TITLE 8 - US CODE - ALIENS AND NATIONALITY

TITLE 8 - US CODE - CHAPTER 1 - GENERAL PROVISIONS

1 to 18. Repealed or Omitted

These sections, relating to citizenship, were affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section 904 of this title. See the notes below for history of individual sections. Section 1, relating to citizenship of persons born in the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. It was from R.S. 1992, which was revised from act Apr. 9, 1866, ch. 31, 1, 14 Stat. 27. Similar provisions were contained in former section 601 (a) of this title. See section 1401 of this title. Section 2, relating to citizenship of persons born in Territory of Oregon, was from R.S. 1995, which was revised from act May 18, 1872, ch. 172, 3, 17 Stat. 134. Sections 3 to 3c, related to citizenship of Indians. Section 3 was from acts Feb. 8, 1887, ch. 119, 6, 24 Stat. 390; Mar. 3, 1901, ch. 868, 31 Stat. 1447; May 8, 1906, ch. 2348, 34 Stat. 182; Nov. 6, 1919, ch. 95, 41 Stat. 350; Mar. 3, 1921, ch. 120, 3, 41 Stat. 1250; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1173. Section 3a was from act June 19, 1930, ch. 544, 46 Stat. 787. Section 3b was from acts May 7, 1934, ch. 221, 1, 48 Stat. 667; July 23, 1947, ch. 304, 1, 61 Stat. 414. Section 3c was from act May 7, 1934, ch. 221, 2, 48 Stat. 667. Section 4, relating to citizenship of Hawaiians, was from act Apr. 30, 1900, ch. 339, 4, 31 Stat. 141. See section 1405 of this title. Sections 5 and 5a, relating to citizenship of Puerto Ricans, were from act Mar. 2, 1917, ch. 145, 5, 5a, respectively, 39 Stat. 953, as amended Mar. 4, 1927, ch. 503, 2, 44 Stat. 1418; May 17, 1932, ch. 190, 47 Stat. 158. See section 1402 of this title. Section 5a–1, making a further extension of time for Puerto Ricans to become citizens in cases of misinformation regarding status, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1174. It was from act May 16, 1938, ch. 225, 52 Stat. 377. See section 1402 of this title. Sections 5b and 5c, relating to citizenship of inhabitants of the Virgin Islands, were from act Feb. 25, 1927, ch. 192, 1, 3, respectively, 44 Stat. 1234, 1235, as amended May 17, 1932, ch. 190, 47 Stat. 158; June 28, 1932, ch. 283, 5, 47 Stat. 336. See section 1406 of this title. Sections 5d to 9a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1174. Sections 5d and 5e, relating to citizenship of persons born in Canal Zone or Panama, were from act Aug. 4, 1937, ch. 563, 1, 2, respectively, 50 Stat. 558; see section 1403 of this title. Section 6, relating to citizenship of children born outside the United States, was from R.S. 1993 (revised from acts Apr. 14, 1802, ch. 28, 4, 2 Stat. 155; Feb. 10, 1855, ch. 71, 1, 10 Stat. 604); act Mar. 2, 1907, ch. 2534, 6, 7, 34 Stat. 1229, as amended May 24, 1934, ch. 344, 1, 48 Stat. 797; see sections 1431 to 1433 of this title. Section 7, relating to citizenship of children of persons naturalized under certain laws, was from R.S. 2172, which was revised from act Apr. 14, 1802, ch. 28, 4, 2 Stat. 155. Section 8, relating to citizenship, upon parents naturalization, of children born abroad of alien parents, was from act Mar. 2, 1907, ch. 2534, 5, 34 Stat. 1229, as amended May 24, 1934, ch. 344, 2, 48 Stat. 797. Section 9, relating to citizenship of women citizens as affected by marriage, was from acts Sept. 22, 1922, ch. 411, 3(a), 42 Stat. 1022; July 3, 1930, ch. 835, 1, 46 Stat. 854; Mar. 3, 1931, ch. 442, 4(a), 46 Stat. 1511; see section 1435 of this title. Section 9a, relating to repatriation of native-born women married to aliens prior to Sept. 22, 1922, was from act June 25, 1936, ch. 801, 49 Stat. 1917, as amended July 2, 1940, ch. 509, 54 Stat. 715; see section 1435 (c) of this title. Section 10, relating to effect of certain repeals on citizenship of women marrying citizens, was from act Sept. 22, 1922, ch. 411, 6, 42 Stat. 1022. Sections 11 and 12, relating to forfeiture of citizenship for desertion from armed forces, were repealed by acts Aug. 10, 1956, ch. 1041, 53, 70A Stat. 644, and Sept. 6, 1966, Pub. L. 89–554, § 8, 80 Stat. 632. Section 11 was from R.S. 1998 (revised from act Mar. 3, 1865, ch. 79, 21, 13 Stat. 490) as amended by acts Aug. 22, 1912, ch. 336, 1, 37 Stat. 356; Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Section 12 was from R.S. 1996, 1997, which were revised from acts Mar. 3, 1865, ch. 79, 21, 13 Stat. 490, and July 19, 1867, ch. 28, 15 Stat. 14, respectively; see sections 1481 and 1483 of this title. Sections 13 and 14, relating to protection of citizens when abroad, were transferred to sections 1731 and 1732 of Title 22, Foreign Relations and Intercourse. Section 15, R.S. 1999, which relates to right of expatriation, is now set out as a note under section 1481 of this title. Sections 16 to 18, relating to loss of citizenship, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Section 16 was from act Mar. 2, 1907, ch. 2534, 2, 34 Stat. 1228. Section 17 was from act Mar. 2, 1907, ch. 2534, 2, 7, 34 Stat. 1228, 1229; see sections 1481 (a), 1482 and 1484 of this title. Section 17a was from act May 24, 1934, ch. 344, 3, 48 Stat. 797; see section 1481 (a) of this title. Section 18 was from acts June 29, 1906, ch. 3592, 4(12), 34 Stat. 596; May 9, 1918, ch. 69, 1, 40 Stat. 545; June 21, 1930, ch. 559, 46 Stat. 791; see sections 1438 (a), 1454, 1455, and 1459 of this title.

TITLE 8 - US CODE - CHAPTER 2 - ELECTIVE FRANCHISE

31, 32. Transferred

TITLE 8 - US CODE - CHAPTER 3 - CIVIL RIGHTS

41 to 43. Transferred

44, 45. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862, eff. Sept. 1, 1948

Section 44, act Mar. 1, 1875, ch. 114, 4, 18 Stat. 336, related to exclusion of jurors on account of race or color. See section 243 of Title 18, Crimes and Criminal Procedure. Section 45, acts Mar. 1, 1875, ch. 114, 3, 18 Stat. 336; May 28, 1896, ch. 252, 19, 29 Stat. 184, related to prosecutions for banning jurors because of race or color. See section 243 of Title 18.

46 to 51. Transferred

8 USC 52 - Repealed. June 25, 1948, ch. 646, 39, 62 Stat. 992, eff. Sept. 1, 1948

Section, R.S. 1986; acts May 28, 1896, ch. 252, 6, 29 Stat. 179; Feb. 26, 1919, ch. 49, 1, 40 Stat. 1182; Feb. 11, 1921, ch. 46, 41 Stat. 1099, related to fees of district attorneys, marshals, and clerks of court.

53 to 56. Transferred

TITLE 8 - US CODE - CHAPTER 4 - FREEDMEN

61 to 65. Omitted

TITLE 8 - US CODE - CHAPTER 5 - ALIEN OWNERSHIP OF LAND

71 to 78. Transferred

79 to 82. Omitted

83 to 86. Transferred

TITLE 8 - US CODE - CHAPTER 6 - IMMIGRATION

TITLE 8 - US CODE - SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS, AND STATIONS

100, 101. Transferred

8 USC 102 - Repealed. June 27, 1952, ch. 477, title IV, 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952

Section, acts Feb. 5, 1917, ch. 29, 23, 39 Stat. 892; May 14, 1937, ch. 181, 50 Stat. 164; Oct. 29, 1945, ch. 438, 59 Stat. 551; Oct. 15, 1949, ch. 695, 5(a), 63 Stat. 880, related to administration of immigration laws. See sections 1103, 1223 (a), and 1260 of this title.

103, 103a. Omitted

8 USC 104 - Repealed. Dec. 17, 1943, ch. 344, 1, 57 Stat. 600

Section, acts June 6, 1900, ch. 791, 1, 31 Stat. 611; Mar. 4, 1913, ch. 141, 3, 37 Stat. 737; Ex. Ord. No. 6166, 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, provided that Commissioner of Immigration and Naturalization should have charge, under supervision of Attorney General, of administration of Chinese exclusion laws.

8 USC 105 - Repealed. June 27, 1952, ch. 477, title IV, 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952

Section, act Feb. 5, 1917, ch. 29, 30, 39 Stat. 895, related to division of information.

106 to 106c. Repealed. Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172

Sections, acts June 29, 1906, ch. 3592, 1, 34 Stat. 596; Mar. 2, 1929, ch. 536, 1 to 3, 45 Stat. 1512, 1513; Apr. 19, 1934, ch. 154, 6, 48 Stat. 598; June 8, 1934, ch. 429, 48 Stat. 926; Aug. 7, 1939, ch. 517, 53 Stat. 1243, related to registry of aliens. Similar provisions were contained in former sections 728, 729, 742 (b), and 746 (l) of this title. See sections 1230 and 1259 of this title.

8 USC 107 - Repealed. Pub. L. 89554, 8(a), Sept. 6, 1966, 80 Stat. 637, 642

Section, acts Aug. 18, 1894, ch. 301, 1, 28 Stat 391; Aug. 1, 1914, ch. 223, 1, 38 Stat. 666; June 5, 1920, ch. 235, 1, 41 Stat. 936, provided for appointment of commissioners of immigration at the several ports.

108, 109. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952

Section 108, act Feb. 5, 1917, ch. 29, 23, 39 Stat. 892, related to duties of immigration officers. See section 1103 (a) of this title. Section 109, acts Feb. 5, 1917, ch. 29, 24, 39 Stat. 893; June 10, 1921, ch. 18, 304, 42 Stat. 24; May 29, 1928, ch. 864, 45 Stat. 954; Feb. 21, 1931, ch. 270, 46 Stat. 1205; May 2, 1932, ch. 156, 47 Stat. 145; June 20, 1942, ch. 426, 56 Stat. 373, related to officers and employees. See sections 1103 (a) and 1353 of this title.

109a to 109d. Transferred

8 USC 110 - Repealed. June 27, 1952, ch. 477, title IV, 403(a)(25), 66 Stat. 279, eff. Dec. 24, 1952

Section, acts Feb. 27, 1925, ch. 364, title IV, 43 Stat. 1049; Aug. 7, 1946, ch. 768, 60 Stat. 865; Mar. 20, 1952, ch. 108, 2, 66 Stat. 26, related to arrest of aliens without warrant. See section 1357 of this title.

8 USC 111 - Transferred

8 USC 112 - Omitted

8 USC 113 - Repealed. June 27, 1952, ch. 477, title IV, 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952

Section, act Feb. 5, 1917, ch. 29, 11a, 39 Stat. 882, related to detail of inspectors on vessels.

8 USC 114 - Omitted

115, 116. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952

Section 115, act Feb. 5, 1917, ch. 29, 26, 39 Stat. 894, related to disposal of privileges at immigrant stations. See section 1355 (a) of this title. Section 116, act Feb. 5, 1917, ch. 29, 27, 39 Stat. 894, related to local jurisdiction over immigrant stations. See section 1358 of this title.

117, 118. Omitted

Section 117, acts July 12, 1943, ch. 221, title II, 57 Stat. 507; June 28, 1944, ch. 302, title II, 58 Stat. 558, related to use of the hospital at Ellis Island Immigration Station for the care of Public Health Service patients. See section 1356 (a) of this title and section 220 of Title 42, The Public Health and Welfare. Similar provisions were contained in the following prior appropriation acts, which were repealed by section 1313, formerly section 611, of act July 1, 1944, ch. 373, 58 Stat. 714, 718. July 2, 1942, ch. 475, title II, 56 Stat. 581. July 1, 1941, ch. 269, title II, 55 Stat. 481. June 26, 1940, ch. 428, title II, 54 Stat. 585. May 6, 1939, ch. 115, title I, 53 Stat. 668. Mar. 28, 1938, ch. 55, 52 Stat. 133. May 14, 1937, ch. 180, title I, 50 Stat. 149. June 23, 1936, ch. 725, 49 Stat. 1839. May 14, 1935, ch. 110, 49 Stat. 229. Mar. 15, 1934, ch. 70, title I, 48 Stat. 435. Mar. 3, 1933, ch. 212, title I, 47 Stat. 1500. July 5, 1932, ch. 430, title I, 47 Stat. 591. Feb. 23, 1931, ch. 277, title I, 46 Stat. 1228. May 15, 1930, ch. 289, title I, 46 Stat. 347. Dec. 20, 1928, ch. 39, title I, 45 Stat. 1039. Mar. 5, 1928, ch. 126, title I, 45 Stat. 174. Jan. 26, 1927, ch. 58, 44 Stat. 1038. Mar. 2, 1926, ch. 43, 44 Stat. 147. Jan. 22, 1925, ch. 87, title I, 43 Stat. 775. Apr. 4, 1924, ch. 84, title I, 43 Stat. 75. Jan. 3, 1923, ch. 22, 42 Stat. 1101.

TITLE 8 - US CODE - SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL

8 USC 131 - Omitted

132 to 13710. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(1), (8), (11), (13), (16), (48), 66 Stat. 279, 280, eff. Dec. 24, 1952

Section 132, act Feb. 5, 1917, ch. 29, 2, 39 Stat. 875, related to head tax. See section 1351 of this title. Section 133, act Mar. 4, 1909, ch. 299, 1, 35 Stat. 982, related to covering of moneys into Treasury. See section 1356 (b) of this title. Section 134, act Feb. 3, 1905, ch. 297, 1, 33 Stat. 684, authorized refunds of head taxes erroneously collected under act Mar. 3, 1903, ch. 1012, 1, 32 Stat. 1213. Said act Mar. 3, 1903 was repealed by acts Feb. 20, 1907, ch. 1134, 43, 34 Stat. 911; Feb. 5, 1917, ch. 29, 38, 39 Stat. 897. Section 135, R.S. 2164, related to State tax or charge on immigrants. Section 136, acts Feb. 5, 1917, ch. 29, 3, 39 Stat. 875; June 5, 1920, ch. 243, 41 Stat. 981; Mar. 4, 1929, ch. 690, 1(d), 45 Stat. 1551; Sept. 27, 1944, ch. 418, 2, 58 Stat. 746, related to exclusion of aliens. See sections 1102, 1154, and 1182 of this title. Section 137, acts Oct. 16, 1918, ch. 186, 1, 40 Stat. 1012; June 5, 1920, ch. 251, 41 Stat. 1008; June 28, 1940, ch. 439, title II, 23(a), 54 Stat. 673; May 25, 1948, ch. 338, 62 Stat. 268; Sept. 23, 1950, ch. 1024, title I, 22, 64 Stat. 1006, related to exclusion of subversive aliens. See sections 1101 and 1182 of this title. Section 137–1, acts Oct. 16, 1918, ch. 186, 2, 40 Stat. 1012; June 28, 1940, ch. 439, title II, 23(b), 54 Stat. 673; Sept. 23, 1950, ch. 1024, title I, 22, 64 Stat. 1006, related to exceptions as to certain aliens seeking temporary entrance. See section 1182 (d)(2) of this title. Section 137–2, acts Oct. 16, 1918, ch. 186, 3, 40 Stat. 1012; Sept. 23, 1950, ch. 1024, title I, 22, 64 Stat. 1006, related to prohibition against issuance of visas to subversive aliens. Section 137–3, act Oct. 16, 1918, ch. 186, 4, as added Sept. 23, 1950, ch. 1024, title I, 22, 64 Stat. 1006, related to deportation of subversive aliens. Sections 137–4 to 137–8, act Oct. 16, 1918, ch. 186, 59, as added Sept. 23, 1950, ch. 1024, title I, 22, 64 Stat., 1006, related to temporary exclusion of suspects, subversive aliens and penalties. See sections 1102, 1182, 1225, 1253, 1326 and 1327 of this title. Section 137–9, act Mar. 28, 1951, ch. 23, 1, 65 Stat. 28, related to clarification of immigration status of certain aliens. Section 137–10, act Mar. 28, 1951, ch. 23, 2, 65 Stat. 28, related to recordation of entry for permanent residence.

8 USC 137a - Repealed. May 24, 1934, ch. 344, 5, 48 Stat. 798

Section, act Sept. 22, 1922, ch. 411, 8, as added July 3, 1930, ch. 826, 46 Stat. 849, provided as follows: 137a. Married woman whose husband is native-born citizen and veteran of World War. Any woman eligible by race to citizenship who has married a citizen of the United States before July 3, 1930, whose husband shall have been a native-born citizen and a member of the military or naval forces of the United States during the World War, and separated therefrom under honorable conditions; if otherwise admissible, shall not be excluded from admission into the United States under section 136 of this title, unless she be excluded under the provisions of that section relating to (a) Persons afflicted with a loathsome or dangerous contagious disease, except tuberculosis in any form; (b) Polygamy; (c) Prostitutes, procurers, or other like immoral persons; (d) Persons convicted of crime: Provided, That no such wife shall be excluded because of offenses committed during legal infancy, while a minor under the age of twenty-one years, and for which the sentences imposed were less than three months, and which were committed more than five years previous to July 3, 1930; (e) Persons previously deported; (f) Contract laborers. After admission to the United States she shall be subject to all other provisions of [former] sections 9 and 10 and 367–370 of this title.

137b to 173. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(2), (3), (5), (13), (18), (19), (23), (31), (32), (47), 66 Stat. 279, 280, eff. Dec. 24, 1952

Sections 137b to 137d, act Mar. 17, 1932, ch. 85, 13, 47 Stat. 67, related to alien musicians. See section 1182 (a) of this title. Section 138, act Feb. 5, 1917, ch. 29, 4, 39 Stat. 878, related to importation of aliens for immoral purposes. See sections 1326, 1328 and 1329 of this title. Section 139, act Feb. 5, 1917, ch. 29, 5, 39 Stat. 879, related to contract laborers. See section 1330 of this title. Section 140, acts Oct. 19, 1888, ch. 1210, 1, 25 Stat. 566; Apr. 28, 1904, Pub. R. 33, 33 Stat. 591; Mar. 4, 1913, ch. 141, 3, 37 Stat. 737, related to rewards to informer. Section 141, act Feb. 26, 1885, ch. 164, 2, 23 Stat. 332, related to validity of contracts for labor of aliens made before importation. Section 142, act Feb. 5, 1917, ch. 29, 6, 39 Stat. 879, related to advertisement of employment. See section 1330 of this title. Section 143, act Feb. 5, 1917, ch. 29, 7, 39 Stat. 879, related to solicitation of immigration by transportation companies. See section 1330 of this title. Section 144, acts Feb. 5, 1917, ch. 29, 8, 39 Stat. 880; Mar. 20, 1952, ch. 108, 1, 66 Stat. 26, related to bringing in or harboring certain aliens. See section 1324 (a) of this title. Section 145, acts Feb. 5, 1917, ch. 29, 9, 39 Stat. 880; May 26, 1924, ch. 190, 26, 43 Stat. 166, related to bringing in aliens subject to disability or afflicted with disease. See section 1322 of this title. Section 146, acts Feb. 5, 1917, ch. 29, 10, 39 Stat. 881; May 26, 1924, ch. 190, 27, 43 Stat. 167, related to prevention of unauthorized landing of aliens. See section 1321 of this title. Section 147, act Feb. 5, 1917, ch. 27, 11, 39 Stat. 881, related to detention of aliens for observation and examination. See section 1222 of this title. Section 148, acts Feb. 5, 1917, ch. 29, 12, 39 Stat. 882; May 17, 1932, ch. 190, 47 Stat. 158; July 30, 1947, ch. 384, 61 Stat. 630, related to lists of passengers arriving or departing. Section 149, act Feb. 5, 1917, ch. 29, 13, 39 Stat. 884, related to grouping of alien passengers in lists. Section 150, act Feb. 5, 1917, ch. 29, 14, 39 Stat. 884, related to refusal or failure to furnish alien passenger list. Section 151, acts Feb. 5, 1917, ch. 29, 15, 39 Stat. 885; Dec. 19, 1944, ch. 608, 1, 58 Stat. 816, related to inspection of alien passengers on arrival. See section 1223 (a), (b) of this title. Section 152, acts Feb. 5, 1917, ch. 29, 16, 39 Stat. 885; July 1, 1944, ch. 373, title VII, 713, formerly title VI, 611, 58 Stat. 714, 716, renumbered title VII, 711, Aug. 13, 1946, ch. 958, 5, 60 Stat. 1049, renumbered title VII, 713, Feb. 28, 1948, ch. 83, 9(b), 62 Stat. 47, related to physical and mental examination of alien passengers. See sections 1222 and 1362 of this title. Section 153, act Feb. 5, 1917, ch. 29, 17, 39 Stat. 887, related to boards of special inquiry. Section 154, acts Feb. 5, 1917, ch. 29, 18, 39 Stat. 887; Mar. 4, 1929, ch. 690, 1(e), 45 Stat. 1551; Dec. 19, 1944, ch. 608, 2, 58 Stat. 816, related to immediate deportation of aliens brought in in violation of law. Section 155, acts Feb. 5, 1917, ch. 29, 19, 39 Stat. 889; June 28, 1940, ch. 439, title II, 20, 54 Stat. 671; Dec. 8, 1942, ch. 697, 56 Stat. 1044; July 1, 1948, ch. 783, 62 Stat. 1206, related to deportation of undesirable aliens generally; see sections 1227 and 1351 of this title. Section 22 of act June 28, 1940 provided that no alien should be deportable by reason of amendments to former section 155 of this title by said act, on account of any act committed prior to the date of enactment of that act [June 28, 1940]. Section 155a, act Sept. 27, 1950, ch. 1052, ch. III, 64 Stat. 1048, related to deportation or exclusion proceedings unaffected by the Administrative Procedure Act. Section 156, acts Feb. 5, 1917, ch. 29, 20, 39 Stat. 890; July 13, 1943, ch. 230, 57 Stat. 553; Sept. 23, 1950, ch. 1024, title I, 23, 64 Stat. 1010; June 18, 1952, ch. 442, 66 Stat. 138, related to control over, and facilitation of deportation. See section 1227 of this title. Section 156a, acts Feb. 18, 1931, ch. 224, 46 Stat. 1171; June 28, 1940, ch. 439, title II, 21, 54 Stat. 673, related to deportation of aliens engaged in narcotic traffic. Section 22 of act June 28, 1940, provided that no alien should be deportable by reason of amendments to former section 156a of this title by said act, on account of any act committed prior to the date of enactment of that act [June 28, 1940]. Section 157, act May 10, 1920, ch. 174, 13, 41 Stat. 593, 594, related to deportation of aliens convicted of war-time offenses. Sections 158 to 163, act Feb. 5, 1917, ch. 29, 2123, 28, 39 Stat. 891–894, related to admission of aliens, detention, etc. See sections 1103 (a), 1183, and 1327 of this title. Section 164, act Feb. 5, 1917, ch. 29, 25, 39 Stat. 893, related to jurisdiction of district courts. See section 1329 of this title. Section 165, act Feb. 5, 1917, ch. 29, 31, 39 Stat. 895, related to signing alien on ships articles with intent to permit landing in violation of law. See section 1287 of this title. Section 166, acts Feb. 5, 1917, ch. 29, 34, 39 Stat. 896; May 26, 1924, ch. 190, 19, 43 Stat. 164, related to landing of excluded seamen. See sections 1282 (b) and 1287 of this title. Section 167, acts May 26, 1924, ch. 190, 20(a)(c), 43 Stat. 164; Dec. 19, 1944, ch. 608, 4, 58 Stat. 817, related to control of alien seamen. See section 1284 of this title. Section 168, act Feb. 5, 1917, ch. 29, 33, 39 Stat. 896, related to paying off or discharging alien seamen. See sections 1282 (a) and 1286 of this title. Section 169, act Feb. 5, 1917, ch. 29, 35, 39 Stat. 896, related to employment on passenger vessels of aliens suffering with mental disabilities. See section 1285 of this title. Section 170, act Dec. 26, 1920, ch. 4, 41 Stat. 1082, related to treatment in hospitals of alien seamen. See section 1283 of this title. Section 171, act Feb. 5, 1917, ch. 29, 36, 39 Stat. 896, related to lists of aliens employed on vessels arriving from foreign ports. See section 1281 of this title. Section 172, acts Mar. 3, 1893, ch. 206, 8, 27 Stat. 570; Feb. 14, 1903, ch. 552, 7, 32 Stat. 328; Mar. 4, 1913, ch. 141, 3, 37 Stat. 737, related to posting of laws by agents of steamship companies. Section 173, acts Feb. 5, 1917, ch. 29, 1, 37, 39 Stat. 874, 897; June 2, 1924, ch. 233, 43 Stat. 253, related to definitions of aliens, seamen, etc. See section 1101 (a)(3), (10), (38), (b)(3), (d)(7) of this title.

8 USC 174 - Omitted

175 to 181. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(12), (13), (23), (30), (33), 66 Stat. 279, eff. Dec. 24, 1952

Section 175, act Feb. 5, 1917, ch. 29, 1, 39 Stat. 874, related to application of laws to Philippine Islands. Section 176, act Mar. 15, 1934, ch. 70, 1, 48 Stat. 435, related to disposition of moneys received or paid for detention of aliens. See section 1356 (a) of this title. Section 177, act Feb. 5, 1917, ch. 29, 29, 39 Stat. 894, related to international conference for regulation of immigration of aliens. Section 178, act Feb. 5, 1917, ch. 29, 38, 39 Stat. 897, provided for the effective date of the act of Feb. 5, 1917, repealed specified provisions, and set forth laws unaffected by the enactment of this act. Section 179, act May 26, 1924, ch. 190, 21(b), 43 Stat. 165, related to blank forms of manifest and crew lists. See section 1352 (b) of this title. Section 180, acts Mar. 4, 1929, ch. 690, 1(a)(c), 45 Stat. 1551; June 24, 1929, ch. 40, 46 Stat. 41, related to reentry or attempted reentry of deported aliens. See sections 1101 (g) and 1326 of this title. Sections 180a to 180d, act Mar. 4, 1929, ch. 690, 25, 45 Stat. 1551, 1552, related to reentry or attempted reentry of deported aliens. See sections 1101, 1182, 1203, and 1325 of this title. Section 181, act May 25, 1932, ch. 203, 7, 47 Stat. 166, related to reentry of deported aliens. See section 1326 of this title.

TITLE 8 - US CODE - SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

201 to 204. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(23), (24), 66 Stat. 279, eff. Dec. 24, 1952

Section 201, act May 26, 1924, ch. 190, 1, 43 Stat. 153, related to short title. Section 202, acts May 26, 1924, ch. 190, 2, 43 Stat. 153; Feb. 25, 1925, ch. 316, 43 Stat. 976, related to immigration visas. See sections 1201 and 1351 of this title. Section 203, acts May 26, 1924, ch. 190, 3, 43 Stat. 154; July 6, 1932, ch. 434, 47 Stat. 607; July 1, 1940, ch. 502, 1, 54 Stat. 711; Dec. 29, 1945, ch. 652, title I, 7(c), 59 Stat. 672, defined immigrant. See section 1101 of this title. Section 204, acts May 26, 1924, ch. 190, 4, 43 Stat. 155; July 3, 1926, ch. 738, 1, 44 Stat. 812; May 29, 1928, ch. 914, 1, 2, 45 Stat. 1009; July 3, 1930, ch. 835, 3, 46 Stat. 854; July 11, 1932, ch. 471, 1, 47 Stat. 656; May 19, 1948, ch. 311, 1, 62 Stat. 241, defined nonquota immigrant. See section 1101 of this title.

