Armed Forces Immigration Adjustment Act of 1991
PL 102-110 (S.296), enacted 10/01/1991

PUBLIC LAW 102-110—OCT. 1, 1991 
105 STAT. 555 
Public Law 102-110 
102d Congress 
An Act 
To amend the Immigration and Nationality Act to provide for special immigrant 
status for certain aliens who have served honorably (or are enlisted to serve) in the 
Armed Forces of the United States for at least 12 years. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Armed Forces Immigration Adjust-
ment Act of 1991". 
SEC. 2. SPECIAL IMMIGRANT STATUS FOR ALIENS WHO HAVE SERVED 
HONORABLY (OR ARE ENLISTED TO SERVE) IN THE ARMED 
FORCES OF THE UNITED STATES FOR AT LEAST 12 YEARS. 
(a) IN GENERAL.—Section 101(a)(27) of the Immigration and 
NationaUty Act (8 U.S.C. 1101(a)(27)) is amended— 
(1) by striking "or" at the end of subparagraph (I), 
(2) by striking the period at the end of subparagraph (J) and 
inserting "; or", and 
(3) by adding at the end the following new subparagraph: 
"(K) an immigrant who has served honorably on active duty 
in the Armed Forces of the United States after October 15, 1978, 
and after original lawful enlistment outside the United States 
(under a treaty or agreement in effect on the date of the 
enactment of this subparagraph) for a period or periods 
aggregating— 
"(i) 12 years and who, if separated from such service, was 
never separated except under honorable conditions, or 
"(ii) 6 years, in the case of an immigrant who is on active 
duty at the time of seeking special immigrant status under 
this subparagraph and who has reenlisted to incur a total 
active duty service obligation of at least 12 years, 
and the spouse or child of any such immigrant if accompanying 
or following to join the immigrant, but only if the executive 
department under which the immigrant serves or served rec-
ommends the granting of special immigrant status to the im-
migrant.". 
(b) NUMERICAL LIMITATIONS.—Section 203(b) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)), as inserted by section 121(a) 
of the Immigration Act of 1990, is amended by adding at the end the 
following new paragraph: 
"(6) SPECIAL RULES FOR 'K' SPECIAL IMMIGRANTS.— 
"(A) 
NOT COUNTED AGAINST NUMERICAL LIMITATION IN 
Y
E
A
R INVOLVED.—Subject to subparagraph (B), the number 
of immigrant visas made available to special immigrants 
under section 101(a)(27)(K) in a fiscal year shall not be 
subject to the numerical limitations of this subsection or of 
section 202(a). 
Oct. 1,1991 
[S. 296] 
Armed Forces 
Immigration 
Adjustment Act 
of 1991. 
8 u s e 1101 
note. 
105 STAT. 556 
PUBLIC LAW 102-110—OCT. 1, 1991 
"(B) COUNTED AGAINST NUMERICAL LIMITATIONS IN FOL-
LOWING YEAR.— 
"(i) REDUCTION IN EMPLOYMENT-BASED 
IMMIGRANT 
CLASSIFICATIONS.—The number of visas made available 
in any fiscal year under paragraphs (1), (2), and (3) shall 
each be reduced by Va of the number of visas made 
available in the previous fiscal year to special 
immigrants described in section 101(a)(27)(K). 
"(ii) REDUCTION IN PER COUNTRY LEVEL.—The number 
of visas made available in each fiscal year to natives of 
a foreign state under section 202(a) shall be reduced by 
the number of visas made available in the previous 
fiscal year to special immigrants described in section 
101(a)(27)(K) who are natives of the foreign state. 
"(iii) REDUCTION IN EMPLOYMENT-BASED IMMIGRANT 
CLASSIFICATIONS WITHIN PER COUNTRY CEILING.—In the 
case of a foreign state subject to section 202(e) in a 
fiscal year (and in the previous fiscal year), the number 
of visas made available and allocated to each of para-
graphs (1) through (3) of this subsection in the fiscal 
year shall be reduced by Va of the number of visas made 
available in the previous fiscal year to special im-
migrants described in section 101(a)(27)(K) who are na-
tives of the foreign state. 
"(C) APPLICATION OF SEPARATE NUMERICAL LIMITATION.— 
"(i) IN GENERAL.—Subject to clause (ii), the number of 
immigrant visas made available to special immigrants 
under section 101(a)(27)(K) in any fiscal year (other 
than as a spouse or child described in such section) may 
not exceed— 
"(I) in the case of aliens who are nationals of a 
foreign state for which there is a numerical limita-
tion treaty or agreement (as defined in clause (iii)), 
2,000, or 
"(II) in the case of aliens who are nationals of 
any other state, 100. 
