8 U.S.C. § 1184
Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [ 22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257(b) of this title.
In the case of an alien seeking entry for a motion picture or television production, (i) any opinion under the previous sentence shall only be advisory, (ii) any such opinion that recommends denial must be in writing, (iii) in making the decision the Attorney General shall consider the exigencies and scheduling of the production, and (iv) the Attorney General shall append to the decision any such opinion. The Attorney General shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 1101(a)(15)(O)(i) of this title because of extraordinary ability in the arts and who seek readmission to perform similar services within 2 years after the date of a consultation under such subparagraph. Not later than 5 days after the date such a waiver is provided, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization.
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), or (V) of section 1101(a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien's most recent departure from the United States.
The petition filed by an alien under section 1101(a)(15)(U)(i) of this title shall contain a certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section 1101(a)(15)(U)(iii) of this title. This certification may also be provided by an official of the Service whose ability to provide such certification is not limited to information concerning immigration violations. This certification shall state that the alien "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of criminal activity described in section 1101(a)(15)(U)(iii) of this title.
With respect to nonimmigrant aliens described in subsection (a)(15)(U) of section 1101 of this title-
In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition.
Nothing in this subsection limits the ability of aliens who qualify for status under section 1101(a)(15)(U) of this title to seek any other immigration benefit or status for which the alien may be eligible.
The authorized period of status of an alien as a nonimmigrant under section 1101(a)(15)(U) of this title shall be for a period of not more than 4 years, but shall be extended upon certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title that the alien's presence in the United States is required to assist in the investigation or prosecution of such criminal activity. The Secretary of Homeland Security may extend, beyond the 4-year period authorized under this section, the authorized period of status of an alien as a nonimmigrant under section 1101(a)(15)(U) of this title if the Secretary determines that an extension of such period is warranted due to exceptional circumstances. Such alien's nonimmigrant status shall be extended beyond the 4-year period authorized under this section if the alien is eligible for relief under section 1255(m) of this title and is unable to obtain such relief because regulations have not been issued to implement such section and shall be extended during the pendency of an application for adjustment of status under section 1255(m) of this title. The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under section 1101(a)(15)(U) of this title.
An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 1101(a)(15)(U)(i) of this title, and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes of section 1101(a)(15)(U)(ii) of this title, if the alien attains 21 years of age after such parent's petition was filed but while it was pending.
An alien described in clause (i) of section 1101(a)(15)(U) of this title shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien's application for status under such clause (i) is filed but while it is pending.
1 See References in Text note below.
2 So in original. The word "before" probably should not appear.
3 So in original. Probably should be "paragraph".
8 U.S.C. § 1184
Amendment of Section For termination of amendment by section 107(c) of Pub. L. 108-78 see Effective and Termination Dates of 2003 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 108-77 see Effective and Termination Dates of 2003 Amendment note below. For termination of amendment by section 501(c) of Pub. L. 100-449 see Effective and Termination Dates of 1988 Amendment note below.
EDITORIAL NOTES
REFERENCES IN TEXTThe International Organizations Immunities Act, referred to in subsec. (b), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, which is classified principally to subchapter XVIII (§288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables. Section 4605(j)(1)(A) of title 50, referred to in subsec. (c)(4)(F)(iii)(I), was repealed by Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232. Provisions similar to those in former section 4605(j)(1)(A) of title 50 can be found in section 4813(c)(1)(A)(i) of title 50, as enacted by Pub. L. 115-232.This chapter, referred to in subsecs. (c)(4)(H), (e), and (j), 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 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to in subsecs. (d)(3)(A) and (r)(5)(A), is section 3 of Pub. L. 109-162 which enacted sections 10447 and 12291 of Title 34, Crime Control and Law Enforcement, amended sections 10448, 10465, 12351, 12409, and 12464 of Title 34, repealed former section 3796gg-2 of Title 42, The Public Health and Welfare, and amended provisions set out as a note under section 10447 of Title 34.
CODIFICATIONIn subsec. (f)(1), "section 116 of title 46" substituted for "section 2101(46) of title 46, United States Code" on authority of Pub. L. 109-304, §18(c), Oct. 6, 2006, 120 Stat. 1709, section 4 of which enacted subtitle I of Title 46, Shipping. Section 503(b)(1)-(3) of Pub. L. 116-113 amended section 341 of Pub. L. 103-182 subsecs. (b) and (c) of which had amended this section, by transferring that section to the beginning of subtitle B of title III of Pub. L. 116-113 and renumbering it as section 311. Section 503(b)(4) of Pub. L. 116-113 subsequently repealed subsecs. (b) and (c) of the renumbered section 311. The amendments by section 503(b)(1)-(3) of Pub. L. 116-113 resulted in no change to the text of this section. See source credits above.
AMENDMENTS2020-Subsec. (e)(1). Pub. L. 116-113, §503(c)(1)(C), substituted "Annex 16-A of the USMCA (as defined in section 4502 of title 19)" for "Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as 'NAFTA')" and "For purposes of this paragraph, the term 'citizen of Mexico' means 'citizen' as defined in article 16.1 of the USMCA." for "The admission of an alien who is a citizen of Mexico shall be subject to paragraphs (3), (4), and (5). For purposes of this paragraph and paragraphs (3), (4), and (5), the term 'citizen of Mexico' means 'citizen' as defined in Annex 1608 of NAFTA." Pub. L. 116-113, §503(c)(1)(A), (B), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: "Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada and seeks to enter the United States under and pursuant to the provisions of Annex 1502.1 (United States of America), Part C-Professionals, of the United States-Canada Free-Trade Agreement to engage in business activities at a professional level as provided for therein may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor." Subsec. (e)(2). Pub. L. 116-113, §503(c)(1)(B), redesignated par. (6) as (2). Former par. (2) redesignated (1).Subsec. (e)(3) to (5). Pub. L. 116-113, §503(c)(1)(A), struck out pars. (3) to (5) which related to nonimmigrant professionals and annual numerical limit for citizens of Mexico.Subsec. (e)(6). Pub. L. 116-113, §503(c)(1)(B), redesignated par. (6) as (2).Subsec. (j)(1). Pub. L. 116-113, §503(c)(2), substituted, in first sentence,"Annex 16-A of the USMCA (as defined in section 4502 of title 19)" for "Annex 1603 of the North American Free Trade Agreement", in second sentence, "article 16.4 of the USMCA" for "article 1603 of such Agreement", and, in third sentence, "article 16.1 of the USMCA" for "Annex 1608 of such Agreement". 