8 U.S. Code § 1182 - Inadmissible aliens | U.S. Code | US Law | LII / Legal Information Institute

8 U.S. Code § 1182 - Inadmissible aliens | U.S. Code | US Law | LII / Legal Information Institute
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8 U.S. Code § 1182 - Inadmissible aliens
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(a)
Classes of aliens ineligible for visas or admission
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
(1)
Health-related grounds
(A)
In general
Any
alien
(i)
who is determined (in accordance with regulations prescribed by the Secretary of Health and Human
Services
) to have a communicable disease of public health significance;
[1]
(ii)
except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an
alien
lawfully admitted for permanent residence
, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,
(iii)
who is determined (in accordance with regulations prescribed by the Secretary of Health and Human
Services
in consultation with the
Attorney General
)—
(I)
to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the
alien
or others, or
(II)
to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the
alien
or others and which behavior is likely to recur or to lead to other harmful behavior, or
(iv)
who is determined (in accordance with regulations prescribed by the Secretary of Health and Human
Services
) to be a drug abuser or addict,
is inadmissible.
(B)
Waiver authorized
For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).
(C)
Exception from immunization requirement for adopted children 10 years of age or younger
Clause (ii) of subparagraph (A) shall not apply to a child who—
(i)
is 10 years of age or younger,
(ii)
is described in subparagraph (F) or (G) of
section 1101(b)(1) of this title
and
(iii)
is seeking an
immigrant visa
as an immediate relative under
section 1151(b) of this title
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.
(2)
Criminal and related grounds
(A)
Conviction of certain crimes
(i)
In general
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—
(I)
a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
(II)
a violation of (or a conspiracy or attempt 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
),
is inadmissible.
(ii)
Exception
Clause (i)(I) shall not apply to an
alien
who committed only one crime if—
(I)
the crime was committed when the
alien
was under 18 years of age, and the crime was committed (and the
alien
released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the
United States
, or
(II)
the maximum penalty possible for the crime of which the
alien
was convicted (or which the
alien
admits having committed or of which the acts that the
alien
admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the
alien
was convicted of such crime, the
alien
was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B)
Multiple criminal convictions
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.
(C)
Controlled substance traffickers
Any
alien
who the
consular officer
or the
Attorney General
knows or has reason to believe—
(i)
is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in
section 802 of title 21
), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or
(ii)
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.
(D)
Prostitution and commercialized vice
Any
alien
who—
(i)
is coming to the
United States
solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,
(ii)
directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii)
is coming to the
United States
to engage in any other unlawful commercialized vice, whether or not related to prostitution,
is inadmissible.
(E)
Certain aliens involved in serious criminal activity who have asserted immunity from prosecution
Any
alien
(i)
who has committed in the
United States
at any time a serious criminal offense (as defined in
section 1101(h) of this title
),
(ii)
for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii)
who as a consequence of the offense and exercise of immunity has departed from the
United States
, and
(iv)
who has not subsequently submitted fully to the jurisdiction of the court in the
United States
having jurisdiction with respect to that offense,
is inadmissible.
(F)
Waiver authorized
For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h).
(G)
Foreign government officials who have committed particularly severe violations of religious freedom
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.
(H)
Significant traffickers in persons
(i)
In general
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.
(ii)
Beneficiaries of trafficking
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.
(iii)
Exception for certain sons and daughters
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.
(I)
Money laundering
Any
alien
(i)
who a
consular officer
or the
Attorney General
knows, or has reason to believe, has engaged, is engaging, or seeks to enter the
United States
to engage, in an offense which is described in section 1956 or 1957 of title 18 (relating to laundering of monetary instruments); or
(ii)
who a
consular officer
or the
Attorney General
knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section;
is inadmissible.
(3)
Security and related grounds
(A)
In general
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—
(i)
any activity (I) to violate any law of the
United States
relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the
United States
of goods, technology, or sensitive information,
(ii)
any other unlawful activity, or
(iii)
any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the
United States
by force, violence, or other unlawful means,
is inadmissible.
(B)
Terrorist activities
(i)
In general
Any
alien
who—
(I)
has engaged in a
terrorist activity
(II)
consular officer
, the
Attorney General,
or the
Secretary of Homeland Security
knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any
terrorist activity
(as defined in clause (iv));
(III)
has, under circumstances indicating an intention to cause death or serious bodily harm, incited
terrorist activity
(IV)
is a
representative
(as defined in clause (v)) of—
(aa)
terrorist organization
(as defined in clause (vi)); or
(bb)
a political, social, or other group that endorses or espouses
terrorist activity
(V)
is a member of a
terrorist organization
described in subclause (I) or (II) of clause (vi);
(VI)
is a member of a
terrorist organization
described in clause (vi)(III), unless the
alien
can demonstrate by clear and convincing evidence that the
alien
did not know, and should not reasonably have known, that the
organization
was a
terrorist organization
(VII)
endorses or espouses
terrorist activity
or persuades others to endorse or espouse
terrorist activity
or support a
terrorist organization
(VIII)
has received military-type training (as defined in
section 2339D(c)(1) of title 18
) from or on behalf of any
organization
that, at the time the training was received, was a
terrorist organization
(as defined in clause (vi)); or
(IX)
is the spouse or child of an
alien
who is inadmissible under this subparagraph, if the activity causing the
alien
to be found inadmissible occurred within the last 5 years,
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
(ii)
Exception
Subclause (IX) of clause (i) does not apply to a spouse or child—
(I)
who did not know or should not reasonably have known of the activity causing the
alien
to be found inadmissible under this section; or
(II)
whom the
consular officer
or
Attorney General
has reasonable grounds to believe has renounced the activity causing the
alien
to be found inadmissible under this section.
(iii)
“Terrorist activity” defined
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:
(I)
The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
(II)
The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental
organization
) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III)
A violent attack upon an internationally protected person (as defined in
section 1116(b)(4) of title 18
) or upon the liberty of such a person.
(IV)
An assassination.
(V)
The use of any—
(a)
biological agent, chemical agent, or nuclear weapon or device, or
(b)
explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain),
with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause
substantial
damage to property.
(VI)
A threat, attempt, or conspiracy to do any of the foregoing.
(iv)
“Engage in terrorist activity” defined
As used in this chapter, the term “
engage in terrorist activity
” means, in an individual capacity or as a member of an
organization—
(I)
to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a
terrorist activity
(II)
to prepare or plan a
terrorist activity
(III)
to gather information on potential targets for
terrorist activity
(IV)
to solicit funds or other things of value for—
(aa)
terrorist activity
(bb)
terrorist organization
described in clause (vi)(I) or (vi)(II); or
(cc)
terrorist organization
described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the
organization
was a
terrorist organization
(V)
to solicit any individual—
(aa)
to engage in conduct otherwise described in this subsection;
(bb)
for membership in a
terrorist organization
described in clause (vi)(I) or (vi)(II); or
(cc)
for membership in a
terrorist organization
described in clause (vi)(III) unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the
organization
was a
terrorist organization
; or
(VI)
to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training—
(aa)
for the commission of a
terrorist activity
(bb)
to any individual who the actor knows, or reasonably should know, has committed or plans to commit a
terrorist activity
(cc)
to a
terrorist organization
described in subclause (I) or (II) of clause (vi) or to any member of such an
organization;
or
(dd)
to a
terrorist organization
described in clause (vi)(III), or to any member of such an
organization,
unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the
organization
was a
terrorist organization
(v)
“Representative” defined
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
(vi)
“Terrorist organization” defined
As used in this section, 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
or the
Secretary of Homeland Security
, as a
terrorist organization,
after finding that the
organization
engages in the activities described in subclauses (I) through (VI) of clause (iv); or
(III)
that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).
(C)
Foreign policy
(i)
In general
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.
(ii)
Exception for officials
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
(iii)
Exception for other aliens
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.
(iv)
Notification of determinations
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.
(D)
Immigrant membership in totalitarian party
(i)
In general
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.
(ii)
Exception for involuntary membership
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.
(iii)
Exception for past membership
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—
(I)
the membership or affiliation terminated at least—
(a)
2 years before the date of such application, or
(b)
5 years before the date of such application, in the case of an
alien
whose membership or affiliation was with the party controlling the government of a
foreign state
that is a totalitarian dictatorship as of such date, and
(II)
the
alien
is not a threat to the security of the
United States
(iv)
Exception for close family members
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.
(E)
Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
(i)
Participation in Nazi persecutions
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—
(I)
the Nazi government of Germany,
(II)
any government in any area occupied by the military forces of the Nazi government of Germany,
(III)
any government established with the assistance or cooperation of the Nazi government of Germany, or
(IV)
any government which was an ally of the Nazi government of Germany,
ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion,
national
origin, or political opinion is inadmissible.
(ii)
Participation in genocide
Any
alien
who ordered, incited, assisted, or otherwise participated in genocide, as defined in
section 1091(a) of title 18
, is inadmissible.
(iii)
Commission of acts of torture or extrajudicial killings
Any
alien
who, outside the
United States
, has committed, ordered, incited, assisted, or otherwise participated in the commission of—
(I)
any act of torture, as defined in
section 2340 of title 18
; or
(II)
under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the
Torture Victim Protection Act of 1991
28 U.S.C. 1350
note),
is inadmissible.
(F)
Association with terrorist organizations
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.
(G)
Recruitment or use of child soldiers
Any
alien
who has engaged in the recruitment or use of child soldiers in violation of
section 2442 of title 18
is inadmissible.
(4)
Public charge
(A)
In general
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.
(B)
Factors to be taken into account
(i)
In determining whether an
alien
is inadmissible under this paragraph, the
consular officer
or the
Attorney General
shall at a minimum consider the
alien’
s—
(I)
age;
(II)
health;
(III)
family status;
(IV)
assets, resources, and financial status; and
(V)
education and skills.
(ii)
In addition to the factors under clause (i), the
consular officer
or the
Attorney General
may also consider any affidavit of support under
section 1183a of this title
for purposes of exclusion under this paragraph.
(C)
Family-sponsored immigrants
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—
(i)
the
alien
has obtained—
(I)
status as a spouse or a child of a
United States
citizen pursuant to clause (ii), (iii), or (iv) of
section 1154(a)(1)(A) of this title
(II)
classification pursuant to clause (ii) or (iii) of
section 1154(a)(1)(B) of this title
; or
(III)
classification or status as a
VAWA self-petitioner
; or
(ii)
the person petitioning for the
alien
’s admission (and any additional sponsor required under
section 1183a(f) of this title
or any alternative sponsor permitted under paragraph (5)(B) of such section) has executed an affidavit of support described in
section 1183a of this title
with respect to such
alien.
(D)
Certain employment-based immigrants
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.
(E)
Special rule for qualified alien victims
Subparagraphs (A), (B), and (C) shall not apply to an
alien
who—
(i)
is a
VAWA self-petitioner
(ii)
is an applicant for, or is granted, nonimmigrant status under
section 1101(a)(15)(U) of this title
; or
(iii)
is a qualified
alien
described in
section 1641(c) of this title
(5)
Labor certification and qualifications for certain immigrants
(A)
Labor certification
(i)
In general
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—
(I)
there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an
alien
described in clause (ii)) and available at the time of application for a visa and admission to the
United States
and at the place where the
alien
is to perform such skilled or unskilled labor, and
(II)
the employment of such
alien
will not adversely affect the wages and working conditions of workers in the
United States
similarly employed.
(ii)
Certain aliens subject to special rule
For purposes of clause (i)(I), an
alien
described in this clause is an
alien
who—
(I)
is a member of the teaching
profession
, or
(II)
has exceptional ability in the sciences or the arts.
(iii)
Professional athletes
(I)
In general
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.
(II)
“Professional athlete” defined
For purposes of subclause (I), the term “
professional athlete
” means an individual who is employed as an athlete by—
(aa)
a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or
(bb)
any minor league team that is affiliated with such an association.
(iv)
Long delayed adjustment applicants
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.
(B)
Unqualified physicians
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.
(C)
Uncertified foreign health-care workers
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—
(i)
the
alien
’s education, training, license, and experience—
(I)
meet all applicable statutory and regulatory requirements for entry into the
United States
under the classification specified in the application;
(II)
are comparable with that required for an American health-care worker of the same type; and
(III)
are authentic and, in the case of a license, unencumbered;
(ii)
the
alien
has the level of competence in oral and written English considered by the Secretary of Health and Human
Services
, in consultation with the Secretary of Education, to be appropriate for health care work of the kind in which the
alien
will be engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments of the applicant’s ability to speak and write; and
(iii)
if a majority of
States
licensing the
profession
in which the
alien
intends to work recognize a test predicting the success on the
profession
’s licensing or certification examination, the
alien
has passed such a test or has passed such an examination.
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.
(D)
Application of grounds
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
(6)
Illegal entrants and immigration violators
(A)
Aliens present without admission or parole
(i)
In general
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.
(ii)
Exception for certain battered women and children
Clause (i) shall not apply to an
alien
who demonstrates that—
(I)
the
alien
is a
VAWA self-petitioner
(II)
(a)
the
alien
has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse’s or parent’s family residing in the same household as the
alien
and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the
alien
’s child has been battered or subjected to extreme cruelty by a spouse or parent of the
alien
(without the active participation of the
alien
in the battery or cruelty) or by a member of the spouse’s or parent’s family residing in the same household as the
alien
when the spouse or parent consented to or acquiesced in such battery or cruelty and the
alien
did not actively participate in such battery or cruelty, and
(III)
there was a
substantial
connection between the battery or cruelty described in subclause (I) or (II) and the
alien’
s unlawful entry into the
United States
(B)
Failure to attend removal proceeding
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.
(C)
Misrepresentation
(i)
In general
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.
(ii)
Falsely claiming citizenship
(I)
In general
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.
(II)
Exception
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.
(iii)
Waiver authorized
For provision authorizing waiver of clause (i), see subsection (i).
(D)
Stowaways
Any
alien
who is a
stowaway
is inadmissible.
(E)
Smugglers
(i)
In general
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.
(ii)
Special rule in the case of family reunification
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.
(iii)
Waiver authorized
For provision authorizing waiver of clause (i), see subsection (d)(11).
(F)
Subject of civil penalty
(i)
In general
An
alien
who is the subject of a final order for violation of
section 1324c of this title
is inadmissible.
(ii)
Waiver authorized
For provision authorizing waiver of clause (i), see subsection (d)(12).
(G)
Student visa abusers
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.
(7)
Documentation requirements
(A)
Immigrants
(i)
In general
Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission—
(I)
who is not in possession of a valid unexpired
immigrant visa
, reentry permit,
border crossing identification card
, or other valid entry document required by this chapter, and a valid unexpired
passport,
or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the
Attorney General
under
section 1181(a) of this title
, or
(II)
whose visa has been issued without compliance with the provisions of
section 1153 of this title
is inadmissible.
(ii)
Waiver authorized
For provision authorizing waiver of clause (i), see subsection (k).
(B)
Nonimmigrants
(i)
In general
Any nonimmigrant who—
(I)
is not in possession of a
passport
valid for a minimum of six months from the date of the expiration of the
initial period
of the
alien’
s admission or contemplated
initial period
of stay authorizing the
alien
to return to the country from which the
alien
came or to proceed to and enter some other country during such period, or
(II)
is not in possession of a valid
nonimmigrant visa
or
border crossing identification card
at the time of application for admission,
is inadmissible.
