 years.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to admissions occurring after the date of the enactment 
of this Act. 
SEC. 512. AUTHORIZATION OF ADDITIONAL IMMIGRATION JUDGES FOR 
DEPORTATION PROCEEDINGS INVOLVING CRIMINAL ALIENS. 
There are authorized to be appropriated in each of fiscal years 
1991 through 1995 such sums as are necessary to provide for 20 
additional immigration judges in the Department of Justice, to be 
used to conduct proceedings under section 242A(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1252a(d)). 
SEC. 513. EFFECT OF FILING PETITION FOR REVIEW. 
(a) No STAY UNLESS COURT ORDER.—Section 106(aX3) (8 U.S.C. 
1105a(aX3)) is amended by inserting before the semicolon at the end 
the following: "or unless the alien is convicted of an aggravated 
felony, in which case the Service shall not stay the deportation of 
the alien pending determination of the petition of the court unless 
the court otherwise directs". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to petitions to review filed more than 60 days after the 
date of the enactment of this Act. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5053 
SEC. 514. EXTENDING BAR ON REENTRY OF ALIENS CONVICTED OF 
AGGRAVATED FELONIES. 
(a) IN GENERAL.—Section 212(aX17) (8 U.S.C. 1182(aX17)) is 
amended by striking "10 years" and inserting "20 years". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 8USCll82note. 
shaU apply to admissions occurring on or after January 1, 1991. 
SEC. 515. ASYLUM IN THE CASE OF ALIENS CONVICTED OF AGGRAVATED 
FELONIES. 
(a) IN GENERAL.—(1) Section 208 (8 U.S.C. 1158) is amended by 
adding at the end the following new subsection: 
"(d) An alien who has been convicted of an aggravated felony, 
notwithstanding subsection (a), may not apply for or be granted 
asylum.". 
(2) Section 243(hX2) (8 U.S.C. 1253(hX2)) is amended by adding at 
the end the following: 
"For purposes of subparagraph (B), an alien who has been convicted 
of an aggravated felony shall be considered to have conmiitted a 
particularly serious crime.". 
Qo) EFFECTIVE DATES.— 
8 use 1158 note. 
(1) The amendment made by subsection (aXl) shall apply to 
applications for asylum made on or after the date of the enact-
ment of this Act. 
(2) The amendment made by subsection (aXD shall take effect 
on the date of the enactment of this Act and shall apply to 
convictions entered before, on, or after the date of the enact-
ment of this Act. 
Subtitle B—Provision Relating to Employer 
Sanctions 
SEC. 521. ELIMINATION OF PAPERWORK REQUIREMENT FOR RECRUIT-
ERS AND REFERRERS. 
(a) IN GENERAL.—Section 274A(aXl) (8 U.S.C. 1324a(aXl)) is 
amended— 
(1) by striking "to hire, or to recruit or refer for a fee, for 
employment in the United States", 
(2) in subparagraph (A), by inserting after "(A)" the following: 
"to hire, or to recruit or refer for a fee, for employment in the 
United States", and 
(3) in subparagraph (B), by inserting after "(B)" the following: 
"(i) to hire for employment in the United States an individual Agriculture 
without compl3dng with the requirements of subsection (b) or (ii) 
if the person or entity is an agricultural association, agricul-
tural employer, or farm labor contractor (as defined in section 3 
of the Migrant and Seasonal Agricultural Worker Protection 
Act), to hire, or to recruit or refer for a fee, for employment in 
the United States". 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall apply to recruiting and referring occurring on or after the date 
of the enactment of this Act. 
8 use 1324a 
note. 
104 STAT. 5054 
Employment. 
PUBLIC LAW 101-649—NOV. 29, 1990 
Subtitle C—Provisions Relating to Anti-
Discrimination 
Appropriation 
authorization. 
8 u s e 1324b 
note. 
SEC. 531. DISSEMINATION 
OF 
INFORMATION 
CONCERNING 
ANTI-
DISCRIMINATION PROTECTIONS UNDER IRCA AND TITLE VII 
OF THE CIVIL RIGHTS ACT OF 1964. 
Section 274B (8 U.S.C. 1324b) is amended by adding at the end the 
following new subsection: 
"(1) DISSEMINATION OF INFORMATION CONCERNING ANTI-DISCRIMI-
NATION PROVISIONS.— 
"(1) Not later than 3 months after the date of the enactment 
of this subsection, the Special Counsel, in cooperation with the 
chairman of the Equal Employment Opportunity Commission, 
the Secretary of Labor, and the Administrator of the Small 
Business Administration, shall conduct a campaign to dissemi-
nate information respecting the rights and remedies prescribed 
under this section and under title VII of the Civil Rights Act of 
1964 in connection with unfair immigration-related employ-
ment practices. Such campaign shall be aimed at increasing the 
knowledge of employers, employees, and the general public 
concerning employer and employee rights, responsibilities, and 
remedies under this section and such title. 
"(2) In order to carry out the campaign under this subsection, 
the Special Counsel— 
"(A) may, to the extent deemed appropriate and subject 
to the availability of appropriations, contract with public 
and private organizations for outreach activities under the 
campaign, and 
"(B) shall consult with the Secretary of Labor, the chair-
man of the Equal Employment Opportunity Commission, 
and the heads of such other agencies as may be appropriate. 
"(3) There are authorized to be appropriated to carry out this 
subsection $10,000,000 for each fiscal year (beginning with fiscal 
year 1991).". 
SEC. 532. INCLUSION OF CERTAIN SEASONAL AGRICULTURAL WORKERS 
WITHIN SCOPE OF ANTI-DISCRIMINATION PROTECTIONS. 
(a) IN GENERAL.—Section 274B(a)(3)(B)(i) (8 U.S.C. 1324b(a)(3)(B)(i)) 
is amended by inserting "210(a), 210A(a), or" before "245A(a)(l)". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to actions occurring on or after the date of the enact-
ment of this Act. 
SEC. 533. ELIMINATION OF REQUIREMENT THAT ALIENS FILE A DEC-
LARATION OF INTENDING TO BECOME A CITIZEN IN ORDER 
TO FILE ANTI-DISCRIMINATION COMPLAINT. 
(a) IN GENERAL.—Section 274B(a) (8 U.S.C. 1324b(a)) is amended— 
(1) in paragraph (1)(B), by striking "citizen or intending citi-
zen" and inserting "protected individual"; 
(2) in paragraph (3), by striking "CITIZEN OR INTENDING CITI-
ZEN" and inserting "PROTECTED INDIVIDUAL"; 
(3) in paragraph (3), by striking "citizen or intending citizen" 
and inserting "protected individual"; and 
(4) in paragraph (3)(B)— 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5055 
(A) by striking "is an alien" and all that follows through 
"but does not" and inserting "is an alien who is lawfully 
admitted for permanent residence, is granted the status of 
an alien lawfully admitted for temporary residence under 
section 210(a), 210A(a), or 245A(a)(l), is admitted as a refu-
gee under section 207, or is granted asylum under section 
208; but does not", and 
(B) by striking "(I)" and "(II)" and inserting "(i)" and 
"(ii)", respectively. 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall apply to unfair immigration-related employment practices 
occurring before, on, or after the date of the enactment of this Act. 
SEC. 534. ANTI-RETALIATION PROTECTIONS. 
(a) CODIFICATION OF REGULATION.—Section 274B(a) (8 U.S.C. 
1324b(a)) is amended by adding at the end the following: 
"(5) PROHIBITION OF INTIMIDATION OR RETAUATION.—It is also 
an unfair immigration-related emplojnnent practice for a 
person or other entity to intimidate, threaten, coerce, or retali-
ate against any individual for the purpose of interfering with 
any right or privilege secured under this section or because the 
individual intends to file or has filed a charge or a complaint, 
testified, assisted, or participated in any manner in an inves-
tigation, proceeding, or hearing under this section. An individ-
ual so intimidated, threatened, coerced, or retaliated against 
shall be considered, for purposes of subsections (d) and (g), to 
have been discriminated against.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to actions occurring on or after the date of the enact-
ment of this Act. 
SEC. 535. TREATMENT OF CERTAIN ACTIONS AS DISCRIMINATION. 
(a) DOCUMENTATION ABUSES.—Section 274B(a) (8 U.S.C. 1324b(a)), 
as amended by section 534, is further amended lay adding at the end 
the following new paragraph: 
"(6) TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS 
EMPLOYMENT PRACTICES.—For purposes of paragraph (1), a per-
son's or other entity's request, for purposes of satisfying the 
requirements of section 274A(b), for more or different docu-
ments than are required under such section or refusing to honor 
documents tendered that on their face reasonably appear to be 
genuine shall be treated as an unfair immigration-related 
employment practice relating to the hiring of individuals.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act, but shall 
apply to actions occurring on or after such date. 
SEC. 536. CONFORMING CIVIL MONEY PENALTIES FOR ANTI-DISCRIMINA-
TION VIOLATIONS TO THOSE FOR EMPLOYER SANCTIONS. 
(a) CIVIL MONEY PENALTIES.—Section 274B(gX2)(B) (8 U.S.C. 
1324b(gX2)(B)) is amended by amending clause (iv) to read as follows: 
"(ivXD except as provided in subclauses (II) through 
(IV), to pay a civil penalty of not less than $250 and not 
more than $2,000 for each individual discriminated 
against, 
"(II) except as provided in subclause (IV), in the case 
of a person or entity previously subject to a single order 
8 u s e 1324b 
note. 
8 u s e 1324b 
note. 
8 u s e 1324b 
note. 
104 STAT. 5056 
PUBLIC LAW 101-649—NOV. 29, 1990 
8 use 1324b 
note. 
8 use 1324b 
note. 
8 use 1324a 
note. 
under this paragraph, to pay a civil penalty of not less 
than $2,000 and not more than $5,000 for each individ-
ual discriminated against, 
"(III) except as provided in subclause (IV), in the case 
of a person or entity previously subject to more than 
one order under this paragraph, to pay a civil penalty 
of not less than $3,000 and not more than $10,000 for 
each individual discriminated against, and 
"(IV) in the case of an unfair immigration-related 
employment practice described in subsection (a)(6), to 
pay a civil penalty of not less than $100 and not more 
than $1,000 for each individual discriminated against.". 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
apply to unfair immigration-related employment practices occurring 
after the date of the enactment of this Act. 
SEC. 537. PERIOD FOR FILING OF COMPLAINTS. 
(a) 120-DAY PERIOD.—Section 274B(d)(2) (8 U.S.C. 1324b(d)(2)) is 
amended— 
(1) by inserting "the Special Counsel shall notify the person 
making the charge of the determination not to file such a 
complaint during such period and" after "120-day period,", 
(2) by inserting "within 90 days after the date of receipt of the 
notice" before the period at the end, and 
(3) by adding at the end the following: "The Special Counsel's 
failure to file such a complaint within such 120-day period shall 
not affect the right of the Special Counsel to investigate the 
charge or to bring a complaint before an administrative law 
judge during such 90-day period.". 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall apply to charges received on or after the date of the enactment 
of this Act. 
SEC. 538. SPECIAL COUNSEL ACCESS TO EMPLOYMENT ELIGIBILITY VER-
IFICATION FORMS. 
(a) IN GENERAL.—Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is 
amended by inserting ", the Special Counsel for Immigration-Re-
lated Unfair Employment Practices," after "officers of the Service,". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act. 
SEC. 539. ADDITIONAL RELIEF IN ORDERS. 
(a) IN GENERAL.—Section 274B(g)(2)(B) (8 U.S.C. 1324b(gX2)(B)) is 
amended— 
(1) by striking "and" at the end of clause (iii), 
(2) by striking the period at the end of clause (iv)(II) and 
inserting a comma, and 
(3) by adding at the end the following: 
"(v) to post notices to employees about their rights 
under this section and employers' obligations under 
section 274A, 
"(vi) to educate all personnel involved in hiring and 
complying with this section or section 274A about the 
requirements of this section or such section, 
"(vii) to order (in an appropriate case) the removal of 
a false performance review or false warning from an 
employee's personnel file, and 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5057 
"(viii) to order (in an appropriate case) the lifting of 
any restrictions on an employee's assignments, work 
shifts, or movements.". 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 8 USC 1324b 
shall apply to orders with respect to unfair immigration-related 
note-
employment practices occurring on or after the date of the enact-
ment of this Act. 
Subtitle D—General Enforcement 
SEC. 541. AUTHORIZING INCREASE BY 1,000 IN BORDER PATROL PERSON-
NEL. 
There are authorized to be appropriated for fiscal year 1991 such Appropriation 
additional sums £is may be necessary to provide for an increase of authorization. 