204a, 204b. Omitted

204c to 219. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(23), (36), (44), (45), 66 Stat. 279, 280, eff. Dec. 24, 1952

Section 204c, act June 28, 1932, ch. 283, 3, 47 Stat. 336, related to deportation as public charge. Section 204d, act June 28, 1932, ch. 283, 4, 47 Stat. 336, related to definitions. Section 205, act May 26, 1924, ch. 190, 5, 43 Stat. 155, defined quota immigrant. Section 206, acts May 26, 1924, ch. 190, 6, 43 Stat. 155; May 29, 1928, ch. 914, 3, 45 Stat. 1009; July 11, 1932, ch. 471, 2, 47 Stat. 656; May 19, 1948, ch. 311, 2, 62 Stat. 241, related to enumeration of preferences within quotas. Section 207, act May 26, 1924, ch. 190, 7, 43 Stat. 156, related to application for visas. Section 208, act May 26, 1924, ch. 190, 8, 43 Stat. 156, related to nonquota immigration visas. Section 209, acts May 26, 1924, ch. 190, 9, 43 Stat. 157; May 14, 1937, ch. 182, 1, 50 Stat. 164, related to visas of nonquota and preferred immigrants. Section 210, acts May 26, 1924, ch. 190, 10, 43 Stat. 158; June 3, 1948, ch. 403, 62 Stat. 335, related to reentry permits. Section 211, acts May 26, 1924, ch. 190, 11, 43 Stat. 159; Mar. 4, 1927, ch. 514, 44 Stat. 1455; Mar. 31, 1928, ch. 306, 45 Stat. 400, related to immigration quotas as determined by national origin. Section 212, act May 26, 1924, ch. 190, 12, 43 Stat. 160, related to determination of nationality. See section 1152 of this title. Section 212a, acts Dec. 17, 1943, ch. 344, 2, 57 Stat. 601; Aug. 9, 1946, ch. 945, 2, 60 Stat. 975, related to reentry permits for Chinese persons. Section 212b, act July 2, 1946, ch. 534, 4, 60 Stat. 417, related to reentry permits for Indians and races indigenous to India. Section 212c, act July 2, 1946, ch. 534, 5, 60 Stat. 417, related to definitions and allocations of quota. Section 213, acts May 26, 1924, ch. 190, 13, 43 Stat. 161; June 13, 1930, ch. 476, 46 Stat. 581; May 14, 1937, ch. 182, 2, 50 Stat. 165; Aug. 9, 1946, ch. 945, 1, 60 Stat. 975, related to compliance with immigration requirements. Section 213a, act May 14, 1937, ch. 182, 3, 50 Stat. 165, related to deportation of alien securing visa through fraudulent marriage. Section 214, act May 26, 1924, ch. 190, 14, 43 Stat. 162, related to deportation and procedure thereunder. Section 215, acts May 26, 1924, ch. 190, 15, 43 Stat. 162; July 1, 1932, ch. 363, 47 Stat. 524; July 1, 1940, ch. 502, 2, 54 Stat. 711; Dec. 29, 1945, ch. 652, title I, 7(d), 59 Stat. 672, related to admission of persons excepted from definition of immigrant and nonquota immigrants. Section 216, acts May 26, 1924, ch. 190, 16, 43 Stat. 163; Dec. 19, 1944, ch. 608, 3, 58 Stat. 817, related to unlawful bringing of aliens into United States by water. Section 217, act May 26, 1924, ch. 190, 17, 43 Stat. 163, related to contracts with transportation lines. Section 218, act May 26, 1924, ch. 190, 18, 43 Stat. 164, related to unused immigration visas. Section 219, act May 26, 1924, ch. 190, 21(a), 43 Stat. 165, related to reentry permits.

8 USC 220 - Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862, eff. Sept. 1, 1948

Section, act May 26, 1924, ch. 190, 22, 43 Stat. 165, related to forging, counterfeiting, etc., of reentry permits. See section 1546 of Title 18, Crimes and Criminal Procedure.

221 to 227. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(20), (22), (23), (29), 66 Stat. 279, eff. Dec. 24, 1952

Section 221, act May 26, 1924, ch. 190, 23, 43 Stat. 165, related to burden of proof upon entry of alien or in deportation proceedings. Section 222, act May 26, 1924, ch. 190, 24, 43 Stat. 166, related to rules and regulations. Section 223, act May 26, 1924, ch. 190, 25, 43 Stat. 166, related to quota law as additional to other immigration laws. Section 224, acts May 26, 1924, ch. 190, 28(a)(e), (g)(n), 43 Stat. 168; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 29, 1945, ch. 437, 59 Stat. 551, related to definitions. Section 225, act May 26, 1924, ch. 190, 29, 43 Stat. 169, related to appropriations. Section 226, act May 26, 1924, ch. 190, 32, 43 Stat. 169, related to partial invalidity. Section 226a, act Apr. 2, 1928, ch. 308, 45 Stat. 401, related to American Indians born in Canada. Section 227, act Dec. 27, 1922, ch. 15, 42 Stat. 1065, related to admission of certain aliens in excess of quotas.

8 USC 228 - Omitted

229 to 231. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(17), (23), (27), 66 Stat. 279, eff. Dec. 24, 1952

Section 229, acts May 19, 1921, ch. 8, 42 Stat. 5; May 26, 1924, ch. 190, 30, 43 Stat. 169, related to imposition and enforcement of penalties under act May 19, 1921. Section 230, Joint Res. Oct. 16, 1918, ch. 190, 40 Stat. 1014, related to alien residents conscripted or volunteering for service during World War I. Section 231, act May 26, 1926, ch. 400, 44 Stat. 657, related to admission into Puerto Rico of certain resident Spanish subjects.

232 to 237. Omitted

8 USC 238 - Transferred

8 USC 239 - Omitted

TITLE 8 - US CODE - SUBCHAPTER IV - ALIEN VETERANS OF WORLD WAR I

241 to 246. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(28), 66 Stat. 279, eff. Dec. 24, 1952

Sections, act May 26, 1926, ch. 398, 16, 44 Stat. 654, 655, related to alien veterans of World War I.

TITLE 8 - US CODE - CHAPTER 7 - EXCLUSION OF CHINESE

8 USC 261 - Omitted

262 to 297. Repealed. Dec. 17, 1943, ch. 344, 1, 57 Stat. 600

Sections, acts May 6, 1882, ch. 126, 1, 3, 6–13, 15, 16, 22 Stat. 59–61; July 5, 1884, ch. 220, 23 Stat. 115–118; Sept. 13, 1888, ch. 1015, 511, 13, 14, 25 Stat. 477–479; Oct. 1, 1888, ch. 1064, 1, 2, 25 Stat. 504; May 5, 1892, ch. 60, 13, 5–8, 27 Stat. 25, 26; Nov. 3, 1893, ch. 14, 1, 2, 28 Stat. 7, 8; July 7, 1898, No. 55, 1 (part), 30 Stat. 751; Apr. 30, 1900, ch. 339, 1, 31 Stat. 161; June 6, 1900, ch. 791, 1 (part), 31 Stat. 611; Mar. 3, 1901, ch. 845, 13, 31 Stat. 1093; Apr. 29, 1902, ch. 641, 1, 2, 4, 32 Stat. 176, 177; Apr. 27, 1904, ch. 1630, 5, 33 Stat. 428; Aug. 24, 1912, ch. 355, 1 (part), 37 Stat. 476, related to exclusion of Chinese and persons of Chinese descent from the United States or its Territories, and to various matters pertaining thereto, including the requirement of certificates of permission and identity by those who might be entitled to entry, exemptions, duties of masters of vessels and Federal officers, arrest, hearing and removal of Chinese unlawfully within the United States or its Territories, habeas corpus, and forfeitures and penalties for violation of the exclusion laws.

8 USC 298 - Omitted

8 USC 299 - Repealed. Dec. 17, 1943, ch. 344, 1, 57 Stat. 600

Section, act June 23, 1913, ch. 3, 1, 38 Stat. 65, provided for delivery by the marshal, of all Chinese persons ordered deported under judicial writs, into the custody of any officer designated for that purpose, for conveyance to the frontier or seaboard for deportation.

TITLE 8 - US CODE - CHAPTER 8 - THE COOLY TRADE

331 to 339. Repealed. Pub. L. 93461, Oct. 20, 1974, 88 Stat. 1387

Section 331, R.S. 2158, prohibited cooly trade. Section 332, R.S. 2159; Mar. 3, 1911, ch. 231, 291, 36 Stat. 1167, related to forfeiture of vessels engaged in cooly trade. Section 333, R.S. 2160, related to penalty for building vessels to engage in cooly trade. Section 334, R.S. 2161, related to punishment for engaging in cooly trade. Section 335, R.S. 2162, excepted voluntary emigration of coolies from prohibition. Section 336, act Mar. 3, 1875, ch. 141, 1, 18 Stat. 477, related to inquiry and certification by consular officers. Section 337, R.S. 2163, related to examination of vessels. Section 338, act Mar. 3, 1875, ch. 141, 2, 18 Stat. 477, related to penalties for involuntary transportation of Chinese, Japanese, and others for purpose of holding to service. Section 339, act Mar. 3, 1875, ch. 141, 4, 18 Stat. 477, related to punishment for contracting to supply cooly labor.

TITLE 8 - US CODE - CHAPTER 9 - MISCELLANEOUS PROVISIONS

351 to 416. Repealed or transferred

These sections, relating to naturalization, were in large degree affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section 904 of this title. See notes below for history of individual sections. Sections 351 to 354, relating to Bureau of Naturalization, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. Sections 351 to 353 were from act June 29, 1906, ch. 3592, 1, 34 Stat. 596, and section 354 was from act May 9, 1918, ch. 69, 1, 40 Stat. 544. See section 1443 of this title. See also section 1551 et seq. of this title for general provisions relating to Immigration and Naturalization Service. Section 355, relating to reports of expenditures of Bureau of Naturalization, was repealed by act May 29, 1928, ch. 901, 1, 45 Stat. 994. It was from act Mar. 4, 1909, ch. 299, 1, 35 Stat. 982. Sections 356 to 358a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Section 356, relating to regulations for execution of naturalization laws and use of copies of papers in evidence, was from acts June 29, 1906, ch. 3592, 28, 34 Stat. 606, and Mar. 2, 1929, ch. 536, 8, 45 Stat. 1515; see section 1443 of this title. Section 356a, relating to quarters for photographic studio in New York City, was from act May 25, 1932, ch. 203, 9, 47 Stat. 166; see section 1443 (g) of this title. Sections 357 (from act June 29, 1906, ch. 3592, 3, 34 Stat. 596, as amended Mar. 3, 1911, ch. 231, 289, 36 Stat. 1167; Mar. 4, 1913, ch. 141, 3, 37 Stat. 737; June 25, 1936, ch. 804, 49 Stat. 1921), 358 (from act Mar. 2, 1917, ch. 145, 41, 39 Stat. 965), and 358a (from act Feb. 25, 1927, ch. 192, 4, 44 Stat. 1235), related to jurisdiction of naturalization courts; see section 1421 of this title. Section 359, relating to racial limitation of naturalization, was from R.S. 2169 (revised from act July 14, 1870, ch. 254, 7, 16 Stat. 256), and acts Feb. 18, 1875, ch. 80, 1, 18 Stat. 318; May 9, 1918, ch. 69, 2, 40 Stat. 547. According to a communication of Jan. 8, 1943, the Immigration and Naturalization Service stated that it was the opinion of that office that said section 359 was superseded by former section 703 of this title. See section 1422 of this title. Section 360, relating to admission of persons not citizens owing permanent allegiance to the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, 30, 34 Stat. 606. See section 1436 of this title. Section 361, relating to period of residence required for citizenship, was repealed by act Mar. 2, 1929, ch. 536, 45 Stat. 1514. It was from R.S. 2170, which was revised from act Mar. 3, 1813, ch. 42, 12, 2 Stat. 811. See section 1427 of this title. Section 362, forbidding naturalization of citizens within thirty days preceding a general election, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, 6, 34 Stat. 598. See section 1447 (c) of this title. Section 363, making Chinese inadmissible to citizenship, was repealed by act Dec. 17, 1943, ch. 344, 1, 57 Stat. 600. It was from act May 6, 1882, ch. 126, 14, 22 Stat. 61. Sections 364 to 366a, relating to persons inadmissible to citizenship, were repealed by act Oct. 14, 1940, ch. 876. title I, subch. V, 504, 54 Stat. 1172. Sections 364 and 365 were from act June 29, 1906, ch. 3592, 7, 8, respectively, 34 Stat. 598, 599; see sections 1424 and 1423, respectively, of this title. Section 366 was from acts May 18, 1917, ch. 15, 2, 40 Stat. 77; July 9, 1918, ch. 143, 4, 40 Stat. 885. Section 366a was from act Feb. 11, 1931, ch. 118, 46 Stat. 1087. Sections 367 to 368a, relating to naturalization of women, were repealed by act Oct. 14, 1940, ch. 876. title I, subch. V, 504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411, 1, 2, 3 (c), respectively, 42 Stat. 1021, 1022, as amended Mar. 3, 1931, ch. 442, 4(a), 46 Stat 1511; May 17, 1932, ch. 190, 47 Stat. 158; May 24, 1934, ch. 344, 4, 48 Stat. 797. On the subject of section 367 see section 1422 of this title, and on the subject of 368, see section 1430 of this title. Section 368b, relating to citizenship of women born in Hawaii prior to June 14, 1900, was repealed by act June 27, 1952, ch. 477, title IV, 403(a)(34), 66 Stat. 280. It was from acts July 2, 1932, ch. 395, 47 Stat. 571; July 1, 1940, ch. 495, 54 Stat. 707. Sections 369 and 369a, relating to naturalization of women, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411, 4, 3 (b), respectively, 42 Stat. 1022, as amended July 3, 1930, ch. 835, 2(a), 46 Stat. 854; Mar. 3, 1931, ch. 442, 4(a), 46 Stat. 1511. See section 1435 (a) of this title. Section 370, relating to naturalization of women married to aliens ineligible to citizenship, was repealed by act Mar. 3, 1931, ch. 442, 4(b), 46 Stat. 1512. It was from act Sept. 22, 1922, ch. 411, 5, 42 Stat. 1022. Section 371, relating to naturalization of wives and children of aliens becoming insane after declaration of intention to become citizens, was repealed by act May 24, 1934, ch. 344, 5, 48 Stat. 798, which provided that such repeal should not affect any right or privilege or terminate any citizenship acquired under the section before its repeal. Section was from act Feb. 24, 1911, ch. 151, 36 Stat. 929. Sections 372 to 373 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Section 372, relating to procedure for naturalization, was from act June 29, 1906, ch. 3592, 4, 34 Stat. 596; see section 1421 (d) of this title. Section 372a, relating to naturalization of former citizens, was from act Mar. 3, 1931, ch. 442, 3, 46 Stat. 1511. Section 373, relating to declaration of intention to become citizen, was from acts June 29, 1906, ch. 3592, 4, 34 Stat. 596; Mar. 4, 1929, ch. 683, 1, 45 Stat. 1545; June 20, 1939, ch. 224, 1, 53 Stat. 843; see section 1445 (f) of this title. Section 374, making it unlawful to make a declaration of intention on election day, was repealed by act May 25, 1926, ch. 388, 1, 44 Stat. 652. It was from act June 29, 1906, ch. 3592, 4(7), as added May 9, 1918, ch. 69, 1, 40 Stat. 544. Section 375, providing that declarations of intention should not be required of widow or minor children of aliens dying after having filed a declaration of intention, was repealed by act May 24, 1934, ch. 344, 5, 48 Stat. 798, which provided that such repeal should not affect any right or privilege or terminate any citizenship acquired under the section before its repeal. Section was from act June 29, 1906, ch. 3592, 4, 34 Stat. 597. Section 375a, act July 2, 1940, ch. 512, 1, 2, 54 Stat. 715, relating to exemption from declaration of intention and filing of petition by children spending childhood in United States, was repealed by act June 27, 1952, ch. 477, title IV, 403(a)(40), 66 Stat. 280. Section 376, providing that alien seamen declarants should be deemed citizens for purposes of protection, was repealed by act June 15, 1935, ch. 255, 1, 49 Stat. 376. It was from act June 29, 1906, ch. 3592, 4(8), as added May 9, 1918, ch. 69, 1, 40 Stat. 544. Section 377, authorizing naturalization of certain aliens erroneously exercising rights and duties of citizenship prior to July 1, 1920, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, 4(10), as added May 9, 1918, ch. 69, 1, 40 Stat. 545, and amended May 25, 1932, ch. 203, 10, 47 Stat. 166. Section 377a, related to naturalization of inhabitants of Virgin Islands. It was from acts Feb. 25, 1927, ch. 192, 2, 44 Stat. 1234; May 17, 1932, ch. 190, 47 Stat. 158. Sections 377b to 382c were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Section 377b, requiring lawful entry and certificate of arrival as prerequisite to declaration of intention, was from acts Mar. 2, 1929, ch. 536, 4, 45 Stat. 1513; May 25, 1932, ch. 203, 6, 47 Stat. 166; similar provisions were contained in former section 729 (b) of this title. Section 377c, relating to photographs of aliens seeking to become citizens, was from act June 29, 1906, ch. 3592, 36, as added Mar. 2, 1929, ch. 536, 9, 45 Stat. 1516; see section 1444 of this title. Section 378, enumerating conditions under which alien enemies could be naturalized, was from act June 29, 1906, ch. 3592, 4(11), as added May 9, 1918, ch. 69, 1, 40 Stat. 545; see section 1442 of this title. Section 379, relating to petitions for naturalization, was from act June 29, 1906, ch. 3592, 4, 34 Stat. 596, as amended Mar. 2, 1929, ch. 536, 6(a), 45 Stat. 1513; June 20, 1939, ch. 224, 2, 53 Stat. 843; see sections 1445 and 1446 (f) of this title. Section 380, providing that certificate of arrival and declaration of intention should be made a part of petition for naturalization was from act June 29, 1906, ch. 3592, 4, 34 Stat. 596; see section 1445 (a), (b) of this title. Section 380a, relating to fees for issuance of certificates of arrival, was from acts Mar. 2, 1929, ch. 536, 5, 45 Stat. 1513; Apr. 19, 1934, ch. 154, 3, 48 Stat. 597; see section 1455 (a)(2) of this title. Section 380b, defining county as used in former sections 379, 382, and 388 of this title, was from act June 29, 1906, ch. 3592, 35, as added Mar. 2, 1929, ch. 536, 9, 45 Stat. 1516, and amended May 17, 1932, ch. 190, 47 Stat. 158. Sections 381 and 382 (c), relating to oaths of aliens admitted to citizenship and certain prerequisites to admission, respectively, were from acts June 29, 1906, ch. 3592, 4, 34 Stat. 596; Mar. 2, 1929, ch. 536, 6b, 45 Stat. 1513; June 25, 1936, ch. 811, 1, 49 Stat. 1925; June 29, 1938, ch. 819, 52 Stat. 1247; June 20, 1939, ch. 224, 3, 53 Stat. 844; on the subject of section 381 see section 1448 of this title; and on the subject of section 382 see sections 1427, 1430 (b) and 1446 (g) of this title. Sections 382a, relating to absence from country as affecting continuity of residence for purpose of naturalization, was from act June 25, 1936, ch. 811, 2, 49 Stat. 1925; see section 1427 (c) of this title. Sections 382b and 382c, relating to temporary absences of clergymen as affecting continuity of residence, were from act Aug. 9, 1939, ch. 610, 1, 2, respectively, 53 Stat. 1273; see sections 1428 and 1443 (a), respectively, of this title. Section 383, relating to proof of residence by deposition, was repealed by act Mar. 2, 1929, ch. 536, 6(e), 45 Stat. 1514. It was from act June 29, 1906, ch. 3592, 10, 34 Stat. 599. Section 384, relating to residence of aliens serving on vessels of foreign registry, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, 4(7), as added May 9, 1918, ch. 69, 1, 40 Stat. 544; amended May 25, 1932, ch. 203, 3, 47 Stat. 165. See section 1441 (a)(2) of this title. Section 385, related to validation of Hawaiian jurisdiction exercised prior to Sept. 27, 1906. It was from acts Apr. 30, 1900, ch. 339, 100, 31 Stat. 161; May 27, 1910, ch. 258, 9, 36 Stat. 448; Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Sections 386 to 389 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Section 386, providing for the renunciation of titles of nobility by aliens seeking citizenship, was from act June 29, 1906, ch. 3592, 4, 34 Stat. 596; see section 1448 (b) of this title. Section 387, relating to reimbursement for publication of citizenship textbooks, was from act June 29, 1906, ch. 3592, 4(9), as added May 9, 1918, ch. 69, 1, 40 Stat. 544; see sections 1443 (b) and 1457 of this title. Section 388, relating to residence requirements for certain Filipinos and Puerto Ricans serving in military service, was from act June 29, 1906, ch. 3592, 4(7), as added May 9, 1918, ch. 69, 1, 40 Stat. 542; June 4, 1920, ch. 227, 30, 41 Stat. 776; Mar. 2, 1929, ch. 536, 6(c), (d), 45 Stat. 1514; May 17, 1932, ch. 190, 47 Stat. 158; May 25, 1932, ch. 203, 2(a), 47 Stat. 165; July 30, 1937, ch. 545, 3, 50 Stat. 548; see sections 1427, 1439, and 1441 (a)(1) of this title. Section 389, relating to residence of aliens conditionally serving in military services after honorable discharge, was from act June 29, 1906, ch. 3592, 4(7), as added May 9, 1918, ch. 69, 1, 40 Stat. 542. Section 389a, relating to naturalization of alien veterans of World War I, was repealed by act June 27, 1952, ch. 477, title IV, 403(a)(37), 66 Stat. 280. It was from act Aug. 19, 1937, ch. 698, 2, as added Aug. 16, 1940, ch. 684, 54 Stat. 789. Sections 390 to 392, relating to naturalization of alien veterans of World War I, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. They were from act June 29, 1906, ch. 3592, 4(7), 4 (13), and 4 (7), respectively, as added May 19, 1918, ch. 69, 1, 40 Stat. 542 to 544. See section 1439 of this title. Sections 392a to 392d related to naturalization of alien veterans of World War I. Sections 392b to 392d were repealed by act Oct. 11, 1940, ch. 876 title I, subch. V, 504, 54 Stat. 1172. Section 392a was from acts May 26, 1926, ch. 398, 7, 44 Stat. 655; Mar. 4, 1929, ch. 683, 3, 45 Stat. 1546. Sections 392b to 392d were from acts May 25, 1932, ch. 203, 1, 47 Stat. 165; Ex. Ord. No. 6166, 14, June 10, 1933; June 24, 1935, ch. 288, 1 to 3, 49 Stat. 395; Aug. 23, 1937, ch. 735, 1 to 3, 50 Stat. 743, 744; June 21, 1939, ch, 234, 1 to 3, 53 Stat. 851. Sections 392e to 398 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Sections 392e to 392g, relating to naturalization of alien veterans of World War I formerly ineligible because of race, were from act June 24, 1935, ch. 290, 13, respectively, 49 Stat. 397, 398. Sections 393 to 395, relating to naturalization of alien veterans, were from act June 29, 1906, ch. 3592, 4(7), as added May 9, 1918, ch. 69, 1, 2, 40 Stat. 543; see sections 1439 and 1441 (a)(1) of this title. Sections 396 to 398, relating to time of filing petition, subpoena of witnesses, and final hearings on petitions, respectively, were from act June 29, 1906, ch. 3592, 6, 5, 9, respectively, 34 Stat. 598, 599, as amended Mar. 3, 1931, ch. 442, 1, 2, 46 Stat. 1511; see sections 1445 (c) and 1447 (a), (e) of this title. Section 398a, act May 3, 1940, ch. 183, 2, 54 Stat. 178, related to patriotic address to new citizens. See section 1448a of this title. Sections 399 to 402 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Section 399, authorizing the United States to appear and oppose the right of aliens to naturalization, was from act June 29, 1906, ch. 3592, 11, 34 Stat. 599; see section 1447 of this title. Section 399a, relating to preliminary examination of petitioners for naturalization, was from act June 8, 1926, ch. 502, 44 Stat. 709; see sections 1446 and 1447 of this title. Sections 399b to 399d, relating to certificates of citizenship, were from acts June 29, 1906, ch. 3592, 32 to 34, respectively, as added Mar. 2, 1929, ch. 536, 9, 45 Stat. 1515; amended May 25, 1932, ch. 203, 4, 5, 47 Stat. 165; Apr. 19, 1934, ch. 154, 2, 4, 48 Stat. 597; see sections 1452, 1454 and 1455 (g) of this title. Section 399e, relating to annual reports of Commissioner of Immigration, was from act Mar. 2, 1929, ch. 536, 10, 45 Stat. 1516; see section 1458 of this title. Section 399f, relating to counsel fees in naturalization proceedings, was from act Apr. 19, 1934, ch. 154, 5, 48 Stat. 598; see section 1455 of this title. Sections 400 to 402, relating to clerks of naturalization courts and their fees and clerical assistants, were from acts June 29, 1906, ch. 3592, 12, 13, 34 Stat. 599, as amended June 25, 1910, ch. 401, 1, 36 Stat. 829; Mar. 4, 1913, ch. 141, 3, 37 Stat. 737; June 12, 1917, ch. 27, 1, 40 Stat. 171; Feb. 26, 1919, ch. 49, 1, 2, 40 Stat. 1182; Feb. 11, 1921, ch. 46, 41 Stat. 1099; Mar. 4, 1921, ch. 161, 1, 41 Stat. 1412; June 10, 1921, ch. 18, 304, 42 Stat. 24; Mar. 2, 1929, ch. 536, 7(a), 45 Stat. 1514; and Apr. 19, 1934, ch. 154, 1, 48 Stat. 597; see sections 1450 (a)(d), 1455, and 1459(b), (c) of this title. Section 402a, related to disposition of fees received by clerks of courts. It was from act Mar. 2, 1929, ch. 536, 7(b), 45 Stat. 1515; Ex. Ord. No. 6166, 14, June 10, 1933. See section 1455 (e) of this title. Sections 403 to 405 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Sections 403 and 404, relating to fees collectible from alien soldiers, and to recording declarations and petitions, respectively, were from act June 29, 1906, ch. 3592, 4(7), 14, respectively, 34 Stat. 601, as amended May 9, 1918, ch. 69, 1 40 Stat. 544; see sections 1450 (e) and 1455 (h) of this title. Section 405, relating to cancellation of certificates of citizenship, was from acts June 29, 1906, ch. 3592, 15, 34 Stat. 601; May 9, 1918, ch. 69, 1, 40 Stat. 544; see section 1451 of this title. Sections 406 and 407 validated certain certificates of naturalization. They were from acts May 9, 1918, ch. 69, 3, 40 Stat. 548, and June 29, 1906, ch. 3624, 1, 34 Stat. 630, respectively. Sections 408 to 415 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. Sections 408 and 409, relating to naturalization forms, were from act June 29, 1906, ch. 3592, 3, 27, respectively, 34 Stat. 596, 603; Mar. 4, 1913, ch. 141, 3, 37 Stat. 737; May 9, 1918, ch. 69, 3, 40 Stat. 548; on the subject of section 408 see sections 1421 (c) and 1443 (c) of this title, and on the subject of section 409 see sections 1445 (a)(d), (f), and 1449 of this title. Sections 410 to 415, relating to the punishment of crimes in connection with the naturalization of aliens, were from act June 29, 1906, ch. 3592, 18, 20–24, respectively, 34 Stat. 602, 603; present provisions are contained in sections 1451 (a), (b), (d), (e), (g)(i) and 1459 of this title and sections 911, 1015, 1421–1429, 1719 and 3282 of Title 18, Crimes and Criminal Procedure. Section 416, authorizing punishment of offenses against naturalization laws committed prior to May 9, 1918, under laws then in effect but since repealed, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172. It was from act May 9, 1918, ch. 69, 2, 40 Stat. 547. See note set out under section 1101 of this title.

