Miscellaneous and Technical Immigration and Naturalization Amendments of 1991
PL 102-232 (H.R.3049), enacted 12/12/1991

PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1733 
Public Law 102-232 
,, 
102d Congress 
An Act 
To amend the Immigration and Nationality Act to restore certain exclusive authority 
in courts to administer oaths of allegiance for naturalization, to revise provisions 
Dec. 12, 1991 
relating to O and P nonimmigrants, and to make certain technical corrections 
[H.R. 3049] 
relating to the immigration laws. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Miscellaneous 
and Technical 
Immigration and 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Naturalization 
(a) SHORT TITLE.—This Act may be cited as the "Miscellaneous 
1991. 
and Technical Immigration and Naturalization Amendments of 8 USC1101 note. 
1991". 
(b) TABLE OF CONTENTS.—The table of contents of this Act is as 
follows: 
Sec. 1. Short title; table of contents. 
TITLE I—JUDICIAL NATURALIZATION CEREMONIES AMENDMENTS 
Sec. 101. Short title of title. 
Sec. 102. Court authority to administer oaths of allegiance for naturalization. 
TITLE II—O AND P NONIMMIGRANT AMENDMENTS 
Sec. 201. Short title of title. 
Sec. 202. Repeal of numerical limitations on P-1 and P-3 nonimmigrants; GAO 
report. 
Sec. 203. Standards for classification of P-1 nonimmigrants. 
Sec. 204. Consultation requirement. 
Sec. 205. Amendments relating to O nonimmigrants. 
Sec. 206. Amendments relating to P nonimmigrants. 
Sec. 207. Other amendments. 
Sec. 208. Effective date. 
TITLE III—MISCELLANEOUS AND TECHNICAL CORRECTIONS 
Sec. 301. Short title of title; reference to the Immigration and Nationality Act. 
Sec. 302. Corrections relating to title I of the Immigration Act of 1990. 
Sec. 303. Corrections relating to title II of the Immigration Act of 1990. 
Sec. 304. Corrections relating to title III of the Immigration Act of 1990. 
Sec. 305. Corrections relating to title IV of the Immigration Act of 1990. 
Sec. 306. Corrections relating to title V of the Immigration Act of 1990. 
Sec. 307. Corrections relating to title VI of the Immigration Act of 1990. 
Sec. 308. Corrections relating to title VII of the Immigration Act of 1990. 
Sec. 309. Additional miscellaneous corrections. 
Sec. 310. Effective dates. 
TITLE I—JUDICIAL NATURALIZATION 
SSization 
CEREMONIES AMENDMENTS 
A^IXSts o
f 
1991. 
SEC. 101. SHORT TITLE OF TITLE. 
8 USC 1101 note. 
This title may be cited as the "Judicial Naturalization Ceremonies 
Amendments of 1991". 
105 STAT. 1734 
PUBLIC LAW 102-232--DEC. 12, 1991 
SEC. 102. COURT AUTHORITY TO ADMINISTER OATHS OF ALLEGIANCE 
FOR NATURALIZATION. 
(a) IN GENERAL.—Subsection (b) of section 310 of the Immigration 
and Nationality Act (8 U.S.C. 1421), as amended by section 401(a) of 
the Immigration Act of 1990, is amended to read as follows: 
"OJ) COURT AUTHORITY To ADMINISTER OATHS.— 
"(1) JURISDICTION.—Subject to section 337(c)— 
"(A) 
GENERAL JURISDICTION.—Except as 
provided 
in 
subparagraph (B), each applicant for naturalization may 
choose to have the oath of allegiance under section 337(a) 
administered by the Attorney General or by an eligible 
court described in paragraph (5). Each such eligible court 
shall have authority to administer such oath of allegiance 
to persons residing within the jurisdiction of the court. 
"(B) EXCLUSIVE AUTHORITY.—An eligible court described 
in paragraph (5) that wishes to have exclusive authority to 
administer the oath of allegiance under section 337(a) to 
persons residing within the jurisdiction of the court during 
the period described in paragraph (3)(A)(i) shall notify the 
Attorney General of such wish and, subject to this subsec-
tion, shall have such exclusive authority with respect to 
such persons during such period. 
"(2) INFORMATION.— 
"(A) GENERAL INFORMATION.—In the case of a court 
exercising authority under paragraph (1), in accordance 
with procedures established by the Attorney General— 
"(i) the applicant for naturalization shall notify the 
Attorney General of the intent to be naturalized before 
the court, and 
"(ii) the Attorney General— 
"(I) shall forward to the court (not later than 10 
days after the date of approval of an application for 
naturalization in the case of a court which has 
provided notice under paragraph (1)(B)) such 
information as may be necessary to administer the 
oath of allegiance under section 337(a), and 
"(II) shall promptly forward to the court a certifi-
cate of naturgdization (prepared by the Attorney 
General). 
"(B) ASSIGNMENT OF INDIVIDUALS IN THE CASE OF EXCLU-
SIVE AUTHORITY.—If an eligible court has provided notice 
under paragraph (1)(B), the Attorney General shall inform 
each person (residing within the jurisdiction of the court), 
at the time of the approval of the person's application for 
naturalization, of— 
"(i) the court's exclusive authority to administer the 
oath of allegiance under section 337(a) to such a person 
during the period specified in paragraph (3)(A)(i), and 
"(ii) the date or dates (if any) under paragraph (3)(B) 
on which the court has scheduled oath administration 
ceremonies. 
If more than one eligible court in an area has provided 
notice under paragraph (1)(B), the Attorney General shall 
permit the person, at the time of the approval, to choose the 
court to which the information will be forwarded for 
administration of the oath of allegiance under this section. 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1735 
"(3) SCOPE OF EXCLUSIVE AUTHORITY.— 
"(A) LIMITED PERIOD AND ADVANCE NOTICE REQUIRED.— 
The exclusive authority of a court to administer the oath of 
allegiance under paragraph (1)(B) shall apply with respect 
to a person— 
"(i) only during the 45-day period beginning on the 
date on which the Attorney General certifies to the 
court that an applicant is eligible for naturalization, 
and 
"(ii) only if the court has notified the Attorney Gen-
; , / 
eral, prior to the date of certification of eligibility, of 
the day or days (during such 45-day period) on 
which the court has scheduled oath administration 
ceremonies. 
"(B) 
AUTHORITY 
OF ATTORNEY 
GENERAL.—Subject 
to 
subparagraph (C), the Attorney General shall not admin-
ister the oath of allegiance to a person under subsection (a) 
during the period in which exclusive authority to admin-
ister the oath of allegiance may be exercised by an eligible 
court under this subsection with respect to that person. 
"(C) WAIVER OF EXCLUSIVE AUTHORITY.—Notwithstanding 
the previous provisions of this paragraph, a court may 
waive exclusive authority to administer the oath of alle-
giance under section 337(a) to a person under this subsec-
tion if the Attorney General has not provided the court 
with the certification described in subparagraph (A)(i) 
within a reasonable time before the date scheduled by the 
court for oath administration ceremonies. Upon notification 
of a court's waiver of jurisdiction, the Attorney General 
shall promptly notify the applicant. 
"(4) ISSUANCE OF CERTIFICATES.—The Attorney General shall 
provide for the issuance of certificates of naturalization at the 
time of administration of the oath of allegiance. 
"(5) ELIGIBLE COURTS.—For purposes of this section, the term 
'eligible court' means— 
"(A) a District Court of the United States in any State, or 
"(B) any court of record in any 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.". 
(b) CONFORMING AMENDMENTS.— 
(1) FUNCTIONS OF CLERKS.—Section 339(a) of such Act (8 U.S.C. 
1450(a)) is amended— 
(A) by striking paragraph (1) and inserting the following: 
"(1) deliver to each person administered the oath of allegiance 
by the court pursuant to section 337(a) the certificate of natu-
ralization prepared by the Attorney General pursuant to section 
310(b)(2)(A)(ii),", 
(B) in paragraph (2), by inserting "a list of applicants 
actually taking the oath at each scheduled ceremony and" 
after "Attorney General", 
(C) by striking paragraph (3), 
(D) in paragraph (4), by striking the period at the end and 
' 
inserting ", and ' and by redesignating such paragraph as 
paragraph (3), 
(E) by inserting after paragraph (3), as so redesignated, 
the following new paragraph: 
105 STAT. 1736 
PUBLIC LAW 102-232—DEC. 12, 1991 
"(4) be responsible for all blank certificates of naturalization 
received by them from time to time from the Attorney General 
and shall account to the Attorney General for them whenever 
required to do so.", and 
(F) by adding at the end the following: 
"No certificate of naturalization received by any clerk of court 
which may be defaced or injured in such manner as to prevent its 
use as herein provided shall in any case be destroyed, but such 
certificates shall be returned to the Attorney General.". 
(2) EXPEDITED ADMINISTRATION OF OATH.—Subsection (c) of 
section 337 of such Act (8 U.S.C. 1448) is amended to read as 
follows: 
"(c) Notwithstanding section 310(b), an individual may be granted 
an expedited judicial oath administration ceremony or administra-
tive naturalization by the Attorney General upon demonstrating 
sufficient cause. In determining whether to grant an expedited 
judicial oath administration ceremony, a court shall consider special 
circumstances (such as serious illness of the applicant or a member 
of the applicant's immediate family, permanent disability suffi-
ciently incapacitating as to prevent the applicant's personal 
appearance at the scheduled ceremony, developmental disability or 
advanced age, or exigent circumstances relating to travel or employ-
ment). If an expedited judicial oath administration ceremony is 
impracticable, the court shall refer such individual to the Attorney 
General who may provide for immediate administrative naturaliza-
tion.". 
(3) FEES.—Section 344 of such Act (8 U.S.C. 1455) is amended 
by adding at the end the following new subsection: 
"(f)(1) The Attorney General shall pay over to courts administer-
ing oaths of allegiance to persons under this title a specified percent-
age of all fees described in subsection (a)(1) collected by the Attorney 
General with respect to persons administered the oath of allegiance 
by the respective courts. The Attorney General, annually and in 
consultation with the courts, shall determine the specified percent-
age based on the proportion, of the total costs incurred by the 
Service and courts for essential services directly related to the 
naturalization process, which are incurred by courts. 
Reports. 
"(2) The Attorney General shall provide on an annual basis to the 
Committees on the Judiciary of the House of Representatives and of 
the Senate a detailed report on the use of the fees described in 
paragraph (1) and shall consult with such Committees before 
increasing such fees.". 
