8 U.S.C. § 1182
Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
Any alien-
is inadmissible.
For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).
Clause (ii) of subparagraph (A) shall not apply to a child who-
if, prior to the admission of the child, an adoptive parent or prospective adoptive parent of the child, who has sponsored the child for admission as an immediate relative, has executed an affidavit stating that the parent is aware of the provisions of subparagraph (A)(ii) and will ensure that, within 30 days of the child's admission, or at the earliest time that is medically appropriate, the child will receive the vaccinations identified in such subparagraph.
Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
is inadmissible.
Clause (i)(I) shall not apply to an alien who committed only one crime if-
Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.
Any alien who the consular officer or the Attorney General knows or has reason to believe-
is inadmissible.
Any alien who-
is inadmissible.
Any alien-
is inadmissible.
For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h).
Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 6402 of title 22, is inadmissible.
Any alien who commits or conspires to commit human trafficking offenses in the United States or outside the United States, or who the consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of title 22, is inadmissible.
Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.
Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause.
Any alien-
is inadmissible.
Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in-
is inadmissible.
Any alien who-
is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.
Subclause (IX) of clause (i) does not apply to a spouse or child-
As used in this chapter, the term "terrorist activity" means any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
As used in this chapter, the term "engage in terrorist activity" means, in an individual capacity or as a member of an organization-
As used in this paragraph, the term "representative" includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.
As used in this section, the term "terrorist organization" means an organization-
An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible.
An alien who is an official of a foreign government or a purported government, or who is a candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) solely because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.
An alien, not described in clause (ii), shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien's admission would compromise a compelling United States foreign policy interest.
If a determination is made under clause (iii) with respect to an alien, the Secretary of State must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and of the Committees on the Judiciary and Foreign Relations of the Senate of the identity of the alien and the reasons for the determination.
Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.
Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.
Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that-
The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.
Any alien who, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with-
ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion is inadmissible.
Any alien who ordered, incited, assisted, or otherwise participated in genocide, as defined in section 1091(a) of title 18, is inadmissible.
Any alien who, outside the United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of-
is inadmissible.
Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.
Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18 is inadmissible.
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.
Any alien who seeks admission or adjustment of status under a visa number issued under section 1151(b)(2) or 1153(a) of this title is inadmissible under this paragraph unless-
Any alien who seeks admission or adjustment of status under a visa number issued under section 1153(b) of this title by virtue of a classification petition filed by a relative of the alien (or by an entity in which such relative has a significant ownership interest) is inadmissible under this paragraph unless such relative has executed an affidavit of support described in section 1183a of this title with respect to such alien.
Subparagraphs (A), (B), and (C) shall not apply to an alien who-
Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
For purposes of clause (i)(I), an alien described in this clause is an alien who-
A certification made under clause (i) with respect to a professional athlete shall remain valid with respect to the athlete after the athlete changes employer, if the new employer is a team in the same sport as the team which employed the athlete when the athlete first applied for the certification.
For purposes of subclause (I), the term "professional athlete" means an individual who is employed as an athlete by-
A certification made under clause (i) with respect to an individual whose petition is covered by section 1154(j) of this title shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.
An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is inadmissible, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.
Subject to subsection (r), any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is inadmissible unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services, verifying that-
For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review.
The grounds for inadmissibility of aliens under subparagraphs (A) and (B) shall apply to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title.
An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.
Clause (i) shall not apply to an alien who demonstrates that-
Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.
Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any other Federal or State law is inadmissible.
In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.
For provision authorizing waiver of clause (i), see subsection (i).
Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.
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 physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153(a)(2) of this title (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.
For provision authorizing waiver of clause (i), see subsection (d)(11).
An alien who is the subject of a final order for violation of section 1324c of this title is inadmissible.
For provision authorizing waiver of clause (i), see subsection (d)(12).
An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of this title and who violates a term or condition of such status under section 1184(l) 2 of this title is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.
Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission-
is inadmissible.
For provision authorizing waiver of clause (i), see subsection (k).
Any nonimmigrant who-
is inadmissible.
For provision authorizing waiver of clause (i), see subsection (d)(4).
For provision authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection (l).
For authority to waive the requirement of clause (i) under a program, see section 1187 of this title.
Any immigrant who is permanently ineligible to citizenship is inadmissible.
Any person who has departed from or who has remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency is inadmissible, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant.
Any alien who has been ordered removed under section 1225(b)(1) of this title or at the end of proceedings under section 1229a of this title initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
Any alien not described in clause (i) who-
and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission.
Any alien (other than an alien lawfully admitted for permanent residence) who-
is inadmissible.
For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i).
No period of time in which an alien has a bona fide application for asylum pending under section 1158 of this title shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (i).
Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.
Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 7102 of title 22) was at least one central reason for the alien's unlawful presence in the United States.
In the case of an alien who-
the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days.
The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.
Any alien who-
and who enters or attempts to reenter the United States without being admitted is inadmissible.
Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission.
The Secretary of Homeland Security may waive the application of clause (i) in the case of an alien who is a VAWA self-petitioner if there is a connection between-
Any immigrant who is coming to the United States to practice polygamy is inadmissible.
Any alien-
is inadmissible.
Except as provided in clause (ii), any alien who, after entry of 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 inadmissible until the child is surrendered to the person granted custody by that order.
Any alien who-
Clauses (i) and (ii) shall not apply-
Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.
In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation.
Any alien who is a former citizen of the United States who officially renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the purpose of avoiding taxation by the United States is inadmissible.
if no previous civil money penalty was imposed against the alien under section 1324c of this title and the offense was committed solely to assist, aid, or support the alien's spouse or child (and not another individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this paragraph.
No person admitted under section 1101(a)(15)(J) of this title or acquiring such status after admission (i) whose participation in the program for which he came to the United 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, (ii) who at the time of admission or acquisition of status under section 1101(a)(15)(J) of this title was a national or resident of a country which the Director of the United States Information Agency, 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 the alien was engaged, or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 1101(a)(15)(H) or section 1101(a)(15)(L) of this title until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States: Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Commissioner of Immigration and Naturalization 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 foreign 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 except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States Government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 1184(l) of this title: And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
The Attorney General may waive the application of-
in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe;
The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-
No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.
Any alien, inadmissible from the United States under paragraph (5)(A) or (7)(A)(i) 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 inadmissibility 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.
The requirement of subsection (a)(7)(B)(i) may be waived by the Secretary of Homeland Security, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay in Guam or the Commonwealth of the Northern Mariana Islands for a period not to exceed 45 days, if the Secretary of Homeland Security, after consultation with the Secretary of the Interior, the Secretary of State, the Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands, determines that-
An alien may not be provided a waiver under this subsection unless the alien has waived any right-
All necessary regulations to implement this subsection shall be promulgated by the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, on or before the 180th day after May 8, 2008. The promulgation of such regulations shall be considered a foreign affairs function for purposes of section 553(a) of title 5. At a minimum, such regulations should include, but not necessarily be limited to-
In determining whether to grant or continue providing the waiver under this subsection to nationals of any country, the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, shall consider all factors that the Secretary deems relevant, including electronic travel authorizations, procedures for reporting lost and stolen passports, repatriation of aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange.
The Secretary of Homeland Security shall monitor the admission of nonimmigrant visitors to Guam and the Commonwealth of the Northern Mariana Islands under this subsection. If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from a country remaining unlawfully in Guam or the Commonwealth of the Northern Mariana Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from a country pose a risk to law enforcement or security interests of Guam or the Commonwealth of the Northern Mariana Islands or of the United States (including the interest in the enforcement of the immigration laws of the United States), the Secretary shall suspend the admission of nationals of such country under this subsection. The Secretary of Homeland Security may in the Secretary's discretion suspend the Guam and Northern Mariana Islands visa waiver program at any time, on a country-by-country basis, for other good cause.
The Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands may request the Secretary of the Interior and the Secretary of Homeland Security to add a particular country to the list of countries whose nationals may obtain the waiver provided by this subsection, and the Secretary of Homeland Security may grant such request after consultation with the Secretary of the Interior and the Secretary of State, and may promulgate regulations with respect to the inclusion of that country and any special requirements the Secretary of Homeland Security, in the Secretary's sole discretion, may impose prior to allowing nationals of that country to obtain the waiver provided by this subsection.
Nothing in clause (iv) shall be construed as requiring a facility to have taken significant steps described in such clause before November 12, 1999. A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of filing.
The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv). Nothing in this subparagraph shall require a facility to take more than one step if the facility can demonstrate that taking a second step is not reasonable.
Nothing in this paragraph is intended to limit an employee's or an employer's rights under a collective bargaining agreement or other employment contract.
whichever is greater, based on the best information available as of the time of filing the application, and
unless the employer has inquired of the other employer as to whether, and has no knowledge that, within the period beginning 90 days before and ending 90 days after the date of the placement of the nonimmigrant with the other employer, the other employer has displaced or intends to displace a United States worker employed by the other employer.
The employer shall make available for public examination, within one working day after the date on which an application under this paragraph is filed, at the employer's principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary). The Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of aliens sought, period of intended employment, and date of need. The Secretary shall make such list available for public examination in Washington, D.C. 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 Secretary shall provide the certification described in section 1101(a)(15)(H)(i)(b) of this title within 7 days of the date of the filing of the application. The application form shall include a clear statement explaining the liability under subparagraph (F) of a placing employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph. Nothing in subparagraph (G) shall be construed to prohibit an employer from using legitimate selection criteria relevant to the job that are normal or customary to the type of job involved, so long as such criteria are not applied in a discriminatory manner.
the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment.
Any alien admitted under section 1101(a)(15)(B) of this title may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period.
Subsection (a)(5)(C) shall not apply to an alien who seeks to enter the United States for the purpose of performing labor as a nurse who presents to the consular officer (or in the case of an adjustment of status, the Attorney General) a certified statement from the Commission on Graduates of Foreign Nursing Schools (or an equivalent independent credentialing organization approved for the certification of nurses under subsection (a)(5)(C) by the Attorney General in consultation with the Secretary of Health and Human Services) that-
In determining whether an alien described in subsection (a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to receive an immigrant visa or otherwise to adjust to the status of permanent resident by reason of subsection (a)(4), the consular officer or the Attorney General shall not consider any benefits the alien may have received that were authorized under section 1641(c) of this title.
whichever is greater, based on the best information available as of the time of filing the attestation; and
1 So in original. The semicolon probably should be a comma.
2 See References in Text note below.
3 So in original. Probably should be a reference to section 1229c of this title.
4 So in original. Probably should be preceded by "ineligible for".
5 So in original.
6 So in original. Probably should be "Secretary's".
7 So in original. Probably should be "(10)(E))".
8 So in original.
9 So in original. Probably should be "or".
10 So in original. Probably should be "clause".
11 So in original. Two subsecs. (t) have been enacted.
12 So in original. Two subsecs. (t) have been enacted.
8 U.S.C. § 1182
Amendment of Section For termination of amendment by section 107(c) of Pub. L. 108-77 see Effective and Termination Dates of 2003 Amendment note below.
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in text, was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.Section 3(a) of the Torture Victim Protection Act of 1991, referred to in subsec. (a)(3)(E)(iii)(II), is section 3(a) of Pub. L. 102-256 which is set out as a note under section 1350 of Title 28, Judiciary and Judicial Procedure.Section 301 of the Immigration Act of 1990, referred to in subsec. (a)(6)(E)(ii), (9)(B)(iii)(III), is section 301 of Pub. L. 101-649 which is set out as a note under section 1255a of this title.Section 112 of the Immigration Act of 1990, referred to in subsec. (a)(6)(E)(ii), is section 112 of Pub. L. 101-649 which is set out as a note under section 1153 of this title.Section 1184(l) of this title, referred to in subsec. (a)(6)(G), probably means the subsec. (l) of section 1184, which relates to nonimmigrant elementary and secondary school students and was added by Pub. L. 104-208, div. C, title VI, §625(a)(1), Sept. 30, 1996, 110 Stat. 3009-699, and redesignated subsec. (m) of section 1184 by Pub. L. 106-386, div. A, §107(e)(2)(A), Oct. 28, 2000, 114 Stat. 1478.The Social Security Act, referred to in subsec. (m)(6)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§1395 et seq.) and XIX (§1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Part A of title XVIII of the Act is classified generally to part A (§1395c et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
CODIFICATIONSubsection (j)(3), which required the Director of the United States Information Agency to transmit an annual report to Congress on aliens submitting affidavits described in subsection (j)(1)(E) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66 as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 193 of House Document No. 103-7.
AMENDMENTS2013-Subsec. (a)(4)(E). Pub. L. 113-4 added subpar. (E).2010-Subsec. (a)(1)(C)(ii). Pub. L. 111-287 substituted "subparagraph (F) or (G) of section 1101(b)(1) of this title;" for "section 1101(b)(1)(F) of this title,". 2009-Subsec. (a)(3)(E)(ii). Pub. L. 111-122 struck out "conduct outside the United States that would, if committed in the United States or by a United States national, be" before "genocide". 2008-Subsec. (a)(1)(A)(i). Pub. L. 110-293 substituted a semicolon for ", which shall include infection with the etiologic agent for acquired immune deficiency syndrome,".Subsec. (a)(2)(H)(i). Pub. L. 110-457 substituted "who commits or conspires to commit human trafficking offenses in the United States or outside the United States, or who the consular officer, the Secretary of Homeland Security, the Secretary of State," for "who is listed in a report submitted pursuant to section 7108(b) of title 22, or who the consular officer".Subsec. (a)(3)(G). Pub. L. 110-340 added subpar. (G).Subsec. (a)(7)(B)(iii). Pub. L. 110-229, §702(b)(2), amended cl. (iii) generally. Prior to amendment, text read as follows: "For provision authorizing waiver of clause (i) in the case of visitors to Guam, see subsection (l) of this section." Subsec. (d)(7). Pub. L. 110-229, §702(d), inserted "the Commonwealth of the Northern Mariana Islands," after "Guam,".Subsec. (l). Pub. L. 110-229, §702(b)(3), amended subsec. (l) generally. Prior to amendment, subsec. (l) consisted of pars. (1) to (3) relating to waiver of requirements for nonimmigrant visitors to Guam.2007-Subsec. (a)(3)(B)(ii). Pub. L. 110-161, §691(c), substituted "Subclause (IX)" for "Subclause (VII)" in introductory provisions.Subsec. (d)(3)(B)(i). Pub. L. 110-161, §691(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may conclude in such Secretary's sole unreviewable discretion that subsection (a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) of this section shall not apply to an alien, that subsection (a)(3)(B)(iv)(VI) of this section shall not apply with respect to any material support an alien afforded to an organization or individual that has engaged in a terrorist activity, or that subsection (a)(3)(B)(vi)(III) of this section shall not apply to a group solely by virtue of having a subgroup within the scope of that subsection. The Secretary of State may not, however, exercise discretion under this clause with respect to an alien once removal proceedings against the alien are instituted under section 1229a of this title."2006-Subsec. (a)(4)(C)(i)(I). Pub. L. 109-271, §6(b)(1)(A)(i), which directed the amendment of subsec. (a)(4)(C)(i)(II) by substituting a semicolon for ", or", was executed to subsec. (a)(4)(C)(i)(I), to reflect the probable intent of Congress. The quoted matter did not appear in subsec. (a)(4)(C)(i)(II).Subsec. (a)(4)(C)(i)(III). Pub. L. 109-271, §6(b)(1)(A)(ii), added subcl. (III).Subsec. (a)(6)(A)(ii)(I). Pub. L. 109-271, §6(b)(1)(B), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title,".Subsec. (a)(9)(B)(iii)(V). Pub. L. 109-162, §802(a), added subcl. (V). Subsec. (a)(9)(C)(ii). Pub. L. 109-271, §6(b)(1)(C), substituted "the Secretary of Homeland Security has consented to the alien's reapplying for admission." for "the Attorney General has consented to the alien's reapplying for admission. The Attorney General in the Attorney General's discretion may waive the provisions of subsection (a)(9)(C)(i) of this section in the case of an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 1154(a)(1)(A) of this title, or classification under clause (ii), (iii), or (iv) of section 1154(a)(1)(B) of this title, in any case in which there is a connection between-"(1) the alien's having been battered or subjected to extreme cruelty; and "(2) the alien's-"(A) removal; "(B) departure from the United States;"(C) reentry or reentries into the United States; or"(D) attempted reentry into the United States."Subsec. (a)(9)(C)(iii). Pub. L. 109-271, §6(b)(1)(C), added subpar. (iii).Subsec. (d)(13), (14). Pub. L. 109-162, §802(b), substituted "Secretary of Homeland Security" for "Attorney General" wherever appearing.Subsec. (g)(1)(C). Pub. L. 109-271, §6(b)(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "qualifies for classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or classification under clause (ii) or (iii) of section 1154(a)(1)(B) of this title;". Subsec. (h)(1)(C). Pub. L. 109-271, §6(b)(3), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "the alien