Immigration and Nationality Act Amendments of 1981
PL 97-116 (H.R.4327), enacted 12/29/1981

PUBLIC LAW 97-116—DEC. 29, 1981 
95 STAT. 1611 
Public Law 97-116 
97th Congress 
An Act 
To amend the Immigration and Nationality Act, and for other purposes. 
^'—! 
[H.R. 4327] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) this Act immigration and 
may be cited as the "Immigration and Nationality Act Amendments Amendments of 
of 1981". 
1981. 
(b) Except as specifically provided in this Act, whenever in this Act 8 use iioi note. 
an amendment or repeal is expressed as an amendment to, or repeal 
of, a provision, the reference shall be deemed tti be made to the 
Immigration and Nationality Act. 
SEC. 2. (a) Subsection (aX15) of section 101 (8 U.S.C. 1101) is 
amended— 
(1) by striking out "institution of learning or other recognized 
place of study" in subparagraph (F) and inserting in lieu thereof 
college, university, seminary, conservatory, academic high 
school, elementary school, or other academic institution or in a 
language training program"; and 
(2) by adding after subparagraph (L) the following new 
subparagraph: 
"(MXi) an alien having a residence in a foreign country which 
he has no intention of abandoning who seeks to enter the United 
States temporarily and solely for the purpose of pursuing a full 
course of study at an established vocational or other recognized 
nonacademic institution (other than in a language training 
program) in the United States particularly designated by him 
and approved by the Attorney General, after consultation with 
the Secretary of Education, which institution shall have agreed 
to report to the Attorney Gteneral the termination of attendance 
of each nonimmigrant nonacademic student and if any such 
institution faUs to make reports promptly the approval shall be 
withdrawn, and (ii) the alien spouse and minor children of any 
such alien if accompanying him or following to join him.". 
(b) Subsection (b) of such section is amended by striking out 
"fourteen" in subparagraphs (E) and (F) and inserting in lieu thereof 
"sixteen". 
(c) Subsection (f) of 
such section is amended— 
(1) by striking out paragraph (2); and 
(2) by striking out "paragraphs (9), (10), and (23) of section 
212(a)" in paragraph (3) and inserting in lieu thereof "para-
graphs (9) and (10) of section 212(a) and paragraph (23) of such 
section (except as such paragraph relates to a single offense of 
simple possession of 30 grams or less of marihuana) . 
SEC. 3. Section 204 (8 U.S.C. 1154) is amended by striking out 
subsection (d) and by redesignating subsection (e) as subsection (d) 
and the subsection (f), which was renumbered by section 3 of Public 
Law 95-417, as subsection (e). 
92 Stat. 917. 
SEC. 4. Section 212 (8 U.S.C. 1182) is amended— 
95 STAT. 1612 
PUBLIC LAW 97-116—DEC. 29, 1981 
(1) by inserting "and who seek admission within five years of 
the date of such deportation or removal," in subsection (aX17) 
after "section 242(bV'; 
(2) by striking out the second sentence of paragraph (6) of 
subsection (d); and 
(3) by striking out "paragraphs (9), (10), or (12) of this section" 
in suteection (h) and inserting in heu thereof "paragraphs (9), 
(10), or (12) of subsection (a) or paragraph (23) of such subsection 
' 
as such paragraph relates to a single offense of simple possession 
of 
30 grams or less of marihuana". 
SEC. 5. (aXl) Section 212 (8 U.S.C. 1182) is amended by striking out 
the semicolon at the end of paragraph (32) of subsection (a) and 
inserting in lieu thereof a period and the following: "For the purposes 
of this paragraph, 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 examination if the alien was fully and perma-
nently licensed to practice medicine in a State on January 9,1978, 
and was practicing medicine in a State on that date;". 
(2) Subsection (jXlXB) of 
such section is amended by striking out the 
semicolon at the end thereof and inserting in lieu thereof a period 
and the following: "For the purposes of this subparagraph, an alien 
who is a graduate of a medical school shall be considered to have 
passed parts I and n of the National Board of Medical Examiners 
examination 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.". 
8 use 1
1
8
2 note. 