2015-Subsec. (g)(9)(A). Pub. L. 114-113 substituted "2013, 2014, or 2015 shall not again be counted toward such limitation during fiscal year 2016." for "2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007." 2013-Subsec. (d)(1). Pub. L. 113-4, §807(a)(1)(A), substituted "crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i)." for "crime."Subsec. (d)(2)(A). Pub. L. 113-4, §807(a)(1)(B), substituted "the Secretary of Homeland Security" for "a consular officer" and "the Secretary" for "the officer" in introductory provisions. Subsec. (d)(3)(B)(i). Pub. L. 113-4, §807(a)(1)(C), substituted "abuse, stalking, or an attempt to commit any such crime." for "abuse, and stalking."Subsec. (p)(7). Pub. L. 113-4, §805(a), added par. (7).Subsec. (r)(1). Pub. L. 113-4, §807(a)(2)(A), substituted "crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in subsection (5)(B)(i)." for "crime."Subsec. (r)(4)(B)(ii). Pub. L. 113-4, §807(a)(2)(B), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "A copy of the information and resources pamphlet on domestic violence developed under section 1375a(a) of this title shall be mailed to the beneficiary along with the notification required in clause (i)."Subsec. (r)(5)(B)(i). Pub. L. 113-4, §807(a)(3), substituted "abuse, stalking, or an attempt to commit any such crime." for "abuse, and stalking." 2008-Subsec. (a)(1). Pub. L. 110-229 substituted "Guam or the Commonwealth of the Northern Mariana Islands" for "Guam" wherever appearing and substituted "45 days" for "fifteen days".Subsec. (l)(1)(D)(ii). Pub. L. 110-362 substituted "10" for "5". Subsec. (o)(7)(B). Pub. L. 110-457, §201(b)(1), inserted dash after "if", designated remainder of existing provisions as cl. (i), and added cls. (ii) and (iii).Subsec. (o)(7)(C). Pub. L. 110-457, §201(b)(2), added subpar. (C).Subsec. (p)(6). Pub. L. 110-457, §201(c), inserted at end "The Secretary of Homeland Security may extend, beyond the 4-year period authorized under this section, the authorized period of status of an alien as a nonimmigrant under section 1101(a)(15)(U) of this title if the Secretary determines that an extension of such period is warranted due to exceptional circumstances. Such alien's nonimmigrant status shall be extended beyond the 4-year period authorized under this section if the alien is eligible for relief under section 1255(m) of this title and is unable to obtain such relief because regulations have not been issued to implement such section and shall be extended during the pendency of an application for adjustment of status under section 1255(m) of this title. The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under section 1101(a)(15)(U) of this title." 2006-Subsec. (c)(4)(A)(i), (ii). Pub. L. 109-463, §2(a), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:"(i) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, and"(ii) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete with respect to a specific athletic competition."Subsec. (c)(4)(F) to (H). Pub. L. 109-463, §2(b)-(d), added subpars. (F) to (H). Subsec. (d). Pub. L. 109-162, §832(a)(1), designated existing provisions as par. (1), inserted after second sentence "Such information shall include information on any criminal convictions of the petitioner for any specified crime.", substituted "Secretary of Homeland Security" for "Attorney General" wherever appearing, and added pars. (2) and (3). Subsec. (g)(9)(A). Pub. L. 109-364, §1074(a)(1), substituted "Subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007" for "Subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitations of paragraph (1)(B) during any 1 of the 3 fiscal years prior to the fiscal year of the approved start date of a petition for a nonimmigrant worker described in section 1101(a)(15)(H)(ii)(b) of this title shall not be counted toward such limitation for the fiscal year in which the petition is approved".Subsec. (g)(9)(B). Pub. L. 109-364, §1074(a)(2), substituted "to admit or otherwise provide status under section 1101(a)(15)(H)(ii)(b) of this title" for "referred to in subparagraph (A)" in introductory provisions.Subsec. (l)(2)(A). Pub. L. 109-162, §821(c)(2), substituted "1258(a)(2)" for "1258(2)". Subsec. (o)(7). Pub. L. 109-162, §821(a), added par. (7). Subsec. (p)(6). Pub. L. 109-162, §821(b), added par. (6). Subsec. (r)(1). Pub. L. 109-162, §832(a)(2)(A), inserted at end "Such information shall include information on any criminal convictions of the petitioner for any specified crime."Subsec. (r)(4), (5). Pub. L. 109-162, §832(a)(2)(B), added pars. (4) and (5). 2005-Subsec. (c)(13). Pub. L. 109-13, §403(a), added par. (13).Subsec. (c)(14). Pub. L. 109-13, §404(a), added par. (14).Subsec. (g)(9). Pub. L. 109-13, §402(a), added par. (9).Subsec. (g)(10). Pub. L. 109-13, §405, added par. (10).Subsec. (g)(11). Pub. L. 109-13, §501(b), added par. (11).Subsec. (i)(1). Pub. L. 109-13, §501(c), inserted ", section 1101(a)(15)(E)(iii) of this title," after "section 1101(a)(15)(H)(i)(b) of this title" in introductory provisions. 2004-Subsec. (c)(2)(A). Pub. L. 108-447, §413(a), struck out at end "In the case of an alien seeking admission under section 1101(a)(15)(L) of this title, the 1-year period of continuous employment required under such section is deemed to be reduced to a 6-month period if the importing employer has filed a blanket petition under this subparagraph and met the requirements for expedited processing of aliens covered under such petition."Subsec. (c)(2)(F). Pub. L. 108-447, §412(a), added subpar. (F).Subsec. (c)(9)(A). Pub. L. 108-447, §422(b)(1), struck out "October 1, 2003" before "a petition under paragraph (1)" in introductory provisions.Subsec. (c)(9)(B). Pub. L. 108-447, §422(b)(2), (3), substituted "$1,500" for "$1,000" and inserted before period at end "except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer)".Subsec. (c)(12). Pub. L. 108-447, §426(a), added par. (12).Subsec. (g)(5). Pub. L. 108-447, §425(a)(1), struck out "is employed (or has received an offer of employment) at" after "section 1101(a)(15)(H)(i)(b) of this title who" in introductory provisions.Subsec. (g)(5)(A). Pub. L. 108-447, §425(a)(2), inserted "is employed (or has received an offer of employment) at" before "an institution" and struck out "or" at end.Subsec. (g)(5)(B). Pub. L. 108-447, §425(a)(3), inserted "is employed (or has received an offer of employment) at" before "a nonprofit" and substituted "; or" for period at end.Subsec. (g)(5)(C). Pub. L. 108-447, §425(a)(4), added subpar. (C).Subsec. (l)(1)(D). Pub. L. 108-441, §1(c), (d), substituted "agrees to practice primary care or specialty medicine" for "agrees to practice medicine" and "except that-" for "except that, in the case of a request by the Department of Veterans Affairs, the alien shall not be required to practice medicine in a geographic area designated by the Secretary." and added cls. (i) to (iii).Subsec. (l)(2)(A). Pub. L. 108-441, §1(b), inserted at end "The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or an interested State agency." 