qualifies for classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or classification under clause (ii) or (iii) of section 1154(a)(1)(B) of this title; and".Subsec. (i)(1). Pub. L. 109-271, §6(b)(4), substituted "a VAWA self-petitioner" for "an alien granted classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or clause (ii) or (iii) of section 1154(a)(1)(B) of this title".2005-Subsec. (a)(3)(B)(i). Pub. L. 109-13, §103(a), reenacted heading without change and amended first sentence of cl. (i) generally, substituting general provisions relating to inadmissibility of aliens engaging in terrorist activities for former provisions relating to inadmissibility of any alien who had engaged in a terrorist activity, any alien who a consular officer or the Attorney General knew or reasonably believed had engaged in terrorist activity, any alien who had incited terrorist activity, any alien who was a representative of a foreign terrorist organization or group that had publicly endorsed terrorist acts, any alien who was a member of a foreign terrorist organization, any alien who had used the alien's position of prominence to endorse terrorist activity, and any alien who was the spouse or child of an alien who had been found inadmissible, if the activity causing the alien to be found inadmissible had occurred within the last 5 years. Subsec. (a)(3)(B)(iv). Pub. L. 109-13, §103(b), reenacted heading without change and amended text of cl. (iv) generally, substituting provisions defining the term "engage in terrorist activity" in subcls. (I) to (VI), including provisions relating to demonstration of certain knowledge by clear and convincing evidence, for provisions defining the term "engage in terrorist activity" in somewhat similar subcls. (I) to (VI) which did not include provisions relating to demonstration of certain knowledge by clear and convincing evidence.Subsec. (a)(3)(B)(vi). Pub. L. 109-13, §103(c), amended heading and text of cl. (vi) generally. Prior to amendment, text read as follows: "As used in clause (i)(VI) and clause (iv), the term 'terrorist organization' means an organization-"(I) designated under section 1189 of this title;"(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in the activities described in subclause (I), (II), or (III) of clause (iv), or that the organization provides material support to further terrorist activity; or"(III) that is a group of two or more individuals, whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of clause (iv)."Subsec. (d)(3). Pub. L. 109-13, §104, designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B).Subsec. (t). Pub. L. 109-13, §501(d)(1), inserted "or section 1101(a)(15)(E)(iii) of this title" after "section 1101(a)(15)(H)(i)(b1) of this title" wherever appearing. Subsec. (t)(3)(C)(i)(II), (ii)(II), (iii)(II). Pub. L. 109-13, §501(d)(2), substituted "1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii)" for "or 1101(a)(15)(H)(i)(b1)".2004-Subsec. (a)(2)(G). Pub. L. 108-458, §5502(a), amended heading and text of subpar. (G) generally. Prior to amendment, text read as follows: "Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time during the preceding 24-month period, particularly severe violations of religious freedom, as defined in section 6402 of title 22, and the spouse and children, if any, are inadmissible."Subsec. (a)(3)(E). Pub. L. 108-458, §5501(a)(3), which directed substitution of "Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing" for "Participants in nazi persecution or genocide" in heading, was executed by making the substitution for "Participants in Nazi persecutions or genocide" to reflect the probable intent of Congress. Subsec. (a)(3)(E)(ii). Pub. L. 108-458, §5501(a)(1), substituted "ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if committed in the United States or by a United States national, be genocide, as defined in section 1091(a) of title 18, is inadmissible" for "has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is inadmissible".Subsec. (a)(3)(E)(iii). Pub. L. 108-458, §5501(a)(2), added cl. (iii).Subsec. (d)(3)(A), (B). Pub. L. 108-458, §5503, substituted "and clauses (i) and (ii) of paragraph (3)(E)" for "and (3)(E)".Subsec. (n)(1)(E)(ii). Pub. L. 108-447, §422(a), struck out "October 1, 2003," before "by an H-1B-dependent employer".Subsec. (n)(2)(G). Pub. L. 108-447, §424(a)(1), added subpar. (G).Subsec. (n)(2)(H), (I). Pub. L. 108-447, §424(b), added subpar. (H) and redesignated former subpar. (H) as (I).Subsec. (p). Pub. L. 108-449, §1(b)(2)(A), which directed redesignation of subsec. (p), relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge, as (s), could not be executed because of the previous temporary redesignation by Pub. L. 108-77, §402(b)(1). See 2003 Amendment note below.Subsec. (p)(3), (4). Pub. L. 108-447, §423, added pars. (3) and (4).Subsec. (s). Pub. L. 108-449, §1(b)(2)(A), which directed redesignation of subsec. (p), relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge, as (s), could not be executed because of the previous redesignation by Pub. L. 108-77, §402(b)(1). See 2003 Amendment note below.Subsec. (t). Pub. L. 108-449, §1(b)(2)(B), added subsec. (t) relating to foreign residence requirement. 2003-Subsec. (d)(13). Pub. L. 108-193, §8(a)(2), redesignated par. (13), relating to Attorney General's determination whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(U) of this title, as (14).Subsec. (d)(13)(A). Pub. L. 108-193, §4(b)(4)(A), inserted ", except that the ground for inadmissibility described in subsection (a)(4) shall not apply with respect to such a nonimmigrant" before period at end.Subsec. (d)(13)(B)(i). Pub. L. 108-193, §4(b)(4)(B)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "paragraphs (1) and (4) of subsection (a) of this section; and".Subsec. (d)(13)(B)(ii). Pub. L. 108-193, §4(b)(4)(B)(ii), substituted "subsection (a)" for "such subsection" and inserted "(4)," after "(3),".Subsec. (d)(14). Pub. L. 108-193, §8(a)(2), redesignated par. (13), relating to Attorney General's determination whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(U) of this title, as (14).Subsec. (p). Pub. L. 108-77, §§107(c), 402, temporarily redesignated subsec. (p), relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge, as (s). See Effective and Termination Dates of 2003 Amendment note below.Subsec. (p)(1). Pub. L. 108-77, §§107(c), 402, temporarily substituted "(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)" for "(n)(1)(A)(i)(II) and (a)(5)(A)". See Effective and Termination Dates of 2003 Amendment note below.Subsec. (s). Pub. L. 108-77, §§107(c), 402, temporarily redesignated subsec. (p), relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge, as (s). See Effective and Termination Dates of 2003 Amendment note below. Subsec. (t). Pub. L. 108-77, §§107(c), 402, temporarily added subsec. (t). See Effective and Termination Dates of 2003 Amendment note below.2002-Subsec. (a)(4)(C)(ii). Pub. L. 107-150 substituted "(and any additional sponsor required under section 1183a(f) of this title or any alternative sponsor permitted under paragraph (5)(B) of such section)" for "(including any additional sponsor required under section 1183a(f) of this title)".Subsec. (e). Pub. L. 107-273 substituted "section 1184(l)" for "section 1184(k)". 2001-Subsec. (a)(2)(I). Pub. L. 107-56, §1006(a), added subpar. (I).Subsec. (a)(3)(B)(i)(II). Pub. L. 107-56, §411(a)(1)(C), substituted "clause (iv)" for "clause (iii)". Subsec. (a)(3)(B)(i)(IV). Pub. L. 107-56, §411(a)(1)(A)(i), amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read as follows: "is a representative (as defined in clause (iv)) of a foreign terrorist organization, as designated by the Secretary under section 1189 of this title, or". Subsec. (a)(3)(B)(i)(V). Pub. L. 107-56, §411(a)(1)(A)(ii), inserted "or" after "section 1189 of this title,".Subsec. (a)(3)(B)(i)(VI), (VII). Pub. L. 107-56, §411(a)(1)(A)(iii), which directed addition of subcls. (VI) and (VII) at end of cl. (i), was executed by making the addition after subcl. (V) and before concluding provisions of cl. (i) to reflect the probable intent of Congress.Subsec. (a)(3)(B)(ii). Pub. L. 107-56, §411(a)(1)(D), added cl. (ii). Former cl. (ii) redesignated (iii).Subsec. (a)(3)(B)(iii). Pub. L. 107-56, §411(a)(1)(E)(i), inserted "it had been" before "committed in the United States" in introductory provisions. Pub. L. 107-56, §411(a)(1)(B), redesignated cl. (ii) as (iii). Former cl. (iii) redesignated (iv).Subsec. (a)(3)(B)(iii)(V)(b). Pub. L. 107-56, §411(a)(1)(E)(ii), substituted ", firearm, or other weapon or dangerous device" for "or firearm".Subsec. (a)(3)(B)(iv). Pub. L. 107-56, §411(a)(1)(F), reenacted heading without change and amended text of cl. (iv) generally. Prior to amendment, text read as follows: "As used in this chapter, the term 'engage in terrorist activity' means to commit, in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activity at any time, including any of the following acts: "(I) The preparation or planning of a terrorist activity. "(II) The gathering of information on potential targets for terrorist activity."(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit a terrorist activity."(IV) The soliciting of funds or other things of value for terrorist activity or for any terrorist organization."(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity." Pub. L. 107-56, §411(a)(1)(B), redesignated cl. (iii) as (iv). Former cl. (iv) redesignated (v). Subsec. (a)(3)(B)(v). Pub. L. 107-56, §411(a)(1)(B), redesignated cl. (iv) as (v).Subsec. (a)(3)(B)(vi). Pub. L. 107-56, §411(a)(1)(G), added cl. (vi).Subsec. (a)(3)(F). Pub. L. 107-56, §411(a)(2), added subpar. (F). 2000-Subsec. (a)(2)(H). Pub. L. 106-386, §111(d), added subpar. (H).Subsec. (a)(5)(A)(iv). Pub. L. 106-313, §106(c)(2), added cl. (iv).Subsec. (a)(6)(C)(ii). Pub. L. 106-395, §201(b)(2), amended heading and text of cl. (ii) generally. Prior to amendment, text read as follows: "Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any other Federal or State law is inadmissible." Subsec. (a)(7)(B)(iv). Pub. L. 106-396 struck out "pilot" before "program" in heading and text.Subsec. (a)(9)(C)(ii). Pub. L. 106-386, §1505(a), inserted at end "The Attorney General in the Attorney General's discretion may waive the provisions of subsection (a)(9)(C)(i) of this section in the case of an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 1154(a)(1)(A) of this title, or classification under clause (ii), (iii), or (iv) of section 1154(a)(1)(B) of this title, in any case in which there is a connection between-" and added subcls. (1) and (2).Subsec. (a)(10)(D). Pub. L. 106-395, §201(b)(1), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: "Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible."Subsec. (d)(13). Pub. L. 106-386, §1513(e), added par. (13) relating to Attorney General's determination whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(U) of this title. Pub. L. 106-386, §107(e)(3), added par. (13) relating to Attorney General's determination whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(T) of this title. Subsec. (g)(1)(C). Pub. L. 106-386, §1505(d), added subpar. (C).Subsec. (h)(1)(C). Pub. L. 106-386, §1505(e), added subpar. (C).Subsec. (i)(1). Pub. L. 106-386, §1505(c)(1), inserted before period at end "or, in the case of an alien granted classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or clause (ii) or (iii) of section 1154(a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child".Subsec. (n)(1)(E)(ii). Pub. L. 106-313, §107(a), substituted "October 1, 2003" for "October 1, 2001".Subsec. (p). Pub. L. 106-386, §1505(f), added subsec. (p) relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge.1999-Subsec. (a)(2)(C). Pub. L. 106-120 amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: "Any alien who the consular or immigration officer knows or has reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is inadmissible." Subsec. (a)(5)(C). Pub. L. 106-95, §4(a)(2), substituted "Subject to subsection (r), any alien who seeks" for "Any alien who seeks" in introductory provisions.Subsec. (m). Pub. L. 106-95, §2(b), amended subsec. (m) generally, adding provisions providing that no more than 33 percent of a facility's workforce may be nonimmigrant aliens and making issuance of visas dependent upon State populations, and revising period of admission from a maximum of 6 years to 3 years.Subsec. (r). Pub. L. 106-95, §4(a)(1), added subsec. (r).1998-Subsec. (a)(2)(G). Pub. L. 105-292 added subpar. (G).Subsec. (a)(10)(C)(ii), (iii). Pub. L. 105-277, §2226(a), added cls. (ii) and (iii) and struck out heading and text of former cl. (ii). Text read as follows: "Clause (i) shall not apply so long as the child is located in a foreign state that is a party to the Hague Convention on the Civil Aspects of International Child Abduction."Subsec. (n)(1). Pub. L. 105-277, §412(b)(2), substituted "an H-1B nonimmigrant" for "a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title" in introductory provisions. Pub. L. 105-277, §412(a)(2), (3), inserted at end "The application form shall include a clear statement explaining the liability under subparagraph (F) of a placing employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph. Nothing in subparagraph (G) shall be construed to prohibit an employer from using legitimate selection criteria relevant to the job that are normal or customary to the type of job involved, so long as such criteria are not applied in a discriminatory manner."Subsec. (n)(1)(A)(i). Pub. L. 105-277, §412(b)(2), substituted "an H-1B nonimmigrant" for "a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title" in introductory provisions.Subsec. (n)(1)(C)(ii). Pub. L. 105-277, §412(c), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "if there is no such bargaining representative, has posted notice of filing in conspicuous locations at the place of employment." Subsec. (n)(1)(E) to (G). Pub. L. 105-277, §412(a)(1), added subpars. (E) to (G).Subsec. (n)(2)(A). Pub. L. 105-277, §413(b)(2), substituted "Subject to paragraph (5)(A), the Secretary" for "The Secretary" in first sentence.Subsec. (n)(2)(C). Pub. L. 105-277, §413(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation of material fact in an application-"(i) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate, and "(ii) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c) of this title during a period of at least 1 year for aliens to be employed by the employer." Subsec. (n)(2)(E). Pub. L. 105-277, §413(c), added subpar. (E).Subsec. (n)(2)(F). Pub. L. 105-277, §413(d), added subpar. (F).Subsec. (n)(2)(G). Pub. L. 105-277, §413(e), temporarily added subpar. (G). See Effective and Termination Dates of 1998 Amendment note below.Subsec. (n)(2)(H). Pub. L. 105-277, §413(f), added subpar. (H).Subsec. (n)(3), (4). Pub. L. 105-277, §412(b)(1), added pars. (3) and (4).Subsec. (n)(5). Pub. L. 105-277, §413(b)(1), added par. (5).Subsec. (p). Pub. L. 105-277, §415(a), added subsec. (p) relating to computation of prevailing wage level.Subsec. (q). Pub. L. 105-277, §431(a), added subsec. (q).1997-Subsec. (a)(1)(A)(ii). Pub. L. 105-73, §1(1), inserted "except as provided in subparagraph (C)," after "(ii)".Subsec. (a)(1)(C). Pub. L. 105-73, §1(2), added subpar. (C).1996- Pub. L. 104-208, §308(d)(1)(A), amended section catchline.Subsec. (a). Pub. L. 104-208, §308(d)(1)(C), substituted "is inadmissible" for "is excludable" wherever appearing in pars. (1) to (5), (6)(C) to (E), (G), (7), (8), (10)(A), (C)(i), (D), and (E). Pub. L. 104-208, §308(d)(1)(B), substituted "aliens ineligible for visas or admission" for "excludable aliens" in heading and substituted "Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:" for "Except as otherwise provided in this chapter, the following describes classes of excludable aliens who are ineligible to receive visas and who shall be excluded from admission into the United States:" in introductory provisions. Subsec. (a)(1)(A)(ii) to (iv). Pub. L. 104-208, §341(a), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.Subsec. (a)(2)(B). Pub. L. 104-208, §322(a)(2)(B), struck out "actually imposed" after "confinement". Subsec. (a)(2)(D)(i), (ii). Pub. L. 104-208, §308(f)(1)(C), substituted "admission" for "entry".Subsec. (a)(3)(B)(i)(I). Pub. L. 104-132, §411(1)(A), struck out "or" at end.Subsec. (a)(3)(B)(i)(II). Pub. L. 104-132, §411(1)(B), inserted "is engaged in or" after "ground to believe,".Subsec. (a)(3)(B)(i)(III). Pub. L. 104-208, §342(a)(2), added subcl. (III). Former subcl. (III) redesignated (IV). Pub. L. 104-132, §411(1)(C), added subcl. (III).Subsec. (a)(3)(B)(i)(IV). Pub. L. 104-208, §355, inserted "which the alien knows or should have known is a terrorist organization" after "1189 of this title,". Pub. L. 104-208, §342(a)(1), redesignated subcl. (III) as (IV). Former subcl. (IV) redesignated (V). Pub. L. 104-132, §411(1)(C), added subcl. (IV).Subsec. (a)(3)(B)(i)(V). Pub. L. 104-208, §342(a)(1), redesignated subcl. (IV) as (V).Subsec. (a)(3)(B)(iii)(III). Pub. L. 104-208, §342(a)(3), inserted "documentation or" before "identification".Subsec. (a)(3)(B)(iv). Pub. L. 104-132, §411(2), added cl. (iv).Subsec. (a)(4). Pub. L. 104-208, §531(a), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: "Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable." Pub. L. 104-208, §305(c), which directed amendment of par. (4) by substituting "1227(a)(5)(B)" for "1251(a)(5)(B)" each place it appears, could not be executed because "1251(a)(5)(B)" did not appear in par. (4). Subsec. (a)(5)(A)(iii). Pub. L. 104-208, §624(a), added cl. (iii).Subsec. (a)(5)(C). Pub. L. 104-208, §343(2), added subpar. (C). Former subpar. (C) redesignated (D). Pub. L. 104-208, §308(d)(1)(D), substituted "inadmissibility" for "exclusion".Subsec. (a)(5)(D). Pub. L. 104-208, §343(1), redesignated subpar. (C) as (D).Subsec. (a)(6)(A). Pub. L. 104-208, §301(c)(1), amended heading and text generally. Prior to amendment, text read as follows: "Any alien who has been excluded from admission and deported and who again seeks admission within one year of the date of such deportation is excludable, unless prior to the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien's reapplying for admission."Subsec. (a)(6)(B). Pub. L. 104-208, §301(c)(1), amended heading and text generally. Prior to amendment, text read as follows: "Any alien who-"(i) has been arrested and deported,"(ii) has fallen into distress and has been removed pursuant to this chapter or any prior Act,"(iii) has been removed as an alien enemy, or"(iv) has been removed at Government expense in lieu of deportation pursuant to section 1252(b) of this title,and (a) who seeks admission within 5 years of the date of such deportation or removal, or (b) who seeks admission within 20 years in the case of an alien convicted of an aggravated felony, is excludable, unless before the date of the alien's embarkation or reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien's applying or reapplying for admission."Subsec. (a)(6)(C)(i). Pub. L. 104-208, §308(f)(1)(D), substituted "admission" for "entry".Subsec. (a)(6)(C)(ii), (iii). Pub. L. 104-208, §344(a), added cl. (ii) and redesignated former cl. (ii) as (iii).Subsec. (a)(6)(F). Pub. L. 104-208, §345(a)(1), amended heading and text of subpar. (F) generally. Prior to amendment, text read as follows: "An alien who is the subject of a final order for violation of section 1324c of this title is excludable." Subsec. (a)(6)(G). Pub. L. 104-208, §346(a), added subpar. (G).Subsec. (a)(9). Pub. L. 104-208, §301(b)(1), added par. (9). Former par. (9) redesignated (10).Subsec. (a)(10). Pub. L. 104-208, §301(b)(1), redesignated par. (9) as (10). Subsec. (a)(10)(B). Pub. L. 104-208, §308(c)(2)(B), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: "Any alien accompanying another alien ordered to be excluded and deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant to section 1227(e) of this title, whose protection or guardianship is required by the alien ordered excluded and deported, is excludable."Subsec. (a)(10)(D). Pub. L. 104-208, §347(a), added subpar. (D).Subsec. (a)(10)(E). Pub. L. 104-208, §352(a), added subpar. (E).Subsec. (b). Pub. L. 104-208, §308(d)(1)(F), which directed amendment of par. (2) by striking "or ineligible for entry", was executed by striking the language in par. (1)(B) before "or adjustment", to reflect the probable intent of Congress and the intervening redesignation of par. (2) as par. (1)(B) by Pub. L. 104-132, §412(1). See below. Pub. L. 104-208, §308(d)(1)(E), substituted "inadmissible" for "excludable" wherever appearing. Pub. L. 104-132, §412, designated existing provisions as par. (1), substituted "Subject to paragraphs (2) and (3), if" for "If", redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, realigned margins, and added pars. (2) and (3).Subsec. (c). Pub. L. 104-208, §304(b), struck out subsec. (c) which read as follows: "Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) of this section (other than paragraphs (3) and (9)(C)). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 1181(b) of this title. This subsection shall not apply to an alien who is deportable by reason of having committed any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of this title." Pub. L. 104-132, §440(d)(2), as amended by Pub. L. 104-208, §§306(d), 308 (H), substituted "is deportable by reason of having committed any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of this title." for "has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years." Pub. L. 104-132, §440(d)(1), substituted "This" for "The first sentence of this" in third sentence.Subsec. (d)(1). Pub. L. 104-208, §308(e)(1)(B), substituted "removal" for "deportation". Pub. L. 104-208, §308(d)(1)(D), substituted "inadmissibility" for "exclusion".Subsec. (d)(3). Pub. L. 104-208, §308(d)(1)(E), substituted "inadmissible aliens" for "excludable aliens". Subsec. (d)(4). Pub. L. 104-208, §308(g)(1), substituted "section 1223(c)" for "section 1228(c)".Subsec. (d)(5)(A). Pub. L. 104-208, §602(a), substituted "only on a case-by-case basis for urgent humanitarian reasons or significant public benefit" for "for emergent reasons or for reasons deemed strictly in the public interest". Subsec. (d)(7). Pub. L. 104-208, §308(g)(4)(B), substituted "section 1231(c)" for "section 1227(a)". Pub. L. 104-208, §308(e)(2)(A), substituted "removed" for "deported". Pub. L. 104-208, §308(d)(1)(G), substituted "denied admission" for "excluded from admission".Subsec. (d)(11). Pub. L. 104-208, §671(e)(3), inserted comma after "(4) thereof)". Pub. L. 104-208, §351(a), inserted "an individual who at the time of such action was" after "aided only". Pub. L. 104-208, §308(e)(1)(C), substituted "removal" for "deportation".Subsec. (d)(12). Pub. L. 104-208, §345(a)(2), added par. (12).Subsec. (e). Pub. L. 104-208, §622(b), inserted ", or in the case of a waiver requested by an interested United States Government agency on behalf of an alien described in clause (iii)," before "the waiver shall be subject to". Subsec. (f). Pub. L. 104-208, §124(b)(1), inserted at end "Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline."Subsec. (g). Pub. L. 104-208, §341(b), substituted a semicolon for ", or" at end of par. (1)(B), inserted "in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe;" as par. (1) concluding provisions, and substituted pars. (2) and (3) for former par. (2) and concluding provisions which read as follows:"(2) subsection (a)(1)(A)(ii) of this section in the case of any alien,in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in his discretion after consultation with the Secretary of Health and Human Services, may by regulation prescribe."Subsec. (h). Pub. L. 104-208, §348(a), inserted at end of concluding provisions "No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection." Pub. L. 104-208, §308(g)(10)(A), which directed substitution of "paragraphs (1) and (2) of section 1229b(a) of this title" for "subsection (c) of this section", could not be executed because the language "subsection (c) of this section" did not appear.Subsec. (h)(1)(A)(i). Pub. L. 104-208, §308(f)(1)(E), substituted "admission" for "entry". Pub. L. 104-208, §308(d)(1)(E), substituted "inadmissible" for "excludable" in two places.Subsec. (h)(1)(B). Pub. L. 104-208, §308(d)(1)(H), substituted "denial of admission" for "exclusion".Subsec. (i). Pub. L. 104-208, §349, amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: "The Attorney General may, in his discretion, waive application of clause (i) of subsection (a)(6)(C) of this section-"(1) in the case of an immigrant who is the spouse, parent, or son or daughter of a United States citizen or of an immigrant lawfully admitted for permanent residence, or"(2) if the fraud or misrepresentation occurred at least 10 years before the date of the immigrant's application for a visa, entry, or adjustment of status and it is established to the satisfaction of the Attorney General that the admission to the United States of such immigrant would not be contrary to the national welfare, safety, or security of the United States."Subsec. (j)(1)(D). Pub. L. 104-208, §308(f)(1)(F), substituted "admission" for "entry" in introductory provisions. Subsec. (j)(1)(D)(ii). Pub. L. 104-208, §308(f)(3)(A), substituted "is admitted to" for "enters".Subsec. (k). Pub. L. 104-208, §308(d)(1)(E), substituted "inadmissible" for "excludable". Pub. L. 104-208, §308(d)(1)(D), substituted "inadmissibility" for "exclusion".Subsec. (l)(2)(B). Pub. L. 104-208, §308(e)(6), substituted "removal of" for "deportation against". 