(3) Section 602 of the Health Professions Educational Assistance 
Act of 1976 (Public Law 94-484), added by section 307(qX3) of Public 
8 V^c i^oS^'\^^^ Law 95-83, is amended by striking out subsections (a) and (b). 
8 use 1182' 
*) Subsection 0') of 
section 212 is amended— 
(1) by inserting "as follows" after "education or training are" 
in paragraph (1) in the matter before subpara^aph (A); 
(2) by striking out "(including any extension of the duration 
thereof under subparagraph (D)) in pare^aph (IXC); 
(3) by striking out 'xlommissioner of Education" and "Secre-
tary of Health, Education, and Welfare" each place it appears 
and inserting in lieu thereof "Secretary of Education' and 
"Secretary of Health and Human Services , respectively; 
(4) by striking out the semicolon at the end of subparagraph (A) 
and "; and" at the end of subparagraph (C) and inserting in lieu 
thereof a period in each case; 
Medical 
(5) by amending subparagraph (D) of paragraph (1) to read as 
education. 
foUows: 
"(D) The duration of the alien's participation in the program of 
graduate medical education or training for which the alien is 
coming to the United States is limited to the time typically 
required to complete such program, as determined by the Direc-
tor of the International Communication Agency at the time of 
the alien's entry into the United States, based on criteria which 
are established in coordination with the Secretary of Health and 
Human Services and which take into consideration the published 
requirements of the medical specialty board which administers 
such education or training program; except that— 
"(i) such duration is further limited to seven years unless 
the alien has demonstrated to the satisfaction of the Director 
that the country to which the alien will return at the end of 
such specialty education or training has an exceptional need 
for an individual trained in such specialty, and 
PUBLIC LAW 97-116—DEC. 29, 1981 
95 STAT. 1613 
"(ii) the alien may, once and not later than two years after 
the date the alien enters the United States as an exchange 
visitor or acquires exchange visitor status, change the alien's 
designated program of graduate medical education or train-
ing u the Director approves the change and if a commitment 
and written assurance with respect to the alien's new pro-
gram have been provided in accordance with subparagraph 
(C)."; 
(6) by inserting after subparagraph (D) the following new 
subparagraph: 
"(E) The alien furnishes the Attorney General each year with 
an affidavit (in such form as the Attorney General shall pre-
scribe) that attests that the alien (i) is in good standing in the 
program of graduate medical education or training in which the 
alien is participating, and (ii) will return to the country of his 
nationality or last residence upon completion of the education or 
training for which he came to the United States."; 
(7XA) by striking out "(ii)" in paragraph dXB) and inserting in 
lieu thereof "(iiXIT; 
(B) by inserting, in paragraph (IXB), "(II)" before "has compe-
tency", "(HI)" before ^*will be able to adapt", and "(IV)" before 
"has adequate prior education"; 
(C) by striking out "December 31, 1981" in paragraph (2)(A) 
and inserting in lieu thereof "December 31,1983 : 
(D) by stnkmg out "and (B) of paragraph (1) in paragraph 
, (2)(A) and inserting in lieu thereof "and (BXiiXD of paragraph 
(1)"; 
(E) by inserting after "if' in paragraph (2XA) the following: "(i) 
the Secretary of Health and Humaui Services determines, on a 
case-by-case oasis, that"; 
(F) by striking out the period at the end of paragraph (2)( 
A) and 
inserting in lieu thereof the following: 
", and (ii) the program has a comprehensive plan to reduce reliance 
on alien physicians, which plan the Secretary of Health and Human 
Services finds, in accordance with criteria published by the Secretary, 
to be satisfactory and to include the following: 
"(I) A detidled discussion of specific problems that the program 
, , anticipates without such waiver and of the alternative resources 
and methods (including use of physician extenders and other 
paraprofessionals) that have been considered and have been and 
will be applied to reduce such disruption in the delivery of health 
services. 
"(II) A detailed description of those changes of the program 
(including improvement of educational and medical services 
training) which have been considered and which have been or 
will be applied which would make the program more attractive 
to graduates of medical schools who are citizens of the United 
States. 
"(Ill) A detailed description of the recruiting efforts which 
have been and will be undertaken to attract graduates of medical 
schools who are citizens of 
the United States. 
"(IV) A detailed description and analysis of how the program, 
on a year-by-year basis, has phased down and will phase down its 
dependence upon aliens who are graduates of foreign medical 
schools so that the program will not be dependent upon the 
admission to the program of any additional such aliens after 
December 31,1983."; and 
(G) by inserting at the end of paragraph (2XB) the following: 
Affidavit. 
Plan to reduce 
reliance on alien 
physicians. 
95 STAT. 1614 
PUBLIC LAW 97-116—DEC. 29, 1981 
Waivers. 
Report to 
Congress. 
Report to 
Congress. 
8 u s e 1182 note. 
Report to 
Congress. 
8 use 1101 note. 
"The Secretary of Health and Human Services, in coordination with 
the Attorney General and the Director of the International Commu-
nication Agency, shall (i) monitor the issuance of waivers under 
subparagraph (A) and the needs of the communities (with respect to 
which such waivers are issued) to assure that quality medical care is 
provided, and (ii) review each program with such a waiver to assure 
that the plan described in subparagraph (AXii) is being carried out 
and that participants in such program are being provided appropri-
ate supervision in their medical education and training. 