1,000 in the authorized personnel level of the border patrol of the 
Immigration and Naturalization Service, above the authorized level 
of the patrol as of September 30,1990. 
SEC. 542. APPLICATION OF INCREASE IN PENALTIES TO ENHANCE 
ENFORCEMENT ACTIVITIES. 
(a) IN GENERAL.—Section 280 (8 U.S.C. 1330) is amended— 
(1) by inserting "(a)" after "280.", and 
(2) by adding at the end the following new subsection: 
"(b) Notwithstanding section 3302 of title 31, United States Code, 
8 USC 1330 note, 
the increase in penalties collected resulting from the amendments 
made by sections 203(b), 543(a), and 544 of the Immigration Act of 
1990 shall be credited to the appropriation— 
"(1) for the Immigration and Naturalization Service for 
activities that enhance enforcement of provisions of this title, 
including— 
"(A) the identification, investigation, and apprehension of 
criminal aliens, 
"(B) the implementation of the system described in sec-
tion 242(a)(3XA), and 
"(C) for the repair, maintainance, or construction on the 
United States border, in areas experiencing high levels of 
apprehensions of illegal aliens, of structures to deter illegal 
entry into the United States; and 
"(2) for the Executive Office for Immigration Review in the 
Department of Justice for the purpose of removing the backlogs 
in the preparation of transcripts of deportation proceedings 
conducted under section 242.", 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to fines and penalties collected on or after January 1, 
1991. 
SEC. 543. INCREASE IN FINE LEVELS; AUTHORITY OF THE INS TO COL-
LECT FINES. 
(a) CIVIL PENALTIES.— 
(1) FAILURE TO DEUVER MANIFEST.—Section 231(d) (8 U.S.C. 
1221(d)) is amended by striking "collector of customs at the port 
of arrival or departure the sum of $10" and inserting "Commis-
sioner the sum of $300". 
(2) FAILURE TO PROVIDE FOR DEPORTATION.—Section 2370t)) (8 
U.S.C. 1227(b)) is amended by striking "district director of cus-
toms of the district in which port of arrival is situated or in 
104 STAT. 5058 
PUBLIC LAW 101-649—NOV. 29, 1990 
which any vessel or aircraft of the line may be found, the sum of 
$300" and inserting "Commissioner the sum of $2,000". 
(3) IMPROPER AIRCRAFT ENTRY.—Section 239 (8 U.S.C. 1229) is 
amended by striking "$500" and inserting "$2,000". 
(4) FAILURE TO CONTROL CREW.—Section 254(a) (8 U.S.C. 
1284(a)) is amended— 
(A) in the first sentence, by striking "collector of customs 
of the customs district in which the port of arrival is located 
or in which the failure to comply with the orders of the 
officer occurs the sum of $1,000" and inserting "Commis-
sioner the sum of $3,000", and 
(B) in the third sentence by striking "$200" and inserting 
"$500". 
(5) EMPLOYMENT OF CERTAIN CREW.—Section 255 (8 U.S.C. 
1285) is amended— 
(A) in the second sentence, by striking "collector of cus-
toms of the customs district in which the port of arrival is 
located the sum of $50" and inserting "Commissioner the 
sum of $1,000", and 
(B) in the third sentence, by striking "collector of cus-
toms" and inserting "Commissioner". 
(6) IMPROPER DISCHARGE OF CREW.—Section 256 (8 U.S.C. 1286) 
is amended— 
(A) in the second sentence, by striking "collector of cus-
toms of the customs district in which the violation occurred 
the sum of $1,000" and inserting "Commissioner the sum of 
$3,000", 
(B) in the third sentence, by striking "collector of cus-
toms" and inserting "Commissioner", and 
(C) in the fourth sentence, by striking "$500" and insert-
ing "$1,500". 
(7) ASSISTING UNLAWFUL ENTRY OF CREW.—Section 257 (8 
U.S.C. 1287) is amended by striking "$5,000" and inserting 
"$10,000". 
(8) DUTY TO PREVENT UNAUTHORIZED ENTRIES.—Section 271(a) 
(8 U.S.C. 1321) is amended by striking "$1,000" and inserting 
"$3,000". 
(9) BRINGING IN CERTAIN AUENS.—Section 272 (8 U.S.C. 1322) 
is amended— 
(A) in subsection (a)— 
(i) by striking "collector of customs of the customs 
district in which the place of arrival is located" and 
inserting "Commissioner", and 
(ii) by striking "$1,000" and inserting "$3,000"; 
(B) in subsection (b)— 
(i) by striking "collector of customs of the customs 
district in which the place of arrival is located" and 
inserting "Commissioner", and 
(ii) by striking "$250" and inserting "$3,000"; and 
(C) in subsection (c), by striking "collector of customs" 
and inserting "Commissioner". 
(10) UNLAWFUL BRINGING OF ALIENS.—Section 273 (8 U.S.C. 
1323) is amended— 
(A) in subsection (b), by striking "collector of customs of 
the customs district in which the port of arrival is located 
the sum of $1,000" and inserting "Commissioner the sum of 
$3,000", and 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5059 
(B) in subsection (d)— 
(i) in the first sentence, by striking "collector of 
customs of the customs district in which the port of 
arrival is located the sum of $1,000" and inserting 
"Commissioner the sum of $3,000", and 
(ii) in the second sentence, by striking "collector of 
customs" and inserting "Commissioner". 
Qo) CRIMINAL FINE LEVELS.— 
(1) CREW MEMBER OVERSTAYING.—Section 252(c) (8 U.S.C. 
1282(c)) is amended by striking "shall be guilty" and all that 
follows through "six months" and inserting "shall be fined not 
more than $2,000 (or, if greater, the amount provided under title 
18, United States Code) or imprisoned not more than 6 months". 
(2) CONCEALMENT OF ALIENS.—Section 275 (8 U.S.C. 1325) is 
amended— 
(A) by inserting "or attempts to enter" after "(1) enters", 
(B) by inserting "attempts to enter or" after "or (3)", and 
(C) by striking "shall, for the first commission", and all 
that follows through "$1,000" and inserting "shall, for the 
first commission of any such offense, be fined not more than 
$2,000 (or, if greater, the amount provided under title 18, 
United States Code) or imprisoned not more than 6 months, 
or both, and, for a subsequent commission of any such 
offense, be fined under title 18, United States Code, or 
imprisoned not more than 2 years". 
(3) UNLAWFUL REENTRY.—Section 276 (8 U.S.C. 1326) is 
amended by striking "shall be guilty" and all that follows 
through "$1,000" and inserting "shall be fined under title 18, 
United States Code, or imprisoned not more than 2 years". 
(4) AIDING IN ENTRY OF SUBVERSIVES,—Section 277 (8 U.S.C. 
1327) is amended by striking "shall be guilty" and all that 
follows through "five years" and inserting "shall be fined under 
title 18, United States Code, or imprisoned not more than 10 
years". 
(5) IMPORTING PROSTITUTES.—Section 278 (8 U.S.C. 1328) is 
amended by striking "shall, in every" and all that follows 
through "ten years" and inserting "shall be fined under title 18, 
United States Code, or imprisoned not more than 10 years, or 
both". 
(c) EFFECTIVE DATES.—The amendments made by subsections (a) 8 USC1221 note, 
and (b) shall apply to actions taken after the date of the enactment 
of this Act. 
SEC. 544. CIVIL PENALTIES FOR DOCUMENT FRAUD. 
(a) DOCUMENT FRAUD.—Title II is amended by adding after section 
274B the following new section: 
"PENALTIES FOR DOCUMENT FRAUD 
"SEC. 274C. (a) ACTIVITIES PROHIBITED.—It is unlawful for any 8 use 1324c. 
person or entity knowingly— 
"(1) to forge, counterfeit, alter, or falsely make any document 
for the purpose of satisfying a requirement of this Act, 
"(2) to use, attempt to use, possess, obtain, accept, or receive 
any forged, counterfeit, altered, or falsely made document in 
order to satisfy any requirement of this Act, 
104 STAT. 5060 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(3) to use or attempt to use any document lawfully issued to 
a person other than the possessor (including a deceased individ-
ual) for the purpose of satisfying a requirement of this Act, or 
"(4) to accept or receive any document lawfully issued to a 
person other than the possessor (including a deceased individ-
ual) for the purpose of complying with section 274A(b). 
"(b) EXCEPTION,—This section does not prohibit any lawfully au-
thorized investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a subdivision of 
a State, or of an intelligence agency of the United States, or any 
activity authorized under title V of the Organized Crime Control Act 
of 1970 (18 U.S.C. note prec. 3481). 
"(c) CONSTRUCTION.—Nothing in this section shall be construed to 
diminish or qualify any of the penalties available for activities 
prohibited by this section but proscribed as well in title 18, United 
States Code. 
"(d) ENFORCEMENT.— 
"(1) AUTHORITY IN INVESTIGATIONS.—In conducting investiga-
tions and hearings under this subsection— 
"(A) immigration officers and administrative law judges 
shall have reasonable access to examine evidence of any 
person or entity being investigated, and 
"(B) administrative law judges, may, if necessary, compel 
by subpoena the attendance of witnesses and the production 
of evidence at any designated place or hearing. 
In case of contumacy or refusal to obey a subpoena lawfully 
issued under this paragraph and upon application of the Attor-
ney General, an appropriate district court of the United States 
may issue an order requiring compliance with such subpoena 
and any failure to obey such order may be punished by such 
court as a contempt thereof. 
"(2) HEARING.— 
"(A) IN GENERAL.—Before imposing an order described in 
paragraph (3) against a person or entity under this subsec-
tion for a violation of subsection (a), the Attorney General 
shall provide the person or entity with notice and, upon 
request made within a reasonable time (of not less than 30 
days, as established by the Attorney General) of the date of 
the notice, a hearing respecting the violation. 
"(B) CONDUCT OF HEARING.—Any hearing so requested 
shall be conducted before an administrative law judge. The 
i 
hearing shall be conducted in accordance with the require-
ments of section 554 of title 5, United States Code. The 
hearing shall be held at the nearest practicable place to the 
place where the person or entity resides or of the place 
where the alleged violation occurred. If no hearing is so 
requested, the Attorney General's imposition of the order 
shall constitute a final and unappealable order. 
"(C) ISSUANCE OF ORDERS.—If the administrative law 
judge determines, upon the preponderance of the evidence 
received, that a person or entity has violated subsection (a), 
the administrative law judge shall state his findings of fact 
and issue and cause to be served on such person or entity an 
order described in paragraph (3). 
"(3) CEASE AND DESIST ORDER WITH CIVIL MONEY PENALTY.— 
With respect to a violation of subsection (a), the order under this 
subsection shall require the person or entity to cease and desist 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5061 
from such violations and to pay a civil penalty in an amount 
of— 
"(A) not less than $250 and not more than $2,000 for each 
document used, accepted, or created and each instance of 
use, acceptance, or creation, or 
"(B) in the case of a person or entity previously subject to 
an order under this paragraph, not less than $2,000 and not 
more than $5,000 for each document used, accepted, or 
created and each instance of use, acceptance, or creation. 
In applying this subsection in the case of a person or entity 
composed of distinct, physically separate subdivisions each of 
which provides separately for the hiring, recruiting, or referring 
for employment, without reference to the practices of, and not 
under the control of or common control with, another subdivi-
sion, each such subdivision shall be considered a separate 
person or entity. 
"(4) ADMINISTRATIVE APPELLATE REVIEW.—The decision and 
order of an administrative law judge shall become the final 
agency decision and order of the Attorney Greneral unless, 
within 30 days, the Attorney General modifies or vacates the 
decision and order, in which C£ise the decision and order of the 
Attorney General shall become a final order under this 
subsection. 
"(5) JUDICIAL REVIEW.—A person or entity adversely affected 
by a final order under this section may, within 45 days after the 
date the final order is issued, file a petition in the Court of 
Appeals for the appropriate circuit for review of the order. 
' (6) ENFORCEMENT OF ORDERS.—If a person or entity fails to 
comply with a final order issued under this section Eigainst the 
person or entity, the Attorney General shall file a suit to seek 
compliance with the order in any appropriate district court of 
the United States. In any such suit, the validity and appro-
priateness of the final order shall not be subject to review.". 
(b) NEW GROUND OF DEPORTATION.—Section 241(a) (8 U.S.C. 
1251(a)) is amended— 
(1) by striking "or" at the end of paragraph (19), 
\ 
(2) by striking the period at the end of paragraph (20) and 
inserting "; or", and 
(3) by adding at the end the following new paragraph: 
"(21) is the subject of a final order for violation of section 
274C.". 