1994-Subsec. (a)(2)(A)(i)(I). Pub. L. 103-416, §203(a)(1), inserted "or an attempt or conspiracy to commit such a crime" after "offense)".Subsec. (a)(2)(A)(i)(II). Pub. L. 103-416, §203(a)(2), inserted "or attempt" after "conspiracy".Subsec. (a)(5)(C). Pub. L. 103-416, §219(z)(5), amended directory language of Pub. L. 102-232, §307(a)(6). See 1991 Amendment note below.Subsec. (d)(1). Pub. L. 103-322 added par. (1).Subsec. (d)(11). Pub. L. 103-416, §219(e), substituted "voluntarily" for "voluntary". Subsec. (e). Pub. L. 103-416, §220(a), in first proviso, inserted "(or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent)" after "interested United States Government agency" and "except that in the case of a waiver requested by a State Department of Public Health, or its equivalent the waiver shall be subject to the requirements of section 1184(k) of this title" after "public interest".Subsec. (h). Pub. L. 103-416, §203(a)(3), inserted before period at end ", or an attempt or conspiracy to commit murder or a criminal act involving torture".Subsec. (n)(1)(A)(i). Pub. L. 103-416, §219(z)(1), made technical correction to Pub. L. 102-232, §303(a)(7)(B)(i). See 1991 Amendment note below. Subsec. (o). Pub. L. 103-317, §506(a), (c), temporarily added subsec. (o) which read as follows: "An alien who has been physically present in the United States shall not be eligible to receive an immigrant visa within ninety days following departure therefrom unless-"(1) the alien was maintaining a lawful nonimmigrant status at the time of such departure, or"(2) the alien is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986 at any date, who-"(A) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986;"(B) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and"(C) applied for benefits under section 301(a) of the Immigration Act of 1990."See Effective and Termination Dates of 1994 Amendment note below.1993-Subsec. (a)(1)(A)(i). Pub. L. 103-43 inserted at end "which shall include infection with the etiologic agent for acquired immune deficiency syndrome,". 1991-Subsec. (a)(1)(A)(ii)(II). Pub. L. 102-232, §307(a)(1), inserted "or" at end.Subsec. (a)(3)(A)(i). Pub. L. 102-232, §307(a)(2), inserted "(I)" after "any activity" and "(II)" after "sabotage or".Subsec. (a)(3)(B)(iii)(III). Pub. L. 102-232, §307(a)(3), substituted "a terrorist activity" for "an act of terrorist activity".Subsec. (a)(3)(C)(iv). Pub. L. 102-232, §307(a)(5), substituted "identity" for "identities".Subsec. (a)(3)(D)(iv). Pub. L. 102-232, §307(a)(4), substituted "if the immigrant" for "if the alien".Subsec. (a)(5). Pub. L. 102-232, §302(e)(6), repealed Pub. L. 101-649, §162(e)(1). See 1990 Amendment note below. Subsec. (a)(5)(C). Pub. L. 102-232, §307(a)(6), as amended by Pub. L. 103-416, §219(z)(5), substituted "immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title" for "preference immigrant aliens described in paragraph (3) or (6) of section 1153(a) of this title and to nonpreference immigrant aliens described in section 1153(a)(7) of this title".Subsec. (a)(6)(B). Pub. L. 102-232, §307(a)(7), in closing provisions, substituted "(a) who seeks" for "who seeks", ", or (b) who seeks admission" for "(or", and "felony," for "felony)".Subsec. (a)(6)(E)(ii), (iii). Pub. L. 102-232, §307(a)(8), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (a)(8)(B). Pub. L. 102-232, §307(a)(9), substituted "person" for "alien" after "Any".Subsec. (a)(9)(C)(i). Pub. L. 102-232, §307(a)(10)(A), substituted "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" for "a court order granting custody to a citizen of the United States of a child having a lawful claim to United States citizenship, detains, retains, or withholds custody of the child outside the United States from the United States citizen granted custody, is excludable until the child is surrendered to such United States citizen".Subsec. (a)(9)(C)(ii). Pub. L. 102-232, §307(a)(10)(B), substituted "so long as the child is located in a foreign state that is a party" for "to an alien who is a national of a foreign state that is a signatory".Subsec. (a)(17). Pub. L. 102-232, §306(a)(12), amended Pub. L. 101-649, §514(a). See 1990 Amendment note below. Subsec. (c). Pub. L. 102-232, §307(b), substituted "paragraphs (3) and (9)(C)" for "subparagraphs (A), (B), (C), or (E) of paragraph (3)". Pub. L. 102-232, §306(a)(10), substituted "one or more aggravated felonies and has served for such felony or felonies" for "an aggravated felony and has served".Subsec. (d)(3). Pub. L. 102-232, §307(c), substituted "(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii)," for "(3)(A)," in two places and "(3)(E)" for "(3)(D)" in two places.Subsec. (d)(11). Pub. L. 102-232, §307(d), inserted "and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 1153(a) of this title (other than paragraph (4) thereof)" after "section 1181(b) of this title".Subsec. (g)(1). Pub. L. 102-232, §307(e), substituted "subsection (a)(1)(A)(i)" for "section (a)(1)(A)(i)".Subsec. (h). Pub. L. 102-232, §307(f)(1), struck out "in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or alien lawfully admitted for permanent residence" after "marijuana" in introductory provisions. Subsec. (h)(1). Pub. L. 102-232, §307(f)(2), designated existing provisions as subpar. (A) and inserted "in the case of any immigrant" in introductory provisions, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, struck out "and" at end of cl. (i), substituted "or" for "and" at end of cl. (iii), and added subpar. (B).Subsec. (i). Pub. L. 102-232, §307(g), substituted "immigrant" and "immigrant's" for "alien" and "alien's", respectively, wherever appearing. Subsec. (j)(1)(D). Pub. L. 102-232, §309(b)(7), substituted "United States Information Agency" for "International Communication Agency". Subsec. (j)(2). Pub. L. 102-232, §303(a)(5)(B), added par. (2) and struck out former par. (2) which related to inapplicability of par. (1)(A) and (B)(ii)(I) requirements between effective date of subsec. and Dec. 31, 1983.Subsec. (j)(3). Pub. L. 102-232, §309(b)(7), substituted "United States Information Agency" for "International Communication Agency".Subsec. (m)(2)(A). Pub. L. 102-232, §302(e)(9), inserted, after first sentence of closing provisions, sentence relating to attestation that facility will not replace nurse with nonimmigrant for period of one year after layoff.Subsec. (n)(1). Pub. L. 102-232, §303(a)(7)(B)(ii), (iii), redesignated matter after first sentence of subpar. (D) as closing provisions of par. (1), substituted "(and such accompanying documents as are necessary)" for "(and accompanying documentation)", and inserted last two sentences providing for review and certification by Secretary of Labor.Subsec. (n)(1)(A)(i). Pub. L. 102-232, §303(a)(7)(B)(i), as amended by Pub. L. 103-416, §219(z)(1), in introductory provisions substituted "admitted or provided status as a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title" for "and to other individuals employed in the occupational classification and in the area of employment", in closing provisions substituted "based on the best information available" for "determined", and amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "the actual wage level for the occupational classification at the place of employment, or".Subsec. (n)(1)(A)(ii). Pub. L. 102-232, §303(a)(6), substituted "for such a nonimmigrant" for "for such aliens".Subsec. (n)(1)(D). Pub. L. 102-232, §303(a)(7)(B)(iii), redesignated matter after first sentence as closing provisions of par. (1).Subsec. (n)(2)(C). Pub. L. 102-232, §303(a)(7)(B)(iv), substituted "of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation" for "(or a substantial failure in the case of a condition described in subparagraph (C) or (D) of paragraph (1)) or misrepresentation".Subsec. (n)(2)(D). Pub. L. 102-232, §303(a)(7)(B)(v), (vi), substituted "If" for "In addition to the sanctions provided under subparagraph (C), if" and inserted before period at end ", whether or not a penalty under subparagraph (C) has been imposed".1990-Subsec. (a). Pub. L. 101-649, §601(a), amended subsec. (a) generally, decreasing number of classes of excludable aliens from 34 to 9 by broadening descriptions of such classes. Pub. L. 101-649, §514(a), as amended by Pub. L. 102-232, §306(a)(12), substituted "20 years" for "ten years" in par. (17). Pub. L. 101-649, §162(e)(1), which provided that par. (5) is amended in subpar. (A), by striking "Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor" and inserting "Any alien who seeks admission or status as an immigrant under paragraph (2) or (3) of section 1153(b) of this title, in subpar. (B), by inserting "who seeks admission or status as an immigrant under paragraph (2) or (3) of section 1153(b) of this title" after "An alien" the first place it appears, and by striking subpar. (C), was repealed by Pub. L. 102-232, §302(e)(6). See Construction of 1990 Amendment note below. Pub. L. 101-246, §131(a), added par. (34) which read as follows: "Any alien who has committed in the United States any serious criminal offense, as defined in section 1101(h) of this title, for whom immunity from criminal jurisdiction was exercised with respect to that offense, who as a consequence of the offense and the exercise of immunity has departed the United States, and who has not subsequently submitted fully to the jurisdiction of the court in the United States with jurisdiction over the offense." Subsec. (b). Pub. L. 101-649, §601(b), added subsec. (b) and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(25).Subsec. (c). Pub. L. 101-649, §601(d)(1), substituted "subsection (a) of this section (other than subparagraphs (A), (B), (C), or (E) of paragraph (3))" for "paragraph (1) through (25) and paragraphs (30) and (31) of subsection (a) of this section". Pub. L. 101-649, §511(a), inserted at end "The first sentence of this subsection shall not apply to an alien who has been convicted of an aggravated felony and has served a term of imprisonment of at least 5 years."Subsec. (d)(1), (2). Pub. L. 101-649, §601(d)(2)(A), struck out pars. (1) and (2) which related to applicability of subsec. (a)(11), (25), and (28). Subsec. (d)(3). Pub. L. 101-649, §601(d)(2)(B), substituted "under subsection (a) (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)" for "under one or more of the paragraphs enumerated in subsection (a) (other than paragraphs (27), (29), and (33))" wherever appearing, and inserted at end "The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this paragraph."Subsec. (d)(4). Pub. L. 101-649, §601(d)(2)(C), substituted "(7)(B)(i)" for "(26)".Subsec. (d)(5)(A). Pub. L. 101-649, §202(b), inserted "or in section 1184(f) of this title" after "except as provided in subparagraph (B)". Subsec. (d)(6). Pub. L. 101-649, §601(d)(2)(A), struck out par. (6) which directed that Attorney General prescribe conditions to control excludable aliens applying for temporary admission.Subsec. (d)(7). Pub. L. 101-649, §601(d)(2)(D), substituted "(other than paragraph (7))" for "of this section, except paragraphs (20), (21), and (26),". Subsec. (d)(8). Pub. L. 101-649, §601(d)(2)(E), substituted "(3)(A), (3)(B), (3)(C), and (7)(B)" for "(26), (27), and (29)". Subsec. (d)(9), (10). Pub. L. 101-649, §601(d)(2)(A), struck out pars. (9) and (10) which related to applicability of pars. (7) and (15), respectively, of subsec. (a).Subsec. (d)(11). Pub. L. 101-649, §601(d)(2)(F), added par. (11).Subsec. (g). Pub. L. 101-649, §601(d)(3), amended subsec. (g) generally, substituting provisions relating to waiver of application for provisions relating to admission of mentally retarded, tubercular, and mentally ill aliens. Subsec. (h). Pub. L. 101-649, §601(d)(4), amended subsec. (h) generally, substituting provisions relating to waiver of certain subsec. (a)(2) provisions for provisions relating to nonapplicability of subsec. (a)(9), (10), (12), (23), and (34). Pub. L. 101-246, §131(c), substituted "(12), or (34)" for "or (12)".Subsec. (i). Pub. L. 101-649, §601(d)(5), amended subsec. (i) generally, substituting provisions relating to waiver of subsec. (a)(6)(C)(i) of this section for provisions relating to admission of alien spouse, parent or child excludable for fraud. Subsec. (k). Pub. L. 101-649, §601(d)(6), substituted "paragraph (5)(A) or (7)(A)(i)" for "paragraph (14), (20), or (21)". Subsec. (l). Pub. L. 101-649, §601(d)(7), substituted "paragraph (7)(B)(i)" for "paragraph (26)(B)".Subsec. (m)(2)(A). Pub. L. 101-649, §162(f)(2)(B), in opening provision, struck out ", with respect to a facility for which an alien will perform services," before "is an attestation", in cl. (iii) inserted "employed by the facility" after "The alien", and inserted at end "In the case of an alien for whom an employer has filed an attestation under this subparagraph and who is performing services at a worksite other than the employer's or other than a worksite controlled by the employer, the Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order to avoid duplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the attestor, or for other good cause." Subsec. (n). Pub. L. 101-649, §205(c)(3), added subsec. (n). 1989-Subsec. (m). Pub. L. 101-238 added subsec. (m).1988-Subsec. (a)(17). Pub. L. 100-690 inserted "(or within ten years in the case of an alien convicted of an aggravated felony)" after "within five years".Subsec. (a)(19). Pub. L. 100-525, §7(c)(1), made technical correction to directory language of Pub. L. 99-639, §6(a). See 1986 Amendment note below. Subsec. (a)(32). Pub. L. 100-525, §9(i)(1), substituted "Secretary of Education" for "Commissioner of Education" and "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare". Subsec. (d)(4). Pub. L. 100-525, §8(f), added Pub. L. 99-653, §7(d)(2). See 1986 Amendment note below.Subsec. (e). Pub. L. 100-525, §9(i)(2), substituted "Director of the United States Information Agency" for "Secretary of State" the first place appearing, and "Director" for "Secretary of State" each subsequent place appearing.Subsec. (g). Pub. L. 100-525, §9(i)(3), substituted "Secretary of Health and Human Services" for "Surgeon General of the United States Public Health Service" wherever appearing.Subsec. (h). Pub. L. 100-525, §9(i)(4), substituted "paragraph (9)" for "paragraphs (9)".Subsec. (i). Pub. L. 100-525, §7(c)(3), added Pub. L. 99-639, §6(b). See 1986 Amendment note below.Subsec. (l). Pub. L. 100-525, §3(1)(A), made technical correction to Pub. L. 99-396, §14(a). See 1986 Amendment note below.1987-Subsec. (a)(23). Pub. L. 100-204 amended par. (23) generally. Prior to amendment, par. (23) read as follows: "Any alien who has been convicted of a violation of, or a conspiracy to violate, any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21); or any alien who the consular officer or immigration officer know or have reason to believe is or has been an illicit trafficker in any such controlled substance;".1986-Subsec. (a)(19). Pub. L. 99-639, §6(a), as amended by Pub. L. 100-525, §7(c)(1), amended par. (19) generally. Prior to amendment, par. (19) read as follows: "Any alien who seeks to procure, or has sought to procure, or has procured a visa or other documentation, or seeks to enter the United States, by fraud, or by willfully misrepresenting a material fact;".Subsec. (a)(23). Pub. L. 99-570 substituted "any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21)" for "any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative, or preparation of opium or coca leaves, or isonipecaine or any addiction-forming or addiction-sustaining opiate" and "any such controlled substance" for "any of the aforementioned drugs".Subsec. (a)(24). Pub. L. 99-653 struck out par. (24) which related to aliens seeking admission from foreign contiguous territory or adjacent islands who arrived there on vessel or aircraft of nonsignatory line or noncomplying transportation line and have not resided there at least two years subsequent to such arrival, except for aliens described in section 1101(a)(27)(A) of this title and aliens born in Western Hemisphere, and further provided that no paragraph following par. (24) shall be redesignated as result of this amendment. Subsec. (d)(4). Pub. L. 99-653, §7(d)(2), as added by Pub. L. 100-525, §8(f), substituted "section 1228(c) of this title" for "section 1228(d) of this title".Subsec. (i). Pub. L. 99-639, §6(b), as added by Pub. L. 100-525, §7(c)(3), inserted "or other benefit under this chapter" after "United States,".Subsec. (l). Pub. L. 99-396, §14(a), as amended by Pub. L. 100-525, §3(1)(A), amended subsec. (l) generally, designating existing provisions as par. (1) and redesignating former pars. (1) and (2) as subpars. (A) and (B), respectively, inserting in par. (1) as so designated reference to consultation with the Governor of Guam, inserting in subpar. (B) as so redesignated reference to the welfare, safety, and security of the territories and commonwealths of the United States, and adding pars. (2) and (3).1984-Subsec. (a)(9). Pub. L. 98-473 amended last sentence generally. Prior to amendment, last sentence read as follows: "Any alien who would be excludable because of a conviction of a misdemeanor classifiable as a petty offense under the provisions of section 1(3) of title 18, by reason of the punishment actually imposed, or who would be excludable as one who admits the commission of an offense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18, by reason of the punishment which might have been imposed upon him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense;". Subsec. (l). Pub. L. 98-454 added subsec. (l). 1981-Subsec. (a)(17). Pub. L. 97-116, §4(1), inserted "and who seek admission within five years of the date of such deportation or removal," after "section 1252(b) of this title,".Subsec. (a)(32). Pub. L. 97-116, §§5(a)(1), 18, substituted "in the United States)" for "in the United States" and inserted provision that for purposes of this paragraph an alien who is a graduate of a medical school be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date.Subsec. (d)(6). Pub. L. 97-116, §4(2), struck out provision that the Attorney General make a detailed report to Congress in any case in which he exercises his authority under par. (3) of this subsection on behalf of any alien excludable under subsec. (a)(9), (10), and (28) of this section.Subsec. (h). Pub. L. 97-116, §4(3), substituted "paragraphs (9), (10), or (12) of subsection (a) of this section or paragraph (23) of such subsection as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana" for "paragraphs (9), (10), or (12) of subsection (a) of this section".Subsec. (j)(1). Pub. L. 97-116, §5(b)(1), inserted "as follows" after "training are". Subsec. (j)(1)(A). Pub. L. 97-116, §5(b)(3), (4), substituted "Secretary of Education" for "Commissioner of Education" and a period for the semicolon at the end.Subsec. (j)(1)(B). Pub. L. 97-116, §5(a)(2), (b) (3), (7)(A), (B), substituted "Secretary of Education" for "Commissioner of Education", "(ii)(I)" for "(ii)", and "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare"; inserted "(II)" before "has competency", "(III)" before "will be able to adapt", and "(IV)" before "has adequate prior education"; and inserted provision that for purposes of this subparagraph an alien who is a graduate of a medical school be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date.Subsec. (j)(1)(C). Pub. L. 97-116, §5(b)(2)-(4), struck out "(including any extension of the duration thereof under subparagraph (D))" after "to the United States" and substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare" and a period for "; and" at end.Subsec. (j)(1)(D). Pub. L. 97-116, §5(b)(5), substituted provision permitting aliens coming to the United States to study in medical residency training programs to remain until the typical completion date of the program, as determined by the Director of the International Communication Agency at the time of the alien's entry, based on criteria established in coordination with the Secretary of Health and Human Services, except that such duration be limited to seven years unless the alien demonstrates to the satisfaction of the Director that the country to which the alien will return after such specialty education has exceptional need for an individual trained in such specialty, and that the alien may change enrollment in programs once within two years after coming to the United States if approval of the Director is obtained and further commitments are obtained from the alien to assure that, upon completion of the program, the alien would return to his country for provision limiting the duration of the alien's participation in the program for which he is coming to the United States to not more than 2 years, with a possible one year extension.Subsec. (j)(1)(E). Pub. L. 97-116, §5(b)(6), added subpar. (E).Subsec. (j)(2)(A). Pub. L. 97-116, §5(b)(7)(C)-(F), substituted "and (B)(ii)(I)" for "and (B)" and "1983" for "1981"; inserted "(i) the Secretary of Health and Human Services determines, on a case-by-case basis, that" after "if"; and added cl. (ii). Subsec. (j)(2)(B). Pub. L. 97-116, §5(b)(7)(G), inserted provision directing Secretary of Health and Human Services, in coordination with Attorney General and Director of the International Communication Agency, to monitor the issuance of waivers under subpar. (A) and the needs of the communities, with respect to which such waivers are issued, to assure that quality medical care is provided and to review each program with such a waiver to assure that the plan described in subpar. (A)(ii) is being carried out and that the participants in such program are being provided appropriate supervision in their medical education and training.Subsec. (j)(2)(C). Pub. L. 97-116, §5(b)(7)(G), added subpar. (C).Subsec. (j)(3). Pub. L. 97-116, §5(b)(8), added par. (3).Subsec. (k). Pub. L. 97-116, §18(e)(2), added subsec. (k). 1980-Subsec. (a)(14), (32). Pub. L. 96-212, §203(d), substituted "1153(a)(7)" for "1153(a)(8)".Subsec. (d)(5). Pub. L. 96-212, §203(f), redesignated existing provisions as subpar. (A), inserted provision excepting subpar. (B), and added subpar. (B). Subsec. (j)(2)(A). Pub. L. 96-538 substituted "December 30, 1981" for "December 30, 1980".1979-Subsec. (d)(9), (10). Pub. L. 96-70 added pars. (9) and (10). 