"(C) The Secretary of Health and Human Services, in coordination 
with the Attorney General and the Director of the International 
Communication Agency, shall report to the Congress at the begin-
ning of fiscal years 1982 and 1983 on the distribution (by geography, 
nationality, and medical specialty or field of practice) of foreign 
medical graduates in the United States who have received a waiver 
under subparagraph (A), including an analysis of the dependence of 
the various communities on aliens who are in medical education or 
training programs in the various medical specialties."; and 
(8) by adding at the end the following new paragraph:-
"(3) The Director of the International Communication Agency 
annually shall transmit to the Congress a report on aliens who have 
submitted affidavits described in paragraph (IXE), and shall include 
in such report the name and address of each such alien, the medical 
education or training program in which such alien is participating, 
and the status of such alien in that program.". 
(c) The amendments made by paragraphs (2), (5), and (6) of subsec-
tion (b) shall apply to aliens entering the United States as exchange 
visitors (or otherwise acquiring exchange visitor status) on or after 
January 10,1978. 
(d)(1) Section 101(aX27) (8 U.S.C. 1101(aX27)) is amended by striking 
out "or" at the end of subparagraph (F), by striking out the period at 
the end of subparagraph (G) and inserting in lieu thereof "; or", and 
by adding after subparagraph (G) the following new subparagraph: 
"(H) an immigrant, and his accompanying spouse and children, 
who— 
"(i) has graduated from a medical school or has qualified to 
practice medicine in a foreign state, 
"(ii) was fully and permanently licensed to practice medi-
cine in a State on January 9, 1978, and was practicing 
medicine in a State on that date, 
"(iii) entered the United States as a nonimmigrant under 
subsection (aXlSXH) or (aX15)(J) before January 10,1978, and 
"(iv) has been continuously present in the United States in 
the practice or study of medicine since the date of such 
entry.". 
(2) Section 245(cX2) (8 U.S.C. 1255(cX2)) is amended by inserting "or 
a special immigrant described in section 101(aX27XH)" after "an 
immediate relative as defined in section 201(b)". 
(e) The Secretary of Health and Human Services, after consultation 
with the Attorney General, the Secretary of State, and the Director of 
the International Communication Agency, shall evaluate the effec-
tiveness and value to foreign nations and to the United States of 
exchange programs for the graduate medical education or training of 
aliens who are graduates of foreign medical schools, and shall report 
to Congress, not later than January 15,1983, on such evaluation and 
include in such report such recommendations for changes in legisla-
tion and regulations as may be appropriate. 
PUBLIC LAW 97-116—DEC. 29, 1981 
95 STAT. 1615 
Detention 
expenses. 
SEC. 6. Section 223(b) (8 U.S.C. 1203(b)) is amended by striking out 
"one year from the date of issuance: Provided, That the Attorney 
General may in his discretion extend the validity of the permit for a 
period or periods not exceeding one year in the aggregate" and 
inserting in lieu thereof "two years from the date of issuance and 
shall not be renewable" 
SEC. 7. (a) Subsection (a) of section 237 (8 U.S.C. 1227) is amended to Deportation 
read as follows: 
"(aXD Any alien (other than an alien crewman) arriving in the 
United States who is excluded under this Act, shall be immediatelv 
deported, in accommodations of the same class in which he arrived, 
unless the Attorney General, in an individual case, in his discretion, 
concludes that immediate deportation is not practicable or proper. 
Deportation shall be to the country in which the alien boarded the 
vessel or aircraft on which he arrived in the United States, unless the 
alien boarded such vessel or aircraft in foreign territory contiguous to 
the United States or in any island acUacent thereto or adjacent to the 
United States and the alien is not a native, citizen, subject, or 
national of, or does not have a residence in, such foreign contiguous 
territory or adjacent island, in which case the deportation shall 
instead be to the country in which is located the port at which the 
alien embarked for such foreign contiguous territory or adjacent 
island. The cost of the maintenance including detention expenses and 
expenses incident to detention of any such alien while he is being 
detained shall be borne by the owner or owners of the vessel or 
aircraft on which he arrived, except that the cost of maintenance 
(including detention expenses and expenses incident to detention 
while the alien is being detained prior to the time he is offered for 
depNortation to the transportation line which brought him to the 
United States) shall not be ass^sed against the owner or owners of 
such vessel or aircraft if (A) the alien was in possession of a valid, 
unexpired immigrant visa, or (B) the alien (other than an alien 
crewman) was in possession of a valid, unexpired nonimmigrant visa 
or other document authorizing such alien to apply for temporary 
admission to the United States or an unexpired reentry permit issued 
to him, and (i) such application was made within one hundred and 
twenty days of the date of issuance of the visa or other document, or 
in the case of an alien in possession of a reentry permit, within one 
hundred and twenty days of the date on which the alien was last 
examined and admitted by the Service, or (ii) in the event the 
application was made later than one hundred and twenty days of the 
date of issuance of the visa or other document or such examination 
and admission, if the owner or owners of such vessel or aircraft 
established to the satisfaction of the Attorney General that the 
ground of exclusion could not have been ascertained by the exercise 
of due diligence prior to the alien's embarkation, or (C) the person 
claimed United States nationality or citizenship and was in posses-
sion of an unexpired United States passport issued to him by 
competent authority. 