(ii)
General waiver authorized
For provision authorizing waiver of clause (i), see subsection (d)(4).
(iii)
Guam and Northern Mariana Islands visa waiver
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).
(iv)
Visa waiver program
For authority to waive the requirement of clause (i) under a program, see
section 1187 of this title
(8)
Ineligible for citizenship
(A)
In general
Any immigrant who is permanently
ineligible to citizenship
is inadmissible.
(B)
Draft evaders
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.
(9)
Aliens previously removed
(A)
Certain aliens previously removed
(i)
Arriving aliens
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.
(ii)
Other aliens
Any
alien
not described in clause (i) who—
(I)
has been ordered removed under
section 1229a of this title
or any other provision of law, or
(II)
departed the
United States
while an order of removal was outstanding,
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.
(iii)
Exception
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.
(B)
Aliens unlawfully present
(i)
In general
Any
alien
(other than an
alien
lawfully admitted for permanent residence
) who—
(I)
was unlawfully present in the
United States
for a period of more than 180 days but less than 1 year, voluntarily departed the
United States
(whether or not pursuant to
section 1254a(e)
[3]
of this title) prior to the commencement of proceedings under
section 1225(b)(1) of this title
or
section 1229a of this title
, and again seeks admission within 3 years of the date of such
alien’
s departure or removal, or
(II)
has been unlawfully present in the
United States
for one year or more, and who again seeks admission within 10 years of the date of such
alien’
s departure or removal from the
United States
is inadmissible.
(ii)
Construction of unlawful presence
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.
(iii)
Exceptions
(I)
Minors
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).
(II)
Asylees
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.
(III)
Family unity
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).
(IV)
Battered women and children
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.
(V)
Victims of a severe form of trafficking in persons
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.
(iv)
Tolling for good cause
In the case of an
alien
who—
(I)
has been lawfully admitted or paroled into the
United States
(II)
has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the
Attorney General
, and
(III)
has not been employed without authorization in the
United States
before or during the pendency of such application,
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.
(v)
Waiver
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.
(C)
Aliens unlawfully present after previous immigration violations
(i)
In general
Any
alien
who—
(I)
has been unlawfully present in the
United States
for an aggregate period of more than 1 year, or
(II)
has been ordered removed under
section 1225(b)(1) of this title
section 1229a of this title
, or any other provision of law,
and who enters or attempts to reenter the
United States
without being admitted is inadmissible.
(ii)
Exception
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.
(iii)
Waiver
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—
(I)
the
alien
’s battering or subjection to extreme cruelty; and
(II)
the
alien
’s removal, departure from the
United States
, reentry or reentries into the
United States
; or attempted reentry into the
United States
(10)
Miscellaneous
(A)
Practicing polygamists
Any immigrant who is coming to the
United States
to practice polygamy is inadmissible.
(B)
Guardian required to accompany helpless alien
Any
alien
(i)
who is accompanying another
alien
who is inadmissible and who is certified to be helpless from sickness, mental or physical disability, or infancy pursuant to
section 1222(c) of this title
, and
(ii)
whose protection or guardianship is determined to be required by the
alien
described in clause (i),
is inadmissible.
(C)
International child abduction
(i)
In general
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.
(ii)
Aliens supporting abductors and relatives of abductors
Any
alien
who—
(I)
is known by the Secretary of
State
to have intentionally assisted an
alien
in the conduct described in clause (i),
(II)
is known by the Secretary of
State
to be intentionally providing material support or safe haven to an
alien
described in clause (i), or
(III)
is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an
alien
described in clause (i), if such person has been designated by the Secretary of
State
at the Secretary’s sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the
United States
or such person’s place of
residence.
(iii)
Exceptions
Clauses (i) and (ii) shall not apply—
(I)
to a government official of the
United States
who is acting within the scope of his or her official duties;
(II)
to a government official of any foreign government if the official has been designated by the Secretary of
State
at the Secretary’s sole and unreviewable discretion; or
(III)
so long as the child is located in a
foreign state
that is a party to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on
October 25, 1980
(D)
Unlawful voters
(i)
In general
Any
alien
who has voted in violation of any Federal,
State
, or local constitutional provision, statute, ordinance, or regulation is inadmissible.
(ii)
Exception
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.
(E)
Former citizens who renounced citizenship to avoid taxation
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.
(b)
Notices of denials
(1)
Subject to paragraphs (2) and (3), if an
alien
’s application for a visa, for admission to the
United States
, or for adjustment of status is denied by an immigration or
consular officer
because the officer determines the
alien
to be inadmissible under subsection (a), the officer shall provide the
alien
with a timely written notice that—
(A)
states
the determination, and
(B)
lists the specific provision or provisions of law under which the
alien
is inadmissible or adjustment
[4]
of status.
(2)
The Secretary of
State
may waive the requirements of paragraph (1) with respect to a particular
alien
or any class or classes of inadmissible
aliens.
(3)
Paragraph (1) does not apply to any
alien
inadmissible under paragraph (2) or (3) of subsection (a).
(c)
Repealed.
Pub. L. 104–208, div. C, title III, § 304(b)
Sept. 30, 1996
110 Stat. 3009–597
(d)
Temporary admission of nonimmigrants
(1)
The
Attorney General
shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(S) of this title
. The
Attorney General,
in the
Attorney General’
s discretion, may waive the application of subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in
section 1101(a)(15)(S) of this title
, if the
Attorney General
considers it to be in the
national
interest to do so. Nothing in this section shall be regarded as prohibiting the Immigration and
Naturalization
Service from instituting removal proceedings against an
alien
admitted as a nonimmigrant under
section 1101(a)(15)(S) of this title
for conduct committed after the
alien’
s admission into the
United States,
or for conduct or a condition that was not disclosed to the
Attorney General
prior to the
alien’
s admission as a nonimmigrant under
section 1101(a)(15)(S) of this title
(2)
Repealed.
Pub. L. 101–649, title VI, § 601(d)(2)(A)
Nov. 29, 1990
104 Stat. 5076
(3)
(A)
Except as provided in this subsection, an
alien
(i) who is applying for a
nonimmigrant visa
and is known or believed by the
consular officer
to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the
Attorney General
of a recommendation by the Secretary of
State
or by the
consular officer
that the
alien
be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the
United States
temporarily as a nonimmigrant in the discretion of the
Attorney General,
or (ii) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the
United States
temporarily as a nonimmigrant in the discretion of the
Attorney General.
The
Attorney General
shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible
aliens
applying for temporary admission under this paragraph.
(B)
(i)
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 unreviewable discretion that subsection (a)(3)(B) shall not apply with respect to an
alien
within the scope of that subsection or that subsection (a)(3)(B)(vi)(III) shall not apply to a group within the scope of that subsection, except that no such waiver may be extended to an
alien
who is within the scope of subsection (a)(3)(B)(i)(II), no such waiver may be extended to an
alien
who is a member or
representative
of, has voluntarily and knowingly engaged in or endorsed or espoused or persuaded others to endorse or espouse or support
terrorist activity
on behalf of, or has voluntarily and knowingly received military-type training from a
terrorist organization
that is described in subclause (I) or (II) of subsection (a)(3)(B)(vi), and no such waiver may be extended to a group that has engaged
terrorist activity
against the
United States
or another democratic country or that has purposefully engaged in a pattern or practice of
terrorist activity
that is directed at civilians. Such a determination shall neither prejudice the ability of the
United States
Government to commence criminal or civil proceedings involving a beneficiary of such a determination or any other person, nor create any substantive or procedural right or benefit for a beneficiary of such a determination or any other person. Notwithstanding any other provision of law (statutory or nonstatutory), including
section 2241 of title 28
, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review such a determination or revocation except in a proceeding for review of a final order of removal pursuant to
section 1252 of this title
, and review shall be limited to the extent provided in section 1252(a)(2)(D). The Secretary of
State
may not exercise the discretion provided in this clause with respect to an
alien
at any time during which the
alien
is the subject of pending removal proceedings under
section 1229a of this title
(ii)
Not later than 90 days after the end of each fiscal year, the Secretary of
State
and the
Secretary of Homeland Security
shall each provide to the Committees on the Judiciary of the
House of Representatives
and of the
Senate
, the Committee on International Relations of the
House of Representatives
, the Committee on Foreign Relations of the
Senate
, and the Committee on Homeland Security of the
House of Representatives
a report on the
aliens
to whom such Secretary has applied clause (i). Within one week of applying clause (i) to a group, the Secretary of
State
or the
Secretary of Homeland Security
shall provide a report to such Committees.
(4)
Either or both of the requirements of paragraph (7)(B)(i) of subsection (a) may be waived by the
Attorney General
and the Secretary of
State
acting jointly (A) on the basis of unforeseen emergency in individual cases, or (B) on the basis of reciprocity with respect to
nationals
of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such
nationals,
or (C) in the case of
aliens
proceeding in immediate and continuous transit through the
United States
under contracts authorized in
section 1223(c) of this title
(5)
(A)
The
Secretary of Homeland Security
may, except as provided in subparagraph (B) or in
section 1184(f) of this title
, in his discretion parole into the
United States
temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any
alien
applying for admission to the
United States,
but such parole of such
alien
shall not be regarded as an admission of the
alien
and when the purposes of such parole shall, in the opinion of the
Secretary of Homeland Security
, have been served the
alien
shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the
United States.
(B)
The
Secretary of Homeland Security
may not parole into the
United States
an
alien
who is a
refugee
unless the
Secretary of Homeland Security
determines that compelling reasons in the public interest with respect to that particular
alien
require that the
alien
be paroled into the
United States
rather than be admitted as a
refugee
under
section 1157 of this title
(C)
The
attorney general
of a
State,
or other authorized
State
officer, alleging a violation of the limitation under subparagraph (A) that parole solely be granted on a case-by-case basis and solely for urgent humanitarian reasons or a significant public benefit, that harms such
State
or its residents shall have standing to bring an action against the
Secretary of Homeland Security
on behalf of such
State
or the residents of such
State
in an appropriate district court of the
United States
to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a
State
or its residents shall be considered to have been harmed if the
State
or its residents experience harm, including financial harm in excess of $100.
(6)
Repealed.
Pub. L. 101–649, title VI, § 601(d)(2)(A)
Nov. 29, 1990
104 Stat. 5076
(7)
The provisions of subsection (a) (other than paragraph (7)) shall be applicable to any
alien
who shall leave Guam, the Commonwealth of the Northern Mariana Islands, Puerto
Rico
, or the Virgin Islands of the
United States,
and who seeks to enter the continental
United States
or any other place under the jurisdiction of the
United States.
The
Attorney General
shall by regulations provide a method and procedure for the temporary admission to the
United States
of the
aliens
described in this proviso.
[5]
Any
alien
described in this paragraph, who is denied admission to the
United States,
shall be immediately removed in the manner provided by
section 1231(c) of this title
(8)
Upon a basis of reciprocity accredited officials of foreign governments, their immediate families, attendants, servants, and personal employees may be admitted in immediate and continuous transit through the
United States
without regard to the provisions of this section except paragraphs (3)(A), (3)(B), (3)(C), and (7)(B) of subsection (a) of this section.
(9)
, (10) Repealed.
Pub. L. 101–649, title VI, § 601(d)(2)(A)
Nov. 29, 1990
104 Stat. 5076
(11)
The
Attorney General
may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) in the case of any
alien
lawfully admitted for permanent residence
who temporarily proceeded abroad voluntarily and not under an order of removal, and who is otherwise admissible to the
United States
as a returning resident under
section 1181(b) of this title
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), if the
alien
has encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was the
alien’
s spouse, parent, son, or daughter (and no other individual) to enter the
United States
in violation of law.
(12)
The
Attorney General
may, in the discretion of the
Attorney General
for humanitarian purposes or to assure family unity, waive application of clause (i) of subsection (a)(6)(F)—
(A)
in the case of an
alien
lawfully admitted for permanent residence
who temporarily proceeded abroad voluntarily and not under an
order of deportation
or removal and who is otherwise admissible to the
United States
as a returning resident under
section 1181(b) of this title
, and
(B)
in the case of an
alien
seeking admission or adjustment of status under
section 1151(b)(2)(A) of this title
or under
section 1153(a) of this title
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.
(13)
(A)
The
Secretary of Homeland Security
shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(T) of this title
, except that the ground for inadmissibility described in subsection (a)(4) shall not apply with respect to such a nonimmigrant.
(B)
In addition to any other waiver that may be available under this section, in the case of a nonimmigrant described in
section 1101(a)(15)(T) of this title
, if the
Secretary of Homeland Security
considers it to be in the
national
interest to do so, the
Secretary of Homeland Security
, in the
Attorney General’
[6]
discretion, may waive the application of—
(i)
subsection (a)(1); and
(ii)
any other provision of subsection (a) (excluding paragraphs (3), (4), (10)(C), and (10(E))
[7]
if the activities rendering the
alien
inadmissible under the provision were caused by, or were incident to, the victimization described in
section 1101(a)(15)(T)(i)(I) of this title
(14)
The
Secretary of Homeland Security
shall determine whether a ground of inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(U) of this title
. The
Secretary of Homeland Security
, in the
Attorney General’
discretion, may waive the application of subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in
section 1101(a)(15)(U) of this title
, if the
Secretary of Homeland Security
considers it to be in the public or
national
interest to do so.
(e)
Educational visitor status; foreign residence requirement; waiver
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.
(f)
Suspension of entry or imposition of restrictions by President
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.
(g)
Bond and conditions for admission of alien inadmissible on health-related grounds
The
Attorney General
may waive the application of—
(1)
subsection (a)(1)(A)(i) in the case of any
alien
who—
(A)
is the spouse or the
unmarried
son or daughter, or the minor
unmarried
lawfully adopted child, of a
United States
citizen, or of an
alien
lawfully admitted for permanent residence
, or of an
alien
who has been issued an
immigrant visa,
(B)
has a son or daughter who is a
United States
citizen, or an
alien
lawfully admitted for permanent residence
, or an
alien
who has been issued an
immigrant visa;
or
(C)
is a
VAWA self-petitioner
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;
(2)
subsection (a)(1)(A)(ii) in the case of any
alien
(A)
who receives vaccination against the vaccine-preventable disease or diseases for which the
alien
has failed to present documentation of previous vaccination,
(B)
for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by section
34.2
of title 42 of the Code of Federal Regulations) certifies, according to such regulations as the Secretary of Health and Human
Services
may prescribe, that such vaccination would not be medically appropriate, or
(C)
under such circumstances as the
Attorney General
provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the
alien’
s religious beliefs or moral
convictions;
or
(3)
subsection (a)(1)(A)(iii) 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 the discretion of the
Attorney General
after consultation with the Secretary of Health and Human
Services,
may by regulation prescribe.