1978-Subsec. (a)(33). Pub. L. 95-549, §101, added par. (33).Subsec. (d)(3). Pub. L. 95-549, §102, inserted reference to par. (33) in parenthetical text. 1977-Subsec. (a)(32). Pub. L. 95-83, §307(q)(1), inserted "not accredited by a body or bodies approved for the purpose by the Commissioner of Education (regardless of whether such school of medicine is in the United States" after "graduates of a medical school" in first sentence and struck out second sentence exclusion of aliens provision with respect to application to special immigrants defined in section 1101(a)(27)(A) of this title (other than the parents, spouses, or children of the United States citizens or of aliens lawfully admitted for permanent residence). Subsec. (j)(1)(B). Pub. L. 95-83, §307(q)(2)(A), inserted cl. (i) and designated existing provisions as cl. (ii).Subsec. (j)(1)(C). Pub. L. 95-83, §307(q)(2)(B), substituted "that there is a need in that country for persons with the skills the alien will acquire in such education or training" for "that upon such completion and return, he will be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country".Subsec. (j)(1)(D). Pub. L. 95-83, §307(q)(2)(C), substituted "at the written request" for "at the request", struck out cl. "(i) such government provides a written assurance, satisfactory to the Secretary of Health, Education, and Welfare, that the alien will, at the end of such extension, be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country,", and redesignated as cls. (i) and (ii) former cls. (ii) and (iii). Subsec. (j)(2)(A). Pub. L. 95-83, §307(q)(2)(D), substituted "(A) and (B)" for "(A) through (D)".1976-Subsec. (a)(14). Pub. L. 94-571, §5, in revising par. (14), inserted in cl. (A) "(or equally qualified in the case of aliens who are members of the teaching profession or who have exceptional ability in the sciences or the arts)" and struck out "in the United States" after "sufficient workers" and "destined" before "to perform" and introductory provision of last sentence making exclusion of aliens under par. (14) applicable to special immigrants defined in former provision of section 1101(a)(27)(A) of this title (other than the parents, spouses, or children of United States citizens or of aliens lawfully admitted to the United States for permanent residence). Subsec. (a)(24). Pub. L. 94-571, §7(d), substituted in parenthetical text "section 1101(a)(27)(A) of this title and aliens born in the Western Hemisphere" for "section 1101(a)(27)(A) and (B) of this title". Subsec. (a)(32). Pub. L. 94-484, §601(a), added par. (32). Subsec. (e). Pub. L. 94-484, §601(c), substituted "(i) whose" for "whose (i)", and "residence, (ii)" for "residence, or (ii)", inserted "or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training," before "shall be eligible", and inserted ", except in the case of an alien described in clause (iii)," in second proviso.Subsec. (j). Pub. L. 94-484, §601(d), added subsec. (j).1970-Subsec. (e). Pub. L. 91-225 inserted cls. (i) and (ii) and reference to eligibility for nonimmigrant visa under section 1101(a)(15)(L) of this title, provided for waiver of requirement of two-year foreign residence abroad where 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 or where the foreign country of alien's nationality or last residence has furnished a written statement that it has no objection to such waiver for such alien, and struck out alternative provision for residence and physical presence in another foreign country and former first and final provisos which read as follows: "Provided, That such residence in another foreign country shall be considered to have satisfied the requirements of this subsection if the Secretary of State determines that it has served the purpose and the intent of the Mutual Educational and Cultural Exchange Act of 1961" and "And provided further, That the provisions of this subchapter shall apply also to those persons who acquired exchange visitor status under the United States Information and Educational Exchange Act of 1948, as amended."1965-Subsec. (a)(1). Pub. L. 89-236, §15(a), substituted "mentally retarded" for "feebleminded". Subsec. (a)(4). Pub. L. 89-236, §15(b), substituted "or sexual deviation" for "epilepsy".Subsec. (a)(14). Pub. L. 89-236, §10(a), inserted requirement that Secretary of Labor make an affirmative finding that any alien seeking to enter the United States as a worker, skilled or otherwise, will not replace a worker in the United States nor will the employment of the alien adversely affect the wages and working conditions of individuals in the United States similarly employed, and made the requirement applicable to special immigrants (other than the parents, spouses, and minor children of U.S. citizens or permanent resident aliens), preference immigrants described in sections 1153(a)(3) and 1153(a)(6) of this title, and nonpreference immigrants.Subsec. (a)(20). Pub. L. 89-236, §10(b), substituted "1181(a)" for "1181(e)".Subsec. (a)(21). Pub. L. 89-236, §10(c), struck out "quota" before "immigrant". Subsec. (a)(24). Pub. L. 89-236, §10(d), substituted "other than aliens described in section 1101(a)(27)(A) and (B)" for "other than those aliens who are nativeborn citizens of countries enumerated in section 1101(a)(27) of this title and aliens described in section 1101(a)(27)(B) of this title".Subsec. (g). Pub. L. 89-236, §15(c), redesignated subsec. (f) of sec. 212 of the Immigration and Nationality Act as subsec. (g) thereof, which for purposes of codification had already been designated as subsec. (g) of this section and granted the Attorney General authority to admit any alien who is the spouse, unmarried son or daughter, minor adopted child, or parent of a citizen or lawful permanent resident and who is mentally retarded or has a past history of mental illness under the same conditions as authorized in the case of such close relatives afflicted with tuberculosis.Subsecs. (h), (i). Pub. L. 89-236, §15(c), redesignated subsecs. (g) and (h) of sec. 212 of the Immigration and Nationality Act as subsecs. (h) and (i) respectively thereof, which for purposes of codification had already been designated as subsecs. (h) and (i) of this section.1961-Subsec. (a)(6). Pub. L. 87-301, §11, struck out references to tuberculosis and leprosy. Subsec. (a)(9). Pub. L. 87-301, §13, authorized admission of aliens who would be excluded because of conviction of a violation classifiable as an offense under section 1(3) of title 18, by reason of punishment actually imposed, or who admit commission of an offense classifiable as a misdemeanor under section 1(2) of title 18, by reason of punishment which might have been imposed, if otherwise admissible and provided the alien has committed, or admits to commission of, only one such offense.Subsecs. (e), (f). Pub. L. 87-256 added subsec. (e) and redesignated former subsec. (e) as (f).Subsecs. (g) to (i). Pub. L. 87-301, §§12, 14, 15, added subsecs. (f) to (h), which for purposes of codification have been designated as subsecs. (g) to (i).1960-Subsec. (a). Pub. L. 86-648 inserted "or marihuana" after "narcotic drugs" in cl. (23). 1959-Subsec. (d). Pub. L. 86-3 struck out provisions from cl. (7) which related to aliens who left Hawaii and to persons who were admitted to Hawaii under section 8(a)(1) of the act of March 24, 1934, or as nationals of the United States.1958-Subsec. (d)(7). Pub. L. 85-508 struck out provisions which related to aliens who left Alaska.1956-Subsec. (a)(23). Act July 18, 1956, included conspiracy to violate a narcotic law, and the illicit possession of narcotics, as additional grounds for exclusion.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMECommittee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 111-122, §3(c), Dec. 22, 2009, 123 Stat. 3481, provided that: "The amendments made by subsections (b), (c), and (d) of the Child Soldiers Accountability Act of 2008 ( Public Law 110-340) [probably means subsecs. (b) to (d) of section 2 of Public Law 110-340 amending this section and section 1227 of this title] shall apply to offenses committed before, on, or after the date of the enactment of the Child Soldiers Accountability Act of 2008 [Oct. 3, 2008]."Amendment by Pub. L. 110-229 effective on the transition program effective date described in section 1806 of Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110-229 set out as an Effective Date note under section 1806 of Title 48.
EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110-161, div. J, title VI, §691(f), Dec. 26, 2007, 121 Stat. 2366, provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this section [Dec. 26, 2007], and these amendments and sections 212(a)(3)(B) and 212(d)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B) ), as amended by these sections, shall apply to- "(1) removal proceedings instituted before, on, or after the date of enactment of this section; and"(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date."
EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109-13, div. B, title I, §103(d), May 11, 2005, 119 Stat. 308, provided that: "The amendments made by this section [amending this section] shall take effect on the date of the enactment of this division [May 11, 2005], and these amendments, and section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ), as amended by this section, shall apply to-"(1) removal proceedings instituted before, on, or after the date of the enactment of this division; and"(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date."
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-458, title V, §5501(c), Dec. 17, 2004, 118 Stat. 3740, provided that: "The amendments made by this section [amending this section and section 1227 of this title] shall apply to offenses committed before, on, or after the date of enactment of this Act [Dec. 17, 2004]." Pub. L. 108-447, div. J, title IV, §424(a)(2), Dec. 8, 2004, 118 Stat. 3355, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as if enacted on October 1, 2003." Pub. L. 108-447, div. J, title IV, §430, Dec. 8, 2004, 118 Stat. 3361, provided that:"(a) IN GENERAL.-Except as provided in subsection (b), this subtitle [subtitle B (§§421-430) of title IV of div. J of Pub. L. 108-447 enacting section 1381 of this title, amending this section, sections 1184, and 1356 of this title, section 2916a of Title 29, Labor, and section 1869c of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1101 and 1184 of this title] and the amendments made by this subtitle shall take effect 90 days after the date of enactment of this Act [Dec. 8, 2004]."(b) EXCEPTIONS.-The amendments made by sections 422(b), 426(a), and 427 [amending sections 1184 and 1356 of this title] shall take effect upon the date of enactment of this Act [Dec. 8, 2004]."
EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTAmendment by Pub. L. 108-77 effective on the date the United States-Chile Free Trade Agreement enters into force (Jan. 1, 2004), and ceases to be effective on the date the Agreement ceases to be in force, see section 107 of Pub. L. 108-77 set out in a note under section 3805 of Title 19, Customs Duties.
EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-273, div. C, title I, §11018(d), Nov. 2, 2002, 116 Stat. 1825, provided that: "The amendments made by this section [amending this section, section 1184 of this title, and provisions set out as a note under this section] shall take effect as if this Act [see Tables for classification] were enacted on May 31, 2002." Pub. L. 107-150, §2(b), Mar. 13, 2002, 116 Stat. 75, provided that: "The amendments made by subsection (a) [amending this section and section 1183a of this title] shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act [Mar. 13, 2002], except that, in the case of a death occurring before such date, such amendments shall apply only if-"(1) the sponsored alien-"(A) requests the Attorney General to reinstate the classification petition that was filed with respect to the alien by the deceased and approved under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) before such death; and"(B) demonstrates that he or she is able to satisfy the requirement of section 212(a)(4)(C)(ii) of such Act ( 8 U.S.C. 1182(a)(4)(C)(ii) ) by reason of such amendments; and"(2) the Attorney General reinstates such petition after making the determination described in section 213A(f)(5)(B)(ii) of such Act [ 8 U.S.C. 1183a(f)(5)(B)(ii) ] (as amended by subsection (a)(1) of this Act)."
EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-56, title IV, §411(c), Oct. 26, 2001, 115 Stat. 348, provided that:"(1) IN GENERAL.-Except as otherwise provided in this subsection, the amendments made by this section [amending this section and sections 1158, 1189, and 1227 of this title] shall take effect on the date of the enactment of this Act [Oct. 26, 2001] and shall apply to- "(A) actions taken by an alien before, on, or after such date; and"(B) all aliens, without regard to the date of entry or attempted entry into the United States-"(i) in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date); or "(ii) seeking admission to the United States on or after such date."(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION PROCEEDINGS.-Notwithstanding any other provision of law, sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality Act, as amended by this Act [ 8 U.S.C. 1182(a)(3)(B), 1227(a)(4)(B) ], shall apply to all aliens in exclusion or deportation proceedings on or after the date of the enactment of this Act [Oct. 26, 2001] (except for proceedings in which there has been a final administrative decision before such date) as if such proceedings were removal proceedings."(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND ORGANIZATIONS DESIGNATED UNDER SECTION 212(a)(3)(B)(vi)(II).-"(A) IN GENERAL.-Notwithstanding paragraphs (1) and (2), no alien shall be considered inadmissible under section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ), or deportable under section 237(a)(4)(B) of such Act ( 8 U.S.C. 1227(a)(4)(B) ), by reason of the amendments made by subsection (a) [amending this section], on the ground that the alien engaged in a terrorist activity described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a group at any time when the group was not a terrorist organization designated by the Secretary of State under section 219 of such Act ( 8 U.S.C. 1189 ) or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended)."(B) STATUTORY CONSTRUCTION.-Subparagraph (A) shall not be construed to prevent an alien from being considered inadmissible or deportable for having engaged in a terrorist activity-"(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization at any time when such organization was designated by the Secretary of State under section 219 of such Act or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended); or "(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization described in section 212(a)(3)(B)(vi)(III) of such Act (as so amended)."(4) EXCEPTION.-The Secretary of State, in consultation with the Attorney General, may determine that the amendments made by this section shall not apply with respect to actions by an alien taken outside the United States before the date of the enactment of this Act [Oct. 26, 2001] upon the recommendation of a consular officer who has concluded that there is not reasonable ground to believe that the alien knew or reasonably should have known that the actions would further a terrorist activity."[Another section 411(c) of Pub. L. 107-56 amended section 1189 of this title.]
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-395, title II, §201(b)(3), Oct. 30, 2000, 114 Stat. 1634, provided that: "The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) [amending this section] shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.] on or after September 30, 1996."
EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-95, §2(e), Nov. 12, 1999, 113 Stat. 1317, as amended by Pub. L. 109-423, §2(2), Dec. 20, 2006, 120 Stat. 2900, provided that: "The amendments made by this section [amending this section and section 1101 of this title] shall apply to classification petitions filed for nonimmigrant status only during the period-"(1) beginning on the date that interim or final regulations are first promulgated under subsection (d) [set out as a note below]; and"(2) ending on the date that is 3 years after the date of the enactment of the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 [Dec. 20, 2006]."[ Pub. L. 109-423, §3, Dec. 20, 2006, 120 Stat. 2900, provided that: "The requirements of chapter 5 of title 5, United States Code (commonly referred to as the 'Administrative Procedure Act') or any other law relating to rulemaking, information collection or publication in the Federal Register, shall not apply to any action to implement the amendments made by section 2 [amending provisions set out as a note above] to the extent the Secretary Homeland of Security [sic], the Secretary of Labor, or the Secretary of Health and Human Services determines that compliance with any such requirement would impede the expeditious implementation of such amendments."] Pub. L. 106-95, §4(b), Nov. 12, 1999, 113 Stat. 1318, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 12, 1999], without regard to whether or not final regulations to carry out such amendments have been promulgated by such date."
EFFECTIVE AND TERMINATION DATES OF 1998 AMENDMENT Pub. L. 105-292, title VI, §604(b), Oct. 27, 1998, 112 Stat. 2814, provided that: "The amendment made by subsection (a) [amending this section] shall apply to aliens seeking to enter the United States on or after the date of the enactment of this Act [Oct. 27, 1998]." Pub. L. 105-277, div. C, title IV, §412(d), Oct. 21, 1998, 112 Stat. 2681-645, provided that: "The amendments made by subsection (a) [amending this section] apply to applications filed under section 212(n)(1) of the Immigration and Nationality Act [subsec. (n)(1) of this section] on or after the date final regulations are issued to carry out such amendments, and the amendments made by subsections (b) and (c) [amending this section] take effect on the date of the enactment of this Act [Oct. 21, 1998]." [Interim final regulations implementing these amendments were promulgated on Dec. 19, 2000, published Dec. 20, 2000, 65 F.R. 80110, and effective, except as otherwise provided, Jan. 19, 2001.] Pub. L. 105-277, div. C, title IV, §413(e)(2), Oct. 21, 1998, 112 Stat. 2681-651, as amended by Pub. L. 106-313, title I, §107(b), Oct. 17, 2000, 114 Stat. 1255, provided that: "The amendment made by paragraph (1) [amending this section] shall cease to be effective on September 30, 2003." Pub. L. 105-277, div. C, title IV, §415(b), Oct. 21, 1998, 112 Stat. 2681-655, provided that: "The amendment made by subsection (a) [amending this section] applies to prevailing wage computations made- "(1) for applications filed on or after the date of the enactment of this Act [Oct. 21, 1998]; and"(2) for applications filed before such date, but only to the extent that the computation is subject to an administrative or judicial determination that is not final as of such date." Pub. L. 105-277, div. C, title IV, §431(b), Oct. 21, 1998, 112 Stat. 2681-658, provided that: "The amendment made by subsection (a) [amending this section] shall apply to activities occurring on or after the date of the enactment of this Act [Oct. 21, 1998]." Pub. L. 105-277, div. G, subdiv. B, title XXII, §2226(b), Oct. 21, 1998, 112 Stat. 2681-821, provided that: "The amendment made by subsection (a) [amending this section] shall apply to aliens seeking admission to the United States on or after the date of enactment of this Act [Oct. 21, 1998]."
EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-208, div. C, title III, §301(b)(3), Sept. 30, 1996, 110 Stat. 3009-578, provided that: "In applying section 212(a)(9)(B) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(9)(B) ], as inserted by paragraph (1), no period before the title III-A effective date [see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title] shall be included in a period of unlawful presence in the United States." Pub. L. 104-208, div. C, title III, §301(c)(2), Sept. 30, 1996, 110 Stat. 3009-579, provided that: "The requirements of subclauses (II) and (III) of section 212(a)(6)(A)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(6)(A)(ii)(II), (III) ], as inserted by paragraph (1), shall not apply to an alien who demonstrates that the alien first arrived in the United States before the title III-A effective date (described in section 309(a) of this division [set out as a note under section 1101 of this title])." Pub. L. 104-208, div. C, title III, §306(d), Sept. 30, 1996, 110 Stat. 3009-612, provided that the amendment made by section 306(d) is effective as if included in the enactment of Pub. L. 104-132.Amendment by sections 301(b)(1), (c)(1), 304(b), 305(c), 306(d), and 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6), (f)(1)(C)-(F), (3)(A), (g)(1), (4)(B), (10)(A), (H) of div. C of Pub. L. 104-208 effective on the first day of the first month beginning more than 180 days after Sept. 30, 1996, with certain transitional provisions, including authority for Attorney General to waive application of subsec. (a)(9) of this section in case of an alien provided benefits under section 301 of Pub. L. 101-649 set out as a note under section 1255a of this title, and including provision that no period of time before Sept. 30, 1996, be included in the period of 1 year described in subsec. (a)(6)(B)(i) of this section, see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title.Amendment by section 322(a) of Pub. L. 104-208 applicable to convictions and sentences entered before, on, or after Sept. 30, 1996, see section 322(c) of Pub. L. 104-208 set out as a note under section 1101 of this title. Pub. L. 104-208, div. C, title III, §341(c), Sept. 30, 1996, 110 Stat. 3009-636, provided that: "The amendments made by this section [amending this section] shall apply with respect to applications for immigrant visas or for adjustment of status filed after September 30, 1996." Pub. L. 104-208, div. C, title III, §342(b), Sept. 30, 1996, 110 Stat. 3009-636, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 30, 1996] and shall apply to incitement regardless of when it occurs." Pub. L. 104-208, div. C, title III, §344(c), Sept. 30, 1996, 110 Stat. 3009-637, provided that: "The amendments made by this section [amending this section and section 1251 [now 1227] of this title] shall apply to representations made on or after the date of the enactment of this Act [Sept. 30, 1996]." Pub. L. 104-208, div. C, title III, §346(b), Sept. 30, 1996, 110 Stat. 3009-638, provided that: "The amendment made by subsection (a) [amending this section] shall apply to aliens who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(F) ] after the end of the 60-day period beginning on the date of the enactment of this Act [Sept. 30, 1996], including aliens whose status as such a nonimmigrant is extended after the end of such period." Pub. L. 104-208, div. C, title III, §347(c), Sept. 30, 1996, 110 Stat. 3009-639, provided that: "The amendments made by this section [amending this section and section 1251 of this title] shall apply to voting occurring before, on, or after the date of the enactment of this Act [Sept. 30, 1996]." Pub. L. 104-208, div. C, title III, §348(b), Sept. 30, 1996, 110 Stat. 3009-639 provided that: "The amendment made by subsection (a) [amending this section] shall be effective on the date of the enactment of this Act [Sept. 30, 1996] and shall apply in the case of any alien who is in exclusion or deportation proceedings as of such date unless a final administrative order in such proceedings has been entered as of such date." Pub. L. 104-208, div. C, title III, §351(c), Sept. 30, 1996, 110 Stat. 3009-640, provided that: "The amendments made by this section [amending this section and section 1251 of this title] shall apply to applications for waivers filed before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but shall not apply to such an application for which a final determination has been made as of the date of the enactment of this Act." Pub. L. 104-208, div. C, title III, §352(b), Sept. 30, 1996, 110 Stat. 3009-641, provided that: "The amendment made by subsection (a) [amending this section] shall apply to individuals who renounce United States citizenship on and after the date of the enactment of this Act [Sept. 30, 1996]." Pub. L. 104-208, div. C, title III, §358, Sept. 30, 1996, 110 Stat. 3009-644, provided that: "The amendments made by this subtitle [subtitle D (§§354-358) of title III of div. C of Pub. L. 104-208 amending this section and sections 1189, 1531, 1532, 1534, and 1535 of this title] shall be effective as if included in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996 ( Public Law 104-132)." Pub. L. 104-208, div. C, title V, §531(b), Sept. 30, 1996, 110 Stat. 3009-675, provided that: "The amendment made by subsection (a) [amending this section] shall apply to applications submitted on or after such date, not earlier than 30 days and not later than 60 days after the date the Attorney General promulgates under section 551(c)(2) of this division [set out as a note under section 1183a of this title] a standard form for an affidavit of support, as the Attorney General shall specify, but subparagraphs (C) and (D) of section 212(a)(4) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(4)(C), (D) ], as so amended, shall not apply to applications with respect to which an official interview with an immigration officer was conducted before such effective date."