"(ii) 
EXCEPTION FOR ALIENS CURRENTLY MEETING 
REQUIREMENTS.—The numerical limitations of clause (i) 
shall not apply to individuals who meet the require-
ments of section 101(a)(27)(K) as of the date of the 
enactment of this subparagraph. 
"(iii) 
NUMERICAL 
LIMITATION TREATY OR AGREE-
MENT.—In clause (i), the term 'numerical limitation 
treaty or agreement' means a treaty or agreement in 
effect on the date of the enactment of this subpara-
graph which authorizes and limits the number of aliens 
who are nationals of such state who may be enlisted 
annually in the Armed Forces of the United States.", 
(c) ADJUSTMENT OF STATUS.—Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended— 
(1) in subsection (c)(2), by striking "or (I)" and inserting ", (I), 
or (K)", and 
(2) by adding at the end the following new subsection: 
"(g) In applying this section to a special immigrant described in 
section 101(a)(27)(K), such an immigrant shall be deemed, for pur-
poses of subsection (a), to have been paroled into the United States.". 
PUBLIC LAW 102-110—OCT. 1, 1991 
105 STAT. 557 
(d) EFFECTIVE DATE.—This section shall take effect 60 days after 
8 USC lioi 
the date of the enactment of this Act. 
"°*®-
SEC. 3. DELAY UNTIL APRIL 1,1992, IN IMPLEMENTATION OF PROVISIONS 
8 USC 1101 
RELATING TO O AND P NONIMMIGRANTS. 
^°^-
Section 214(g)(1)(C) of the Immigration and Nationality Act shall 
not apply to the issuance of visas or provision of status before April 
1, 1992. Aliens seeking nonimmigrant admission as artists, athletes, 
entertainers, or fashion models (or for the purpose of accompanying 
or assisting in an artistic or athletic performance) before April 1, 
1992, shall not be admitted under subparagraph (0)(i), (OXii), (P)(i), 
or (P)(iii) of section 101(a)(15) of such Act, but may be admitted 
under the terms of subparagraph (H)(i)(b) of such section (as in effect 
on September 30,1991). 
SEC. 4. CONTINUATION OF DERIVATIVE STATUS FOR SPOUSES AND CHIL-
DREN OF THIRD AND SIXTH 
PREFERENCE 
IMMIGRANTS; 
DEEMED CONTINUED EFFECTIVENESS OF CERTAIN EMPLOY-
MENT-BASED PETITIONS. 
Effective as if included in the Immigration Act of 1990, section Effective date. 
161(c) of such Act is amended by adding at the end the following new 8 USC llOl 
paragraphs: 
note. 
"(3) In the case of an alien who is described in section 203(a)(8) 
of the Immigration and Nationality Act (as in effect before 
October 1, 1991) as the spouse or child of an alien described in 
section 203(aX3) or 203(a)(6) of such Act and who would be 
entitled to enter the United States under such section 203(a)(8) 
but for the amendments made by this section, such an alien 
shall be deemed to be described in section 203(d) of such Act as 
the spouse or child an an alien described in section 203(b)(2) or 
203(b)(3)(A)(i), respectively, of such Act with the same priority 
date as that of the principal alien. 
"(4)(A) Subject to subparagraph (B), any petition filed before 
October 1, 1991, and approved on any date, to accord status 
under section 203(a)(3) or 203(a)(6) of the Immigration and 
Nationality Act (as in effect before such date) shall be deemed, 
on and after October 1, 1991 (or, if later, the date of such 
approval), to be a petition approved to accord status under 
section 203(b)(2) or under the appropriate classification under 
section 203(b)(3), respectively, of such Act (as in effect on and 
after such date). Nothing in this subparagraph shall be con-
strued as exempting the beneficiaries of such petitions from the 
numerical limitations under section 203(b)(2) or 203(b)(3) of such 
Act. 
"(B) Subparagraph (A) shall not apply more than two years 
after the date the priority date for issuance of a visa on the 
basis of such a petition has been reached.". 
105 STAT. 558 
PUBLIC LAW 102-110—OCT. 1, 1991 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE RESETTLE-
MENT PROGRAMS FOR FISCAL YEAR 1992. 
Subsection (a) of section 414 of the Immigration and Nationality 
Act (8 U.S.C. 1524) is amended to read as follows: 
"(a) There are authorized to be appropriated for fiscal year 1992 
such sums as may be necessary to carry out this chapter.". 
Approved October 1, 1991. 
LEGISLATIVE HISTORY—S. 296: 
HOUSE REPORTS: No. 102-195 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Jan. 30, considered and passed Senate. 
Sept. 16, considered and passed House, amended. 
Sept. 24, Senate concurred in House amendment with an Eunendment. 
Sept. 26, House concurred in Senate amendment.