An Act to exclude officers and employees of Western Hemisphere businesses from being charged against the Western Hemisphere immigration quota
PL 91-225 (S.2593), enacted 04/07/1970

116 
PUBLIC LAW 91-225-APR. 7, 1970 
[84 STAT. 
Public Law 91-225 
AN ACT 
April 7, 1970 
[s. 2593] 
To amend the Immigration and Nationality Act to facilitate the entry of certain 
nonimmigrants into the United States, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Immigration and United /Sttttes of Amevica in Congress assernbled^ That (a) section 
amln°dminLf''' 
101 (a) (15) (H) of the Immigration and Nationality Act (8 U.S.C. 
66 Stat. 168. 
1101 (a) (15) ( H ) ) , is amended to read as follows: 
"(H) an alien having a residence in a foreign country which 
he has no intention of abandoning (i) who is of distinguished 
merit and ability and who is coming temporarily to the United 
States to perform services of an exceptional nature requiring such 
merit and ability; or (ii) who is coming temporarily to the United 
States to perform temporary services or labor, if unemployed 
persons capable of performing such service or labor cannot be 
found in this country; or (iii) who is coming temporarily to the 
United States as a trainee; and the alien spouse and minor chil-
dren of any such alien specified in this paragraph if accompanying 
him or following to join him." 
(b) Section 101(a) (15) of the Immigration and Nationality Act 
75 Stat. 534. 
(8 U.S.C. 1101(a) (15)) is amended by adding at the end thereof the 
following new subparagraphs: 
"(K) an alien who is the fiancee or fiance of a citizen of the 
United States and who seeks to enter the United States solely to 
conclude a valid marriage with the petitioner within ninety days 
after entry, and the minor children of such fiancee or fiance 
accompanying him or following to join him. 
"(L) an alien who, immediately preceding the time of his 
application for admission into the United States, has been 
employed continuously for one year by a firm or corporation or 
other legal entity or an affiliate or subsidiary thereof and who 
seeks to enter the United States temporarily in order to continue 
to render his services to the same employer or a subsidiary or 
affiliate thereof in a capacity that is managerial, executive, or 
involves specialized knowledge, and the alien spouse and minor 
children of any such alien if accompanying him or following to 
join him." 
SEC. 2. Section 212(e) of the Immigration and Nationality Act 
(8 U.S.C. 1182(e)) is amended to read as follows: 
"(e) No person admitted under section 101(a) (15) (J) or acquiring 
such status after admission whose (i) participation in the program 
for which he came to the LTnited States was financed in whole or in 
part, directly or indirectly, by an agency of the Government of the 
United States or by the government of the country of his nationality 
or his last residence, or (ii) who at the time of admission or acqui-
sition of status under section 101(a) (15) (J) was a national or resi-
dent of a countrjr which the Secretary of State, pursuant to regulations 
prescribed by him, had designated as clearly requiring the services of 
persons engaged in the field of specialized knowledge or skill in which 
84 STAT. ] 
PUBLIC LAW 91-225-APR. 7, 1970 
117 
the alien was engaged, shall be eligible to apply for an immigrant 
visa, or for permanent residence, or for a nonimmigrant visa under 
section 101(a) (15) (H) or section 101(a) (15) (L) until it is estab- 
Ante.^. iie. 
lished that such person has resided and been physically present in 
the country of his nationality or his last residence for an aggregate 
of a least two years following departure from the United States: Pro-
vided^ That upon the favorable recommendation of the Secretary of 
State, pursuant to the request of an interested United States Govern-
ment agency, or of the Ck)mmissioner of Immigration and Naturaliza 
tion after he has determined that departure from the United States 
would impose exceptional hardship upon the alien's spouse or child 
(if such spouse or child is a citizen of the United States or a lawfully 
resident alien), or that the alien cannot return to the country of his 
nationality or last residence because he would be subject to persecution 
on account of race, religion, or political opinion, the Attorney General 
may waive the requirement of such two-year forei^ residence abroad 
in the case of any alien whose admission to the United States is found 
by the Attorney General to be in the public interest: And 
provided 
ftorther, That the Attorney General may, upon the favorable recom- 
waiver. 
mendation of the Secretary of State, waive such two-year foreign resi-
dence requirement in any case in which the foreign country of the 
alien's nationality or last residence has furnished the Secretary of 
State a statement in writing that it has no objection to such waiver 
in the case of such alien." 
SEC. 3. (a) Section 214(c) of the Immigration and Nationality Act 
(8 U.S.C. 1184(c)) is amended by inserting after "101(a) (15) ( H ) " 
the language "or (L)". 
(b) Section 214 of the Immigration and Nationality Act (8 U.S.C. 
1184) is amended by adding at the end thereof the following new 
subsection: 
"(d) A visa shall not be issued under the provisions of section 
101(a) (15) (K) until the consular officer has received a petition filed 
in the United States by the fiancee or fiance of the applying alien and 
approved by the Attorney General. The petition shall be in such form 
and contain such information as the Attorney General shall, by regula-
tion, prescribe. It shall be approved only after satisfactory evidence 
is submitted by the petitioner to establish that the parties have a bona 
fide intention to marrjr and are legally able and actually willing to 
conclude a valid marriage in the United States within a period of 
ninety days after the alien's arrival. In the event the marriage with 
the petitioner does not occur within three months after the entry of 
the said alien and minor children, they shall be required to depart 
from the United States and upon failure to do so shall be deported in 
accordance with sections 242 and 243. In the event the marriage 2
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between the said alien and the petitioner shall occur within three 
months after the entry and they are found otherwise admissible, the 
Attorney General shall record the lawful admission for permanent 
residence of the alien and minor children as of the date of the payment 
of the required visa fees." 
Approved April 7, 1970. 
66 Stat. 189. 
8 u s e 1252, 
1253.