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT Pub. L. 103-416, title II, §203(c), Oct. 25, 1994, 108 Stat. 4311, provided that: "The amendments made by this section [amending this section and section 1251 of this title] shall apply to convictions occurring before, on, or after the date of the enactment of this Act [Oct. 25, 1994]."Amendment by section 219(e) of Pub. L. 103-416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 219(dd) of Pub. L. 103-416 set out as an Effective Date of 1994 Amendment note under section 1101 of this title. Pub. L. 103-416, title II, §219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(1), (5) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102-232. Pub. L. 103-416, title II, §220(c), Oct. 25, 1994, 108 Stat. 4320, as amended by Pub. L. 104-208, div. C, title VI, §622(a), Sept. 30, 1996, 110 Stat. 3009-695; Pub. L. 107-273, div. C, title I, §11018(b), Nov. 2, 2002, 116 Stat. 1825; Pub. L. 108-441, §1(a)(1), Dec. 3, 2004, 118 Stat. 2630; Pub. L. 109-477, §2, Jan. 12, 2007, 120 Stat. 3572; Pub. L. 110-362, §1, Oct. 8, 2008, 122 Stat. 4013; Pub. L. 111-9, §2, Mar. 20, 2009, 123 Stat. 989; Pub. L. 111-83, title V, §568(b), Oct. 28, 2009, 123 Stat. 2186; Pub. L. 112-176, §4, Sept. 28, 2012, 126 Stat. 1325, provided that: "The amendments made by this section [amending this section and section 1184 of this title] shall apply to aliens admitted to the United States under section 101(a)(15)(J) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(J) ], or acquiring such status after admission to the United States, before, on, or after the date of enactment of this Act [Oct. 25, 1994] and before September 30, 2015."[ Pub. L. 118-47, div. G, title I, §102, Mar. 23, 2024, 138 Stat. 856, provided that: "Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2024' for 'September 30, 2015'."][ Pub. L. 117-328, div. O, title III, §304, Dec. 29, 2022, 136 Stat. 5228, provided that: "Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2023' for 'September 30, 2015'." [ Pub. L. 117-103, div. O, title II, §203, Mar. 15, 2022, 136 Stat. 788, provided that: "Subclauses [sic; probably should be "Section"] 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2022' for 'September 30, 2015'."][ Pub. L. 116-260, div. O, title I, §103, Dec. 27, 2020, 134 Stat. 2148, provided that: "Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2021' for 'September 30, 2015'."] [ Pub. L. 116-94, div. I, title I, §103, Dec. 20, 2019, 133 Stat. 3019, provided that: "Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2020' for 'September 30, 2015'."][ Pub. L. 116-6, div. H, title I, §103, Feb. 15, 2019, 133 Stat. 475, provided that: "Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2019' for 'September 30, 2015'."][ Pub. L. 115-141, div. M, title II, §203, Mar. 23, 2018, 132 Stat. 1049, provided that: "Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2018' for 'September 30, 2015'."][ Pub. L. 115-31, div. F, title V, §541, May 5, 2017, 131 Stat. 432, provided that: "Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2017' for 'September 30, 2015'."] [ Pub. L. 114-113, div. F, title V, §574, Dec. 18, 2015, 129 Stat. 2526, provided that: "Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103-416] ( 8 U.S.C. 1182 note) [set out above] shall be applied by substituting 'September 30, 2016' for the date specified in section 106(3) of the Continuing Appropriations Act, 2016 ( Public Law 114-53) [Dec. 11, 2015, which had been substituted as applied by Pub. L. 114-53, div. B, §133, Sept. 30, 2015, 129 Stat. 509]."][ Pub. L. 109-477, §3, Jan. 12, 2007, 120 Stat. 3572, provided that: "The amendment made by section 2 [amending section 220(c) of Pub. L. 103-416 set out above] shall take effect as if enacted on May 31, 2006."][ Pub. L. 108-441, §1(a)(2), Dec. 3, 2004, 118 Stat. 2630, provided that: "The amendment made by paragraph (1) [amending section 220(c) of Pub. L. 103-416 set out above] shall take effect as if enacted on May 31, 2004."] Pub. L. 103-317, title V, §506(c), Aug. 26, 1994, 108 Stat. 1766, as amended by Pub. L. 105-46, §123, Sept. 30, 1997, 111 Stat. 1158; Pub. L. 105-119, title I, §111(b), Nov. 26, 1997, 111 Stat. 2458, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1994, and shall cease to have effect on October 1, 1997. The amendment made by subsection (b) [amending section 1255 of this title] shall take effect on October 1, 1994." Pub. L. 105-46, §123, Sept. 30, 1997, 111 Stat. 1158, which directed the amendment of section 506(c) of Pub. L. 103-317 set out above, by striking "September 30, 1997" and inserting "October 23, 1997" was probably intended by Congress to extend the termination date "October 1, 1997" to "October 23, 1997". For further temporary extensions of the October 23, 1997 termination date, see list of continuing appropriations acts contained in a Continuing Appropriations for Fiscal Year 1998 note set out under section 635f of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103-43, title XX, §2007(b), June 10, 1993, 107 Stat. 210, provided that: "The amendment made by subsection (a) [amending this section] shall take effect 30 days after the date of the enactment of this Act [June 10, 1993]."
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by sections 302(e)(6), 303(a)(5)(B), (6), (7)(B), 306(a)(10), (12), 307(a)-(g) of Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 310(1) of Pub. L. 102-232 set out as a note under section 1101 of this title. Pub. L. 102-232, title III, §302(e)(9), Dec. 12, 1991, 105 Stat. 1746, provided that the amendment made by section 302(e)(9) is effective as if included in the Immigration Nursing Relief Act of 1989, Pub. L. 101-238.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 162(e)(1) of Pub. L. 101-649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, with general transition provisions and admissibility standards, see section 161(a), (c), (d) of Pub. L. 101-649 set out as a note under section 1101 of this title. Amendment by section 162(f)(2)(B) of Pub. L. 101-649 applicable as though included in the enactment of Pub. L. 101-238 see section 162(f)(3) of Pub. L. 101-649 set out as a note under section 1101 of this title. Pub. L. 101-649, title II, §202(c), Nov. 29, 1990, 104 Stat. 5014, provided that: "The amendments made by this section [amending this section and section 1184 of this title] shall take effect 60 days after the date of the enactment of this Act [Nov. 29, 1990]."Amendment by section 205(c)(3) of Pub. L. 101-649 effective Oct. 1, 1991, see section 231 of Pub. L. 101-649 set out as a note under section 1101 of this title. Pub. L. 101-649, title V, §511(b), Nov. 29, 1990, 104 Stat. 5052, provided that: "The amendment made by subsection (a) [amending this section] shall apply to admissions occurring after the date of the enactment of this Act [Nov. 29, 1990]." Pub. L. 101-649, title V, §514(b), Nov. 29, 1990, 104 Stat. 5053, provided that: "The amendment made by subsection (a) [amending this section] shall apply to admissions occurring on or after January 1, 1991."Amendment by section 601(a), (b), and (d) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101-238, §3(d), Dec. 18, 1989, 103 Stat. 2103, provided that: "The amendments made by the previous provisions of this section [amending this section and section 1101 of this title] shall apply to classification petitions filed for nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning after the date of the enactment of this Act [Dec. 18, 1989]."
EFFECTIVE DATE OF 1988 AMENDMENTS Pub. L. 100-690, title VII, §7349(b), Nov. 18, 1988, 102 Stat. 4473, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any alien convicted of an aggravated felony who seeks admission to the United States on or after the date of the enactment of this Act [Nov. 18, 1988]."Pub. L. 100-525, §3, Oct. 24, 1988, 102 Stat. 2614, provided that the amendment made by that section is effective as if included in the enactment of Pub. L. 99-396.Pub. L. 100-525, §7(d), Oct. 24, 1988, 102 Stat. 2617, provided that: "The amendments made by this section [amending this section, sections 1186a and 1255 of this title, and provisions set out as a note below] shall be effective as if they were included in the enactment of the Immigration Marriage Fraud Amendments of 1986 [ Pub. L. 99-639]."Amendment by section 8(f) of Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232 set out as an Effective and Termination Dates of 1988 Amendment note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99-653 set out as a note under section 1101 of this title. Pub. L. 99-639, §6(c), formerly §6(b), Nov. 10, 1986, 100 Stat. 3544, as redesignated and amended by Pub. L. 100-525, §7(c)(2), Oct. 24, 1988, 102 Stat. 2616, provided that: "The amendment made by this section [amending this section] shall apply to the receipt of visas by, and the admission of, aliens occurring after the date of the enactment of this Act [Nov. 10, 1986] based on fraud or misrepresentations occurring before, on, or after such date." Pub. L. 99-570, title I, §1751(c), Oct. 27, 1986, 100 Stat. 3207-47, provided that: "The amendments made by the [sic] subsections (a) and (b) of this section [amending this section and section 1251 of this title] shall apply to convictions occurring before, on, or after the date of the enactment of this section [Oct. 27, 1986], and the amendments made by subsection (a) [amending this section] shall apply to aliens entering the United States after the date of the enactment of this section."
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97-116, §5(c), Dec. 29, 1981, 95 Stat. 1614, provided that: "The amendments made by paragraphs (2), (5), and (6) of subsection (b) [striking out "including any extension of the duration thereof under subparagraph (D)" in subsec. (j)(1)(C) of this section, amending subsec. (j)(1)(D) of this section, and enacting subsec. (j)(1)(E) of this section] shall apply to aliens entering the United States as exchange visitors (or otherwise acquiring exchange visitor status) on or after January 10, 1978."Amendment by Pub. L. 97-116 effective Dec. 29, 1981, except as provided by section 5(c) of Pub. L. 97-116 see section 21(a) of Pub. L. 97-116 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 203(d) of Pub. L. 96-212 effective, except as otherwise provided, Apr. 1, 1980, and amendment by section 203(f) of Pub. L. 96-212 applicable, except as otherwise provided, to aliens paroled into the United States on or after the sixtieth day after Mar. 17, 1980, see section 204 of Pub. L. 96-212 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-70 effective Sept. 27, 1979, see section 3201(d)(1) of Pub. L. 96-70 set out as a note under section 1101 of this title.Pub. L. 96-70, title III, §3201(d)(2), Sept. 27, 1979, 93 Stat. 497, provided that: "Paragraph (9) of section 212(d) of the Immigration and Nationality Act [subsec. (d)(9) of this section], as added by subsection (b) of this section, shall cease to be effective at the end of the transition period [midnight Mar. 31, 1982, see section 2101 of Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to section 3831 of Title 22, Foreign Relations and Intercourse]."
EFFECTIVE DATE OF 1976 AMENDMENTS Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571 set out as a note under section 1101 of this title. Amendment by section 601(d) of Pub. L. 94-484 applicable only on and after Jan. 10, 1978, notwithstanding section 601(f) of Pub. L. 94-484 see section 602(d) of Pub. L. 94-484 as added by section 307(q)(3) of Pub. L. 95-83 set out as an Effective Date of 1977 Amendment note under section 1101 of this title.Pub. L. 94-484, title VI, §601(f), Oct. 12, 1976, 90 Stat. 2303, provided that: "The amendments made by this section [amending this section and section 1101 of this title] shall take effect ninety days after the date of enactment of this section [Oct. 12, 1976]."
EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236 see section 20 of Pub. L. 89-236 set out as a note under section 1151 of this title.
EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 18, 1956, effective July 19, 1956, see section 401 of act July 18, 1956.
CONSTRUCTION OF 1990 AMENDMENT Pub. L. 102-232, title III, §302(e)(6), Dec. 12, 1991, 105 Stat. 1746, provided that: "Paragraph (1) of section 162(e) of the Immigration Act of 1990 [ Pub. L. 101-649 amending this section] is repealed, and the provisions of law amended by such paragraph are restored as though such paragraph had not been enacted."
REGULATIONS Pub. L. 106-95, §2(d), Nov. 12, 1999, 113 Stat. 1316, provided that: "Not later than 90 days after the date of the enactment of this Act [Nov. 12, 1999], the Secretary of Labor (in consultation, to the extent required, with the Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final regulations to carry out section 212(m) of the Immigration and Nationality Act [ 8 U.S.C. 1182(m) ] (as amended by subsection (b))." [Interim final regulations implementing subsec. (m) of this section were promulgated Aug. 21, 2000, published Aug. 22, 2000, 65 F.R. 51138, and effective Sept. 21, 2000.] Pub. L. 105-277, div. C, title IV, §412(e), Oct. 21, 1998, 112 Stat. 2681-645, provided that: "In first promulgating regulations to implement the amendments made by this section [amending this section] in a timely manner, the Secretary of Labor and the Attorney General may reduce to not less than 30 days the period of public comment on proposed regulations." Pub. L. 104-208, div. C, title I, §124(b)(2), Sept. 30, 1996, 110 Stat. 3009-562, provided that: "The Attorney General shall first issue, in proposed form, regulations referred to in the second sentence of section 212(f) of the Immigration and Nationality Act [ 8 U.S.C. 1182(f) ], as added by the amendment made by paragraph (1), not later than 90 days after the date of the enactment of this Act [Sept. 30, 1996]."
TRANSFER OF FUNCTIONSUnited States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
PAROLE IN PLACE FOR MEMBERS OF THE ARMED FORCES AND CERTAIN MILITARY DEPENDENTS Pub. L. 116-92, div. A, title XVII, §17581758,, 133 Stat. 1860, provided that: "(a) IN GENERAL.-In evaluating a request from a covered individual for parole in place under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), the Secretary of Homeland Security shall consider, on a case-by-case basis, whether granting the request would enable military family unity that would constitute a significant public benefit. "(b) SENSE OF CONGRESS.-It is the sense of Congress that- "(1) parole in place reinforces the objective of military family unity;"(2) except as required in furtherance of the missions of the Armed Forces, disruption to military family unity should be minimized in order to enhance military readiness and allow members of the Armed Forces to focus on the faithful execution of their military missions and objectives, with peace of mind regarding the well-being of their family members; and "(3) the importance of the parole in place authority of the Secretary of Homeland Security is reaffirmed."(c) COVERED INDIVIDUAL DEFINED.-In this section, the term 'covered individual' means an alien who-"(1) is a member of the Armed Forces; "(2) is the spouse, son, or daughter of a member of the Armed Forces;"(3) is the parent of a member of the Armed Forces who supports the request of such parent for parole in place; or "(4) is the widow, widower, parent, son, or daughter of a deceased member of the Armed Forces."
RECIPROCAL ACCESS TO TIBET Pub. L. 115-330, 132 Stat. 4479, provided that:
"SECTION 1. SHORT TITLE."This Act may be cited as the 'Reciprocal Access to Tibet Act of 2018'.
"SEC. 2. FINDINGS."Congress finds the following:"(1) The Government of the People's Republic of China does not grant United States diplomats and other officials, journalists, and other citizens access to China on a basis that is reciprocal to the access that the Government of the United States grants Chinese diplomats and other officials, journalists, and citizens."(2) The Government of China imposes greater restrictions on travel to Tibetan areas than to other areas of China."(3) Officials of China have stated that Tibet is open to foreign visitors."(4) The Government of China is promoting tourism in Tibetan areas, and at the Sixth Tibet Work Forum in August 2015, Premier Li Keqiang called for Tibet to build 'major world tourism destinations'."(5) The Government of China requires foreigners to obtain permission from the Tibet Foreign and Overseas Affairs Office or from the Tibet Tourism Bureau to enter the Tibet Autonomous Region, a restriction that is not imposed on travel to any other provincial-level jurisdiction in China."(6) The Department of State reports that-"(A) officials of the Government of the United States submitted 39 requests for diplomatic access to the Tibet Autonomous Region between May 2011 and July 2015, but only four were granted; and "(B) when such requests are granted, diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities."(7) The Government of China delayed United States consular access for more than 48 hours after an October 28, 2013, bus crash in the Tibet Autonomous Region, in which three citizens of the United States died and more than a dozen others, all from Walnut, California, were injured, undermining the ability of the Government of the United States to provide consular services to the victims and their families, and failing to meet China's obligations under the Convention on Consular Relations, done at Vienna April 24, 1963 (21 UST 77)."(8) Following a 2015 earthquake that trapped dozens of citizens of the United States in the Tibet Autonomous Region, the United States Consulate General in Chengdu faced significant challenges in providing emergency consular assistance due to a lack of consular access."(9) The Country Reports on Human Rights Practices for 2015 of the Department of State stated 'With the exception of a few highly controlled trips, the Chinese government also denied multiple requests by foreign diplomats for permission to visit the TAR.'. "(10) Tibetan-Americans, attempting to visit their homeland, report having to undergo a discriminatory visa application process, different from what is typically required, at the Chinese embassy and consulates in the United States, and often find their requests to travel denied."(11) The Country Reports on Human Rights Practices for 2016 of the Department of State stated 'The few visits to the TAR by diplomats and journalists that were allowed were tightly controlled by local authorities.'."(12) A September 2016 article in the Washington Post reported that 'The Tibet Autonomous Region . . . is harder to visit as a journalist than North Korea.'."(13) The Government of China has failed to respond positively to requests from the Government of the United States to open a consulate in Lhasa, Tibet Autonomous Region."(14) The Foreign Correspondents Club of China reports that-"(A) 2008 rules prevent foreign reporters from visiting the Tibet Autonomous Region without prior permission from the Government of such Region; "(B) such permission has only rarely been granted; and "(C) although the 2008 rules allow journalists to travel freely in other parts of China, Tibetan areas outside such Region remain 'effectively off-limits to foreign reporters'."(15) The Department of State reports that in addition to having to obtain permission to enter the Tibet Autonomous Region, foreign tourists-"(A) must be accompanied at all times by a government-designated tour guide; "(B) are rarely granted permission to enter the region by road;"(C) are largely barred from visiting around the March anniversary of a 1959 Tibetan uprising; and"(D) are banned from visiting the area where Larung Gar, the world's largest center for the study of Tibetan Buddhism, and the site of a large-scale campaign to expel students and demolish living quarters, is located."(16) Foreign visitors also face restrictions in their ability to travel freely in Tibetan areas outside the Tibet Autonomous Region."(17) The Government of the United States generally allows journalists and other citizens of China to travel freely within the United States. The Government of the United States requires diplomats from China to notify the Department of State of their travel plans, and in certain situations, the Government of the United States requires such diplomats to obtain approval from the Department of State before travel. However, where approval is required, it is almost always granted expeditiously."(18) The United States regularly grants visas to Chinese diplomats and other officials, scholars, and others who travel to the United States to discuss, promote, and display the perspective of the Government of China on the situation in Tibetan areas, even as the Government of China restricts the ability of citizens of the United States to travel to Tibetan areas to gain their own perspective."(19) Chinese diplomats based in the United States generally avail themselves of the freedom to travel to United States cities and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements of concern on Tibet."(20) The Government of China characterizes statements made by officials of the United States about the situation in Tibetan areas as inappropriate interference in the internal affairs of China.
"SEC. 3. DEFINITIONS."In this Act: "(1) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term 'appropriate congressional committees' means-"(A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and"(B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. "(2) TIBETAN AREAS.-The term 'Tibetan areas' includes- "(A) the Tibet Autonomous Region; and"(B) the areas that the Chinese Government designates as Tibetan Autonomous, as follows:"(i) Kanlho (Gannan) Tibetan Autonomous Prefecture, and Pari (Tianzhu) Tibetan Autonomous County located in Gansu Province."(ii) Golog (Guoluo) Tibetan Autonomous Prefecture, Malho (Huangnan) Tibetan Autonomous Prefecture, Tsojang (Haibei) Tibetan Autonomous Prefecture, Tsolho (Hainan) Tibetan Autonomous Prefecture, Tsonub (Haixi) Mongolian and Tibetan Autonomous Prefecture, and Yulshul (Yushu) Tibetan Autonomous Prefecture, located in Qinghai Province. "(iii) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Autonomous Prefecture, and Muli (Mili) Tibetan Autonomous County, located in Sichuan Province. "(iv) Dechen (Diqing) Tibetan Autonomous Prefecture, located in Yunnan Province.