(c) CLERICAL AMENDMENT.—The table of contents is amended by 
inserting after the item relating to section 274B the following new 
item: 
"Sec. 274C. Penalties for document fraud.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 8 USC1251 note, 
apply to persons or entities that have committed violations on or 
after the date of the enactment of this Act. 
SEC. 545. DEPORTATION PROCEDURES; REQUIRED NOTICE OF DEPORTA-
TION HEARING; LIMITATION ON DISCRETIONARY RELIEF. 
(a) IN GENERAL.—Chapter 5 of title II is amended by inserting 
after section 242A the following new section: 
"DEPORTATION PROCEDURES 
"SEC. 242B. (a) NOTICES.— 
8 USC I252b. 
104 STAT. 5062 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(1) ORDER TO SHOW CAUSE.—In deportation proceedings under 
section 242, written notice (in this section referred to as an 
'order to show cause') shall be given in person to the alien (or, if 
personal service is not practicable, such notice shall be given by 
certified mail to the alien or to the alien's counsel of record, if 
any) specifying the following: 
"(A) The nature of the proceedings against the alien. 
"(B) The legal authority under which the proceedings are 
^ 
conducted. 
"(C) The acts or conduct alleged to be in violation of law. 
"(D) The charges against the alien and the statutory 
provisions alleged to have been violated. 
"(E) The alien may be represented by counsel and, upon 
request, the alien will be provided a list of counsel prepared 
under subsection (b)(2). 
"(F)(i) The requirement that the alien must immediately 
provide (or have provided) the Attorney General with a 
written record of an address and telephone number (if any) 
at which the alien may be contacted respecting proceedings 
under section 242. 
"(ii) The requirement that the alien must provide the 
Attorney General immediately with a written record of any 
change of the alien's address or telephone number. 
"(iii) The consequences under subsection (c)(2) of failure 
to provide address and telephone information pursuant to 
this subparagraph. 
"(2) NOTICE OF TIME AND PLACE OF PROCEEDINGS.—In deporta-
tion proceedings under section 242— 
"(A) written notice shall be given in person to the alien 
(or, if personal service is not practicable, written notice 
shall be given by certified mail to the alien or to the alien's 
counsel of record, if any), in the order to show cause or 
otherwise, of— 
"(i) the time and place at which the proceedings will 
be held, and 
"(ii) the consequences under subsection (c) df the 
failure to appear at such proceedings; and 
"(B) in the case of any change or postponement in the 
time and place of such proceedings, written notice shall be 
given in person to the alien (or, if personal service is not 
practicable, written notice shall be given by certified mail 
to the alien or to the alien's counsel of record, if any) o
f
— 
"(i) the new time or place of the proceedings, and 
"(ii) the consequences under subsection (c) of failing, 
except under exceptional circumstances, to attend such 
proceedings. 
"(3) FORM OF INFORMATION.—Each order to show cause or 
other notice under this subsection— 
"(A) shall be in English and Spanish, and 
"(B) shall specify that the alien may be represented by an 
attorney in deportation proceedings under section 242 and 
will be provided, in accordance with subsection (b)(1), a 
period of time in order to obtain counsel and a current list 
described in subsection (b)(2). 
Records. 
"(4) CENTRAL ADDRESS FILES.—The Attorney General shall 
create a system to record and preserve on a timely basis notices 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5063 
of addresses and telephone numbers (and changes) provided 
under paragraph (1)(F). 
"(b) SECURING OF COUNSEL.— 
"(1) IN GENERAL.—In order that an alien be permitted the 
opportunity to secure counsel before the first hearing date in 
proceedings under section 242, the hearing date shall not be 
scheduled earlier than 14 days after the service of the order to 
show cause. 
"(2) CURRENT LISTS OF COUNSEL.—The Attorney General shall 
provide for lists (updated not less often than quarterly) of 
persons who have indicated their availability to represent aliens 
in proceedings under section 242. 
"(c) CONSEQUENCES OF FAILURE TO APPEAR.— 
"(1) IN GENERAL.—Any alien who, after written notice re-
quired under subsection (a)(2) has been provided to the alien or 
the alien's counsel of record, except as provided in paragraph 
(2), does not attend a proceeding under section 242, shall be 
ordered deported under section 242(b)(1) in absentia if the Serv-
ice establishes by clear, unequivocal, and convincing evidence 
that, except as provided in paragraph (2), the written notice was 
so provided and that the alien is deportable. 
"(2) No NOTICE IF FAILURE TO PROVIDE ADDRESS INFORMATION.— 
No written notice shall be required under paragraph (1) if the 
alien has failed to provide the address required under subsec-
tion (a)(1)(F). Such written notice shall be considered sufficient 
if provided at the most recent address provided under such 
subsection. 
"(3) RESCISSION OF ORDER.—Such an order may be rescinded 
only— 
"(A) upon a motion to reopen filed within 180 days after 
the date of the order of deportation if the alien dem-
onstrates that the failure to appear was because of excep-
tional circumstances (as defined in subsection (f)(2)), or 
"(B) upon a motion to reopen filed at any time if the alien 
demonstrates that the alien did not receive notice in accord-
ance with subsection (a)(2) or the alien demonstrates that 
the alien was in Federal or State custody and did not 
appear through no fault of the alien. 
The filing of the motion to reopen described in subparagraph (A) 
or (B) shall stay the deportation of the alien pending disposition 
of the motion. 
"(4) EFFECT ON JUDICIAL REVIEW.—Any petition for review 
under section 106 of an order entered in absentia under this 
subsection shall, notwithstanding such section, be filed not later 
than 60 days after the date of the final order of deportation and 
shall (except in cases described in section 106(a)(5)) be confined 
to the issues of the validity of the notice provided to the alien, to 
the reasons for the alien's not attending the proceeding, and to 
whether or not clear, convincing, and unequivocal evidence of 
deportability has been established. 
"(d) TREATMENT OF FRIVOLOUS BEHAVIOR.—The Attorney General Regulations, 
shall, by regulation— 
"(1) define in a proceeding before a special inquiry officer or 
before an appellate administrative body under this title, frivo-
lous behavior for which attorneys may be sanctioned, 
39-194 O - 91 - 22 : QL 3 Part 6 
104 STAT. 5064 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(2) specify the circumstances under which an administrative 
appeal of a decision or ruling will be considered frivolous and 
will be summarily dismissed, and 
"(3) impose appropriate sanctions (which may include suspen-
sion and disbarment) in the case of frivolous behavior. 
Nothing in this subsection shall be construed £is limiting the author-
ity of the Board to take actions with respect to inappropriate 
behavior. 
"(e) 
LIMITATION ON DISCRETIONARY RELIEF FOR FAILURE TO 
APPEAR.— 
"(1) AT DEPORTATION PROCEEDINGS.—Any alien against whom 
a final order of deportation is entered in absentia under this 
section and who, at the time of the notice described in subsec-
tion (aX2), w£is provided oral notice, either in the alien's native 
language or in another language the alien understands, of the 
time and place of the proceedings and of the consequences 
under this paragraph of failing, other than because of excep-
tional circumstances (as defined in subsection (fX2)) to attend a 
proceeding under section 242, shall not be eligible for relief 
described in paragraph (5) for a period of 5 years after the date 
of the entry of the final order of deportation. 
"(2) VOLUNTARY DEPARTURE.— 
"(A) IN GENERAL.—Subject to subparagraph (B), any alien 
allowed to depart voluntarily under section 244(eXl) or who 
has Eigreed to depart voluntarily at his own expense under 
section 242(bXl) who remains in the United States after the 
scheduled date of departure, other than because of excep-
tional circumstances, shall not be eligible for relief de-
scribed in paragraph (5) for a period of 5 years after the 
scheduled date of departure or the date of unlawful reentry, 
respectively. 
(B) WRITTEN AND ORAL NOTICE REQUIRED.—Subparagraph 
(A) shall not apply to an alien allowed to depart voluntarily 
unless, before such departure, the Attorney General has 
provided written notice to the alien in English and Spanish 
and oral notice either in the alien's native language or in 
another language the alien understands of the con-
sequences under subparagraph (A) of the alien's remaining 
in the United States after the scheduled date of departure, 
other than because of exceptional circumstances. 
"(3) FAILURE TO APPEAR UNDER DEPORTATION ORDER.— 
"(A) IN GENERAL.—Subject to subparagraph (B), any alien 
against whom a final order of deportation is entered under 
this section and who fails, other than because of exceptional 
circumstances, to appear for deportation at the time and 
place ordered shall not be eligible for relief described in 
parsigraph (5) for a period of 5 years after the date the alien 
was required to appear for deportation. 
"(B) WRITTEN AND ORAL NOTICE REQUIRED.—Subparagraph 
(A) shall not apply to an alien against whom a deportation 
order is entered unless the Attorney General has provided, 
orally in the alien's native language or in another language 
the alien understands and in the fined order of deportation 
under this section of the consequences under subparagraph 
(A) of the alien's failure, other than because of exceptional 
circumstances, to appear for deportation at the time and 
place ordered. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5065 
"(4) FAILURE TO APPEAR FOR ASYLUM HEARING.— 
"(A) IN GENERAL.—Subject to subparagraph (B), any 
alien— 
"(i) whose period of authorized stay (if any) has ex-
pired through the passage of time, 
"(ii) who has filed an application for asylum, and 
"(iii) who fails, other than because of exceptional 
circumstances, to appear at the time and place speci-
fied for the asylum hearing, 
shall not be eligible for relief described in paragraph (5) for 
a period of 5 years after the date of the asylum hearing. 
"(B) WRITTEN AND ORAL NOTICE REQUIRED.—Subparagraph 
' 
(A) shall not apply in the case of an alien with respect to 
failure to be present at a hearing unless— 
"(i) written notice in English and Spanish, and oral 
notice either in the alien's native language or in an-
other language the alien understands, was provided to 
the alien of the time and place at which the asylum 
hearing will be held, and in the case of any change or 
postponement in such time or place, written notice in 
English and Spanish, and oral notice either in the 
alien's native language or in another language the 
alien understands, was provided to the alien of the new 
time or place of the hearing; and 
"(ii) notices under clause (i) specified the con-
sequences under subparagraph (A) of failing, other 
than because of exceptional circumstances, to attend 
such hearing. 
"(5) RELIEF COVERED.—The relief described in this paragraph 
is— 
"(A) relief under section 212(c), 
"(B) voluntary departure under section 242(b)(1), 
"(C) suspension of deportation or voluntary departure 
under section 244, and 
"(D) adjustment or change of status under section 245, 
248, or 249. 
"(f) DEFINITIONS.—In this section: 
"(1) The term 'certified mail' means certified mail, return 
receipt requested. 
"(2) The term 'exceptional circumstances' refers to excep-
tional circumstances (such as serious illness of the alien or 
death of an immediate relative of the alien, but not including 
less compelling circumstances) beyond the control of the alien.'. 
(b) 
JUDICIAL 
REVIEW.—Section 
106(a) (8 U.S.C. 1105a) is 
amended— 
(1) in paragraph (1), by striking "6 months" and inserting "90 
days", 
(2) by redesignating paragraphs (6) through (9) as paragraphs 
(7) through (10), respectively, and 
(3) by inserting after paragraph (5) the following new para-
graph: 
"(6) whenever a petitioner seeks review of an order under this 
section, any review sought with respect to a motion to reopen or 
reconsider such an order shall be consolidated with the review 
of the order;". 
(c) REPORT ON CONSOLIDATION OF REQUESTS FOR RELIEF.—The 
Attorney General shall submit to the Congress by not later than 6 
104 STAT. 5066 
PUBLIC LAW 101-649—NOV. 29, 1990 
8 use 1252 note. 
8 use 1252b 
note. 
Reports. 
months after the date of the enactment of this Act, a report on 
abuses associated with the failure of aliens to consolidate requests 
for discretionary relief before immigration judges at the first hear-
ing on the merits. The Attorney General shall take into account 
possible exceptions appropriate in the interest of justice and shall 
include in the report such recommendations for changes in regula-
tions or law as may be needed to prevent such abuses. 
(d) REGULATIONS ON MOTIONS TO REOPEN AND TO RECONSIDER AND 
ON ADMINISTRATIVE APPEALS.—Within 6 months after the date of 
the enactment of this Act, the Attorney General shall issue regula-
tions with respect to— 
(1) the period of time in which motions to reopen and to 
reconsider may be offered in deportation proceedings, which 
regulations include a limitation on the number of such motions 
that may be filed and a maximum time period for the filing of 
such motions; and 
(2) the time period for the filing of administrative appeals in 
deportation proceedings and for the filing of appellate and reply 
briefs, which regulations include a limitation on the number of 
administrative appeals that may be made, a maximum time 
period for the filing of such motions and briefs, the items to be 
included in the notice of appeal, and the consolidation of mo-
tions to reopen or to reconsider with the appeal of the order of 
deportation. 