8 use 1421 note. 
(c) EFFECTIVE DATE.—The amendments made by this title shall 
take effect 30 days after the date of the enactment of this Act. 
Nonimmigrant 
TITLE II—O AND P NONIMMIGRANT 
Amendments of 
AMENDMENTS 
8 u s e 1101 note. 
SEC. 201. SHORT TITLE OF TITLE. 
This title may be cited as the "O and P Nonimmigrant Amend-
ments of 1991". 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1737 
SEC. 202. REPEAL OF NUMERICAL LIMITATIONS ON P-1 AND P-3 
NONIMMIGRANTS; GAO REPORT. 
(a) IN GENERAL.—Section 214(g)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)), as added by section 205(a) of the 
Immigration Act of 1990, is amended— 
(1) by adding "or" at the end of subparagraph (A), 
(2) by striking ", or" at the end of subparagraph (B) and 
inserting a period, and 
(3) by striking subparagraph (C). 
(b) REPORT.—(1) By not later than October 1,1994, the Comptroller 
8 USC llOl note. 
General of the United States shall submit to the Committees on the 
Judiciary of the Senate and of the House of Representatives a report 
containing information relating to the admission of artists, enter-
tainers, athletes, and related support personnel as nonimmigrants 
under subparagraphs (O) and (P) of section 101(a)(lD) of the Immigra-
tion and Nationality Act, and information on the laws, regulations, 
and practices in effect in other countries that affect United States 
citizens and permanent resident aliens in the arts, entertainment, 
and athletics, in order to evaluate the impact of such admissions, 
laws, regulations, and practices on such citizens and aliens. 
(2) Not later than 30 days after the date the Committee of the 
Judiciary on the Senate receives the report under paragraph (1), the 
Chairman of the Committee shall make the report available to 
interested parties and shall hold a hearing respecting the report. No 
later than 90 days after the date of receipt of the report, such 
Committee shall report to the Senate its findings and any legislation 
it deems appropriate. 
SEC. 203. STANDARDS FOR CLASSIFICATION OF P-1 NONIMMIGRANTS. 
(a) SUBSTITUTION OF NEW STANDARDS.—Clause (i) of section 
101(a)(15)(P) of the Immigration and Nationality Act, as added by 
section 207(a)(3) of the Immigration Act of 1990, is amended to read 
8 USC llOl. 
as follows: 
"(i)(a) is described in section 214(c)(4)(A) (relating to ath-
letes), or (b) is described in section 214(c)(4)(B) (relating to 
entertainment groups);". 
03) NEW STANDARDS.—Section 214(c)(4) of such Act, as added by 
section 20703)(2)(B) of the Immigration Act of 1990, is amended by 
redesignating subparagraphs (A) through (C) as subparagraphs (C) 
through (E) and by inserting before subparagraph (C), as so redesig-
nated, the following new subparagraphs: 
"(A) For purposes of section 101(a)(15)(P)(i)(a), an alien is described 
in this subparagraph if the alien— 
"(i) performs as an athlete, individually or as part of a group 
or team, at an internationally recognized level of performance, 
and 
"(ii) seeks to enter the United States temporarily and solely 
for the purpose of performing as such an athlete with respect to 
a specific athletic competition. 
"(BXi) For purposes of section 101(a)(15)(P)(i)(b), an alien is de-
scribed in this subparagraph if the alien— 
"(I) performs with or is an integral and essential part of the 
performance of an entertainment group that has (except as 
provided in clause (ii)) been recognized internationally as being 
outstanding in the discipline for a sustained and substantial 
period of time. 
105 STAT. 1738 
PUBLIC LAW 102-232—DEC. 12, 1991 
"(11) in the case of a performer or entertainer, except as 
provided in clause (iii), has had a sustained and substantial 
relationship with that group (ordinarily for at least one year) 
and provides functions integral to the performance of the group, 
and 
"(III) seeks to enter the United States temporarily and solely 
for the purpose of performing as such a performer or enter-
tainer or as an integral and essential part of a performance. 
"(ii) In the case of an entertainment group that is recognized 
nationally as being outstanding in its discipline for a sustained and 
substantial period of time, the Attorney General may, in consider-
ation of special circumstances, waive the international recognition 
requirement of clause (i)(I). 
"(iii)(I) The one-year relationship requirement of clause (i)(II) shall 
not apply to 25 percent of the performers and entertainers in a 
group. 
"(II) The Attorney General may waive such one-year relationship 
requirement for an alien who because of illness or unanticipated 
and exigent circumstances replaces an essential member of the 
group and for an alien who augments the group by performing a 
critical role. 
"(iv) The requirements of subclauses (I) and (II) of clause (i) shall 
not apply to alien circus personnel who perform as part of a circus 
or circus group or who constitute an integral and essential part of 
the performance of such circus or circus group, but only if such 
personnel are entering the United States to join a circus that has 
been recognized nationally as outstanding for a sustained and 
substantial period of time or as part of such a circus.". 
SEC. 204. CONSULTATION REQUIREMENT. 
Section 214(c) of the Immigration and Nationality Act, as 
8 use 1184. 
amended by section 207(b)(2) of the Immigration Act of 1990, is 
amended— 
(1) in paragraph (3)(A), by striking "after consultation with 
peer groups in the area of the alien's ability" and inserting 
"after consultation in accordance with paragraph (6)", 
(2) in paragraph (3)(B), by striking "'after consultation with 
labor organizations with expertise in the skill area involved" 
and inserting "after consultation in accordance with paragraph 
(6) or, in the case of such an alien seeking entry for a motion 
picture or television production, after consultation with such a 
labor organization and a management organization in the area 
of the alien's ability", 
(3) in paragraph (4)(C), as redesignated by section 203(b), by 
striking "clause (ii) of, 
(4) in paragraph (4)(D), as redesignated by section 203(b), by 
striking "after consultation with labor organizations with 
expertise in the specific field of athletics or entertainment 
involved" and inserting "after consultation in accordance with 
paragraph (6)", 
(5) by redesignating paragraph (6) as paragraph (7), and 
(6) by inserting after paragraph (5) the following new 
paragraph: 
"(6)(A)(i) To meet the consultation requirement of paragraph (3)(A) 
in the case of a petition for a nonimmigrant described in section 
101(a)(15)(O)(i) (other than with respect to aliens seeking entry for a 
motion picture or television production), the petitioner shall submit 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1739 
with the petition an advisory opinion from a peer group (or other 
person or persons of its choosing, which may include a labor 
organization) with expertise in the specific field involved. 
"(ii) To meet the consultation requirement of paragraph (3)(B) in 
the case of a petition for a nonimmigrant described in section 
101(a)(15)(O)(ii) (other than with respect to aliens seeking entry for a 
motion picture or television production), the petitioner shall submit 
with the petition an advisory opinion from a labor organization with 
expertise in the skill area involved. 
"(iii) To meet the consultation requirement of paragraph (4)(D) in 
the case of a petition for a nonimmigrant described in section 
101(a)(15)(P)(i) or 101(aX15)(PXiii), the petitioner shall submit with 
the petition an advisory opinion from a' labor organization with 
expertise in the specific field of athletics or entertainment involved. 
"(B) To meet the consultation requirements of subparagraph (A), 
unless the petitioner submits with the petition an advisory opinion 
from an appropriate labor organization, the Attorney General shall 
forward a copy of the petition and all supporting documentation to 
the national office of an appropriate labor organization within 5 
days of the date of receipt of the petition. If there is a collective 
bargaining representative of an employer's employees in the occupa-
tional classification for which the alien is being sought, that rep-
resentative shall be the appropriate labor organization. 
"(C) In those cases in which a petitioner described in subpara-
graph (A) establishes that an appropriate peer group (including a 
labor organization) does not exist, the Attorney General shall adju-
dicate the petition without requiring an advisory opinion. 
"(D) Any person or organization receiving a copy of a petition 
described in subparagraph (A) and supporting documents shall have 
no more than 15 days following the date of receipt of such docu-
ments within which to submit a written advisory opinion or com-
ment or to provide a letter of no objection. Once the 15-day period 
has expired and the petitioner has had an opportunity, where 
appropriate, to supply rebuttal evidence, the Attorney General shall 
adjudicate such petition in no more than 14 days. The Attorney 
General may shorten any specified time period for emergency rea-
sons if no unreasonable burden would be thus imposed on any 
participant in the process. 
"(E)(i) The Attorney General shall establish by regulation expe- R^ulations. 
dited consultation procedures in the case of nonimmigrant artists or 
entertainers described in section 101(a)(15XO) or 101(aX15XP) to 
accommodate the exigencies and scheduling of a given production or 
event. 
"(ii) The Attorney General shall establish by regulation expedited 
consultation procedures in the case of nonimmigrant athletes de-
scribed in section 101(aX15XOXi) or 101(aX15XPXi) in the case of 
emergency circumstances (including trades during a season). 
"(F) No consultation required under this subsection by the Attor-
ney General with a nongovernmental entity shall be construed as 
permitting the Attorney General to delegate any authority under 
this subsection to such an entity. The Attorney General shall give 
such weight to advisory opinions provided under this section as 
the Attorney General determines, in his sole discretion, to be 
appropriate.". 
105 STAT. 1740 
PUBLIC LAW 102-232—DEC. 12, 1991 
SEC. 205. AMENDMENTS RELATING TO O NONIMMIGRANTS. 
(a) DEFINITION OF EXTRAORDINARY ABIUTY IN THE ARTS FOR O 
NONIMMIGRANTS.—Section 101(a) of the Immigration and National-
ity Act, as amended by sections 123 and 204(c) of the Immigration 
8 use 1101. 
Act of 1990, is amended by adding at the end the following new 
paragraph: 
"(46) The term 'extraordinary ability' means, for purposes of 
section 101(a)(15)(O)(i), in the case of the arts, distinction.". 
(b) ELIMINATING ADDITIONAL PAPERWORK REQUIREMENT FOR O -
Is.—Section 101(a)(15)(O)(i) of the Immigration and Nationality Act, 
as amended by section 207(a)(3) of the Immigration Act of 1990, is 
amended by striking '*, but only" and all that follows up to the 
semicolon at the end. 