(h)
Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)
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—
(1)
(A)
in the case of any immigrant it is established to the satisfaction of the
Attorney General
that—
(i)
the
alien
is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the
alien
is inadmissible occurred more than 15 years before the date of the
alien
’s application for a visa, admission, or adjustment of status,
(ii)
the admission to the
United States
of such
alien
would not be contrary to the
national
welfare, safety, or security of the
United States
, and
(iii)
the
alien
has been rehabilitated; or
(B)
in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the
United States
or an
alien
lawfully admitted for permanent residence
if it is established to the satisfaction of the
Attorney General
that the
alien’
s denial of admission would result in extreme hardship to the
United States
citizen or lawfully resident spouse, parent, son, or daughter of such
alien;
or
(C)
the
alien
is a
VAWA self-petitioner
; and
(2)
the
Attorney General
, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the
alien’
s applying or reapplying for a visa, for admission to the
United States,
or adjustment of status.
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.
(i)
Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact
(1)
The
Attorney General
may, in the discretion of the
Attorney General
, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, 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 the
United States
of such immigrant
alien
would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an
alien
or, in the case of a
VAWA self-petitioner,
the
alien
demonstrates extreme hardship to the
alien
or the
alien’
United States
citizen, lawful
permanent
resident, or qualified
alien
parent or child.
(2)
No court shall have jurisdiction to review a decision or action of the
Attorney General
regarding a waiver under paragraph (1).
(j)
Limitation on immigration of foreign medical graduates
(1)
The additional requirements referred to in
section 1101(a)(15)(J) of this title
for an
alien
who is coming to the
United States
under a program under which he will receive graduate medical education or training are as follows:
(A)
A school of medicine or of one of the other health
professions
, which is accredited by a body or bodies approved for the purpose by the Secretary of Education, has agreed in writing to provide the graduate medical education or training under the program for which the
alien
is coming to the
United States
or to assume responsibility for arranging for the provision thereof by an appropriate public or nonprofit private institution or agency, except that, in the case of such an agreement by a school of medicine, any one or more of its affiliated hospitals which are to participate in the provision of the graduate medical education or training must join in the agreement.
(B)
Before making such agreement, the accredited school has been satisfied that the
alien
(i) is a graduate of a school of medicine which is 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
); or (ii)(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)
, (II) has competency in oral and written English, (III) will be able to adapt to the educational and cultural environment in which he will be receiving his education or training, and (IV) has adequate prior education and training to participate satisfactorily in the program for which he is coming to the
United States
. For the purposes of this subparagraph, an
alien
who is a graduate of a medical school shall be considered to have passed parts I and II of the
National
Board of Medical Examiners examination if the
alien
was fully and permanently licensed to practice medicine in a
State
on
January 9, 1978
, and was practicing medicine in a
State
on that date.
(C)
The
alien
has made a commitment to return to the country of his nationality or last
residence
upon completion of the education or training for which he is coming to the
United States
, and the government of the country of his nationality or last
residence
has provided a written assurance, satisfactory to the Secretary of Health and Human
Services,
that there is a need in that country for persons with the skills the
alien
will acquire in such education or training.
(D)
The duration of the
alien
’s participation in the program of graduate medical education or training for which the
alien
is coming to the
United States
is limited to the time typically required to complete such program, as determined by the Director of the
United States
Information Agency at the time of the
alien’
s admission into the
United States
, based on criteria which are established in coordination with the Secretary of Health and Human
Services
and which take into consideration the published requirements of the medical specialty board which administers such education or training program; except that—
(i)
such duration is further limited to seven years unless the
alien
has demonstrated to the satisfaction of the Director that the country to which the
alien
will return at the end of such specialty education or training has an exceptional need for an individual trained in such specialty, and
(ii)
the
alien
may, once and not later than two years after the date the
alien
is admitted to the
United States
as an exchange visitor or acquires exchange visitor status, change the
alien’
s designated program of graduate medical education or training if the Director approves the change and if a commitment and written assurance with respect to the
alien’
s new program have been provided in accordance with subparagraph (C).
(E)
The
alien
furnishes the
Attorney General
each year with an affidavit (in such form as the
Attorney General
shall prescribe) that attests that the
alien
(i) is in good standing in the program of graduate medical education or training in which the
alien
is participating, and (ii) will return to the country of his nationality or last
residence
upon completion of the education or training for which he came to the
United States.
(2)
An
alien
who is a graduate of a medical school and who is coming to the
United States
to perform
services
as a member of the medical
profession
may not be admitted as a nonimmigrant under
section 1101(a)(15)(H)(i)(b) of this title
unless—
(A)
the
alien
is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the
United States
to teach or conduct research, or both, at or for such institution or agency, or
(B)
(i)
the
alien
has passed the Federation licensing examination (administered by the Federation of
State
Medical Boards of the
United States
) or an equivalent examination as determined by the Secretary of Health and Human
Services,
and
(ii)
(I)
has competency in oral and written English or (II) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the
United States
).
(3)
Omitted.
(k)
Attorney General’s discretion to admit otherwise inadmissible aliens who possess immigrant visas
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.
(l)
Guam and Northern Mariana Islands visa waiver program
(1)
In general
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—
(A)
an adequate arrival and departure control system has been developed in Guam and the Commonwealth of the Northern Mariana Islands; and
(B)
such a waiver does not represent a threat to the welfare, safety, or security of the
United States
or its territories and commonwealths.
(2)
Alien waiver of rights
An
alien
may not be provided a waiver under this subsection unless the
alien
has waived any right—
(A)
to review or appeal under this chapter an
immigration officer
’s determination as to the admissibility of the
alien
at the port of entry into Guam or the Commonwealth of the Northern Mariana Islands; or
(B)
to contest, other than on the basis of an application for withholding of removal under
section 1231(b)(3) of this title
or under the Convention Against Torture, or an application for asylum if permitted under
section 1158 of this title
, any action for removal of the
alien.
(3)
Regulations
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—
(A)
a listing of all countries whose
nationals
may obtain the waiver also provided by this subsection, except that such regulations shall provide for a listing of any country from which the Commonwealth has received a significant economic benefit from the number of visitors for pleasure within the one-year period preceding
May 8, 2008
, unless the
Secretary of Homeland Security
determines that such country’s inclusion on such list would represent a threat to the welfare, safety, or security of the
United States
or its territories; and
(B)
any bonding requirements for
nationals
of some or all of those countries who may present an increased risk of overstays or other potential problems, if different from such requirements otherwise provided by law for nonimmigrant visitors.
(4)
Factors
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.
(5)
Suspension
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.
(6)
Addition of countries
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.
(m)
Requirements for admission of nonimmigrant nurses
(1)
The qualifications referred to in
section 1101(a)(15)(H)(i)(c) of this title
, with respect to an
alien
who is coming to the
United States
to perform nursing
services
for a
facility,
are that the
alien—
(A)
has obtained a full and unrestricted license to practice professional nursing in the country where the
alien
obtained nursing education or has received nursing education in the
United States
(B)
has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human
Services
) or has a full and unrestricted license under
State
law to practice professional nursing in the
State
of intended employment; and
(C)
is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the
United States
and is authorized under such laws to be employed by the
facility
(2)
(A)
The attestation referred to in
section 1101(a)(15)(H)(i)(c) of this title
, with respect to a
facility
for which an
alien
will perform
services,
is an attestation as to the following:
(i)
The
facility
meets all the requirements of paragraph (6).
(ii)
The employment of the
alien
will not adversely affect the wages and working conditions of registered nurses similarly employed.
(iii)
The
alien
employed by the
facility
will be paid the wage rate for registered nurses similarly employed by the
facility
(iv)
The
facility
has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses who are
United States
citizens or immigrants who are authorized to perform nursing
services,
in order to remove as quickly as reasonably possible the dependence of the
facility
on nonimmigrant registered nurses.
(v)
There is not a strike or lockout in the course of a labor dispute, the
facility
did not
lay off
and will not
lay off
a registered nurse employed by the
facility
within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition, and the employment of such an
alien
is not intended or designed to influence an election for a bargaining
representative
for registered nurses of the
facility
(vi)
At the time of the filing of the petition for registered nurses under
section 1101(a)(15)(H)(i)(c) of this title
, notice of the filing has been provided by the
facility
to the bargaining
representative
of the registered nurses at the
facility
or, where there is no such bargaining
representative,
notice of the filing has been provided to the registered nurses employed at the
facility
through posting in conspicuous locations.
(vii)
The
facility
will not, at any time, employ a number of
aliens
issued visas or otherwise provided nonimmigrant status under
section 1101(a)(15)(H)(i)(c) of this title
that exceeds 33 percent of the total number of registered nurses employed by the
facility.
(viii)
The
facility
will not, with respect to any
alien
issued a visa or otherwise provided nonimmigrant status under
section 1101(a)(15)(H)(i)(c) of this title
(I)
authorize the
alien
to perform nursing
services
at any worksite other than a worksite controlled by the
facility
; or
(II)
transfer the place of employment of the
alien
from one worksite to another.
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.
(B)
For purposes of subparagraph (A)(iv), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses:
(i)
Operating a training program for registered nurses at the
facility
or financing (or providing participation in) a training program for registered nurses elsewhere.
(ii)
Providing career development programs and other methods of facilitating health care workers to become registered nurses.
(iii)
Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area.
(iv)
Providing reasonable opportunities for meaningful salary advancement by registered nurses.
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.
(C)
Subject to subparagraph (E), an attestation under subparagraph (A)—
(i)
shall expire on the date that is the later of—
(I)
the end of the one-year period beginning on the date of its filing with the Secretary of Labor; or
(II)
the end of the period of admission under
section 1101(a)(15)(H)(i)(c) of this title
of the last
alien
with respect to whose admission it was applied (in accordance with clause (ii)); and
(ii)
shall apply to petitions filed during the one-year period beginning on the date of its filing with the Secretary of Labor if the
facility
states
in each such petition that it continues to comply with the conditions in the attestation.
(D)
facility
may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition.
(E)
(i)
The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under
section 1101(a)(15)(H)(i)(c) of this title
and, for each such
facility,
a copy of the
facility’
s attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the
facility.
(ii)
The Secretary of Labor shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a
facility
’s failure to meet conditions attested to or a
facility
’s misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or
organization
(including bargaining
representatives,
associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a
facility
fails to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed.
(iii)
Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination.
(iv)
If the Secretary of Labor finds, after notice and opportunity for a hearing, that a
facility
(for which an attestation is made) has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, 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 nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the
Attorney General
shall not approve petitions filed with respect to a
facility
during a period of at least one year for nurses to be employed by the
facility
(v)
In addition to the sanctions provided for under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing, that a
facility
has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the
facility
to provide for payment of such amounts of back pay as may be required to comply with such condition.
(F)
(i)
The Secretary of Labor shall impose on a
facility
filing an attestation under subparagraph (A) a filing fee, in an amount prescribed by the Secretary based on the costs of carrying out the Secretary’s duties under this subsection, but not exceeding $250.
(ii)
Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the
United States
(iii)
The collected fees in the fund shall be available to the Secretary of Labor, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs.
(3)
The period of admission of an
alien
under
section 1101(a)(15)(H)(i)(c) of this title
shall be 3 years.
(4)
The total number of
nonimmigrant visas
issued pursuant to petitions granted under
section 1101(a)(15)(H)(i)(c) of this title
in each fiscal year shall not exceed 500. The number of such visas issued for employment in each
State
in each fiscal year shall not exceed the following:
(A)
For
States
with populations of less than 9,000,000, based upon the 1990 decennial census of population, 25 visas.
(B)
For
States
with populations of 9,000,000 or more, based upon the 1990 decennial census of population, 50 visas.
(C)
If the total number of visas available under this paragraph for a fiscal year quarter exceeds the number of qualified nonimmigrants who may be issued such visas during those quarters, the visas made available under this paragraph shall be issued without regard to the numerical limitation under subparagraph (A) or (B) of this paragraph during the last fiscal year quarter.
(5)
facility
that has filed a petition under
section 1101(a)(15)(H)(i)(c) of this title
to employ a nonimmigrant to perform nursing
services
for the
facility—
(A)
shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the
facility
(B)
shall require the nonimmigrant to work hours commensurate with those of nurses similarly employed by the
facility
; and
(C)
shall not interfere with the right of the nonimmigrant to join or organize a union.
(6)
For purposes of this subsection and
section 1101(a)(15)(H)(i)(c) of this title
, the term
“facility”
means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the
Social Security Act
42 U.S.C. 1395ww(d)(1)(B)
)) that meets the following requirements:
(A)
As of
March 31, 1997
, the hospital was located in a health professional shortage area (as defined in
section 254e of title 42
).
(B)
Based on its settled cost report filed under title XVIII of the
Social Security Act
42 U.S.C. 1395
et seq.] for its cost reporting period beginning during fiscal year 1994—
(i)
the hospital has not less than 190 licensed acute care beds;
(ii)
the number of the hospital’s inpatient days for such period which were made up of patients who (for such days) were entitled to benefits under part A of such title [
42 U.S.C. 1395c
et seq.] is not less than 35 percent of the total number of such hospital’s acute care inpatient days for such period; and
(iii)
the number of the hospital’s inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a
State
plan approved under title XIX of the
Social Security Act
42 U.S.C. 1396
et seq.], is not less than 28 percent of the total number of such hospital’s acute care inpatient days for such period.
(7)
For purposes of paragraph (2)(A)(v), the term “
lay off
”, with respect to a worker—
(A)
means to cause the worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but
(B)
does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.
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.
(n)
Labor condition application
(1)
No
alien
may be admitted or provided status as an
H–1B nonimmigrant
in an occupational classification unless the employer has filed with the Secretary of Labor an application stating the following:
(A)
The employer—
(i)
is offering and will offer during the period of authorized employment to
aliens
admitted or provided status as an
H–1B nonimmigrant
wages that are at least—
(I)
the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or
(II)
the prevailing wage level for the occupational classification in the
area of employment
whichever is greater, based on the best information available as of the time of filing the application, and
(ii)
will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed.
(B)
There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment.
(C)
The employer, at the time of filing the application—
(i)
has provided notice of the filing under this paragraph to the bargaining
representative
(if any) of the employer’s employees in the occupational classification and area for which
aliens
are sought, or
(ii)
if there is no such bargaining
representative
, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which
H–1B nonimmigrants
are sought.
(D)
The application shall contain a specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed.
(E)
(i)
In the case of an application described in clause (ii), the employer did not displace and will not displace a
United States worker
(as defined in paragraph (4)) employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application.
(ii)
An application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph, and before
[8]
by an
H–1B-dependent employer
(as defined in paragraph (3)) or by an employer that has been found, on or after
October 21, 1998
, under paragraph (2)(C) or (5) to have committed a willful failure or misrepresentation during the 5-year period preceding the filing of the application. An application is not described in this clause if the only
H–1B nonimmigrants
sought in the application are
exempt H–1B nonimmigrants.
(F)
In the case of an application described in subparagraph (E)(ii), the employer will not place the nonimmigrant with another employer (regardless of whether or not such other employer is an
H–1B-dependent employer
) where—
(i)
the nonimmigrant performs duties in whole or in part at one or more worksites owned, operated, or controlled by such other employer; and
(ii)
there are indicia of an employment relationship between the nonimmigrant and such other employer;
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.