(e) CONFORMING AMENDMENT.—The 8th sentence of section 242(b) 
(8 U.S.C. 1252(b)) is amended to read as follows: "Such regulations 
shall include requirements consistent with section 242B.". 
(f) CLERICAL AMENDMENT.—The table of contents is amended by 
inserting after the item relating to section 242A the following new 
item: 
"Sec. 242B. Deportation procedures.". 
(g) EFFECTIVE DATES.— 
(1) NOTICE-RELATED PROVISIONS.— 
(A) Subsections (a), (b), (c), and (eXD of section 242B of the 
Immigration and Nationality Act (as inserted by the 
amendment made by subsection (a)), and the amendment 
made by subsection (e), shall be effective on a date specified 
by the Attorney General in the certification described in 
subparagraph (B), which date may not be earlier than 6 
months gifter the date of such certification. 
(B) The Attorney General shall certify to the Congress 
when the central address file system (described in section 
242B(aX4) of the Immigration and Nationality Act) has been 
established. 
(C) The Comptroller General shall submit to Congress, 
within 3 months after the date of the Attorney General's 
certification under subparagraph (B), a report on the ade-
quacy of such system. 
(2) CERTAIN UMITS ON DISCRETIONARY REUEF; SANCTIONS FOR 
FRIVOLOUS BEHAVIOR.—Subsections (d), (eX2), and (eX3) of section 
242B of the Immigration and Nationality Act (as inserted by the 
amendment made by subsection (a)) shall be effective on the 
date of the enactment of this Act. 
(3) LIMITS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR IN 
ASYLUM HEARING.—Subsection (eX4) of section 242B of the 
Immigration and Nationality Act (as inserted by the amend-
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5067 
merit made by subsection (a)) shall be effective on February 1, 
1991. 
(4) 
CONSOLIDATION OF RELIEF IN JUDICIAL REVIEW.—The 
amendments made by subsection (b) shall apply to final orders 
of deportation entered on or after January 1,1991. 
TITLE VI—EXCLUSION AND 
DEPORTATION 
SEC. 601. REVISION OF GROUNDS FOR EXCLUSION. 
(a) REVISED GROUNDS FOR EXCLUSION.—Subsection (a) of section 
212 (8 U.S.C. 1182) is amended to read as follows: 
"(a) CLASSES OF EXCLUDABLE ALIENS.—Except as otherwise pro-
vided in this Act, the following describes classes of excludable aliens 
who are ineligible to receive visas and who shall be excluded from 
admission into the United States: 
"(1) HEALTH-RELATED GROUNDS.— 
Regulations. 
"(A) IN GENERAL.—Any alien— 
"(i) who is determined (in accordance with regula-
tions prescribed by the Secretary of Health and Human 
Services) to have a communicable disease of public 
health significance, 
"(ii) who is determined (in accordance with regula-
tions prescribed by the Secretary of Health and Human 
Services in consultation with the Attorney General)— 
"(I) to have a physical or mental disorder and 
behavior associated with the disorder that may 
pose, or has posed, a threat to the property, safety, 
or welfare of the alien or others, or 
"(11) to have had a physical or mental disorder 
and a history of behavior associated with the dis-
order, which behavior has posed a threat to the 
property, safety, or welfare of the alien or others 
and which behavior is likely to recur or to lead to 
other harmful behavior, 
"(iii) who is determined (in accordance with regula-
tions prescribed by the Secretary of Health and Human 
Services) to be a drug abuser or addict, 
is excludable. 
"(B) WAIVER AUTHORIZED.—For provision authorizing 
waiver of certain clauses of subparagraph (A), see subsec-
tion (g). 
"(2) CRIMINAL AND RELATED GROUNDS.— 
"(A) CONVICTION OF CERTAIN CRIMES.— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
any alien convicted of, or who admits having commit-
ted, or who admits committing acts which constitute 
the essential elements o
f
— 
"(I) a crime involving moral turpitude (other 
than a purely political offense), or 
"(II) a violation of (or a conspiracy to violate) any 
law or regulation of a State, the United States, or a 
foreign country relating to a controlled substance 
(as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)), 
104 STAT. 5068 
PUBLIC LAW 101-649—NOV. 29, 1990 
is excludable. 
"(ii) EXCEPTION.—Clause (iXD shall not apply to an 
alien who committed only one crime if— 
"(I) the crime was committed when the alien was 
under 18 years of age, and the crime was commit-
ted (and the alien released from any confinement 
to a prison or correctional institution imposed for 
the crime) more than 5 years before the date of 
application for a visa or other documentation and 
the date of application for admission to the United 
States, or 
"(II) the maximum penalty possible for the crime 
of which the alien was convicted (or which the 
alien admits having committed or of which the acts 
that the alien admits having committed con-
stituted the essential elements) did not exceed 
imprisonment for one year and, if the alien was 
convicted of such crime, the alien was not sen-
tenced to a term of imprisonment in excess of 6 
months (regardless of the extent to which the sen-
tence was ultimately executed). 
"(B) MULTIPLE CRIMINAL CONVICTIONS.—Any alien con-
victed of 2 or more offenses (other than purely political 
offenses), regardless of whether the conviction was in a 
single trial or whether the offenses arose from a single 
scheme of misconduct and regardless of whether the of-
fenses involved moral turpitude, for which the aggregate 
sentences to confinement actually imposed were 5 years or 
more is excludable. 
"(C) CONTROLLED SUBSTANCE TRAFFICKERS.—Any alien 
who the consular or immigration officer knows or has 
reason to believe is or has been an illicit trafficker in any 
such controlled substance or is or has been a knowing 
assister, abettor, conspirator, or coUuder with others in the 
illicit trafficking in any such controlled substance, is 
excludable, 
"(D) PROSTITUTION AND COMMERCIAUZED VICE.—Any alien 
who— 
"(i) is coming to the United States solely, principally, 
or incidentally to engage in prostitution, or has en-
gaged in prostitution within 10 years of the date of 
application for a visa, entry, or adjustment of status, 
"(ii) directly or indirectly procures or attempts to 
procure, or (within 10 years of the date of application 
for a visa, entry, or adjustment of status) procured or 
attempted to procure or to import, prostitutes or per-
sons for the purpose of prostitution, or receives or 
(within such 10-year period) received, in whole or in 
part, the proceeds of prostitution, or 
"(iii) is coming to the United States to engage in any 
other unlawful commercialized vice, whether or not 
related to prostitution, 
is excludable. 
"(E) 
CERTAIN ALIENS INVOLVED IN SERIOUS CRIMINAL 
ACTIVITY WHO HAVE ASSERTED IMMUNITY FROM PROSECU-
TION.—Any alien— 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5069 
"(i) who has committed in the United States at any 
time a serious criminal offense (as defined in section 
101(h)), 
"(ii) for whom immunity from criminal jurisdiction 
was exercised with respect to that offense, 
"(iii) who as a consequence of the offense and exer-
cise of immunity has departed from the United States, 
and 
"(iv) who hgis not subsequently submitted fully to the 
jurisdiction of the court in the United States having 
jurisdiction with respect to that offense, 
is excludable. 
"(F) WAIVER AUTHORIZED.—For provision authorizing 
waiver of certain subparagraphs of this paragraph, see 
subsection (h). 
*(3) SECURITY AND RELATED GROUNDS.— 
"(A) IN GENERAL.—Any alien who a consular officer or 
the Attorney General knows, or has reasonable ground to 
believe, seeks to enter the United States to engage solely, 
principally, or incidentally in— 
"(i) any activity to violate any law of the United 
States relating to espionage or sabotage or to violate or 
evade any law prohibiting the export from the United 
States of goods, technology, or sensitive information, 
"(ii) any other unlawful activity, or 
"(iii) any activity a purpose of which is the opposition 
to, or the control or overthrow of, the Government of 
the United States by force, violence, or other unlawful 
means, 
is excludable. 
"(B) TERRORIST ACTIVITIES.— 
"(i) IN GENERAL.—Any alien who— 
"(I) has engaged in a terrorist activity, or 
"(II) a consular officer or the Attorney General 
knows, or has reasonable ground to believe, is 
likely to engage after entry in any terrorist activ-
ity (as defined in clause (iii)), 
is excludable. An alien who is an officer, official, rep- Palestine 
resentative, or spokesman of the Palestine Liberation 
Liberation 
Organization is considered, for purposes of this Act, to 
Organization. 
be engaged in a terrorist activity. 
"(ii) TERRORIST ACTIVITY DEFINED.—As used in this 
Act, the term 'terrorist activity' means any activity 
which is unlawful under the laws of the place where it 
is committed (or which, if committed in the United 
States, would be unlawful under the laws of the United 
States or any State) and which involves any of the 
following: 
"(I) The highjacking or sabotage of any convey-
ance (including an aircraft, vessel, or vehicle). 
"(II) The seizing or detaining, and threatening to 
kill, injure, or continue to detain, another individ-
ual in order to compel a third person (including a 
governmental organization) to do or abstain from 
doing any act as an explicit or implicit condition 
for the release of the individual seized or detained. 
104 STAT. 5070 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(HI) A violent attack upon an internationally 
protected person (as defined in section 1116(b)(4) of 
title 18, United States Code) or upon the liberty of 
such a person. 
"(IV) An assassination. 
"(V) The use of any— 
"(a) biological agent, chemical agent, or nu-
clear weapon or device, or 
"(b) explosive or firearm (other than for 
mere personal monetary gain), 
with intent to endanger, directly or indirectly, the 
safety of one or more individuals or to cause 
substantial damage to property. 
"(VI) A threat, attempt, or conspiracy to do any 
of the foregoing, 
"(iii) ENGAGE IN TERRORIST ACTIVITY DEFINED,—As 
used in this Act, the term 'engage in terrorist activity' 
means to commit, in an individual capacity or as a 
member of an organization, an act of terrorist activity 
or an act which the actor knows, or reasonably should 
know, affords material support to any individual, 
organization, or government in conducting a terrorist 
activity at any time, including any of the following 
acts: 
"(I) The preparation or planning of a terrorist 
activity. 
"(II) The gathering of information on potential 
targets for terrorist activity. 
"(Ill) The providing of any type of material sup-
port, including a safe house, 
transportation, 
communications, funds, false identification, weap-
ons, explosives, or training, to any individual the 
actor knows or has reason to believe has commit-
ted or plans to commit an act of terrorist activity. 
"(IV) The soliciting of funds or other things of 
value for terrorist activity or for any terrorist 
organization. 
(V) The solicitation of any individual for mem-
bership in a terrorist 
organization, 
terrorist 
government, or to engage in a terrorist activity. 
"(C) FOREIGN POUCY.— 
"(i) IN GENERAL.—An alien whose entry or proposed 
activities in the United States the Secretary of State 
has reasonable ground to believe would have poten-
tially serious adverse foreign policy consequences for 
the United States is excludable. 
"(ii) EXCEPTION FOR OFFICIALS.—An alien who is an 
official of a foreign government or a purported govern-
ment, or who is a candidate for election to a foreign 
government office during the period immediately 
preceding the election for that office, shall not be 
excludable or subject to restrictions or conditions on 
entry into the United States under clause (i) solely 
because of the alien's past, current, or expected beliefs, 
statements, or associations, if such beliefs, statements, 
or associations would be lawful within the United 
States. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5071 
"(iii) EXCEPTION FOR OTHER ALIENS.—An alien, not 
described in clause (ii), shall not be excludable or sub-
ject to restrictions or conditions on entry into the 
United States under clause (i) because of the alien's 
past, current, or expected beliefs, statements, or 
associations, if such beliefs, statements, or associations 
would be lawful within the United States, unless the 
Secretary of State personally determines that the 
alien's admission would compromise a compelling 
United States foreign policy interest. 
"(iv) NOTIFICATION OF DETERMINATIONS.—If a deter-
mination is made under clause (iii) with respect to an 
alien, the Secretary of State must notify on a timely 
basis the chairmen of the Committees on the Judiciary 
and Foreign Affairs of the House of Representatives 
and of the Committees on the Judiciary and Foreign 
Relations of the Senate of the identities of the alien and 
the reasons for the determination. 
'(D) IMMIGRANT MEMBERSHIP IN TOTAUTARIAN PARTY.— 
"(i) IN GENERAL.—Any immigrant who is or has been 
a member of or affiliated with the Communist or any 
other totalitarian party (or subdivision or affiliate 
thereof), domestic or foreign, is excludable. 