2003-Subsec. (b). Pub. L. 108-77, §§107(c), 404, temporarily substituted "(other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section)" for "(other than a nonimmigrant described in subparagraph (H)(i), (L), or (V) of section 1101(a)(15) of this title)". See Effective and Termination Dates of 2003 Amendments note below. Subsec. (c)(1). Pub. L. 108-77, §§107(c), 404, temporarily substituted "subparagraph (H), (L), (O), or (P)(i) of section 1101(a)(15) of this title (excluding nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title)" for "section 1101(a)(15)(H), (L), (O), or (P)(i) of this title". See Effective and Termination Dates of 2003 Amendments note below. Subsec. (c)(11). Pub. L. 108-77, §§107(c), 402, temporarily added par. (11). See Effective and Termination Dates of 2003 Amendments note below.Subsec. (g)(8). Pub. L. 108-77, §§107(c), 402, temporarily added par. (8). See Effective and Termination Dates of 2003 Amendments note below.Subsec. (g)(8)(A). Pub. L. 108-78, §§107(c), 402, temporarily amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "The agreement referred to in section 1101(a)(15)(H)(i)(b1) of this title is the United States-Chile Free Trade Agreement." See Effective and Termination Dates of 2003 Amendments note below.Subsec. (g)(8)(B)(ii). Pub. L. 108-78, §§107(c), 402, temporarily amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "The annual numerical limitations described in clause (i) shall not exceed 1,400 for nationals of Chile for any fiscal year. For purposes of this clause, the term 'national' has the meaning given such term in article 14.9 of the United States-Chile Free Trade Agreement." See Effective and Termination Dates of 2003 Amendments note below.Subsec. (h). Pub. L. 108-77, §§107(c), 404, temporarily substituted "(H)(i)(b) or (c)" for "(H)(i)". See Effective and Termination Dates of 2003 Amendments note below.Subsec. (i)(1). Pub. L. 108-77, §§107(c), 402, temporarily substituted "Except as provided in paragraph (3), for purposes" for "For purposes". See Effective and Termination Dates of 2003 Amendments note below.Subsec. (i)(3). Pub. L. 108-77, §§107(c), 402, temporarily added par. (3). See Effective and Termination Dates of 2003 Amendments note below.Subsec. (j). Pub. L. 108-77, §§107(c), 403, temporarily designated existing provisions as par. (1), substituted "this paragraph" for "this subsection" in two places, and added par. (2). See Effective and Termination Dates of 2003 Amendments note below.Subsec. (m). Pub. L. 108-193, §8(a)(3), redesignated subsec. (m), relating to increased portability of H-1B status, as (n).Subsec. (n). Pub. L. 108-193, §8(a)(3), redesignated subsec. (m), relating to increased portability of H-1B status, as (n). Former subsec. (n), relating to nonimmigrants guilty of trafficking in persons, redesignated (o).Subsec. (n)(3). Pub. L. 108-193, §4(b)(2)(A), inserted "siblings," before "or parents". Subsec. (n)(4) to (6). Pub. L. 108-193, §4(b)(2)(B), added pars. (4) to (6).Subsec. (o). Pub. L. 108-193, §8(a)(3), redesignated subsec. (n) as (o). Former subsec. (o), relating to requirements applicable to section 1101(a)(15)(U) visas, redesignated (p). Another former subsec. (o), relating to employment of nonimmigrants described in section 1101(a)(15)(V) of this title, redesignated (q).Subsec. (p). Pub. L. 108-193, §8(a)(3), redesignated subsec. (o), relating to requirements applicable to section 1101(a)(15)(U) visas, as (p). Former subsec. (p) redesignated (r).Subsec. (q). Pub. L. 108-193, §8(a)(3), redesignated subsec. (o), relating to employment of nonimmigrants described in section 1101(a)(15)(V) of this title, as (q).Subsec. (r). Pub. L. 108-193, §8(a)(3), redesignated subsec. (p) as (r). 2002-Subsec. (c)(2)(A). Pub. L. 107-125, §2(a), inserted at end "In the case of an alien seeking admission under section 1101(a)(15)(L) of this title, the 1-year period of continuous employment required under such section is deemed to be reduced to a 6-month period if the importing employer has filed a blanket petition under this subparagraph and met the requirements for expedited processing of aliens covered under such petition." Subsec. (c)(2)(E). Pub. L. 107-125, §1, added subpar. (E). Subsec. (e)(6). Pub. L. 107-124 added par. (6). Subsec. (l)(1)(B). Pub. L. 107-273 substituted "30;" for "20;".Subsec. (m). Pub. L. 107-274 substituted "clause (i) or (iii) of section 1101(a)(15)(F)" for "section 1101(a)(15)(F)(i)" in two places in subsec. (m) relating to nonimmigrant elementary and secondary school students.2001-Subsec. (k)(2). Pub. L. 107-45, §1(2), redesignated par. (3) as (2). Pub. L. 107-45, §1(1), which directed that subsec. (k) be amended by striking (2), was executed by striking par. (2) to reflect the probable intent of Congress. Prior to amendment, par. (2) read as follows: "No alien may be admitted into the United States as such a nonimmigrant more than 7 years after September 13, 1994."Subsec. (k)(3). Pub. L. 107-45, §1(2), redesignated par. (4) as (3). Former par. (3) redesignated (2).Subsec. (k)(4). Pub. L. 107-45, §1(2), redesignated par. (5) as (4). Former par. (4) redesignated (3).Subsec. (k)(4)(E). Pub. L. 107-45, §1(3), substituted "paragraph (3)" for "paragraph (4)".Subsec. (k)(5). Pub. L. 107-45, §1(2), redesignated par. (5) as (4). 2000-Subsec. (b). Pub. L. 106-553, §1(a)(2) [title XI, §1102(d)(1)], substituted "(H)(i), (L), or (V)" for "(H)(i) or (L)". Subsec. (c)(9)(A). Pub. L. 106-311, §1(1), substituted "(excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001(a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing before October 1, 2003" for "(excluding an employer described in subparagraph (A) or (B) of section 1182(p)(1) of this title) filing (on or after December 1, 1998, and before October 1, 2001)".Subsec. (c)(9)(B). Pub. L. 106-311, §1(2), substituted "$1,000" for "$500".Subsec. (c)(10). Pub. L. 106-396 added par. (10).Subsec. (d). Pub. L. 106-553, §1(a)(2) [title XI, §1103(c)(1)], substituted "1101(a)(15)(K)(i)" for "1101(a)(15)(K)".Subsec. (g)(1)(A)(iv) to (vii). Pub. L. 106-313, §102(a), added cls. (iv) to (vi), redesignated former cl. (v) as (vii), and struck out former cl. (iv) which read as follows: "107,500 in fiscal year 2001; and".Subsec. (g)(3). Pub. L. 106-313, §108, amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status."Subsec. (g)(5) to (7). Pub. L. 106-313, §103, added pars. (5) to (7). Subsec. (h). Pub. L. 106-553, §1(a)(2) [title XI, §1102(d)(1)], substituted "(H)(i), (L), or (V)" for "(H)(i) or (L)". Subsec. (l). Pub. L. 106-386, §107(e)(2)(A), redesignated subsec. (l), relating to nonimmigrant elementary and secondary school students, as (m).Subsec. (m). Pub. L. 106-386, §107(e)(2)(A), redesignated subsec. (l), relating to nonimmigrant elementary and secondary school students, as (m). Pub. L. 106-313, §105(a), added subsec. (m) relating to increased portability of H-1B status. Subsec. (n). Pub. L. 106-386, §107(e)(2)(B), added subsec. (n).Subsec. (o). Pub. L. 106-553, §1(a)(2) [title XI, §1102(b)], added subsec. (o) relating to employment of nonimmigrants described in section 1101(a)(15)(V) of this title. Pub. L. 106-386, §1513(c), added subsec. (o) relating to requirements applicable to section 1101(a)(15)(U) visas.Subsec. (p). Pub. L. 106-553, §1(a)(2) [title XI, §1103(b)], added subsec. (p). 