TITLE 8 - US CODE - CHAPTER 10 - ALIEN REGISTRATION

451 to 460. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(39), 66 Stat. 280, eff. Dec. 24, 1952

Section 451, act June 28, 1940, ch. 439, title III, 30, 54 Stat. 673, required an alien seeking entry into United States to be registered and fingerprinted before the issuance to him of a visa. See sections 1201 (b) and 1301 of this title. Section 452, act June 28, 1940, ch. 439, title III, 31, 54 Stat. 673, related to registration of aliens in United States. See section 1302 of this title. Section 453, act June 28, 1940, ch. 439, title III, 32, 54 Stat. 674, related to special provisions governing registration. See section 1303 of this title. Section 454, act June 28, 1940, ch. 439, title III, 33, 54 Stat. 674, related to places of registration and duties of postmasters. Section 455, act June 28, 1940, ch. 439, title III, 34, 54 Stat. 674, related to forms and procedure, confidential status of records and oaths in connection with the registration and fingerprinting of aliens. See section 1304 of this title. Section 456, acts June 28, 1940, ch. 439, title III, 35, 54 Stat. 675; Sept. 23, 1950, ch. 1024, title I, 24(a), 64 Stat. 1012, related to notice of change of address. See section 1305 of this title. Section 457, acts June 28, 1940, ch. 439, title III, 36, 54 Stat. 675; Oct. 13, 1941, ch. 432, 55 Stat. 736; Sept. 23, 1950, ch. 1024, title I, 24(b), 64 Stat. 1013, related to penalties. See section 1306 of this title. Section 458, act June 28, 1940, ch. 439, title III, 37, 54 Stat. 675, related to administration and enforcement of registration law. See section 1306 of this title. Section 459, act June 28, 1940, ch. 439, title III, 38, 54 Stat. 675, related to definitions and effective date. See section 1101 (a)(8), (38) of this title. Section 460, act June 28, 1940, ch. 439, title III, 39, 54 Stat. 676, related to registration of aliens in Canal Zone.

TITLE 8 - US CODE - CHAPTER 11 - NATIONALITY

TITLE 8 - US CODE - SUBCHAPTER I - DEFINITIONS

501 to 504. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952

Sections, act Oct. 14, 1940, ch. 876, title I, subch. I, 101104, 54 Stat. 1137, 1138, related to definitions and place of general abode. See various provisions of section 1101 of this title.

TITLE 8 - US CODE - SUBCHAPTER II - NATIONALITY AT BIRTH

601 to 605. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952

Section 601, acts Oct. 14, 1940, ch. 876, title I, subch. II, 201, 54 Stat. 1138; July 31, 1946, ch. 708, 60 Stat. 721, related to persons born nationals and citizens. See section 1401 of this title. Sections 602 to 605, act Oct. 14, 1940, ch. 876, title I, subch. II, 202205, 54 Stat. 1139, related to citizens by birth in Puerto Rico, Canal Zone or Panama, nationals but not citizens and children born out of wedlock. See sections 1402, 1403, 1408, 1409 (a), (c), and 1407, respectively, of this title.

8 USC 606 - Transferred

TITLE 8 - US CODE - SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION

701 to 724a. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(40), (42), 66 Stat. 279, 280, eff. Dec. 24, 1952

Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III, 301, 54 Stat. 1140, related to jurisdiction to naturalize. See section 1421 of this title. Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III, 302, 54 Stat. 1140, related to sex or marriage, as affecting eligibility for naturalization. See section 1422 of this title. Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 303, 54 Stat. 1140; Dec. 17, 1943, ch. 344, 3, 57 Stat. 601; July 2, 1946, ch. 534, 1, 60 Stat. 416; Aug. 1, 1950, ch. 512, 4(b), 64 Stat. 385, related to races affecting eligibility. See section 1422 of this title. Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 304, 54 Stat. 1140; Sept. 23, 1950, ch. 1024, title I, 30, 64 Stat. 1018, related to language, history and principles of government affecting eligibility. See section 1423 of this title. Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 305, 54 Stat. 1141; Sept. 23, 1950, ch. 1024, title I, 25, 64 Stat. 1013, related to exclusion from naturalization. See sections 1424 (a)(c), 1427(f), and 1451(c) of this title. Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III, 306, 54 Stat. 1141, related to desertion from the armed forces or evasion of draft as affecting eligibility. See section 1425 of this title. Section 707, act Oct. 14, 1940, ch. 876, title I, subchap. III, 307, 54 Stat. 1142, related to residence as affecting eligibility. See sections 1427 (a)(c) and 1441(a)(2) of this title. Section 708, act Oct. 14, 1940, ch. 876, title I, subchap. III, 308, 54 Stat. 1143, related to temporary absence of clergyman as affecting eligibility. See section 1428 of this title. Section 709, act Oct. 14, 1940, ch. 876, title I, subchap. III, 309, 54 Stat. 1143, related to requirements as to proof of eligibility. See sections 1446 (f)(h) and 1447(e) of this title. Section 710, act Oct. 14, 1940, ch. 876, title I, subchap. III, 310, 54 Stat. 1144, related to married persons being excepted from certain requirements. See section 1430 (a) of this title. Section 711, act Oct. 14, 1940, ch. 876, title I, subchap. III, 311, 54 Stat. 1145, related to spouse of United States citizen residing in United States, in marital union prior to petition. See section 1430 (a) of this title. Section 712, act Oct. 14, 1940, ch. 876, title I, subchap. III, 312, 54 Stat. 1145, related to alien whose spouse is United States citizen regularly stationed abroad by United States employer. See section 1430 (b) of this title. Section 713, act Oct. 14, 1940, ch. 876, title I, subchap. III, 313, 54 Stat. 1145, related to children born outside United States, one parent a continuous United States citizen and the other an alien subsequently naturalized. See section 1431 of this title. Section 714, act Oct. 14, 1940, ch. 876, title I, subchap. III, 314, 54 Stat. 1145, related to children born outside United States, both parents aliens, or one an alien and the other a citizen subsequently losing citizenship. Section 715, act Oct. 14, 1940, ch. 876, title I, subchap. III, 315, 54 Stat. 1146, related to children born of one parent a United States citizen. See section 1433 of this title. Section 716, act Oct. 14, 1940, ch. 876, title I, subchap. III, 316, 54 Stat. 1146, related to children adopted by United States citizens. See section 1434 (a) of this title. Section 717, act Oct. 14, 1940, ch. 876, title I, subchap. III, 317, 54 Stat. 1146, related to former citizens being excepted from certain requirements. See sections 1435 (a), (c) and 1482 of this title. Sections 718 to 720, act Oct. 14, 1940, ch. 876, title I, subchap. III, 318320, 54 Stat. 1147, 1148, related respectively to citizenship lost by parents expatriation, minor childs citizenship lost through cancellation of parents naturalization and the exception from certain requirements of persons misinformed of citizenship status. Sections 718 and 719 are covered by sections 1482 and 1451 (f), respectively, of this title. Section 720a, act July 2, 1940, ch. 512, 1, 2, 54 Stat. 715, related to aliens spending childhood in United States as excepted from certain requirements. Section 721, act Oct. 14, 1940, ch. 876, title I, subchap. III, 321, 54 Stat. 1148, related to nationals but not citizens of the United States. See section 1436 of this title. Section 721a, act Oct. 14, 1940, ch. 876, title I, subchap. III, 321a, as added July 2, 1946, ch. 534, 2, 60 Stat. 417, related to resident Filipinos excepted from certain requirements. See section 1437 of this title. Section 722, act Oct. 14, 1940, ch. 876, title I, subchap. III, 322, 54 Stat. 1148, related to persons born in Puerto Rico of alien parents. See section 1402 of this title. Section 723, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 323, 54 Stat. 1149; Apr. 2, 1942, ch. 208, 56 Stat. 198; Aug. 7, 1946, ch. 769, 60 Stat. 865; Aug. 16, 1951, ch. 321, 2, 65 Stat. 191, related to former United States citizens losing citizenship by entering armed forces of nonenemy countries during World Wars I and II. See section 1438 (a) of this title. Section 723a, act Oct. 14, 1940, ch. 876, title I, subchap. III, 323a, as added Dec. 7, 1942, ch. 690, 56 Stat. 1041, related to naturalization of persons serving in the armed forces of United States during World War I and earlier wars. See section 1440 (a) of this title. Section 724, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 324, 54 Stat. 1149; July 2, 1946, ch. 534, 3, 60 Stat. 417, related to persons serving in the armed forces of the United States. See section 1439 of this title. Section 724a, act Oct. 14, 1940, ch. 876, title I, subchap. III, 324a, as added June 1, 1948, ch. 360, 1, 62 Stat. 282; amended June 29, 1949, ch. 274, 63 Stat. 282, related to persons serving on active duty in armed forces of United States during World Wars I and II. See section 1440 (a)(c) of this title.

8 USC 724a1 - Transferred

725 to 727. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952

Section 725, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 325, 54 Stat. 1150; Sept. 23, 1950, ch. 1024, title I, 26, 64 Stat. 1015, related to aliens serving on certain United States vessels. See section 1441 (a)(1) of this title. Section 726, act Oct. 14, 1940, ch. 876, title I, subchap. III, 326, 54 Stat. 1150, related to alien enemies. See section 1442 (a)(c), (e) of this title. Section 727, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 327, 54 Stat. 1150; May 16, 1947, ch. 72, 61 Stat. 97, related to administration of naturalization laws. See section 1443 of this title.

8 USC 727a - Repealed. Feb. 29, 1952, ch. 49, 3, 66 Stat. 10

Section, act May 3, 1940, ch. 183, 2, 54 Stat. 178, related to patriotic address to new citizens. See section 1448a of this title.

728 to 746. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(42), (46), 66 Stat. 280, eff. Dec. 24, 1952

Section 728, act Oct. 14, 1940, ch. 876, title I, subchap. III, 328, 54 Stat. 1151, related to registration of aliens. See sections 1230 and 1259 of this title. Section 729, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 329, 54 Stat. 1152; Sept. 23, 1950, ch. 1024, title I, 27, 64 Stat. 1015, related to certificate of arrival. See section 1429 of this title. Section 730, act Oct. 14, 1940, ch. 876, title I, subchap. III, 330, 54 Stat. 1152, related to photographs. See section 1444 of this title. Section 731, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 331, 54 Stat. 1153; May 31, 1947, ch. 87, 1, 61 Stat. 121, related to declaration of intention. See section 1445 (f) of this title. Section 732, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 332, 54 Stat. 1154; May 31, 1947, ch. 87, 2, 61 Stat. 122; June 25, 1948, ch. 656, 62 Stat. 1026, related to petition for naturalization. See section 1445 (a)(d) of this title. Section 732a, act May 31, 1947, ch. 87, 5, 61 Stat. 122, related to waiver of appearance or petition for naturalization. See section 1445 (e) of this title. Section 733, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 333, 54 Stat. 1156; Sept. 23, 1950, ch. 1024, title I, 28(a), 64 Stat. 1016, related to hearings on petitions. See section 1446 (a)(e) of this title. Section 734, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 334, 54 Stat. 1156; May 31, 1947, ch. 87, 3, 61 Stat. 122; Sept. 23, 1950, ch. 1024, title I, 28(b), 64 Stat. 1016, related to final hearings. See section 1447 (a)(d), (f) of this title. Section 735, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 335, 54 Stat. 1157; May 31, 1947, ch. 87, 4, 61 Stat. 122; Sept. 23, 1950, ch. 1024, title I, 29, 64 Stat. 1017, related to oath of renunciation and allegiance. See section 1448 of this title. Section 736, act Oct. 14, 1940, ch. 876, title I, subchap. III, 336, 54 Stat. 1157, related to certificate of naturalization. See section 1449 of this title. Section 737, act Oct. 14, 1940, ch. 876, title I, subchap. III, 337, 54 Stat. 1158, related to functions and duties of the clerks of courts. See sections 1449 and 1450 of this title. Section 738, act Oct. 14, 1940, ch. 876, title I, subchap. III, 338, 54 Stat. 1158, related to revocation of naturalization. See section 1451 (a), (b), (d), (e), (g)(i) of this title. Section 739, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 339, 54 Stat. 1160; Jan. 20, 1944, ch. 2, 3, 58 Stat. 4; July 23, 1947, ch. 304, 2, 61 Stat. 414, related to certificates of derivative citizenship. See section 1452 of this title. Section 740, act Oct. 14, 1940, ch. 876, title I, subchap. III, 340, 54 Stat. 1160, related to revocation of certificates issued by the commissioner or deputy. See section 1453 of this title. Section 741, act Oct. 14, 1940, ch. 876, title I, subchap. III, 341, 54 Stat. 1160, related to documents and copies issued by commissioner or deputy. See section 1454 of this title. Section 742, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 342, 54 Stat. 1161; Jan. 20, 1944, ch. 2, 3, 58 Stat. 5; Sept. 27, 1944, ch. 415, 58 Stat. 745; Sept. 28, 1944, ch. 446, 1, 2, 58 Stat. 755; Nov. 21, 1945, ch. 490, 59 Stat. 585; July 1, 1947, ch. 194, 61 Stat. 240, related to fiscal provisions. See section 1455 of this title. Sections 743 to 745, act Oct. 14, 1940, ch. 876, title I, subchap. III, 343345, 54 Stat. 1163, related to mail, textbooks, and compilation of naturalization statistics. See sections 1457 and 1458 of this title. Section 746, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 346, 54 Stat. 1163; June 25, 1948, ch. 645, 21, 62 Stat. 862, related to penal provisions. See section 1459 of this title and sections 911, 1015, 1421–1429, 1719, and 3282 of Title 18, Crimes and Criminal Procedure.

8 USC 747 - Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862, eff. Sept. 1, 1948

Section, act Oct. 14, 1940, ch. 876, title I, subchap. III, 347, 54 Stat. 1168, related to saving clauses. Similar subject matter is contained in note under section 1101 of this title.

TITLE 8 - US CODE - SUBCHAPTER IV - LOSS OF NATIONALITY

8 USC 800 - Transferred

801 to 810. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952

Section 801, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, 401, 54 Stat. 1168; Jan. 20, 1944, ch. 2, 1, 58 Stat. 4; July 1, 1944, ch. 368, 1, 58 Stat. 677; Sept. 27, 1944, ch. 418, 1, 58 Stat. 746, related to general means of losing United States nationality. See section 1481 (a) of this title. Section 802, act Oct. 14, 1940, ch. 876, title I, subchap. IV, 402, 54 Stat. 1169, related to presumption of expatriation. See section 1482 of this title. Section 803, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, 403, 54 Stat. 1169; July 1, 1944, ch. 368, 2, 58 Stat. 677, related to restrictions on expatriation. See sections 1482 and 1483 (b) of this title. Section 804, act Oct. 14, 1940, ch. 876, title I, subchap. IV, 404, 54 Stat. 1170, related to expatriation of naturalized nationals by residence abroad. See section 1484 (a) of this title. Section 805, act Oct. 14, 1940, ch. 876, title I, subchap. IV, 405, 54 Stat. 1170, related to exceptions in the case of persons employed or compensated by United States while residing abroad. See section 1485 (1), (2) of this title. Section 806, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, 406, 54 Stat. 1170; Dec. 8, 1942, ch. 696, 56 Stat. 1043; Dec. 24, 1942, ch. 819, 56 Stat. 1085, related to additional exceptions. See section 1485 (3)(9) of this title. Section 807, act Oct. 14, 1940, ch. 876, title I, subchap. IV, 407, 54 Stat. 1170, related to minor children of naturalized nationals losing nationality by foreign residence. See section 1487 of this title. Section 808, act Oct. 14, 1940, ch. 876, title I, subchap. IV, 408, 54 Stat. 1171, related to exclusiveness of means of losing nationality. See section 1488 of this title. Section 809, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, 409, 54 Stat. 1171; Oct. 16, 1941, ch. 446, 55 Stat. 743; Oct. 9, 1942, ch. 585, 56 Stat. 779; Sept. 27, 1944, ch. 419, 58 Stat. 747; Oct. 11, 1945, ch. 410, 59 Stat. 544, related to nationality not lost under sections 804 or 807 until October, 1942. See section 1487 of this title. Section 810, act Oct. 14, 1940, ch. 876, title I, subchap. IV, 410, 54 Stat. 1171, related to chapter being inapplicable where it contravened convention of treaties. See section 1489 of this title.

TITLE 8 - US CODE - SUBCHAPTER V - MISCELLANEOUS

901 to 903. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952

Section 901, act Oct. 14, 1940, ch. 876, title I, subchap. V, 501, 54 Stat. 1171, related to procedure when diplomatic officials believe that persons in foreign state have lost American nationality. See section 1501 of this title. Section 902, act Oct. 14, 1940, ch. 876, title I, subchap. V, 502, 54 Stat. 1171, related to certificates of nationality for non-naturalized United States nationals. See section 1502 of this title. Section 903, act Oct. 14, 1940, ch. 876, title I, subchap. V, 503, 54 Stat. 1171, related to judicial proceedings for declaration of United States nationality in event of denial of rights and privileges as national. See section 1503 of this title.

903a, 903b. Transferred

904 to 907. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952

Section 904, act Oct. 14, 1940, ch. 876, title I, subchap. V, 504, 54 Stat. 1172, related to repeals. Section 905, act Oct. 14, 1940, ch. 876, title I, subchap. V, 505, 54 Stat. 1174, related to separability clause. Section 906, act Oct. 14, 1940, ch. 876, title I, subchap. V, 505, 54 Stat. 1174, related to effective date of chapter. Section 907, act Oct. 14, 1940, ch. 876, title I, 1, 54 Stat. 1137, related to short title of chapter.

TITLE 8 - US CODE - SUBCHAPTER VI - NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II

1001 to 1006. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952

Section 1001, act Oct. 14, 1940, ch. 876, title III, 701, as added Mar. 27, 1942, ch. 199, title X, 1001, 56 Stat. 182; amended Dec. 22, 1944, ch. 662, 1, 58 Stat. 886; Dec. 28, 1945, ch. 590, 1(c)(1), 59 Stat. 658, related to exceptions from certain requirements of naturalization of persons serving in the armed forces during World War II. See section 1440 of this title. Section 1002, act Oct. 14, 1940, ch. 876, title III, 702, as added Mar. 27, 1942, ch. 199, title X, 1001, 56 Stat. 182; amended Dec. 22, 1944, ch. 662, 2, 58 Stat. 887, related to alien serving outside of jurisdiction of naturalization court. See section 1440 of this title. Section 1003, act Oct. 14, 1940, ch. 876, title III, 703, as added Mar. 27, 1942, ch. 199, title X, 1001, 56 Stat. 183, related to waiver of notice to commissioner in case of alien enemy. See section 1440 of this title. Section 1004, act Oct. 14, 1940, ch. 876, title III, 704, as added Mar. 27, 1942, ch. 199, title X, 1001, 56 Stat. 183, related to persons excepted from former subchapter. See section 1440 of this title. Section 1005, act Oct. 14, 1940, ch. 876, title III, 705, as added Mar. 27, 1942, ch. 199, title X, 1001, 56 Stat. 183, related to forms, rules and regulations. See section 1440 of this title. Section 1006, act Oct. 14, 1940, ch. 876, title III, 706, as added Dec. 28, 1945, ch. 590, 1(c)(2), 59 Stat. 658, related to time of service limitation. See section 1440 of this title.

TITLE 8 - US CODE - CHAPTER 12 - IMMIGRATION AND NATIONALITY

TITLE 8 - US CODE - SUBCHAPTER I - GENERAL PROVISIONS

8 USC 1101 - Definitions

(a) As used in this chapter
(1) The term administrator means the official designated by the Secretary of State pursuant to section 1104 (b) of this title.
(2) The term advocates includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term alien means any person not a citizen or national of the United States.
(4) The term application for admission has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term Attorney General means the Attorney General of the United States.
(6) The term border crossing identification card means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that
(A)  each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and
(B)  an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term clerk of court means a clerk of a naturalization court.
(8) The terms Commissioner and Deputy Commissioner mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively.
(9) The term consular officer means any consular, diplomatic, or other officer or employee of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in subchapter III of this chapter, for the purpose of adjudicating nationality.
(10) The term crewman means a person serving in any capacity on board a vessel or aircraft.
(11) The term diplomatic visa means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe.
(12) The term doctrine includes, but is not limited to, policies, practices, purposes, aims, or procedures.
(13) 
(A) The terms admission and admitted mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
(B) An alien who is paroled under section 1182 (d)(5) of this title or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,
(v) has committed an offense identified in section 1182 (a)(2) of this title, unless since such offense the alien has been granted relief under section 1182 (h) or 1229b (a) of this title, or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.
(14) The term foreign state includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states.
(15) The term immigrant means every alien except an alien who is within one of the following classes of nonimmigrant aliens
(A) 
(i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government, recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the aliens immediate family;
(ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above;
(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;
(C) an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758);
(D) 
(i) an alien crewman serving in good faith as such in a capacity required for normal operation and service on board a vessel, as defined in section 1288 (a) of this title (other than a fishing vessel having its home port or an operating base in the United States), or aircraft, who intends to land temporarily and solely in pursuit of his calling as a crewman and to depart from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such in any capacity required for normal operations and service aboard a fishing vessel having its home port or an operating base in the United States who intends to land temporarily in Guam or the Commonwealth of the Northern Mariana Islands and solely in pursuit of his calling as a crewman and to depart from Guam or the Commonwealth of the Northern Mariana Islands with the vessel on which he arrived;
(E) an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him;
(i)  solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national;
(ii)  solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital; or
(iii)  solely to perform services in a specialty occupation in the United States if the alien is a national of the Commonwealth of Australia and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182 (t)(1) of this title;
(F) 
(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 1184 (l)1 of this title at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn,
(ii)  the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and
(iii)  an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the aliens qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico;
(G) 
(i) a designated principal resident representative of a foreign government recognized de jure by the United States, which foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (59 Stat. 669) [22 U.S.C. 288 et seq.], accredited resident members of the staff of such representatives, and members of his or their immediate family;
(ii) other accredited representatives of such a foreign government to such international organizations, and the members of their immediate families;
(iii) an alien able to qualify under (i) or (ii) above except for the fact that the government of which such alien is an accredited representative is not recognized de jure by the United States, or that the government of which he is an accredited representative is not a member of such international organization; and the members of his immediate family;
(iv) officers, or employees of such international organizations, and the members of their immediate families;
(v) attendants, servants, and personal employees of any such representative, officer, or employee, and the members of the immediate families of such attendants, servants, and personal employees;
(H) an alien (i) [(a) Repealed. Pub. L. 106–95, § 2(c), Nov. 12, 1999, 113 Stat. 1316] (b) subject to section 1182 (j)(2) of this title, who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184 (i)(1) of this title or as a fashion model, who meets the requirements for the occupation specified in section 1184 (i)(2) of this title or, in the case of a fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application under section 1182 (n)(1) of this title, or (b1) who is entitled to enter the United States under and in pursuance of the provisions of an agreement listed in section 1184 (g)(8)(A) of this title, who is engaged in a specialty occupation described in section 1184 (i)(3) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182 (t)(1) of this title, or (c) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 1182 (m)(1) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 1182 (m)(2) of this title for the facility (as defined in section 1182 (m)(6) of this title) for which the alien will perform the services; or (ii)(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121 (g) of title 26, agriculture as defined in section 203 (f) of title 29, and the pressing of apples for cider on a farm, of a temporary or seasonal nature, or (b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or (iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other than to receive graduate medical education or training, in a training program that is not designed primarily to provide productive employment; and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him;
(I) upon a basis of reciprocity, an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the United States solely to engage in such vocation, and the spouse and children of such a representative, if accompanying or following to join him;
(J) an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 1182 (j) of this title, and the alien spouse and minor children of any such alien if accompanying him or following to join him;
(K) subject to subsections (d) and (p) 2 of section 1184 of this title, an alien who
(i) is the fiancee or fiance of a citizen of the United States (other than a citizen described in section 1154 (a)(1)(A)(viii)(I) of this title) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission;
(ii) has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154 (a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151 (b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or
(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;
(L) subject to section 1184 (c)(2) of this title, an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him;
(M) 
(i) an alien having a residence in a foreign country which he has no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language training program) in the United States particularly designated by him and approved by the Attorney General, after consultation with the Secretary of Education, which institution shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to make reports promptly the approval shall be withdrawn,
(ii)  the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and
(iii)  an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the aliens course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico;
(N) 
(i) the parent of an alien accorded the status of special immigrant under paragraph (27)(I)(i) (or under analogous authority under paragraph (27)(L)), but only if and while the alien is a child, or
(ii) a child of such parent or of an alien accorded the status of a special immigrant under clause (ii), (iii), or (iv) of paragraph (27)(I) (or under analogous authority under paragraph (27)(L));
(O) an alien who
(i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability; or
(ii) 
(I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events,
(II) is an integral part of such actual performance,
(III) 
(a) has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or
(b)  in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production, and
(IV) has a foreign residence which the alien has no intention of abandoning; or
(iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;
(P) an alien having a foreign residence which the alien has no intention of abandoning who
(i) 
(a) is described in section 1184 (c)(4)(A) of this title (relating to athletes), or
(b)  is described in section 1184 (c)(4)(B) of this title (relating to entertainment groups);
(ii) 
(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and
(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or with such a group under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or organizations in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers;
(iii) 
(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and
(II) seeks to enter the United States temporarily and solely to perform, teach, or coach as such an artist or entertainer or with such a group under a commercial or noncommercial program that is culturally unique; or
(iv) is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the alien;
(Q) an alien having a residence in a foreign country which he has no intention of abandoning who is coming temporarily (for a period not to exceed 15 months) to the United States as a participant in an international cultural exchange program approved by the Secretary of Homeland Security for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the aliens nationality and who will be employed under the same wages and working conditions as domestic workers;
(R) an alien, and the spouse and children of the alien if accompanying or following to join the alien, who
(i) for the 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; and
(ii) seeks to enter the United States for a period not to exceed 5 years to perform the work described in subclause (I), (II), or (III) of paragraph (27)(C)(ii);
(S) subject to section 1184 (k) of this title, an alien
(i) who the Attorney General determines
(I) is in possession of critical reliable information concerning a criminal organization or enterprise;
(II) is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and
(III) whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; or
(ii) who the Secretary of State and the Attorney General jointly determine
(I) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation;
(II) is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court;
(III) will be or has been placed in danger as a result of providing such information; and
(IV) is eligible to receive a reward under section 2708 (a) of title 22,
(T) 

and, if the Attorney General (or with respect to clause (ii), the Secretary of State and the Attorney General jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i) or (ii) if accompanying, or following to join, the alien;