(c) CLARIFICATION OF SIGNIFICANT PHOTOGRAPHY FOR 0-2S.—Sec-
tion 101(a)(15)(O)(ii)(III)(b) of the Immigration and Nationality Act, 
as added by section 207(a)(3) of the Immigration Act of 1990, is 
amended by striking "significant principal photography" and insert-
ing "significant production (including pre- and post-production 
work)". 
(d) 
CLARIFICATION OF MULTIPLE EVENTS FOR VISAS FOR 
O 
NONIMMIGRANTS.—Section 214(a)(2)(A) of the Immigration and 
Nationality Act, as added by section 207(b)(1) of the Immigration Act 
8 use 1184. 
of 1990, is amended by inserting "(or events)" after "event". 
(e) 
CONSULTATION 
WITH 
RESPECT 
TO 
READMITTED 
0-1 
NONIMMIGRANTS.—Section 
214(c)(3) 
of 
the 
Immigration 
and 
Nationality Act, as added by section 207(b)(2)(B) of the Immigration 
Regulations. 
Act of 1990, is amended by adding at the end the following: "The 
Attorney General shall provide by regulation for the waiver of the 
consultation requirement under subparagraph (A) in the case of 
aliens who have been admitted as nonimmigrants under section 
101(a)(15)(O)(i) because of extraordinary ability in the arts and who 
seek readmission to perform similar services within 2 years after the 
date of a consultation under such subparagraph. Not later than 5 
days after the date such a waiver is provided, the Attorney General 
shall forward a copy of the petition and all supporting documenta-
tion to the national office of an appropriate labor organization.". 
SEC. 206. A M E N D M E N T S RELATING TO P NONIMMIGRANTS. 
(a) ELIMINATING 3-MONTH OUT-OF-COUNTRY RULE FOR P - 2 AND P - 3 
NONIMMIGRANTS.—Section 214(a)(2)(B) of the Immigration and 
Nationality Act, as added by section 207(b)(1) of the Immigration Act 
of 1990, is amended— 
(1) by striking "(B)(i)" and inserting "(B)", and 
(2) by striking clause (ii). 
(b) 
TREATMENT 
OF 
FOREIGN 
ORGANIZATIONS 
FOR 
P - 2 
NONIMMIGRANTS.—Section 101(a)(15)(P)(ii)(II) of the Immigration 
and Nationality Act, as added by section 207(a)(3) of the Immigra-
tion Act of 1990, is amended by inserting "or organizations" after 
"and an organization". 
(c) 
TREATMENT 
OF 
P-2 
NONIMMIGRANTS.—(1) 
Section 
101(a)(15)(P)(ii)(II) of the Immigration and Nationality Act, as added 
by section 207(a)(3) of the Immigration Act of 1990, is amended by 
striking ", between the United States and the foreign states 
involved". 
(2) Section 214(c)(4)(E) of the Immigration and Nationality Act, as 
added by 207(b)(2XB) of the Immigration Act of 1990 and as redesig-
PUBLIC LAW 102-232—DEC. 12,1991 
105 STAT. 1741 
nated by section 203(b) of this title, is amended by striking ", in 8 USC 1184. 
order to assure reciprocity in fact with foreign states". 
(d) PERFORMANCE OF TEACHING AND COACHING FUNCTIONS BY P - 3 
NONIMMIGRANTS.—Section 101(aX15)(P)(iii)(II) of the Immigration 
and Nationality Act, as added by section 207(aX3) of the Immigra-
tion Act of 1990, is amended— 
8 use iioi. 
(1) by striking "for the purpose of performing" and inserting 
"to perform, teach, or coach", and 
(2) by inserting "commercial or noncommercial" before "pro-
gram". 
SEC. 207. OTHER AMENDMENTS. 
(a) 
RETURN 
TRANSPORTATION REQUIREMENT FOR 
O 
AND 
P 
NONIMMIGRANTS.—Section 
214(cX5) 
of 
the 
Immigration 
and 
Nationsdity Act, as added by section 2070t)X2) of the Immigration Act 
of 1990, is amended by inserting "(A)" after "(5)" and by adding at 8 USC 1184. 
the end the following new subparagraph: 
"(B) In the case of an alien who enters the United States in 
nonimmigrant status under section 101(aX15)(O) or 101(aX15)(P) and 
whose employment terminates for reasons other than voluntary 
resignation, the employer whose offer of employment formed the 
basis of such nonimmigrant status and the petitioner are jointly and 
severally liable for the reasonable cost of return transportation of 
the alien abroad. The petitioner shall provide assurance satisfactory 
to the Attorney General that the reasonable cost of that transpor-
tation will be provided.". 
(b) 
ENTRY 
OF 
FASHION 
MODELS 
UNDER 
H-IB.—Section 
101(aX15XHXi)(b) of the Immigration and Nationality Act, as 
amended by section 205(c)(1) of the Immigration Act of 1990, is 
amended— 
(1) by inserting "or as a fashion model" after "214(iXl)", and 
(2) by inserting "or, in the case of a fgishion model, is of 
distinguished merit and ability" after "214(iX2)". 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—Section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(cX3)), as amended by section 
207(bX2) of the Immigration Act of 1990 and by section 204 of 
this title, is amended by adding at the end the following new 
paragraph: 
"(8) The Attorney (Jeneral shall submit annually to the Commit-
tees on the Judiciary of the House of Representatives and of the 
Senate a report describing, with respect to petitions under each 
subcategory of subparagraphs (H), (O), (P), and (Q) of section 
101(aX15) the following: 
"(A) The number of such petitions which have been filed. 
"(B) The number of such petitions which have been approved 
and the number of workers (by occupation) included in such 
approved petitions. 
"(C) The number of such petitions which have been denied 
and the number of workers (by occupation) requested in such 
denied petitions. 
"(D) The number of such petitions which have been 
withdrawn. 
"(E) The number of such petitions which are awaiting final 
action.". 
105 STAT. 1742 
PUBLIC LAW 102-232—DEC. 12, 1991 
8 use 1184 note. 
(2) DEADLINE FOR FIRST REPORT.—The first report under sec-
tion 214(c)(8) of the Immigration and NationaHty Act shall be 
provided not later than April 1,1993. 
8 use 1101 note. 
SEC. 208. EFFECTIVE DATE. 
The provisions of, and amendments made by, this title shall take 
effect on April 1,1992. 
T^ci"" 
TITLE III—MISCELLANEOUS AND 
a,r5^tionsAct 
TECHNICAL CORRECTIONS 
SEC. 301. SHORT TITLE OF TITLE; REFERENCE TO THE IMMIGRATION AND 
NATIONALITY ACT. 
8 use 1101 note. 
(a) This title may be cited as the "Immigration Technical Correc-
tions Act of 1991". 
(b) In this title, the term "INA" means the Immigration and 
Nationality Act. 
SEC. 302. CORRECTIONS RELATING TO TITLE I OF THE IMMIGRATION ACT 
OF 1990. 
(a)(1) Section 201 of the INA, as amended by section 101(a) of the 
8 use 1151. 
Immigration Act of 1990, is amended— 
(A) in subsection (c)(3), by striking "(3) The number computed 
under this paragraph for a fiscal year" and inserting the 
following: 
"(3)(A) The number computed under this paragraph for fiscal year 
1992 is zero. 
"(B) The number computed under this paragraph for fiscal year 
1993 is the difference (if any) between the worldwide level estab-
lished under paragraph (1) for the previous fiscal year and the 
number of visas issued under section 203(a) during that fiscal year. 
"(C) The number computed under this paragraph for a subsequent 
fiscal year"; and 
(B) in subsection (d)(2), by striking "(2) The number computed 
under this paragraph for a fiscal year" and inserting the follow-
ing: 
"(2)(A) The number computed under this paragraph for fiscal year 
1992 is zero. 
"(B) The number computed under this paragraph for fiscal year 
1993 is the difference (if any) between the worldwide level estab-
lished under paragraph (1) for the previous fiscal year and the 
number of visas issued under section 203(b) during that fiscal year. 
"(C) The number computed under this paragraph for a subsequent 
fiscal year". 
8 use 1151. 
(2) Section 101 of the Immigration Act of 1990 is amended by 
adding at the end the following new subsection: 
8 use 1151 note. 
"(c) TRANSITION.—In applying the second sentence of section 
201(b)(2)(A)(i) of the Immigration and Nationality Act (as amended 
by subsection (a)) in the case of a alien whose citizen spouse died 
before the date of the enactment of this Act, notwithstanding the 
deadline specified in such sentence the alien spouse may file the 
classification petition referred to in such sentence within 2 years 
after the date of the enactment of this Act.". 
(3) Section 202(a)(4)(A) of the INA, as amended by section 102(1) of 
8 use 1152. 
the Immigration Act of 1990, is amended by striking "MINIMUM". 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1743 
(bXD Section 112 of the Immigration Act of 1990 is amended— 8 USC1153 note. 
(A) in subsection (c), by striking "temporary or" before para-
graph (1), and 
(B) by adding at the end the following: 
"(d) DEFINITIONS.—The definitions in the Immigration 
and 
Nationality Act shall apply in the administration of this section.". 
(2) Section 203(b) of the INA, as inserted by section 121(a) of the 
Immigration Act of 1990, is amended— 
8 USC 1153. 
(A) in paragraphs (1), (2), and (3), by striking "40,000" and 
inserting "28.6 percent of such worldwide level' each place it 
appears, 
(B) in paragraph (IXC), by striking "who seeks" and inserting 
"the alien seeks', 
(C) in paragraphs (4) and (5), by striking "10,000" and insert-
ing "7.1 percent of such worldwide level" each place it appears, 
and 
(D) in paragraph (2XB), by inserting "professions," after 
"arts ". 
(3) Section 216A of the INA, as inserted by section 121(bXl) of the 
Immigration Act of 1990, is amended— 
8 USC 1186b. 
(A) in subsection (c)(2XA), by inserting "(and the alien's spouse 
and children if it w£is obtained on a conditional basis under this 
section or section 216)" after "status of the alien", and 
(B) in subsections (cX3XB) and (dX2)(A), by striking "obtaining 
the status of. 
(4) Section 121(bX2) of the Immigration Act of 1990 is amended by 104 Stat. 4994. 
striking "exclusion" and inserting "deportation". 
(5) Section 124(a) of the Immigration Act of 1990 is amended— 8 USC 1153 note. 