1999-Subsec. (k)(2). Pub. L. 106-104 substituted "7 years" for "5 years".1998-Subsec. (c)(9). Pub. L. 105-277, §414(a), added par. (9).Subsec. (g)(1)(A). Pub. L. 105-277, §411(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "under section 1101(a)(15)(H)(i)(b) of this title may not exceed 65,000, or".1997-Subsec. (l)(1)(D). Pub. L. 105-65 inserted before period at end ", except that, in the case of a request by the Department of Veterans Affairs, the alien shall not be required to practice medicine in a geographic area designated by the Secretary".1996-Subsec. (c)(2)(A). Pub. L. 104-208, §308(f)(1)(G), substituted "admission" for "entry". Subsec. (c)(5)(B). Pub. L. 104-208, §308(f)(3)(B), substituted "is admitted to" for "enters".Subsec. (d). Pub. L. 104-208, §308(g)(5)(A)(i), (7) (A), substituted "sections 1229a and 1231" for "sections 1252 and 1253". Pub. L. 104-208, §308(f)(1)(H), substituted "admission" for "entry". Pub. L. 104-208, §308(e)(2)(B), substituted "removed" for "deported".Subsec. (f)(1). Pub. L. 104-208, §671(e)(4)(A), substituted "section 40102(a)(2) of title 49" for "section 101(3) of the Federal Aviation Act of 1958".Subsec. (j). Pub. L. 104-208, §671(a)(3)(A), redesignated subsec. (j), relating to numerical limitations on the number of aliens provided with nonimmigrant visas, as (k).Subsec. (j)(1). Pub. L. 104-208, §621, substituted "200" for "100" and "50" for "25".Subsec. (k). Pub. L. 104-208, §671(a)(3)(A), redesignated subsec. (j), relating to numerical limitations on the number of aliens provided with nonimmigrant visas, as (k). Former (k) redesignated (l). Pub. L. 104-208, §622(c), amended subsec. (k) generally, substituting provisions relating to requests by interested State and Federal agencies for waivers of the two-year foreign residence requirement under section 1182(e) of this title for former provisions relating to requests by interested State agencies for such waivers. Subsec. (k)(4)(C). Pub. L. 104-208, §308(e)(1)(D), amended subsec. (k)(4)(C), as redesignated by Pub. L. 104-208, §671(a)(3)(A), by substituting "removal" for "deportation".Subsec. (l). Pub. L. 104-208, §671(a)(3)(A), redesignated subsec. (k) as (l). Pub. L. 104-208, §625(a)(1), added subsec. (l) relating to nonimmigrant elementary and secondary school students.1994-Subsec. (j). Pub. L. 103-322 added subsec. (j) relating to numerical limitations on the number of aliens provided with nonimmigrant visas.Subsec. (k). Pub. L. 103-416 added subsec. (k). 1993-Subsec. (e). Pub. L. 116-113, §311(b), formerly Pub. L. 103-182, §341(b), as renumbered by Pub. L. 116-113, §503(b)(1)-(3), designated existing provisions as par. (1) and added pars. (2) to (5).Subsec. (j). Pub. L. 116-113, §311(c), formerly Pub. L. 103-182, §341(c), as renumbered by Pub. L. 116-113, §503(b)(1)-(3), added subsec. (j).1991-Subsec. (a)(2)(A). Pub. L. 102-232, §303(a)(11), substituted "described in section 1101(a)(15)(O)" for "under section 1101(a)(15)(O)". Pub. L. 102-232, §205(d), inserted "(or events)" after "event".Subsec. (a)(2)(B). Pub. L. 102-232, §206(a), designated cl. (i) as subpar. (B) and struck out cl. (ii) which read as follows: "An alien who is admitted as a nonimmigrant under clause (ii) or (iii) of section 1101(a)(15)(P) of this title may not be readmitted as such a nonimmigrant unless the alien has remained outside the United States for at least 3 months after the date of the most recent admission. The Attorney General may waive the application of the previous sentence in the case of individual tours in which the application would work an undue hardship."Subsec. (c)(2)(A). Pub. L. 102-232, §303(a)(10)(A), substituted "individual petitions" for "individuals petitions".Subsec. (c)(2)(D). Pub. L. 102-232, §303(a)(10)(B), substituted "involves" for "involved". Subsec. (c)(3). Pub. L. 102-232, §205(e), inserted at end "The Attorney General shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 1101(a)(15)(O)(i) of this title because of extraordinary ability in the arts and who seek readmission to perform similar services within 2 years after the date of a consultation under such subparagraph. Not later than 5 days after the date such a waiver is provided, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization."Subsec. (c)(3)(A). Pub. L. 102-232, §204(1), substituted "after consultation in accordance with paragraph (6)" for "after consultation with peer groups in the area of the alien's ability". Subsec. (c)(3)(B). Pub. L. 102-232, §204(2), substituted "after consultation in accordance with paragraph (6) or, in the case of such an alien seeking entry for a motion picture or television production, after consultation with such a labor organization and a management organization in the area of the alien's ability" for "after consultation with labor organizations with expertise in the skill area involved".Subsec. (c)(4)(A), (B). Pub. L. 102-232, §203(b), added subpars. (A) and (B) and redesignated former subpars. (A) and (B) as (C) and (D), respectively. Subsec. (c)(4)(C). Pub. L. 102-232, §204(3), struck out "clause (ii) of" after "under". Pub. L. 102-232, §203(b), redesignated subpar. (A) as (C). Former subpar. (C) redesignated (E). Subsec. (c)(4)(D). Pub. L. 102-232, §204(4), substituted "after consultation in accordance with paragraph (6)" for "after consultation with labor organizations with expertise in the specific field of athletics or entertainment involved". Pub. L. 102-232, §203(b), redesignated subpar. (B) as (D).Subsec. (c)(4)(E). Pub. L. 102-232, §206(c)(2), struck out before period at end ", in order to assure reciprocity in fact with foreign states". Pub. L. 102-232, §203(b), redesignated subpar. (C) as (E).Subsec. (c)(5). Pub. L. 102-232, §207(a), designated existing provisions as subpar. (A) and added subpar. (B).Subsec. (c)(5)(A). Pub. L. 102-232, §303(a)(12), substituted "1101(a)(15)(H)(ii)(b)" for "1101(H)(ii)(b)".Subsec. (c)(6), (7). Pub. L. 102-232, §204(5), (6), added par. (6) and redesignated former par. (6) as (7). Subsec. (c)(8). Pub. L. 102-232, §207(c)(1), added par. (8). Subsec. (g)(1). Pub. L. 102-232, §202(a), inserted "or" at end of subpar. (A), substituted a period for ", or" at end of subpar. (B), and struck out subpar. (C) which read as follows: "under section 1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of this title may not exceed 25,000." 