(i) subject to section 1184 (o) of this title, an alien who the Secretary of Homeland Security, or in the case of subclause (III)(aa) the Secretary of Homeland Security, in consultation with the Attorney General, determines
(I) is or has been a victim of a severe form of trafficking in persons, as defined in section 7102 of title 22;
(II) is physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on account of such trafficking, including physical presence on account of the alien having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;
(III) 
(aa) has complied with any reasonable request for assistance in the Federal, State, or local investigation or prosecution of acts of trafficking or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime;
(bb) in consultation with the Attorney General, as appropriate, is unable to cooperate with a request described in item (aa) due to physical or psychological trauma; or
(cc) has not attained 18 years of age; and
(IV) the alien[3] would suffer extreme hardship involving unusual and severe harm upon removal; and
(ii) if accompanying, or following to join, the alien described in clause (i)
(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien;
(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; or
(III) any parent or unmarried sibling under 18 years of age of an alien described in subclause (I) or (II) who the Secretary of Homeland Security, in consultation with the law enforcement officer investigating a severe form of trafficking, determines faces a present danger of retaliation as a result of the aliens escape from the severe form of trafficking or cooperation with law enforcement.
(U) 
(i) subject to section 1184 (p) of this title, an alien who files a petition for status under this subparagraph, if the Secretary of Homeland Security determines that
(I) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described in clause (iii);
(II) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning criminal activity described in clause (iii);
(III) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement official, to a Federal, State, or local prosecutor, to a Federal or State judge, to the Service, or to other Federal, State, or local authorities investigating or prosecuting criminal activity described in clause (iii); and
(IV) the criminal activity described in clause (iii) violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States;
(ii) if accompanying, or following to join, the alien described in clause (i)
(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; or
(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; and
(iii) the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; or
(V) subject to section 1184 (q) of this title, an alien who is the beneficiary (including a child of the principal alien, if eligible to receive a visa under section 1153 (d) of this title) of a petition to accord a status under section 1153 (a)(2)(A) of this title that was filed with the Attorney General under section 1154 of this title on or before December 21, 2000, if
(i) such petition has been pending for 3 years or more; or
(ii) such petition has been approved, 3 years or more have elapsed since such filing date, and
(I) an immigrant visa is not immediately available to the alien because of a waiting list of applicants for visas under section 1153 (a)(2)(A) of this title; or
(II) the aliens application for an immigrant visa, or the aliens application for adjustment of status under section 1255 of this title, pursuant to the approval of such petition, remains pending.
(16) The term immigrant visa means an immigrant visa required by this chapter and properly issued by a consular officer at his office outside of the United States to an eligible immigrant under the provisions of this chapter.
(17) The term immigration laws includes this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.
(18) The term immigration officer means any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title.
(19) The term ineligible to citizenship, when used in reference to any individual, means, notwithstanding the provisions of any treaty relating to military service, an individual who is, or was at any time permanently debarred from becoming a citizen of the United States under section 3(a) of the Selective Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or under section 4(a) of the Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat. 76) [50 App. U.S.C. 454 (a)], or under any section of this chapter, or any other Act, or under any law amendatory of, supplementary to, or in substitution for, any of such sections or Acts.
(20) The term lawfully admitted for permanent residence means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
(21) The term national means a person owing permanent allegiance to a state.
(22) The term national of the United States means
(A)  a citizen of the United States, or
(B)  a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
(23) The term naturalization means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
(24) Repealed. Pub. L. 102–232, title III, § 305(m)(1), Dec. 12, 1991, 105 Stat. 1750.
(25) The term noncombatant service shall not include service in which the individual is not subject to military discipline, court martial, or does not wear the uniform of any branch of the armed forces.
(26) The term nonimmigrant visa means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this chapter.
(27) The term special immigrant means
(A) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad;
(B) an immigrant who was a citizen of the United States and may, under section 1435 (a) or 1438 of this title, apply for reacquisition of citizenship;
(C) an immigrant, and the immigrants spouse and children if accompanying or following to join the immigrant, who
(i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States;
(ii) seeks to enter the United States
(I) solely for the purpose of carrying on the vocation of a minister of that religious denomination,
(II) before March 6, 2009, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or
(III) before March 6, 2009, in order to work for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501 (c)(3) of title 26) at the request of the organization in a religious vocation or occupation; and
(iii) has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period described in clause (i);
(D) an immigrant who is an employee, or an honorably retired former employee, of the United States Government abroad, or of the American Institute in Taiwan, and who has performed faithful service for a total of fifteen years, or more, and his accompanying spouse and children: Provided, That the principal officer of a Foreign Service establishment (or, in the case of the American Institute in Taiwan, the Director thereof), in his discretion, shall have recommended the granting of special immigrant status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status;
(E) an immigrant, and his accompanying spouse and children, who is or has been an employee of the Panama Canal Company or Canal Zone Government before the date on which the Panama Canal Treaty of 1977 (as described in section 3602 (a)(1) of title 22) enters into force [October 1, 1979], who was resident in the Canal Zone on the effective date of the exchange of instruments of ratification of such Treaty [April 1, 1979], and who has performed faithful service as such an employee for one year or more;
(F) an immigrant, and his accompanying spouse and children, who is a Panamanian national and
(i)  who, before the date on which such Panama Canal Treaty of 1977 enters into force [October 1, 1979], has been honorably retired from United States Government employment in the Canal Zone with a total of 15 years or more of faithful service, or
(ii)  who, on the date on which such Treaty enters into force, has been employed by the United States Government in the Canal Zone with a total of 15 years or more of faithful service and who subsequently is honorably retired from such employment or continues to be employed by the United States Government in an area of the former Canal Zone;
(G) an immigrant, and his accompanying spouse and children, who was an employee of the Panama Canal Company or Canal Zone Government on the effective date of the exchange of instruments of ratification of such Panama Canal Treaty of 1977 [April 1, 1979], who has performed faithful service for five years or more as such an employee, and whose personal safety, or the personal safety of whose spouse or children, as a direct result of such Treaty, is reasonably placed in danger because of the special nature of any of that employment;
(H) an immigrant, and his accompanying spouse and children, who
(i) has graduated from a medical school or has qualified to practice medicine in a foreign state,
(ii) 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,
(iii) entered the United States as a nonimmigrant under subsection (a)(15)(H) or (a)(15)(J) of this section before January 10, 1978, and
(iv) has been continuously present in the United States in the practice or study of medicine since the date of such entry;
(I) 
(i) an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who
(I)  while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least seven years between the ages of five and 21 years, and
(II)  applies for a visa or adjustment of status under this subparagraph no later than his twenty-fifth birthday or six months after October 24, 1988, whichever is later;
(ii) an immigrant who is the surviving spouse of a deceased officer or employee of such an international organization, and who
(I)  while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the death of such officer or employee, and
(II)  files a petition for status under this subparagraph no later than six months after the date of such death or six months after October 24, 1988, whichever is later;
(iii) an immigrant who is a retired officer or employee of such an international organization, and who
(I)  while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the officer or employees retirement from any such international organization, and
(II)  files a petition for status under this subparagraph no later than six months after the date of such retirement or six months after October 25, 1994, whichever is later; or
(iv) an immigrant who is the spouse of a retired officer or employee accorded the status of special immigrant under clause (iii), accompanying or following to join such retired officer or employee as a member of his immediate family;
(J) an immigrant who is present in the United States
(i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrants parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law;
(ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the aliens best interest to be returned to the aliens or parents previous country of nationality or country of last habitual residence; and
(iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that
(I) no juvenile court has jurisdiction to determine the custody status or placement of an alien in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction; and
(II) no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter;
(K) an immigrant who has served honorably on active duty in the Armed Forces of the United States after October 15, 1978, and after original lawful enlistment outside the United States (under a treaty or agreement in effect on October 1, 1991) for a period or periods aggregating
(i) 12 years and who, if separated from such service, was never separated except under honorable conditions, or
(ii) 6 years, in the case of an immigrant who is on active duty at the time of seeking special immigrant status under this subparagraph and who has reenlisted to incur a total active duty service obligation of at least 12 years, and the spouse or child of any such immigrant if accompanying or following to join the immigrant, but only if the executive department under which the immigrant serves or served recommends the granting of special immigrant status to the immigrant;
(L) an immigrant who would be described in clause (i), (ii), (iii), or (iv) of subparagraph (I) if any reference in such a clause
(i) to an international organization described in paragraph (15)(G)(i) were treated as a reference to the North Atlantic Treaty Organization (NATO);
(ii) to a nonimmigrant under paragraph (15)(G)(iv) were treated as a reference to a nonimmigrant classifiable under NATO6 (as a member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, a member of a civilian component attached to or employed by an Allied Headquarters under the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, or as a dependent); and
(iii) to the Immigration Technical Corrections Act of 1988 or to the Immigration and Nationality Technical Corrections Act of 1994 were a reference to the American Competitiveness and Workforce Improvement Act of 1998[4]
(M) subject to the numerical limitations of section 1153 (b)(4) of this title, an immigrant who seeks to enter the United States to work as a broadcaster in the United States for the International Broadcasting Bureau of the Broadcasting Board of Governors, or for a grantee of the Broadcasting Board of Governors, and the immigrants accompanying spouse and children.
(28) The term organization means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.
(29) The term outlying possessions of the United States means American Samoa and Swains Island.
(30) The term passport means any travel document issued by competent authority showing the bearers origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.
(31) The term permanent means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
(32) The term profession shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries.
(33) The term residence means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
(34) The term Service means the Immigration and Naturalization Service of the Department of Justice.
(35) The term spouse, wife, or husband do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.
(36) The term State includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
(37) The term totalitarian party means an organization which advocates the establishment in the United States of a totalitarian dictatorship or totalitarianism. The terms totalitarian dictatorship and totalitarianism mean and refer to systems of government not representative in fact, characterized by
(A)  the existence of a single political party, organized on a dictatorial basis, with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an indistinguishable unit, and
(B)  the forcible suppression of opposition to such party.
(38) The term United States, except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
(39) The term unmarried, when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married.
(40) The term world communism means a revolutionary movement, the purpose of which is to establish eventually a Communist totalitarian dictatorship in any or all the countries of the world through the medium of an internationally coordinated Communist political movement.
(41) The term graduates of a medical school means aliens who have graduated from a medical school or who have qualified to practice medicine in a foreign state, other than such aliens who are of national or international renown in the field of medicine.
(42) The term refugee means
(A)  any person who is outside any country of such persons nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or
(B)  in such special circumstances as the President after appropriate consultation (as defined in section 1157 (e) of this title) may specify, any person who is within the country of such persons nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term refugee does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
(43) The term aggravated felony means
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined in section 802 of title 21), including a drug trafficking crime (as defined in section 924 (c) of title 18);
(C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18) or in explosive materials (as defined in section 841(c) of that title);
(D) an offense described in section 1956 of title 18 (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000;
(E) an offense described in
(i) section 842 (h) or (i) of title 18, or section 844(d), (e), (f), (g), (h), or (i) of that title (relating to explosive materials offenses);
(ii) section 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or 924 (b) or (h) of title 18 (relating to firearms offenses); or
(iii) section 5861 of title 26 (relating to firearms offenses);
(F) a crime of violence (as defined in section 16 of title 18, but not including a purely political offense) for which the term of imprisonment at[5] least one year;
(G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at[5] least one year;
(H) an offense described in section 875, 876, 877, or 1202 of title 18 (relating to the demand for or receipt of ransom);
(I) an offense described in section 2251, 2251A, or 2252 of title 18 (relating to child pornography);
(J) an offense described in section 1962 of title 18 (relating to racketeer influenced corrupt organizations), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed;
(K) an offense that
(i) relates to the owning, controlling, managing, or supervising of a prostitution business;
(ii) is described in section 2421, 2422, or 2423 of title 18 (relating to transportation for the purpose of prostitution) if committed for commercial advantage; or
(iii) is described in any of sections 1581–1585 or 1588–1591 of title 18 (relating to peonage, slavery, involuntary servitude, and trafficking in persons);
(L) an offense described in
(i) section 793 (relating to gathering or transmitting national defense information), 798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or 2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the identity of undercover agents);
(M) an offense that
(i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or
(ii) is described in section 7201 of title 26 (relating to tax evasion) in which the revenue loss to the Government exceeds $10,000;
(N) an offense described in paragraph (1)(A) or (2) of section 1324 (a) of this title (relating to alien smuggling), except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the aliens spouse, child, or parent (and no other individual) to violate a provision of this chapter[6]
(O) an offense described in section 1325 (a) or 1326 of this title committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;
(P) an offense
(i)  which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18 or is described in section 1546(a) of such title (relating to document fraud) and
(ii)  for which the term of imprisonment is at least 12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the aliens spouse, child, or parent (and no other individual) to violate a provision of this chapter;
(Q) an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more;
(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year;
(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which the term of imprisonment is at least one year;
(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years imprisonment or more may be imposed; and
(U) an attempt or conspiracy to commit an offense described in this paragraph. The term applies to an offense described in this paragraph whether in violation of Federal or State law and applies to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years. Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conviction was entered before, on, or after September 30, 1996.
(44) 
(A) The term managerial capacity means an assignment within an organization in which the employee primarily
(i) manages the organization, or a department, subdivision, function, or component of the organization;
(ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
(iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
(iv) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisors supervisory duties unless the employees supervised are professional.
(B) The term executive capacity means an assignment within an organization in which the employee primarily
(i) directs the management of the organization or a major component or function of the organization;
(ii) establishes the goals and policies of the organization, component, or function;
(iii) exercises wide latitude in discretionary decision-making; and
(iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
(C) If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the Attorney General shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. An individual shall not be considered to be acting in a managerial or executive capacity (as previously defined) merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.
(45) The term substantial means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.
(46) The term extraordinary ability means, for purposes of subsection (a)(15)(O)(i) of this section, in the case of the arts, distinction.
(47) 
(A) The term order of deportation means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation.
(B) The order described under subparagraph (A) shall become final upon the earlier of
(i) a determination by the Board of Immigration Appeals affirming such order; or
(ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.
(48) 
(A) The term conviction means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where
(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or restraint on the aliens liberty to be imposed.
(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.
(49) The term stowaway means any alien who obtains transportation without the consent of the owner, charterer, master or person in command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to be considered a stowaway.
(50) The term intended spouse means any alien who meets the criteria set forth in section 1154 (a)(1)(A)(iii)(II)(aa)(BB), 1154 (a)(1)(B)(ii)(II)(aa)(BB), or 1229b (b)(2)(A)(i)(III) of this title.
(51) The term VAWA self-petitioner means an alien, or a child of the alien, who qualifies for relief under
(A) clause (iii), (iv), or (vii) of section 1154 (a)(1)(A) of this title;
(B) clause (ii) or (iii) of section 1154 (a)(1)(B) of this title;
(C) section 1186a (c)(4)(C) of this title;
(D) the first section of Public Law 89732 (8 U.S.C. 1255 note ) (commonly known as the Cuban Adjustment Act) as a child or spouse who has been battered or subjected to extreme cruelty;
(E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note );
(F) section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act; or
(G) section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104208).
(b) As used in subchapters I and II of this chapter
(1) The term child means an unmarried person under twenty-one years of age who is
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the childs residence or domicile, or under the law of the fathers residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;
(E) 
(i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(ii) subject to the same proviso as in clause (i), a child who:
(I)  is a natural sibling of a child described in clause (i) or subparagraph (F)(i);
(II)  was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and
(III)  is otherwise described in clause (i), except that the child was adopted while under the age of 18 years;
(F) 
(i) a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 1151 (b) of this title, who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the childs proposed residence; Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(ii) subject to the same provisos as in clause (i), a child who:
(I)  is a natural sibling of a child described in clause (i) or subparagraph (E)(i);
(II)  has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in such clause or subparagraph; and
(III)  is otherwise described in clause (i), except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 1151 (b) of this title; or
(G) a child, under the age of sixteen at the time a petition is filed on the childs behalf to accord a classification as an immediate relative under section 1151 (b) of this title, who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States, by a United States citizen and spouse jointly, or by an unmarried United States citizen at least 25 years of age
(i) if
(I) the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States;
(II) the childs natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the childs emigration and adoption;
(III) in the case of a child having two living natural parents, the natural parents are incapable of providing proper care for the child;
(IV) the Attorney General is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Attorney General may consider whether there is a petition pending to confer immigrant status on one or both of such natural parents); and
(V) in the case of a child who has not been adopted
(aa) the competent authority of the foreign state has approved the childs emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and
(bb) the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the childs proposed residence; and
(ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter.
(2) The terms parent, father, or mother mean a parent, father, or mother only where the relationship exists by reason of any of the circumstances set forth in subdivision (1) of this subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) and paragraph (1)(G)(i) in the case of a child born out of wedlock described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term parent does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption.
(3) The term person means an individual or an organization.
(4) The term immigration judge means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 1229a of this title. An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be employed by the Immigration and Naturalization Service.
(5) The term adjacent islands includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.
(c) As used in subchapter III of this chapter
(1) The term child means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the childs residence or domicile, or under the law of the fathers residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 1431 and 14327 of this title, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of this section), and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.
(2) The terms parent, father, and mother include in the case of a posthumous child a deceased parent, father, and mother.
(d) Repealed. Pub. L. 100–525, § 9(a)(3), Oct. 24, 1988, 102 Stat. 2619.
(e) For the purposes of this chapter
(1) The giving, loaning, or promising of support or of money or any other thing of value to be used for advocating any doctrine shall constitute the advocating of such doctrine; but nothing in this paragraph shall be construed as an exclusive definition of advocating.
(2) The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any organization shall be presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affiliation.
(3) Advocating the economic, international, and governmental doctrines of world communism means advocating the establishment of a totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated Communist movement.
(f) For the purposes of this chapter No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established is, or was
(1) a habitual drunkard;
(2) Repealed. Pub. L. 97–116, § 2(c)(1), Dec. 29, 1981, 95 Stat. 1611.
(3) a member of one or more of the classes of persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and (10)(A) of section 1182 (a) of this title; or subparagraphs (A) and (B) of section 1182 (a)(2) of this title and subparagraph (C) thereof of such section[8] (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana), if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period;
(4) one whose income is derived principally from illegal gambling activities;
(5) one who has been convicted of two or more gambling offenses committed during such period;
(6) one who has given false testimony for the purpose of obtaining any benefits under this chapter;
(7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period;
(8) one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43) of this section); or
(9) one who at any time has engaged in conduct described in section 1182 (a)(3)(E) of this title (relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture or extrajudicial killings) or 1182(a)(2)(G) of this title (relating to severe violations of religious freedom). The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character. In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or 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 statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it.
(g) For the purposes of this chapter any alien ordered deported or removed (whether before or after the enactment of this chapter) who has left the United States, shall be considered to have been deported or removed in pursuance of law, irrespective of the source from which the expenses of his transportation were defrayed or of the place to which he departed.
(h) For purposes of section 1182 (a)(2)(E) of this title, the term serious criminal offense means
(1) any felony;
(2) any crime of violence, as defined in section 16 of title 18; or
(3) any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another.
(i) With respect to each nonimmigrant alien described in subsection (a)(15)(T)(i) of this section
(1) the Secretary of Homeland Security, the Attorney General, and other Government officials, where appropriate, shall provide the alien with a referral to a nongovernmental organization that would advise the alien regarding the aliens options while in the United States and the resources available to the alien; and
(2) the Secretary of Homeland Security shall, during the period the alien is in lawful temporary resident status under that subsection, grant the alien authorization to engage in employment in the United States and provide the alien with an employment authorized endorsement or other appropriate work permit.
[1] See References in Text note below.
[2] See References in Text note below.
[3] So in original. The words “the alien” probably should not appear.
[4] So in original. Probably should be followed by “; or”.
[5] So in original. Probably should be preceded by “is”.
[6] So in original. Probably should be followed by a semicolon.
[7] See References in Text note below.
[8] So in original. The phrase “of such section” probably should not appear.

8 USC 1102 - Diplomatic and semidiplomatic immunities

Except as otherwise provided in this chapter, for so long as they continue in the nonimmigrant classes enumerated in this section, the provisions of this chapter relating to ineligibility to receive visas and the removal of aliens shall not be construed to apply to nonimmigrants
(1) within the class described in paragraph (15)(A)(i) of section 1101 (a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(A)(i), and, under such rules and regulations as the President may deem to be necessary, the provisions of subparagraphs (A) through (C) of section 1182 (a)(3) of this title;
(2) within the class described in paragraph (15)(G)(i) of section 1101 (a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(G)(i), and the provisions of subparagraphs (A) through (C) of section 1182 (a)(3) of this title; and
(3) within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 1101 (a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of subparagraphs (A) through (C) of section 1182 (a)(3) of this title.

8 USC 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

(a) Secretary of Homeland Security 

(1) The Secretary of Homeland Security shall be charged with the administration and enforcement of this chapter and all other laws relating to the immigration and naturalization of aliens, except insofar as this chapter or such laws relate to the powers, functions, and duties conferred upon the President, Attorney General, the Secretary of State, the officers of the Department of State, or diplomatic or consular officers: Provided, however, That determination and ruling by the Attorney General with respect to all questions of law shall be controlling.
(2) He shall have control, direction, and supervision of all employees and of all the files and records of the Service.
(3) He shall establish such regulations; prescribe such forms of bond, reports, entries, and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out his authority under the provisions of this chapter.
(4) He may require or authorize any employee of the Service or the Department of Justice to perform or exercise any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon any other employee of the Service.
(5) He shall have the power and duty to control and guard the boundaries and borders of the United States against the illegal entry of aliens and shall, in his discretion, appoint for that purpose such number of employees of the Service as to him shall appear necessary and proper.
(6) He is authorized to confer or impose upon any employee of the United States, with the consent of the head of the Department or other independent establishment under whose jurisdiction the employee is serving, any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Service.
(7) He may, with the concurrence of the Secretary of State, establish offices of the Service in foreign countries; and, after consultation with the Secretary of State, he may, whenever in his judgment such action may be necessary to accomplish the purposes of this chapter, detail employees of the Service for duty in foreign countries.
(8) After consultation with the Secretary of State, the Attorney General may authorize officers of a foreign country to be stationed at preclearance facilities in the United States for the purpose of ensuring that persons traveling from or through the United States to that foreign country comply with that countrys immigration and related laws.
(9) Those officers may exercise such authority and perform such duties as United States immigration officers are authorized to exercise and perform in that foreign country under reciprocal agreement, and they shall enjoy such reasonable privileges and immunities necessary for the performance of their duties as the government of their country extends to United States immigration officers.
(10) In the event the Attorney General determines that an actual or imminent mass influx of aliens arriving off the coast of the United States, or near a land border, presents urgent circumstances requiring an immediate Federal response, the Attorney General may authorize any State or local law enforcement officer, with the consent of the head of the department, agency, or establishment under whose jurisdiction the individual is serving, to perform or exercise any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Service.
(11) The Attorney General, in support of persons in administrative detention in non-Federal institutions, is authorized
(A) to make payments from funds appropriated for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration for necessary clothing, medical care, necessary guard hire, and the housing, care, and security of persons detained by the Service pursuant to Federal law under an agreement with a State or political subdivision of a State; and
(B) to enter into a cooperative agreement with any State, territory, or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies or materials required to establish acceptable conditions of confinement and detention services in any State or unit of local government which agrees to provide guaranteed bed space for persons detained by the Service.
(b) Land acquisition authority 

(1) The Attorney General may contract for or buy any interest in land, including temporary use rights, adjacent to or in the vicinity of an international land border when the Attorney General deems the land essential to control and guard the boundaries and borders of the United States against any violation of this chapter.
(2) The Attorney General may contract for or buy any interest in land identified pursuant to paragraph (1) as soon as the lawful owner of that interest fixes a price for it and the Attorney General considers that price to be reasonable.
(3) When the Attorney General and the lawful owner of an interest identified pursuant to paragraph (1) are unable to agree upon a reasonable price, the Attorney General may commence condemnation proceedings pursuant to section 3113 of title 40.
(4) The Attorney General may accept for the United States a gift of any interest in land identified pursuant to paragraph (1).
(c) Commissioner; appointment 
The Commissioner shall be a citizen of the United States and shall be appointed by the President, by and with the advice and consent of the Senate. He shall be charged with any and all responsibilities and authority in the administration of the Service and of this chapter which are conferred upon the Attorney General as may be delegated to him by the Attorney General or which may be prescribed by the Attorney General. The Commissioner may enter into cooperative agreements with State and local law enforcement agencies for the purpose of assisting in the enforcement of the immigration laws.
(d) Statistical information system 

(1) The Commissioner, in consultation with interested academicians, government agencies, and other parties, shall provide for a system for collection and dissemination, to Congress and the public, of information (not in individually identifiable form) useful in evaluating the social, economic, environmental, and demographic impact of immigration laws.
(2) Such information shall include information on the alien population in the United States, on the rates of naturalization and emigration of resident aliens, on aliens who have been admitted, paroled, or granted asylum, on nonimmigrants in the United States (by occupation, basis for admission, and duration of stay), on aliens who have not been admitted or have been removed from the United States, on the number of applications filed and granted for cancellation of removal, and on the number of aliens estimated to be present unlawfully in the United States in each fiscal year.
(3) Such system shall provide for the collection and dissemination of such information not less often than annually.
(e) Annual report 

(1) The Commissioner shall submit to Congress annually a report which contains a summary of the information collected under subsection (d) of this section and an analysis of trends in immigration and naturalization.
(2) Each annual report shall include information on the number, and rate of denial administratively, of applications for naturalization, for each district office of the Service and by national origin group.
(f) Minimum number of agents in States 
The Attorney General shall allocate to each State not fewer than 10 full-time active duty agents of the Immigration and Naturalization Service to carry out the functions of the Service, in order to ensure the effective enforcement of this chapter.
(g) Attorney General 

(1) In general 
The Attorney General shall have such authorities and functions under this chapter and all other laws relating to the immigration and naturalization of aliens as were exercised by the Executive Office for Immigration Review, or by the Attorney General with respect to the Executive Office for Immigration Review, on the day before the effective date of the Immigration Reform, Accountability and Security Enhancement Act of 2002.
(2) Powers 
The Attorney General shall establish such regulations, prescribe such forms of bond, reports, entries, and other papers, issue such instructions, review such administrative determinations in immigration proceedings, delegate such authority, and perform such other acts as the Attorney General determines to be necessary for carrying out this section.
(h) Office of Special Investigations 

(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of Special Investigations with the authority to detect and investigate, and, where appropriate, to take legal action to denaturalize any alien described in section 1182 (a)(3)(E) of this title.
(2) The Attorney General shall consult with the Secretary of Homeland Security in making determinations concerning the criminal prosecution or extradition of aliens described in section 1182 (a)(3)(E) of this title.
(3) In determining the appropriate legal action to take against an alien described in section 1182 (a)(3)(E) of this title, consideration shall be given to
(A) the availability of criminal prosecution under the laws of the United States for any conduct that may form the basis for removal and denaturalization; or
(B) the availability of extradition of the alien to a foreign jurisdiction that is prepared to undertake a prosecution for such conduct.