(G)
(i)
In the case of an application described in subparagraph (E)(ii), subject to clause (ii), the employer, prior to filing the application—
(I)
has taken good faith steps to recruit, in the
United States
using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to
H–1B nonimmigrants
under subparagraph (A),
United States workers
for the job for which the nonimmigrant or nonimmigrants is or are sought; and
(II)
has offered the job to any
United States worker
who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought.
(ii)
The conditions described in clause (i) shall not apply to an application filed with respect to the employment of an
H–1B nonimmigrant
who is described in subparagraph (A), (B), or (C) of
section 1153(b)(1) of this title
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.
(2)
(A)
Subject to paragraph (5)(A), the Secretary shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner’s failure to meet a condition specified in an application submitted under paragraph (1) or a petitioner’s misrepresentation of material facts in such an application. Complaints may be filed by any aggrieved person or
organization
(including bargaining
representatives
). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary shall conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred.
(B)
Under such process, the Secretary shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary determines that such a reasonable basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with
section 556 of title 5
, within 60 days after the date of the determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In the case of similar complaints respecting the same applicant, the Secretary may consolidate the hearings under this subparagraph on such complaints.
(C)
(i)
If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or (1)(F), a
substantial
failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), 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.
(ii)
If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an application, or a violation of clause (iv)—
(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 $5,000 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 2 years for
aliens
to be employed by the employer.
(iii)
If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced a
United States worker
employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the 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 $35,000 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 3 years for
aliens
to be employed by the employer.
(iv)
It is a violation of this clause for an employer who has filed an application under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection.
(v)
The Secretary of Labor and the
Attorney General
shall devise a process under which an
H–1B nonimmigrant
who files a complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the
United States
may be allowed to seek other appropriate employment in the
United States
for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification.
(vi)
(I)
It is a violation of this clause for an employer who has filed an application under this subsection to require an
H–1B nonimmigrant
to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant
State
law.
(II)
It is a violation of this clause for an employer who has filed an application under this subsection to require an
alien
who is the subject of a petition filed under
section 1184(c)(1) of this title
, for which a fee is imposed under
section 1184(c)(9) of this title
, to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee. It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an
alien.
(III)
If the Secretary finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigrant cannot be located, requiring payment of any such amount to the general fund of the Treasury.
(vii)
(I)
It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an
H–1B nonimmigrant
designated as a full-time employee on the petition filed under
section 1184(c)(1) of this title
by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status due to a decision by the employer (based on factors such as lack of work), or due to the nonimmigrant’s lack of a permit or license, to fail to pay the nonimmigrant full-time wages in accordance with paragraph (1)(A) for all such nonproductive time.
(II)
It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an
H–1B nonimmigrant
designated as a part-time employee on the petition filed under
section 1184(c)(1) of this title
by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status under circumstances described in subclause (I), to fail to pay such a nonimmigrant for such hours as are designated on such petition consistent with the rate of pay identified on such petition.
(III)
In the case of an
H–1B nonimmigrant
who has not yet entered into employment with an employer who has had approved an application under this subsection, and a petition under
section 1184(c)(1) of this title
, with respect to the nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days after the date the nonimmigrant first is admitted into the
United States
pursuant to the petition, or 60 days after the date the nonimmigrant becomes eligible to work for the employer (in the case of a nonimmigrant who is present in the
United States
on the date of the approval of the petition).
(IV)
This clause does not apply to a failure to pay wages to an
H–1B nonimmigrant
for nonproductive time due to non-work-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work.
(V)
This clause shall not be construed as prohibiting an employer that is a school or other educational institution from applying to an
H–1B nonimmigrant
an established salary practice of the employer, under which the employer pays to
H–1B nonimmigrants
and
United States workers
in the same occupational classification an annual salary in disbursements over fewer than 12 months, if—
(aa)
the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment; and
(bb)
the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to violate any condition of the nonimmigrant’s authorization under this chapter to remain in the
United States
(VI)
This clause shall not be construed as superseding clause (viii).
(viii)
It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an application under this subsection to fail to offer to an
H–1B nonimmigrant
, during the nonimmigrant’s period of authorized employment, benefits and eligibility for benefits (including the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on performance)) on the same basis, and in accordance with the same criteria, as the employer offers to
United States workers
(D)
If the Secretary finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified under the application and required under paragraph (1), the Secretary shall order the employer to provide for payment of such amounts of back pay as may be required to comply with the requirements of paragraph (1), whether or not a penalty under subparagraph (C) has been imposed.
(E)
If an
H–1B-dependent employer
places a
nonexempt H–1B nonimmigrant
with another employer as provided under paragraph (1)(F) and the other employer has displaced or displaces a
United States worker
employed by such other employer during the period described in such paragraph, such displacement shall be considered for purposes of this paragraph a failure, by the placing employer, to meet a condition specified in an application submitted under paragraph (1); except that the
Attorney General
may impose a sanction described in subclause (II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of Labor found that such placing employer—
(i)
knew or had reason to know of such displacement at the time of the placement of the nonimmigrant with the other employer; or
(ii)
has been subject to a sanction under this subparagraph based upon a previous placement of an
H–1B nonimmigrant
with the same other employer.
(F)
The Secretary may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date (on or after
October 21, 1998
) on which the employer is found by the Secretary to have committed a willful failure to meet a condition of paragraph (1) (or has been found under paragraph (5) to have committed a willful failure to meet the condition of paragraph (1)(G)(i)(II)) or to have made a willful misrepresentation of material fact in an application. The preceding sentence shall apply to an employer regardless of whether or not the employer is an
H–1B-dependent employer.
The authority of the Secretary under this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A).
(G)
(i)
The Secretary of Labor may initiate an investigation of any employer that employs nonimmigrants described in
section 1101(a)(15)(H)(i)(b) of this title
if the Secretary of Labor has reasonable cause to believe that the employer is not in compliance with this subsection. In the case of an investigation under this clause, the Secretary of Labor (or the acting Secretary in the case of the absence of
[9]
disability of the Secretary of Labor) shall personally certify that reasonable cause exists and shall approve commencement of the investigation. The investigation may be initiated for reasons other than completeness and obvious inaccuracies by the employer in complying with this subsection.
(ii)
If the Secretary of Labor receives specific credible information from a source who is likely to have knowledge of an employer’s practices or employment conditions, or an employer’s compliance with the employer’s labor condition application under paragraph (1), and whose identity is known to the Secretary of Labor, and such information provides reasonable cause to believe that the employer has committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or practice of failures to meet such a condition, or has committed a
substantial
failure to meet such a condition that affects multiple employees, the Secretary of Labor may conduct an investigation into the alleged failure or failures. The Secretary of Labor may withhold the identity of the source from the employer, and the source’s identity shall not be subject to disclosure under
section 552 of title 5
(iii)
The Secretary of Labor shall establish a procedure for any person desiring to provide to the Secretary of Labor information described in clause (ii) that may be used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary of Labor and completed by or on behalf of the person. The person may not be an officer or employee of the
Department of Labor
, unless the information satisfies the requirement of clause (iv)(II) (although an officer or employee of the
Department of Labor
may complete the form on behalf of the person).
(iv)
Any investigation initiated or approved by the Secretary of Labor under clause (ii) shall be based on information that satisfies the requirements of such clause and that—
(I)
originates from a source other than an officer or employee of the
Department of Labor
; or
(II)
was lawfully obtained by the Secretary of Labor in the course of lawfully conducting another
Department of Labor
investigation under this chapter of
any other Act.
(v)
The receipt by the Secretary of Labor of information submitted by an employer to the
Attorney General
or the Secretary of Labor for purposes of securing the employment of a nonimmigrant described in
section 1101(a)(15)(H)(i)(b) of this title
shall not be considered a receipt of information for purposes of clause (ii).
(vi)
No investigation described in clause (ii) (or hearing described in clause (viii) based on such investigation) may be conducted with respect to information about a failure to meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months after the date of the alleged failure.
(vii)
The Secretary of Labor shall provide notice to an employer with respect to whom there is reasonable cause to initiate an investigation described in clauses
[10]
(i) or (ii), prior to the commencement of an investigation under such clauses, of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary of Labor is not required to comply with this clause if the Secretary of Labor determines that to do so would interfere with an effort by the Secretary of Labor to secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary of Labor under this clause.
(viii)
An investigation under clauses
10
(i) or (ii) may be conducted for a period of up to 60 days. If the Secretary of Labor determines after such an investigation that a reasonable basis exists to make a finding that the employer has committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or practice of failures to meet such a condition, or has committed a
substantial
failure to meet such a condition that affects multiple employees, the Secretary of Labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing in accordance with
section 556 of title 5
within 120 days after the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter by not later than 120 days after the date of the hearing.
(H)
(i)
Except as provided in clauses (ii) and (iii), a person or entity is considered to have complied with the requirements of this subsection, notwithstanding a technical or procedural failure to meet such requirements, if there was a good faith attempt to comply with the requirements.
(ii)
Clause (i) shall not apply if—
(I)
the
Department of Labor
(or another enforcement agency) has explained to the person or entity the basis for the failure;
(II)
the person or entity has been provided a period of not less than 10 business days (beginning after the date of the explanation) within which to correct the failure; and
(III)
the person or entity has not corrected the failure voluntarily within such period.
(iii)
A person or entity that, in the course of an investigation, is found to have violated the prevailing wage requirements set forth in paragraph (1)(A), shall not be assessed fines or other penalties for such violation if the person or entity can establish that the manner in which the prevailing wage was calculated was consistent with recognized industry standards and practices.
(iv)
Clauses (i) and (iii) shall not apply to a person or entity that has engaged in or is engaging in a pattern or practice of willful violations of this subsection.
(I)
Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this chapter (such as the authorities under
section 1324b of this title
), or any other Act.
(3)
(A)
For purposes of this subsection, the term “
H–1B-dependent employer
” means an employer that—
(i)
(I)
has 25 or fewer full-time equivalent employees who are employed in the
United States
; and (II) employs more than 7
H–1B nonimmigrants
(ii)
(I)
has at least 26 but not more than 50 full-time equivalent employees who are employed in the
United States
; and (II) employs more than 12
H–1B nonimmigrants
; or
(iii)
(I)
has at least 51 full-time equivalent employees who are employed in the
United States
; and (II) employs
H–1B nonimmigrants
in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.
(B)
For purposes of this subsection—
(i)
the term “
exempt H–1B nonimmigrant
” means an
H–1B nonimmigrant
who—
(I)
receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or
(II)
has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended employment; and
(ii)
the term “
nonexempt H–1B nonimmigrant
” means an
H–1B nonimmigrant
who is not an
exempt H–1B nonimmigrant.
(C)
For purposes of subparagraph (A)—
(i)
in computing the number of full-time equivalent employees and the number of
H–1B nonimmigrants
exempt H–1B nonimmigrants
shall not be taken into account during the longer of—
(I)
the 6-month period beginning on
October 21, 1998
; or
(II)
the period beginning on
October 21, 1998
, and ending on the date final regulations are issued to carry out this paragraph; and
(ii)
any group treated as a single employer under subsection (b), (c), (m), or (o) of
section 414 of title 26
shall be treated as a single employer.
(4)
For purposes of this subsection:
(A)
The term “
area of employment
” means the area within normal commuting distance of the worksite or physical location where the work of the
H–1B nonimmigrant
is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the
area of employment
(B)
In the case of an application with respect to one or more
H–1B nonimmigrants
by an employer, the employer is considered to “displace” a
United States worker
from a job if the employer
lays off
the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a
United States worker
with substantially equivalent qualifications and experience, and is located in the same
area of employment
as the other job.
(C)
The term “
H–1B nonimmigrant
” means an
alien
admitted or provided status as a nonimmigrant described in
section 1101(a)(15)(H)(i)(b) of this title
(D)
(i)
The term “
lays off
”, with respect to a worker—
(I)
means to cause the worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in subparagraph (E) or (F) of paragraph (1)); but
(II)
does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under paragraph (1)(F), with either employer described in such paragraph) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.
(ii)
Nothing in this subparagraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract.
(E)
The term “
United States worker
” means an employee who—
(i)
is a citizen or
national of the United States
; or
(ii)
is an
alien
who is
lawfully admitted for permanent residence
, is admitted as a
refugee
under
section 1157 of this title
, is granted asylum under
section 1158 of this title
, or is an immigrant otherwise authorized, by this chapter or by the
Attorney General,
to be employed.
(5)
(A)
This paragraph shall apply instead of subparagraphs (A) through (E) of paragraph (2) in the case of a violation described in subparagraph (B), but shall not be construed to limit or affect the authority of the Secretary or the
Attorney General
with respect to any other violation.
(B)
The
Attorney General
shall establish a process for the receipt, initial review, and disposition in accordance with this paragraph of complaints respecting an employer’s failure to meet the condition of paragraph (1)(G)(i)(II) or a petitioner’s misrepresentation of material facts with respect to such condition. Complaints may be filed by an aggrieved individual who has submitted a resume or otherwise applied in a reasonable manner for the job that is the subject of the condition. No proceeding shall be conducted under this paragraph on a complaint concerning such a failure or misrepresentation unless the
Attorney General
determines that the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively.
(C)
If the
Attorney General
finds that a complaint has been filed in accordance with subparagraph (B) and there is reasonable cause to believe that such a failure or misrepresentation described in such complaint has occurred, the
Attorney General
shall initiate binding arbitration proceedings by requesting the
Federal Mediation and Conciliation Service
to appoint an arbitrator from the roster of arbitrators maintained by such
Service.
The procedure and rules of such
Service
shall be applicable to the selection of such arbitrator and to such arbitration proceedings. The
Attorney General
shall pay the fee and expenses of the arbitrator.
(D)
(i)
The arbitrator shall make findings respecting whether a failure or misrepresentation described in subparagraph (B) occurred. If the arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a finding to that effect. The arbitrator may not find such a failure or misrepresentation (or that such a failure or misrepresentation was willful) unless the complainant demonstrates such a failure or misrepresentation (or its willful character) by clear and convincing evidence. The arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the
Attorney General
. Such findings shall be final and conclusive, and, except as provided in this subparagraph, no official or court of the
United States
shall have power or jurisdiction to review any such findings.
(ii)
The
Attorney General
may review and reverse or modify the findings of an arbitrator only on the same bases as an award of an arbitrator may be vacated or modified under section 10 or 11 of title 9.
(iii)
With respect to the findings of an arbitrator, a court may review only the actions of the
Attorney General
under clause (ii) and may set aside such actions only on the grounds described in subparagraph (A), (B), or (C) of
section 706(a)(2) of title 5
. Notwithstanding any other provision of law, such judicial review may only be brought in an appropriate
United States
court of appeals.
(E)
If the
Attorney General
receives a finding of an arbitrator under this paragraph that an employer has failed to meet the condition of paragraph (1)(G)(i)(II) or has misrepresented a material fact with respect to such condition, unless the
Attorney General
reverses or modifies the finding under subparagraph (D)(ii)—
(i)
the
Attorney General
may impose administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation or $5,000 per violation in the case of a willful failure or misrepresentation) as the
Attorney General
determines to be appropriate; and
(ii)
the
Attorney General
is authorized to not approve petitions filed, with respect to that employer and for
aliens
to be employed by the employer, under section
1154
or
1184(c)
of this title—
(I)
during a period of not more than 1 year; or
(II)
in the case of a willful failure or willful misrepresentation, during a period of not more than 2 years.