1990-Subsec. (a). Pub. L. 101-649, §207(b)(1), designated existing provisions as par. (1) and added par. (2).Subsec. (b). Pub. L. 101-649, §205(b)(1), inserted "(other than a nonimmigrant described in subparagraph (H)(i) or (L) of section 1101(a)(15) of this title)" after "Every alien".Subsec. (c). Pub. L. 101-649, §§206(b), 207, designated existing provisions as par. (1), substituted reference to section 1101(a)(15)(H), (L), (O), or (P)(i) of this title for reference to section 1101(a)(15)(H) or (L) of this title, and added pars. (2) to (6).Subsec. (f). Pub. L. 101-649, §202(a), added subsec. (f).Subsecs. (g) to (i). Pub. L. 101-649, §205(a), (b) (2), (c)(2), added subsecs. (g) to (i).1988-Subsec. (c). Pub. L. 100-525, §2(l)(1), amended Pub. L. 99-603, §301(b). See 1986 Amendment note below.Subsec. (e). Pub. L. 100-449 temporarily added subsec. (e). See Effective and Termination Dates of 1988 Amendment note below.1986-Subsec. (a). Pub. L. 99-603, §313(b), inserted provision directing that no alien admitted without a visa pursuant to section 1187 of this title may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission.Subsec. (c). Pub. L. 99-603, §301(b), as amended by Pub. L. 100-525, §2(l)(1), inserted provisions relating to nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this title.Subsec. (d). Pub. L. 99-639, §3(a), substituted "have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry," for "have a bona fide intention to marry", and inserted ", except that the Attorney General in his discretion may waive the requirement that the parties have previously met in person". Pub. L. 99-639, §3(c), struck out last sentence which read: "In the event the marriage between the said alien and the petitioner shall occur within three months after the entry and they are found otherwise admissible, the Attorney General shall record the lawful admission for permanent residence of the alien and minor children as of the date of the payment of the required visa fees."1984-Subsec. (a). Pub. L. 98-454 inserted "No alien admitted to Guam without a visa pursuant to section 1182(l) of this title may be authorized to enter or stay in the United States other than in Guam or to remain in Guam for a period exceeding fifteen days from date of admission to Guam." 1970-Subsec. (c). Pub. L. 91-225, §3(a), inserted reference to subpar. (L) of section 1101(a)(15) of this title. Subsec. (d). Pub. L. 91-225, §3(b), added subsec. (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116-113, title V, §503(f), Jan. 29, 2020, 134 Stat. 72, provided that:"(1) IN GENERAL.-Each transfer, redesignation, and amendment made by this section [amending this section and sections 1365a and 1773 of this title and redesignating section 341 of Pub. L. 103-182 as section 311 of Pub. L. 116-113 and transferring it from section 3401 of Title 19, Customs Duties, to section 4561 of Title 19] shall-"(A) take effect on the date on which the USMCA enters into force [July 1, 2020]; and"(B) apply with respect to a visa issued on or after that date."(2) TRANSITION FROM NAFTA.-In the case of a visa issued before the date on which the USMCA enters into force- "(A) the transfers, redesignations, and amendments made by this section shall not apply with respect to the visa; and"(B) the provisions of law amended by subsections (b) through (d) [see bracket above], as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the visa." [For definition of "USMCA" as used in section 503(f) of Pub. L. 116-113 set out above, see section 4502 of Title 19, Customs Duties.]
EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113-4, title VIII, §805(b), Mar. 7, 2013, 127 Stat. 111, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if enacted as part of the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106-386; 114 Stat. 1464)."
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-457 effective Dec. 23, 2008, and applicable to applications for immigration benefits filed on or after Dec. 23, 2008, see section 201(f) of Pub. L. 110-457 set out as a note under section 1101 of this title.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 2006 AMENDMENT Pub. L. 109-364, div. A, title X, §1074(c), Oct. 17, 2006, 120 Stat. 2403, provided that: "The amendments made by this section [amending this section and provisions set out as a note under this section] shall take effect on October 1, 2006. If this section is enacted after October 1, 2006, the amendments made by this section shall take effect as if enacted on such date." Pub. L. 109-162, title VIII, §832(a)(3), Jan. 5, 2006, 119 Stat. 3068, provided that: "The amendments made by this subsection [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Jan. 5, 2006]."
EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109-13, div. B, title IV, §402(b), May 11, 2005, 119 Stat. 318, as amended by Pub. L. 109-364, div. A, title X, §1074(b), Oct. 17, 2006, 120 Stat. 2403, provided that:"(1) IN GENERAL.-The amendment in subsection (a) [amending this section] shall take effect as if enacted on October 1, 2004."(2) IMPLEMENTATION.-Not later than 14 days after the date of the enactment of this Act [May 11, 2005], the Secretary of Homeland Security shall begin accepting and processing petitions filed on behalf of aliens described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(ii)(b) ], in a manner consistent with this section [amending this section] and the amendments made by this section. Notwithstanding section 214(g)(9)(B) of such Act [ 8 U.S.C. 1184(g)(9)(B) ], as added by subsection (a), the Secretary of Homeland Security shall allocate additional numbers for fiscal year 2005 based on statistical estimates and projections derived from Department of State data." Pub. L. 109-13, div. B, title IV, §403(c), May 11, 2005, 119 Stat. 319, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 1356 of this title] shall take effect 14 days after the date of the enactment of this Act [May 11, 2005] and shall apply to filings for a fiscal year after fiscal year 2005." Pub. L. 109-13, div. B, title IV, §404(b), May 11, 2005, 119 Stat. 320, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2005."
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-447, div. J, title IV, §412(b), Dec. 8, 2004, 118 Stat. 3352, provided that: "The amendment made by subsection (a) [amending this section] shall apply to petitions filed on or after the effective date of this subtitle [subtitle A, effective 180 days after Dec. 8, 2004, see below], whether for initial, extended, or amended classification." Pub. L. 108-447, div. J, title IV, §413(b), Dec. 8, 2004, 118 Stat. 3352, provided that: "The amendment made by subsection (a) [amending this section] shall apply only to petitions for initial classification filed on or after the effective date of this subtitle [subtitle A, effective 180 days after Dec. 8, 2004, see below]." Pub. L. 108-447, div. J, title IV, §417, Dec. 8, 2004, 118 Stat. 3353, provided that: "This subtitle [subtitle A (§§411-417) of title IV of div. J of Pub. L. 108-447 enacting section 1380 of this title, amending this section, and enacting provisions set out as notes under this section and section 1101 of this title] and the amendments made by this subtitle shall take effect 180 days after the date of enactment of this Act [Dec. 8, 2004]." Amendment by sections 422(b) and 426(a) of Pub. L. 108-447 effective Dec. 8, 2004, and amendment by section 425(a) of Pub. L. 108-447 effective 90 days after Dec. 8, 2004, see section 430 of Pub. L. 108-447 set out as a note under section 1182 of this title. Pub. L. 108-447, div. J, title IV, §426(c), Dec. 8, 2004, 118 Stat. 3358, provided that: "The amendments made by this section [amending this section and section 1356 of this title] shall take effect on the date of enactment of this Act [Dec. 8, 2004], and the fees imposed under such amendments shall apply to petitions under section 214(c) of the Immigration and Nationality Act [ 8 U.S.C. 1184(c) ], and applications for nonimmigrant visas under section 222 of such Act [ 8 U.S.C. 1202 ], filed on or after the date that is 90 days after the date of the enactment of this Act."
EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTSAmendment by Pub. L. 108-78 effective on the date the United States-Singapore 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. 108-78 set out in a note under section 3805 of Title 19, Customs Duties.Amendment 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 as a note under section 3805 of Title 19, Customs Duties.
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-273 effective as if enacted May 31, 2002, see section 11018(d) of Pub. L. 107-273 set out as a note under section 1182 of this title.
EFFECTIVE DATE OF 2000 AMENDMENTS Amendment by section 1(a)(2) [title XI, §1102(b), (d)(1)] of Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien who is beneficiary of classification petition filed under section 1154 of this title on or before Dec. 21, 2000, see section 1(a)(2) [title XI, §1102(e)] of Pub. L. 106-553 set out as a note under section 1101 of this title. Amendment by section 1(a)(2) [title XI, §1103(b), (c)(1)] of Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien who is beneficiary of classification petition filed under section 1154 of this title before, on, or after Dec. 21, 2000, see section 1(a)(2) [title XI, §1103(d)] of Pub. L. 106-553 set out as a note under section 1101 of this title. Pub. L. 106-313, title I, §105(b), Oct. 17, 2000, 114 Stat. 1253, provided that: "The amendment made by subsection (a) [amending this section] shall apply to petitions filed before, on, or after the date of enactment of this Act [Oct. 17, 2000]." Pub. L. 106-311, §2, Oct. 17, 2000, 114 Stat. 1247, provided that: "The amendment made by section 1(2) [amending this section] shall apply only to petitions that are filed on or after the date that is 2 months after the date of the enactment of this Act [Oct. 17, 2000]."
EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-277, div. C, title IV, §411(b), Oct. 21, 1998, 112 Stat. 2681-642, provided that: "The amendment made by subsection (a) [amending this section] applies beginning with fiscal year 1999."
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(e)(1)(D), (2)(B), (f)(1)(G), (H), (3)(B), (g)(5)(A)(i), (7)(A) of Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title.Amendment by section 625(a)(1) of Pub. L. 104-208 applicable to individuals who obtain status of nonimmigrant under section 1101(a)(15)(F) of this title after end of 60-day period beginning Sept. 30, 1996, including aliens whose status as such a nonimmigrant is extended after end of such period, see section 625(c) of Pub. L. 104-208 set out as a note under section 1101 of this title. Amendment by section 671(a)(3)(A) of Pub. L. 104-208 effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322 see section 671(a)(7) of Pub. L. 104-208 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-416 applicable to aliens admitted to United States under section 1101(a)(15)(J) of this title, or acquiring such status after admission to United States, before, on, or after Oct. 25, 1994, and before Sept. 30, 2015, subject to extensions, see section 220(c) of Pub. L. 103-416 as amended, set out as an Effective and Termination Dates of 1994 Amendment note under section 1182 of this title, and bracketed notes thereunder.
EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-182 effective on date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 342 of Pub. L. 103-182 formerly set out as a note under section 4561 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1) of Pub. L. 102-232 effective Apr. 1, 1992, see section 208 of Pub. L. 102-232 set out as a note under section 1101 of this title.Amendment by section 303(a)(10)-(12) 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.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 202(a) of Pub. L. 101-649 effective 60 days after Nov. 29, 1990, see section 202(c) of Pub. L. 101-649 set out as a note under section 1182 of this title.Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) 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.
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTAmendment by Pub. L. 100-525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525 set out as an Effective Date of 1988 Amendment note under section 1101 of this title.Amendment by Pub. L. 100-449 effective on the date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100-449 set out in a note under section 2112 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1986 AMENDMENTS Pub. L. 99-639, §3(d)(1), (3), Nov. 10, 1986, 100 Stat. 3542, provided that:"(1) The amendments made by subsection (a) [amending this section] shall apply to petitions approved on or after the date of the enactment of this Act [Nov. 10, 1986]. "(3) The amendment made by subsection (c) [amending this section] shall apply to aliens issued visas under section 101(a)(15)(K) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(K) ] on or after the date of the enactment of this Act."Amendment by section 301(b) of Pub. L. 99-603 applicable to petitions and applications filed under sections 1184(c) and 1188 of this title on or after the first day of the seventh month beginning after Nov. 6, 1986, see section 301(d) of Pub. L. 99-603 as amended, set out as an Effective Date note under section 1188 of this title.
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.
AUTHORIZATION FOR INCREASE IN NONAGRICULTURAL WORKER VISAS IN CERTAIN FISCAL YEARS Pub. L. 118-47, div. G, title I, §105, Mar. 23, 2024, 138 Stat. 856, provided that: "Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon the determination that the needs of United States businesses cannot be satisfied during fiscal year 2024 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) in such fiscal year by not more than the highest number of H-2B nonimmigrants who participated in the H-2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation."Similar provisions were contained in the following prior appropriation acts: Pub. L. 117-328, div. O, title III, §303, Dec. 29, 2022, 136 Stat. 5227. Pub. L. 117-103, div. O, title II, §204, Mar. 15, 2022, 136 Stat. 788. Pub. L. 116-260, div. O, title I, §105, Dec. 27, 2020, 134 Stat. 2148.
LIMITATION ON USE OF CERTAIN INFORMATION Pub. L. 109-162, title VIII, §832(b), Jan. 5, 2006, 119 Stat. 3068, provided that: "The fact that an alien described in clause (i) or (ii) of section 101(a)(15)(K) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K) ) is aware of any information disclosed under the amendments made by this section [amending this section] or under section 833 [enacting section 1375a of this title and repealing section 1375 of this title] shall not be used to deny the alien eligibility for relief under any other provision of law."
EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT Pub. L. 109-13, div. B, title IV, §407, May 11, 2005, 119 Stat. 321, 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 sections 402, 403, and 405 [amending this section and section 1356 of this title and enacting provisions set out as notes under this section] or the amendments made by such sections to the extent the Secretary Homeland of Security, the Secretary of Labor, or the Secretary of State determine that compliance with any such requirement would impede the expeditious implementation of such sections or the amendments made by such sections."
L VISA INTERAGENCY TASK FORCE AND INSPECTOR GENERAL REPORT Pub. L. 108-447, div. J, title IV, §§415, Dec. 8, 2004, 416, Dec. 8, 2004, 118 Stat. 3352, provided that:
"SEC. 415. INSPECTOR GENERAL REPORT ON L VISA PROGRAM. "Not later than 6 months after the date of enactment of this Act [Dec. 8, 2004], the Inspector General of the Department of Homeland Security shall, consistent with the authority granted the Department under section 428 of the Homeland Security Act of 2002 ( 6 U.S.C. 236 ), examine and report to the Committees on the Judiciary of the House of Representatives and the Senate on the vulnerabilities and potential abuses in the visa program carried out under section 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) with respect to nonimmigrants described in section 101(a)(15)(L) of such Act ( 8 U.S.C. 1101(a)(15)(L) ).