(A) in paragraph (1)— 
(i) by inserting "(or paragraph (2) as the spouse or child of 
such an alien)" after "paragraph (3)", and 
(ii) by adding at the end the following new sentence: "If 
the full number of such visas are not made available in 
fiscal year 1991 or 1992, the shortfall shall be added to the 
number of such visas to be made available under this 
section in the succeeding fiscal year."; and 
(B) in paragraph (3)(A), by striking "(and has been so em-
ployed during the 12 previous, consecutive months)" and insert-
ing "except for temporary absences at the request of the 
employer and has been employed in Hong Kong for at least 12 
consecutive months". 
(6) Section 132 of the Immigration Act of 1990 is amended— 
8 USC 1153 note. 
(A) in subsection (a), by inserting "(or in subsection (d) as the 
spouse or child of such an alien)" after "subsection (b)"; 
(B) in subsection (a), by adding at the end the following new 
sentence: "If the full number of such visas are not made avail-
able in fiscal year 1992 or 1993, the shortfall shall be added to 
the number of such visas to be made available under this 
section in the succeeding fiscal year."; 
(C) in subsection (b)(1), effective after fiscal year 1992, by Effective date, 
striking "that is not contiguous to the United States and'; 
(D) in subsection (c)— 
(i) effective beginning with fiscal year 1993, by striking Effective date, 
"in the chronological order in which aliens apply for each 
fiscal year" and inserting "strictly in a random order 
among those who qualify during the application period for 
each fiscal year established by the Secretary of State", 
105 STAT. 1744 
PUBLIC LAW 102-232—DEC. 12, 1991 
(ii) by inserting before the period at the end the following: 
"and except that if more than one application is submitted 
for any fiscal year (beginning with fiscal year 1993) with 
respect to any alien all such applications submitted with 
respect to the alien and fiscal year shall be voided", and 
(iii) by adding at the end the following: "If the minimum 
number of such visas are not made available in fiscal year 
1992 or 1993 to such natives, the shortfall shall be added to 
the number of such visas to be made available under this 
Ireland. 
section to such natives in the succeeding fiscal year. In 
applying this section, natives of Northern Ireland shall be 
deemed to be natives of Ireland."; and 
(E) in subsection (e)— 
(i) by striking "the grounds" and all that follows through 
"shall not apply, and", 
(ii) by striking "of such section" and inserting "of section 
212(a) of the Immigration and Nationality Act", and 
(iii) by adding at the end the following: "In addition, the 
provisions of section 212(e) of such Act shall not apply so as 
to prevent an individual's application for a visa or admis-
sion under this section.". 
8 use 1153 note. 
(7) Section 134(a) of the Immigration Act of 1990 is amended by 
inserting "(or in subsection (d) as the spouse or child of such an 
8 use 1101 note. 
(c)(1) Section 141 of the Immigration Act of 1990 is amended— 
(A) in the heading, by striking "LEGAL", 
(B) in subsection (a), by striking "Legal", 
(C) in subsection (a)(1)(B), by striking "of the Subcommittee" 
and all that follows through "International Law", and 
(D) by adding at the end the following new subsection: 
"(i) PRESIDENTIAL REPORT.—The President shall conduct a review 
and evaluation and provide for the transmittal of reports to the 
Congress in the same manner as the Commission is required to 
conduct a review and evaluation and to transmit reports under 
subsection (b).". 
(2) The item in the table of contents of such Act relating to section 
141 is amended to read as follows: 
"Sec. 141. Commission on Immigration Reform.". 
8 use 1101 note. 
(d)(1) Section 152(b)(1)(A) of the Immigration Act of 1990 is 
amended by striking "who has performed faithful service" and 
inserting "and has performed faithful service as such an employee". 
(2) Section 245 of the INA, as amended by section 2(c) of the 
8 use 1255. 
Armed Forces Immigration Adjustment Act of 1991, is amended— 
(A) in subsection (c)(2), by inserting "(J)," after "(I),", and 
(B) by adding at the end the following new subsection: 
"(h) In applying this section to a special immigrant described in 
section 101(a)(27)(J)— 
"(1) such an immigrant shall be deemed, for purposes of 
subsection (a), to have been paroled into the United States; and 
"(2) 
in 
determining 
the 
alien's 
admissibility 
as 
an 
immigrant— 
"(A) paragraphs (4), (5)(A), and (7)(A) of section 212(a) 
shall not apply, and 
"(B) the Attorney General may waive other paragraphs of 
section 212(a) (other than paragraphs (2)(A), (2)(B), (2)(C) 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1745 
(except for so much of such paragraph as related to a single 
offense of simple possession of 30 grams or less of mari-
juana), (3)(A), (3)(B), (3)(C), or (3)(E)) in the case of individual 
aliens for humanitarian purposes, family unity, or when it 
is otherwise in the public interest. 
The relationship between an alien and the alien's natural parents or 
prior adoptive parents shall not be considered a factor in making a 
waiver under paragraph (2)(B). Nothing in this subsection or section 
101(a)(27)(J) shall be construed as authorizing an alien to apply for 
admission or be admitted to the United States in order to obtain 
special immigrant status described in such section.". 
(3) Section 241(h) of the IN 
A, as amended by section 153(b) of the 
Immigration Act of 1990, is amended by striking the comma after 
8 USC 1251. 
"(3)(A)". 
(4) Section 154 of the Immigration Act of 1990 is amended— 
8 USC 1201 note. 
(A) in subsection (b)(1)(A), by inserting "or China" after 
"Hong Kong", 
(B) in subsection (b)(l)(B)(i), by inserting "of after "of section 
203(a)", and 
(C) by striking paragraph (3) of subsection (c). 
(5) Section 155 of the Immigration Act of 1990 is amended— 8 USC 1153 note. 
(A) in subsection (a), by inserting "(or section 203(e), in the 
case of fiscal year 1992)" after "203(c)", and 
(B) in subsection (b), by striking "or the child" and inserting 
"or who are the spouse or child". 
(e)(1) Section 161(a) of the Immigration Act of 1990 is amended b^ 8 USC lioi note, 
striking "in this section," and inserting "in this title, this title and' . 
(2) Section 161(c)(1) of the Immigration Act of 1990 is amended— 
(A) by inserting "or an application for labor certification 
before such date under section 212(a)(14)" after "before such 
date)", 
(B) in subparagraph (A), by inserting "or application" after 
"such a petition", 
(C) in subparagraph (A), by inserting ", or 60 days after the 
date of certification in the case of labor certifications filed in 
support of the petition under section 212(a)(14) of such Act 
before October 1, 1991, but not certified until after October 1, 
1993" after "(by not later than October 1,1993", and 
(D) by adding at the end the following new sentence: 
"In the case of a petition filed under section 204(a) of such Act 
before October 1, 1991, but which is not described in paragraph 
(4), and for which a filing fee was paid, any additional filing fee 
shall not exceed one-half of the fee for the filing of the new 
petition referred to in subparagraph (A).". 
(3) Section 203(f) of the INA, as inserted by section 162(a) of the 
Immigration Act of 1990, is amended— 
^ USC 1153. 
(A) by striking "PRESUMPTION.—" and all that follows through 
"so described." and inserting 
"AUTHORIZATION FOR ISSU-
ANCE.—", and 
(B) by striking "201(b)(1) or in subsection (a) or (b)" and 
inserting "201(b)(2) or in subsection (a), (b), or (c)". 
(4) Section 204(a)(1) of the INA, as amended by section 162(b) of the 
Immigration Act of 1990, is amended— 
8 USC 1154. 
(A) in subparagraph (A), by adding at the end the following: 
"An alien described in the second sentence of section 
201(b)(2)(A)(i) also may file a petition with the Attorney General 
under this subparagraph for classification under such section.", 
105 STAT. 1746 
PUBLIC LAW 102-232—DEC. 12, 1991 
8 u s e 1154. 
8 u s e 1182. 
8 use 1255. 
Effective date. 
8 use 1101. 
8 use 1186a. 
8 use 1201. 
Effective date. 
8 use 1182. 
Effective date. 
8 u s e 1255 note. 
8 u s e 1187. 
8 u s e 1281. 
(B) in subparagraph (F), by striking "Secretary of State" and 
inserting "Attorney General", and 
(C) in subparagraph (G)(iii), by striking "or registration". 
(5) Section 204(e) of the INA, as amended by section 162(b)(3) of the 
Immigration Act of 1990, is amended by striking "a immigrant" and 
inserting "an immigrant". 
(6) Paragraph (1) of section 162(e) of the Immigration Act of 1990 is 
repealed, and the provisions of law amended by such paragraph are 
restored as though such paragraph had not been enacted. 
(7) Section 245(b) of the INA, as amended by section 162(e)(3) of the 
Immigration Act of 1990, is amended— 
(A) by striking "201(a)" and inserting "202 and 203", and 
(B) by striking "for the succeeding fiscal year" and inserting 
"for the fiscal year then current". 
(8) Effective as if included in section 162(e) of the Immigration Act 
of 1990— 
(A) clauses (ii)(II) and (iii)(II) of section 101(a)(27)(I) of the INA 
are amended by striking "applies for a visa or adjustment of 
status" and inserting "files a petition for status", 
(B) section 216(gXl) of the INA is amended by striking 
"203(a)(8)" and inserting "203(d)"; and 
(C) section 221(a) of the INA is amended by striking "non-
preference,". 
(9) Effective as if included in the Immigration Nursing Relief Act 
of 1989, section 212(m)(2)(A) of the INA is amended, by inserting 
after the first sentence following clause (vi) the following: "Notwith-
standing the previous sentence, a facility that lays off a registered 
nurse other than a staff nurse still meets clause (i) if, in its attesta-
tion under this subparagraph, the facility has attested that it will 
not replace the nurse with a nonimmigrant described in section 
101(a)(15)(H)(i)(a) (either through promotion or otherwise) for a 
period of 1 year after the date of the lay off.". 
(10) Effective as if included in the Immigration Nursing Relief Act 
of 1989, as amended by section 162(f)(1)(B) of the Immigration Act of 
1990, section 2(b) of the Immigration Nursing Relief Act of 1989 is 
amended by inserting after "registered nurse," the following: "who, 
as of September 1, 1989, is present in the United States and had 
been admitted to the United States in the status of nonimmigrant 
under section 101(a)(15)(H)(i) of such Act to perform services as a 
registered nurse but has failed to maintain that status due to the 
expiration of the time limitation with respect to such status,". 
SEC. 303. CORRECTIONS RELATING TO TITLE II OF THE IMMIGRATION 
ACT OF 1990. 