"(2) If the government of the country designated in paragraph (1) 
will not accept the alien into its territory, the alien's deportation 
shall be directed by the Attorney General, in his discretion and 
without necessarily giving any priority or preference because of their 
order as herein set forth, either to— 
"(A) the country of which the alien is a subject, citizen, or 
national; 
"(B) the country in which he was born; 
"(C) the country in which he has a residence; or 
Nonacceptance 
of deported 
aliens. 
95 STAT. 1616 
PUBLIC LAW 97-116—DEC. 29, 1981 
Transportation 
expense. 
Deportation. 
8 use 1182. 
Waiver of 
deportation. 
"(D) any country which is willing to accept the alien into its 
territory, if deportation to any of the foregoing countries is 
impracticable, inadvisable, or impossible.". 
(b) Subsection (b) of such section is amended— 
(1) by striking out "to the country whence he came" in clause 
(3) and inserting in lieu thereof "to the country to which his 
deportation has been directed"; and 
(2) by striking out "collector of customs" each place it appears 
and inserting in lieu thereof "district director of customs". 
(c) Subsection (c) of such section is amended to read as follows: 
"(c) An alien shall be deported on a vessel or aircraft owned by the 
same person who owns the vessel or aircraft on which the alien 
arrived in the United States, unless it is impracticable to so deport 
the alien within a reasonable time. The transportation expense of the 
alien's deportation shall be borne by the owner or owners of the 
vessel or aircraft on which the alien arrived. If the deportation is 
effected on a vessel or aircraft not owned by such owner or owners, 
the transportation expense of the alien's deportation may be paid 
from the appropriation for the enforcement of this Act and recovered 
by civil suit from any owner, agent, or consignee of the vessel or 
aircraft on which the alien arrived.". 
SEC. 8. Section 241(f) (8 U.S.C. 1251(f)) is amended to read as follows: 
"(f)(lXA) The provisions of this section relating to the deportation 
of aliens within the United States on the ground that they were 
excludable at the time of entry as aliens who have sought to procure 
or have procured visas or other documentation, or entry into the 
United States, by fraud or misrepresentation, whether willful or 
innocent, may, in the discretion of the Attorney General, be waived 
for any alien (other than an alien described in subsection (a)(19)) 
who— 
"(i) is the spouse, parent, or child 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 was otherwise admissible to the United States at 
the time of such entry except for those grounds of inadmissibility 
specified under paragraphs (14), (20), and (21) of section 212(a) 
which were a direct result of that fraud or misrepresentation. 
"(B) A waiver of deportation for fraud or misrepresentation 
granted under subparagraph (A) shall also operate to waive de-
portation based on the grounds of inadmissibility at entry described 
under subparagraph (A)(ii) directly resulting from such fraud or 
misrepresentation. 
"(2) The provisions of subsection (aXll) as relate to a single offense 
of simple possession of 30 grams or less of marihuana may, in the 
discretion of the Attorney Greneral, be waived for any alien (other 
than an alien described in subsection (aX19)) who— 
"(A) is the spouse or child of a citizen of the United States or of 
an alien lawfully admitted for permanent residence, or 
"(B) has a child who is a citizen of the United States or an alien 
lawfully admitted for permanent residence, 
if it is established to the satisfaction of the Attorney General that the 
alien's deportation would result in extreme hardship to the United 
States citizen or lawfully resident spouse, parent, or child of such 
alien and that such waiver would not be contrary to the national 
welfare, safety, or security of the United States.". 