(F)
The
Attorney General
shall not delegate, to any other employee or official of the
Department of Justice
, any function of the
Attorney General
under this paragraph, until 60 days after the
Attorney General
has submitted a plan for such delegation to the Committees on the Judiciary of the
United States
House of Representatives
and the
Senate
(o)
Omitted
(p)
Computation of prevailing wage level
(1)
In computing the prevailing wage level for an occupational classification in an
area of employment
for purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) in the case of an employee of—
(A)
an institution of higher education (as defined in
section 1001(a) of title 20
), or a related or affiliated nonprofit entity; or
(B)
a nonprofit research
organization
or a Governmental research
organization
the prevailing wage level shall only take into account employees at such institutions and
organizations
in the
area of employment
(2)
With respect to a
professional athlete
(as defined in subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by professional sports league rules or regulations, the wage set forth in those rules or regulations shall be considered as not adversely affecting the wages of
United States workers
similarly employed and be considered the prevailing wage.
(3)
The prevailing wage required to be paid pursuant to subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be 100 percent of the wage determined pursuant to those sections.
(4)
Where the Secretary of Labor uses, or makes available to employers, a governmental survey to determine the prevailing wage, such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision. Where an existing government survey has only 2 levels, 2 intermediate levels may be created by dividing by 3, the difference between the 2 levels offered, adding the quotient thus obtained to the first level and subtracting that quotient from the second level.
(q)
Academic honoraria
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.
(r)
Exception for certain alien nurses
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—
(1)
the
alien
has a valid and unrestricted license as a nurse in a
State
where the
alien
intends to be employed and such
State
verifies that the foreign licenses of
alien
nurses are authentic and unencumbered;
(2)
the
alien
has passed the
National
Council Licensure Examination (NCLEX);
(3)
the
alien
is a graduate of a nursing program—
(A)
in which the language of instruction was English;
(B)
located in a country—
(i)
designated by such commission not later than 30 days after
November 12, 1999
, based on such commission’s assessment that the quality of nursing education in that country, and the English language proficiency of those who complete such programs in that country, justify the country’s designation; or
(ii)
designated on the basis of such an assessment by unanimous agreement of such commission and any equivalent credentialing
organizations
which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection; and
(C)
(i)
which was in operation on or before
November 12, 1999
; or
(ii)
has been approved by unanimous agreement of such commission and any equivalent credentialing
organizations
which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection.
(s)
Consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge
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
(t)
[11]
Nonimmigrant professionals; labor attestations
(1)
No
alien
may be admitted or provided status as a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
in an occupational classification unless the employer has filed with the Secretary of Labor an attestation stating the following:
(A)
The employer—
(i)
is offering and will offer during the period of authorized employment to
aliens
admitted or provided status under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
wages that are at least—
(I)
the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or
(II)
the prevailing wage level for the occupational classification in the
area of employment
whichever is greater, based on the best information available as of the time of filing the attestation; and
(ii)
will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed.
(B)
There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment.
(C)
The employer, at the time of filing the attestation—
(i)
has provided notice of the filing under this paragraph to the bargaining
representative
(if any) of the employer’s employees in the occupational classification and area for which
aliens
are sought; or
(ii)
if there is no such bargaining
representative
, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which nonimmigrants under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
are sought.
(D)
A specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed.
(2)
(A)
The employer shall make available for public examination, within one working day after the date on which an attestation under this subsection is filed, at the employer’s principal place of business or worksite, a copy of each such attestation (and such accompanying documents as are necessary).
(B)
(i)
The Secretary of Labor shall compile, on a current basis, a list (by employer and by occupational classification) of the attestations filed under this subsection. Such list shall include, with respect to each attestation, the wage rate, number of
aliens
sought, period of intended employment, and date of need.
(ii)
The Secretary of Labor shall make such list available for public examination in Washington, D.C.
(C)
The Secretary of Labor shall review an attestation filed under this subsection only for completeness and obvious inaccuracies. Unless the Secretary of Labor finds that an attestation is incomplete or obviously inaccurate, the Secretary of Labor shall provide the certification described in
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
within 7 days of the date of the filing of the attestation.
(3)
(A)
The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting the failure of an employer to meet a condition specified in an attestation submitted under this subsection or misrepresentation by the employer of material facts in such an attestation. Complaints may be filed by any aggrieved person or
organization
(including bargaining
representatives
). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary of Labor shall conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred.
(B)
Under the process described in subparagraph (A), the Secretary of Labor shall provide, within 30 days after the date a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary of Labor determines that such a reasonable basis exists, the Secretary of Labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with
section 556 of title 5
, within 60 days after the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In the case of similar complaints respecting the same applicant, the Secretary of Labor may consolidate the hearings under this subparagraph on such complaints.
(C)
(i)
If the Secretary of Labor 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 paragraph (1)(C) or (1)(D), or a misrepresentation of material fact in an attestation—
(I)
the Secretary of Labor shall notify the Secretary of
State
and the
Secretary of Homeland Security
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 of Labor determines to be appropriate; and
(II)
the Secretary of
State
or the
Secretary of Homeland Security
, as appropriate, shall not approve petitions or applications filed with respect to that employer under section
1154
1184(c)
1101(a)(15)(H)(i)(b1)
, or
1101(a)(15)(E)(iii)
of this title during a period of at least 1 year for
aliens
to be employed by the employer.
(ii)
If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an attestation, or a violation of clause (iv)—
(I)
the Secretary of Labor shall notify the Secretary of
State
and the
Secretary of Homeland Security
of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary of Labor determines to be appropriate; and
(II)
the Secretary of
State
or the
Secretary of Homeland Security
, as appropriate, shall not approve petitions or applications filed with respect to that employer under section
1154
1184(c)
1101(a)(15)(H)(i)(b1)
, or
1101(a)(15)(E)(iii)
of this title during a period of at least 2 years for
aliens
to be employed by the employer.
(iii)
If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a willful misrepresentation of material fact in an attestation, in the course of which failure or misrepresentation the employer displaced a
United States worker
employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition or application supported by the attestation—
(I)
the Secretary of Labor shall notify the Secretary of
State
and the
Secretary of Homeland Security
of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 per violation) as the Secretary of Labor determines to be appropriate; and
(II)
the Secretary of
State
or the
Secretary of Homeland Security
, as appropriate, shall not approve petitions or applications filed with respect to that employer under section
1154
1184(c)
1101(a)(15)(H)(i)(b1)
, or
1101(a)(15)(E)(iii)
of this title during a period of at least 3 years for
aliens
to be employed by the employer.
(iv)
It is a violation of this clause for an employer who has filed an attestation under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection.
(v)
The Secretary of Labor and the
Secretary of Homeland Security
shall devise a process under which a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
who files a complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the
United States
may be allowed to seek other appropriate employment in the
United States
for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification.
(vi)
(I)
It is a violation of this clause for an employer who has filed an attestation under this subsection to require a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary of Labor shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant
State
law.
(II)
If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary of Labor may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigrant cannot be located, requiring payment of any such amount to the general fund of the Treasury.
(vii)
(I)
It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this subsection and who places a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
designated as a full-time employee in the attestation, after the nonimmigrant has entered into employment with the employer, in nonproductive status due to a decision by the employer (based on factors such as lack of work), or due to the nonimmigrant’s lack of a permit or license, to fail to pay the nonimmigrant full-time wages in accordance with paragraph (1)(A) for all such nonproductive time.
(II)
It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this subsection and who places a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
designated as a part-time employee in the attestation, after the nonimmigrant has entered into employment with the employer, in nonproductive status under circumstances described in subclause (I), to fail to pay such a nonimmigrant for such hours as are designated on the attestation consistent with the rate of pay identified on the attestation.
(III)
In the case of a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
who has not yet entered into employment with an employer who has had approved an attestation under this subsection with respect to the nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days after the date the nonimmigrant first is admitted into the
United States,
or 60 days after the date the nonimmigrant becomes eligible to work for the employer in the case of a nonimmigrant who is present in the
United States
on the date of the approval of the attestation filed with the Secretary of Labor.
(IV)
This clause does not apply to a failure to pay wages to a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
for nonproductive time due to non-work-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work.
(V)
This clause shall not be construed as prohibiting an employer that is a school or other educational institution from applying to a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
an established salary practice of the employer, under which the employer pays to nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title or
section 1101(a)(15)(E)(iii) of this title
and
United States workers
in the same occupational classification an annual salary in disbursements over fewer than 12 months, if—
(aa)
the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment; and
(bb)
the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to violate any condition of the nonimmigrant’s authorization under this chapter to remain in the
United States
(VI)
This clause shall not be construed as superseding clause (viii).
(viii)
It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this subsection to fail to offer to a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
, during the nonimmigrant’s period of authorized employment, benefits and eligibility for benefits (including the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and non-cash compensation, such as stock options (whether or not based on performance)) on the same basis, and in accordance with the same criteria, as the employer offers to
United States workers.
(D)
If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified in the attestation and required under paragraph (1), the Secretary of Labor shall order the employer to provide for payment of such amounts of back pay as may be required to comply with the requirements of paragraph (1), whether or not a penalty under subparagraph (C) has been imposed.
(E)
The Secretary of Labor may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date on which the employer is found by the Secretary of Labor to have committed a willful failure to meet a condition of paragraph (1) or to have made a willful misrepresentation of material fact in an attestation. The authority of the Secretary of Labor under this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A).
(F)
Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this chapter (such as the authorities under
section 1324b of this title
), or any other Act.
(4)
For purposes of this subsection:
(A)
The term “
area of employment
” means the area within normal commuting distance of the worksite or physical location where the work of the nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the
area of employment.
(B)
In the case of an attestation with respect to one or more nonimmigrants under
section 1101(a)(15)(H)(i)(b1) of this title
or
section 1101(a)(15)(E)(iii) of this title
by an employer, the employer is considered to “displace” a
United States worker
from a job if the employer
lays off
the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a
United States worker
with substantially equivalent qualifications and experience, and is located in the same
area of employment
as the other job.
(C)
(i)
The term “
lays off
”, with respect to a worker—
(I)
means to cause the worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but
(II)
does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.
(ii)
Nothing in this subparagraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract.
(D)
The term “
United States worker
” means an employee who—
(i)
is a citizen or
national of the United States
; or
(ii)
is an
alien
who is
lawfully admitted for permanent residence
, is admitted as a
refugee
under
section 1157 of this title
, is granted asylum under
section 1158 of this title
, or is an immigrant otherwise authorized, by this chapter or by the
Secretary of Homeland Security
, to be employed.
(t)
[12]
Foreign
residence
requirement
(1)
Except as provided in paragraph (2), no person admitted under
section 1101(a)(15)(Q)(ii)(I) of this title
, or acquiring such status after admission, shall be eligible to apply for nonimmigrant status, an
immigrant visa,
or
permanent
residence under this chapter until it is established that such person has resided and been physically present in the person’s country of nationality or last
residence
for an aggregate of at least 2 years following departure from the
United States.