"SEC. 4. ANNUAL REPORT ON ACCESS TO TIBETAN AREAS. "(a) IN GENERAL.-Not later than 90 days after the date of the enactment of this Act [Dec. 19, 2018], and annually thereafter for the following five years, the Secretary of State shall submit to the appropriate congressional committees, and make available to the public on the website of the Department of State, a report that includes an assessment of the level of access Chinese authorities granted diplomats and other officials, journalists, and tourists from the United States to Tibetan areas, including- "(1) a comparison with the level of access granted to other areas of China;"(2) a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces;"(3) a comparison of the level of access in the reporting year and the previous reporting year; and"(4) a description of the required permits and other measures that impede the freedom to travel in Tibetan areas."(b) CONSOLIDATION.-After the issuance of the first report required by subsection (a), the Secretary of State is authorized to incorporate subsequent reports required by subsection (a) into other publicly available, annual reports produced by the Department of State, provided they are submitted to the appropriate congressional committees in a manner specifying that they are being submitted in fulfillment of the requirements of this Act.
"SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS. "(a) INELIGIBILITY FOR VISAS.-No individual whom the Secretary of State has determined to be substantially involved in the formulation or execution of policies related to access for foreigners to Tibetan areas may be eligible to receive a visa to enter the United States or be admitted to the United States if the Secretary of State determines that- "(1)(A) the requirement for specific official permission for foreigners to enter the Tibetan Autonomous Region remains in effect; or"(B) such requirement has been replaced by a regulation that has a similar effect and requires foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other provinces in China; and"(2) restrictions on travel by diplomats and other officials, journalists, and citizens of the United States to areas designated as 'Tibetan Autonomous' in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of China are greater than any restrictions on travel by such officials and citizens to areas in such provinces that are not so designated. "(b) CURRENT VISAS REVOKED.-The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation to enter or be present in the United States issued for an alien who would be ineligible to receive such a visa or documentation under subsection (a). "(c) REPORT TO CONGRESS.-Not later than one year after the date of the enactment of this Act [Dec. 19, 2018], and annually thereafter for the following five years, the Secretary of State shall provide to the appropriate congressional committees a report identifying the individuals who have had visas denied or revoked pursuant to this section during the preceding year and, to the extent practicable, a list of Chinese officials who were substantially involved in the formulation or execution of policies to restrict access of United States diplomats and other officials, journalists, and citizens of the United States to Tibetan areas. The report required by this subsection shall be submitted in unclassified form, but may include a classified annex. "(d) WAIVER FOR NATIONAL INTEREST.-"(1) IN GENERAL.-The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver-"(A) is necessary to permit the United States to comply with the Agreement Regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947 (TIAS 1676), or any other applicable international obligation of the United States; or"(B) is in the national interest of the United States."(2) NOTIFICATION.-Upon granting a waiver under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver, including, if such waiver is granted pursuant to paragraph (1)(B), how such waiver relates to the national interest of the United States.
"SEC. 6. SENSE OF CONGRESS."It is the sense of Congress that the Secretary of State, when granting diplomats and other officials from China access to parts of the United States, including consular access, should take into account the extent to which the Government of China grants diplomats and other officials from the United States access to parts of China, including the level of access afforded to such diplomats and other officials to Tibetan areas."
TREATMENT OF RWANDAN PATRIOTIC FRONT AND RWANDAN PATRIOTIC ARMY UNDER IMMIGRATION AND NATIONALITY ACT Pub. L. 115-232, div. A, title XII, §12911291,, 132 Stat. 2083, provided that:"(a) REMOVAL OF TREATMENT AS TERRORIST ORGANIZATIONS.-"(1) IN GENERAL.-Except as provided in paragraph (2), the Rwandan Patriotic Front and the Rwandan Patriotic Army shall be excluded from the definition of terrorist organization (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(III) )) for purposes of such section 212(a)(3)(B) for any period before August 1, 1994. "(2) EXCEPTION.- "(A) IN GENERAL.-The Secretary of State, in consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, as applicable, may suspend the application of paragraph (1) for the Rwandan Patriotic Front or the Rwandan Patriotic Army in the sole and unreviewable discretion of such applicable Secretary."(B) REPORT.-Not later than, or contemporaneously with, a suspension of paragraph (1) under subparagraph (A), the Secretary of State or the Secretary of Homeland Security, as applicable, shall submit to the appropriate committees of Congress a report on the justification for such suspension."(b) RELIEF FROM INADMISSIBILITY.- "(1) ACTIVITIES BEFORE AUGUST 1, 1994.-Section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ) shall not apply to an alien with respect to any activity undertaken by the alien in association with the Rwandan Patriotic Front or the Rwandan Patriotic Army before August 1, 1994."(2) EXCEPTIONS.-"(A) IN GENERAL.-Paragraph (1) shall not apply if the Secretary of State or the Secretary of Homeland Security, as applicable, determines in the sole unreviewable discretion of such applicable Secretary that- "(i) in the totality of the circumstances, such alien- "(I) poses a threat to the safety and security of the United States; or "(II) does not merit a visa, admission to the United States, or a grant of an immigration benefit or protection; or "(ii) such alien committed, ordered, incited, assisted, or otherwise participated in the commission of- "(I) an offense described in section 2441 of title 18, United States Code; or "(II) an offense described in Presidential Proclamation 8697, dated August 4, 2011 [set out under this section]."(B) IMPLEMENTATION.-Subparagraph (A) shall be implemented by the Secretary of State and the Secretary of Homeland Security, in consultation with the Attorney General."(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.-In this section, the term 'appropriate committees of Congress' means- "(1) the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and"(2) the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives."
TREATMENT OF KURDISTAN DEMOCRATIC PARTY AND PATRIOTIC UNION OF KURDISTAN UNDER THE IMMIGRATION AND NATIONALITY ACT Pub. L. 113-291, div. A, title XII, §12641264,, 128 Stat. 3582, provided that:"(a) REMOVAL OF THE KURDISTAN DEMOCRATIC PARTY AND THE PATRIOTIC UNION OF KURDISTAN FROM TREATMENT AS TERRORIST ORGANIZATIONS.-"(1) IN GENERAL.-Except as provided in paragraph (2), the Kurdistan Democratic Party and the Patriotic Union of Kurdistan shall be excluded from the definition of terrorist organization (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(III) )) for purposes of such section 212(a)(3)(B)."(2) EXCEPTION.-The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend the application of paragraph (1) for either or both of the groups referred to in paragraph (1) in such Secretary's sole and unreviewable discretion. Prior to or contemporaneous with such suspension, the Secretary of State or the Secretary of Homeland Security shall report their reasons for suspension to the Committees on Judiciary of the House of Representatives and of the Senate, the Committees on Appropriations in the House of Representatives and of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate."(b) RELIEF REGARDING ADMISSIBILITY OF NONIMMIGRANT ALIENS ASSOCIATED WITH THE KURDISTAN DEMOCRATIC PARTY AND THE PATRIOTIC UNION OF KURDISTAN.-"(1) FOR ACTIVITIES OPPOSING THE BA'ATH REGIME.-Paragraph (3)(B) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ) shall not apply to an alien with respect to activities undertaken in association with the Kurdistan Democratic Party or the Patriotic Union of Kurdistan in opposition to the regime of the Arab Socialist Ba'ath Party and the autocratic dictatorship of Saddam Hussein in Iraq."(2) FOR MEMBERSHIP IN THE KURDISTAN DEMOCRATIC PARTY AND PATRIOTIC UNION OF KURDISTAN.-Paragraph (3)(B) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ) shall not apply to an alien applying for a nonimmigrant visa, who presents themselves for inspection to an immigration officer at a port of entry as a nonimmigrant, or who is applying in the United States for nonimmigrant status, and who is a member of the Kurdistan Democratic Party or the Patriotic Union of Kurdistan and currently serves or has previously served as a senior official (such as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, President, Vice-President, Member of Parliament, provincial Governor or member of the National Security Council) of the Kurdistan Regional Government or the federal government of the Republic of Iraq."(3) EXCEPTION.-Neither paragraph (1) nor paragraph (2) shall apply if the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) determine in their sole unreviewable discretion that such alien poses a threat to the safety and security of the United States, or does not warrant a visa, admission to the United States, or a grant of an immigration benefit or protection, in the totality of the circumstances. This provision shall be implemented by the Secretary of State and the Secretary of Homeland Security in consultation with the Attorney General."(c) PROHIBITION ON JUDICIAL REVIEW.-Notwithstanding any other provision of law (whether statutory or nonstatutory), section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ), sections 1361 and 1651 of title 28, United States Code, section 2241 of such title, and any other habeas corpus provision of law, no court shall have jurisdiction to review any determination made pursuant to this section."
AFRICAN NATIONAL CONGRESS; WAIVER OF CERTAIN INADMISSIBILITY GROUNDS Pub. L. 110-257, §§2, July 1, 2008, 3, July 1, 2008, 122 Stat. 2426, provided that:
"SEC. 2. RELIEF FOR CERTAIN MEMBERS OF THE AFRICAN NATIONAL CONGRESS REGARDING ADMISSIBILITY. "(a) EXEMPTION AUTHORITY.-The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may determine, in such Secretary's sole and unreviewable discretion, that paragraphs (2)(A)(i)(I), (2)(B), and (3)(B) (other than clause (i)(II)) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply to an alien with respect to activities undertaken in association with the African National Congress in opposition to apartheid rule in South Africa."(b) SENSE OF CONGRESS.-It is the sense of the Congress that the Secretary of State and the Secretary of Homeland Security should immediately exercise in appropriate instances the authority in subsection (a) to exempt the anti-apartheid activities of aliens who are current or former officials of the Government of the Republic of South Africa.
"SEC. 3. REMOVAL OF CERTAIN AFFECTED INDIVIDUALS FROM CERTAIN UNITED STATES GOVERNMENT DATABASES. "The Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall take all necessary steps to ensure that databases used to determine admissibility to the United States are updated so that they are consistent with the exemptions provided under section 2."
AVAILABILITY OF OTHER NONIMMIGRANT PROFESSIONALS Pub. L. 110-229, title VII, §702(k), May 8, 2008, 122 Stat. 867, provided that: "The requirements of section 212(m)(6)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(m)(6)(B) ) shall not apply to a facility in Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands."
REPORT ON DURESS WAIVERS Pub. L. 110-161, div. J, title VI, §691(e), Dec. 26, 2007, 121 Stat. 2365, provided that: "The Secretary of Homeland Security shall provide to the Committees on the Judiciary of the United States Senate and House of Representatives a report, not less than 180 days after the enactment of this Act [Dec. 26, 2007] and every year thereafter, which may include a classified annex, if appropriate, describing-"(1) the number of individuals subject to removal from the United States for having provided material support to a terrorist group who allege that such support was provided under duress;"(2) a breakdown of the types of terrorist organizations to which the individuals described in paragraph (1) have provided material support;"(3) a description of the factors that the Department of Homeland Security considers when evaluating duress waivers; and"(4) any other information that the Secretary believes that the Congress should consider while overseeing the Department's application of duress waivers."
INADMISSIBILITY OF FOREIGN OFFICIALS AND FAMILY MEMBERS INVOLVED IN KLEPTOCRACY OR HUMAN RIGHTS VIOLATIONS Pub. L. 118-47, div. F, title VII, §7031(c), Mar. 23, 2024, 138 Stat. 784, provided that:"(1) INELIGIBILITY.-"(A) Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights, including the wrongful detention of locally employed staff of a United States diplomatic mission or a United States citizen or national, shall be ineligible for entry into the United States."(B) Concurrent with the application of subparagraph (A), the Secretary shall, as appropriate, refer the matter to the Office of Foreign Assets Control, Department of the Treasury, to determine whether to apply sanctions authorities in accordance with United States law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in such subparagraph."(C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. "(2) EXCEPTION.-Individuals shall not be ineligible for entry into the United States pursuant to paragraph (1) if such entry would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements."(3) WAIVER.-The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently."(4) REPORT.-Not later than 30 days after the date of enactment of this Act [Mar. 23, 2024], and every 90 days thereafter until September 30, 2025, the Secretary of State shall submit a report, including a classified annex if necessary, to the appropriate congressional committees [Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives] and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver."(5) POSTING OF REPORT.-Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State website."(6) CLARIFICATION.-For purposes of paragraphs (1), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential."Similar provisions were contained in the following prior acts: Pub. L. 117-328, div. K, title VII, §7031(c), Dec. 29, 2022, 136 Stat. 5026. Pub. L. 117-103, div. K, title VII, §7031(c), Mar. 15, 2022, 136 Stat. 615. Pub. L. 116-260, div. K, title VII, §7031(c), Dec. 27, 2020, 134 Stat. 1743. Pub. L. 116-94, div. G, title VII, §7031(c), Dec. 20, 2019, 133 Stat. 2865. Pub. L. 116-6, div. F, title VII, §7031(c), Feb. 15, 2019, 133 Stat. 319. Pub. L. 115-141, div. K, title VII, §7031(c), Mar. 23, 2018, 132 Stat. 884. Pub. L. 115-31, div. J, title VII, §7031(c), May 5, 2017, 131 Stat. 640. Pub. L. 114-113, div. K, title VII, §7031(c), Dec. 18, 2015, 129 Stat. 2755. Pub. L. 113-235, div. J, title VII, §7031(c), Dec. 16, 2014, 128 Stat. 2620. Pub. L. 113-76, div. K, title VII, §7031(c), Jan. 17, 2014, 128 Stat. 511. Pub. L. 112-74, div. I, title VII, §7031(c), Dec. 23, 2011, 125 Stat. 1211. Pub. L. 111-117, div. F, title VII, §70847084,, 123 Stat. 3400. Pub. L. 111-8, div. H, title VII, §70867086,, 123 Stat. 912. Pub. L. 110-161, div. J, title VI, §699L, Dec. 26, 2007, 121 Stat. 2373.
MONEY LAUNDERING WATCHLIST Pub. L. 107-56, title X, §1006(b), Oct. 26, 2001, 115 Stat. 394, provided that: "Not later than 90 days after the date of the enactment of this Act [Oct. 26, 2001], the Secretary of State shall develop, implement, and certify to the Congress that there has been established a money laundering watchlist, which identifies individuals worldwide who are known or suspected of money laundering, which is readily accessible to, and shall be checked by, a consular or other Federal official prior to the issuance of a visa or admission to the United States. The Secretary of State shall develop and continually update the watchlist in cooperation with the Attorney General, the Secretary of the Treasury, and the Director of Central Intelligence." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458 set out as a note under section 3001 of Title 50, War and National Defense.]
RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR NURSING SHORTAGE Pub. L. 106-95, §3, Nov. 12, 1999, 113 Stat. 1317, provided that: "Not later than the last day of the 4-year period described in section 2(e) [set out as a note above], the Secretary of Health and Human Services and the Secretary of Labor shall jointly submit to the Congress recommendations (including legislative specifications) with respect to the following:"(1) A program to eliminate the dependence of facilities described in section 212(m)(6) of the Immigration and Nationality Act [ 8 U.S.C. 1182(m)(6) ] (as amended by section 2(b)) on nonimmigrant registered nurses by providing for a permanent solution to the shortage of registered nurses who are United States citizens or aliens lawfully admitted for permanent residence."(2) A method of enforcing the requirements imposed on facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(c), 1182(m) ] (as amended by section 2) that would be more effective than the process described in section 212(m)(2)(E) of such Act [ 8 U.S.C. 1182(m)(2)(E) ] (as so amended)."
ISSUANCE OF CERTIFIED STATEMENTS Pub. L. 106-95, §4(c), Nov. 12, 1999, 113 Stat. 1318, provided that: "The Commission on Graduates of Foreign Nursing Schools, or any approved equivalent independent credentialing organization, shall issue certified statements pursuant to the amendment under subsection (a) [amending this section] not more than 35 days after the receipt of a complete application for such a statement."
EXTENSION OF AUTHORIZED PERIOD OF STAY FOR CERTAIN NURSES Pub. L. 104-302, §1, Oct. 11, 1996, 110 Stat. 3656, provided that:"(a) ALIENS WHO PREVIOUSLY ENTERED THE UNITED STATES PURSUANT TO AN H-1A VISA.- "(1) IN GENERAL.-Notwithstanding any other provision of law, the authorized period of stay in the United States of any nonimmigrant described in paragraph (2) is hereby extended through September 30, 1997. "(2) NONIMMIGRANT DESCRIBED.-A nonimmigrant described in this paragraph is a nonimmigrant-"(A) who entered the United States as a nonimmigrant described in section 101(a)(15)(H)(i)(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(a) ]; "(B) who was within the United States on or after September 1, 1995, and who is within the United States on the date of the enactment of this Act [Oct. 11, 1996]; and"(C) whose period of authorized stay has expired or would expire before September 30, 1997 but for the provisions of this section."(3) LIMITATIONS.-Nothing in this section may be construed to extend the validity of any visa issued to a nonimmigrant described in section 101(a)(15)(H)(i)(a) of the Immigration and Nationality Act or to authorize the re-entry of any person outside the United States on the date of the enactment of this Act."(b) CHANGE OF EMPLOYMENT.-A nonimmigrant whose authorized period of stay is extended by operation of this section shall not be eligible to change employers in accordance with section 214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act)."(c) REGULATIONS.-Not later than 30 days after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out the provisions of this section."(d) INTERIM TREATMENT.-A nonimmigrant whose authorized period of stay is extended by operation of this section, and the spouse and child of such nonimmigrant, shall be considered as having continued to maintain lawful status as a nonimmigrant through September 30, 1997."
REFERENCES TO INADMISSIBLE DEEMED TO INCLUDE EXCLUDABLE AND REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATIONFor purposes of carrying out this chapter, any reference in subsec. (a)(1)(A) of this section to "inadmissible" is deemed to include a reference to "excludable", and any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d) of Pub. L. 104-208 set out in an Effective Date of 1996 Amendment note under section 1101 of this title.
ANNUAL REPORT ON ALIENS PAROLED INTO UNITED STATES Pub. L. 104-208, div. C, title VI, §602(b), Sept. 30, 1996, 110 Stat. 3009-689, provided that: "Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate describing the number and categories of aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1182(d)(5) ]. Each such report shall provide the total number of aliens paroled into and residing in the United States and shall contain information and data for each country of origin concerning the number and categories of aliens paroled, the duration of parole, the current status of aliens paroled, and the number and categories of aliens returned to the custody from which they were paroled during the preceding fiscal year."
ASSISTANCE TO DRUG TRAFFICKERS Pub. L. 103-447, title I, §107, Nov. 2, 1994, 108 Stat. 4695, provided that: "The President shall take all reasonable steps provided by law to ensure that the immediate relatives of any individual described in section 487(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291f(a) ), and the business partners of any such individual or of any entity described in such section, are not permitted entry into the United States, consistent with the provisions of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.)."
PROCESSING OF VISAS FOR ADMISSION TO UNITED STATES Pub. L. 103-236, title I, §140(c), Apr. 30, 1994, 108 Stat. 399, as amended by Pub. L. 103-415, §1(d), Oct. 25, 1994, 108 Stat. 4299, provided that:"(1)(A) Beginning 24 months after the date of the enactment of this Act [Apr. 30, 1994], whenever a United States consular officer issues a visa for admission to the United States, that official shall certify, in writing, that a check of the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], has been made and that there is no basis under such system for the exclusion of such alien."(B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the alien's name is included in the Department of State's visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the alien's name in such system, the consular officer's failure shall be made a matter of record and shall be considered as a serious negative factor in the officer's annual performance evaluation. "(2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1)(B) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious injury, loss of life, or significant destruction of property in the United States, the Secretary of State shall convene an Accountability Review Board [now "Security Review Committee"] under the authority of title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 [ 22 U.S.C. 4831 et seq.]."
ACCESS TO INTERSTATE IDENTIFICATION INDEX OF NATIONAL CRIME INFORMATION CENTER; FINGERPRINT CHECKS Pub. L. 103-236, title I, §140(d)-(g), Apr. 30, 1994, 108 Stat. 400, as amended by Pub. L. 103-317, title V, §505, Aug. 26, 1994, 108 Stat. 1765; Pub. L. 104-208, div. C, title VI, §671(g)(2), Sept. 30, 1996, 110 Stat. 3009-724; Pub. L. 105-119, title I, §126, Nov. 26, 1997, 111 Stat. 2471, provided that: "(d) ACCESS TO THE INTERSTATE IDENTIFICATION INDEX.- "(1) Subject to paragraphs (2) and (3), the Department of State Consolidated Immigrant Visa Processing Center shall have on-line access, without payment of any fee or charge, to the Interstate Identification Index of the National Crime Information Center solely for the purpose of determining whether a visa applicant has a criminal history record indexed in such Index. Such access does not entitle the Department of State to obtain the full content of automated records through the Interstate Identification Index. To obtain the full content of a criminal history record, the Department shall submit a separate request to the Identification Records Section of the Federal Bureau of Investigation, and shall pay the appropriate fee as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 ( Public Law 101-162) [103 Stat. 988, 998]."(2) The Department of State shall be responsible for all one-time start-up and recurring incremental non-personnel costs of establishing and maintaining the access authorized in paragraph (1). "(3) The individual primarily responsible for the day-to-day implementation of paragraph (1) shall be an employee of the Federal Bureau of Investigation selected by the Department of State, and detailed to the Department on a fully reimbursable basis."(e) FINGERPRINT CHECKS.-"(1) Effective not later than March 31, 1995, the Secretary of State shall in the ten countries with the highest volume of immigrant visa issuance for the most recent fiscal year for which data are available require the fingerprinting of applicants over sixteen years of age for immigrant visas. The Department of State shall submit records of such fingerprints to the Federal Bureau of Investigation in order to ascertain whether such applicants previously have been convicted of a felony under State or Federal law in the United States, and shall pay all appropriate fees."(2) The Secretary shall prescribe and publish such regulations as may be necessary to implement the requirements of this subsection, and to avoid undue processing costs and delays for eligible immigrants and the United States Government."(f) Not later than December 31, 1996, the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate, a report on the effectiveness of the procedures authorized in subsections (d) and (e)."(g) Subsections (d) and (e) shall cease to have effect after May 1, 1998."