"(ii) 
EXCEPTION FOR INVOLUNTARY MEMBERSHIP.— 
Clause (i) shall not apply to an alien because of mem-
bership or affiliation if the alien establishes to the 
satisfaction of the consular officer when applying for a 
visa (or to the satisfaction of the Attorney General 
when applying for admission) that the membership or 
affiliation is or was involuntary, or is or was solely 
when under 16 years of age, by operation of law, or for 
purposes of obtaining employment, food rations, or 
other essentials of living and whether necessary for 
such purposes. 
"(iii) EXCEPTION FOR PAST MEMBERSHIP.—Clause (i) 
shall not apply to an alien because of membership or 
affiliation if the alien establishes to the satisfaction of 
the consular officer when applying for a visa (or to the 
satisfaction of the Attorney General when appl)dng for 
admission) that— 
"(I) the membership or affiliation terminated at 
least— 
"(a) 2 years before the date of such applica-
tion, or 
"(b) 5 years before the date of such applica-
tion, in the case of an alien whose membership 
or affiliation was with the party controlling 
the government of a foreign state that is a 
totalitarian dictatorship £is of such date, and 
"(II) the alien is not a threat to the security of 
the United States, 
"(iv) 
EXCEPTION FOR CLOSE FAMILY MEMBERS.—The 
Attorney General may, in the Attorney General's 
discretion, waive the application of clause (i) in the case 
of an immigrant who is the parent, spouse, son, daugh-
ter, brother, or sister of a citizen of the United States or 
a spouse, son, or daughter of an alien lawfully admitted 
104 STAT. 5072 
PUBLIC LAW 101-649-NOV. 29, 1990 
for permanent residence for humanitarian purposes, to 
assure family unity, or when it is otherwise in the 
pubUc interest if the alien is not a threat to the secu-
rity of the United States. 
Germany. 
"(E) PARTICIPANTS IN NAZI PERSECUTIONS OR GENOCIDE.— 
"(i) PARTICIPATION IN NAZI PERSECUTIONS.—Any alien 
who, during the period beginning on March 23, 1933, 
and ending on May 8,1945, under the direction of, or in 
association with— 
"(I) the Nazi government of Gtermany, 
"(II) any government in any area occupied by 
the military forces of the Nazi government of 
Germany, 
"(III) any government established with the 
assistance or cooperation of the Nazi government 
of Germany, or 
"(IV) any government which was an ally of the 
Nazi government of (Jermany, 
ordered, incited, assisted, or otherwise participated in 
the persecution of any person because of race, religion, 
national origin, or political opinion is excludable. 
"(ii) PARTICIPATION IN GENOCIDE.—Any alien who has 
engaged in conduct that is defined as genocide for 
purposes of the International Convention on the 
Prevention and Punishment of Genocide is excludable. 
"(4) PuBUC CHARGE.—Any alien who, in the opinion of the 
consular officer at the time of application for a visa, or in the 
opinion of the Attorney General at the time of application for 
admission or adjustment of status, is likely at any time to 
become a public charge is excludable. 
"(5) LABOR CERTIFICATION AND QUAUFICATIONS FOR CERTAIN 
IMMIGRANTS.— 
"(A) LABOR CERTIFICATION.— 
"(i) IN GENERAL.—Any alien who seeks to enter the 
United States for the purpose of performing skilled or 
unskilled labor is excludable, unless the Secretary of 
Labor has determined and certified to the Secretary of 
State and the Attorney General that— 
"(I) there are not sufficient workers who are 
able, willing, qualified (or equally qualified in the 
case of an alien described in clause (ii)) and avail-
able at the time of application for a visa and 
admission to the United States and at the place 
where the alien is to perform such skilled or un-
skilled labor, and 
"(II) the employment of such alien will not ad-
versely affect the wages and working conditions of 
workers in the United States similarly employed, 
"(ii) CERTAIN ALIENS SUBJECT TO SPECIAL RULE.—For 
purposes of clause (iXD, an alien described in this 
clause is an alien who— 
"(I) is a member of the teaching profession, or 
"(II) has exceptional ability in the sciences or the 
arts. 
"(B) UNQUALIFIED PHYSICIANS.—An alien who is a grad-
uate of a medical school not accredited by a body or bodies 
approved for the purpose by the Secretary of Education 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5073 
(regardless of whether such school of medicine is in the 
United States) and who is coming to the United States 
principally to perform services as a member of the medical 
profession is excludable, unless the alien (i) has passed 
parts I and II of the National Board of Medical Examiners 
Examination (or an equivalent examination as determined 
by the Secretary of Health and Human Services) and (ii) is 
competent in oral and written English. For purposes of the 
previous sentence, an alien who is a graduate of a medical 
school shall be considered to have passed parts I and II of 
the National Board of Medical Examiners if the alien was 
fully and permanently licensed to practice medicine in a 
State on January 9, 1978, and was practicing medicine in a 
State on that date. 
"(C) APPLICATION OF GROUNDS.—The grounds for exclu-
sion of aliens under subparagraphs (A) and (B) shall apply 
to preference immigrant aliens described in paragraph (3) 
or (6) of section 203(a) and to nonpreference immigrant 
aliens described in section 203(a)(7). 
'(6) ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.— 
"(A) ALIENS PREVIOUSLY DEPORTED.—Any alien who has 
been excluded from admission and deported and who again 
seeks admission within one year of the date of such deporta-
tion is excludable, unless prior to the alien's reembarkation 
at a place outside the United States or attempt to be 
admitted from foreign contiguous territory the Attorney 
General has consented to the alien's reapplying for admis-
sion. 
"(B) CERTAIN ALIENS PREVIOUSLY REMOVED.—Any alien 
who— 
"(i) has been arrested and deported, 
"(ii) has fallen into distress and has been removed 
pursuant to this or any prior Act, 
"(iii) has been removed as an alien enemy, or 
"(iv) has been removed at Government expense in 
lieu of deportation pursuant to section 242(b), 
and who seeks admission within 5 years of the date of such 
deportation or removal (or within 20 years in the case of an 
alien convicted of an aggravated felony) is excludable, 
unless before the date of the alien's embarkation or 
reembarkation at a place outside the United States or 
attempt to be admitted from foreign contiguous territory 
the Attorney General has consented to the alien's applying 
or reapplying for admission. 
"(C) MISREPRESENTATION.— 
"(i) IN GENERAL.—Any alien who, by fraud or will- Fraud, 
fully misrepresenting a material fact, seeks to procure 
(or has sought to procure or has procured) a visa, other 
documentation, or entry into the United States or other 
benefit provided under this Act is excludable. 
"(ii) WAIVER AUTHORIZED.—For provision authorizing 
waiver of clause (i), see subsection (i). 
"(D) STOWAWAYS.—Any alien who is a stowaway is 
excludable. 
"(E) SMUGGLERS.— 
"(i) IN GENERAL.—Any alien who at any time know-
ingly has encouraged, induced, assisted, abetted, or 
104 STAT. 5074 
PUBLIC LAW 101-649—NOV. 29, 1990 
aided any other alien to enter or to try to enter the 
United States in violation of law is excludable. 
"(ii) WAIVER AUTHORIZED.—For provision authorizing 
waiver of clause (i), see subsection (d)(ll). 
"(F) SUBJECT OF CIVIL PENALTY.—An alien who is the 
subject of a final order for violation of section 274C is 
excludable. 
"(7) DOCUMENTATION REQUIREMENTS.— 
"(A) IMMIGRANTS.— 
"(i) IN GENERAL.—Except as otherwise specifically 
provided in this Act, any immigrant at the time of 
application for admission— 
"(I) who is not in possession of a valid unexpired 
immigrant visa, reentry permit, border crossing 
identification card, or other valid entry document 
required by this Act, and a valid unexpired pass-
port, or other suitable travel document, or docu-
ment of identity and nationality if such document 
is required under the regulations issued by the 
Attorney General under section 211(a), or 
"(II) whose visa has been issued without compli-
ance with the provisions of section 203, 
is excludable. 
"(ii) WAIVER AUTHORIZED.—For provision authorizing 
waiver of clause (i), see subsection (k). 
"(B) NONIMMIGRANTS.— 
"(i) IN GENERAL.—Any nonimmigrant who— 
"(I) is not in possession of a passport valid for a 
minimum of six months from the date of the 
expiration of the initial period of the alien's admis-
sion or contemplated initial period of stay authoriz-
ing the alien to return to the country from which 
the alien came or to proceed to and enter some 
other country during such period, or 
"(II) is not in possession of a valid nonimmigrant 
visa or border crossing identification card at the 
time of application for admission, 
is excludable. 
"(ii) GENERAL WAIVER AUTHORIZED.—For provision 
authorizing waiver of clause (i), see subsection (dX4). 
"(iii) GUAM VISA WAIVER.—For provision authorizing 
waiver of clause (i) in the case of visitors to Guam, see 
subsection (1). 
"(iv) VISA WAIVER PILOT PROGRAM.—For authority to 
waive the requirement of clause (i) under a pilot pro-
gram, see section 217. 
"(8) INEUGIBLE FOR CITIZENSHIP.— 
"(A) IN GENERAL.—Any immigrant who is permanently 
ineligible to citizenship is excludable. 
"(B) DRAFT EVADERS.—Any alien who has departed from 
or who has remained outside the United States to avoid or 
evade training or service in the armed forces in time of war 
or a period declared by the President to be a national 
emergency is excludable, except that this subparagraph 
shall not apply to an alien who at the time of such depar-
ture was a nonimmigrant and who is seeking to reenter the 
United States as a nonimmigrant. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5075 
"(9) MISCELLANEOUS.— 
"(A) PRACTICING POLYGAMISTS.—Any immigrant who is 
coming to the United States to practice polygamy is exclud-
able. 
"(B) 
GUARDIAN 
REQUIRED TO ACCOMPANY EXCLUDED 
AUEN.—Any alien accompanying another alien ordered to 
be excluded and deported and certified to be helpless from 
sickness or mental or physical disability or infancy pursu-
ant to section 237(e), whose protection or guardianship is 
required by the alien ordered excluded and deported, is 
excludable. 
"(C) INTERNATIONAL CHILD ABDUCTION.— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
any alien who, after entry of a court order granting 
custody to a citizen of the United States of a child 
having a lawful claim to United States citizenship, 
detains, retains, or withholds custody of the child out-
side the United States from the United States citizen 
granted custody, is excludable until the child is surren-
dered to such United States citizen. 
"(ii) EXCEPTION.—Clause (i) shall not apply to an 
alien who is a national of a foreign state that is a 
signatory to the Hague Convention on the Civil Aspects 
of International Child Abduction.". 
(b) NOTICE OF GROUNDS FOR EXCLUSION.—Such section is amended 
8 use 1182. 
by striking subsection (b) and inserting the following new subsec-
tion: 
"(b) NOTICES OF DENIALS.—If an alien's application for a visa, for 
admission to the United States, or for adjustment of status is denied 
by an immigration or consular officer because the officer determines 
the alien to be excludable under subsection (a), the officer shall 
provide the alien with a timely written notice that— 
"(1) states the determination, and 
"(2) lists the specific provision or provisions of law under 
which the alien is excludable or ineligible for entry or adjust-
ment of status.". 
(c) REVIEW OF EXCLUSION LISTS.—The Attorney General and the 8 use 1182 note. 
Secretary of State shall develop protocols and guidelines for updat-
ing lookout books and the automated visa lookout system and 
similar mechanisms for the screening of aliens applying for visas for 
admission, or for admission, to the United States. Such protocols and 
guidelines shall be developed in a manner that ensures that in the 
case of an alien— 
(1) whose name is in such system, and 
(2) who either (A) applies for entry after the effective date of 
the amendments made by this section, or (B) requests (in writ-
ing to a local consular office after such date) a review, without 
seeking admission, of the alien's continued excludability under 
the Immigration and Nationality Act, 
if the alien is no longer excludable because of an amendment made 
by this section the alien's name shall be removed from such books 
and system and the alien shall be informed of such removal and if 
the alien continues to be excludable the alien shall be informed of 
such determination. 
(d) CONFORMING AMENDMENTS TO SECTION 212.— 
(1) Subsection (c) of section 212 (8 U.S.C. 1182) is amended by 
striking "paragraph (1) through (25) and paragraphs (30) and 
104 STAT. 5076 
PUBLIC LAW 101-649—NOV. 29, 1990 
(31) of subsection (a)" and inserting "subsection (a) (other than 
subparagraphs (A), (B), (C), or (E) of paragraph (3))". 
8 use 1182. 