(2)
The
Secretary of Homeland Security
may waive the requirement of such 2-year foreign
residence
abroad if the Secretary determines that—
(A)
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 an
alien
lawfully admitted for permanent residence
); or
(B)
the admission of the
alien
is in the public interest or the
national
interest of the
United States
(June 27, 1952, ch. 477, title II, ch. 2, § 212,
66 Stat. 182
; July 18, 1956, ch. 629, title III, § 301 (a),
70 Stat. 575
Pub. L. 85–508, § 23
July 7, 1958
72 Stat. 351
Pub. L. 86–3, § 20(b)
Mar. 18, 1959
73 Stat. 13
Pub. L. 86–648, § 8
July 14, 1960
74 Stat. 505
Pub. L. 87–256, § 109(c)
Sept. 21, 1961
75 Stat. 535
Pub. L. 87–301
, §§ 11–15,
Sept. 26, 1961
75 Stat. 654
, 655;
Pub. L. 89–236
, §§ 10, 15,
Oct. 3, 1965
79 Stat. 917
, 919;
Pub. L. 91–225, § 2
Apr. 7, 1970
84 Stat. 116
Pub. L. 94–484, title VI, § 601(a)
, (c), (d),
Oct. 12, 1976
90 Stat. 2300
, 2301;
Pub. L. 94–571
, §§ 5, 7(d),
Oct. 20, 1976
90 Stat. 2705
, 2706;
Pub. L. 95–83, title III, § 307(q)(1)
, (2),
Aug. 1, 1977
91 Stat. 394
Pub. L. 95–549, title I
, §§ 101, 102,
Oct. 30, 1978
92 Stat. 2065
Pub. L. 96–70, title III, § 3201(b)
Sept. 27, 1979
93 Stat. 497
Pub. L. 96–212, title II, § 203(d)
, (f),
Mar. 17, 1980
94 Stat. 107
Pub. L. 96–538, title IV, § 404
Dec. 17, 1980
94 Stat. 3192
Pub. L. 97–116
, §§ 4, 5(a)(1), (2), (b), 18(e),
Dec. 29, 1981
95 Stat. 1611
, 1612, 1620;
Pub. L. 98–454, title VI, § 602[(a)]
Oct. 5, 1984
98 Stat. 1737
Pub. L. 98–473, title II, § 220(a)
Oct. 12, 1984
98 Stat. 2028
Pub. L. 99–396, § 14(a)
Aug. 27, 1986
100 Stat. 842
Pub. L. 99–570, title I, § 1751(a)
Oct. 27, 1986
100 Stat. 3207–47
Pub. L. 99–639, § 6(a)
Nov. 10, 1986
100 Stat. 3543
Pub. L. 99–653, § 7(a)
Nov. 14, 1986
100 Stat. 3657
Pub. L. 100–204, title VIII, § 806(c)
Dec. 22, 1987
101 Stat. 1399
Pub. L. 100–525
, §§ 3(1)(A), 7(c)(1), (3), 8(f), 9(i),
Oct. 24, 1988
102 Stat. 2614
, 2616, 2617, 2620;
Pub. L. 100–690, title VII, § 7349(a)
Nov. 18, 1988
102 Stat. 4473
Pub. L. 101–238, § 3(b)
Dec. 18, 1989
103 Stat. 2100
Pub. L. 101–246, title I, § 131(a)
, (c),
Feb. 16, 1990
104 Stat. 31
Pub. L. 101–649, title I, § 162(e)(1)
, (f)(2)(B), title II, §§ 202(b), 205(c)(3), title V, §§ 511(a), 514(a), title VI, § 601(a), (b), (d),
Nov. 29, 1990
104 Stat. 5011
, 5012, 5014, 5020, 5052, 5053, 5067, 5075;
Pub. L. 102–232, title III
, §§ 302(e)(6), (9), 303(a)(5)(B), (6), (7)(B), 306(a)(10), (12), 307(a)–(g), 309(b)(7),
Dec. 12, 1991
105 Stat. 1746
, 1747, 1751, 1753–1755, 1759;
Pub. L. 103–43, title XX, § 2007(a)
June 10, 1993
107 Stat. 210
Pub. L. 103–317, title V, § 506(a)
Aug. 26, 1994
108 Stat. 1765
Pub. L. 103–322, title XIII, § 130003(b)(1)
Sept. 13, 1994
108 Stat. 2024
Pub. L. 103–416, title II
, §§ 203(a), 219(e), (z)(1), (5), 220(a),
Oct. 25, 1994
108 Stat. 4311
, 4316, 4318, 4319;
Pub. L. 104–132, title IV
, §§ 411, 412, 440(d),
Apr. 24, 1996
110 Stat. 1268
, 1269, 1277;
Pub. L. 104–208, div. C, title I, § 124(b)(1)
, title III, §§ 301(b)(1), (c)(1), 304(b), 305(c), 306(d), 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), 322(a)(2)(B), 341(a), (b), 342(a), 343, 344(a), 345(a), 346(a), 347(a), 348(a), 349, 351(a), 352(a), 355, title V, § 531(a), title VI, §§ 602(a), 622(b), 624(a), 671(e)(3),
Sept. 30, 1996
110 Stat. 3009–562
, 3009–576, 3009–578, 3009–597, 3009–607, 3009–612, 3009–616, 3009–619 to 3009–622, 3009–625, 3009–629, 3009–635 to 3009–641, 3009–644, 3009–674, 3009–689, 3009–695, 3009–698, 3009–723;
Pub. L. 105–73, § 1
Nov. 12, 1997
111 Stat. 1459
Pub. L. 105–277, div. C, title IV
, §§ 412(a)–(c), 413(a)–(e)(1), (f), 415(a), 431(a), div. G, subdiv. B, title XXII, § 2226(a),
Oct. 21, 1998
112 Stat. 2681–642
to 2681–651, 2681–654, 2681–658, 2681–820;
Pub. L. 105–292, title VI, § 604(a)
Oct. 27, 1998
112 Stat. 2814
Pub. L. 106–95
, §§ 2(b), 4(a),
Nov. 12, 1999
113 Stat. 1312
, 1317;
Pub. L. 106–120, title VIII, § 809
Dec. 3, 1999
113 Stat. 1632
Pub. L. 106–313, title I
, §§ 106(c)(2), 107(a),
Oct. 17, 2000
114 Stat. 1254
, 1255;
Pub. L. 106–386, div. A
, §§ 107(e)(3), 111(d), div. B, title V, §§ 1505(a), (c)(1), (d)–(f), 1513(e),
Oct. 28, 2000
114 Stat. 1478
, 1485, 1525, 1526, 1536;
Pub. L. 106–395, title II, § 201(b)(1)
, (2),
Oct. 30, 2000
114 Stat. 1633
, 1634;
Pub. L. 106–396, title I, § 101(b)(1)
Oct. 30, 2000
114 Stat. 1638
Pub. L. 107–56, title IV, § 411(a)
, title X, § 1006(a),
Oct. 26, 2001
115 Stat. 345
, 394;
Pub. L. 107–150, § 2(a)(2)
Mar. 13, 2002
116 Stat. 74
Pub. L. 107–273, div. C, title I, § 11018(c)
Nov. 2, 2002
116 Stat. 1825
Pub. L. 108–77, title IV, § 402(b)
, (c),
Sept. 3, 2003
117 Stat. 940
, 946;
Pub. L. 108–193
, §§ 4(b)(4), 8(a)(2),
Dec. 19, 2003
117 Stat. 2879
, 2886;
Pub. L. 108–447, div. J, title IV
, §§ 422(a), 423, 424(a)(1), (b),
Dec. 8, 2004
118 Stat. 3353–3355
Pub. L. 108–449, § 1(b)(2)
Dec. 10, 2004
118 Stat. 3470
Pub. L. 108–458, title V
, §§ 5501(a), 5502(a), 5503,
Dec. 17, 2004
118 Stat. 3740
, 3741;
Pub. L. 109–13, div. B, title I
, §§ 103(a)–(c), 104, title V, § 501(d),
May 11, 2005
119 Stat. 306–309
, 322;
Pub. L. 109–162, title VIII, § 802
Jan. 5, 2006
119 Stat. 3054
Pub. L. 109–271, § 6(b)
Aug. 12, 2006
120 Stat. 762
Pub. L. 110–161, div. J, title VI, § 691(a)
, (c),
Dec. 26, 2007
121 Stat. 2364
, 2365;
Pub. L. 110–229, title VII, § 702(b)(2)
, (3), (d),
May 8, 2008
122 Stat. 860
, 862;
Pub. L. 110–293, title III, § 305
July 30, 2008
122 Stat. 2963
Pub. L. 110–340, § 2(b)
Oct. 3, 2008
122 Stat. 3736
Pub. L. 110–457, title II
, §§ 222(f)(1), 234,
Dec. 23, 2008
122 Stat. 5071
, 5074;
Pub. L. 111–122, § 3(b)
Dec. 22, 2009
123 Stat. 3481
Pub. L. 111–287, § 2
Nov. 30, 2010
124 Stat. 3058
Pub. L. 113–4, title VIII, § 804
Mar. 7, 2013
127 Stat. 111
Pub. L. 119–1, § 3(d)
Jan. 29, 2025
139 Stat. 4
.)
[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.
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 Text
This 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.
Codification
Subsection (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.
Amendments
2025—Subsec. (d)(5).
Pub. L. 119–1, § 3(d)(1)
, substituted “
Secretary of Homeland Security
” for
“Attorney General”
wherever appearing.
Subsec. (d)(5)(C).
Pub. L. 119–1, § 3(d)(2)
, added subpar. (C).
2013—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(b)(1), 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(c), 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(b)(1), 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(b)(2), 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’
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(g)(1), (10)(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(e)(1), 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 Name
Committee 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 Amendment
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 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
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. 119–75, div. I, § 5013
Feb. 3, 2026
140 Stat. 631
, 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, 2026
’ for ‘
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 Functions
United
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 Functions
For 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, § 1758
Dec. 20, 2019
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
Dec. 19, 2018
132 Stat. 4479
, as amended by
Pub. L. 118–159, div. G, title LXXVIII, § 7812(f)
Dec. 23, 2024
138 Stat. 2566
, 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 10 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 10 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, § 1291
Aug. 13, 2018
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, § 1264
Dec. 19, 2014
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, 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. 119–75, div. F, title VII, § 7031(c)
Feb. 3, 2026
140 Stat. 565
, 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 [
Feb. 3, 2026
], and every 90 days thereafter until
September 30, 2027
, 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. 118–47, div. F, title VII, § 7031(c)
Mar. 23, 2024
138 Stat. 784
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, § 7084
Dec. 16, 2009
123 Stat. 3400
Pub. L. 111–8, div. H, title VII, § 7086
Mar. 11, 2009
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 Deportation
For 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 Grounds
Pub. 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 Guam
Pub. 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 Traffickers
Pub. 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 Aliens
Pub. 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, 1977
Pub. 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 Residence
Pub. 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. 119–75, div. F, title VII, § 7034
(l)(1),
Feb. 3, 2026
140 Stat. 571
, provided that:
“Unless otherwise defined in this Act [div. F of
Pub. L. 119–75
, 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. 118–47, div. F, title VII, § 7034(s)(1)
Mar. 23, 2024
138 Stat. 793
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 Aliens
Suspension 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 Coronavirus
Suspension 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 Aliens
Proc. 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.
Proclamation No. 9645
Proc. 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
Proclamation No. 9983
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
Proc. No. 10773. Securing the Border
Proc. No. 10773,
June 3, 2024
, 89 F.R.
48487
, as amended by Proc. No. 10817, §§ 1, 2,
Sept. 27, 2024
, 89 F.R.
80352
, provided:
There are more people around the world who are displaced from their homes today than at any point in time since World War II. Many factors have contributed to this problem. Failing regimes and dire economic conditions afflict many countries, including several in the Western Hemisphere. Violence linked to transnational criminal
organizations
has displaced
substantial
numbers of people in Latin America. The global COVID–19 pandemic upended societies around the globe. Natural disasters have forced people from their homes.
As a result of these global conditions, we have been experiencing
substantial
levels of migration throughout the Western Hemisphere, including at our southwest land border. In 2019, encounters nearly doubled from their 2018 level to almost 1 million. In 2020, the global COVID–19 pandemic led countries throughout the world to shut their borders and suspend international travel; however, once the pandemic began to recede, international travel resumed, and we again experienced elevated levels of migration throughout the Western Hemisphere, including at our southwest land border.
On
May 11, 2023
, as part of my Administration’s work to prepare for the end of the
Centers for Disease Control and Prevention
’s public health order under title 42,
United States
Code, and to return to processing all noncitizens under immigration authorities under title 8,
United States
Code (title 8), the
Department of Homeland Security
(DHS) and the
Department of Justice
(DOJ) issued a final rule, entitled Circumvention of Lawful Pathways (Lawful Pathways rule), encouraging the use of lawful pathways and imposing a rebuttable presumption of asylum ineligibility on those who do not use them.
The Lawful Pathways rule was designed to address the high levels of migration throughout the Western Hemisphere and further discourage irregular migration by encouraging migrants to use lawful, safe, and orderly processes for entering the
United States
or to seek protection in other partner nations; imposing a presumptive condition on asylum eligibility for those who fail to do so; and supporting the swift return of those who do not have valid protection claims.
As a complement to the Lawful Pathways rule and associated enforcement efforts, the
Department of State
and DHS have taken significant steps to expand safe and orderly pathways for migrants to enter the
United States
lawfully. Those steps include establishing Safe Mobility Offices in Colombia, Costa Rica, Ecuador, and Guatemala to facilitate access to lawful pathways; expanding country-specific and other available processes to seek parole on a case-by-case basis for urgent humanitarian reasons or significant public benefit; expanding access to visa programs for seasonal employment; establishing a mechanism for noncitizens to schedule a time and place to present at ports of entry in a safe, orderly, and lawful manner through the CBP One mobile application; and expanding
refugee
admissions from the Western Hemisphere from 5,000 in Fiscal Year 2021 to up to 50,000 in Fiscal Year 2024.
The Lawful Pathways rule and these complementary measures have made a
substantial
impact. On
May 12, 2023
, DHS returned to processing all noncitizens under title 8 immigration authorities and is processing noncitizens at record scale and efficiency. Since then, my Administration has maximized the use of expedited removal to the greatest extent possible given limited resources, placing more than 970 individuals encountered at and between ports of entry at the southwest land border into the process each day on average and conducting more than 152,000 credible fear interviews, both of which are record highs. As a result, from
May 12, 2023
, to
May 1, 2024
, my Administration removed or returned more than 720,000 noncitizens who did not have a lawful basis to remain in the
United States,
the vast majority of whom crossed the southwest land border. Total removals and returns in the 12 months following
May 12, 2023
, exceeded removals and returns in every full Fiscal Year since 2010. The majority of all individuals encountered at the southwest land border from Fiscal Year 2021 to Fiscal Year 2023 were removed, returned, or expelled.
Despite these efforts, and after months of reduced encounter levels following the changes put in place after
May 12, 2023
, encounter levels increased toward the end of 2023, and December 2023 saw the highest level of encounters between ports of entry in history, as increasing numbers of people migrated through the Western Hemisphere. The challenges presented by this surge in migration, which would have been even worse had the Lawful Pathways rule and other measures not been in place, were compounded by the fact that the surge was focused increasingly on western areas of the border in California and Arizona that are geographically remote, challenging to address, and without sufficient pre-existing infrastructure or resources to respond to the surge. From January to March 2024, encounters decreased from and have remained below levels experienced in November and December 2023, including as a result of increased enforcement by the
United States
and partner countries. However, the factors that are driving the unprecedented movement of people in our hemisphere remain, and there is still a
substantial
and elevated level of migration that continues to pose significant operational challenges.
The current situation is also the direct result of the
Congress
’s failure to update an immigration and asylum system that is simply broken—and not equipped to meet current needs. While my Administration has vigorously enforced the law within the constraints imposed by the existing system, the statutory framework put in place by the
Congress
is outdated. For the vast majority of people in immigration proceedings, the current laws make it impossible to quickly grant protection to those who require it and to quickly remove those who do not establish a legal basis to remain in the
United States.
This reality is compounded by the fact that the
Congress
has chronically underfunded our border security and immigration system and has failed to provide the resources or reforms it needs to be able to deliver timely consequences to most individuals who cross unlawfully and cannot establish a legal basis to remain in the
United States.
Despite the strengthened consequences in place at our border through the Lawful Pathways rule and the related measures that have led to record returns and removals, encounter levels are exceeding our capacity to deliver those consequences in a timely manner due to the outdated laws and limited resources we have available.
My Administration has repeatedly asked the
Congress
to update the outdated and inadequate immigration statutes, to create a legal framework that is functional and addresses current realities, and to provide additional resources so that we can more effectively deliver consequences at the border. In August 2023, I requested more than $4 billion in additional funding for border security and related migration issues, including more than $2 billion for urgent DHS border management requirements. The
Congress
failed to act. In October 2023, I requested $13.6 billion for border enforcement and migration management. This request included more than $5 billion for DHS to manage conditions on the southern border, as well as funding for critical capacity enhancements to keep the southern border secure. The
Congress
once again failed to provide our border and immigration system with the resources it needs to deliver timely consequences to those who cross unlawfully.
In early February 2024, a bipartisan group of Senators introduced legislation (bipartisan legislative proposal) containing the toughest and fairest reforms of our asylum laws in decades that would have provided new authorities to significantly streamline and speed up immigration enforcement proceedings for individuals encountered at the border, including those who are seeking protection. Critically, the bipartisan legislative proposal included nearly $20 billion in additional resources for DHS and other departments to implement those new authorities, such as:
(a) over 1,500 new U.S. Customs and Border Protection (CBP) personnel, including Border Patrol agents and CBP officers;
(b) over 4,300 new asylum officers and additional U.S. Citizenship and Immigration
Services
staff to facilitate timely and fair decisions;
(c) 100 new immigration judge teams to help reduce the asylum caseload backlog and adjudicate cases more quickly;
(d) shelter and critical
services
for newcomers in our cities and
States;
and
(e) 1,200 new U.S. Immigration and Customs Enforcement personnel for functions including enforcement and deportations.
While the bipartisan legislative proposal did not include everything we wanted, senior officials from my Administration worked closely with the bipartisan group of Senators to ensure that the reforms would adequately address the challenges that we have been facing at our southern border for more than a decade. However, the
Congress
failed to move forward with this bipartisan legislative proposal.
The Further Consolidated Appropriations Act, 2024 (
Public Law 118–47
) [see Tables for classification] increased funding for DHS over Fiscal Year 2023, but it did not address the needs identified in various related supplemental requests, nor did it equip the Federal Government with the new authorities from the bipartisan legislative proposal. In May 2024, when the
Senate
again considered the bipartisan legislative proposal, the
Senate
failed to advance the measure.