VISA LOOKOUT SYSTEMS Pub. L. 103-236, title I, §140(b), Apr. 30, 1994, 108 Stat. 399, provided that: "Not later than 18 months after the date of the enactment of this Act [Apr. 30, 1994], the Secretary of State shall implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities." Pub. L. 102-138, title I, §128, Oct. 28, 1991, 105 Stat. 660, as amended by Pub. L. 104-208, div. C, title III, §308(d)(3)(C), Sept. 30, 1996, 110 Stat. 3009-617, provided that: "(a) VISAS.-The Secretary of State may not include in the Automated Visa Lookout System, or in any other system or list which maintains information about the inadmissibility of aliens under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], the name of any alien who is not inadmissible from the United States under the Immigration and Nationality Act, subject to the provisions of this section. "(b) CORRECTION OF LISTS.-Not later than 3 years after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State shall- "(1) correct the Automated Visa Lookout System, or any other system or list which maintains information about the inadmissibility of aliens under the Immigration and Nationality Act, by deleting the name of any alien not inadmissible under the Immigration and Nationality Act; and "(2) report to the Congress concerning the completion of such correction process."(c) REPORT ON CORRECTION PROCESS.-"(1) Not later than 90 days after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State, in coordination with the heads of other appropriate Government agencies, shall prepare and submit to the appropriate congressional committees, a plan which sets forth the manner in which the Department of State will correct the Automated Visa Lookout System, and any other system or list as set forth in subsection (b). "(2) Not later than 1 year after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State shall report to the appropriate congressional committees on the progress made toward completing the correction of lists as set forth in subsection (b)."(d) APPLICATION.-This section refers to the Immigration and Nationality Act as in effect on and after June 1, 1991."(e) LIMITATION.- "(1) The Secretary may add or retain in such system or list the names of aliens who are not inadmissible only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation which clearly and distinctly indicates that such person is not presently inadmissible. The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for any reason not set forth in the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.]. "(2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems and lists for purposes described in paragraph (1). "(3) Nothing in this section may be construed as creating new authority or expanding any existing authority for any activity not otherwise authorized by law."(f) DEFINITION.-As used in this section the term 'appropriate congressional committees' means the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate."
CHANGES IN LABOR CERTIFICATION PROCESS Pub. L. 101-649, title I, §122, Nov. 29, 1990, 104 Stat. 4994, as amended by Pub. L. 103-416, title II, §219(ff), Oct. 25, 1995, 108 Stat. 4319, provided that:"[(a) Repealed. Pub. L. 103-416, title II, §219(ff), Oct. 25, 1994, 108 Stat. 4319.]"(b) NOTICE IN LABOR CERTIFICATIONS.-The Secretary of Labor shall provide, in the labor certification process under section 212(a)(5)(A) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(5)(A) ], that-"(1) no certification may be made unless the applicant for certification has, at the time of filing the application, provided notice of the filing (A) to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or (B) if there is no such bargaining representative, to employees employed at the facility through posting in conspicuous locations; and"(2) any person may submit documentary evidence bearing on the application for certification (such as information on available workers, information on wages and working conditions, and information on the employer's failure to meet terms and conditions with respect to the employment of alien workers and co-workers)."
REVIEW OF EXCLUSION LISTS Pub. L. 101-649, title VI, §601(c), Nov. 29, 1990, 104 Stat. 5075, as amended by Pub. L. 104-208, div. C, title III, §308(d)(3)(B), (f) (1)(Q), Sept. 30, 1996, 110 Stat. 3009-617, 3009-621, provided that: "The Attorney General and the Secretary of State shall develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the United States. Such protocols and guidelines shall be developed in a manner that ensures that in the case of an alien-"(1) whose name is in such system, and"(2) who either (A) applies for admission after the effective date of the amendments made by this section [see Effective Date of 1990 Amendment note above], or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the alien's continued inadmissibility under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.],if the alien is no longer inadmissible because of an amendment made by this section the alien's name shall be removed from such books and system and the alien shall be informed of such removal and if the alien continues to be inadmissible the alien shall be informed of such determination."
IMPLEMENTATION OF REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES DURING 5-YEAR PERIOD Pub. L. 101-238, §3(c), Dec. 18, 1989, 103 Stat. 2103, provided that: "The Secretary of Labor (in consultation with the Secretary of Health and Human Services) shall- "(1) first publish final regulations to carry out section 212(m) of the Immigration and Nationality Act [ 8 U.S.C. 1182(m) ] (as added by this section) not later than the first day of the 8th month beginning after the date of the enactment of this Act [Dec. 18, 1989]; and "(2) provide for the appointment (by January 1, 1991) of an advisory group, including representatives of the Secretary, the Secretary of Health and Human Services, the Attorney General, hospitals, and labor organizations representing registered nurses, to advise the Secretary-"(A) concerning the impact of this section on the nursing shortage, "(B) on programs that medical institutions may implement to recruit and retain registered nurses who are United States citizens or immigrants who are authorized to perform nursing services,"(C) on the formulation of State recruitment and retention plans under section 212(m)(3) of the Immigration and Nationality Act, and"(D) on the advisability of extending the amendments made by this section [amending sections 1101 and 1182 of this title] beyond the 5-year period described in subsection (d) [set out above]."
PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN GROUNDSPub. L. 100-204, title IX, §901, Dec. 22, 1987, 101 Stat. 1399, as amended by Pub. L. 100-461, title V, §555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 101-246, title I, §128, Feb. 16, 1990, 104 Stat. 30, provided that no nonimmigrant alien was to be denied a visa or excluded from admission into the United States, or subject to deportation because of any past, current or expected beliefs, statements or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States, and which provided construction regarding excludable aliens and standing to sue, prior to repeal by Pub. L. 101-649, title VI, §603(a)(21), Nov. 29, 1990, 104 Stat. 5084.
REGULATIONS GOVERNING ADMISSION, DETENTION, AND TRAVEL OF NONIMMIGRANT ALIENS IN GUAM PURSUANT TO VISA WAIVERS Pub. L. 99-396, §14(b), Aug. 27, 1986, 100 Stat. 842, as amended by Pub. L. 100-525, §3(1)(B), Oct. 24, 1988, 102 Stat. 2614, directed Attorney General to issue, within 90 days after Aug. 27, 1986, regulations governing the admission, detention, and travel of nonimmigrant aliens pursuant to the visa waiver authorized by the amendment made by section 14(a) of Pub. L. 99-396 prior to repeal by Pub. L. 101-649, title VI, §603(a)(19), Nov. 29, 1990, 104 Stat. 5084.
ANNUAL REPORT TO CONGRESS ON IMPLEMENTATION OF PROVISIONS AUTHORIZING WAIVER OF CERTAIN REQUIREMENTS FOR NONIMMIGRANT VISITORS TO GUAMPub. L. 99-396, §14(c), Aug. 27, 1986, 100 Stat. 842, as amended by Pub. L. 100-525, §3(1)(B), (C), Oct. 24, 1988, 102 Stat. 2614, directed Attorney General to submit a report each year on implementation of 8 U.S.C. 1182(l) to Committees on the Judiciary and Interior and Insular Affairs of House of Representatives and Committees on the Judiciary and Energy and Natural Resources of Senate, prior to repeal by Pub. L. 101-649, title VI, §603(a)(19), Nov. 29, 1990, 104 Stat. 5084.
SHARING OF INFORMATION CONCERNING DRUG TRAFFICKERSPub. L. 99-93, title I, §132, Aug. 16, 1985, 99 Stat. 420, provided that:"(a) REPORTING SYSTEMS.-In order to ensure that foreign narcotics traffickers are denied visas to enter the United States, as required by section 212(a)(23) of the Immigration and Naturalization Act ([former] 22 [8] U.S.C. 1182(a)(23))-"(1) the Department of State shall cooperate with United States law enforcement agencies, including the Drug Enforcement Administration and the United States Customs Service, in establishing a comprehensive information system on all drug arrests of foreign nationals in the United States, so that that information may be communicated to the appropriate United States embassies; and"(2) the National Drug Enforcement Policy Board shall agree on uniform guidelines which would permit the sharing of information on foreign drug traffickers. "(b) REPORT.-Not later than six months after the date of the enactment of this Act [Aug. 16, 1985], the Chairman of the National Drug Enforcement Policy Board shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the steps taken to implement this section."[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d),and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107-296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114-125 and section 802(b) of Pub. L. 114-125 set out as a note under section 211 of Title 6.]
REFUGEES FROM DEMOCRATIC KAMPUCHEA (CAMBODIA); TEMPORARY PAROLE INTO UNITED STATES FOR FISCAL YEARS 1979 AND 1980 Pub. L. 95-431, title VI, §605, Oct. 10, 1978, 92 Stat. 1045, provided that it was the sense of Congress that United States give special consideration to plight of refugees from Democratic Kampuchea (Cambodia) and that Attorney General should parole into United States, under section 1182(d)(5) of this title for fiscal year 1979, 7,500 aliens who are nationals or citizens of Democratic Kampuchea and for fiscal year 1980, 7,500 such aliens.
RETROACTIVE ADJUSTMENT OF REFUGEE STATUS Pub. L. 95-412, §5, Oct. 5, 1978, 92 Stat. 909, as amended by Pub. L. 96-212, title II, §203(g), Mar. 17, 1980, 94 Stat. 108, provided that any refugee, not otherwise eligible for retroactive adjustment of status, who was paroled into United States by Attorney General pursuant to section 1182(d)(5) of this title before Apr. 1, 1980, was to have his status adjusted pursuant to section 1153(g) and (h) of this title.
REPORT BY ATTORNEY GENERAL TO CONGRESSIONAL COMMITTEES ON ADMISSION OF CERTAIN EXCLUDABLE ALIENSPub. L. 95-370, title IV, §401, Sept. 17, 1978, 92 Stat. 627, directed Attorney General, by October 30, 1979, to report to specific congressional committees on certain cases of the admission to the United States of aliens that may have been excludable under former section 1182(a)(27) to (29) of this title.
NATIONAL BOARD OF MEDICAL EXAMINERS EXAMINATION Pub. L. 94-484, title VI, §602(a), (b), as added by Pub. L. 95-83, title III, §307(q)(3), Aug. 1, 1977, 91 Stat. 395, eff. Jan. 10, 1977, provided that an alien who is a graduate of a medical school would be considered to have passed parts I and II of the National Board of Medical Examiners Examination if the alien was on January 9, 1977, a doctor of medicine fully and permanently licensed to practice medicine in a State, held on that date a valid specialty certificate issued by a constituent board of the American Board of Medical Specialties, and was on that date practicing medicine in a State, prior to repeal by Pub. L. 97-116, §5(a)(3), Dec. 29, 1981, 95 Stat. 1612.
LABOR CERTIFICATION FOR GRADUATES OF FOREIGN MEDICAL SCHOOLS; DEVELOPMENT OF DATA BY SECRETARY OF HEALTH, EDUCATION, AND WELFARE NOT LATER THAN OCT. 12, 1977Pub. L. 94-484, title IX, §906, Oct. 12, 1976, 90 Stat. 2325, directed Secretary of Health, Education, and Welfare, not later than one year after Oct. 12, 1976, to develop sufficient data to enable the Secretary of Labor to make equitable determinations with regard to applications for labor certification by graduates of foreign medical schools, such data to include the number of physicians (by specialty and by percent of population) in a geographic area necessary to provide adequate medical care, including such care in hospitals, nursing homes, and other health care institutions, in such area.
RESETTLEMENT OF REFUGEE-ESCAPEE; REPORTS; FORMULA; TERMINATION DATE; PERSONS DIFFICULT TO RESETTLE; CREATION OF RECORD OF ADMISSION FOR PERMANENT RESIDENCEPub. L. 86-648, §§1-4, 11, July 14, 1960, 74 Stat. 504, 505, as amended by Pub. L. 87-510, §6, June 28, 1962, 76 Stat. 124; Pub. L. 89-236, §16, Oct. 3, 1965, 79 Stat. 919, provided:"[SECTION 1. Repealed. Pub. L. 89-236, §16, Oct. 3, 1965, 79 Stat. 919.]"[SEC. 2. Repealed. Pub. L. 89-236, §16, Oct. 3, 1965, 79 Stat. 919.]"SEC. 3. Any alien who was paroled into the United States as a refugee-escapee, pursuant to section 1 of the Act, whose parole has not theretofore been terminated by the Attorney General pursuant to such regulations as he may prescribe under the authority of section 212(d)(5) of the Immigration and Nationality Act [subsec. (d)(5) of this section]; and who has been in the United States for at least two years, and who has not acquired permanent residence, shall forthwith return or be returned to the custody of the Immigration and Naturalization Service and shall thereupon be inspected and examined for admission into the United States, and his case dealt with in accordance with the provisions of sections 235, 236, and 237 of the Immigration and Nationality Act [sections 1225, 1226, and [former] 1227 of this title]."SEC. 4. Any alien who, pursuant to section 3 of this Act, is found, upon inspection by the immigration officer or after hearing before a special inquiry officer, to be admissible as an immigrant under the Immigration and Nationality Act [this chapter] at the time of his inspection and examination, except for the fact that he was not and is not in possession of the documents required by section 212(a)(20) of the said Act [former subsec. (a)(20) of this section], shall be regarded as lawfully admitted to the United States for permanent residence as of the date of his arrival.* * * * *"[SEC. 11. Repealed. Pub. L. 89-236, §16, Oct. 3, 1965, 79 Stat. 919.]"
CREATION OF RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN HUNGARIAN REFUGEES Pub. L. 85-559, July 25, 1958, 72 Stat. 419, provided: "That any alien who was paroled into the United States as a refugee from the Hungarian revolution under section 212(d)(5) of the Immigration and Nationality Act [subsection (d)(5) of this section] subsequent to October 23, 1956, who has been in the United States for at least two years, and who has not acquired permanent residence, shall forthwith return or be returned to the custody of the Immigration and Naturalization Service, and shall thereupon be inspected and examined for admission into the United States, and his case dealt with, in accordance with the provisions of sections 235, 236 and 237 of that Act [sections 1225, 1226 and [former] 1227 of this title]."SEC. 2. Any such alien who, pursuant to section 1 of this Act, is found, upon inspection by an immigration officer or after hearing before a special inquiry officer, to have been and to be admissible as an immigrant at the time of his arrival in the United States and at the time of his inspection and examination, except for the fact that he was not and is not in possession of the documents required by section 212(a)(20) of the Immigration and Nationality Act [former subsection (a)(20) of this section], shall be regarded as lawfully admitted to the United States for permanent residence as of the date of his arrival. "SEC. 3. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Immigration and Nationality Act [this chapter] or any other law relating to immigration, nationality, or naturalization."
DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES Pub. L. 118-47, div. F, title VII, §7034(s)(1), Mar. 23, 2024, 138 Stat. 793, provided that: "Unless otherwise defined in this Act [div. F of Pub. L. 118-47 138 Stat. 729, see Tables for classification], for purposes of this Act the term 'appropriate congressional committees' means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives."Similar provisions were contained in the following prior acts: Pub. L. 117-328, div. K, title VII, §7034(s)(1), Dec. 29, 2022, 136 Stat. 5035. Pub. L. 117-103, div. K, title VII, §7034(t)(1), Mar. 15, 2022, 136 Stat. 626. Pub. L. 116-260, div. K, title VII, §7034(q)(1), Dec. 27, 2020, 134 Stat. 1753.
EXECUTIVE DOCUMENTS
PRESIDENTIAL PROCLAMATIONS SUSPENDING ENTRY OF CERTAIN ALIENSSuspension of entry of certain aliens into the United States were contained in the following Presidential proclamations:Proc. No. 10685, Dec. 11, 2023, 88 F.R. 86541, relating to immigrants and nonimmigrants enabling corruption. Proc. No. 10309, Nov. 16, 2021, 86 F.R. 64797, relating to immigrants and nonimmigrants responsible for policies or actions that threaten democracy in Nicaragua.Proc. No. 10052, June 22, 2020, 85 F.R. 38263, as amended by Proc. No. 10054, June 29, 2020, 85 F.R. 40085; Proc. No. 10131, §2, Dec. 31, 2020, 86 F.R. 418; Proc. No. 10149, §1, Feb. 24, 2021, 86 F.R. 11847, relating to immigrants and nonimmigrants who present a risk to the United States labor market following the COVID-19 pandemic, expired Mar. 31, 2021.Proc. No. 10043, May 29, 2020, 85 F.R. 34353, relating to certain students and researchers from the People's Republic of China.Proc. No. 10014, Apr. 22, 2020, 85 F.R. 23441, as amended by Proc. No. 10052, §1, June 22, 2020, 85 F.R. 38264; Proc. No. 10131, §1, Dec. 31, 2020, 86 F.R. 418, relating to immigrants who present a risk to the United States labor market following the COVID-19 pandemic, was revoked by Proc. No. 10149, §1, Feb. 24, 2021, 86 F.R. 11847.Proc. No. 9945, Oct. 4, 2019, 84 F.R. 53991, relating to immigrants who will financially burden the United States healthcare system, was revoked by Proc. No. 10209, May 14, 2021, 86 F.R. 27015.Proc. No. 9932, Sept. 25, 2019, 84 F.R. 51935, relating to senior officials of the government of Iran. Proc. No. 9931, Sept. 25, 2019, 84 F.R. 51931, relating to persons responsible for policies or actions that threaten Venezuela's democratic institutions.Proc. No. 8697, Aug. 4, 2011, 76 F.R. 49277, relating to persons who participate in serious human rights and humanitarian law violations and other abuses.Proc. No. 8693, July 24, 2011, 76 F.R. 44751, relating to aliens subject to United Nations Security Council travel bans and International Emergency Economic Powers Act sanctions.Proc. No. 8342, Jan. 16, 2009, 74 F.R. 4093, relating to foreign government officials responsible for failing to combat trafficking in persons.Proc. No. 7750, Jan. 12, 2004, 69 F.R. 2287, relating to persons engaged in or benefiting from corruption.
PRESIDENTIAL PROCLAMATIONS SUSPENDING ENTRY AS IMMIGRANTS AND NONIMMIGRANTS OF PERSONS WHO POSE A RISK OF TRANSMITTING 2019 NOVEL CORONAVIRUSSuspension of entry into the United States of aliens who were physically present in certain countries during the COVID-19 pandemic were contained in the following Presidential proclamations: Proc. No. 10315, Nov. 26, 2021, 86 F.R. 68385, relating to noncitizens who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe, was revoked by Proc. No. 10329, Dec. 28, 2021, 87 F.R. 149.Proc. No. 10294, Oct. 25, 2021, 86 F.R. 59603, relating to certain noncitizens who are nonimmigrants and who are not fully vaccinated against COVID-19 arriving by air, was revoked in part, effective May 12, 2023, by Proc. No. 10575, May 9, 2023, 88 F.R. 30889.Proc. No. 10199, Apr. 30, 2021, 86 F.R. 24297, relating to noncitizens entering as nonimmigrants who were physically present within the Republic of India, was revoked by Proc. No. 10294, §1, Oct. 25, 2021, 86 F.R. 59604. Proc. No. 10143, Jan. 25, 2021, 86 F.R. 7467, relating to noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil, was revoked by Proc. No. 10294, §1, Oct. 25, 2021, 86 F.R. 59604.Proc. No. 10041, May 24, 2020, 85 F.R. 31933, as amended by Proc. No. 10042, May 25, 2020, 85 F.R. 32291, relating to aliens present in the Federative Republic of Brazil, was revoked by Proc. No. 10138, Jan. 18, 2021, 86 F.R. 6799. Proc. No. 9996, Mar. 14, 2020, 85 F.R. 15341, relating to aliens present in the United Kingdom and Republic of Ireland, was revoked by Proc. No. 10138, Jan. 18, 2021, 86 F.R. 6799.Proc. No. 9993, Mar. 11, 2020, 85 F.R. 15045, relating to aliens present in the Schengen Area, was revoked by Proc. No. 10138, Jan. 18, 2021, 86 F.R. 6799. Proc. No. 9992, Feb. 29, 2020, 85 F.R. 12855, as amended by Proc. No. 10143, §5, Jan. 25, 2021, 86 F.R. 7469, relating to aliens present in the Islamic Republic of Iran, was revoked by Proc. No. 10294, §1, Oct. 25, 2021, 86 F.R. 59604.Proc. No. 9984, Jan. 31, 2020, 85 F.R. 6709, as amended by Proc. No. 9992, §4, Feb. 29, 2020, 85 F.R. 12857; Proc. No. 10143, §5, Jan. 25, 2021, 86 F.R. 7469, relating to aliens present in the People's Republic of China, was revoked by Proc. No. 10294, §1, Oct. 25, 2021, 86 F.R. 59604.