(a)(1) Section 217 of the INA, as amended by section 201(a) of the 
Immigration Act of 1990, is amended— 
(A) in subsection (a)(4), by striking "BY SEA OR AIR" and 
inserting "INTO THE UNITED STATES", and 
(B) in the heading of subsection (b), by striking "RIGHTS" and 
inserting "RIGHTS". 
(2) Section 217(e)(1) of the INA, as redesignated by section 201(a)(7) 
of the Immigration Act of 1990, is amended by striking "(a)(4)(C)" 
and inserting "(a)(4)". 
(3) The second sentence of section 251(d) of the INA, as inserted by 
section 203(b)(2) of the Immigration Act of 1990, is amended by 
striking "charterer" and inserting "consignee". 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1747 
(4) Section 258(c)(2)(B) of the INA, as inserted by section 203(a)(1) 
of the Immigration Act of 1990, is amended by striking "each such 8 USC 1288. 
list" and inserting "each list". 
(5XA) Section 101(a)(15)(H)(i)(b) of the INA, as amended by section 
205(c)(1) of the Immigration Act of 1990, is amended by inserting 8 USC 1101. 
"subject to section 212(j)(2)," after "(b)". 
(B) Section 212(j) of the INA is amended by striking paragraph (2) 8 USC 1182. 
and inserting the following: 
"(2) An alien who is a graduate of a medical school and who is 
coming to the United States to perform services as a member of the 
medical profession may not be admitted as a nonimmigrant under 
section 101(a)(15)(H)(i)(b) unless— 
"(A) the alien is coming pursuant to an invitation from a 
public or nonprofit private educational or research institution 
or agency in the United States to teach or conduct research, or 
both, at or for such institution or agency, or 
"(B)(i) the alien has passed the Federation licensing examina-
tion (administered by the Federation of State Medical Boards of 
the United States) or an equivalent examination as determined 
by the Secretary of Health and Human Services, and 
"(ii)(I) has competency in oral and written English or (II) is a 
graduate of a school of medicine which is accredited by a body 
or bodies approved for the purpose by the Secretary of Edu-
cation (regardless of whether such school of medicine is in the 
United States).". 
(6) Section 212(n)(l)(A)(ii) of the INA, as added by section 205(c)(3) 
of the Immigration Act of 1990, is amended by striking "for such 
aliens" and inserting "for such a nonimmigrant". 
(7)(A) Section 101(a)(15)(H)(i) of the INA, as amended by section 
205(c)(1) of the Immigration Act of 1990, is amended by striking 
", and had approved by,". 
(B) Section 212(n) of the INA, as added by section 205(c)(3) of the 
Immigration Act of 1990, is amended— 
(i) in paragraph (1)(A)— 
(I) by striking "and to other individuals employed in the 
occupational classification and in the area of employment" 
and inserting "admitted or provided status as a non-
immigrant described in section 101(aX15)(H)(i)(b)", 
(II) by amending subclause (I) to read as follows: 
"(I) the actual wage level paid by the employer to all 
other individuals with similar experience and qualifica-
tions for the specific employment in question, or", 
(III) after subclause (II), by striking "determined" and 
inserting "based on the best information available"; 
(ii) in paragraph (1)(D), by striking "(and accompanying docu-
mentation)" and inserting "(and such accompanying documents 
as are necessary)"; 
(iii) in paragraph (1), by moving the matter after the first 
sentence of subparagraph (D) flush with the left margin and by 
adding at the end the following: 
"The Secretary of Labor shall review such an application only for 
completeness and obvious inaccuracies. Unless the Secretary finds 
that the application is incomplete or obviously inaccurate, the Sec-
retary 
shall 
provide 
the 
certification 
described 
in 
section 
101(a)(15)(H)(i)(b) within 7 days of the date of the filing of the 
application."; 
105 STAT. 1748 
PUBLIC LAW 102-232—DEC. 12, 1991 
(iv) in paragraph (2)(C), by striking "(or a substantial failure" 
and all that follows through "misrepresentation" and inserting 
"of paragraph (1)(B), a substantial failure to meet a condition of 
paragraphs (1)(C) or (IXD), a willful failure to meet a condition 
of paragraph (1)(A), or a misrepresentation"; 
(v) in paragraph (2)(D), by striking "In addition to the sanc-
tions provided under subparagraph (C), i f and inserting "If; 
and 
(vi) in paragraph (2XD), by inserting before the period at the 
end the following: ", whether or not a penalty under subpara-
graph (C) has been imposed". 
Regulations. 
(8) The Secretary of Labor shall issue final or interim final 
8 use 1101 note, 
regulations to implement the changes made by this section to 
section 101(aX15)(H)(i)(b) and section 212(n) of the Immigration and 
Nationality Act no later than January 2,1992. 
8 use 1101 note. 
(9) Section 206(a) of the Immigration Act of 1990 is amended by 
inserting "and section 124(aX3XA) of this Act" after "Immigration 
and Nationality Act". 
(10) Section 214(cX2) of the INA, as added by section 206(bX2) of 
8 use 1184. 
the Immigration Act of 1990, is amended— 
(A) in subparagraph (A), by striking "individuals petitions" 
and inserting "individual petitions", and 
(B) in subparagraph (D)(ii), by striking "involved" and insert-
ing "involves". 
(11) Section 214(aX2)(A) of the INA, as added by section 207(b)(1) of 
the Immigration Act of 1990, is amended by striking "under section 
101(aX15)(O)" and inserting "described in section 101(aX15)(O)". 
(12) Section 214(cX5) of the INA, as added by section 207(bX2XB) of 
the Immigration Act of 1990, is amended by striking "101(HXii)(b)" 
and inserting "101(aX15)(H)(ii)(b)". 
8 use 1184 note. 
(13) Section 207(c) of the Immigration Act of 1990 is amended by 
inserting 
"of the 
Immigration 
and 
Nationality 
Act" 
after 
"101(aX15)(H)(ii)(a)" each place it appears. 
(14) Section 101(a)(15)(Q) of the INA, as added by section 208(3) of 
8 use 1101. 
the Immigration Act of 1990, is amended by striking "designated" 
and inserting "approved". 
8 use 1184 note. 
(b)(1) Section 221(a) of the Immigration Act of 1990 is amended— 
(A) in the matter before paragraph (1), by striking "in a 
position unrelated to the alien's field of study and", and 
(B) in paragraph (1), by inserting "academic" before "year". 
(2) Section 221(b) of the Immigration Act of 1990 is amended— 
(A) by inserting "and the Secretary of Labor" after "the 
Commissioner of the Immigration and Naturalization", and 
(B) by inserting "a report" after "to the Congress". 
8 use 1101 note. 
(3) Section 222(a) of the Immigration Act of 1990 is amended by 
striking "Subject to the succeeding provisions of this section" and 
inserting "Subject to subsection (b)". 
8 use 1101 note. 
(4) Section 223(a) of the Immigration Act of 1990 is amended— 
(A) by striking the period at the end of paragraph (2) and 
inserting a comma, and 
(B) by adding at the end the following: 
"or who is the spouse or minor child of such an alien if accompany-
ing or following to join the alien.". 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1749 
SEC. 304. CORRECTIONS RELATING TO TITLE III OF THE IMMIGRATION 
ACT OF 1990. 
8 use 1254a 
note. 
8 use 2154a 
note. 
(a) Section 302(c) of the Immigration Act of 1990 is amended by 
striking 
"AFFECT", 
"supercede", and 
"affect" 
and 
inserting 
"EFFECT", "supersede", and "effect", respectively. 
(b) Section 244A of the INA, as inserted by section 302(a) of the 8 USC 1254a, 
Immigration Act of 1990, is amended— 
(1) in subsection (aXD, by inserting after "designated under 
subsection (b)" the following: "(or in the case of an alien having 
no nationality, is a person who last habitually resided in such 
designated state)", 
(2) in paragraph (IXB), by adding at the end the following: "In 
the case of aliens registered pursuant to a designation under 
this section made after July 17,1991, the Attorney Greneral may 
impose a separate, additional fee for providing an alien with 
documentation of work authorization. Notwithstanding section 
3302 of title 31, United States Code, all fees collected under this 
subparagraph shall be credited to the appropriation to be used 
in carrying out this section.", and 
(3) in subsection (cXlXA), by inserting after "designated under 
subsection (b)(1)" the following: "(or in the case of an alien 
having no nationality, is a person who last habitually resided in 
such designated state)". 
(c)(1) In the case of an alien described in paragraph (2) whom the 
Attorney General authorizes to travel abroad temporarily and 
who returns to the United States in accordance with such 
authorization— 
(A) the alien shall be inspected and admitted in the same 
immigration status the alien had at the time of departure if— 
(i) in the case of an alien described in paragraph (2XA), 
the alien is found not to be excludable on a ground of 
exclusion referred to in section 301(aXl) of the Immigration 
Act of 1990, or 
(ii) in the case of an alien described in paragraph (2XB), 
the alien is found not to be excludable on a ground of 
exclusion referred to in section 244A(cX2)(AXiii) of the 
Immigration and Nationality Act; and 
(B) the alien shall not be considered, by reason of such 
authorized departure, to have failed to maintain continuous 
physical presence in the United States for purposes of section 
244(a) of the Immigration and Nationality Act if the absence 
meets the requirements of section 244(bX2) of such Act. 
(2) Aliens described in this paragraph are the following: 
(A) Aliens provided benefits under section 301 of the Immigra-
tion Act of 1990 (relating to family unity). 
(B) Aliens provided temporary protected status under section 
244A of the Immigration and Nationality Act, including aliens 
provided such status under section 303 of the Immigration Act 
of 1990. 
SEC. 305. CORRECTIONS RELATING TO TITLE IV OF THE IMMIGRATION 
ACT OF 1990. 
(a) Section 310(b) of the INA, as amended by section 401(a) of the 
Immigration Act of 1990, is amended by striking "District Court" 8 USC 1421. 
and inserting "district court". 
(b) Section 407(cXll) of the Immigration Act of 1990 is amended by 8 USC 1440. 
striking ", other than subsection (d)". 
105 STAT. 1750 
PUBLIC LAW 102-232—DEC. 12, 1991 
8 use 1439. 
(c) Section 407(d)(8) of the Immigration Act of 1990 is amended 
by striking "Section 328(c) (8 U.S.C. 1439(c)) is amended" and insert-
ing "Subsections (b)(3) and (c) of section 328 (8 U.S.C. 1439) are 
amended". 