SEC. 9., Subsection if) of section 244 (8 U.S.C. 1254) is amended to 
read as follows: 
PUBLIC LAW 97-116—DEC. 29, 1981 
95 STAT. 1617 
"(f) The provisions of subsection (a) shall not apply to an alien 
who— 
"(1) entered the United States as a crewman subsequent to 
June 30,1964; 
"(2) was admitted to the United States as a nonimmigrant 
exchange alien as defined in section 101(a)(15XJ), or has acquired 
the status of such a nonimmigrant exchange alien after admis-
sion, in order to receive graduate medical education or training, 
regardless of whether or not the alien is subject to or has fulfilled 
the two-year foreign residence recjuirement of section 212(e); or 
"(3)(A) was admitted to the United States as a nonimmigrant 
exchange alien as defined in section 101(aX15XJ) or has acquired 
the status of such a nonimmigrant exchange alien after admis-
sion other than to receive graduate medical education or train-
ing, (B) is subject to the two-year foreign residence requirement 
of section 212(e), and (C) has not fulfilled that requirement or 
received a waiver thereof.". 
SEC. 10. Section 248 (8 U.S.C. 1258) is amended by striking out 
"except" and all that follows through the end and inserting in lieu 
thereof the following: "except in the case o
f
— 
"(1) an alien classified as a nonimmigrant under subparagraph 
(C), (D), or (K) of 
section 101(aX15), 
"(2) an alien classified as a nonimmigrant under subparagraph 
(J) of section 101(aX15) who came to the United States or acquired 
such classification in order to receive graduate medical educa-
tion or training, and 
"(3) an alien (other than an alien described in paragraph (2)) 
classified as a nonimmigrant under subparagraph (J) of section 
101(aX15) who is subject to the two-year foreign residence 
requirement of section 212(e) and has not received a waiver 
thereof, unless such alien applies to have the alien's classifica-
tion changed from classification under subparagraph (J) of sec-
tion 101(aX15) to a classification under subparagraph (A) or (G) of 
such section " 
SEC. 11. Section'265 (8 U.S.C. 1305) is amended to read as follows: 
"SEC. 265. (a) Each alien required to be registered under this title 
who is within the United States shall notify the Attorney General in 
writing of each change of address and new address within ten days 
from the date of such change and furnish with such notice such 
additional information as the Attorney General may require by 
regulation. 
(b) The Attorney General may in his discretion, upon ten days 
notice, require the natives of anj^ one or more foreign states, or any 
class or group thereof, who are within the United States and who are 
required to be registered under this title, to notify the Attorney 
General of their current addresses and furnish such additional 
information as the Attorney General may require. 
"(c) In the case of an alien for whom a parent or legal guardian is 
required to apply for registration, the notice required by this section 
shall be given to such parent or legal guardian.". 
SEC. 12. Subsection (b) of section 274 (8 U.S.C. 1324) is amended to 
read as follows: 
"(bXD Any conveyance, including any vessel, vehicle, or aircraft, 
which is used in the commission of a violation of subsection (a) shall 
be subject to seizure and forfeiture, except that— 
"(A) no conveyance used by any person as a common carrier in 
the transaction of business as a common carrier shall be forfeited 
under the provisions of this section unless it shall appear that the 
8 use 1101. 
8 use 1182. 
Nonimmigrant 
classification. 
Alien 
registration and 
address changes. 
eonveyances 
used in customs 
laws violation. 
95 STAT. 1618 
PUBLIC LAW 97-116-DEC. 29, 1981 
owner or other person in charge of such conveyance was a 
consenting party or privy to the illegal act; and 
"(B) no conveyance shall be forfeited under the provisions of 
this section by reason of any act or omission established by the 
owner thereof to have been committed or omitted by any person 
other than such owner while such conveyance was unlawfully in 
the possession of a person other than the owner in violation of 
the criminal laws of the United States or of any State. 
"(2) Any conveyance subject to seizure under this section may be 
seized without warrant if there is probable cause to believe the 
conveyance has been used in a violation of subsection (a) and 
circumstances exist where a warrant is not constitutionally required. 
"(3) All provisions of law relating to the seizure, summary and 
judicial forfeiture, and condemnation of property for the violation of 
the customs laws; the disposition of such property or the proceeds 
from the sale thereof; the remission or mitigation of such forfeitures; 
and the compromise of claims and the award of compensation to 
informers in respect of such forfeitures shall apply to seizures and 
forfeitures incurred, or alleged to have been incurred, under the 
provisions of this section, insofar as applicable and not inconsistent 
with the provisions hereof, except that duties imposed on customs 
officers or other persons regarding the seizure and forfeiture of 
conveyances under the customs laws shall be performed with respect 
to seizures and forfeitures carried out under the provisions of this 
section by such officers or persons authorized for that purpose by the 
Attorney General. 
"(4) Whenever a conveyance is forfeited under this section the 
Attorney General may— 
"(A) retain the conveyance for official use; 
"(B) sell the conveyance, in which case the proceeds from any 
such sale shall be used to pay all proper expenses of the 
proceedings for forfeiture and sale including expenses of seizure, 
maintenance of custody, advertising, and court costs; or 
"(C) require that the General Services Administration take 
custody of the conveyance and remove it for disposition in 
accordance with law. 