PROC. NO. 4865. HIGH SEAS INTERDICTION OF ILLEGAL ALIENSProc. No. 4865, Sept. 29, 1981, 46 F.R. 48107, provided:The ongoing migration of persons to the United States in violation of our laws is a serious national problem detrimental to the interests of the United States. A particularly difficult aspect of the problem is the continuing illegal migration by sea of large numbers of undocumented aliens into the southeastern United States. These arrivals have severely strained the law enforcement resources of the Immigration and Naturalization Service and have threatened the welfare and safety of communities in that region.As a result of our discussions with the Governments of affected foreign countries and with agencies of the Executive Branch of our Government, I have determined that new and effective measures to curtail these unlawful arrivals are necessary. In this regard, I have determined that international cooperation to intercept vessels trafficking in illegal migrants is a necessary and proper means of insuring the effective enforcement of our laws.NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, by the authority vested in me by the Constitution and the statutes of the United States, including Sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended ( 8 U.S.C. 1182(f) and 1185(a)(1) ), in order to protect the sovereignty of the United States, and in accordance with cooperative arrangements with certain foreign governments, and having found that the entry of undocumented aliens, arriving at the borders of the United States from the high seas, is detrimental to the interests of the United States, do proclaim that:The entry of undocumented aliens from the high seas is hereby suspended and shall be prevented by the interdiction of certain vessels carrying such aliens.IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord nineteen hundred and eighty-one, and of the Independence of the United States of America the two hundred and sixth.Ronald Reagan.
PROC. NO. 9645. ENHANCING VETTING CAPABILITIES AND PROCESSES FOR DETECTING ATTEMPTED ENTRY INTO THE UNITED STATES BY TERRORISTS OR OTHER PUBLIC-SAFETY THREATSProc. No. 9645, Sept. 24, 2017, 82 F.R. 45161, as amended by Proc. No. 9723, §1, Apr. 10, 2018, 83 F.R. 15939; Proc. No. 9983, §3, Jan. 31, 2020, 85 F.R. 6706, which prohibited entry into the United States by nationals of certain countries unless they are approved for a waiver, was revoked by Proc. No. 10141, Jan. 20, 2021, 86 F.R. 7005.
PROC. NO. 9983. IMPROVING ENHANCED VETTING CAPABILITIES AND PROCESSES FOR DETECTING ATTEMPTED ENTRY INTO THE UNITED STATES BY TERRORISTS OR OTHER PUBLIC-SAFETY THREATS Proc. No. 9983, Jan. 31, 2020, 85 F.R. 6699, which prohibited entry into the United States by nationals of certain countries, was revoked by Proc. No. 10141, Jan. 20, 2021, 86 F.R. 7005.
EXECUTIVE ORDER NO. 12324Ex. Ord. No. 12324, Sept. 29, 1981, 46 F.R. 48109, which directed Secretary of State to enter into cooperative arrangements with foreign governments for purpose of preventing illegal migration to United States by sea, directed Secretary of the Department in which the Coast Guard is operating to issue appropriate instructions to Coast Guard to enforce suspension of entry of undocumented aliens and interdiction of any defined vessel carrying such aliens, and directed Attorney General to ensure fair enforcement of immigration laws and strict observance of international obligations of United States concerning those who genuinely flee persecution in their homeland, was revoked and replaced by Ex. Ord. No. 12807, §4, May 24, 1992, 57 F.R. 23134, set out below.
EX. ORD. NO. 12807. INTERDICTION OF ILLEGAL ALIENSEx. Ord. No. 12807, May 24, 1992, 57 F.R. 23133, as amended by Ex. Ord. No. 13286, §30, Feb. 28, 2003, 68 F.R. 10625, provided:By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended ( 8 U.S.C. 1182(f) and 1185(a)(1) ), and whereas: (1) The President has authority to suspend the entry of aliens coming by sea to the United States without necessary documentation, to establish reasonable rules and regulations regarding, and other limitations on, the entry or attempted entry of aliens into the United States, and to repatriate aliens interdicted beyond the territorial sea of the United States; (2) The international legal obligations of the United States under the United Nations Protocol Relating to the Status of Refugees (U.S. T.I.A.S. 6577; 19 U.S.T. 6223) to apply Article 33 of the United Nations Convention Relating to the Status of Refugees do not extend to persons located outside the territory of the United States;(3) Proclamation No. 4865 [set out above] suspends the entry of all undocumented aliens into the United States by the high seas; and(4) There continues to be a serious problem of persons attempting to come to the United States by sea without necessary documentation and otherwise illegally;I, GEORGE BUSH, President of the United States of America, hereby order as follows: SECTION 1. The Secretary of State shall undertake to enter into, on behalf of the United States, cooperative arrangements with appropriate foreign governments for the purpose of preventing illegal migration to the United States by sea.SEC. 2. (a) The Secretary of the Department in which the Coast Guard is operating, in consultation, where appropriate, with the Secretary of Defense, the Attorney General, and the Secretary of State, shall issue appropriate instructions to the Coast Guard in order to enforce the suspension of the entry of undocumented aliens by sea and the interdiction of any defined vessel carrying such aliens. (b) Those instructions shall apply to any of the following defined vessels: (1) Vessels of the United States, meaning any vessel documented or numbered pursuant to the laws of the United States, or owned in whole or in part by the United States, a citizen of the United States, or a corporation incorporated under the laws of the United States or any State, Territory, District, Commonwealth, or possession thereof, unless the vessel has been granted nationality by a foreign nation in accord with Article 5 of the Convention on the High Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).(2) Vessels without nationality or vessels assimilated to vessels without nationality in accordance with paragraph (2) of Article 6 of the Convention on the High Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).(3) Vessels of foreign nations with whom we have arrangements authorizing the United States to stop and board such vessels.(c) Those instructions to the Coast Guard shall include appropriate directives providing for the Coast Guard: (1) To stop and board defined vessels, when there is reason to believe that such vessels are engaged in the irregular transportation of persons or violations of United States law or the law of a country with which the United States has an arrangement authorizing such action.(2) To make inquiries of those on board, examine documents and take such actions as are necessary to carry out this order.(3) To return the vessel and its passengers to the country from which it came, or to another country, when there is reason to believe that an offense is being committed against the United States immigration laws, or appropriate laws of a foreign country with which we have an arrangement to assist; provided, however, that the Secretary of Homeland Security, in his unreviewable discretion, may decide that a person who is a refugee will not be returned without his consent.(d) These actions, pursuant to this section, are authorized to be undertaken only beyond the territorial sea of the United States.SEC. 3. This order is intended only to improve the internal management of the Executive Branch. Neither this order nor any agency guidelines, procedures, instructions, directives, rules or regulations implementing this order shall create, or shall be construed to create, any right or benefit, substantive or procedural (including without limitation any right or benefit under the Administrative Procedure Act [ 5 U.S.C. 551 et seq., 701 et seq.]), legally enforceable by any party against the United States, its agencies or instrumentalities, officers, employees, or any other person. Nor shall this order be construed to require any procedures to determine whether a person is a refugee.SEC. 4. Executive Order No. 12324 is hereby revoked and replaced by this order.SEC. 5. This order shall be effective immediately.
EX. ORD. NO. 13276. DELEGATION OF RESPONSIBILITIES CONCERNING UNDOCUMENTED ALIENS INTERDICTED OR INTERCEPTED IN THE CARIBBEAN REGIONEx. Ord. No. 13276, Nov. 15, 2002, 67 F.R. 69985, as amended by Ex. Ord. No. 13286, §1, Feb. 28, 2003, 68 F.R. 10619, provided:By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended ( 8 U.S.C. 1182(f) and 1185(a)(1) ), and section 301 of title 3, United States Code, and in order to delegate appropriate responsibilities to Federal agencies for responding to migration of undocumented aliens in the Caribbean region, it is hereby ordered:SECTION 1. Duties and Authorities of Agency Heads. Consistent with applicable law, (a)(i) The Secretary of Homeland Security may maintain custody, at any location he deems appropriate, of any undocumented aliens he has reason to believe are seeking to enter the United States and who are interdicted or intercepted in the Caribbean region. In this regard, the Secretary of Homeland Security shall provide and operate a facility, or facilities, to house and provide for the needs of any such aliens. Such a facility may be located at Guantanamo Bay Naval Base or any other appropriate location. (ii) The Secretary of Homeland Security may conduct any screening of such aliens that he deems appropriate, including screening to determine whether such aliens should be returned to their country of origin or transit, or whether they are persons in need of protection who should not be returned without their consent. If the Secretary of Homeland Security institutes such screening, then until a determination is made, the Secretary of Homeland Security shall provide for the custody, care, safety, transportation, and other needs of the aliens. The Secretary of Homeland Security shall continue to provide for the custody, care, safety, transportation, and other needs of aliens who are determined not to be persons in need of protection until such time as they are returned to their country of origin or transit. (b) The Secretary of State shall provide for the custody, care, safety, transportation, and other needs of undocumented aliens interdicted or intercepted in the Caribbean region whom the Secretary of Homeland Security has identified as persons in need of protection. The Secretary of State shall provide for and execute a process for resettling such persons in need of protection, as appropriate, in countries other than their country of origin, and shall also undertake such diplomatic efforts as may be necessary to address the problem of illegal migration of aliens in the Caribbean region and to facilitate the return of those aliens who are determined not to be persons in need of protection.(c)(i) The Secretary of Defense shall make available to the Secretary of Homeland Security and the Secretary of State, for the housing and care of any undocumented aliens interdicted or intercepted in the Caribbean region and taken into their custody, any facilities at Guantanamo Bay Naval Base that are excess to current military needs and the provision of which does not interfere with the operation and security of the base. The Secretary of Defense shall be responsible for providing access to such facilities and perimeter security. The Secretary of Homeland Security and the Secretary of State, respectively, shall be responsible for reimbursement for necessary supporting utilities. (ii) In the event of a mass migration in the Caribbean region, the Secretary of Defense shall provide support to the Secretary of Homeland Security and the Secretary of State in carrying out the duties described in paragraphs (a) and (b) of this section regarding the custody, care, safety, transportation, and other needs of the aliens, and shall assume primary responsibility for these duties on a nonreimbursable basis as necessary to contain the threat to national security posed by the migration. The Secretary of Defense shall also provide support to the Coast Guard in carrying out the duties described in Executive Order 12807 of May 24, 1992 [set out above], regarding interdiction of migrants.SEC. 2. Definitions. For purposes of this order, the term "mass migration" means a migration of undocumented aliens that is of such magnitude and duration that it poses a threat to the national security of the United States, as determined by the President.SEC. 3. Scope.(a) Nothing in this order shall be construed to impair or otherwise affect the authorities and responsibilities set forth in Executive Order 12807 of May 24, 1992 [set out above].(b) Nothing in this order shall be construed to make reviewable in any judicial or administrative proceeding, or otherwise, any action, omission, or matter that otherwise would not be reviewable. (c) This order is intended only to improve the management of the executive branch. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity or otherwise against the United States, its departments, agencies, entities, instrumentalities, officers, employees, or any other person. (d) Any agency assigned any duties by this order may use the provisions of the Economy Act, 31 U.S.C. 1535 and 1536, to carry out such duties, to the extent permitted by such Act.(e) This order shall not be construed to require any procedure to determine whether a person is a refugee or otherwise in need of protection.George W. Bush.
EXECUTIVE ORDER NO. 13769 Ex. Ord. No. 13769, Jan. 27, 2017, 82 F.R. 8977, which related to review and suspension of issuance of visas and other immigration benefits to nationals of certain countries, implementation of a program to identify individuals seeking to enter the United States with the intent to cause or risk of causing harm, review and suspension of the U.S. Refugee Admissions Program, exercises of authority relating to terrorism grounds of inadmissibility under this section, expedited completion of the biometric entry-exit tracking system, review and suspension of the Visa Interview Waiver Program, review of nonimmigrant visa reciprocity agreements, and collection and public availablility of certain immigration data, was repealed, effective Mar. 16, 2017, by Ex. Ord. No. 13780, §13, Mar. 6, 2017, 82 F.R. 13218, set out below.
EXECUTIVE ORDER NO. 13780Ex. Ord. No. 13780, Mar. 6, 2017, 82 F.R. 13209, which prevented nationals from certain countries from entering the United States, was revoked by Proc. No. 10141, Jan. 20, 2021, 86 F.R. 7005.[Memorandum of President of the United States, June 14, 2017, 82 F.R. 27965, related to implementation of Ex. Ord. No. 13780, formerly set out above, in light of preliminary injunctions that barred enforcement of certain provisions and construed to amend the effective date of Ex. Ord. No. 13780 to the extent necessary to comply with such injunctions.]
EXECUTIVE ORDER NO. 13815Ex. Ord. No. 13815, Oct. 24, 2017, 82 F.R. 50055, which related to resuming the United States Refugee Admissions Program with enhanced vetting capabilities, was revoked by Ex. Ord. No. 14013, §2(a), Feb. 4, 2021, 86 F.R. 8840, set out in a note under section 1157 of this title.
EX. ORD. NO. 13940. ALIGNING FEDERAL CONTRACTING AND HIRING PRACTICES WITH THE INTERESTS OF AMERICAN WORKERS Ex. Ord. No. 13940, Aug. 3, 2020, 85 F.R. 47879, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the executive branch to create opportunities for United States workers to compete for jobs, including jobs created through Federal contracts. These opportunities, particularly in regions where the Federal Government remains the largest employer, are especially critical during the economic dislocation caused by the 2019 novel coronavirus (COVID-19) pandemic. When employers trade American jobs for temporary foreign labor, for example, it reduces opportunities for United States workers in a manner inconsistent with the role guest-worker programs are meant to play in the Nation's economy.SEC. 2. Review of Contracting and Hiring Practices. (a) The head of each executive department and agency (agency) that enters into contracts shall review, to the extent practicable, performance of contracts (including subcontracts) awarded by the agency in fiscal years 2018 and 2019 to assess:(i) whether contractors (including subcontractors) used temporary foreign labor for contracts performed in the United States, and, if so, the nature of the work performed by temporary foreign labor on such contracts; whether opportunities for United States workers were affected by such hiring; and any potential effects on the national security caused by such hiring; and (ii) whether contractors (including subcontractors) performed in foreign countries services previously performed in the United States, and, if so, whether opportunities for United States workers were affected by such offshoring; whether affected United States workers were eligible for assistance under the Trade Adjustment Assistance program authorized by the Trade Act of 1974 [ 19 U.S.C. 2101 et seq.]; and any potential effects on the national security caused by such offshoring. (b) The head of each agency that enters into contracts shall assess any negative impact of contractors' and subcontractors' temporary foreign labor hiring practices or offshoring practices on the economy and efficiency of Federal procurement and on the national security, and propose action, if necessary and as appropriate and consistent with applicable law, to improve the economy and efficiency of Federal procurement and protect the national security.(c) The head of each agency shall, in coordination with the Director of the Office of Personnel Management, review the employment policies of the agency to assess the agency's compliance with Executive Order 11935 of September 2, 1976 (Citizenship Requirements for Federal Employment) [41 F.R. 37301, amending the Civil Service Rules], and section 704 of the Consolidated Appropriations Act, 2020, Public Law 116-93 [ 5 U.S.C. 3101 note].(d) Within 120 days of the date of this order [Aug. 3, 2020], the head of each agency shall submit a report to the Director of the Office of Management and Budget summarizing the results of the reviews required by subsections (a) through (c) of this section; recommending, if necessary, corrective actions that may be taken by the agency and timeframes to implement such actions; and proposing any Presidential actions that may be appropriate.SEC. 3. Measures to Prevent Adverse Effects on United States Workers. Within 45 days of the date of this order, the Secretaries of Labor and Homeland Security shall take action, as appropriate and consistent with applicable law, to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ).SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:(i) the authority granted by law to an executive department or agency, or the head thereof; or(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Donald J. Trump.
DELEGATION OF AUTHORITY UNDER SECTIONS 1182(F) AND 1185(A)(1) OF THIS TITLE Memorandum of President of the United States, Sept. 24, 1999, 64 F.R. 55809, provided:Memorandum for the Attorney GeneralBy the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended ( 8 U.S.C. 1182(f) and 1185(a)(1) ), and in light of Proclamation 4865 of September 29, 1981 [set out above], I hereby delegate to the Attorney General the authority to:(a) Maintain custody, at any location she deems appropriate, and conduct any screening she deems appropriate in her unreviewable discretion, of any undocumented person she has reason to believe is seeking to enter the United States and who is encountered in a vessel interdicted on the high seas through December 31, 2000; and (b) Undertake any other appropriate actions with respect to such aliens permitted by law.With respect to the functions delegated by this order, all actions taken after April 16, 1999, for or on behalf of the President that would have been valid if taken pursuant to this memorandum are ratified.This memorandum is not intended to create, and should not be construed to create, any right or benefit, substantive or procedural, legally enforceable by any party against the United States, its agencies or instrumentalities, officers, employees, or any other person, or to require any procedures to determine whether a person is a refugee.You are authorized and directed to publish this memorandum in the Federal Register.William J. Clinton.
IMPLEMENTING IMMEDIATE HEIGHTENED SCREENING AND VETTING OF APPLICATIONS FOR VISAS AND OTHER IMMIGRATION BENEFITS, ENSURING ENFORCEMENT OF ALL LAWS FOR ENTRY INTO THE UNITED STATES, AND INCREASING TRANSPARENCY AMONG DEPARTMENTS AND AGENCIES OF THE FEDERAL GOVERNMENT AND FOR THE AMERICAN PEOPLEMemorandum of President of the United States, Mar. 6, 2017, 82 F.R. 16279, which related to increased enforcement of immigration laws, was revoked by Ex. Ord. No. 14013, §2(b), Feb. 4, 2021, 86 F.R. 8840, set out in a note under section 1157 of this title.
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- Service
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- VAWA self-petitioner
- The term "VAWA self-petitioner" means an alien, or a child of the alien, who qualifies for relief under-(A) clause (iii), (iv), or (vii) of section 1154(a)(1)(A) of this title;(B) clause (ii) or (iii) of section 1154(a)(1)(B) of this title;(C) section 1186a(c)(4)(C) of this title;(D) the first section of Public Law 89-732 ( 8 U.S.C. 1255 note) (commonly known as the Cuban Adjustment Act) as a child or spouse who has been battered or subjected to extreme cruelty;(E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 ( 8 U.S.C. 1255 note);(F) section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act; or(G) section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208).
- adjacent islands
- The term "adjacent islands" includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- border crossing identification card
- The term "border crossing identification card" means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
- consular officer
- The term "consular officer" means any consular, diplomatic, or other officer or employee of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in subchapter III, for the purpose of adjudicating nationality.
- conviction
- The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
- foreign state
- The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states.
- graduates of a medical school
- The term "graduates of a medical school" means aliens who have graduated from a medical school or who have qualified to practice medicine in a foreign state, other than such aliens who are of national or international renown in the field of medicine.
- immigrant visa
- The term "immigrant visa" means an immigrant visa required by this chapter and properly issued by a consular officer at his office outside of the United States to an eligible immigrant under the provisions of this chapter.
- immigration laws
- The term "immigration laws" includes this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.
- immigration officer
- The term "immigration officer" means any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title.
- lawfully admitted for permanent residence
- The term "lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
- national of the United States
- The term "national of the United States" means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
- national
- The term "national" means a person owing permanent allegiance to a state.
- naturalization
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- nonimmigrant visa
- The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this chapter.
- order of deportation
- The term "order of deportation" means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation.
- organization
- The term "organization" means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.
- passport
- The term "passport" means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.
- permanent
- The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
- person
- The term "person" means an individual or an organization.
- refugee
- The term "refugee" means (A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after appropriate consultation (as defined in section 1157(e) of this title) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term "refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
- residence
- The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
- stowaway
- The term "stowaway" means any alien who obtains transportation without the consent of the owner, charterer, master or person in command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to be considered a stowaway.
- substantial
- The term "substantial" means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.
- totalitarian party
- The term "totalitarian party" means an organization which advocates the establishment in the United States of a totalitarian dictatorship or totalitarianism. The terms "totalitarian dictatorship" and "totalitarianism" mean and refer to systems of government not representative in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis, with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an indistinguishable unit, and (B) the forcible suppression of opposition to such party.
- Commissioner
- The terms "Commissioner" and "Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively.
- admission
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
- admitted
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.