(d) Subsection (g) of section 334 of the INA, as redesignated by 
8 use 1445. 
section 407(d)(12)(E) of the Immigration Act of 1990, is redesignated 
as subsection (f). 
8 use 1445. 
(e) Section 407(d)(12)(B) of the Immigration Act of 1990 is amended 
by adding "and" at the end of clause (i). 
(f) Section 
335(b) of the INA, as amended by section 
8 use 1446. 
407(d)(13)(C)(iii) of the Immigration Act of 1990, is amended by 
striking "District Court" and inserting "district court". 
8 use 1447. 
(g) Section 407(d)(14)(D)(i) of the Immigration Act of 1990 is 
amended by striking "clerk of the court" and inserting "clerk of 
court". 
(h) Section 407(d)(14)(E)(ii) of the Immigration Act of 1990 is 
amended by striking "persons" and inserting "person". 
8 use 1448. 
(i) Section 337(c) of the INA is amended by striking "before". 
8 use 1449. 
(j)(l) Section 407(d)(16)(C) of the Immigration Act of 1990 is 
amended by striking the comma after "venue". 
(2) Section 338 of the INA, as amended by section 407(d)(16)(C) of 
8 use 1449. 
the Immigration Act of 1990, is amended by striking "District" and 
inserting "district", 
(k) Section 340 of the INA, as amended by section 407(d)(18) of the 
8 use 1451. 
Immigration Act of 1990, is amended— 
(1) in the first sentence of subsection (a), by striking "District 
Court" and inserting "district court", and 
(2) in the second sentence of subsection (g), by striking "clerk 
of the court" and inserting "clerk of court". 
8 use 1455. 
(1) Section 407(d)(19)(A)(i) of the Immigration Act of 1990 is 
amended by striking "clerk of the court" and inserting "clerk of 
court". 
Effective date. 
(m) Effective as if included in section 407(d) of the Immigration 
Act of 1990: 
8 use 1101. 
(1) Paragraph (24) of section 101(a) of the INA is repealed. 
8 use 1423. 
(2) Section 312 of the INA is amended by striking "petition" 
and inserting "application" each place it appears. 
8 use 1433. 
(3) The heading of section 322 of the INA is amended by 
striking "PETITION" and inserting "APPLICATION". 
(4) The item in the table of contents of the INA relating to 
section 322 is amended by striking "petition" and inserting 
"application". 
8 use 1441. 
(5) Section 330 of the INA is amended by striking "of this 
subsection" and inserting "of this section". 
8 use 1443. 
(6) Section 332(a) of the INA is amended by striking "petition-
ers" and inserting "applicants". 
(7) Section 334(a) of the INA is amended by striking ", in 
duplicate,". 
8 use 1452. 
(8) Section 341(a) of the INA is amended by striking "a 
petitioner" and inserting "an applicant". 
8 use 1421 note. 
(n) Section 408(a)(2)(B) of the Immigration Act of 1990 is amended 
by striking "on the date of the enactment of this Act" and inserting 
"on January 1, 1992". 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1751 
SEC. 306. CORRECTIONS RELATING TO TITLE V OF THE IMMIGRATION 
ACT OF 1990. 
(a)(1) Section 101(a)(43) of the INA, as amended by section 501(a)(4) 
of the Immigration Act of 1990, is amended by striking ",." and 
inserting a period. 
(2) Section 502(a) of the Immigration Act of 1990 is amended by 
striking 
"(8 
U.S.C. 
1152a(aXl))" 
and 
inserting 
"(8 
U.S.C. 
1105a(a)(l))". 
(3) Section 287(aX4) of the INA, as amended by section 503(aX2) of 
the Immigration Act of 1990, is amended by striking ", and" at the 
end and inserting "; and". 
(4) Subparagraph (B) of section 242(aX2) of the INA, as added by 
section 504(aX5) of the Immigration Act of 1990, is amended to read 
as follows: 
"(B) The Attorney General may not release from custody any 
lawfully admitted alien who has been convicted of an aggravated 
felony, either before or after a determination of deportability, unless 
the alien demonstrates to the satisfaction of the Attorney General 
that such alien is not a threat to the community and that the alien 
is likely to appear before any scheduled hearings.". 
(5) Section 236(eXl) of the INA, as amended by section 504(b) of the 
Immigration Act of 1990, is amended by striking "upon completion 
of the alien's sentence for such conviction" and inserting "upon 
release 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)". 
(6) Section 503(a)(ll) of the Omnibus Crime Control and Safe 
Streets Act of 1968, as added by section 507 of the Immigration Act 
of 1990, is amended— 
(A) by striking "the certified records" and inserting "notice", 
and 
(B) by inserting before the period at the end the following: 
"and under which the State will provide the Service with the 
certified record of such a conviction within 30 days of the date of 
a request by the Service for such record". 
(7) Section 509(b) of the Immigration Act of 1990 is amended by 
inserting before the period at the end the following: ", except with 
respect to conviction for murder which shall be considered a bar to 
good moral character regardless of the date of the conviction". 
(8) The last sentence of section 510(b) of the Immigration Act of 
1990 is amended by striking "for". 
(9) The last sentence of section 510(c) of the Immigration Act of 
1990 is amended by striking "been been" and inserting "been". 
(10) The last sentence of section 212(c) of the INA, as added by 
section 511(a) of the Immigration Act of 1990, is amended by striking 
"an aggravated felony and has served" and inserting "one or more 
aggravated felonies and has served for such felony or felonies". 
(11) Section 513(b) of the Immigration Act of 1990 is amended— 
(A) by striking "petitions to review" and inserting "petitions 
for review", and 
(B) by inserting before the period at the end the following: 
"and shall apply to convictions entered before, on, or after such 
date". 
(12) Section 514(a) of the Immigration Act of 1990 is amended by 
striking "10 years" and inserting "ten years". 
8 u s e 1101. 
8 u s e 1105a. 
8 u s e 1357. 
8 u s e 1252. 
8 u s e 1226. 
42 u s e 3753. 
8 u s e 1101 note. 
8 use 1251 note. 
8 u s e 1182. 
8 u s e 1105a 
note. 
8 u s e 1182. 
105 STAT. 1752 
PUBLIC LAW 102-232—DEC. 12, 1991 
8 use 1324b. 
8 u s e 1324a. 
(13) Paragraphs (1) and (2) of section 515(b) of the Immigration Act 
8 use 1158 note, of 1990 are amended to read as follows: 
"(1) The amendment made by subsection (aXD shall apply to 
convictions entered before, on, or after the date of the enact-
ment of this Act and to applications for asylum made on or after 
such date. 
"(2) The amendment made by subsection (a)(2) shall apply to 
convictions entered before, on, or after the date of the enact-
ment of this Act and to applications for withholding of deporta-
tion made on or after such date.". 
(b)(1) Section 274B(g)(2)(B)(iv)(II) of the INA, as amended by section 
536(a) of the Immigration Act of 1990, is amended by striking 
"subclause (IV)" and inserting "subclauses (III) and (IV)". 
(2) Section 274A(b)(3) of the INA, as amended by section 538(a) of 
the Immigration Act of 1990, is amended by striking the comma 
Qj4-oj» officers of tlip S^T*vic^ 
(3) Section 274B(g)(2)(B) of the INA, as amended by section 539(a) 
of the Immigration Act of 1990, is amended— 
(A) in clause (iv)(IV), by striking the period at the end and 
inserting a semicolon, 
(B) in clauses (v) and (vi), by striking the comma at the end 
and inserting a semicolon, 
(C) in clause (vii), by striking ", and" and inserting "; and", 
(D) in clause (vii), by striking "to order (in an appropriate 
case) the removal o f and inserting "to remove (in an appro-
priate case)", and 
(E) in clause (viii), by striking "to order (in an appropriate 
case) the lifting o f and inserting "to lift (in an appropriate 
C3.SGV 
(c)(1) Section 274B(g)(2)(D) of the INA is amended by striking 
"physicially" and inserting "physically". 
8 use 1229. 
(2) Section 543(a)(3) of the Immigration Act of 1990 is amended by 
inserting "each place it appears" before "and inserting". 
(3) Sections 252(c) and 275(a) of the INA, as amended by section 
8 use 1282, 
543(b) of the Immigration Act of 1990, are each amended by striking 
^^25. 
"fined not more than" and all that follows through "United States 
Code)" and inserting "fined under title 18, United States Code,". 
8 use 1221. 
(4)(A) The second sentence of section 231(d) of the INA is amended 
by striking "collector of customs" and inserting "Commissioner". 
8 use 1227. 
(B) The third sentence of section 237(b) of the INA is amended by 
striking 
"district 
director 
of 
customs" 
and 
inserting 
"Commissioner''. 
8 use 1284. 
(C) The second sentence of section 254(a) of the INA is amended by 
striking "collector of customs" and inserting "Commissioner". 
8 use 1323. 
(D) The second sentence of section 273(b) of the INA is amended by 
striking "collector of customs" and inserting "Commissioner". 
(5)(A) Section 274C(a) of the INA, as added by section 544(a) of the 
8 use 1324c. 
Immigration Act of 1990, is amended— 
(i) in paragraph (2), by inserting "or to provide" after "or 
receive", 
(ii) in paragraph (3), by inserting "or to provide or attempt to 
provide" after "attempt to use", and 
(iii) in paragraph (4), by inserting "or to provide" after 
"receive". 
8 use 1251 note. 
(B) Section 544 of the Immigration Act of 1990 is amended by 
striking "(c) EFFECTIVE" and inserting "(d) EFFECTIVE". 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1753 
(6) Section 242B of the INA, as inserted by section 545(a) of the 
Immigration Act of 1990, is amended— 
8 USC 1252b. 
(A) in subsection (a)(1)(E), by striking ", upon request,"; 
(B) in subsection (a)(2)(A)(ii), by inserting ", except under 
exceptional circumstances," after "failure"; 
(C) in subsection (a)(2), by adding at the end the following: 
"In the case of an alien not in detention, a written notice shall 
not be required under this paragraph if the alien has failed to 
provide the address required under subsection (a)(1)(F)."; 
(D) in subsection (b)(1), by inserting before the period at the 
end the following: ", unless the alien requests in writing an 
earlier hearing date"; 
(E) in subsection (b)(2)— 
(i) by inserting "pro bono" after "to represent", and 
(ii) by adding at the end the following: "Such lists shall be 
provided under subsection (a)(1)(E) and otherwise made gen-
erally available."; 
(F) in subsection (c)— 
(i) in paragraph (1), by striking "except as provided in 
paragraph (2)," each place it appears, 
(ii) in paragraph (1), by adding at the end the following: 
"The written notice by the Attorney General shall be 
considered sufficient for purposes of this paragraph if pro-
vided at the most recent address provided under subsection 
(a)(1)(F).", and 
(iii) by striking the second sentence of paragraph (2); 
(G) in subsection (c)(4), by inserting "(or 30 days in the case of 
an alien convicted of an aggravated felony)" after "60 days"; 
(H) in subsection (d), by striking "the Board" and inserting 
"the Attorney General"; 
(I) in subsection (e)(4)(B), by inserting "a" after "with respect 
to"; and 
(J) in subsection (e)(5), by striking subparagraph (A) and 
redesignating subparagraphs (B) through (D) as subparagraphs 
(A) through (C), respectively. 