"(5) In all suits or actions brought for the forfeiture of any 
conveyance seized under this section, where the conveyance is 
claimed by any person, the burden of proof shall lie upon such 
claimant: Provided, That probable cause shall be first shown for the 
institution of such suit or action. In determining whether probable 
cause exists, any of the following shall be prima facie evidence that 
an alien involved in the alleged violation was not lawfully entitled to 
enter, or reside within, the United States: 
"(A) Records of any judicial or administrative proceeding in 
which that alien's status was an issue and in which it was 
determined that the alien was not lawfully entitled to enter, or 
reside within, the United States. 
"(B) Official records of the Service showing that the alien was 
not lawfully entitled to enter, or reside within, the United States. 
"(C) Testimony, by an immigration officer having personal 
knowledge of the facts concerning that alien's status, that the 
alien was not entitled to enter, or reside within, the United 
States.". 
SEC. 13. Section 286 (8 U.S.C. 1356) is amended— 
(1) by redesignating subsection (b) as subsection (c) and by 
inserting "and subsection (b)" in that subsection after "Except as 
otherwise provided in subsection (a)", and 
PUBLIC LAW 97-116—DEC. 29, 1981 
95 STAT. 1619 
(2) by inserting after subsection (a) the following new subsec-
tion: 
"(b) Moneys expended from appropriations for the Service for the 
purchase of 
evidence and subsequently recovered shall be reimbursed 
to the current appropriation for the Service/'. 
SEC. 14. Section 316(b) (8 U.S.C. 1427(b)) is amended by adding at the 
end the following: "The spouse and dependent unmarried sons €md 
daiuhters who are memoers of the household of a person who 
quujfies for the benefits of this subsection shall also be entitled to 
such benefits during the period for which they were residing abroad 
as dependent members of 
the household of 
the person.". 
SEC. 15. (a) Section 329(b) (8 U.S.C. 1440(b)) is amended by inserting 
"and" at the end of 
paragrraph (3), by striking out"; and" at the end of 
paragraph (4) and inserting in lieu thereof a period, and by striking 
out paragraph (5). 
(b) Section 334(a) (8 U.S.C. 1445(a)) is amended by striking out "and 
duly verified by two witnesses,". 
(c) Section 335 (8 U.S.C. 1446) is amended— 
(1) by striking out "and the oaths of petitioner's witnesses to 
the petition for naturalization" in the second sentence of subsec-
tion (b); 
(2) by striking out subsections (f), (g), and (h); and 
(3) by redesignating subsection (i) as subsection (f). 
(d) Section 336 (8 U.S.C. 1447) is amended— 
(1) by striking out "and the witnesses" each place it appears in 
subsections (a) and (b); 
(2) by striking out subsection (c); 
(3) by redesignating subsection (d) as subsection (c); 
(4) by redesignating subsection (e) as subsection (d) and striking 
out the last sentence thereof; and 
(5) by redesignating subsection (f) as subsection (e). 
(e) Section 328(bX2) (8U.S.C. 1439(bX2)) is amended by striking out 
"and section 336(c)" and "and the witnesses". 
Sec. 16. Section 344(c) (8 U.S.C. 1455(c)) is amended by striking out 
"$6,000" each place it appears and inserting in lieu thereof 
"$40,000". 
SEC. 17. Section 13(b) of 
the Act of September 11,1957 (71 Stat. 642: 
8 U.S.C. 1255b(b)), is amended by inserting after "Attorney General*' 
the first place it appears the following: that the alien has shown 
compelling reasons demonstrating both that the alien is unable to 
return to the country represented by the government which accred-
ited the alien or the member of 
the alien's immediate family and that 
adjustment of the alien's status to that of an alien lawfully admitted 
forpermanent residence would be in the national interest, . 
SEC. 18. (a) Section 101 (8 U.S.C. 1101) is amended— 
(1) by striking out "Office of 
Education of 
the United States" in 
subsection (aX15XF) and inserting in lieu thereof "Secretary of 
Education"; 
(2) by striking out the period at the end of each of subpara-
graphs (H), (J), and (K) of subsection (aX15) and inserting in lieu 
thereof 
a semicolon; 
(3) by striking out the period at the end of subparagraph (L) of 
subsection (aK15) and inserting in lieu thereof "; or"; 
(4) by striking out the second sentence of 
subsection (aX33); and 
(5XA) by striking out "or" at the end of subparagraphs (A) and 
(B) of 
subsection (bXD, 
(B) by striking out the period at the end of subparagraph (C) of 
such subsection and inserting in lieu thereof a semicolon, and 
95 STAT. 1620 
PUBLIC LAW 97-116—DEC. 29, 1981 
(C) by striking out the period at the end of subparagraph (E) of 
such subsection and inserting in lieu thereof"; or . 