(2) Subsection (d) of such section is amended— 
(A) by striking paragraphs (1), (2), (6), (9), and (10); 
(B) in paragraph (3)— 
(i) by striking "under one or more of the paragraphs 
enumerated in subsection (a) (other than paragraphs 
(27), (29), and (33))" and inserting "under subsection (a) 
(other than paragraphs (3XA), (3XC), and (3)(D) of such 
subsection)" each place it appears, and 
(ii) by adding at the end the following new sentence: 
Regulations. 
"The Attorney General shall prescribe conditions, 
including exaction of such bonds as may be necessary, 
to control and regulate the admission and return of 
excludable aliens applying for temporary admission 
under this paragraph.'; 
(C) in paragraph (4), by striking "(26)" and inserting 
"(7)(B)(i)"; 
(D) in paragraph (7), by striking "of this section, except 
paragraphs (20), (21), and (26)," and inserting "(other than 
paragraph (7))"; 
(E) in paragraph (8), by striking "(26), (27), and (29)" and 
inserting "(3XA), (3XB), (3XC), and (7XB)"; and 
(F) by adding at the end the following new paragraph: 
"(11) The Attorney General may, in his discretion for humani-
tarian purposes, to assure family unity, or when it is otherwise in 
the public interest, waive application of clause (i) of subsection 
(a)(6)(E) in the case of any alien lawfully admitted for permanent 
residence who temporarily proceeded abroad voluntary and not 
under an order of deportation, and who is otherwise admissible to 
the United States as a returning resident under section 211(b) if the 
alien has encouraged, induced, assisted, abetted, or aided only the 
alien's spouse, parent, son, or daughter (and no other individual) to 
enter the United States in violation of law.". 
(3) Subsection (g) of such section is amended to read as 
follows: 
"(g) The Attorney General may waive the application of— 
"(1) section (a)(l)(A)(i) in the case of any alien who— 
"(A) is the spouse or the unmarried son or daughter, or 
the minor unmarried lawfully adopted child, of a United 
States citizen, or of an alien lawfully admitted for perma-
nent residence, or of an alien who has been issued an 
immigrant visa, or 
"(B) has a son or daughter who is a United States citizen, 
or an alien lawfully admitted for permanent residence, or 
an alien who has been issued an immigrant visa, or 
"(2) subsection (aXl)(A)(ii) in the case of any alien, 
in accordance with such terms, conditions, and controls, if any, 
including the giving of bond, as the Attorney Genersd, in his discre-
tion after consultation with the Secretary of Health and Human 
Services, may by regulation prescribe.". 
(4) Subsection (h) of such section is amended to read as 
follows: 
Drugs. 
"(h) The Attorney General may, in his discretion, waive the 
application of subparagraphs (A)(iXI), (B), (D), and (E) of subsection 
(aX2) and subparagraph (AXi)(n) of such subsection insofar as it 
relates to a single offense of simple possession of 30 grams or less of 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5077 
marijuana in the case of an immigrant who is the spouse, parent, 
son, or daughter of a citizen of the United States or alien lawfully 
admitted for permanent residence i
f
— 
"(1) it is established to the satisfaction of the Attorney Gen-
eral that— 
"(A) the alien is excludable only under subparagraph 
(D)(i) or (D)(ii) of such subsection or the activities for which 
the alien is excludable occurred more than 15 years before 
the date of the alien's application for a visa, entry, or 
adjustment of status, and 
"(B) the admission to the United States of such alien 
would not be contrary to the national welfare, safety, or 
security of the United States, and 
"(C) the alien has been rehabilitated; and 
"(2) the Attorney General, in his discretion, and pursuant to 
such terms, conditions and procedures as he may by regulations 
prescribe, has consented to the alien's applying or reapplying 
for a visa, for admission to the United States, or adjustment of 
status. 
No waiver shall be provided under this subsection in the case of an 
alien who has been convicted of (or who has admitted committing 
acts that constitute) murder or criminal acts involving torture.". 
(5) Subsection (i) of such section is amended to read as follows: 8 USC 1182. 
"(i) The Attorney General may, in his discretion, waive applica-
tion of clause (i) of subsection (a)(6)(C)— 
"(1) in the case of an alien who is the spouse, parent, or son or 
daughter of a United States citizen or of an alien lawfully 
admitted for permanent residence, or 
"(2) if the fraud or misrepresentation occurred at least 10 
years before the date of the alien's application for a visa, entry, 
or adjustment of status and it is established to the satisfaction 
of the Attorney General that the admission to the United States 
of such alien would not be contrary to the national welfare, 
safety, or security of the United States.". 
(6) Subsection (k) of such section is amended by striking 
"paragraph (14), (20), or (21)" and inserting "paragraph (5)(A) or 
(7)(A)(i)". 
(7) Subsection (1) of such section is amended by striking 
"paragraph (26)(B)" and inserting "paragraph (7)(B)(i)". 
(e) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the 8 USC lioi note, 
amendments made by this section and by section 603(a) of this Act 
shall apply to individuals entering the United States on or after 
June 1,1991. 
(2) The amendments made by paragraphs (5) and (13) of section 
603(a) shall apply to applications for adjustment of status made on 
or after June 1,1991. 
SEC. 602. REVISION OF GROUNDS FOR DEPORTATION. 
(a) REVISED GROUNDS FOR DEPORTATION.—Subsection (a) of section 
241 (8 U.S.C. 1251) is amended to read as follows: 
"(a) CLASSES OF DEPORTABLE ALIENS.—Any alien (including an 
alien crewman) in the United States shall, upon the order of the 
Attorney General, be deported if the alien is deportable as being 
within one or more of the following classes of aliens: 
"(1) EXCLUDABLE AT TIME OF ENTRY OR OF ADJUSTMENT OF 
STATUS OR VIOLATES STATUS.— 
, 
104 STAT. 5078 
PUBLIC LAW 101-649—NOV. 29, 1990 
"(A) EXCLUDABLE ALIENS.—Any alien who at the time of 
entry or adjustment of status was within one or more of the 
classes of aliens excludable by the law existing at such time 
is deportable. 
"(B) ENTERED WITHOUT INSPECTION.—Any alien who en-
tered the United States without inspection or at any time 
or place other than as designated by the Attorney General 
or is in the United States in violation of this Act or any 
other law of the United States is deportable. 
"(C) VIOLATED NONIMMIGRANT STATUS OR CONDITION OF 
ENTRY.— 
"(i) NONIMMIGRANT STATUS VIOLATORS.—Any alien 
who was admitted as a nonimmigrant and who has 
failed to maintain the nonimmigrant status in which 
the ali^n was admitted or to which it was changed 
under section 248, or to comply with the conditions of 
any such status, is deportable. 
"(ii) VIOLATORS OF CONDITIONS OF ENTRY.—Any alien 
whom the Secretary of Health and Human Services 
certifies has failed to comply with terms, conditions, 
and controls that were imposed under section 212(g) is 
deportable. 
"(D) TERMINATION OF CONDITIONAL PERMANENT RESI-
DENCE.— 
"(i) IN GENERAL.—Any alien with permanent resident 
status on a conditional basis under section 216 (relating 
to conditional permanent resident status for certain 
alien spouses and sons and daughters) or under section 
216A (relating to conditional permanent resident status 
for certain alien entrepreneurs, spouses, and children) 
who has had such status terminated under such section 
is deportable. 
"(ii) EXCEPTION.—Clause (i) shall not apply in the 
cases described in section 216(c)(4) (relating to certain 
hardship waivers). 
"(E) SMUGGLING.— 
"(i) IN GENERAL.—Any alien who (prior to the date of 
entry, at the time of entry, or within 5 years of the date 
of entry) knowingly has encouraged, induced, assisted, 
abetted, or aided any other alien to enter or to try to 
enter the United States in violation of law is deport-
able. 
"(ii) WAIVER AUTHORIZED.—The Attorney General 
may, in his discretion for humanitarian purposes, to 
assure family unity, or when it is otherwise in the 
public interest, waive application of clause (i) in the 
case of any alien lawfully admitted for permanent 
residence if the alien has encouraged, induced, assisted, 
abetted, or aided only the alien's spouse, parent, son, or 
daughter (and no other individual) to enter the United 
States in violation of law. 
"(F) FAILURE TO MAINTAIN EMPLOYMENT.—Any alien who 
obtains the status of an alien lawfully admitted for tem-
porary residence under section 210A who fails to meet the 
requirement of section 210A(d)(5XA) by the end of the ap-
plicable period is deportable. 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5079 
"(G) MARRIAGE FRAUD.—An alien shall be considered to 
be deportable as having procured a visa or other docu-
mentation by fraud 
(within the meaning of section 
212(a)(5XC)(i)) and to be in the United States in violation of 
this Act (within the meaning of subparagraph (B)) if^ 
"(i) the alien obtains any entry into the United States 
with an immigrant visa or other documentation pro-
cured on the basis of a marriage entered into less than 
2 years prior to such entry of the alien and which, 
within 2 years subsequent to any entry of the alien in 
the United States, shall be judicially annulled or termi-
nated, unless the alien establishes to the satisfaction of 
the Attorney General that such marriage was not con-
tracted for the purpose of evading any provisions of the 
immigration laws, or 
"(ii) it appears to the satisfaction of the Attorney 
General that the alien has failed or refused to fulfill 
the alien's marital agreement which in the opinion of 
the Attorney General was made for the purpose of 
procuring the alien's entry as an immigrant. 
"(H) 
WAIVER AUTHORIZED FOR CERTAIN MISREPRESENTA-
TIONS.—The provisions of this paragraph relating to the 
deportation of aliens within the United States on the 
ground that they were excludable at the time of entry as 
aliens described in section 212(a)(6XC)(i), whether willful or 
innocent, may, in the discretion of the Attorney General, be 
waived for any alien (other than an alien described in 
paragraph (6) or (7)) who— 
"(i) is the spouse, parent, son, or daughter of a citizen 
of the United States or of an alien lawfully admitted to 
the United States for permanent residence; and 
"(ii) was in possession of an immigrant visa or 
equivalent document and w£is otherwise admissible to 
the United States at the time of such entry except for 
those grounds of inadmissibility specified under para-
graphs (5XA) and (7)(A) of section 212(a) which were a 
direct result of that fraud or misrepresentation. 
A waiver of deportation for fraud or misrepresentation 
granted under this subparagraph shall also operate to 
waive deportation based on the grounds of inadmissibility 
at entry directly resulting from such fraud or misrepresen-
tation. 
'(2) CRIMINAL OFFENSES.— 
"(A) GENERAL CRIMES.— 
"(i) CRIMES OF MORAL TURPITUDE.—Any alien who— 
"(I) is convicted of a crime involving moral turpi-
tude committed within five years after the date of 
entry, and 
"(II) either is sentenced to confinement or is 
confined therefor in a prison or correctional 
institution for one year or longer, 
is deportable. 
"(ii) MULTIPLE CRIMINAL CONVICTIONS.—Any alien 
who at any time after entry is convicted of two or more 
crimes involving moral turpitude, not arising out of a 
single scheme of criminal misconduct, regardless of 
104 STAT. 5080 
PUBLIC LAW 101-649—NOV. 29, 1990 
whether confined therefor and regardless of whether 
the convictions were in a single trial, is deportable, 
"(iii) AGGRAVATED FELONY.—Any alien who is con-
victed of an aggravated felony at any time after entry 
is deportable. 
"(iv) WAIVER AUTHORIZED.—Clauses (i), (ii), and 
(iii) 
shall not apply in the case of an alien with respect to a 
criminal conviction if the alien subsequent to the crimi-
nal conviction has been granted a full and uncondi-
tional pardon by the President of the United States or 
by the Governor of any of the several States. 
"(B) CONTROLLED SUBSTANCES.— 
"(i) CONVICTION.—Any alien who at any time after 
entry has been convicted of a violation of (or a conspir-
acy or attempt to violate) any law or regulation of a 
State, the United States, or a foreign country relating 
to a controlled substance (as defined in section 102 of 
the Controlled Substances Act (21 U.S.C. 802)), other 
than a single offense involving possession for one's own 
use of 30 grams or less of marijuana, is deportable, 
"(ii) DRUG ABUSERS AND ADDICTS.—Any alien who is, 
or at any time after entry has been, a drug abuser or 
addict is deportable. 
"(C) CERTAIN FIREARM OFFENSES.—Any alien who at any 
time after entry is convicted under any law of purchasing, 
selling, offering for sale, exchanging, using, owning, 
possessing, or carrying in violation of any law, any weapon, 
part, or accessory which is a firearm or destructive device 
(as defined in section 921(a) of title 18, United States Code) 
is deportable. 