Our broken immigration system is directly contributing to the historic migration we are seeing throughout the Western Hemisphere, exacerbated by poor economic conditions, natural disasters, and general insecurity, and this fact, combined with inadequate resources to keep pace, has once again severely strained our capacity at the border. The result is a vicious cycle in which our
United States
Border Patrol facilities constantly risk overcrowding, our detention system has regularly been at capacity, and our asylum system remains backlogged and cannot deliver timely decisions, all of which spurs more people to make the dangerous journey north to the
United States
The
Congress
’s failure to deliver meaningful policy reforms and adequate funding, despite repeated requests that they do so, is a core cause of this problem. Under current law, whenever a noncitizen in expedited removal indicates an intention to apply for asylum or a fear of persecution, they are referred for an interview with an asylum officer and cannot be removed through expedited removal if there is a significant possibility that they could establish eligibility for asylum. This screening standard is a requirement imposed by the
Congress
, but it has not functioned well in predicting ultimate success in asylum proceedings. From 2014 to 2019, 83 percent of individuals referred for an interview with an asylum officer passed the screening stage, meaning that they were not removed pursuant to expedited removal, but less than 25 percent of cases ultimately resulted in a grant of asylum or other protection, often after waiting years to reach a final decision. By imposing a rebuttable presumption of asylum ineligibility on those who cross the border unlawfully, the Lawful Pathways rule has made a meaningful impact in reducing this disparity. The screen-in rate from
May 12, 2023
, to
March 31, 2024
, dropped to 52 percent for individuals who are subject to the rebuttable presumption of asylum ineligibility. However, the Lawful Pathways rule alone is inadequate during times of record encounter levels and cannot change the underlying statutory limitations.
Data confirm that the system has been badly strained for many years and is not functioning to provide timely relief for those who warrant it or timely consequences for those without viable protection claims. Due to an outdated and inefficient system and insufficient resources that do not allow for prompt adjudication of claims, too many people have had to be processed by the Border Patrol and released with a notice to appear in removal proceedings before an immigration judge since May 2023. The U.S. Citizenship and Immigration
Service
affirmative asylum backlog is now over 1 million cases and growing, with over 300,000 applications filed prior to 2021 still pending. At the end of Fiscal Year 2023, there were over 2.4 million cases pending in the immigration courts. Pending cases more than doubled from the end of Fiscal Year 2016 to the end of Fiscal Year 2020 and doubled again between that time and the end of Fiscal Year 2023. Between Fiscal Year 2006 and the end of Fiscal Year 2023, in tandem with historic increases in filings to initiate immigration court proceedings, the immigration courts’ pending caseload increased from approximately 170,000 to approximately 2.46 million. During Fiscal Year 2023, immigration judges completed more cases than they ever had before in a single year, but more than twice as many cases were received by the immigration courts than were completed.
The status quo system—the result of outdated laws and inadequate resources—has become a driver for unlawful migration throughout the region and an increasingly lucrative source of income for dangerous transnational criminal
organizations
and other criminal smuggling
organizations
that, without countermeasures, will continue to grow in strength and pose significant threats to the safety and security of
United States
communities and migrants, as well as countries throughout the region.
Considering these trends and the decades-long failure of the
Congress
to address the problem through systemic reform and adequate funding, and following the
Congress
’s failure to pass the bipartisan legislative proposal, I must exercise my executive authorities to meet the moment. This proclamation answers the call by suspending entry of noncitizens across the southern border during this time of high border crossings. Appropriate exceptions are provided, such as for those who are particularly vulnerable or present pursuant to a process the
Secretary of Homeland Security
determines is appropriate to allow for safe and orderly processing into the
United States.
That process will continue to allow for individuals to seek entry to this country each day in a safe and orderly manner, and following their arrival, to seek protection through the appropriate process. This proclamation, in conjunction with steps to be taken by DOJ and DHS, is needed to enhance our ability to address the historic levels of migration and more efficiently process migrants arriving at the southern border given current resource levels.
These actions do not change or fully compensate for the fact that our immigration system is under-resourced and broken, nor do they change the fact that there are significant limits to what can be achieved without the
Congress
fulfilling its responsibility to help solve the unprecedented challenge that we are facing. No executive action can deliver the significant policy reforms and additional resources that were in the bipartisan legislative proposal. But I will continue to take actions, within these constraints, to address the situation at our southern border.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the
United States
, by the authority vested in me by the Constitution and the laws of the
United States
of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act
8 U.S.C. 1182(f)
and 1185(a)) and
section 301 of title 3
United States
Code, hereby find that, absent the measures set forth in this proclamation, the entry into the
United States
of persons described in section 1 of this proclamation under circumstances described in section 2 of this proclamation would be detrimental to the interests of the
United States,
and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:
Section
1. Suspension and Limitation on Entry. The entry of any noncitizen into the
United States
across the southern border is hereby suspended and limited, subject to section 3 of this proclamation. This suspension and limitation on entry shall be effective at 12:01 a.m. eastern daylight time on
June 5, 2024
. The suspension and limitation directed in this proclamation shall be discontinued pursuant to subsection 2(a) of this proclamation, subject to subsection 2(b) of this proclamation.
Sec.
2. Applicability of Suspension and Limitation on Entry. (a) The
Secretary of Homeland Security
shall monitor the number of daily encounters and, subject to subsection (b) of this section, the suspension and limitation on entry pursuant to section 1 of this proclamation shall be discontinued at 12:01 a.m. eastern time on the date that is 14 calendar days after the Secretary makes a factual determination that there have been 28 consecutive calendar days of a 7-consecutive-calendar-day average of less than 1,500 encounters, not including encounters described in subsection 4(a)(iii) of this proclamation.
(b) Notwithstanding a factual determination made under subsection (a) of this section, the suspension and limitation on entry pursuant to section 1 of this proclamation shall apply at 12:01 a.m. eastern time on the calendar day immediately after the Secretary has made a factual determination that there has been a 7-consecutive-calendar-day average of 2,500 encounters or more, not including encounters described in subsection 4(a)(iii) of this proclamation, until such suspension and limitation on entry is discontinued pursuant to subsection (a) of this section.
(c) [Revoked. Proc. No. 10817, § 2,
Sept. 27, 2024
, 89 F.R.
80352
.]
Sec.
3. Scope and Implementation of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply across the southern border to noncitizens, other than those described in subsection (b) of this section, during such times that the suspension and limitation on entry is in effect.
(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
(i) any noncitizen
national of the United States
(ii) any lawful
permanent
resident of the
United States
(iii) any unaccompanied child [sic] as defined in
section 279(g)(2) of title 6
United States
Code;
(iv) any noncitizen who is determined to be a victim of a severe form of trafficking in persons, as defined in
section 7102(16) of title 22
United States
Code [
section 103(16) of Pub. L. 106–386
];
(v) any noncitizen who has a valid visa or other lawful permission to seek entry or admission into the
United States
, or presents at a port of entry pursuant to a pre-scheduled time and place, including:
(A) members of the
United States
Armed Forces and associated personnel,
United States
Government employees or contractors on orders abroad, or their accompanying family members who are on their orders or are members of their household;
(B) noncitizens who hold a valid visa or who have all necessary documents required for admission consistent with the requirements of
section 1182(a)(7) of title 8
United States
Code, upon arrival at a port of entry;
(C) noncitizens traveling pursuant to the visa waiver program as described in
section 1187 of title 8
United States
Code [section 217 of act June 27, 1952, ch. 477]; and
(D) noncitizens who arrive in the
United States
at a southwest land border port of entry pursuant to a process the
Secretary of Homeland Security
determines is appropriate to allow for the safe and orderly entry of noncitizens into the
United States;
(vi) any noncitizen who is permitted to enter by the
Secretary of Homeland Security
, acting through a CBP
immigration officer,
based on the totality of the circumstances, including consideration of significant law enforcement, officer and public safety, urgent humanitarian, and public health interests at the time of the entry or encounter that warranted permitting the noncitizen to enter; and
(vii) any noncitizen who is permitted to enter by the
Secretary of Homeland Security
, acting through a CBP
immigration officer,
due to operational considerations at the time of the entry or encounter that warranted permitting the noncitizen to enter.
(c) An exception under subsection (b) of this section from the suspension and limitation on entry pursuant to section 1 of this proclamation does not affect a noncitizen’s inadmissibility under the
Immigration and Nationality Act
[act June 27, 1952, ch. 477, see Tables for classification] for a reason other than the applicability of this proclamation.
(d) The
Secretary of Homeland Security
and the
Attorney General
are authorized to issue any instructions, orders, or regulations as may be necessary to implement this proclamation, including the determination of the exceptions in subsection (b) of this section, and shall promptly consider issuing any instructions, orders, or regulations as may be necessary to address the circumstances at the southern border, including any additional limitations and conditions on asylum eligibility that they determine are warranted, subject to any exceptions that they determine are warranted.
(e) Nothing in this proclamation shall limit the statutory processes afforded to unaccompanied children upon entering the
United States
under
section 279 of title 6
United States
Code, and
section 1232 of title 8
United States
Code [
section 235 of Pub. L. 110–457
].
Sec.
4. Definitions. (a) The term “encounter” refers to a noncitizen who:
(i) is physically apprehended by CBP
immigration officers
within 100 miles of the
United States
southwest land border during the 14-day period immediately after entry between ports of entry;
(ii) is physically apprehended by DHS personnel at the southern coastal borders during the 14-day period immediately after entry between ports of entry; or
(iii) is determined to be inadmissible at a southwest land border port of entry.
(b) The term “southern coastal borders” means all maritime borders in Texas, Louisiana, Mississippi, Alabama, and Florida; all maritime borders proximate to the southwest land border, the Gulf of Mexico, and the southern Pacific coast in California; and all maritime borders of the
United States
Virgin Islands and Puerto
Rico
(c) The term “southwest land border” means the entirety of the
United States
land border with Mexico.
(d) The term “southern border” means the southwest land border and the southern coastal borders.
Sec.
5. Severability. It is the policy of the
United States
to enforce this proclamation to the maximum extent possible to advance the interests of the
United States.
Accordingly, if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby.
Sec.
6. General Provisions. (a) Nothing in this proclamation 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 proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of June, in the year of our Lord two thousand twenty-four, and of the Independence of the
United States
of America the two hundred and forty-eighth.
J.R. Biden, Jr.
Proc. No. 10817. Amending Proclamation 10773
Proc. No. 10817,
Sept. 27, 2024
, 89 F.R.
80351
, provided:
On
June 3, 2024
, I signed Proclamation 10773 (Securing the Border) [set out as a note above]. That proclamation suspended and limited the entry of certain noncitizens into the
United States
across the southern border during times of high border crossings, and directed the
Secretary of Homeland Security
and the
Attorney General
to promptly consider issuing any instructions, orders, or regulations as might be necessary to address the circumstances at the southern border, including any additional limitations and conditions on asylum eligibility that they determined were warranted. Following that direction, the
Secretary of Homeland Security
and the
Attorney General
issued an interim final rule (IFR) that established a limitation on asylum eligibility for certain noncitizens who enter the
United States
across the southern border during times when Proclamation 10773 and the IFR are designed to be in effect, and revised certain procedures applicable to the expedited removal process to more swiftly apply consequences for irregular migration during those times for noncitizens who do not establish a lawful basis to remain.
Those actions have already produced significant results. Since Proclamation 10773 and the IFR went into effect, and as of the end of the last calendar month, the average number of encounters by the
United States
Border Patrol at our southwest border between ports of entry has decreased by 59 percent compared to the period after the Circumvention of Lawful Pathways rule began to apply on
May 12, 2023
, and before Proclamation 10773 and the IFR went into effect. July and August 2024 were the lowest 2 months of encounters between ports of entry since September 2020. While Proclamation 10773 and the IFR have been in effect, and for individuals encountered between southern border ports of entry as of the end of the last calendar month, the
Department of Homeland Security
has removed or returned 70 percent of single adults and family members, including more than 119,000 individuals to more than 140 countries; has more than tripled the percentage of noncitizens processed through expedited removal; and has decreased the percentage of noncitizens encountered at the southwest border who are released by
United States
Border Patrol pending their removal proceedings by 52 percent.
Following the issuance of the IFR, the
Department of Homeland Security
and the
Department of Justice
(Departments) received and reviewed more than 1,000 comments. Based on their review of those comments and their experience in implementing Proclamation 10773 and the IFR, the Departments have identified two issues related to the thresholds for determining when to apply the suspension and limitation on entry in Proclamation 10773 and the measures described in the IFR.
First, having closely monitored the 7-consecutive-calendar-day average of encounters following the issuance of Proclamation 10773 and the IFR, the Departments have assessed that the current threshold for discontinuing the suspension and limitation on entry in Proclamation 10773 and the measures described in the IFR could be reached following a short-term decrease in the number of encounters at the southern border that does not reflect a sustained decrease in the number of such encounters or an end to the border circumstances in which Proclamation 10773 and the IFR are designed to apply. The Departments are currently considering regulatory action to address this issue as it relates to the measures described in the IFR. With respect to Proclamation 10773, to ensure that the threshold to discontinue the suspension and limitation on entry reflects a sustained decrease in encounters, I have now determined that the suspension and limitation on entry in that proclamation should be discontinued only after the
Secretary of Homeland Security
has made a factual determination that there have been 28 consecutive calendar days in which the 7-consecutive-calendar-day average of encounters is less than 1,500.
Second, while Proclamation 10773 and the IFR excluded encounters of unaccompanied children from non-contiguous countries from the calculation of encounters, the Departments have assessed, based on their experience implementing Proclamation 10773 and the IFR, that this exclusion is unwarranted because processing such noncitizens is particularly resource-intensive for our frontline personnel at the southern border. This experience indicates that excluding these noncitizens from the calculation yields inaccurate estimates of system capacity. Again, the Departments are currently considering regulatory action to address this issue as it relates to the measures described in the IFR. I have now concluded that in order to better achieve Proclamation 10773’s goal of enhancing our ability to address historic levels of migration and more efficiently process migrants arriving at the southern border, that proclamation should include unaccompanied children from both non-contiguous and contiguous countries in the calculation of encounters. Consistent with section 3(b)(iii) of Proclamation 10773, any unaccompanied children will remain excepted from the suspension and limitation on entry pursuant to section 1 of Proclamation 10773.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the
United States
, by the authority vested in me by the Constitution and the laws of the
United States
of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act
8 U.S.C. 1182(f)
and 1185(a)) and
section 301 of title 3
United States
Code, hereby find that, absent the measures set forth in Proclamation 10773, as amended by this proclamation, the entry into the
United States
of persons described in section 1 of Proclamation 10773 under circumstances described in section 2 of Proclamation 10773, as amended by this proclamation, would be detrimental to the interests of the
United States,
and that the entry of such persons should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:
Section
1. Amendment to Section 2(a) of Proclamation 10773. [Amended Proc. No. 10773.]
Sec.
2. Revocation of Section 2(c) of Proclamation 10773. [Amended Proc. No. 10773.]
Sec.
3. Severability. It is the policy of the
United States
to enforce this proclamation to the maximum extent possible to advance the interests of the
United States.
Accordingly, if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby.
Sec.
4. Effectiveness. The amendments described in sections 1 and 2 of this proclamation shall be effective if and when there is in effect a final rule promulgated by the
Secretary of Homeland Security
and the
Attorney General
that amends the IFR entitled Securing the Border, 89 FR
48
710
June 7, 2024
), consistent with the amendments described in sections 1 and 2 of this proclamation. If, due to court order, the final rule described in the prior sentence cannot be enforced insofar as it makes changes consistent with the amendment described in section 1 of this proclamation, then the amendment described in section 1 of this proclamation will no longer be in effect and section 2(a) of Proclamation 10773 shall continue to apply by its terms. If, due to court order, the final rule described in the first sentence of this section cannot be enforced insofar as it makes changes consistent with the amendment described in section 2 of this proclamation, then the amendment described in section 2 of this proclamation will no longer be in effect and section 2(c) of Proclamation 10773 shall continue to apply by its terms.