(b) Section 106(a)(1) (8 U.S.C. 1105a(aXl)) is amended by striking out 
the period at the end and inserting in lieu thereof a semicolon. 
(c) Section 202(b) (8 U.S.C. 1152(b)) is amended by inserting "and" 
before "(4)". 
(d) Section 204(a) (8 U.S.C. 1154(a)) is amended by striking out "of 
the relationships described in paragraphs" and inserting in lieu 
thereof "of a relationship described in paragraph". 
(e) Section 212 (8 U.S.C. 1182) is amended— 
(1) bv inserting ")" in subsection (aX32) after "is in the United 
States , and 
Alien 
(2) by adding at the end the following new subsection: 
admittance. 
«(j^) ^j^y ^^^^^ excludable from the United States under paragraph 
(14), (20), or (21) of subsection (a), who is in possession of an immigrant 
visa may, if otherwise admissible, be admitted in the discretion of the 
Attorney General if the Attorney General is satisfied that exclusion 
was not known to, and could not have been ascertained by the 
exercise of reasonable diligence by, the immigrant before the time of 
departure of the vessel or aircraft from the last port outside the 
United States and outside foreign contiguous territory or, in the case 
of an immigrant coming from foreign contiguous territory, before the 
time of the immigrant's application for admission.". 
(f) Section 221(a) (8 U.S.C. 1201(a)) is amended by striking out the 
period after "is charged" and inserting in lieu thereof a comma. 
(g) Section 231(d) (8 U.S.C. 1221(d)) is amended bv striking out 
"subsections" and inserting in lieu thereof "subsection . 
(hXl)(A) The eleventh sentence of subsection (b) of section 242 (8 
U.S.C. 1252) is amended by striking out "or (18)" and inserting in lieu 
thereof "(18), or (19)". 
(B) Subsection (e) of such section is amended by striking out "or 
(18)" and inserting in lieu thereof "(18), or (19)". 
(2) Subsection (a) of section 244 (8 U.S.C. 1254) is amended by 
inserting "(other than an alien described in section 241(aX19))" after 
"in the case of an alien" in the matter before paragraph (1). 
(i) The fourth sentence of section 243(a) (8 U.S.C. 1253(a)) is 
amended by inserting a comma after "subject". 
0') Section 244(d) (8 U.S.C. 1254(d)) is amended— 
(1) by striking out "nonpreference", and 
(2) by striking out "203(aX7)" and inserting in lieu thereof 
"201(a) or 202(a)^ 
(kXl) Section 291 (8 U.S.C. 1361) is amended by striking out "quota 
immigrant, or nonquota immigrant" and inserting in lieu thereof 
"immigrant, special immigrant, immediate relative, or refugee". 
(2) Section 349(a)(1) (8 U.S.C. 1481(a)(1)) is amended by striking 
out "nonquota immigrant" and inserting in lieu thereof "special 
immigrant". 
(1) Section 309 (8 U.S.C. 1409) is amended— 
(1) by striking out "(3), (4), (5), and (7) of section 301(a)" in 
subsection (a) and inserting in lieu thereof "(c), (d), (e), and (g) of 
section 301", and 
(2) by striking out "301(aX7)" in subsection (b) and inserting in 
lieu thereof "301(g)". 
(m) Sections 320(b), 321(b), and 322(b) (8 U.S.C. 1431(b), 1432(b), 
1433(b)) are each amended by striking out "a child adopted while 
under the age of sixteen years who" and inserting in lieu thereof "an 
adopted child only if the child". 
PUBLIC LAW 97-116—DEC. 29, 1981 
95 STAT. 1621 
(n) Section 322 (8 U.S.C. 1433) is further amended by adding after 
subsection (b) the following new subsection: 
"(c) In the case of an adopted child (1) who is in the United States at 
the time of naturalization, and (2) one of whose adoptive parents (A) 
petitions for naturalization of the child under this section, (B) meets 
the criteria of clauses (A), (B), and (C) of section 319(bXl), and (C) 8 use 1430. 
declares before the naturalization court in good faith an intention to 
take up residence within the United States immediately upon the 
termination of the emplo5rment described in section 319(b)(lXB), no 
specified period of residence within the jurisdiction of the naturaliza-
tion court or proof thereof shall be required.". 
(o) The fourth sentence of section 337(a) (8 U.S.C. 1448(a)) is 
amended by striking out "or 323". 