"(D) MISCELLANEOUS CRIMES.—Any alien who at any time 
has been convicted (the judgment on such conviction becom-
ing final) of, or has been so convicted of a conspiracy to 
violate— 
"(i) any offense under chapter 37 (relating to espio-
nage), chapter 105 (relating to sabotage), or chapter 115 
(relating to treason and sedition) of title 18, United 
States Code, for which a term of imprisonment of five 
or more years may be imposed; 
"(ii) any offense under section 871 or 960 of title 18, 
United States Code; 
"(iii) a violation of any provision of the Military 
Selective Service Act (50 U.S.C. App. 451 et seq.) or the 
Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); 
or 
"(iv) a violation of section 215 or 278 of this Act, 
is deportable. 
"(3) FAILURE TO REGISTER AND FALSIFICATION OF DOCUMENTS.— 
"(A) CHANGE OF ADDRESS.—An alien who has failed to 
comply with the provisions of section 265 is deportable, 
unless the alien establishes to the satisfaction of the Attor-
ney General that such failure was reasonably excusable or 
was not willful. 
"(B) 
FAILURE TO REGISTER OR FALSIFICATION OF DOCU-
MENTS.—Any alien who at any time has been convicted— 
"(i) under section 266(c) of this Act or under section 
' 
36(c) of the Alien Registration Act, 1940, 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5081 
"(ii) of a violation of, or a conspiracy to violate, any 
provision of the Foreign Agents Registration Act of 
1938 (22 U.S.C. 611 et seq.), or 
"(iii) of a violation of, or a conspiracy to violate, 
section 1546 of title 18, United States Code (relating to 
fraud and misuse of visas, permits, and other entry 
documents), 
is deportable. 
"(4) SECURITY AND RELATED GROUNDS.— 
"(A) IN GENERAL.—Any alien who has engaged, is en-
gaged, or at any time after entry has engaged in— 
"(i) any activity to violate any law of the United 
States relating to espionage or sabotage or to violate or 
evade any law prohibiting the export from the United 
States of goods, technology, or sensitive information, 
"(ii) any other criminal activity which endangers 
public safety or national security, or 
"(iii) any activity a purpose of which is the opposition 
to, or the control or overthrow of, the Government of 
the United States by force, violence, or other unlawful 
means, 
is deportable. 
"(B) TERRORIST ACTIVITIES.—Any alien who has engaged, 
is engaged, or at any time after entry has engaged in any 
terrorist activity (as defined in section 212(aX3)(B)(iii)) is 
deportable. 
(C) FOREIGN POUCY.— 
"(i) IN GENERAL.—An alien whose presence or activi-
ties in the United States the Secretary of State has 
reasonable ground to believe would have potentially 
serious adverse foreign policy consequences for the 
United States is deportable. 
"(ii) 
EXCEPTIONS.—The 
exceptions 
described 
in 
clauses (ii) and (iii) of section 212(a)(3XC) shall apply to 
deportability under clause (i) in the same manner as 
they apply to excluability under section 212(a)(3)(C)(i). 
"(D) ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENO-
CIDE.—Any alien described in clause (i) or (ii) of section 
212(aX3)(E) is deportable. 
"(5) PUBLIC CHARGE.—Any alien who, within five years after 
the date of entry, has become a public charge from causes not 
affirmatively shown to have arisen since entry is deportable.". 
(b) CONFORMING AMENDMENTS TO SECTION 241.— 
(1) Subsections (b), (c), (f), and (g) of section 241 are repealed. 8 USC 1251. 
(2) Subsection (e) of such section is amended— 
(A) by striking "subsection (a) (6) or (7) of this section" 
and inserting "paragraph (4) of subsection (a)", and 
(B) by redesignating such subsection as subsection (b). 
(c) SAVINGS PROVISION.—Notwithstanding the amendments made 8 USC 1251 note, 
by this section, any alien who was deportable because of a conviction 
(before the date of the enactment of this Act) of an offense referred 
to in paragraph (15), (16), (17), or (18) of section 241(a) of the 
Immigration and Nationality Act, as in effect before the date of the 
enactment of this Act, shall be considered to remain so deportable. 
Except as otherwise specifically provided in such section and subsec-
tion (d), the provisions of such section, as amended by this section, 
shall apply to all aliens described in subsection (a) thereof notwith-
104 STAT. 5082 
PUBLIC LAW 101-649—NOV. 29, 1990 
standing that (1) any such alien entered the United States before the 
date of the enactment of this Act, or (2) the facts, by reason of which 
an alien is described in such subsection, occurred before the date of 
the enactment of this Act. 
8 use 1161 note. 
(d) EFFECTIVE DATE.—The amendments made by this section, and 
by section 603(b) of this Act, shall not apply to deportation proceed-
ings for which notice has been provided to the alien before March 1, 
1991. 
SEC. 603. CONFORMING AMENDMENTS. 
(a) RELATING TO GROUNDS FOR EXCLUSION.— 
(1) Section 101 (8 U.S.C. 1101) is amended— 
(A) in subsection (f)(3), by striking "paragraphs (11), (12), 
and (31)" and inserting "paragraphs (2)(D), (6)(E), and 
(9XA)", 
(B) in subsection (f)(3), by striking "paragraphs (9) and 
(10) of section 212(a) and paragraph (23)" and inserting 
"subparagraphs (A) and (B) of section 212(a)(2) and subpara-
graph (C) thereof', and 
(C) in subsection (h), by striking "212(a)(34)" and inserting 
"212(a)(2)(E)". 
(2) Section 102 (8 U.S.C. 1102) is amended— 
(A) by striking "(27)" in paragraphs (1) and (2) and insert-
ing "(3) (other than subparagraph (E))", and 
(B) by striking "paragraphs (27) and (29)" in paragraph (3) 
and inserting "paragraph (3) (other than subparagraph 
(E))". 
(3) Section 203(a)(7) (8 U.S.C. 1153(a)(7)) is amended by striking 
"section 212(a)(14)" and inserting "section 212(a)(5)". 
(4) Sections 207(c)(3) and 209(c) (8 U.S.C. 1157(c)(3), 1159(c)) are 
(A) by striking "(14), (15), (20), (21), (25), and (32)" and 
inserting "(4), (5), and (7)(A)", and 
(B) by striking "(other than paragraph" and all that 
follows through "narcotics)" and inserting "(other than 
paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of 
paragraph (3))". 
(5) Section 210 (8 U.S.C. 1160) is amended— 
(A) in subsection (a)(3)(B)(i), by striking "212(a)(19)" and 
inserting "212(a)(6)(C)(i)", 
(B) in subsection (cX2)(A), by striking "(14), (20), (21), (25), 
and (32)" and inserting "(5) and (7)(A)", 
(C) in subsection (c)(2XB)(ii)(I), by striking "Paragraph (9) 
and (10)" and inserting "Paragraphs (2XA) and (2)(B)", 
(D) in subsection (cX2XBXii)(II), by striking "(15)" and 
inserting "(4)", 
(E) in subsection (cX2XBXiiXni), by striking "(23)" and 
inserting "(2XC)", 
(F) in subsection (cX2XBXiiXIV), by striking "Paragraphs 
(27), (28), and (29) (relating to national security and mem-
bers of certain organizations)" and inserting "Paragraph (3) 
(relating to security and related grounds), other than 
subparagraph (E) thereof, 
(G) in subsection (c)(2)(BXii), by striking subclause (V), 
and 
(H) in subsection (cX2XC), by striking "212(aX15)" and 
inserting "212(a)(4)". 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5083 
(6) Section 210A(e) (8 U.S.C. 1161(e)) is amended— 
(A) in paragraph (1), by striking "(14), (20), (21), (25), and 
(32)" and inserting "(5) and (7XA)", 
(B) in paragraph (2XBXi), by striking "Paragraphs (9) and 
(10)" and inserting "Paragraphs (2)(A) and (2XB)", 
(C) in paragraph (2XBXii), by striking "(23)" and inserting 
"(2)(C)", 
(D) in paragraph (2XBXiii), by striking "(27), (28), and (29) 
(relating to national security and members of certain 
organizations)" and inserting "and (3) (relating to security 
grounds), other than subparagraph (E) thereof, 
(E) in paragraph (2)(B)(iv), by striking "(33)" and inserting 
"(3XD)", and 
(F) in paragraph (2XC), by striking "212(aX15)" and insert-
ing "212(aX4)". 
(7) Section 211(b) (8 U.S.C. 1181(b)) is amended by striking 
"212(aX20)" and inserting "212(aX7XA)". 
(8) Section 213 (8 U.S.C. 1183) is amended— 
(A) by striking "(7) or (15)" and inserting "(4)", and 
(B) by inserting before the period at the end the following: 
", irrespective of whether a demand for pa5mient of public 
expenses has been made". 
(9) Section 221(g) (8 U.S.C. 1201(g)) is amended by striking 
"212(a)(7), or section 212(aX15)" and inserting "212(a)(4)". 
(10) Section 234 (8 U.S.C. 1224) is amended by striking "para-
graphs (1), (2), (3), (4), or (5)" and inserting "paragraph (1)" each 
place it appears. 
(11) Section 235 (8 U.S.C 1225) is amended by striking "para-
graph (27), (28), or (29) of section 212(a)" and inserting "subpara-
graph (A) (other than clause (ii)), (B), or (C) of section 212(aX3)". 
(12) Section 236(d) (8 U.S.C. 1226(d)) is amended— 
(A) by striking "is afflicted with a disease" and all that 
follows through "of section 212(a)" and inserting "has a 
disease, illness, or addiction which would make the alien 
excludable under paragraph (1) of section 212(a)", and 
(B) by striking the last sentence. 
(13) Section 245A(dX2) (8 U.S.C. 1255a(dX2)) is amended— 
(A) in subparagraph (A), by striking "(14), (20), (21), (25), 
and (32)" and inserting "(5) and (7XA)'° 
(B) in subparagraph (BXiiXD, by striking "Paragraphs (9) 
and (10)" and inserting "Paragraphs (2XA) and (2XB)", 
(C) in subparagraph (BXiiXH), by striking "(15)" and 
^ 
inserting "(4)^', 
(D) in subparagraph (BXiiXIH), by striking "(23)" and 
inserting "(2XC)", 
(E) in subparagraph (BXiiXIV), by striking "(27), (28), and 
(29) (relating to national security and members of certain 
organizations)" and inserting "(3) (relating to security and 
related grounds), other than subparagraph (E) thereof, 
(F) in subparagraph (BXii), by striking subclause (V), 
(G) in subparagraph (BXii), by striking "212(aX15)" and 
inserting "212(aX4)", and 
(H) in subparagraph (BXiii), by striking "212(aX15)" and 
inserting "212(aX4)". 
(14) Section 249 (8 U.S.C. 1259) is amended by striking 
"212(aX33)" and inserting "212(aX3XE)". 
(15) Section 272 (8 U.S.C. 1322)— 
104 STAT. 5084 
PUBLIC LAW 101-649—NOV. 29, 1990 
Repeal. 
Repeal. 
8 u s e 1182 and 
notes. 
8 u s e 1101 note. 
Repeal. 
8 u s e 1182 note. 
8 u s e 1255 note. 
8 u s e 1255a 
note. 
(A) in subsection (a)— 
(i) by striking "(1) mentally retarded" and all that 
follows through "(6) a narcotic drug addict" and insert-
ing "excludable under section 212(a)(1)", and 
(ii) by striking "such disease or disability" and insert-
ing "the excluding condition"; 
(B) by striking subsection (b); 
(C) by redesignating subsections (c) through (e) as subsec-
tions (b) through (d), respectively; and 
(D) by striking "DISABILITY OR AFFLICTED WITH DISEASE" in 
the heading and inserting 
"EXCLUSION ON A HEALTH-
RELATED GROUND". 
(16) Section 277 (8 U.S.C. 1327) is amended by striking 
"212(a)(9)" and all that follows through "(29)" and inserting 
"212(a)(2) (insofar as an alien excludable under such section has 
been convicted of an aggravated felony) or 212(a)(3) (other than 
subparagraph (E) thereof)". 
(17) The item in the table of contents relating to section 272 is 
amended to read as follows: 
"Sec. 272. Bringing in aliens subject to exclusion on a health-related ground.". 
(18) Section 21 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2691) is repealed. 
(19) Section 14 of Public Law 99-396 is repealed. 
(20) Section 584(a)(2) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1988 (as 
contained in section 101(e) of Public Law 100-202) is amended— 
(A) by striking "(14), (15), (20), (21), (25), and (32)" and 
inserting "(4), (5), and (7)(A)", and 
(B) by striking "(other than paragraph" and all that 
follows through "narcotics)" and inserting "(other than 
paragraph (2)(C) or subparagraph (A), (B), (C), or (D) of 
paragraph (3))". 