(7) The 8th sentence of section 242(b) of the INA, as amended by 
section 545(e) of the Immigration Act of 1990, is amended to read as 8 USC 1252. 
follows: "Such regulations shall include requirements that are 
consistent with section 242B and that provide that— 
"(1) the alien shall be given notice, reasonable under all the 
circumstances, of the nature of the charges against him and of 
the time and place at which the proceedings will be held, 
"(2) the alien shall have the privilege of being represented (at 
no expense to the Government) by such counsel, authorized to 
practice in such proceedings, as he shall choose, 
"(3) the alien shall have a reasonable opportunity to examine 
the evidence against him, to present evidence on his own behalf, 
and to cross-examine witnesses presented by the Government, 
and 
"(4) no decision of deportability shall be valid unless it is 
based upon reasonable, substantial, and probative evidence.". 
SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION 
ACT OF 1990. 
(a) Section 212(a) of the INA, as amended by section 601(a) of the 
Immigration Act of 1990, is amended— 
8 USC 1182. 
(1) in paragraph (1)(A), by adding "or" at the end of clause (ii); 
49-194 O - 92 - 26 : QL. 3 Part 2 
105 STAT. 1754 
PUBLIC LAW 102-232—DEC. 12, 1991 
(2) in paragraph (3)(A)(i), by inserting "(I)" after "any activ-
ity" and by inserting "(ID" after "sabotage or"; 
(3) in paragraph (3)(B)(iiiXIII), by striking "an act of terrorist 
activity' and inserting "a terrorist activity"; 
(4) in paragraph (3)(D)(iv), by striking "if the alien" and 
inserting "if the immigrant"; 
(5) in paragraph (3)(C)(iv), by striking "identities" and insert-
ing "identity ; 
(6) in paragraph (5)(C), by striking "preference immigrants" 
and all that follows through the end and inserting the following: 
"immigrants seeking admission or adjustment of status under 
paragraph (2) or (3) of section 203(b)."; 
(7) in paragraph (6)(B)— 
(A) by striking "who seeks" and inserting "(a) who seeks", 
(B) by striking "(or" and inserting ", or (b) who seeks 
admission", and 
(C) by striking "felony)" and inserting "felony,"; 
(8) in paragraph (6)(E)— 
(A) by redesignating clause (ii) as clause (iii), and 
(B) by inserting after clause (i) the following new clause: 
"(ii) SPECIAL RULE IN THE CASE OF FAMILY REUNIFICA-
TION.—Clause (i) shall not apply in the case of alien 
who is an eligible immigrant (as defined in section 
301(b)(1) of the Immigration Act of 1990), was phys-
ically present in the United States on May 5, 1988, and 
is seeking admission as an immediate relative or under 
section 203(a)(2) (including under section 112 of the 
Immigration Act of 1990) or benefits under section 
301(a) of the Immigration Act of 1990 if the alien, 
before May 5, 1988, 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."; 
(9) in parajgraph (8)(B), by striking "alien" the first place it 
appears and inserting "person"; and 
(10) in paragraph (9)(C)— 
(A) in clause (i), by striking ever5rthing that follows 
"entry of' and inserting "an order by a court in the United 
States granting custody to a person of a United States 
citizen child who detains or retains the child, or withholds 
custody of the child, outside the United States from the 
person granted custody by that order, is excludable until 
the child is surrendered to the person granted custody by 
that order.", and 
(B) in clause (ii), by striking "to an alien who" and all 
that follows through "signatory" and inserting "so long as 
the child is located in a foreign state that is a party". 
(b) Section 212(c) of the INA, as amended by section 601(d)(1) of the 
8 use 1182. 
Immigration Act of 1990, is amended by striking "subparagraphs 
(A), (B), (C), or (E) of paragraph (3)" and inserting "paragraphs (3) 
and (9)(C)". 
(c) Section 212(d)(3) of the INA, as amended by section 
601(d)(2)(B)(i) of the Immigration Act of 1990, is amended— 
(1) by striking "(3)(A)," and inserting "(3)(A)(i)(I), (3)(A)(ii), 
(3)(A)(iii)," each place it appears, and 
.. 
(2) by striking "(3)(D)'* and inserting "(3)(E)" each place it 
appears. 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1755 
(d) Section 212(d)(ll) of the IN 
A, as added by section 601(d)(2)(F) of 
the Immigration Act of 1990, is amended by inserting "and in the 8 USC 1182. 
case of an alien seeking admission or adjustment of status as an 
immediate relative or immigrant under section 203(a) (other than 
paragraph (4) thereof)" after "section 211(b)". 
(e) Section 212(g)(1) of the INA, as amended by section 601(d)(3) of 
the Immigration Act of 1990, is amended by striking "section 
(a)(l)(A)(i)" and inserting "subsection (a)(l)(A)(i)". 
(f) Section 212(h) of the INA, as amended by section 601(d)(4) of the 
Immigration Act of 1990, is amended— 
(1) in the matter before paragraph (1), by striking "in the case 
of " and all that follows through "permanent residence"; and 
(2) in paragraph (1)— 
(A) in the matter before subparagraph (A), by inserting 
"(A) in the case of any immigrant" after "(1)", 
(B) by striking "and" at the end of subparagraph (A), 
(C) by striking "and" at the end of subparagraph (C) and 
inserting "or", 
(D) by redesignating subparagraphs (A) through (C) as 
clauses (i) through (iii), respectively, and 
(E) by adding at the end the following: 
"(B) in the case of an immigrant who is the spouse, parent, 
son, or daughter of 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 exclu-
sion would result in extreme hardship to the United States 
citizen or lawfully resident spouse, parent, son, or daughter of 
such alien; and". 
(g) Section 212(i) of the INA, as amended by section 601(d)(5) of the 
Immigration Act of 1990, is amended by striking "alien" and 
"alien's" each place it appears and inserting "immigrant" and 
"immigrant's", respectively. 
(h) Section 241(a) of the INA, as amended by section 602(a) of the 
Immigration Act of 1990, is amended— 
8 USC 1251. 
(1) by striking "deportable as being", and by inserting 
"deportable" after "the following classes of; 
(2) in paragraph (l)(D)(i), by inserting "respective" after 
"terminated under such"; 
(3) in paragraph (l)(E)(i), by inserting "any" before "entry" 
the second and third places it appears; 
(4) in paragraph (1)(E), by redesignating clause (ii) as clause 
(iii) and by inserting after clause (i) the following new clause: 
"(ii) SPECIAL RULE IN THE CASE OF FAMILY REUNIFICA-
TION.—Clause (i) shall not apply in the case of alien 
who is an eligible immigrant (as defined in section 
301(b)(1) of the Immigration Act of 1990), was phys-
ically present in the United States on May 5, 1988, and 
is seeking admission as an immediate relative or under 
section 203(a)(2) (including under section 112 of the 
Immigration Act of 1990) or benefits under section 
301(a) of the Immigration Act of 1990 if the alien, 
before May 5, 1988, 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."; 
(5) in paragraph (1)(G), by striking "212(a)(5)(C)(i)" and insert-
ing "212(a)(6)(C)(i)"; 
105 STAT. 1756 
PUBLIC LAW 102-232—DEC. 12, 1991 
(6) in paragraph (1)(H), by striking "paragraph (6) or (7)" and 
,, inserting "paragr,4ph (4)(D)'; 
(7) in paragraph (2)(D), by inserting "or attempt" after 
"conspiracy"; 
(8) in paragraph (3), by adding at the end the following: 
"(C) DOCUMENT FRAUD.—Any alien who is the subject of a 
final order for violation of section 274C is deportable."; 
(9) in subparagraphs (A) and (B) of paragraph (4), by striking 
"after entry has engaged" and inserting "after entry engages"; 
and 
(10) in paragraph (4)(C)(ii), by striking "excluability" and 
inserting "excludability". 
(i) Section 102 of the INA, as amended by section 603(a)(2) of the 
8 use 1102. 
Immigration Act of 1990, is amended by striking "paragraph (3) 
(other than subparagraph (E)) of section 212(a)" each place it ap-
pears and inserting "subparagraphs (A) through (C) of section 
212(a)(3)". 
Effective date. 
(j) Effective as if included in section 603(a)(5) of the Immigration 
8 use 1160. 
Act of 1990, section 21003)(7)(B) of the INA is amended by striking 
"212(a)(19)" and inserting "212(a)(6)(C)(i)". 
Effective date. 
(k) Effective as if included in section 602(b) of the Immigration Act 
8 use 1251. 
of 1990, section 241 of the INA is amended— 
(1) by striking subsection (d), and 
(2) in the subsection (h) (added by section 153(b) of the 
Immigration Act of 1990) by striking "exist" and inserting 
"existed" and by redesignating the subsection as subsection (c). 
Effective date. 
(1) Effective as if included in section 603(a) of the Immigration Act 
of 1990: 
(1) Sections 207(c)(3) and 209(c) of the INA, as amended by 
8 use 1157, 
section 603(a)(4)(B) of the Immigration Act of 1990, are each 
^^^^- 
amended by striking "subparagraphs (A)" and 
inserting 
"subparagraph (A)". 
8 use 1161. 
(2) Section 210A(e)(2)(B) of the INA is amended by striking 
clauses (iii) and (iv) and inserting the following: 
"(iii) Paragraph (3) (relating to security and related 
grounds).". 
8 use 1187. 
(3) Section 217(a) of the INA is amended by striking "(26)(B)" 
and inserting "(7)(B)(i)(II)". 
8 use 1188. 