(p) Section 341 (8 U.S.C. 1452) is amended by striking out "(3), (4), 
(5), or (7) of section 301(a)" and inserting in lieu thereof "(c), (d), (e), or 
(g) of section 301". 
(q) Section 349 (8 U.S.C. 1481), as amended by section 4 of Public 
Law 95-432, is amended by striking out the second "(a)" after "349.". 
(r) Section 351 (8 U.S.C. 1483) is amended— 
(1) by striking out "paragraphs (7), (8), and (9) of section 349" in 
suljsection (a) and inserting in lieu thereof "paragraphs (6) and 
(7) of section 349(a)", and 
(2) by striking out "(5), and (6)" in subsection (b) and inserting 
in lieu thereof and (5)". 
(s) Section 404 (8 U.S.C. 1101 note) is amended by inserting "(other 
than chapter 2 of title IV)" after "this Act". 
(t) The table of contents is amended by striking out the items 
relating to sections 345,350,352,353,354, and 355. 
(u)(l) Section 1429 of title 18, United States (Dode, is amended by 
striking out "subsection (e)" and inserting in lieu thereof "subsection 
(d)". 
(2) The Act of March 16, 1956 (8 U.S.C 1401a) is amended by 
striking out "301(aX7)" and inserting in lieu thereof "301(g.)". 
SEC. 19. The numerical limitations contained in sections 201 and 8 use 1151 note. 
202 of the Immigration and Nationality Act shall not apply to any 8 use 1151, 
alien who is present in the United States and who, on or before ^^^^ 
June 1, 1978— 
(1) qualified as a nonpreference immigrant under section 
203(aX8) of such Act (as in effect on June 1,1978); 
8 use 1153. 
(2) was determined to be exempt from the labor certification 
requirement of section 212(aX14) of such Act because the alien 8 use 1182. 
had actually invested, before such date, capital in an enterprise 
in the United States of which the alien became a principal 
manager and which employed a person or persons (other than 
the spouse or children of the alien) who are citizens of the United 
States or aliens lawfully admitted for permanent residence; and 
(3) applied for adjustment of status to that of an alien lawfully 
admitted for permanent residence. 
SEC. 20. Section 201(a) (8 U.S.C. 1151(a)) is amended by inserting 
after "two hundred seventy thousand" the following: ": Provided, 
That to the extent that in a particular fiscal year the number of 
aliens who are issued immigrant visas or who may otherwise acquire 
the status of aliens lawfully admitted for permanent residence, and 
who are subject to the numerical limitations of this section, together 
with the aliens who adjust their status to aliens lawfully admitted for 
permanent residence pursuant to subparagraph (H) of section 
101(aX27) or section 19 of the Immigration and Nationality Amend- 8 use iioi. 
ments Act of 1981, exceed the annual numerical limitation in effect Supra. 
95 STAT. 1622 
PUBLIC LAW 97-116—DEC. 29, 1981 
pursuant to this section for such year, the Secretary of State shall 
reduce to such extent the annual numerical limitation in efifect 
pursuant to this section for the following fiscal year". 
(b) Section 202(a) (8 U.S.C. 1152(a)) is amended by inserting after 
"year" the following: ": Andprovixied further. That to the extent that 
in a particular fiscal year the number of such natives who are issued 
immigrant visas or who may otherwise acquire the status of aliens 
lawfully admitted for permanent residence and who are subject to the 
numerical limitation of this section, together with the aliens from the 
same foreign state who adjust their status to aliens lawfully admitted 
for permanent residence pursuant to subparagraph (H) of section 
8 use 1101. 
101(aX27) or section 19 of the Immigration and Nationality Amend-
Ante, p. 1621. 
ments Act of 1981, exceed the numerical limitation in effect for such 
year pursuant to this section, the Secretary of State shall reduce to 
such extent the numerical limitation in effect for the natives of the 
same foreign state pursuant to this section for the following fiscal 
year". 
Effective dates. 
SEC. 21. (a) Except as provided in subsection (b) and in section 5(c), 
8 use 1101 note, the amendments made by this Act shall take effect on the date of the 
enactment of 
this Act. 
(bXD The amendments made by section 2(a) shall apply on and 
after the first day of the sixth month beginning after the date of the 
enactment of 
this Act. 
(2) The amendment made by section 16 shall apply to fiscal years 
beginning on or after October 1,1981. 
Approved December 29, 1981. 
LEGISLATIVE HISTORY—H.R. 4327: 
HOUSE REPORT No. 97-264 (Comm. on the Judiciary). 
eONGRESSIONAL RECORD, Vol. 127 (1981): 
Oct. 13, considered and peissed House. 
Dec. 16, considered and passed Senate, amended; House concurred in Senate 
amendments.