"SEC. 416. ESTABLISHMENT OF TASK FORCE. "(a) ESTABLISHMENT.-Not later than 6 months after the date of enactment of this Act [Dec. 8, 2004], there shall be established an L Visa Interagency Task Force that consists of representatives from the Department of Homeland Security, the Department of Justice, and the Department of State. The Secretaries of each Department and each relevant bureau of the Department of Homeland Security shall appoint designees to the L Visa Interagency Task Force. The L Visa Interagency Task Force shall consult with other agencies deemed appropriate."(b) REPORT.-Not later than 6 months after the submission of the report by the Inspector General of the Department of Homeland Security in accordance with section 6 [probably means section 415 of div. J. of Pub. L. 108-447], the L Visa Interagency Task Force shall report to the Committees on the Judiciary of the House of Representatives and the Senate on the efforts to implement the recommendations set forth by the Inspector General's report. The L Visa Interagency Task Force shall note specific areas of agreement and disagreement, and make recommendations to Congress on the findings of the Task Force, including any suggestions for legislation. The Task Force shall also review other additional issues as may be raised by the Inspector General's report or by the Task Force's own deliberations regarding the policies and purposes of the visa program relative to national goals and transnational commerce."
STATISTICAL INFORMATION ON COUNTRY OF ORIGIN, OCCUPATION, EDUCATIONAL LEVEL AND COMPENSATION Pub. L. 108-447, div. J, title IV, §425(b), Dec. 8, 2004, 118 Stat. 3356, provided that: "Beginning on the date of enactment of this Act [Dec. 8, 2004], the Secretary of Homeland Security shall maintain statistical information on the country of origin and occupation of, educational level maintained by, and compensation paid to, each alien who is issued a visa or otherwise provided nonimmigrant status and is exempt under section 214(g)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(5) ) for each fiscal year. The statistical information shall be included in the annual report to Congress under section 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( Public Law 105-277; 112 Stat. 2681-655) [set out below]."
ADDITIONAL VISAS FOR FISCAL YEARS 1999 AND 2000 Pub. L. 106-313, title I, §102(b), Oct. 17, 2000, 114 Stat. 1251, provided that:"(1) IN GENERAL.-(A) Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(A)(ii) ), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act [ 8 U.S.C. 1101(a)(15)(H)(i)(b) ] in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999."(B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(i)(b) is filed before September 1, 2000, and is subsequently approved, that alien shall be counted toward the numerical ceiling for fiscal year 2000 notwithstanding the date of the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased by a number equal to the number of aliens who may be issued visas or otherwise provided nonimmigrant status who filed a petition during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(iii) is reached and ending on August 31, 2000."(2) EFFECTIVE DATE.-Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) [see Effective Date of 1998 Amendment note above]."
ONE-TIME PROTECTION UNDER PER COUNTRY CEILING Pub. L. 106-313, title I, §104(c), Oct. 17, 2000, 114 Stat. 1253, provided that: "Notwithstanding section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) ), any alien who- "(1) is the beneficiary of a petition filed under section 204(a) of that Act [ 8 U.S.C. 1154(a) ] for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act [ 8 U.S.C. 1153(b) ]; and "(2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs,may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon."
SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS Pub. L. 106-313, title I, §106(a), (b), Oct. 17, 2000, 114 Stat. 1253, 1254, as amended by Pub. L. 107-273, div. C, title I, §11030A, Nov. 2, 2002, 116 Stat. 1836, provided that:"(a) EXEMPTION FROM LIMITATION.-The limitation contained in section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) ) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ), if 365 days or more have elapsed since the filing of any of the following: "(1) Any application for labor certification under section 212(a)(5)(A) of such Act ( 8 U.S.C. 1182(a)(5)(A) ), in a case in which certification is required or used by the alien to obtain status under section 203(b) of such Act ( 8 U.S.C. 1153(b) )."(2) A petition described in section 204(b) of such Act ( 3 U.S.C. 1154(b) ) [ 8 U.S.C. 1154(b) ] to accord the alien a status under section 203(b) of such Act. "(b) EXTENSION OF H-1B WORKER STATUS.-The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made- "(1) to deny the application described in subsection (a)(1), or, in a case in which such application is granted, to deny a petition described in subsection (a)(2) filed on behalf of the alien pursuant to such grant;"(2) to deny the petition described in subsection (a)(2); or"(3) to grant or deny the alien's application for an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence."
EXCLUSION OF CERTAIN "J" NONIMMIGRANTS FROM NUMERICAL LIMITATIONS APPLICABLE TO "H-1B" NONIMMMIGRANTS Pub. L. 106-313, title I, §114, Oct. 17, 2000, 114 Stat. 1262, provided that: "The numerical limitations contained in section 102 of this title [amending this section and enacting provisions set out as a note above] shall not apply to any nonimmigrant alien granted a waiver that is subject to the limitation contained in paragraph (1)(B) of the first section 214(l) of the Immigration and Nationality Act [ 8 U.S.C. 1184(l) ] (relating to restrictions on waivers)."
IMPROVING COUNT OF H-1B AND H-2B NONIMMIGRANTS Pub. L. 105-277, div. C, title IV, §416, Oct. 21, 1998, 112 Stat. 2681-655, as amended by Pub. L. 109-13, div. B, title IV, §406, May 11, 2005, 119 Stat. 320, provided that:"(a) ENSURING ACCURATE COUNT.-The Secretary of Homeland Security shall take such steps as are necessary to maintain an accurate count of the number of aliens subject to the numerical limitations of section 214(g)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1) ) who are issued visas or otherwise provided nonimmigrant status."(b) REVISION OF PETITION FORMS.-The Secretary of Homeland Security shall take such steps as are necessary to revise the forms used for petitions for visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) so as to ensure that the forms provide the Secretary of Homeland Security with sufficient information to permit the Secretary of Homeland Security accurately to count the number of aliens subject to the numerical limitations of section 214(g)(1) of such Act ( 8 U.S.C. 1184(g)(1) ) who are issued visas or otherwise provided nonimmigrant status."(c) PROVISION OF INFORMATION.- "(1) QUARTERLY NOTIFICATION.-Beginning not later than 60 days after the first day of fiscal year 1999, the Secretary of Homeland Security shall notify, on a quarterly basis, the Committees on the Judiciary of the United States House of Representatives and the Senate of the numbers of aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(b) ] during the preceding 3-month period. "(2) ANNUAL SUBMISSION.-Beginning with fiscal year 2000, the Secretary of Homeland Security shall submit on an annual basis, to the Committees on the Judiciary of the United States House of Representatives and the Senate, information on the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(b) ] during the previous fiscal year. With respect to the first submission under this paragraph, the information shall relate solely to aliens provided nonimmigrant status after the date that is 60 days after the date on which final regulations are issued to carry out section 412(a) [amending section 1182 of this title]."(3) SPECIFICATION OF NUMBER OF PETITIONS FILED BY CERTAIN EMPLOYERS.-Each notification under paragraph (1), and each submission under paragraph (2), shall include the number of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1) of the Immigration and Nationality Act [ 8 U.S.C. 1182(p)(1) ] (as added by section 415 of this title)."(d) PROVISION OF INFORMATION.- "(1) SEMIANNUAL NOTIFICATION.-Beginning not later than March 1, 2006, the Secretary of Homeland Security and the Secretary of State shall notify, on a semiannual basis, the Committees on the Judiciary of the House of Representatives and the Senate of the number of aliens who during the preceding 1-year period-"(A) were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ); or"(B) had such a visa or such status be revoked or otherwise terminated. "(2) ANNUAL SUBMISSION.-Beginning in fiscal year 2007, the Secretary of Homeland Security and the Secretary of State shall submit, on an annual basis, to the Committees on the Judiciary of the House of Representatives and the Senate-"(A) information on the countries of origin of, occupations of, and compensation paid to aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) during the previous fiscal year;"(B) the number of aliens who had such a visa or such status expire or be revoked or otherwise terminated during each month of such fiscal year; and"(C) the number of aliens who were provided nonimmigrant status under such section during both such fiscal year and the preceding fiscal year."(3) INFORMATION MAINTAINED BY STATE.-If the Secretary of Homeland Security determines that information maintained by the Secretary of State is required to make a submission described in paragraph (1) or (2), the Secretary of State shall provide such information to the Secretary of Homeland Security upon request."