(4) Section 218(g)(3) of the INA is amended by striking 
"212(a)(14)" and inserting "212(a)(5)(A)(i)". 
(5) Section 244A(c) of the INA, as inserted by section 302(a) of 
8 use 1254a. 
the Immigration Act of 1990, is amended— 
(A) in paragraph (2)(A)(iii)(I), by striking "paragraphs (9) 
and (10)'^ and inserting "paragraphs (2)(A) and (2)(B)"; and 
(B) by amending subclause (III) of paragraph (2)(A)(iii) to 
read £is follows: 
"(III) Paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of 
such section (relating to national security and 
participation in the Nazi persecutions or those who 
have engaged in genocide).". 
8 use 1255a. 
(6) Section 245A(d)(2)(B)(ii) of the INA is amended— 
(A) by striking subclause (IV), 
(B) by redesignating subclause (II) as subclause (IV) and 
by transferring and inserting it after clause (III), 
(C) by redesignating subclause (III) as subclause (II), 
(D) by inserting after subclause (II) (as so redesignated) 
the following new subclause: 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1757 
"(HI) Paragraph (3) (relating to security and re-
lated grounds).", and 
(E) by striking "Subclause (II)" and inserting "Subclause 
(IV)". 
(7) Section 272(a) of the INA is amended by striking the 8USC1322. 
comma before "shall pay". 
(8) Section 584(a)(2) of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1988, as 
amended by section 603(a)(20)(B) of the Immigration Act of 1990, 8 USC llOl note, 
is amended by striking "(D)" and inserting "(E)". 
(9) Section 599E of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1990 (Public Law 
101-167) is amended by striking "(23)(B), (27), (29), or (33)" and 8 USC 1255 note, 
inserting "(2)(C) and subparagraphs (A), (B), (C), or (E) of para-
graph (3)". 
(10) Section 2(a)(3) of the Immigration Nursing Relief Act of 
1989 is amended by striking "212(a)(14)" and inserting 8 USC 1255 note. 
"212(a)(5)(A)". 
(m) Effective as if included in section 603(b) of the Immigration Effective date. 
Act of 1990— 
(1) paragraph (4)(B) of such section is amended by striking "in 8 USC 1254. 
paragraph (2)', and 
(2) section 242(e) of the INA is amended by striking "para- 8 USC 1252. 
•; 
graphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)" 
and inserting "paragraph (2), (3), or (4)". 
SEC. 308. CORRECTIONS RELATING TO TITLE VII OF THE IMMIGRATION 
ACT OF 1990. 
(a) Effective October 1, 1991, section 245(e)(3) of the INA, as added Effective date, 
by section 702(a)(2) of Immigration Act of 1990, is amended by 8 USC 1255. 
striking "204(h)" and inserting "204(g)". 
(b) Section 702(b) of the Immigration Act of 1990 is amended by 8 USC 1154. 
striking "204(h) (8 U.S.C. 1154(h))" and inserting "204(g) (8 U.S.C. 
1154(g)), as redesignated by section 162(b)(6) of this Act,". 
(c) Section 304(f) of the Immigration Reform and Control Act of 
1986, as amended by section 704(b) of the Immigration Act of 1990, is 8 USC 1160 note, 
amended— 
(1) by striking "appointment in the and" and inserting 
"appointment and", and 
(2) by striking "civil" the first place it appears and inserting 
"competitive". 
(d) Section 404(b)(2)(A) of the INA, as added by section 705(a)(5) of 
the Immigration Act of 1990, is amended by adding at the end the ^ ^SC1101 note, 
following new sentence: "In applying clause (i), the providing of 
parole at a point of entry in a district shall be deemed to constitute 
an application for asylum in the district.". 
SEC. 309. ADDITIONAL MISCELLANEOUS CORRECTIONS. 
(aXl)(A) Section 209 of the Department of Justice Appro-
priations Act, 1989 (title, II of Public Law 100-459, 102 Stat. 2203) is 
amended— 
(i) in subsection (a)— 
8 USC 1356. 
(I) by striking "Title 8, United States Code, section 1356 
is amended by adding" and inserting "Section 286 of the 
Immigration and Nationalitv Act (8 U.S.C. 1356) is 
amended by adding at the end', and 
105 STAT. 1758 
PUBLIC LAW 102-232—DEC. 12, 1991 
8 use 1356. 
(II) in the subsection (o) added by such subsection, by 
striking "will" and inserting "shall"; and 
8 use 1455. 
(ii) by amending subsection (b) to read as follows: 
"Qa) Section 344(g) of the Immigration and Nationality Act (8 
U.S.C. 1455(g)) is amended by inserting after 'Treasury of the United 
States' the following: 'except that all such fees collected or paid over 
on or after October 1, 1988, shall be deposited in the Immigration 
Examinations Fee Account established under section 286(m)'.". 
(B) The fourth proviso under Immigration and Naturalization 
Service in the Department of Justice Appropriations Act, 1990 (title 
8 use 1356. 
II of Public Law 101-162, 103 Stat. 1000) is amended to read as 
follows: ": Provided further, That section 286(n) of the Immigration 
and Nationality Act (8 U.S.C. 1356(n)) is amended by striking 'in 
excess of $50,000,000' and by striking the second sentence". 
(2)(A) Section 286 of the INA, as amended by section 210 of the 
8 use 1356. 
Department of Justice Appropriations Act, 1991, is amended— 
(i) in subsection (h)(1)(A), by inserting a period after "avail-
able until expended", 
(ii) in subsection (m), by striking "additonal" and inserting 
"additional", 
(iii) by moving the left margins of subsection (q)(2) and the 
matter in subsection (q)(3)(A) (before clause (i)) 2 ems to the left, 
(iv) in subsection (q)(3)(A), by inserting "the" after "The Sec-
retary of, and 
(v) in subsection (q)(5)(B), by striking "subsection (q)(l)" and 
inserting "paragraph (1)". 
(B) Section 210(a)(2) of the Department of Justice Appropriations 
8 use 1356. 
Act, 1991, is amended by striking "in which fees" and inserting "in 
which the fees". 
Effective date. 
(3) The amendments made by paragraph (1) and (2) shall be 
8 use 1356 note, 
effective as if they were included in the enactment of the Depart-
ment of Justice Appropriations Act, 1989 and the Department of 
Justice Appropriations Act, 1990, respectively. 
8 use 1101. 
(b)(1) Section 101(a)(15)(D)(i) of the INA is amended by inserting a 
comma after "States)". 
(2) The item in the table of contents of the INA relating to sec-
tion 242A is amended by striking "Procedures" and inserting 
"procedures". 
(3) The item in the table of contents of the INA relating to section 
345 is repealed. 
(4) Section 101(c)(1) of the INA is amended by striking "322, and 
323" and inserting "and 322". 
(5) Section 204(f)(4)(AXii)(II) of the INA, as redesignated by section 
8 use 1154. 
162(d)(6) of the Immigration Act of 1990, is amended by striking 
"section 652 of such Act" and inserting "the second and third 
S6ril^6nc6s of sucxi SGction 
8 use 1160. 
(6) Paragraph (3) of section 210(d) of the INA is amended— 
(A) by indenting the paragraph (and its subparagraphs) 2 ems 
to the right; 
< ' 
(B) by striking "the Immigration and Naturalization Service 
(INS) pursuant to section 210(d) of the Immigration and 
Nationality Act (INA)" and inserting "Service pursuant to this 
subsection"; 
(C) in the matter before subparagraph (A), by striking "INS" 
each place it appears and inserting "Service"; 
PUBLIC LAW 102-232—DEC. 12, 1991 
105 STAT. 1759 
(D) in subparagraph (A), by striking "as defined in section 
210(a)(1)(A) of the INA the INS" and inserting "described in 
subsection (a)(1)(A) the Service"; 
(E) in subparagraph (A), by striking "in the INA" and insert-
ing "in this Act"; 
(F) in subparagraph (B), by striking "as defined in section 
210(a)(l)(B)(l)(B) of the INA" and inserting "described in subsec-
tion (a)(1)(A)"; and 
(G) in subparagraph (B), by striking "section 210(b)(1)(A)" and 
inserting "subsection (b)(1)(A)". 
(7) Section 212(j) of the INA is amended by striking "International 8 USC 1182. 
Communication Agency" in paragraphs (1)(D) and (3) and inserting 
"United States Information Agency". 
(8) Section 218(i)(l) of the INA is amended by striking "274A(g)" 8 USC 1188. 
and inserting "274A(h)(3)". 
(9) Section 242(h) of the INA is amended by inserting a comma 8 USC 1252. 
after "Parole". 
(10) Section 242A(a) of the INA is amended by striking "101(a)(43)" 8 USC 1252a. 
and inserting "101(a)(43))". 
(11) Section 274A(b)(l)(D)(ii) of the INA is amended by striking 8 USC 1324a. 
"clause (ii)" and inserting "clause (i)". 
(12) Section 286(e)(1)(D) of the INA is amended by striking "of this 8 USC 1356. 
title". 
(13) Section 313(a)(2) of the INA is amended by inserting "and" 8 USC 1424. 
before "(F)" and by striking "; (G)" and all that follows through "of 
1950" the second place it appears. 
(14) Section 344(c) of the INA, as redesignated by section 
407(d)(19)(F) of the Immigration Act of 1990, is amended by striking 8 USC 1455. 
"of this subchapter" and inserting "of this title". 
(15) The amendments made by section 8 of the Immigration Effective date. 
Technical Corrections Act of 1988 shall be effective as if included in ^ USC llOl note, 
the enactment of the Immigration and Nationality Act Amend-
ments of 1986 (Public Law 99-653). 
SEC. 310. EFFECTIVE DATES. 
8 USC 1101 note. 
Except as otherwise specifically provided, the amendments made 
by (and provisions of)— 
(1) sections 302 through 308 shall take effect as if included in 
the enactment of the Immigration Act of 1990, 
105 STAT. 1760 
PUBLIC LAW 102-232—DEC. 12, 1991 
(2) section 309(a) shall be effective with respect to allotments 
for fiscal years beginning with fiscal year 1989, and 
(3) section 309(c) shall take effect on the date of the enactment 
of this Act. 
Approved December 12, 1991. 
LEGISLATIVE HISTORY—H.R. 3049: 
HOUSE REPORTS: No. 102-287 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Nov. 12, considered and passed House. 
Nov. 26, considered and passed Senate, amended. House concurred in Senate 
amendments.