(21) Section 901 of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (Public Law 100-204) is repealed. 
(22) Section 599E of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1990 (Public 
Law 101-167) is amended by striking "(14), (16), (20), (21), (25), 
(28) (other than subparagraph (F)), and (32)" and inserting "(4), 
(5),and(7)(A)". 
(23) Section 301(a)(1) of this Act is amended by striking "on a 
ground specified" and all that follows through "of such Act)" 
and inserting "on a ground specified in paragraph (1)(A), (1)(B), 
(1)(C), (3)(A), of section 241(a) of the Immigration and National-
ity Act (other than so much of section 241(a)(1)(A) of such Act as 
relates to a ground of exclusion described in paragraph (2) or (3) 
of section 212(a) of such Act)". 
(24) Section 244A(c)(2)(A), as inserted by section 302 of this 
(A) in clause (i), by striking "(14), (20), (21), (25), and (32)" 
and inserting "(5) and (7)(A)"; 
(B) in clause (iii)(I), by striking "Paragraphs (9) and (10)" 
and inserting "Paragraphs (2)(A) and (2)(B)"; 
(C) in clause (iii)(II), by striking "(23)" and inserting 
"(2)(C)" and by adding "or'^at the end; 
(D) in clause (iii)(III), by striking "(27) and (29) (relating to 
national security)" and inserting "(3) (relating to security 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5085 
and related grounds)" and by striking "; or" at the end and 
inserting a period; and 
(E) by striking subclause (IV) of clause (iii). 
(b) RELATING TO GROUNDS FOR DEPORTATION.— 
(1) Section 210A(dX5XA) (8 U.S.C. 1161(dX5XA)) is amended by 
striking "241(aX20)" and inserting "241(aXlXF)". 
(2) Section 242 (8 U.S.C. 1252) is amended— 
(A) in subsection (b), by striking "(4), (5), (6), (7), (11), (12), 
(14), (15), (16), (17), (18), or (19)" and inserting "(2), (3), or 
(4)", and 
(B) in subsection (e), by striking "paragraph (4), (5), (6), (7), 
" 
(11), (12), (14), (15), (16), (17), (18), or (19)" and inserting 
"paragraph (2), (3) or (4)". 
(3) Sections 243(hXl) and 244(a) (8 U.S.C. 1253(hXl), 1254(a)) 
are each amended by striking "241(aX19)" and inserting 
"241(aX4XD)". 
(4) Section 244 (8 U.S.C. 1254) is amended— 
(A) in subsection (aX2), by striking "paragraph (4), (5), (6), 
(7), (11), (12), (14), (15), (16), (17), or (18)" and inserting 
"paragraph (2), (3), or (4)", and 
(B) in subsection (eXD, by striking "(4), (5), (6), (7), (11), 
(12), (14), (15), (16), (17), (18), or (19)'^ in paragraph (2) and 
inserting "(2), (3), or (4)". 
(5) Section 202(n) of the Social Security Act (42 U.S.C. 402(n)) 
is amended— 
(A) by striking "paragraph (1), (2), (4), (5), (6), (7), (10), (11), 
(12), (14), (15), (16), (17), or (18) of section 241(a)" in para-
graph (1) and inserting "under section 241(a) (other than 
under pargigraph (IXC) or (IXE) thereof)", and 
(B) by striking "enumerated in paragraph (1) in this 
subsection" in paragraph (2) and inserting "(other than 
under paragraph (1)(C) or (IXE) thereof)". 
TITLE VII—MISCELLANEOUS PROVISIONS 
SEC. 701. BATTERED SPOUSE OR CHILD WAIVER OF THE CONDITIONAL 
RESIDENCE REQUIREMENT. 
(a) IN GENERAL.—Section 216(cX4) (8 U.S.C. 1186a(cX4)) is 
amended— 
(1) by striking "or" at the end of subparcigraph (A); 
(2) in subparagraph (B), by striking "by the alien spouse for 
good cause"; 
(3) in subparagraph (B), by striking the period at the end and 
inserting ", or"; 
(4) by inserting after subparagraph (B) the following new 
subparagraph: 
"(C) the qualifying marriage was entered into in good 
faith by the alien spouse and during the marriage the alien 
spouse or child was battered by or wsis the subject of 
extreme cruelty perpetrated by his or her spouse or citizen 
or permanent resident parent and the alien was not at fault 
in failing to meet the requirements of paragraph (1)."; and 
(5) by adding at the end the following: "The Attorney General Regulations, 
shall, by regulation, establish measures to protect the confiden-
tiality of information concerning any abused alien spouse or 
104 STAT. 5086 
PUBLIC LAW 101-649—NOV. 29, 1990 
child, including information regarding the whereabouts of such 
spouse or child.". 
8 use 1186a 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall apply with respect to marriages entered into before, on, or 
after the date of the enactment of this Act. 
note. 
SEC. 702. BONA FIDE MARRIAGE EXCEPTION TO FOREIGN RESIDENCE 
REQUIREMENT FOR MARRIAGES ENTERED INTO DURING CER-
TAIN IMMIGRATION PROCEEDINGS. 
(a) IN GENERAL.—Section 245(e) (8 U.S.C. 1255(e)) is amended— 
(1) in paragraph (1), by striking "An alien" and inserting 
"Except as provided in paragraph (3), an alien", and 
(2) by adding at the end the following new paragraph: 
"(3) Paragraph (1) and section 204(h) shall not apply with respect 
to a marriage if the alien establishes by clear and convincing 
evidence to the satisfaction of the Attorney General that the mar-
riage was entered into in good faith and in accordance with the laws 
of the place where the marriage took place and the marriage was 
not entered into for the purpose of procuring the alien's entry as an 
immigrant and no fee or other consideration was given (other than a 
fee or other consideration to an attorney for assistance in prepara-
tion of a lawful petition) for the filing of a petition under section 
204(a) or 214(d) with respect to the alien spouse or alien son or 
daughter. In accordance with regulations, there shall be only one 
level of administrative appellate review for each alien under the 
previous sentence.". 
(b) CONFORMING AMENDMENT—Section 204(h) (8 U.S.C. 1154(h)) is 
amended by inserting "except as provided in section 245(e)(3)," after 
"Notwithstanding subsection (a),". 
8 use 1254 note. 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
apply to marriages entered into before, on, or after the date of the 
enactment of this Act. 
SEC. 703. 1-YEAR EXTENSION OF DEADLINE FOR FILING APPLICATIONS 
FOR ADJUSTMENT FROM TEMPORARY TO PERMAMENT RESI-
DENCE FOR LEGALIZED ALIENS. 
(a) IN GENERAL.—Section 245A(b) (8 U.S.C. 1255a(b)) is amended— 
(1) in paragraph (1)(A), by striking "one-year period" and 
inserting "2-year period", and 
(2) in paragraph (2)(C), by striking "thirty-first" and inserting 
"43rd". 
0)) LATE FEE.—Section 245A(c)(7)(A) (8 U.S.C. 1255a(c)(7)(A)) is 
amended by adding at the end the following: "The Attorney General 
shall provide for an additional fee for filing an application for 
adjustment under subsection (b)(1) after the end of the first year of 
the 2-year period described in subsection (b)(1)(A).". 
SEC. 704. COMMISSION ON AGRICULTURAL WORKERS. 
(a) 1-YEAR EXTENSION.—Section 304 of the Immigration Reform 
8 use 1160 note, and Control Act of 1986 (Public Law 99-603) is amended— 
(1) in subsection (c), by striking "five" and inserting "six", and 
(2) in subsection (i), by striking "63" and inserting "75". 
(b) STAFF.—Subsection (f) of such section is amended by striking 
"competitive service" and inserting "and compensation and other 
conditions of service in the civil service". 
PUBLIC LAW 101-649—NOV. 29, 1990 
104 STAT. 5087 
SEC. 705. IMMIGRATION EMERGENCY FUND. 
(a) IN GENERAL.—Section 404(b) (8 U.S.C. 1101 note) is amended— 
(1) by inserting "(1)" after "(b)", 
(2) by inserting "(for fiscal year 1991 and any subsequent 
fiscal year)" after "appropriated", 
(3) by striking "$35,000,000" and inserting "an amount suffi-
cient to provide for a balance of $35,000,000 in such fund", 
(4) by inserting "to carry out paragraph (2) and" after "to be 
used", and 
(5) by adding at the end the following new paragraph: 
"(2)(A) Funds which are authorized to be appropriated by para-
graph (1), subject to the dollar limitation contained in subparagraph 
(B), shall be available, by application for the reimbursement of 
States and localities providing assistance as required by the Attor-
ney General, to States and localities whenever— 
"(i) a district director of the Service certifies to the Commis-
sioner that the number of asylum applications filed in the 
respective district during a calendar quarter exceeds by at least 
1,000 the number of such applications filed in that district 
during the preceding calendar quarter, 
"(ii) the lives, property, safety, or welfare of the residents of a 
State or locality are endangered, or 
"(iii) in any other circumstances as determined by the Attor-
ney General. 
"(B) Not more than $20,000,000 shall be made available for all 
localities under this paragraph. 
"(C) For purposes of subparagraph (A), the requirement of para-
graph (1) that an immigration emergency be determined shall not 
apply. 
"(D) A decision with respect to £in application for reimbursement 
under subparagraph (A) shall be made by the Attorney General 
within 15 days after the date of receipt of the application.". 
(b) EFFECTIVE DATE.—Section 404(b)(2)(A)(i) of the Immigration 8 USC1101 note, 
and Nationality Act, as added by the amendment made by subsec-
tion (a)(5), shall apply with respect to increases in the number of 
asylum applications filed in a calendar quarter beginning on or after 
January 1, 1989. The Attorney General may not spend any amounts 
from the immigration emergency fund pursuant to the amendments 
made by subsection (a) before October 1,1991. 
TITLE VIII—EDUCATION AND TRAINING 
SEC. 801. EDUCATIONAL ASSISTANCE AND TRAINING. 
(a) USE OF FUND.—The Secretary of Labor shall provide for grants 
to States to provide educational assistance and training for United 
States workers. The Secretary shall consult with the Secretary of 
Education in making grants under this section. 
(b) ALLOCATION OF FUNDS.—Within the purposes described in 
subsection (a), funds in the account used under this section shall 
be allocated among the States based on a formula, established 
jointly by the Secretaries of Labor and Education, that takes into 
consideration— 
(1) the location of foreign workers admitted into the United 
States, 
Grant programs. 
Inter-
governmental 
relations. 
29 USC 1506. 
104 STAT. 5088 
PUBLIC LAW 101-649—NOV. 29, 1990 
(2) the location of individuals in the United States requiring 
and desiring the educational assistance and training for which 
the funds can be applied, and 
(3) the location of unemployed and underemployed United 
States workers. 
(c) DISBURSEMENT TO STATES.— 
(1) Within the purposes and allocations established under this 
section, disbursements shall be made to the States, in accord-
ance with grant applications submitted to and approved jointly 
by the Secretaries of Labor and Education, to be applied in a 
manner consistent with the guidelines established by such Sec-
retaries in consultation with the States. In applying such 
grants, the States shall consider providing funding to joint 
labor-management trust funds and other such 
non-profit 
organizations which have demonstrated capability and experi-
ence in directly training and educating workers. 
(2) Not more than 5 percent of the funds disbursed to any 
State under this section may be used for administrative 
expenses. 
(d) LIMITATION ON FEDERAL OVERHEAD.—The Secretaries shall 
provide that not more than 2 percent of the amount of funds 
disbursed to States under this section may be used by the Federal 
Government in the administration of this section. 
(e) ANNUAL REPORT.—The Secretary of Labor shall report an-
nually to the Congress on the grants to States provided under this 
section. 
(f) STATE DEFINED.—In this section, the term "State" has the 
meaning given such term in section 101(a)(36) of the Immigration 
and Nationality Act. 
Approved November 29, 1990. 
LEGISLATIVE HISTORY—S. 358 (H.R. 1630) (H.R. 4300): 
HOUSE REPORTS: No. 101-187 accompanying H.R. 1630 (Comm. on the Judiciary); 
No. 101-723, Pt. 1 (Comm. on the Judiciary) and Pt. 2 (Comm. on 
Ways and Means) both accompanying H.R. 4300; and No. 
101-955 (Comm. of Conference). 
SENATE REPORTS: No. 101-55 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): July 11-13, considered and passed Senate. 
July 31, H.R. 1630 considered and passed House. 
Vol. 136 (1990): Oct. 2, 3, H.R. 4300 considered and passed House; S. 358, 
amended, passed in lieu. 
Oct. 26, Senate agreed to conference report. 
Oct. 27, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 29, Presidential remarks and statement.