Sec.
5. General Provisions. (a) Nothing in this proclamation 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 proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of September, in the year of our Lord two thousand twenty-four, and of the Independence of the
United States
of America the two hundred and forty-ninth.
J.R. Biden, Jr.
Proc. No. 10888. Guaranteeing the States Protection Against Invasion
Proc. No. 10888,
Jan. 20, 2025
, 90 F.R.
8333
, provided:
By the authority vested in me as President by the Constitution and the laws of the
United States
of America, I hereby proclaim:
An essential feature of any sovereign nation is the existence of territorial boundaries and the inherent authority to decide who and what may cross those boundaries. The
Supreme Court of the United States
has described this power as a “fundamental act of sovereignty,” which “stems not alone from legislative power but is inherent in the executive power to control the foreign affairs of the nation.” U.S. ex rel. Knauff v. Shaughnessy, 338 U.S.
537, 542
(1950). The Supreme Court has recognized the inherent right and duty of the Executive Branch to defend our
national
sovereignty, stating that “[w]hen
Congress
prescribes a procedure concerning the admissibility of
aliens,
it is not dealing alone with a legislative power. It is implementing an inherent executive power.” Id.
The
Congress
has, in establishing “an uniform Rule of
Naturalization,
” created a complex and comprehensive Federal scheme in the
Immigration and Nationality Act
(INA),
8 U.S.C. 1101
et seq., to control the entry and exit of people and goods across the borders of the
United States.
In routine circumstances, this complex and comprehensive scheme can protect the
national
sovereignty of the
United States
by facilitating the admission of individuals whose presence serves the
national
interest and preventing the admission of those who do not, such as those
aliens
who pose threats to public health, section 212(a)(1) of the INA,
8 U.S.C. 1182(a)(1)
; safety, section 212(a)(2) (
8 U.S.C. 1182(a)(2)
); and
national
security, section 212(a)(3) (
8 U.S.C. 1182(a)(3)
). Prospective immigrants who use the visa system are screened for such health, safety, and security concerns while outside of the
United States,
and are not permitted to enter the
United States
until they establish that they are eligible to be admitted as a matter of law and should be admitted as a matter of discretion.
But screening under those provisions of the INA can be wholly ineffective in the border environment, where access to necessary information is limited for
aliens
who have traveled from countries around the world to enter the
United States
illegally, or when the system is overwhelmed, leading to the unauthorized entry of innumerable illegal
aliens
into the
United States
Due to significant information gaps—particularly in the border environment—and processing times, Federal officials do not have the ability to verify with certainty the criminal record or
national
-security risks associated with the illegal entry of every
alien
at the southern border, as required by section 212(a)(2)–(3) of the INA,
8 U.S.C. 1182(a)(2)
–(3). Nor do
aliens
who illegally cross the southern border readily provide comprehensive background information from their home countries to Federal law enforcement officials.
The public safety and
national
security risks in such an environment are heightened by the presence of, and control of territory by, international cartels and other transnational criminal
organizations
on the other side of the southern border, as well as terrorists and other malign actors who intend to harm the
United States
and the American people. And the risks associated with these issues are greatly exacerbated when the number of
aliens
illegally crossing the southern border increases to levels that prevent actual operational control of the border.
The same is true for public health, where the Federal Government currently lacks an effective operational capability to screen all illegal
aliens
crossing the southern border for communicable diseases of public-health concern, as required by section 212(a)(1) of the INA,
8 U.S.C. 1182(a)(1)
. Effectively no
aliens
who illegally enter the
United States
provide Federal officials at the southern border with their comprehensive health information, as a lawful immigrant would. As a result, innumerable
aliens
potentially carrying communicable diseases of public health significance illegally cross the southern border and enter communities across the
United States.
Over the last 4 years, at least 8 million illegal
aliens
were encountered along the southern border of the
United States
, and countless millions more evaded detection and illegally entered the
United States
. The sheer number of
aliens
entering the
United States
has overwhelmed the system and rendered many of the INA’s provisions ineffective, including those previously described that are intended to prevent
aliens
posing threats to public health, safety, and
national
security from entering the
United States
. As a result, millions of
aliens
who potentially pose significant threats to health, safety, and
national
security have moved into communities nationwide.
This ongoing influx of illegal
aliens
across the southern border of the
United States
has placed significant costs and constraints upon the
States,
which have collectively spent billions of dollars in providing medical care and related human
services,
and have spent considerable amounts on increased law enforcement costs associated with the presence of these illegal
aliens
within their boundaries.
In joining the Union, the
States
agreed to surrender much of their sovereignty and join the Union in exchange for the Federal Government’s promise in Article IV, Section 4 of the U.S. Constitution, to “protect each of [the
States
] against Invasion.” I have determined that the current
state
of the southern border reveals that the Federal Government has failed in fulfilling this obligation to the
States
and hereby declare that an invasion is ongoing at the southern border, which requires the Federal Government to take measures to fulfill its obligation to the
States
The INA provides the President with certain emergency tools. For example, it
states
that “[w]henever 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.”
8 U.S.C. 1182(f)
. This statute “exudes deference to the President in every clause.” Trump v. Hawaii, 585 U.S.
667, 684
(2018). Further, the INA renders it unlawful for “any
alien
to depart from or enter or attempt to depart from or enter the
United States
except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”
8 U.S.C. 1185(a)(1)
Historically, Presidents have used these statutory authorities to deny entry of designated classes and categories of
aliens
into the
United States
through ports of entry. But if the President has the power to deny entry of any
alien
into the
United States
, and to impose any restrictions as he may deem appropriate, this authority necessarily includes the right to deny the physical entry of
aliens
into the
United States
and impose restrictions on access to portions of the immigration system, particularly when the number of
aliens
illegally crossing the southern border prevents the Federal Government from obtaining operational control of the border.
The INA does not, however, occupy the Federal Government’s field of authority to protect the sovereignty of the
United States
, particularly in times of emergency when entire provisions of the INA are rendered ineffective by operational constraints, such as when there is an ongoing invasion into the
States.
The President’s inherent powers to control the borders of the
United States
, including those deriving from his authority to control the foreign affairs of the
United States
, necessarily include the ability to prevent the physical entry of
aliens
involved in an invasion into the
United States
, and to rapidly repatriate them to an alternative location. Only through such measures can the President guarantee the right of each
State
to be protected against invasion.
By the power vested in me by the Constitution and the laws of the
United States
, I have determined that the current situation at the southern border qualifies as an invasion under Article IV, Section 4 of the Constitution of the
United States
. Accordingly, I am issuing this Proclamation based on my express and inherent powers in Article
II
of the Constitution of the
United States,
and in faithful execution of the
immigration laws
passed by the
Congress
, and suspending the physical entry of
aliens
involved in an invasion into the
United States
across the southern border until I determine that the invasion has concluded.
NOW, THEREFORE, I, Donald J. Trump, President of the
United States
of America, by the authority vested in me by the Constitution and the laws of the
United States
of America, including sections 212(f) and 215(a) of the INA,
8 U.S.C. 1182(f)
and 1185(a), and
section 301 of title 3
United States
Code, hereby direct as follows:
Section
1. Suspension of Entry. I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA,
8 U.S.C. 1182(f)
and 1185(a), that the entry into the
United States
on or after the date of this order [
Jan. 20, 2025
] of
aliens
engaged in the invasion across the southern border is detrimental to the interests of the
United States.
I therefore direct that entry into the
United States
of such
aliens
be suspended until I issue a finding that the invasion at the southern border has ceased.
Sec.
2. Imposition of Restrictions on Entry for
Aliens
Invading the
United States.
I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA,
8 U.S.C. 1182(f)
and 1185(a), that
aliens
engaged in the invasion across the southern border of the
United States
on or after the date of this proclamation are restricted from invoking provisions of the INA that would permit their continued presence in the
United States,
including, but not limited to, section 208 of the INA,
8 U.S.C. 1158
, until I issue a finding that the invasion at the southern border has ceased.
Sec.
3. Suspension of and Restriction on Entry for
Aliens
Posing Public Health, Safety, or
National
Security Risks. I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA,
8 U.S.C. 1182(f)
and 1185(a), that the entry into the
United States,
on or after the date of this order, of any
alien
who fails, before entering the
United States,
to provide Federal officials with sufficient medical information and reliable criminal history and background information as to enable fulfillment of the requirements of sections 212(a)(1)–(3) of the INA,
8 U.S.C. 1182(a)(1)
–(3), is detrimental to the interests of the
United States.
I therefore direct that entry into the
United States
of such
aliens
be suspended and restrict their access to provisions of the INA that would permit their continued presence in the
United States,
including, but not limited to, section 208 of the INA,
8 U.S.C. 1158
Sec.
4. Constitutional Suspension of Physical Entry. Under the authorities provided to me under Article
II
of the Constitution of the
United States,
including my control over foreign affairs, and to effectuate the guarantee of protection against invasion required by Article IV, Section 4, I hereby suspend the physical entry of any
alien
engaged in the invasion across the southern border of the
United States,
and direct the
Secretary of Homeland Security
, in coordination with the Secretary of
State
and the
Attorney General,
to take appropriate actions as may be necessary to achieve the objectives of this proclamation, until I issue a finding that the invasion at the southern border has ceased.
Sec.
5. Operational Actions to Repel the Invasion. The
Secretary of Homeland Security
, in coordination with the Secretary of
State
and the
Attorney General,
shall take all appropriate action to repel, repatriate, or remove any
alien
engaged in the invasion across the southern border of the
United States
on or after the date of this order, whether as an exercise of the suspension power in section 212(f) and 215(a) of the INA,
8 U.S.C. 1182(f)
and 1185(a), or as an exercise of my delegated authority under the Constitution of the
United States,
until I issue a finding that the invasion at the southern border has ceased.
Sec.
6. General Provisions. (a) Nothing in this proclamation 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 proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-five, and of the Independence of the
United States
of America the two hundred and forty-ninth.
Donald J. Trump.
Executive Order No. 12324
Ex. 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 Aliens
Ex. 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 Region
Ex. 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. 13780
Ex. 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. 13815
Ex. 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.
Ex. Ord. No. 14161. Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats
Ex. Ord. No.
14161
Jan. 20, 2025
, 90 F.R.
8451
, provided:
By the authority vested in me as President by the Constitution and the laws of the
United States
of America, including the
Immigration and Nationality Act
(INA),
8 U.S.C. 1101
et seq., and
section 301 of title 3
United States
Code, it is hereby ordered:
Section
1. Policy and Purpose. (a) It is the policy of the
United States
to protect its citizens from
aliens
who intend to commit terrorist attacks, threaten our
national
security, espouse hateful ideology, or otherwise exploit the
immigration laws
for malevolent purposes.
(b) To protect Americans, the
United States
must be vigilant during the visa-issuance process to ensure that those
aliens
approved for admission into the
United States
do not intend to harm Americans or our
national
interests. More importantly, the
United States
must identify them before their admission or entry into the
United States
. And the
United States
must ensure that admitted
aliens
and
aliens
otherwise already present in the
United States
do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our
national
security.
Sec.
2. Enhanced Vetting and Screening Across Agencies.
(a) The Secretary of
State
, in coordination with the
Attorney General
, the
Secretary of Homeland Security
, and the Director of
National
Intelligence, shall promptly:
(i) identify all resources that may be used to ensure that all
aliens
seeking admission to the
United States
, or who are already in the
United States
, are vetted and screened to the maximum degree possible;
(ii) determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA for one of its
nationals
, and to ascertain whether the individual seeking the benefit is who the individual claims to be and that the individual is not a security or public-safety threat;
(iii) re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on
January 19, 2021
, that will be used for any
alien
seeking a visa or immigration benefit of any kind; and
(iv) vet and screen to the maximum degree possible all
aliens
who intend to be admitted, enter, or are already inside the
United States
, particularly those
aliens
coming from regions or nations with identified security risks.
(b) Within 60 days of the date of this order [
Jan. 20, 2025
], the Secretary of
State,
the
Attorney General,
the
Secretary of Homeland Security
, and the Director of
National
Intelligence shall jointly submit to the President, through the Assistant to the President for Homeland Security, a report:
(i) identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of
nationals
from those countries pursuant to section 212(f) of the INA (
8 U.S.C. 1182(f)
); and
(ii) identifying how many
nationals
from those countries have entered or have been admitted into the
United States
on or since
January 20, 2021
, and any other information the Secretaries and
Attorney General
deem relevant to the actions or activities of such
nationals
since their admission or entry to the
United States.
(c) Whenever information is identified that would support the exclusion or removal of any
alien
described in subsection 2(b), the
Secretary of Homeland Security
shall take immediate steps to exclude or remove that
alien
unless she determines that doing so would inhibit a significant pending investigation or prosecution of the
alien
for a serious criminal offense or would be contrary to the
national
security interests of the
United States.
Sec.
3. Additional Measures to Protect the Nation. As soon as possible, but no later than 30 days from the date of this order [
Jan. 20, 2025
], the Secretary of
State,
in coordination with the
Attorney General,
the
Secretary of Homeland Security
, and the Director of
National
Intelligence, shall also:
(a) Evaluate and adjust all existing regulations, policies, procedures, and provisions of the Foreign
Service
Manual, or guidance of any kind pertaining to each of the grounds of inadmissibility listed in sections 212(a)(2)–(3) of the INA (
8 U.S.C. 1182(a)(2)
–(3)), to ensure the continued safety and security of the American people and our constitutional republic;
(b) Ensure that sufficient safeguards are in place to prevent any
refugee
or stateless individual from being admitted to the
United States
without undergoing stringent identification verification beyond that required of any other
alien
seeking admission or entry to the
United States
(c) Evaluate all visa programs to ensure that they are not used by foreign nation-
states
or other hostile actors to harm the security, economic, political, cultural, or other
national
interests of the
United States
(d) Recommend any actions necessary to protect the American people from the actions of foreign
nationals
who have undermined or seek to undermine the fundamental constitutional rights of the American people, including, but not limited to, our Citizens’ rights to freedom of speech and the free exercise of religion protected by the
First
Amendment, who preach or call for sectarian violence, the overthrow or replacement of the culture on which our constitutional Republic stands, or who provide aid, advocacy, or support for foreign terrorists;
(e) Ensure the devotion of adequate resources to identify and take appropriate action for offenses described in
8 U.S.C. 1451
(f) Evaluate the adequacy of programs designed to ensure the proper assimilation of lawful immigrants into the
United States
, and recommend any additional measures to be taken that promote a unified American identity and attachment to the Constitution, laws, and founding principles of the
United States
; and
(g) Recommend any additional actions to protect the American people and our constitutional republic from foreign threats.
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 General
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 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 People
Memorandum 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
CFR Title
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223
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287
316
1003
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1236
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1287
20
655
656
22
40
41
42
62
29
504
507
42
34
45
50
51
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