8 USC 1104 - Powers and duties of Secretary of State

(a) Powers and duties 
The Secretary of State shall be charged with the administration and the enforcement of the provisions of this chapter and all other immigration and nationality laws relating to
(1)  the powers, duties, and functions of diplomatic and consular officers of the United States, except those powers, duties, and functions conferred upon the consular officers relating to the granting or refusal of visas;
(2)  the powers, duties, and functions of the Administrator; and
(3)  the determination of nationality of a person not in the United States. He shall establish such regulations; prescribe such forms of reports, entries and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out such provisions. He is authorized to confer or impose upon any employee of the United States, with the consent of the head of the department or independent establishment under whose jurisdiction the employee is serving, any of the powers, functions, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Department of State or of the American Foreign Service.
(b) Designation and duties of Administrator 
The Secretary of State shall designate an Administrator who shall be a citizen of the United States, qualified by experience. The Administrator shall maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of this chapter by consular officers. The Administrator shall be charged with any and all responsibility and authority in the administration of this chapter which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which may be prescribed by the Secretary of State, and shall perform such other duties as the Secretary of State may prescribe.
(c) Passport Office, Visa Office, and other offices; directors 
Within the Department of State there shall be a Passport Office, a Visa Office, and such other offices as the Secretary of State may deem to be appropriate, each office to be headed by a director. The Directors of the Passport Office and the Visa Office shall be experienced in the administration of the nationality and immigration laws.
(d) Transfer of duties 
The functions heretofore performed by the Passport Division and the Visa Division of the Department of State shall hereafter be performed by the Passport Office and the Visa Office, respectively.
(e) General Counsel of Visa Office; appointment and duties 
There shall be a General Counsel of the Visa Office, who shall be appointed by the Secretary of State and who shall serve under the general direction of the Legal Adviser of the Department of State. The General Counsel shall have authority to maintain liaison with the appropriate officers of the Service with a view to securing uniform interpretations of the provisions of this chapter.

8 USC 1105 - Liaison with internal security officers; data exchange

(a) In general 
The Commissioner and the Administrator shall have authority to maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of obtaining and exchanging information for use in enforcing the provisions of this chapter in the interest of the internal and border security of the United States. The Commissioner and the Administrator shall maintain direct and continuous liaison with each other with a view to a coordinated, uniform, and efficient administration of this chapter, and all other immigration and nationality laws.
(b) Access to National Crime Information Center files 

(1) The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State and the Service access to the criminal history record information contained in the National Crime Information Centers Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the agency receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record indexed in any such file.
(2) Such access shall be provided by means of extracts of the records for placement in the automated visa lookout or other appropriate database, and shall be provided without any fee or charge.
(3) The Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon with the agency receiving the access. Upon receipt of such updated extracts, the receiving agency shall make corresponding updates to its database and destroy previously provided extracts.
(4) Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Department of State shall submit the applicants fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation.
(c) Reconsideration upon development of more cost effective means of sharing information 
The provision of the extracts described in subsection (b) of this section may be reconsidered by the Attorney General and the receiving agency upon the development and deployment of a more cost-effective and efficient means of sharing the information.
(d) Regulations 
For purposes of administering this section, the Department of State shall, prior to receiving access to NCIC data but not later than 4 months after October 26, 2001, promulgate final regulations
(1) to implement procedures for the taking of fingerprints; and
(2) to establish the conditions for the use of the information received from the Federal Bureau of Investigation, in order
(A) to limit the redissemination of such information;
(B) to ensure that such information is used solely to determine whether or not to issue a visa to an alien or to admit an alien to the United States;
(C) to ensure the security, confidentiality, and destruction of such information; and
(D) to protect any privacy rights of individuals who are subjects of such information.

8 USC 1105a - Employment authorization for battered spouses of certain nonimmigrants

(a) In general 
In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of section 1101 (a)(15) of this title who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an employment authorized endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section 1154 (a)(1)(A)(iii) of this title.
(b) Construction 
The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief.

8 USC 1106 - Repealed. Pub. L. 91510, title IV, 422(a), Oct. 26, 1970, 84 Stat. 1189

Section, act June 27, 1952, ch. 477, title IV, 401, 66 Stat. 274, provided for establishment of Joint Committee on Immigration and Nationality, including its composition, necessity of membership on House or Senate Committee on the Judiciary, vacancies and election of chairman, functions, reports, submission of regulations to Committee, hearings and subpena, travel expenses, employment of personnel, payment of Committee expenses, and effective date.

8 USC 1107 - Additional report

At the beginning and midpoint of each fiscal year, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a written report providing a description of internal affairs operations at U.S. Citizenship and Immigration Services, including the general state of such operations and a detailed description of investigations that are being conducted (or that were conducted during the previous six months) and the resources devoted to such investigations. The first such report shall be submitted not later than April 1, 2006.

TITLE 8 - US CODE - SUBCHAPTER II - IMMIGRATION

Part I - Selection System

8 USC 1151 - Worldwide level of immigration

(a) In general 
Exclusive of aliens described in subsection (b) of this section, aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to
(1) family-sponsored immigrants described in section 1153 (a) of this title (or who are admitted under section 1181 (a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153 (a) of this title) in a number not to exceed in any fiscal year the number specified in subsection (c) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;
(2) employment-based immigrants described in section 1153 (b) of this title (or who are admitted under section 1181 (a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153 (b) of this title), in a number not to exceed in any fiscal year the number specified in subsection (d) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and
(3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 1153 (c) of this title (or who are admitted under section 1181 (a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153 (c) of this title) in a number not to exceed in any fiscal year the number specified in subsection (e) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year.
(b) Aliens not subject to direct numerical limitations 
Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a) of this section, are as follows:
(1) 
(A) Special immigrants described in subparagraph (A) or (B) of section 1101 (a)(27) of this title.
(B) Aliens who are admitted under section 1157 of this title or whose status is adjusted under section 1159 of this title.
(C) Aliens whose status is adjusted to permanent residence under section 1160 or 1255a of this title.
(D) Aliens whose removal is canceled under section 1229b (a) of this title.
(E) Aliens provided permanent resident status under section 1259 of this title.
(2) 
(A) 
(i) Immediate relatives.— 
For purposes of this subsection, the term immediate relatives means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizens death and was not legally separated from the citizen at the time of the citizens death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizens death but only if the spouse files a petition under section 1154 (a)(1)(A)(ii) of this title within 2 years after such date and only until the date the spouse remarries. For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 1154 (a)(1)(A) of this title remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.
(ii) Aliens admitted under section 1181 (a) of this title on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative.
(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.
(c) Worldwide level of family-sponsored immigrants 

(1) 
(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to
(i) 480,000, minus
(ii) the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus
(iii) the number (if any) computed under paragraph (3).
(B) 
(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).
(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.
(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) of this section who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year.
(3) 
(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153 (a) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153 (b) of this title (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
(4) The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled into the United States under section 1182 (d)(5) of this title in the second preceding fiscal year
(A) who did not depart from the United States (without advance parole) within 365 days; and
(B) who
(i)  did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or
(ii)  acquired such status in such years under a provision of law (other than subsection (b) of this section) which exempts such adjustment from the numerical limitation on the worldwide level of immigration under this section.
(5) If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1).
(d) Worldwide level of employment-based immigrants 

(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to
(A) 140,000, plus
(B) the number computed under paragraph (2).
(2) 
(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153 (b) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153 (a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
(e) Worldwide level of diversity immigrants 
The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year.
(f) Rules for determining whether certain aliens are immediate relatives 

(1) Age on petition filing date 
Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i) of this section, a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101 (b)(1) of this title shall be made using the age of the alien on the date on which the petition is filed with the Attorney General under section 1154 of this title to classify the alien as an immediate relative under subsection (b)(2)(A)(i) of this section.
(2) Age on parent’s naturalization date 
In the case of a petition under section 1154 of this title initially filed for an alien childs classification as a family-sponsored immigrant under section 1153 (a)(2)(A) of this title, based on the childs parent being lawfully admitted for permanent residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) of this section, the determination described in paragraph (1) shall be made using the age of the alien on the date of the parents naturalization.
(3) Age on marriage termination date 
In the case of a petition under section 1154 of this title initially filed for an aliens classification as a family-sponsored immigrant under section 1153 (a)(3) of this title, based on the aliens being a married son or daughter of a citizen, if the petition is later converted, due to the legal termination of the aliens marriage, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) of this section or as an unmarried son or daughter of a citizen under section 1153 (a)(1) of this title, the determination described in paragraph (1) shall be made using the age of the alien on the date of the termination of the marriage.
(4) Application to self-petitions 
Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.

8 USC 1151a - Repealed. Pub. L. 94571, 7(g), Oct. 20, 1976, 90 Stat. 2706

Section, Pub. L. 89–236, § 21(e), Oct. 3, 1965, 79 Stat. 921, limited total number of special immigrants under section 1101 (a)(27)(A) of this title, less certain exclusions, to 120,000 for fiscal years beginning July 1, 1968, or later.

8 USC 1152 - Numerical limitations on individual foreign states

(a) Per country level 

(1) Nondiscrimination 

(A) Except as specifically provided in paragraph (2) and in sections 1101 (a)(27), 1151 (b)(2)(A)(i), and 1153 of this title, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the persons race, sex, nationality, place of birth, or place of residence.
(B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants 
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available 
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(4) Special rules for spouses and children of lawful permanent resident aliens 

(A) 75 percent of 2nd preference set-aside for spouses and children not subject to per country limitation 

(i) In general Of the visa numbers made available under section 1153 (a) of this title to immigrants described in section 1153 (a)(2)(A) of this title in any fiscal year, 75 percent of the 2A floor (as defined in clause (ii)) shall be issued without regard to the numerical limitation under paragraph (2).
(ii) 2A floor defined In this paragraph, the term 2A floor means, for a fiscal year, 77 percent of the total number of visas made available under section 1153 (a) of this title to immigrants described in section 1153 (a)(2) of this title in the fiscal year.
(B) Treatment of remaining 25 percent for countries subject to subsection (e) 

(i) In general Of the visa numbers made available under section 1153 (a) of this title to immigrants described in section 1153 (a)(2)(A) of this title in any fiscal year, the remaining 25 percent of the 2A floor shall be available in the case of a state or area that is subject to subsection (e) of this section only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or area is less than the subsection (e) ceiling (as defined in clause (ii)).
(ii) Subsection (e) ceiling defined In clause (i), the term subsection (e) ceiling means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 1153 (a) of this title to immigrants who are natives of the state or area under section 1153 (a)(2) of this title consistent with subsection (e) of this section.
(C) Treatment of unmarried sons and daughters in countries subject to subsection (e) 
In the case of a foreign state or dependent area to which subsection (e) of this section applies, the number of immigrant visas that may be made available to natives of the state or area under section 1153 (a)(2)(B) of this title may not exceed
(i) 23 percent of the maximum number of visas that may be made available under section 1153 (a) of this title to immigrants of the state or area described in section 1153 (a)(2) of this title consistent with subsection (e) of this section, or
(ii) the number (if any) by which the maximum number of visas that may be made available under section 1153 (a) of this title to immigrants of the state or area described in section 1153 (a)(2) of this title consistent with subsection (e) of this section exceeds the number of visas issued under section 1153 (a)(2)(A) of this title,

whichever is greater.

(D) Limiting pass down for certain countries subject to subsection (e) 
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (a)(2) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (a)(2) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying paragraphs (3) and (4) of section 1153 (a) of this title under subsection (e)(2) of this section all visas shall be deemed to have been required for the classes specified in paragraphs (1) and (2) of such section.
(5) Rules for employment-based immigrants 

(A) Employment-based immigrants not subject to per country limitation if additional visas available 
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to subsection (e) of this section 
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
(b) Rules for chargeability 
Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this chapter the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that
(1)  an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) of this section for that fiscal year;
(2)  if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) of this section for that fiscal year;
(3)  an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and
(4)  an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such aliens birth may be charged to the foreign state of either parent.
(c) Chargeability for dependent areas 
Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 1151 (b) of this title, shall be chargeable for the purpose of the limitation set forth in subsection (a) of this section, to the foreign state.
(d) Changes in territory 
In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change issue appropriate instructions to all diplomatic and consular offices.
(e) Special rules for countries at ceiling 
If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 1153 of this title to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) of this section in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 1153 of this title, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 1153 of this title) in a manner so that
(1) the ratio of the visa numbers made available under section 1153 (a) of this title to the visa numbers made available under section 1153 (b) of this title is equal to the ratio of the worldwide level of immigration under section 1151 (c) of this title to such level under section 1151 (d) of this title;
(2) except as provided in subsection (a)(4) of this section, the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 1153 (a) of this title is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 1153 (a) of this title, and
(3) except as provided in subsection (a)(5) of this section, the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 1153 (b) of this title is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 1153 (b) of this title.

Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 1153 (a) or 1153 (b) of this title if there is insufficient demand for visas for such natives under section 1153 (b) or 1153 (a) of this title, respectively, or as limiting the number of visas that may be issued under section 1153 (a)(2)(A) of this title pursuant to subsection (a)(4)(A) of this section.

8 USC 1153 - Allocation of immigrant visas

(a) Preference allocation for family-sponsored immigrants 
Aliens subject to the worldwide level specified in section 1151 (c) of this title for family-sponsored immigrants shall be allotted visas as follows:
(1) Unmarried sons and daughters of citizens 
Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens 
Qualified immigrants
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence,

shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

(3) Married sons and married daughters of citizens 
Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens 
Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).
(b) Preference allocation for employment-based immigrants 
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers 
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability 
An alien is described in this subparagraph if
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the aliens entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers 
An alien is described in this subparagraph if
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers 
An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the aliens application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability 

(A) In general 
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of job offer 

(i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an aliens services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) Physicians working in shortage areas or veterans facilities
(I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physicians work in such an area or at such facility was in the public interest.
(II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
(C) Determination of exceptional ability 
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers 

(A) In general 
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers 
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required 
An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.
(4) Certain special immigrants 
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation 

(A) In general 
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)
(i) in which such alien has invested (after November 29, 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrants spouse, sons, or daughters).
(B) Set-aside for targeted employment areas 

(i) In general Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined In this paragraph, the term targeted employment area means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined In this paragraph, the term rural area means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required 

(i) In general Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate,

the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (i).

(D) Full-time employment defined 
In this paragraph, the term full-time employment means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for “K” special immigrants 

(A) Not counted against numerical limitation in year involved 
Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 1101 (a)(27)(K) of this title in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 1152 (a) of this title.
(B) Counted against numerical limitations in following year 

(i) Reduction in employment-based immigrant classifications The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 1101 (a)(27)(K) of this title.
(ii) Reduction in per country level The number of visas made available in each fiscal year to natives of a foreign state under section 1152 (a) of this title shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 1101 (a)(27)(K) of this title who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling In the case of a foreign state subject to section 1152 (e) of this title in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 1101 (a)(27)(K) of this title who are natives of the foreign state.
(c) Diversity immigrants 

(1) In general 
Except as provided in paragraph (2), aliens subject to the worldwide level specified in section 1151 (e) of this title for diversity immigrants shall be allotted visas each fiscal year as follows:
(A) Determination of preference immigration 
The Attorney General shall determine for the most recent previous 5-fiscal-year period for which data are available, the total number of aliens who are natives of each foreign state and who
(i)  were admitted or otherwise provided lawful permanent resident status (other than under this subsection) and
(ii)  were subject to the numerical limitations of section 1151 (a) of this title (other than paragraph (3) thereof) or who were admitted or otherwise provided lawful permanent resident status as an immediate relative or other alien described in section 1151 (b)(2) of this title.
(B) Identification of high-admission and low-admission regions and high-admission and low-admission states 
The Attorney General
(i) shall identify
(I) each region (each in this paragraph referred to as a high-admission region) for which the total of the numbers determined under subparagraph (A) for states in the region is greater than 1/6 of the total of all such numbers, and
(II) each other region (each in this paragraph referred to as a low-admission region); and
(ii) shall identify
(I) each foreign state for which the number determined under subparagraph (A) is greater than 50,000 (each such state in this paragraph referred to as a high-admission state), and
(II) each other foreign state (each such state in this paragraph referred to as a low-admission state).
(C) Determination of percentage of worldwide immigration attributable to high-admission regions 
The Attorney General shall determine the percentage of the total of the numbers determined under subparagraph (A) that are numbers for foreign states in high-admission regions.
(D) Determination of regional populations excluding high-admission states and ratios of populations of regions within low-admission regions and high-admission regions 
The Attorney General shall determine
(i) based on available estimates for each region, the total population of each region not including the population of any high-admission state;
(ii) for each low-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the low-admission regions; and
(iii) for each high-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the high-admission regions.
(E) Distribution of visas 

(i) No visas for natives of high-admission states The percentage of visas made available under this paragraph to natives of a high-admission state is 0.
(ii) For low-admission states in low-admission regions Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a low-admission region is the product of
(I) the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined under subparagraph (D)(ii).
(iii) For low-admission states in high-admission regions Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a high-admission region is the product of
(I) 100 percent minus the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined under subparagraph (D)(iii).
(iv) Redistribution of unused visa numbers If the Secretary of State estimates that the number of immigrant visas to be issued to natives in any region for a fiscal year under this paragraph is less than the number of immigrant visas made available to such natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be made available to natives (other than natives of a high-admission state) of the other regions in proportion to the percentages otherwise specified in clauses (ii) and (iii).
(v) Limitation on visas for natives of a single foreign state The percentage of visas made available under this paragraph to natives of any single foreign state for any fiscal year shall not exceed 7 percent.
(F) “Region” defined 
Only for purposes of administering the diversity program under this subsection, Northern Ireland shall be treated as a separate foreign state, each colony or other component or dependent area of a foreign state overseas from the foreign state shall be treated as part of the foreign state, and the areas described in each of the following clauses shall be considered to be a separate region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central America, and the Caribbean.
(2) Requirement of education or work experience 
An alien is not eligible for a visa under this subsection unless the alien
(A) has at least a high school education or its equivalent, or
(B) has, within 5 years of the date of application for a visa under this subsection, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience.
(3) Maintenance of information 
The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this subsection.
(d) Treatment of family members 
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101 (b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
(e) Order of consideration 

(1) Immigrant visas made available under subsection (a) or (b) of this section shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed with the Attorney General (or in the case of special immigrants under section 1101 (a)(27)(D) of this title, with the Secretary of State) as provided in section 1154 (a) of this title.
(2) Immigrant visa numbers made available under subsection (c) of this section (relating to diversity immigrants) shall be issued to eligible qualified immigrants strictly in a random order established by the Secretary of State for the fiscal year involved.
(3) Waiting lists of applicants for visas under this section shall be maintained in accordance with regulations prescribed by the Secretary of State.
(f) Authorization for issuance 
In the case of any alien claiming in his application for an immigrant visa to be described in section 1151 (b)(2) of this title or in subsection (a), (b), or (c) of this section, the consular officer shall not grant such status until he has been authorized to do so as provided by section 1154 of this title.
(g) Lists 
For purposes of carrying out the Secretarys responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) of this section and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the aliens control.
(h) Rules for determining whether certain aliens are children 

(1) In general 
For purposes of subsections (a)(2)(A) and (d) of this section, a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101 (b)(1) of this title shall be made using
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d) of this section, the date on which an immigrant visa number became available for the aliens parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) Petitions described 
The petition described in this paragraph is
(A) with respect to a relationship described in subsection (a)(2)(A) of this section, a petition filed under section 1154 of this title for classification of an alien child under subsection (a)(2)(A) of this section; or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d) of this section, a petition filed under section 1154 of this title for classification of the aliens parent under subsection (a), (b), or (c) of this section.
(3) Retention of priority date 
If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d) of this section, the aliens petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.
(4) Application to self-petitions 
Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.

8 USC 1154 - Procedure for granting immigrant status

(a) Petitioning procedure 

(1) 
(A) 
(i) Except as provided in clause (viii), any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 1153 (a) of this title or to an immediate relative status under section 1151 (b)(2)(A)(i) of this title may file a petition with the Attorney General for such classification.
(ii) An alien spouse described in the second sentence of section 1151 (b)(2)(A)(i) of this title also may file a petition with the Attorney General under this subparagraph for classification of the alien (and the aliens children) under such section.
(iii) 
(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that
(aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and
(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the aliens spouse or intended spouse.
(II) For purposes of subclause (I), an alien described in this subclause is an alien
(aa) 
(AA) who is the spouse of a citizen of the United States;
(BB) who believed that he or she had married a citizen of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States; or
(CC) who was a bona fide spouse of a United States citizen within the past 2 years and
(aaa) whose spouse died within the past 2 years;
(bbb) whose spouse lost or renounced citizenship status within the past 2 years related to an incident of domestic violence; or
(ccc) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the United States citizen spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as an immediate relative under section 1151 (b)(2)(A)(i) of this title or who would have been so classified but for the bigamy of the citizen of the United States that the alien intended to marry; and
(dd) who has resided with the aliens spouse or intended spouse.
(iv) An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who is a person of good moral character, who is eligible to be classified as an immediate relative under section 1151 (b)(2)(A)(i) of this title, and who resides, or has resided in the past, with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the aliens citizen parent. For purposes of this clause, residence includes any period of visitation.
(v) An alien who
(I) is the spouse, intended spouse, or child living abroad of a citizen who
(aa) is an employee of the United States Government;
(bb) is a member of the uniformed services (as defined in section 101 (a) of title 10); or
(cc) has subjected the alien or the aliens child to battery or extreme cruelty in the United States; and
(II) is eligible to file a petition under clause (iii) or (iv), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.
(vi) For the purposes of any petition filed under clause (iii) or (iv), the denaturalization, loss or renunciation of citizenship, death of the abuser, divorce, or changes to the abusers citizenship status after filing of the petition shall not adversely affect the approval of the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child as an immediate relative or affect the aliens ability to adjust status under subsections (a) and (c) of section 1255 of this title or obtain status as a lawful permanent resident based on the approved self-petition under such clauses.
(vii) An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the alien under section 1151 (b)(2)(A)(i) of this title if the alien
(I) is the parent of a citizen of the United States or was a parent of a citizen of the United States who, within the past 2 years, lost or renounced citizenship status related to an incident of domestic violence or died;
(II) is a person of good moral character;
(III) is eligible to be classified as an immediate relative under section 1151 (b)(2)(A)(i) of this title;
(IV) resides, or has resided, with the citizen daughter or son; and
(V) demonstrates that the alien has been battered or subject to extreme cruelty by the citizen daughter or son.
(viii) 
(I) Clause (i) shall not apply to a citizen of the United States who has been convicted of a specified offense against a minor, unless the Secretary of Homeland Security, in the Secretarys sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed.
(II) For purposes of subclause (I), the term specified offense against a minor is defined as in section 16911 of title 42.
(B) 
(i) 
(I) Except as provided in subclause (II), any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the relationship described in section 1153 (a)(2) of this title may file a petition with the Attorney General for such classification.
(I) [1] Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary of Homeland Security, in the Secretarys sole and unreviewable discretion, determines that such person poses no risk to the alien with respect to whom a petition described in subclause (I) is filed.
(ii) 
(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if such a child has not been classified under clause (iii) of section 1153 (a)(2)(A) of this title and if the alien demonstrates to the Attorney General that
(aa) the marriage or the intent to marry the lawful permanent resident was entered into in good faith by the alien; and
(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the aliens spouse or intended spouse.
(II) For purposes of subclause (I), an alien described in this paragraph is an alien
(aa) 
(AA) who is the spouse of a lawful permanent resident of the United States; or
(BB) who believed that he or she had married a lawful permanent resident of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such lawful permanent resident of the United States; or
(CC) who was a bona fide spouse of a lawful permanent resident within the past 2 years and
(aaa) whose spouse lost status within the past 2 years due to an incident of domestic violence; or
(bbb) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the lawful permanent resident spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as a spouse of an alien lawfully admitted for permanent residence under section 1153 (a)(2)(A) of this title or who would have been so classified but for the bigamy of the lawful permanent resident of the United States that the alien intended to marry; and
(dd) who has resided with the aliens spouse or intended spouse.
(iii) An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a person of good moral character, who is eligible for classification under section 1153 (a)(2)(A) of this title, and who resides, or has resided in the past, with the aliens permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the aliens permanent resident parent.
(iv) An alien who
(I) is the spouse, intended spouse, or child living abroad of a lawful permanent resident who
(aa) is an employee of the United States Government;
(bb) is a member of the uniformed services (as defined in section 101 (a) of title 10); or
(cc) has subjected the alien or the aliens child to battery or extreme cruelty in the United States; and
(II) is eligible to file a petition under clause (ii) or (iii), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.
(v) 
(I) For the purposes of any petition filed or approved under clause (ii) or (iii), divorce, or the loss of lawful permanent resident status by a spouse or parent after the filing of a petition under that clause shall not adversely affect approval of the petition, and, for an approved petition, shall not affect the aliens ability to adjust status under subsections (a) and (c) of section 1255 of this title or obtain status as a lawful permanent resident based on an approved self-petition under clause (ii) or (iii).
(II) Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration and Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who has been battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of citizenship occurs after divorce or termination of parental rights.
(C) Notwithstanding section 1101 (f) of this title, an act or conviction that is waivable with respect to the petitioner for purposes of a determination of the petitioners admissibility under section 1182 (a) of this title or deportability under section 1227 (a) of this title shall not bar the Attorney General from finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act or conviction was connected to the aliens having been battered or subjected to extreme cruelty.
(D) 
(i) 
(I) Any child who attains 21 years of age who has filed a petition under clause (iv) of subsection (a)(1)(A) of this section or subsection (a)(1)(B)(iii) of this section that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 1153 (a) of this title, whichever paragraph is applicable, with the same priority date assigned to the self-petition filed under clause (iv) of subsection (a)(1)(A) of this section or subsection (a)(1)(B)(iii) of this section. No new petition shall be required to be filed.
(II) Any individual described in subclause (I) is eligible for deferred action and work authorization.
(III) Any derivative child who attains 21 years of age who is included in a petition described in clause (ii) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a VAWA self-petitioner with the same priority date as that assigned to the petitioner in any petition described in clause (ii). No new petition shall be required to be filed.
(IV) Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is eligible for deferred action and work authorization.
(ii) The petition referred to in clause (i)(III) is a petition filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the child is included as a derivative beneficiary.
(iii) Nothing in the amendments made by the Child Status Protection Act shall be construed to limit or deny any right or benefit provided under this subparagraph.
(iv) Any alien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) of section 1255 of this title as an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).
(v) For purposes of this paragraph, an individual who is not less than 21 years of age, who qualified to file a petition under subparagraph (A)(iv) or (B)(iii) as of the day before the date on which the individual attained 21 years of age, and who did not file such a petition before such day, shall be treated as having filed a petition under such subparagraph as of such day if a petition is filed for the status described in such subparagraph before the individual attains 25 years of age and the individual shows that the abuse was at least one central reason for the filing delay. Clauses (i) through (iv) of this subparagraph shall apply to an individual described in this clause in the same manner as an individual filing a petition under subparagraph (A)(iv) or (B)(iii).
(E) Any alien desiring to be classified under section 1153 (b)(1)(A) of this title, or any person on behalf of such an alien, may file a petition with the Attorney General for such classification.
(F) Any employer desiring and intending to employ within the United States an alien entitled to classification under section 1153 (b)(1)(B), 1153 (b)(1)(C), 1153 (b)(2), or 1153 (b)(3) of this title may file a petition with the Attorney General for such classification.
(G) 
(i) Any alien (other than a special immigrant under section 1101 (a)(27)(D) of this title) desiring to be classified under section 1153 (b)(4) of this title, or any person on behalf of such an alien, may file a petition with the Attorney General for such classification.
(ii) Aliens claiming status as a special immigrant under section 1101 (a)(27)(D) of this title may file a petition only with the Secretary of State and only after notification by the Secretary that such status has been recommended and approved pursuant to such section.
(H) Any alien desiring to be classified under section 1153 (b)(5) of this title may file a petition with the Attorney General for such classification.
(I) 
(i) Any alien desiring to be provided an immigrant visa under section 1153 (c) of this title may file a petition at the place and time determined by the Secretary of State by regulation. Only one such petition may be filed by an alien with respect to any petitioning period established. If more than one petition is submitted all such petitions submitted for such period by the alien shall be voided.
(ii) 
(I) The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be issued under section 1153 (c) of this title for the fiscal year beginning after the end of the period.
(II) Aliens who qualify, through random selection, for a visa under section 1153 (c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.
(III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause.
(iii) A petition under this subparagraph shall be in such form as the Secretary of State may by regulation prescribe and shall contain such information and be supported by such documentary evidence as the Secretary of State may require.
(J) In acting on petitions filed under clause (iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph (B), or in making determinations under subparagraphs (C) and (D), the Attorney General shall consider any credible evidence relevant to the petition. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.
(K) Upon the approval of a petition as a VAWA self-petitioner, the alien
(i) is eligible for work authorization; and
(ii) may be provided an employment authorized endorsement or appropriate work permit incidental to such approval.
(L) Notwithstanding the previous provisions of this paragraph, an individual who was a VAWA petitioner or who had the status of a nonimmigrant under subparagraph (T) or (U) of section 1101 (a)(15) of this title may not file a petition for classification under this section or section 1184 of this title to classify any person who committed the battery or extreme cruelty or trafficking against the individual (or the individuals child) which established the individuals (or individuals child[2]) eligibility as a VAWA petitioner or for such nonimmigrant status.
(2) 
(A) The Attorney General may not approve a spousal second preference petition for the classification of the spouse of an alien if the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless
(i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or
(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws.