REPORTING ON STUDIES SHOWING ECONOMIC IMPACT OF H-1B NONIMMIGRANT INCREASE Pub. L. 105-277, div. C, title IV, §418(b), Oct. 21, 1998, 112 Stat. 2681-657, provided that: "The Chairman of the Board of Governors of the Federal Reserve System, the Director of the Office of Management and Budget, the Chair of the Council of Economic Advisers, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Labor, and any other member of the Cabinet, shall promptly report to the Congress the results of any reliable study that suggests, based on legitimate economic analysis, that the increase effected by section 411(a) of this title [amending this section] in the number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(b) ] has had an impact on any national economic indicator, such as the level of inflation or unemployment, that warrants action by the Congress."
DEADLINE FOR FIRST REPORT WITH RESPECT TO PETITIONS Pub. L. 102-232, title II, §207(c)(2), Dec. 12, 1991, 105 Stat. 1742, provided that: "The first report under section 214(c)(8) of the Immigration and Nationality Act [ 8 U.S.C. 1184(c)(8) ] shall be provided not later than April 1, 1993."
DELAY UNTIL APRIL 1, 1992, IN APPLICATION OF SUBSECTION (G)(1)(C) OF THIS SECTIONSee section 3 of Pub. L. 102-110 set out as a Delay Until April 1, 1992, in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models note under section 1101 of this title.
WORK AUTHORIZATION DURING PENDING LABOR DISPUTES Pub. L. 101-649, title II, §207(c), Nov. 29, 1990, 104 Stat. 5026, as amended by Pub. L. 102-232, title III, §303(a)(13), Dec. 12, 1991, 105 Stat. 1748, provided that:"(1) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(ii)(a) ]) and who is authorized to be employed in an occupation, if nonimmigrants constitute a majority of the members of the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the employer which strike or lockout is pending on the date of the enactment of this Act [Nov. 29, 1990] the alien-"(A) continues to be authorized to be employed in the occupation for that employer, and"(B) is authorized to be employed in any occupation for any other employer so long as such strike or lockout continues with respect to that occupation and employer."(2) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act) and who is authorized to be employed in an occupation, if nonimmigrants do not constitute a majority of the members of the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the employer which strike or lockout is pending on the date of the enactment of this Act the alien-"(A) is not authorized to be employed in the occupation for that employer, and"(B) is authorized to be employed in any occupation for any other employer so long as there is no strike or lockout with respect to that occupation and employer."(3) With respect to a nonimmigrant described in paragraph (1) or (2) who does not perform unauthorized employment, any limit on the period of authorized stay shall be extended by the period of the strike or lockout, except that any such extension may not continue beyond the maximum authorized period of stay."(4) The provisions of this subsection shall take effect on the date of the enactment of this Act."
OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS (F NONIMMIGRANTS) Pub. L. 101-649, title II, §221, Nov. 29, 1990, 104 Stat. 5027, as amended by Pub. L. 102-232, title III, §303(b)(1), (2), Dec. 12, 1991, 105 Stat. 1748; Pub. L. 103-416, title II, §215(a), Oct. 25, 1994, 108 Stat. 4315, provided that:"(a) 5-YEAR PROVISION.-With respect to work authorization for aliens admitted as nonimmigrant students described in subparagraph (F) of section 101(a)(15) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15) ] during the 5-year period beginning October 1, 1991, the Attorney General shall grant such an alien work authorization to be employed off-campus if-"(1) the alien has completed 1 academic year as such a nonimmigrant and is maintaining good academic standing at the educational institution, "(2) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer (A) has recruited for at least 60 days for the position and (B) will provide for payment to the alien and to other similarly situated workers at a rate equal to not less than the actual wage level for the occupation at the place of employment or, if greater, the prevailing wage level for the occupation in the area of employment, and"(3) the alien will not be employed more than 20 hours each week during the academic term (but may be employed on a full-time basis during vacation periods and between academic terms).If the Secretary of Labor determines that an employer has provided an attestation under paragraph (2) that is materially false or has failed to pay wages in accordance with the attestation, after notice and opportunity for a hearing, the employer shall be disqualified from employing an alien student under this subsection."(b) REPORT TO CONGRESS.-Not later than April 1, 1996, the Commissioner of Immigration and Naturalization and the Secretary of Labor shall prepare and submit to the Congress a report on- "(1) whether the program of work authorization under subsection (a) should be extended, and"(2) the impact of such program on prevailing wages of workers."
LIMITATION ON ADMISSION OF ALIENS SEEKING EMPLOYMENT IN THE VIRGIN ISLANDS Notwithstanding any other provision of law, the Attorney General not to be authorized, on or after Sept. 30, 1982, to approve any petition filed under subsec. (c) of this section in the case of importing any alien as a nonimmigrant under section 1101(a)(15)(H)(ii) of this title for employment in the Virgin Islands of the United States other than as an entertainer or as an athlete and for a period not exceeding 45 days, see section 3 of Pub. L. 97-271 set out as a note under section 1255 of this title.
IMPORTATION OF SHEEPHERDERS; TERMINATION OF QUOTA DEDUCTIONSQuota deductions authorized by acts June 30, 1950, ch. 423, 64 Stat. 306; Apr. 9, 1952, ch. 171, 66 Stat. 50, terminated effective July 1, 1957.
CANCELLATION OF CERTAIN NONIMMIGRANT DEPARTURE BONDSPub. L. 85-531, July 18, 1958, 72 Stat. 375, authorized the Attorney General, upon application made not later than July 18, 1963, to cancel any departure bond posted pursuant to the Immigration Act of 1924, as amended, or the Immigration and Nationality Act [this chapter], on behalf of any refugee who entered the United States as a nonimmigrant after May 6, 1945, and prior to July 1, 1953, and who had his immigration status adjusted to that of an alien admitted for permanent residence pursuant to any public or private law.
- 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.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- 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.
- crewman
- The term "crewman" means a person serving in any capacity on board a vessel or aircraft.
- executive capacity
- The term "executive capacity" means an assignment within an organization in which the employee primarily-(i) directs the management of the organization or a major component or function of the organization;(ii) establishes the goals and policies of the organization, component, or function;(iii) exercises wide latitude in discretionary decision-making; and(iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
- extraordinary ability
- The term "extraordinary ability" means, for purposes of subsection (a)(15)(O)(i), in the case of the arts, distinction.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- Commissioner
- The terms "Commissioner" and "Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively.
- 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.
- 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.