In this subparagraph, the term spousal second preference petition refers to a petition, seeking preference status under section 1153 (a)(2) of this title, for an alien as a spouse of an alien lawfully admitted for permanent residence.

(B) Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien was terminated by the death of his or her spouse.
(b) Investigation; consultation; approval; authorization to grant preference status 
After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to petitions to accord a status under section 1153 (b)(2) or 1153 (b)(3) of this title, the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is an immediate relative specified in section 1151 (b) of this title, or is eligible for preference under subsection (a) or (b) of section 1153 of this title, approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned to grant the preference status.
(c) Limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriages entered into in order to evade immigration laws; restriction on future entry of aliens involved with marriage fraud 
Notwithstanding the provisions of subsection (b) of this section no petition shall be approved if
(1)  the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, or
(2)  the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.
(d) Recommendation of valid home-study 

(1) Notwithstanding the provisions of subsections (a) and (b) of this section no petition may be approved on behalf of a child defined in subparagraph (F) or (G) of section 1101 (b)(1) of this title unless a valid home-study has been favorably recommended by an agency of the State of the childs proposed residence, or by an agency authorized by that State to conduct such a study, or, in the case of a child adopted abroad, by an appropriate public or private adoption agency which is licensed in the United States.
(2) Notwithstanding the provisions of subsections (a) and (b) of this section, no petition may be approved on behalf of a child defined in section 1101 (b)(1)(G) of this title unless the Secretary of State has certified that the central authority of the childs country of origin has notified the United States central authority under the convention referred to in such section 1101 (b)(1)(G) of this title that a United States citizen habitually resident in the United States has effected final adoption of the child, or has been granted custody of the child for the purpose of emigration and adoption, in accordance with such convention and the Intercountry Adoption Act of 2000 [42 U.S.C. 14901 et seq.].
(e) Subsequent finding of non-entitlement to preference classification 
Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted[3] the United States as an immigrant under subsection (a), (b), or (c) of section 1153 of this title or as an immediate relative under section 1151 (b) of this title if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification.
(f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982 

(1) Any alien claiming to be an alien described in paragraph (2)(A) of this subsection (or any person on behalf of such an alien) may file a petition with the Attorney General for classification under section 1151 (b), 1153 (a)(1), or 1153 (a)(3) of this title, as appropriate. After an investigation of the facts of each case the Attorney General shall, if the conditions described in paragraph (2) are met, approve the petition and forward one copy to the Secretary of State.
(2) The Attorney General may approve a petition for an alien under paragraph (1) if
(A) he has reason to believe that the alien
(i)  was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982, and
(ii)  was fathered by a United States citizen;
(B) he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4); and
(C) in the case of an alien under eighteen years of age,
(i)  the aliens placement with a sponsor in the United States has been arranged by an appropriate public, private, or State child welfare agency licensed in the United States and actively involved in the intercountry placement of children and
(ii)  the aliens mother or guardian has in writing irrevocably released the alien for emigration.
(3) In considering petitions filed under paragraph (1), the Attorney General shall
(A) consult with appropriate governmental officials and officials of private voluntary organizations in the country of the aliens birth in order to make the determinations described in subparagraphs (A) and (C)(ii) of paragraph (2); and
(B) consider the physical appearance of the alien and any evidence provided by the petitioner, including birth and baptismal certificates, local civil records, photographs of, and letters or proof of financial support from, a putative father who is a citizen of the United States, and the testimony of witnesses, to the extent it is relevant or probative.
(4) 
(A) A guarantee of legal custody and financial responsibility for an alien described in paragraph (2) must
(i) be signed in the presence of an immigration officer or consular officer by an individual (hereinafter in this paragraph referred to as the sponsor) who is twenty-one years of age or older, is of good moral character, and is a citizen of the United States or alien lawfully admitted for permanent residence, and
(ii) provide that the sponsor agrees
(I)  in the case of an alien under eighteen years of age, to assume legal custody for the alien after the aliens departure to the United States and until the alien becomes eighteen years of age, in accordance with the laws of the State where the alien and the sponsor will reside, and
(II)  to furnish, during the five-year period beginning on the date of the aliens acquiring the status of an alien lawfully admitted for permanent residence, or during the period beginning on the date of the aliens acquiring the status of an alien lawfully admitted for permanent residence and ending on the date on which the alien becomes twenty-one years of age, whichever period is longer, such financial support as is necessary to maintain the family in the United States of which the alien is a member at a level equal to at least 125 per centum of the current official poverty line (as established by the Director of the Office of Management and Budget, under section 9902 (2) of title 42 and as revised by the Secretary of Health and Human Services under the second and third sentences of such section) for a family of the same size as the size of the aliens family.
(B) A guarantee of legal custody and financial responsibility described in subparagraph (A) may be enforced with respect to an alien against his sponsor in a civil suit brought by the Attorney General in the United States district court for the district in which the sponsor resides, except that a sponsor or his estate shall not be liable under such a guarantee if the sponsor dies or is adjudicated a bankrupt under title 11.
(g) Restriction on petitions based on marriages entered while in exclusion or deportation proceedings 
Notwithstanding subsection (a) of this section, except as provided in section 1255 (e)(3) of this title, a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 1255 (e)(2) of this title, until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.
(h) Survival of rights to petition 
The legal termination of a marriage may not be the sole basis for revocation under section 1155 of this title of a petition filed under subsection (a)(1)(A)(iii) of this section or a petition filed under subsection (a)(1)(B)(ii) of this section pursuant to conditions described in subsection (a)(1)(A)(iii)(I) of this section. Remarriage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or marriage of an alien described in clause (iv) or (vi) of subsection (a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of this section shall not be the basis for revocation of a petition approval under section 1155 of this title.
(i) Professional athletes 

(1) In general 
A petition under subsection (a)(4)(D)4 of this section for classification of a professional athlete shall remain valid for the athlete after the athlete changes employers, if the new employer is a team in the same sport as the team which was the employer who filed the petition.
(2) “Professional athlete” defined 
For purposes of paragraph (1), the term professional athlete means an individual who is employed as an athlete by
(A) 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
(B) any minor league team that is affiliated with such an association.
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence 
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if 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 petition was filed.
(k) Procedures for unmarried sons and daughters of citizens 

(1) In general 
Except as provided in paragraph (2), in the case of a petition under this section initially filed for an alien unmarried son or daughters classification as a family-sponsored immigrant under section 1153 (a)(2)(B) of this title, based on a parent of the son or daughter being an alien lawfully admitted for permanent residence, if such parent subsequently becomes a naturalized citizen of the United States, such petition shall be converted to a petition to classify the unmarried son or daughter as a family-sponsored immigrant under section 1153 (a)(1) of this title.
(2) Exception 
Paragraph (1) does not apply if the son or daughter files with the Attorney General a written statement that he or she elects not to have such conversion occur (or if it has occurred, to have such conversion revoked). Where such an election has been made, any determination with respect to the son or daughters eligibility for admission as a family-sponsored immigrant shall be made as if such naturalization had not taken place.
(3) Priority date 
Regardless of whether a petition is converted under this subsection or not, if an unmarried son or daughter described in this subsection was assigned a priority date with respect to such petition before such naturalization, he or she may maintain that priority date.
(4) Clarification 
This subsection shall apply to a petition if it is properly filed, regardless of whether it was approved or not before such naturalization.
[1] So in original. Probably should be “(II)”.
[2] So in original. Probably should be “child’s”.
[3] So in original. Probably should be followed by “to”.
[4] So in original. Probably should be subsection “(a)(1)(D)”.

8 USC 1155 - Revocation of approval of petitions; effective date

The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 1154 of this title. Such revocation shall be effective as of the date of approval of any such petition.

8 USC 1156 - Unused immigrant visas

If an immigrant having an immigrant visa is denied admission to the United States and removed, or does not apply for admission before the expiration of the validity of his visa, or if an alien having an immigrant visa issued to him as a preference immigrant is found not to be a preference immigrant, an immigrant visa or a preference immigrant visa, as the case may be, may be issued in lieu thereof to another qualified alien.

8 USC 1157 - Annual admission of refugees and admission of emergency situation refugees

(a) Maximum number of admissions; increases for humanitarian concerns; allocations 

(1) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e) of this section), that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest.
(2) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest.
(3) Admissions under this subsection shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation.
(4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year.
(b) Determinations by President respecting number of admissions for humanitarian concerns 
If the President determines, after appropriate consultation, that
(1)  an unforeseen emergency refugee situation exists,
(2)  the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and
(3)  the admission to the United States of these refugees cannot be accomplished under subsection (a) of this section, the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to exceed twelve months) in response to the emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after the appropriate consultation provided under this subsection.
(c) Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse or child 

(1) Subject to the numerical limitations established pursuant to subsections (a) and (b) of this section, the Attorney General may, in the Attorney Generals discretion and pursuant to such regulations as the Attorney General may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of special humanitarian concern to the United States, and is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter.
(2) 
(A) A spouse or child (as defined in section 1101 (b)(1)(A), (B), (C), (D), or (E) of this title) of any refugee who qualifies for admission under paragraph (1) shall, if not otherwise entitled to admission under paragraph (1) and if not a person described in the second sentence of section 1101 (a)(42) of this title, be entitled to the same admission status as such refugee if accompanying, or following to join, such refugee and if the spouse or child is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter. Upon the spouses or childs admission to the United States, such admission shall be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugees admission is charged.
(B) An unmarried alien who seeks to accompany, or follow to join, a parent granted admission as a refugee under this subsection, and who was under 21 years of age on the date on which such parent applied for refugee status under this section, shall continue to be classified as a child for purposes of this paragraph, if the alien attained 21 years of age after such application was filed but while it was pending.
(3) The provisions of paragraphs (4), (5), and (7)(A) of section 1182 (a) of this title shall not be applicable to any alien seeking admission to the United States under this subsection, and the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attorney General shall be in writing and shall be granted only on an individual basis following an investigation. The Attorney General shall provide for the annual reporting to Congress of the number of waivers granted under this paragraph in the previous fiscal year and a summary of the reasons for granting such waivers.
(4) The refugee status of any alien (and of the spouse or child of the alien) may be terminated by the Attorney General pursuant to such regulations as the Attorney General may prescribe if the Attorney General determines that the alien was not in fact a refugee within the meaning of section 1101 (a)(42) of this title at the time of the aliens admission.
(d) Oversight reporting and consultation requirements 

(1) Before the start of each fiscal year the President shall report to the Committees on the Judiciary of the House of Representatives and of the Senate regarding the foreseeable number of refugees who will be in need of resettlement during the fiscal year and the anticipated allocation of refugee admissions during the fiscal year. The President shall provide for periodic discussions between designated representatives of the President and members of such committees regarding changes in the worldwide refugee situation, the progress of refugee admissions, and the possible need for adjustments in the allocation of admissions among refugees.
(2) As soon as possible after representatives of the President initiate appropriate consultation with respect to the number of refugee admissions under subsection (a) of this section or with respect to the admission of refugees in response to an emergency refugee situation under subsection (b) of this section, the Committees on the Judiciary of the House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of such consultation.
(3) 
(A) After the President initiates appropriate consultation prior to making a determination under subsection (a) of this section, a hearing to review the proposed determination shall be held unless public disclosure of the details of the proposal would jeopardize the lives or safety of individuals.
(B) After the President initiates appropriate consultation prior to making a determination, under subsection (b) of this section, that the number of refugee admissions should be increased because of an unforeseen emergency refugee situation, to the extent that time and the nature of the emergency refugee situation permit, a hearing to review the proposal to increase refugee admissions shall be held unless public disclosure of the details of the proposal would jeopardize the lives or safety of individuals.
(e) “Appropriate consultation” defined 
For purposes of this section, the term appropriate consultation means, with respect to the admission of refugees and allocation of refugee admissions, discussions in person by designated Cabinet-level representatives of the President with members of the Committees on the Judiciary of the Senate and of the House of Representatives to review the refugee situation or emergency refugee situation, to project the extent of possible participation of the United States therein, to discuss the reasons for believing that the proposed admission of refugees is justified by humanitarian concerns or grave humanitarian concerns or is otherwise in the national interest, and to provide such members with the following information:
(1) A description of the nature of the refugee situation.
(2) A description of the number and allocation of the refugees to be admitted and an analysis of conditions within the countries from which they came.
(3) A description of the proposed plans for their movement and resettlement and the estimated cost of their movement and resettlement.
(4) An analysis of the anticipated social, economic, and demographic impact of their admission to the United States.
(5) A description of the extent to which other countries will admit and assist in the resettlement of such refugees.
(6) An analysis of the impact of the participation of the United States in the resettlement of such refugees on the foreign policy interests of the United States.
(7) Such additional information as may be appropriate or requested by such members.

To the extent possible, information described in this subsection shall be provided at least two weeks in advance of discussions in person by designated representatives of the President with such members.

(f) Training 

(1) The Attorney General, in consultation with the Secretary of State, shall provide all United States officials adjudicating refugee cases under this section with the same training as that provided to officers adjudicating asylum cases under section 1158 of this title.
(2) Such training shall include country-specific conditions, instruction on the internationally recognized right to freedom of religion, instruction on methods of religious persecution practiced in foreign countries, and applicable distinctions within a country between the nature of and treatment of various religious practices and believers.

8 USC 1158 - Asylum

(a) Authority to apply for asylum 

(1) In general 
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such aliens status, may apply for asylum in accordance with this section or, where applicable, section 1225 (b) of this title.
(2) Exceptions 

(A) Safe third country 
Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the aliens nationality or, in the case of an alien having no nationality, the country of the aliens last habitual residence) in which the aliens life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
(B) Time limit 
Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the aliens arrival in the United States.
(C) Previous asylum applications 
Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for asylum and had such application denied.
(D) Changed circumstances 
An application for asylum of an alien may be considered, notwithstanding subparagraphs (B) and (C), if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicants eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B).
(E) Applicability 
Subparagraphs (A) and (B) shall not apply to an unaccompanied alien child (as defined in section 279 (g) of title 6).
(3) Limitation on judicial review 
No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2).
(b) Conditions for granting asylum 

(1) In general 

(A) Eligibility 
The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under this section if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 1101 (a)(42)(A) of this title.
(B) Burden of proof 

(i) In general The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 1101 (a)(42)(A) of this title. To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.
(ii) Sustaining burden The testimony of the applicant may be sufficient to sustain the applicants burden without corroboration, but only if the applicant satisfies the trier of fact that the applicants testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicants burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence.
(iii) Credibility determination Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicants or witnesss account, the consistency between the applicants or witnesss written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicants claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.
(2) Exceptions 

(A) In general 
Paragraph (1) shall not apply to an alien if the Attorney General determines that
(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;
(ii) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;
(iii) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States;
(iv) there are reasonable grounds for regarding the alien as a danger to the security of the United States;
(v) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 1182 (a)(3)(B)(i) of this title or section 1227 (a)(4)(B) of this title (relating to terrorist activity), unless, in the case only of an alien described in subclause (IV) of section 1182 (a)(3)(B)(i) of this title, the Attorney General determines, in the Attorney Generals discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or
(vi) the alien was firmly resettled in another country prior to arriving in the United States.
(B) Special rules 

(i) Conviction of aggravated felony For purposes of clause (ii) of subparagraph (A), an alien who has been convicted of an aggravated felony shall be considered to have been convicted of a particularly serious crime.
(ii) Offenses The Attorney General may designate by regulation offenses that will be considered to be a crime described in clause (ii) or (iii) of subparagraph (A).
(C) Additional limitations 
The Attorney General may by regulation establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum under paragraph (1).
(D) No judicial review 
There shall be no judicial review of a determination of the Attorney General under subparagraph (A)(v).
(3) Treatment of spouse and children 

(A) In general 
A spouse or child (as defined in section 1101 (b)(1)(A), (B), (C), (D), or (E) of this title) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.
(B) Continued classification of certain aliens as children 
An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 1159 (b)(3) of this title, if the alien attained 21 years of age after such application was filed but while it was pending.
(C) Initial jurisdiction 
An asylum officer (as defined in section 1225 (b)(1)(E) of this title) shall have initial jurisdiction over any asylum application filed by an unaccompanied alien child (as defined in section 279 (g) of title 6), regardless of whether filed in accordance with this section or section 1225 (b) of this title.
(c) Asylum status 

(1) In general 
In the case of an alien granted asylum under subsection (b) of this section, the Attorney General
(A) shall not remove or return the alien to the aliens country of nationality or, in the case of a person having no nationality, the country of the aliens last habitual residence;
(B) shall authorize the alien to engage in employment in the United States and provide the alien with appropriate endorsement of that authorization; and
(C) may allow the alien to travel abroad with the prior consent of the Attorney General.
(2) Termination of asylum 
Asylum granted under subsection (b) of this section does not convey a right to remain permanently in the United States, and may be terminated if the Attorney General determines that
(A) the alien no longer meets the conditions described in subsection (b)(1) of this section owing to a fundamental change in circumstances;
(B) the alien meets a condition described in subsection (b)(2) of this section;
(C) the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the aliens nationality or, in the case of an alien having no nationality, the country of the aliens last habitual residence) in which the aliens life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or equivalent temporary protection;
(D) the alien has voluntarily availed himself or herself of the protection of the aliens country of nationality or, in the case of an alien having no nationality, the aliens country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or
(E) the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality.
(3) Removal when asylum is terminated 
An alien described in paragraph (2) is subject to any applicable grounds of inadmissibility or deportability under section[1] 1182(a) and 1227(a) of this title, and the aliens removal or return shall be directed by the Attorney General in accordance with sections 1229a and 1231 of this title.
(d) Asylum procedure 

(1) Applications 
The Attorney General shall establish a procedure for the consideration of asylum applications filed under subsection (a) of this section. The Attorney General may require applicants to submit fingerprints and a photograph at such time and in such manner to be determined by regulation by the Attorney General.
(2) Employment 
An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum.
(3) Fees 
The Attorney General may impose fees for the consideration of an application for asylum, for employment authorization under this section, and for adjustment of status under section 1159 (b) of this title. Such fees shall not exceed the Attorney Generals costs in adjudicating the applications. The Attorney General may provide for the assessment and payment of such fees over a period of time or by installments. Nothing in this paragraph shall be construed to require the Attorney General to charge fees for adjudication services provided to asylum applicants, or to limit the authority of the Attorney General to set adjudication and naturalization fees in accordance with section 1356 (m) of this title.
(4) Notice of privilege of counsel and consequences of frivolous application 
At the time of filing an application for asylum, the Attorney General shall
(A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and
(B) provide the alien a list of persons (updated not less often than quarterly) who have indicated their availability to represent aliens in asylum proceedings on a pro bono basis.
(5) Consideration of asylum applications 

(A) Procedures 
The procedure established under paragraph (1) shall provide that
(i) asylum cannot be granted until the identity of the applicant has been checked against all appropriate records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to or deportable from the United States, or ineligible to apply for or be granted asylum;
(ii) in the absence of exceptional circumstances, the initial interview or hearing on the asylum application shall commence not later than 45 days after the date an application is filed;
(iii) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed;
(iv) any administrative appeal shall be filed within 30 days of a decision granting or denying asylum, or within 30 days of the completion of removal proceedings before an immigration judge under section 1229a of this title, whichever is later; and
(v) in the case of an applicant for asylum who fails without prior authorization or in the absence of exceptional circumstances to appear for an interview or hearing, including a hearing under section 1229a of this title, the application may be dismissed or the applicant may be otherwise sanctioned for such failure.
(B) Additional regulatory conditions 
The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application for asylum not inconsistent with this chapter.
(6) Frivolous applications 
If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this chapter, effective as of the date of a final determination on such application.
(7) No private right of action 
Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
(e) Commonwealth of the Northern Mariana Islands 
The provisions of this section and section 1159 (b) of this title shall apply to persons physically present in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth (whether or not at a designated port of arrival and including persons who are brought to the Commonwealth after having been interdicted in international or United States waters) only on or after January 1, 2014.
[1] So in original. Probably should be “sections”.

8 USC 1159 - Adjustment of status of refugees

(a) Inspection and examination by Department of Homeland Security 

(1) Any alien who has been admitted to the United States under section 1157 of this title
(A) whose admission has not been terminated by the Secretary of Homeland Security or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or the Attorney General may prescribe,
(B) who has been physically present in the United States for at least one year, and
(C) who has not acquired permanent resident status,

shall, at the end of such year period, return or be returned to the custody of the Department of Homeland Security for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 1225, 1229a, and 1231 of this title.

(2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before an immigration judge to be admissible (except as otherwise provided under subsection (c) of this section) as an immigrant under this chapter at the time of the aliens inspection and examination shall, notwithstanding any numerical limitation specified in this chapter, be regarded as lawfully admitted to the United States for permanent residence as of the date of such aliens arrival into the United States.
(b) Requirements for adjustment 
The Secretary of Homeland Security or the Attorney General, in the Secretarys or the Attorney Generals discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who
(1) applies for such adjustment,
(2) has been physically present in the United States for at least one year after being granted asylum,
(3) continues to be a refugee within the meaning of section 1101 (a)(42)(A) of this title or a spouse or child of such a refugee,
(4) is not firmly resettled in any foreign country, and
(5) is admissible (except as otherwise provided under subsection (c) of this section) as an immigrant under this chapter at the time of examination for adjustment of such alien.

Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the aliens admission for lawful permanent residence as of the date one year before the date of the approval of the application.

(c) Coordination with section 1182 
The provisions of paragraphs (4), (5), and (7)(A) of section 1182 (a) of this title shall not be applicable to any alien seeking adjustment of status under this section, and the Secretary of Homeland Security or the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

8 USC 1160 - Special agricultural workers

(a) Lawful residence 

(1) In general 
The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the Attorney General determines that the alien meets the following requirements:
(A) Application period 
The alien must apply for such adjustment during the 18-month period beginning on the first day of the seventh month that begins after November 6, 1986.
(B) Performance of seasonal agricultural services and residence in the United States 
The alien must establish that he has
(i) resided in the United States, and
(ii) performed seasonal agricultural services in the United States for at least 90 man-days,

during the 12-month period ending on May 1, 1986. For purposes of the previous sentence, performance of seasonal agricultural services in the United States for more than one employer on any one day shall be counted as performance of services for only 1 man-day.

(C) Admissible as immigrant 
The alien must establish that he is admissible to the United States as an immigrant, except as otherwise provided under subsection (c)(2) of this section.
(2) Adjustment to permanent residence 
The Attorney General shall adjust the status of any alien provided lawful temporary resident status under paragraph (1) to that of an alien lawfully admitted for permanent residence on the following date:
(A) Group 1 
Subject to the numerical limitation established under subparagraph (C), in the case of an alien who has established, at the time of application for temporary residence under paragraph (1), that the alien performed seasonal agricultural services in the United States for at least 90 man-days during each of the 12-month periods ending on May 1, 1984, 1985, and 1986, the adjustment shall occur on the first day after the end of the one-year period that begins on the later of
(I)  the date the alien was granted such temporary resident status, or
(II)  the day after the last day of the application period described in paragraph (1)(A).
(B) Group 2 
In the case of aliens to which subparagraph (A) does not apply, the adjustment shall occur on the day after the last day of the two-year period that begins on the later of
(I)  the date the alien was granted such temporary resident status, or
(II)  the day after the last day of the application period described in paragraph (1)(A).
(C) Numerical limitation 
Subparagraph (A) shall not apply to more than 350,000 aliens. If more than 350,000 aliens meet the requirements of such subparagraph, such subparagraph shall apply to the 350,000 aliens whose applications for adjustment were first filed under paragraph (1) and subparagraph (B) shall apply to the remaining aliens.
(3) Termination of temporary residence 

(A) During the period of temporary resident status granted an alien under paragraph (1), the Attorney General may terminate such status only upon a determination under this chapter that the alien is deportable.
(B) Before any alien becomes eligible for adjustment of status under paragraph (2), the Attorney General may deny adjustment to permanent status and provide for termination of the temporary resident status granted such alien under paragraph (1) if
(i) the Attorney General finds by a preponderance of the evidence that the adjustment to temporary resident status was the result of fraud or willful misrepresentation as set out in section 1182 (a)(6)(C)(i) of this title, or
(ii) the alien commits an act that
(I)  makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (c)(2) of this section, or
(II)  is convicted of a felony or 3 or more misdemeanors committed in the United States.
(4) Authorized travel and employment during temporary residence 
During the period an alien is in lawful temporary resident status granted under this subsection, the alien has the right to travel abroad (including commutation from a residence abroad) and shall be granted authorization to engage in employment in the United States and shall be provided an employment authorized endorsement or other appropriate work permit, in the same manner as for aliens lawfully admitted for permanent residence.
(5) In general 
Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under paragraph (1), such status not having changed, is considered to be an alien lawfully admitted for permanent residence (as described in section 1101 (a)(20) of this title), other than under any provision of the immigration laws.
(b) Applications for adjustment of status 

(1) To whom may be made 

(A) Within the United States 
The Attorney General shall provide that applications for adjustment of status under subsection (a) may be filed
(i) with the Attorney General, or
(ii) with a designated entity (designated under paragraph (2)), but only if the applicant consents to the forwarding of the application to the Attorney General.
(B) Outside the United States 
The Attorney General, in cooperation with the Secretary of State, shall provide a procedure whereby an alien may apply for adjustment of status under subsection (a)(1) of this section at an appropriate consular office outside the United States. If the alien otherwise qualifies for such adjustment, the Attorney General shall provide such documentation of authorization to enter the United States and to have the aliens status adjusted upon entry as may be necessary to carry out the provisions of this section.
(2) Designation of entities to receive applications 
For purposes of receiving applications under this section, the Attorney General
(A) shall designate qualified voluntary organizations and other qualified State, local, community, farm labor organizations, and associations of agricultural employers, and
(B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under section 1159 or 1255 of this title, Public Law 89732 [8 U.S.C. 1255 note ], or Public Law 95145 [8 U.S.C. 1255 note ].
(3) Proof of eligibility 

(A) In general 
An alien may establish that he meets the requirement of subsection (a)(1)(B)(ii) of this section through government employment records, records supplied by employers or collective bargaining organizations, and such other reliable documentation as the alien may provide. The Attorney General shall establish special procedures to credit properly work in cases in which an alien was employed under an assumed name.
(B) Documentation of work history 

(i) An alien applying for adjustment of status under subsection (a)(1) of this section has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of man-days (as required under subsection (a)(1)(B)(ii) of this section).
(ii) If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the aliens burden of proof under clause (i) may be met by securing timely production of those records under regulations to be promulgated by the Attorney General.
(iii) An alien can meet such burden of proof if the alien establishes that the alien has in fact performed the work described in subsection (a)(1)(B)(ii) of this section by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. In such a case, the burden then shifts to the Attorney General to disprove the aliens evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.
(4) Treatment of applications by designated entities 
Each designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(A)(ii) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General.
(5) Limitation on access to information 
Files and records prepared for purposes of this section by designated entities operating under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to paragraph (6) of this subsection.
(6) Confidentiality of information 

(A) In general 
Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may
(i) use the information furnished by the applicant pursuant to an application filed under this section for any purpose other than to make a determination on the application, including a determination under subsection (a)(3)(B) of this section, or for enforcement of paragraph (7);
(ii) make any publication whereby the information furnished by any particular individual can be identified; or
(iii) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications.
(B) Required disclosures 
The Attorney General shall provide information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).
(C) Construction 

(i) In general Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.
(ii) Criminal convictions Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.
(D) Crime 
Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000.
(7) Penalties for false statements in applications 

(A) Criminal penalty 
Whoever
(i) files an application for adjustment of status under this section and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, or
(ii) creates or supplies a false writing or document for use in making such an application,

shall be fined in accordance with title 18 or imprisoned not more than five years, or both.

(B) Exclusion 
An alien who is convicted of a crime under subparagraph (A) shall be considered to be inadmissible to the United States on the ground described in section 1182 (a)(6)(C)(i) of this title.
(c) Waiver of numerical limitations and certain grounds for exclusion 

(1) Numerical limitations do not apply 
The numerical limitations of sections 1151 and 1152 of this title shall not apply to the adjustment of aliens to lawful permanent resident status under this section.
(2) Waiver of grounds for exclusion 
In the determination of an aliens admissibility under subsection (a)(1)(C) of this section
(A) Grounds of exclusion not applicable 
The provisions of paragraphs (5) and (7)(A) of section 1182 (a) of this title shall not apply.
(B) Waiver of other grounds 

(i) In general Except as provided in clause (ii), the Attorney General may waive any other provision of section 1182 (a) of this title in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
(ii) Grounds that may not be waived The following provisions of section 1182 (a) of this title may not be waived by the Attorney General under clause (i):
(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
(II) Paragraph (4) (relating to aliens likely to become public charges).
(III) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana.
(IV) Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof.
(C) Special rule for determination of public charge 
An alien is not ineligible for adjustment of status under this section due to being inadmissible under section 1182 (a)(4) of this title if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance.
(d) Temporary stay of exclusion or deportation and work authorization for certain applicants 

(1) Before application period 
The Attorney General shall provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1) of this section and who can establish a nonfrivolous case of eligibility to have his status adjusted under subsection (a) of this section (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien
(A) may not be excluded or deported, and
(B) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit.
(2) During application period 
The Attorney General shall provide that in the case of an alien who presents a nonfrivolous application for adjustment of status under subsection (a) of this section during the application period, and until a final determination on the application has been made in accordance with this section, the alien
(A) may not be excluded or deported, and
(B) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit.
(3) Use of application fees to offset program costs 
No application fees collected by the Service pursuant to this subsection may be used by the Service to offset the costs of the special agricultural worker legalization program until the Service implements the program consistent with the statutory mandate as follows:
(A) During the application period described in subsection (a)(1)(A) of this section the Service may grant temporary admission to the United States, work authorization, and provide an employment authorized endorsement or other appropriate work permit to any alien who presents a preliminary application for adjustment of status under subsection (a) of this section at a designated port of entry on the southern land border. An alien who does not enter through a port of entry is subject to deportation and removal as otherwise provided in this chapter.
(B) During the application period described in subsection (a)(1)(A) of this section any alien who has filed an application for adjustment of status within the United States as provided in subsection (b)(1)(A) of this section pursuant to the provision of 8 CFR section 210.1(j) is subject to paragraph (2) of this subsection.
(C) A preliminary application is defined as a fully completed and signed application with fee and photographs which contains specific information concerning the performance of qualifying employment in the United States and the documentary evidence which the applicant intends to submit as proof of such employment. The applicant must be otherwise admissible to the United States and must establish to the satisfaction of the examining officer during an interview that his or her claim to eligibility for special agriculture worker status is credible.
(e) Administrative and judicial review 

(1) Administrative and judicial review 
There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.
(2) Administrative review 

(A) Single level of administrative appellate review 
The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination.
(B) Standard for review 
Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.
(3) Judicial review 

(A) Limitation to review of exclusion or deportation 
There shall be judicial review of such a denial only in the judicial review of an order of exclusion or deportation under section 1105a of this title (as in effect before October 1, 1996).
(B) Standard for judicial review 
Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.
(f) Temporary disqualification of newly legalized aliens from receiving aid to families with dependent children 
During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a) of this section, and notwithstanding any other provision of law, the alien is not eligible for assistance under a State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]. Notwithstanding the previous sentence, in the case of an alien who would be eligible for assistance under a State program funded under part A of title IV of the Social Security Act but for the previous sentence, the provisions of paragraph (3) of section 1255a (h) of this title shall apply in the same manner as they apply with respect to paragraph (1) of such section and, for this purpose, any reference in section 1255a (h)(3) of this title to paragraph (1) is deemed a reference to the previous sentence.
(g) Treatment of special agricultural workers 
For all purposes (subject to subsections (a)(5) and (f) of this section) an alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence, such status not having changed, shall be considered to be an alien lawfully admitted for permanent residence (within the meaning of section 1101 (a)(20) of this title).
(h) “Seasonal agricultural services” defined 
In this section, the term seasonal agricultural services means the performance of field work related to planting, cultural practices, cultivating, growing and harvesting of fruits and vegetables of every kind and other perishable commodities, as defined in regulations by the Secretary of Agriculture.

8 USC 1161 - Repealed. Pub. L. 103416, title II, 219(ee)(1), Oct. 25, 1994, 108 Stat. 4319

Section, act June 27, 1952, ch. 477, title II, ch. 1, 210A, as added Nov. 6, 1986, Pub. L. 99–603, title III, § 303(a), 100 Stat. 3422; amended Oct. 24, 1988, Pub. L. 100–525, § 2(n)(1), 102 Stat. 2613; Nov. 29, 1990, Pub. L. 101–649, title VI, § 603(a)(6), (b)(1), 104 Stat. 5083, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, § 307(l)(2), 105 Stat. 1756, related to determination of agricultural labor shortages and admission of additional special agricultural workers.

Part II - Admission Qualifications for Aliens; Travel Control of Citizens and Aliens

8 USC 1181 - Admission of immigrants into the United States

(a) Documents required; admission under quotas before June 30, 1968 
Except as provided in subsection (b) and subsection (c) of this section no immigrant shall be admitted into the United States unless at the time of application for admission he
(1)  has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and
(2)  presents 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. With respect to immigrants to be admitted under quotas of quota areas prior to June 30, 1968, no immigrant visa shall be deemed valid unless the immigrant is properly chargeable to the quota area under the quota of which the visa is issued.
(b) Readmission without required documents; Attorney General’s discretion 
Notwithstanding the provisions of section 1182 (a)(7)(A) of this title in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, returning resident immigrants, defined in section 1101 (a)(27)(A) of this title, who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation.
(c) Nonapplicability to aliens admitted as refugees 
The provisions of subsection (a) of this section shall not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title.

8 USC 1182 - Inadmissible aliens

(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) of this section.
(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 section 1101 (b)(1)(F) 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 childs 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) of this section.
(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) a 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) a 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) a terrorist activity;
(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or
(cc) 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;
(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 aliens 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 aliens 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 aliens 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 Generals 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 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.
(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 aliens
(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 aliens 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.
(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) of this section, 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 aliens 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 applicants 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 professions 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 spouses or parents 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 aliens 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 spouses or parents 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 aliens 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 aliens inadmissibility or deportability and who seeks admission to the United States within 5 years of such aliens 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) of this section.
(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 aliens 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) of this section.
(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) of this section.
(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) of this section.
(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 aliens 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) of this section.
(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 aliens 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 aliens 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 aliens reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the aliens 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 aliens 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 aliens 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 aliens 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 aliens 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 aliens last departure from the United States if, prior to the aliens 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 aliens 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 aliens battering or subjection to extreme cruelty; and
(II) the aliens 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 Secretarys 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 persons 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 Secretarys 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 aliens 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) of this section, 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) of this section.
(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 Generals discretion, may waive the application of subsection (a) of this section (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 aliens admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the aliens 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) of this section (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) of this section (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 Secretarys 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) of this section 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 Attorney General 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 Attorney General, 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 Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General 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.
(6) Repealed. Pub. L. 101–649, title VI, § 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(7) The provisions of subsection (a) of this section (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) of this section 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 aliens 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) of this section
(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 aliens 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) of this section 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 Generals[6] discretion, may waive the application of
(i) subsection (a)(1) of this section; and
(ii) any other provision of subsection (a) of this section (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 Generals[6] discretion, may waive the application of subsection (a) of this section (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 aliens 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 aliens 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) of this section 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 aliens religious beliefs or moral convictions; or
(3) subsection (a)(1)(A)(iii) 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 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) of this section 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 aliens 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 aliens 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 aliens 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) of this section 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 aliens 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 aliens 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 aliens 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 aliens 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 aliens 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) of this section, 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 immigrants 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 officers 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 countrys 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 Secretarys 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 Secretarys 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) A 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 facilitys 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 facilitys failure to meet conditions attested to or a facilitys 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 Secretarys 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) A 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 hospitals 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 hospitals acute care inpatient days for such period; and
(iii) the number of the hospitals 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 hospitals 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 workers 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 employees or an employers 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 H1B 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 H1B 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 employers 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 H1B 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 H1B-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 H1B nonimmigrants sought in the application are exempt H1B 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 H1B-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 H1B 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 H1B 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 employers 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 petitioners failure to meet a condition specified in an application submitted under paragraph (1) or a petitioners 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 employers 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 H1B 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 H1B 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 H1B 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 nonimmigrants 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 H1B 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 H1B 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 H1B 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 H1B nonimmigrant an established salary practice of the employer, under which the employer pays to H1B 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 nonimmigrants 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 H1B nonimmigrant, during the nonimmigrants 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 H1B-dependent employer places a nonexempt H1B 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 H1B 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 H1B-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 employers practices or employment conditions, or an employers compliance with the employers 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 sources 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[9] 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 H1B-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 H1B 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 H1B nonimmigrants; or
(iii) 
(I) has at least 51 full-time equivalent employees who are employed in the United States; and
(II)  employs H1B 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 H1B nonimmigrant means an H1B 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 masters or higher degree (or its equivalent) in a specialty related to the intended employment; and
(ii) the term nonexempt H1B nonimmigrant means an H1B nonimmigrant who is not an exempt H1B nonimmigrant.
(C) For purposes of subparagraph (A)
(i) in computing the number of full-time equivalent employees and the number of H1B nonimmigrants, exempt H1B 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 H1B 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 H1B 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 H1B 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 workers 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 employees 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 employers failure to meet the condition of paragraph (1)(G)(i)(II) or a petitioners 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) of this section 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) of this section) 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) of this section 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) of this section 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) of this section 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) of this section 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 commissions 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 countrys 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) of this section 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) of this section 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) of this section is inadmissible under subsection (a)(4) of this section or ineligible to receive an immigrant visa or otherwise to adjust to the status of permanent resident by reason of subsection (a)(4) of this section, 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 employers 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 employers 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 employers 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 nonimmigrants 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 nonimmigrants 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 nonimmigrants 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 workers 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 employees 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 persons 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 aliens 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.
[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.

1182a to 1182c. Repealed. Pub. L. 87301, 24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657

Section 1182a, act Sept. 3, 1954, ch. 1254, 4, 68 Stat. 1145, related to admission of aliens who were either convicted, or who admitted the commission, of a misdemeanor. Section 1182b, Pub. L. 85–316, § 5, Sept. 11, 1957, 71 Stat. 640, permitted admission of an alien spouse, child or parent excludable for crime involving moral turpitude in cases of hardship, when not contrary to national welfare or security, and with Attorney Generals consent, and under conditions and procedures prescribed by him. See section 1182 (h) of this title. Section 1182c, Pub. L. 85–316, § 6, Sept. 11, 1957, 71 Stat. 640; Pub. L. 86–253, § 1, Sept. 9, 1959, 73 Stat. 490, authorized admission of an alien spouse, child, or parent of a United States citizen afflicted with tuberculosis under terms, conditions and controls prescribed by Attorney General. See section 1182 (g) of this title.

8 USC 1182d - Denial of visas to confiscators of American property

(a) Denial of visas 
Except as otherwise provided in section 6091 of title 22, and subject to subsection (b) of this section, the Secretary of State may deny the issuance of a visa to any alien who
(1) through the abuse of position, including a governmental or political party position, converts or has converted for personal gain real property that has been confiscated or expropriated, a claim to which is owned by a national of the United States, or who is complicit in such a conversion; or
(2) induces any of the actions or omissions described in paragraph (1) by any person.
(b) Exceptions 
Subsection (a) of this section shall not apply to
(1) any country established by international mandate through the United Nations; or
(2) any territory recognized by the United States Government to be in dispute.
(c) Reporting requirement 
Not later than 6 months after October 21, 1998, and every 12 months thereafter, the Secretary of State shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report, including
(1) a list of aliens who have been denied a visa under this subsection; and
(2) a list of aliens who could have been denied a visa under subsection (a) of this section but were issued a visa and an explanation as to why each such visa was issued.

8 USC 1182e - Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy

(a) Denial of entry 
Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any foreign national whom the Secretary finds, based on credible and specific information, to have been directly involved in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice or forcing a man or woman to undergo sterilization against his or her free choice, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such policies.
(b) Exceptions 
The prohibitions in subsection (a) of this section shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister.
(c) Waiver 
The Secretary of State may waive the prohibitions in subsection (a) of this section with respect to a foreign national if the Secretary
(1) determines that it is important to the national interest of the United States to do so; and
(2) provides written notification to the appropriate congressional committees containing a justification for the waiver.

8 USC 1182f - Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation

(a) Denial of entry 
Notwithstanding any other provision of law and except as provided in subsection (b) of this section, the Secretary shall direct consular officers not to issue a visa to any person whom the Secretary finds, based on credible and specific information, to have been directly involved with the coercive transplantation of human organs or bodily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such practices.
(b) Exception 
The prohibitions in subsection (a) of this section do not apply to an applicant who is a head of state, head of government, or cabinet-level minister.
(c) Waiver 
The Secretary may waive the prohibitions in subsection (a) of this section with respect to a foreign national if the Secretary
(1) determines that it is important to the national interest of the United States to do so; and
(2) not later than 30 days after the issuance of a visa, provides written notification to the appropriate congressional committees containing a justification for the waiver.

8 USC 1183 - Admission of aliens on giving bond or undertaking; return upon permanent departure

An alien inadmissible under paragraph (4) of section 1182 (a) of this title may, if otherwise admissible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of sponsors income and resources under section 1183a of this title) upon the giving of a suitable and proper bond or undertaking approved by the Attorney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories, counties, towns, municipalities, and districts thereof holding the United States and all States, territories, counties, towns, municipalities, and districts thereof harmless against such alien becoming a public charge. Such bond or undertaking shall terminate upon the permanent departure from the United States, the naturalization, or the death of such alien, and any sums or other security held to secure performance thereof, except to the extent forfeited for violation of the terms thereof, shall be returned to the person by whom furnished, or to his legal representatives. Suit may be brought thereon in the name and by the proper law officers of the United States for the use of the United States, or of any State, territory, district, county, town, or municipality in which such alien becomes a public charge, irrespective of whether a demand for payment of public expenses has been made.

8 USC 1183a - Requirements for sponsors affidavit of support

(a) Enforceability 

(1) Terms of affidavit 
No affidavit of support may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 1182 (a)(4) of this title unless such affidavit is executed by a sponsor of the alien as a contract
(A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable;
(B) that is legally enforceable against the sponsor by the sponsored alien, the Federal Government, any State (or any political subdivision of such State), or by any other entity that provides any means-tested public benefit (as defined in subsection (e)1 of this section), consistent with the provisions of this section; and
(C) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (b)(2) of this section.
(2) Period of enforceability 
An affidavit of support shall be enforceable with respect to benefits provided for an alien before the date the alien is naturalized as a citizen of the United States, or, if earlier, the termination date provided under paragraph (3).
(3) Termination of period of enforceability upon completion of required period of employment, etc. 

(A) In general 
An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under subparagraph (B), and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 1613 of this title) during any such period.
(B) Qualifying quarters 
For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [42 U.S.C. 401 et seq.] an alien shall be credited with
(i) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18, and
(ii) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.

No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under clause (i) or (ii) if the parent or spouse (as the case may be) of such alien received any Federal means-tested public benefit (as provided under section 1613 of this title) during the period for which such qualifying quarter of coverage is so credited.

(C) Provision of information to save system 
The Attorney General shall ensure that appropriate information regarding the application of this paragraph is provided to the system for alien verification of eligibility (SAVE) described in section 1137(d)(3) of the Social Security Act [42 U.S.C. 1320b–7 (d)(3)].
(b) Reimbursement of government expenses 

(1) Request for reimbursement 

(A) Requirement 
Upon notification that a sponsored alien has received any means-tested public benefit, the appropriate nongovernmental entity which provided such benefit or the appropriate entity of the Federal Government, a State, or any political subdivision of a State shall request reimbursement by the sponsor in an amount which is equal to the unreimbursed costs of such benefit.
(B) Regulations 
The Attorney General, in consultation with the heads of other appropriate Federal agencies, shall prescribe such regulations as may be necessary to carry out subparagraph (A).
(2) Actions to compel reimbursement 

(A) In case of nonresponse 
If within 45 days after a request for reimbursement under paragraph (1)(A), the appropriate entity has not received a response from the sponsor indicating a willingness to commence payment an action may be brought against the sponsor pursuant to the affidavit of support.
(B) In case of failure to pay 
If the sponsor fails to abide by the repayment terms established by the appropriate entity, the entity may bring an action against the sponsor pursuant to the affidavit of support.
(C) Limitation on actions 
No cause of action may be brought under this paragraph later than 10 years after the date on which the sponsored alien last received any means-tested public benefit to which the affidavit of support applies.
(3) Use of collection agencies 
If the appropriate entity under paragraph (1)(A) requests reimbursement from the sponsor or brings an action against the sponsor pursuant to the affidavit of support, the appropriate entity may appoint or hire an individual or other person to act on behalf of such entity acting under the authority of law for purposes of collecting any amounts owed.
(c) Remedies 
Remedies available to enforce an affidavit of support under this section include any or all of the remedies described in section 3201, 3203, 3204, or 3205 of title 28, as well as an order for specific performance and payment of legal fees and other costs of collection, and include corresponding remedies available under State law. A Federal agency may seek to collect amounts owed under this section in accordance with the provisions of subchapter II of chapter 37 of title 31.
(d) Notification of change of address 

(1) General requirement 
The sponsor shall notify the Attorney General and the State in which the sponsored alien is currently a resident within 30 days of any change of address of the sponsor during the period in which an affidavit of support is enforceable.
(2) Penalty 
Any person subject to the requirement of paragraph (1) who fails to satisfy such requirement shall, after notice and opportunity to be heard, be subject to a civil penalty of
(A) not less than $250 or more than $2,000, or
(B) if such failure occurs with knowledge that the sponsored alien has received any means-tested public benefits (other than benefits described in section 1611 (b), 1613 (c)(2), or 1621 (b) of this title) not less than $2,000 or more than $5,000.

The Attorney General shall enforce this paragraph under appropriate regulations.

(e) Jurisdiction 
An action to enforce an affidavit of support executed under subsection (a) of this section may be brought against the sponsor in any appropriate court
(1) by a sponsored alien, with respect to financial support; or
(2) by the appropriate entity of the Federal Government, a State or any political subdivision of a State, or by any other nongovernmental entity under subsection (b)(2) of this section, with respect to reimbursement.
(f) “Sponsor” defined 

(1) In general 
For purposes of this section the term sponsor in relation to a sponsored alien means an individual who executes an affidavit of support with respect to the sponsored alien and who
(A) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence;
(B) is at least 18 years of age;
(C) is domiciled in any of the several States of the United States, the District of Columbia, or any territory or possession of the United States;
(D) is petitioning for the admission of the alien under section 1154 of this title; and
(E) demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line.
(2) Income requirement case 
Such term also includes an individual who does not meet the requirement of paragraph (1)(E) but accepts joint and several liability together with an individual under paragraph (5)(A).
(3) Active duty armed services case 
Such term also includes an individual who does not meet the requirement of paragraph (1)(E) but is on active duty (other than active duty for training) in the Armed Forces of the United States, is petitioning for the admission of the alien under section 1154 of this title as the spouse or child of the individual, and demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 100 percent of the Federal poverty line.
(4) Certain employment-based immigrants case 
Such term also includes an individual
(A) who does not meet the requirement of paragraph (1)(D), but is the relative of the sponsored alien who filed a classification petition for the sponsored alien as an employment-based immigrant under section 1153 (b) of this title or who has a significant ownership interest in the entity that filed such a petition; and
(B) 
(i) who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line, or
(ii) does not meet the requirement of paragraph (1)(E) but accepts joint and several liability together with an individual under paragraph (5)(A).
(5) Non-petitioning cases 
Such term also includes an individual who does not meet the requirement of paragraph (1)(D) but who
(A) accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line; or
(B) is a spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild of a sponsored alien or a legal guardian of a sponsored alien, meets the requirements of paragraph (1) (other than subparagraph (D)), and executes an affidavit of support with respect to such alien in a case in which
(i) the individual petitioning under section 1154 of this title for the classification of such alien died after the approval of such petition; and
(ii) the Attorney General has determined for humanitarian reasons that revocation of such petition under section 1155 of this title would be inappropriate.
(6) Demonstration of means to maintain income 

(A) In general 

(i) Method of demonstration For purposes of this section, a demonstration of the means to maintain income shall include provision of a certified copy of the individuals Federal income tax return for the individuals 3 most recent taxable years and a written statement, executed under oath or as permitted under penalty of perjury under section 1746 of title 28 that the copies are certified copies of such returns.
(ii) Flexibility For purposes of this section, aliens may demonstrate the means to maintain income through demonstration of significant assets of the sponsored alien or of the sponsor, if such assets are available for the support of the sponsored alien.
(iii) Percent of poverty For purposes of this section, a reference to an annual income equal to at least a particular percentage of the Federal poverty line means an annual income equal to at least such percentage of the Federal poverty line for a family unit of a size equal to the number of members of the sponsors household (including family and non-family dependents) plus the total number of other dependents and aliens sponsored by that sponsor.
(B) Limitation 
The Secretary of State, or the Attorney General in the case of adjustment of status, may provide that the demonstration under subparagraph (A) applies only to the most recent taxable year.
(h)  2 “Federal poverty line” defined 
For purposes of this section, the term Federal poverty line means the level of income equal to the official poverty line (as defined by the Director of the Office of Management and Budget, as revised annually by the Secretary of Health and Human Services, in accordance with section 9902 (2) of title 42) that is applicable to a family of the size involved.
(i) Sponsor’s social security account number required to be provided 

(1) An affidavit of support shall include the social security account number of each sponsor.
(2) The Attorney General shall develop an automated system to maintain the social security account number data provided under paragraph (1).
(3) The Attorney General shall submit an annual report to the Committees on the Judiciary of the House of Representatives and the Senate setting forth
(A) for the most recent fiscal year for which data are available the number of sponsors under this section and the number of sponsors in compliance with the financial obligations of this section; and
(B) a comparison of such numbers with the numbers of such sponsors for the preceding fiscal year.
[1] See References in Text note below.
[2] So in original. Section enacted without a subsec. (g).

8 USC 1184 - Admission of nonimmigrants

(a) Regulations 

(1) The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Attorney General shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title, such alien will depart from the United States. No alien admitted to Guam or the Commonwealth of the Northern Mariana Islands without a visa pursuant to section 1182 (l) of this title may be authorized to enter or stay in the United States other than in Guam or the Commonwealth of the Northern Mariana Islands or to remain in Guam or the Commonwealth of the Northern Mariana Islands for a period exceeding 45 days from date of admission to Guam or the Commonwealth of the Northern Mariana Islands. No alien admitted to the United States without a visa pursuant to section 1187 of this title may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission.
(2) 
(A) The period of authorized status as a nonimmigrant described in section 1101 (a)(15)(O) of this title shall be for such period as the Attorney General may specify in order to provide for the event (or events) for which the nonimmigrant is admitted.
(B) The period of authorized status as a nonimmigrant described in section 1101 (a)(15)(P) of this title shall be for such period as the Attorney General may specify in order to provide for the competition, event, or performance for which the nonimmigrant is admitted. In the case of nonimmigrants admitted as individual athletes under section 1101 (a)(15)(P) of this title, the period of authorized status may be for an initial period (not to exceed 5 years) during which the nonimmigrant will perform as an athlete and such period may be extended by the Attorney General for an additional period of up to 5 years.
(b) Presumption of status; written waiver 
Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title.
(c) Petition of importing employer 

(1) The question of importing any alien as a nonimmigrant under subparagraph (H), (L), (O), or (P)(i) of section 1101 (a)(15) of this title (excluding nonimmigrants under section 1101 (a)(15)(H)(i)(b1) of this title) in any specific case or specific cases shall be determined by the Attorney General, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition, shall be made and approved before the visa is granted. The petition shall be in such form and contain such information as the Attorney General shall prescribe. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant. For purposes of this subsection with respect to nonimmigrants described in section 1101 (a)(15)(H)(ii)(a) of this title, the term appropriate agencies of Government means the Department of Labor and includes the Department of Agriculture. The provisions of section 1188 of this title shall apply to the question of importing any alien as a nonimmigrant under section 1101 (a)(15)(H)(ii)(a) of this title.
(2) 
(A) The Attorney General shall provide for a procedure under which an importing employer which meets requirements established by the Attorney General may file a blanket petition to import aliens as nonimmigrants described in section 1101 (a)(15)(L) of this title instead of filing individual petitions under paragraph (1) to import such aliens. Such procedure shall permit the expedited processing of visas for admission of aliens covered under such a petition.
(B) For purposes of section 1101 (a)(15)(L) of this title, an alien is considered to be serving in a capacity involving specialized knowledge with respect to a company if the alien has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.
(C) The Attorney General shall provide a process for reviewing and acting upon petitions under this subsection with respect to nonimmigrants described in section 1101 (a)(15)(L) of this title within 30 days after the date a completed petition has been filed.
(D) The period of authorized admission for
(i) a nonimmigrant admitted to render services in a managerial or executive capacity under section 1101 (a)(15)(L) of this title shall not exceed 7 years, or
(ii) a nonimmigrant admitted to render services in a capacity that involves specialized knowledge under section 1101 (a)(15)(L) of this title shall not exceed 5 years.
(E) In the case of an alien spouse admitted under section 1101 (a)(15)(L) of this title, who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an employment authorized endorsement or other appropriate work permit.
(F) An alien who will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 1101 (a)(15)(L) of this title and will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent shall not be eligible for classification under section 1101 (a)(15)(L) of this title if
(i) the alien will be controlled and supervised principally by such unaffiliated employer; or
(ii) the placement of the alien at the worksite of the unaffiliated employer is essentially an arrangement to provide labor for hire for the unaffiliated employer, rather than a placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary.
(3) The Attorney General shall approve a petition
(A) with respect to a nonimmigrant described in section 1101 (a)(15)(O)(i) of this title only after consultation in accordance with paragraph (6) or, with respect to aliens seeking entry for a motion picture or television production, after consultation with the appropriate union representing the aliens occupational peers and a management organization in the area of the aliens ability, or
(B) with respect to a nonimmigrant described in section 1101 (a)(15)(O)(ii) of this title after consultation in accordance with paragraph (6) or, in the case of such an alien seeking entry for a motion picture or television production, after consultation with such a labor organization and a management organization in the area of the aliens ability.

In the case of an alien seeking entry for a motion picture or television production,

(i)  any opinion under the previous sentence shall only be advisory,
(ii)  any such opinion that recommends denial must be in writing,
(iii)  in making the decision the Attorney General shall consider the exigencies and scheduling of the production, and
(iv)  the Attorney General shall append to the decision any such opinion. The Attorney General shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 1101 (a)(15)(O)(i) of this title because of extraordinary ability in the arts and who seek readmission to perform similar services within 2 years after the date of a consultation under such subparagraph. Not later than 5 days after the date such a waiver is provided, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization.
(4) 
(A) For purposes of section 1101 (a)(15)(P)(i)(a) of this title, an alien is described in this subparagraph if the alien
(i) 
(I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance;
(II) is a professional athlete, as defined in section 1154 (i)(2) of this title;
(III) performs as an athlete, or as a coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association of 15 or more amateur sports teams, if
(aa) the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country;
(bb) participation in such league or association renders players ineligible, whether on a temporary or permanent basis, to earn a scholarship in, or participate in, that sport at a college or university in the United States under the rules of the National Collegiate Athletic Association; and
(cc) a significant number of the individuals who play in such league or association are drafted by a major sports league or a minor league affiliate of such a sports league; or
(IV) is a professional athlete or amateur athlete who performs individually or as part of a group in a theatrical ice skating production; and
(ii) seeks to enter the United States temporarily and solely for the purpose of performing
(I) as such an athlete with respect to a specific athletic competition; or
(II) in the case of an individual described in clause (i)(IV), in a specific theatrical ice skating production or tour.
(B) 
(i) For purposes of section 1101 (a)(15)(P)(i)(b) of this title, an alien is described in this subparagraph if the alien
(I) performs with or is an integral and essential part of the performance of an entertainment group that has (except as provided in clause (ii)) been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time,
(II) in the case of a performer or entertainer, except as provided in clause (iii), has had a sustained and substantial relationship with that group (ordinarily for at least one year) and provides functions integral to the performance of the group, and
(III) seeks to enter the United States temporarily and solely for the purpose of performing as such a performer or entertainer or as an integral and essential part of a performance.
(ii) In the case of an entertainment group that is recognized nationally as being outstanding in its discipline for a sustained and substantial period of time, the Attorney General may, in consideration of special circumstances, waive the international recognition requirement of clause (i)(I).
(iii) 
(I) The one-year relationship requirement of clause (i)(II) shall not apply to 25 percent of the performers and entertainers in a group.
(II) The Attorney General may waive such one-year relationship requirement for an alien who because of illness or unanticipated and exigent circumstances replaces an essential member of the group and for an alien who augments the group by performing a critical role.
(iv) The requirements of subclauses (I) and (II) of clause (i) shall not apply to alien circus personnel who perform as part of a circus or circus group or who constitute an integral and essential part of the performance of such circus or circus group, but only if such personnel are entering the United States to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus.
(C) A person may petition the Attorney General for classification of an alien as a nonimmigrant under section 1101 (a)(15)(P) of this title.
(D) The Attorney General shall approve petitions under this subsection with respect to nonimmigrants described in clause (i) or (iii) of section 1101 (a)(15)(P) of this title only after consultation in accordance with paragraph (6).
(E) The Attorney General shall approve petitions under this subsection for nonimmigrants described in section 1101 (a)(15)(P)(ii) of this title only after consultation with labor organizations representing artists and entertainers in the United States.
(F) 
(i) No nonimmigrant visa under section 1101 (a)(15)(P)(i)(a) of this title shall be issued to any alien who is a national of a country that is a state sponsor of international terrorism unless the Secretary of State determines, in consultation with the Secretary of Homeland Security and the heads of other appropriate United States agencies, that such alien does not pose a threat to the safety, national security, or national interest of the United States. In making a determination under this subparagraph, the Secretary of State shall apply standards developed by the Secretary of State, in consultation with the Secretary of Homeland Security and the heads of other appropriate United States agencies, that are applicable to the nationals of such states.
(ii) In this subparagraph, the term state sponsor of international terrorism means any country the government of which has been determined by the Secretary of State under any of the laws specified in clause (iii) to have repeatedly provided support for acts of international terrorism.
(iii) The laws specified in this clause are the following:
(I) Section 2405 (j)(1)(A) of title 50, Appendix (or successor statute).
(II) Section 2780 (d) of title 22.
(III) Section 2371 (a) of title 22.
(G) The Secretary of Homeland Security shall permit a petition under this subsection to seek classification of more than 1 alien as a nonimmigrant under section 1101 (a)(15)(P)(i)(a) of this title.
(H) The Secretary of Homeland Security shall permit an athlete, or the employer of an athlete, to seek admission to the United States for such athlete under a provision of this Act other than section 1101 (a)(15)(P)(i) of this title if the athlete is eligible under such other provision.
(5) 
(A) In the case of an alien who is provided nonimmigrant status under section 1101 (a)(15)(H)(i)(b) or 1101 (a)(15)(H)(ii)(b) of this title and who is dismissed from employment by the employer before the end of the period of authorized admission, the employer shall be liable for the reasonable costs of return transportation of the alien abroad.
(B) In the case of an alien who is admitted to the United States in nonimmigrant status under section 1101 (a)(15)(O) or 1101 (a)(15)(P) of this title and whose employment terminates for reasons other than voluntary resignation, the employer whose offer of employment formed the basis of such nonimmigrant status and the petitioner are jointly and severally liable for the reasonable cost of return transportation of the alien abroad. The petitioner shall provide assurance satisfactory to the Attorney General that the reasonable cost of that transportation will be provided.
(6) 
(A) 
(i) To meet the consultation requirement of paragraph (3)(A) in the case of a petition for a nonimmigrant described in section 1101 (a)(15)(O)(i) of this title (other than with respect to aliens seeking entry for a motion picture or television production), the petitioner shall submit with the petition an advisory opinion from a peer group (or other person or persons of its choosing, which may include a labor organization) with expertise in the specific field involved.
(ii) To meet the consultation requirement of paragraph (3)(B) in the case of a petition for a nonimmigrant described in section 1101 (a)(15)(O)(ii) of this title (other than with respect to aliens seeking entry for a motion picture or television production), the petitioner shall submit with the petition an advisory opinion from a labor organization with expertise in the skill area involved.
(iii) To meet the consultation requirement of paragraph (4)(D) in the case of a petition for a nonimmigrant described in section 1101 (a)(15)(P)(i) or 1101 (a)(15)(P)(iii) of this title, the petitioner shall submit with the petition an advisory opinion from a labor organization with expertise in the specific field of athletics or entertainment involved.
(B) To meet the consultation requirements of subparagraph (A), unless the petitioner submits with the petition an advisory opinion from an appropriate labor organization, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization within 5 days of the date of receipt of the petition. If there is a collective bargaining representative of an employers employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization.
(C) In those cases in which a petitioner described in subparagraph (A) establishes that an appropriate peer group (including a labor organization) does not exist, the Attorney General shall adjudicate the petition without requiring an advisory opinion.
(D) Any person or organization receiving a copy of a petition described in subparagraph (A) and supporting documents shall have no more than 15 days following the date of receipt of such documents within which to submit a written advisory opinion or comment or to provide a letter of no objection. Once the 15-day period has expired and the petitioner has had an opportunity, where appropriate, to supply rebuttal evidence, the Attorney General shall adjudicate such petition in no more than 14 days. The Attorney General may shorten any specified time period for emergency reasons if no unreasonable burden would be thus imposed on any participant in the process.
(E) 
(i) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant artists or entertainers described in section 1101 (a)(15)(O) or 1101 (a)(15)(P) of this title to accommodate the exigencies and scheduling of a given production or event.
(ii) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant athletes described in section 1101 (a)(15)(O)(i) or 1101 (a)(15)(P)(i) of this title in the case of emergency circumstances (including trades during a season).
(F) No consultation required under this subsection by the Attorney General with a nongovernmental entity shall be construed as permitting the Attorney General to delegate any authority under this subsection to such an entity. The Attorney General shall give such weight to advisory opinions provided under this section as the Attorney General determines, in his sole discretion, to be appropriate.
(7) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the determination and the reasons for the denial and of the process by which the petitioner may appeal the determination.
(8) The Attorney General shall submit annually to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to petitions under each subcategory of subparagraphs (H), (O), (P), and (Q) of section 1101 (a)(15) of this title the following:
(A) The number of such petitions which have been filed.
(B) The number of such petitions which have been approved and the number of workers (by occupation) included in such approved petitions.
(C) The number of such petitions which have been denied and the number of workers (by occupation) requested in such denied petitions.
(D) The number of such petitions which have been withdrawn.
(E) The number of such petitions which are awaiting final action.
(9) 
(A) The Attorney General shall impose a fee on an employer (excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001 (a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing before[1] a petition under paragraph (1)
(i) initially to grant an alien nonimmigrant status described in section 1101 (a)(15)(H)(i)(b) of this title;
(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or
(iii) to obtain authorization for an alien having such status to change employers.
(B) The amount of the fee shall be $1,500 for each such petition except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356 (s) of this title.
(10) An amended H1B petition shall not be required where the petitioning employer is involved in a corporate restructuring, including but not limited to a merger, acquisition, or consolidation, where a new corporate entity succeeds to the interests and obligations of the original petitioning employer and where the terms and conditions of employment remain the same but for the identity of the petitioner.
(11) 
(A) Subject to subparagraph (B), the Secretary of Homeland Security or the Secretary of State, as appropriate, shall impose a fee on an employer who has filed an attestation described in section 1182 (t) of this title
(i) in order that an alien may be initially granted nonimmigrant status described in section 1101 (a)(15)(H)(i)(b1) of this title; or
(ii) in order to satisfy the requirement of the second sentence of subsection (g)(8)(C) of this section for an alien having such status to obtain certain extensions of stay.
(B) The amount of the fee shall be the same as the amount imposed by the Secretary of Homeland Security under paragraph (9), except that if such paragraph does not authorize such Secretary to impose any fee, no fee shall be imposed under this paragraph.
(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356 (s) of this title.
(12) 
(A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1)
(i) initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 1101 (a)(15) of this title; or
(ii) to obtain authorization for an alien having such status to change employers.
(B) In addition to any other fees authorized by law, the Secretary of State shall impose a fraud prevention and detection fee on an alien filing an application abroad for a visa authorizing admission to the United States as a nonimmigrant described in section 1101 (a)(15)(L) of this title, if the alien is covered under a blanket petition described in paragraph (2)(A).
(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $500.
(D) The fee imposed under subparagraph (A) or (B) shall only apply to principal aliens and not to the spouses or children who are accompanying or following to join such principal aliens.
(E) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356 (v) of this title.
(13) 
(A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1) for nonimmigrant workers described in section 1101 (a)(15)(H)(ii)(b) of this title.
(B) The amount of the fee imposed under subparagraph (A) shall be $150.
(14) 
(A) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a substantial failure to meet any of the conditions of the petition to admit or otherwise provide status to a nonimmigrant worker under section 1101 (a)(15)(H)(ii)(b) of this title or a willful misrepresentation of a material fact in such petition
(i) the Secretary of Homeland Security may, in addition to any other remedy authorized by law, impose such administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be appropriate; and
(ii) the Secretary of Homeland Security may deny petitions filed with respect to that employer under section 1154 of this title or paragraph (1) of this subsection during a period of at least 1 year but not more than 5 years for aliens to be employed by the employer.
(B) The Secretary of Homeland Security may delegate to the Secretary of Labor, with the agreement of the Secretary of Labor, any of the authority given to the Secretary of Homeland Security under subparagraph (A)(i).
(C) In determining the level of penalties to be assessed under subparagraph (A), the highest penalties shall be reserved for willful failures to meet any of the conditions of the petition that involve harm to United States workers.
(D) In this paragraph, the term substantial failure means the willful failure to comply with the requirements of this section that constitutes a significant deviation from the terms and conditions of a petition.
(d) Issuance of visa to fiancee or fiance of citizen 

(1) A visa shall not be issued under the provisions of section 1101 (a)(15)(K)(i) of this title until the consular officer has received a petition filed in the United States by the fiancee and fiance of the applying alien and approved by the Secretary of Homeland Security. The petition shall be in such form and contain such information as the Secretary of Homeland Security shall, by regulation, prescribe. Such information shall include information on any criminal convictions of the petitioner for any specified crime. It shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the aliens arrival, except that the Secretary of Homeland Security in his discretion may waive the requirement that the parties have previously met in person. In the event the marriage with the petitioner does not occur within three months after the admission of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so shall be removed in accordance with sections 1229a and 1231 of this title.
(2) 
(A) Subject to subparagraphs (B) and (C), a consular officer may not approve a petition under paragraph (1) unless the officer has verified that
(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and
(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.
(B) The Secretary of Homeland Security may, in the Secretarys discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph (C), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons.
(C) 
(i) The Secretary of Homeland Security is not limited by the criminal court record and shall grant a waiver of the condition described in the second sentence of subparagraph (B) in the case of a petitioner described in clause (ii).
(ii) A petitioner described in this clause is a petitioner who has been battered or subjected to extreme cruelty and who is or was not the primary perpetrator of violence in the relationship upon a determination that
(I) the petitioner was acting in self-defense;
(II) the petitioner was found to have violated a protection order intended to protect the petitioner; or
(III) the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime and the petitioners having been battered or subjected to extreme cruelty.
(iii) In acting on applications under this subparagraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary.
(3) In this subsection:
(A) The terms domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005.[2]
(B) The term specified crime means the following:
(i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
(ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause.
(iii) At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.
(e) Nonimmigrant professionals and annual numerical limit 

(1) Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada and seeks to enter the United States under and pursuant to the provisions of Annex 1502.1 (United States of America), Part CProfessionals, of the United States-Canada Free-Trade Agreement to engage in business activities at a professional level as provided for therein may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor.
(2) An alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as NAFTA) to engage in business activities at a professional level as provided for in such Annex, may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor. For purposes of this chapter, including the issuance of entry documents and the application of subsection (b) of this section, such alien shall be treated as if seeking classification, or classifiable, as a nonimmigrant under section 1101 (a)(15) of this title. The admission of an alien who is a citizen of Mexico shall be subject to paragraphs (3), (4), and (5). For purposes of this paragraph and paragraphs (3), (4), and (5), the term citizen of Mexico means citizen as defined in Annex 1608 of NAFTA.
(3) The Attorney General shall establish an annual numerical limit on admissions under paragraph (2) of aliens who are citizens of Mexico, as set forth in Appendix 1603.D.4 of Annex 1603 of the NAFTA. Subject to paragraph (4), the annual numerical limit
(A) beginning with the second year that NAFTA is in force, may be increased in accordance with the provisions of paragraph 5(a) of Section D of such Annex, and
(B) shall cease to apply as provided for in paragraph 3 of such Appendix.
(4) The annual numerical limit referred to in paragraph (3) may be increased or shall cease to apply (other than by operation of paragraph 3 of such Appendix) only if
(A) the President has obtained advice regarding the proposed action from the appropriate advisory committees established under section 2155 of title 19;
(B) the President has submitted a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that sets forth
(i) the action proposed to be taken and the reasons therefor, and
(ii) the advice obtained under subparagraph (A);
(C) a period of at least 60 calendar days that begins on the first day on which the President has met the requirements of subparagraphs (A) and (B) with respect to such action has expired; and
(D) the President has consulted with such committees regarding the proposed action during the period referred to in subparagraph (C).
(5) During the period that the provisions of Appendix 1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an alien who is a citizen of Mexico under and pursuant to the provisions of Section D of Annex 1603 of NAFTA shall be subject to the attestation requirement of section 1182 (m) of this title, in the case of a registered nurse, or the application requirement of section 1182 (n) of this title, in the case of all other professions set out in Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition requirement of subsection (c) of this section, to the extent and in the manner prescribed in regulations promulgated by the Secretary of Labor, with respect to sections 1182 (m) and 1182 (n) of this title, and the Attorney General, with respect to subsection (c) of this section.
(6) In the case of an alien spouse admitted under section 1101 (a)(15)(E) of this title, who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an employment authorized endorsement or other appropriate work permit.
(f) Denial of crewmember status in case of certain labor disputes 

(1) Except as provided in paragraph (3), no alien shall be entitled to nonimmigrant status described in section 1101 (a)(15)(D) of this title if the alien intends to land for the purpose of performing service on board a vessel of the United States (as defined in section 116 of title 46) or on an aircraft of an air carrier (as defined in section 40102 (a)(2) of title 49) during a labor dispute where there is a strike or lockout in the bargaining unit of the employer in which the alien intends to perform such service.
(2) An alien described in paragraph (1)
(A) may not be paroled into the United States pursuant to section 1182 (d)(5) of this title unless the Attorney General determines that the parole of such alien is necessary to protect the national security of the United States; and
(B) shall be considered not to be a bona fide crewman for purposes of section 1282 (b) of this title.
(3) Paragraph (1) shall not apply to an alien if the air carrier or owner or operator of such vessel that employs the alien provides documentation that satisfies the Attorney General that the alien
(A) has been an employee of such employer for a period of not less than 1 year preceding the date that a strike or lawful lockout commenced;
(B) has served as a qualified crewman for such employer at least once in each of 3 months during the 12-month period preceding such date; and
(C) shall continue to provide the same services that such alien provided as such a crewman.
(g) Temporary workers and trainees; limitation on numbers 

(1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)
(A) under section 1101 (a)(15)(H)(i)(b) of this title, may not exceed
(i) 65,000 in each fiscal year before fiscal year 1999;
(ii) 115,000 in fiscal year 1999;
(iii) 115,000 in fiscal year 2000;
(iv) 195,000 in fiscal year 2001;
(v) 195,000 in fiscal year 2002;
(vi) 195,000 in fiscal year 2003; and
(vii) 65,000 in each succeeding fiscal year; or
(B) under section 1101 (a)(15)(H)(ii)(b) of this title may not exceed 66,000.
(2) The numerical limitations of paragraph (1) shall only apply to principal aliens and not to the spouses or children of such aliens.
(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.
(4) In the case of a nonimmigrant described in section 1101 (a)(15)(H)(i)(b) of this title, the period of authorized admission as such a nonimmigrant may not exceed 6 years.
(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 1101 (a)(15)(H)(i)(b) of this title who
(A) is employed (or has received an offer of employment) at an institution of higher education (as defined in section 1001 (a) of title 20), or a related or affiliated nonprofit entity;
(B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization; or
(C) has earned a masters or higher degree from a United States institution of higher education (as defined in section 1001 (a) of title 20), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.
(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 1101 (a)(15)(H)(i)(b) of this title, who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5).
(7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c) of this section, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
(8) 
(A) The agreements referred to in section 1101 (a)(15)(H)(i)(b1) of this title are
(i) the United States-Chile Free Trade Agreement; and
(ii) the United States-Singapore Free Trade Agreement.
(B) 
(i) The Secretary of Homeland Security shall establish annual numerical limitations on approvals of initial applications by aliens for admission under section 1101 (a)(15)(H)(i)(b1) of this title.
(ii) The annual numerical limitations described in clause (i) shall not exceed
(I) 1,400 for nationals of Chile (as defined in article 14.9 of the United States-Chile Free Trade Agreement) for any fiscal year; and
(II) 5,400 for nationals of Singapore (as defined in Annex 1A of the United States-Singapore Free Trade Agreement) for any fiscal year.
(iii) The annual numerical limitations described in clause (i) shall only apply to principal aliens and not to the spouses or children of such aliens.
(iv) The annual numerical limitation described in paragraph (1)(A) is reduced by the amount of the annual numerical limitations established under clause (i). However, if a numerical limitation established under clause (i) has not been exhausted at the end of a given fiscal year, the Secretary of Homeland Security shall adjust upwards the numerical limitation in paragraph (1)(A) for that fiscal year by the amount remaining in the numerical limitation under clause (i). Visas under section 1101 (a)(15)(H)(i)(b) of this title may be issued pursuant to such adjustment within the first 45 days of the next fiscal year to aliens who had applied for such visas during the fiscal year for which the adjustment was made.
(C) The period of authorized admission as a nonimmigrant under section 1101 (a)(15)(H)(i)(b1) of this title shall be 1 year, and may be extended, but only in 1-year increments. After every second extension, the next following extension shall not be granted unless the Secretary of Labor had determined and certified to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182 (t)(1) of this title for the purpose of permitting the nonimmigrant to obtain such extension.
(D) The numerical limitation described in paragraph (1)(A) for a fiscal year shall be reduced by one for each alien granted an extension under subparagraph (C) during such year who has obtained 5 or more consecutive prior extensions.
(9) 
(A) Subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007. Such an alien shall be considered a returning worker.
(B) A petition to admit or otherwise provide status under section 1101 (a)(15)(H)(ii)(b) of this title shall include, with respect to a returning worker
(i) all information and evidence that the Secretary of Homeland Security determines is required to support a petition for status under section 1101 (a)(15)(H)(ii)(b) of this title;
(ii) the full name of the alien; and
(iii) a certification to the Department of Homeland Security that the alien is a returning worker.
(C) An H2B visa or grant of nonimmigrant status for a returning worker shall be approved only if the alien is confirmed to be a returning worker by
(i) the Department of State; or
(ii) if the alien is visa exempt or seeking to change to status under section 1101 (a)(15)(H)(ii)(b) of this title, the Department of Homeland Security.
(10) The numerical limitations of paragraph (1)(B) shall be allocated for a fiscal year so that the total number of aliens subject to such numerical limits who enter the United States pursuant to a visa or are accorded nonimmigrant status under section 1101 (a)(15)(H)(ii)(b) of this title during the first 6 months of such fiscal year is not more than 33,000.
(11) 
(A) The Secretary of State may not approve a number of initial applications submitted for aliens described in section 1101 (a)(15)(E)(iii) of this title that is more than the applicable numerical limitation set out in this paragraph.
(B) The applicable numerical limitation referred to in subparagraph (A) is 10,500 for each fiscal year.
(C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens.
(h) Intention to abandon foreign residence 
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the aliens most recent departure from the United States.
(i) “Specialty occupation” defined 

(1) Except as provided in paragraph (3), for purposes of section 1101 (a)(15)(H)(i)(b) of this title, section 1101 (a)(15)(E)(iii) of this title, and paragraph (2), the term specialty occupation means an occupation that requires
(A) theoretical and practical application of a body of highly specialized knowledge, and
(B) attainment of a bachelors or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
(2) For purposes of section 1101 (a)(15)(H)(i)(b) of this title, the requirements of this paragraph, with respect to a specialty occupation, are
(A) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation,
(B) completion of the degree described in paragraph (1)(B) for the occupation, or
(C) 
(i) experience in the specialty equivalent to the completion of such degree, and
(ii)  recognition of expertise in the specialty through progressively responsible positions relating to the specialty.
(3) For purposes of section 1101 (a)(15)(H)(i)(b1) of this title, the term specialty occupation means an occupation that requires
(A) theoretical and practical application of a body of specialized knowledge; and
(B) attainment of a bachelors or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
(j) Labor disputes 

(1) Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada or Mexico who seeks to enter the United States under and pursuant to the provisions of Section B, Section C, or Section D of Annex 1603 of the North American Free Trade Agreement, shall not be classified as a nonimmigrant under such provisions if there is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment, unless such alien establishes, pursuant to regulations promulgated by the Attorney General, that the aliens entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout. Notice of a determination under this paragraph shall be given as may be required by paragraph 3 of article 1603 of such Agreement. For purposes of this paragraph, the term citizen of Mexico means citizen as defined in Annex 1608 of such Agreement.
(2) Notwithstanding any other provision of this chapter except section 1182 (t)(1) of this title, and subject to regulations promulgated by the Secretary of Homeland Security, an alien who seeks to enter the United States under and pursuant to the provisions of an agreement listed in subsection (g)(8)(A) of this section, and the spouse and children of such an alien if accompanying or following to join the alien, may be denied admission as a nonimmigrant under subparagraph (E), (L), or (H)(i)(b1) of section 1101 (a)(15) of this title if there is in progress a labor dispute in the occupational classification at the place or intended place of employment, unless such alien establishes, pursuant to regulations promulgated by the Secretary of Homeland Security after consultation with the Secretary of Labor, that the aliens entry will not affect adversely the settlement of the labor dispute or the employment of any person who is involved in the labor dispute. Notice of a determination under this paragraph shall be given as may be required by such agreement.
(k) Numerical limitations; period of admission; conditions for admission and stay; annual report 

(1) The number of aliens who may be provided a visa as nonimmigrants under section 1101 (a)(15)(S)(i) of this title in any fiscal year may not exceed 200. The number of aliens who may be provided a visa as nonimmigrants under section 1101 (a)(15)(S)(ii) of this title in any fiscal year may not exceed 50.
(2) The period of admission of an alien as such a nonimmigrant may not exceed 3 years. Such period may not be extended by the Attorney General.
(3) As a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant
(A) shall report not less often than quarterly to the Attorney General such information concerning the aliens whereabouts and activities as the Attorney General may require;
(B) may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after the date of such admission;
(C) must have executed a form that waives the nonimmigrants right to contest, other than on the basis of an application for withholding of removal, any action for removal of the alien instituted before the alien obtains lawful permanent resident status; and
(D) shall abide by any other condition, limitation, or restriction imposed by the Attorney General.
(4) The Attorney General shall submit a report annually to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate concerning
(A) the number of such nonimmigrants admitted;
(B) the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens;
(C) the number of terrorist acts prevented or frustrated resulting from cooperation of such aliens;
(D) the number of such nonimmigrants whose admission or cooperation has not resulted in successful criminal prosecution or investigation or the prevention or frustration of a terrorist act; and
(E) the number of such nonimmigrants who have failed to report quarterly (as required under paragraph (3)) or who have been convicted of crimes in the United States after the date of their admission as such a nonimmigrant.
(l) Restrictions on waiver 

(1) In the case of a request by an interested State agency, or by an interested Federal agency, for a waiver of the 2-year foreign residence requirement under section 1182 (e) of this title on behalf of an alien described in clause (iii) of such section, the Attorney General shall not grant such waiver unless
(A) in the case of an alien who is otherwise contractually obligated to return to a foreign country, the government of such country furnishes the Director of the United States Information Agency with a statement in writing that it has no objection to such waiver;
(B) in the case of a request by an interested State agency, the grant of such waiver would not cause the number of waivers allotted for that State for that fiscal year to exceed 30;
(C) in the case of a request by an interested Federal agency or by an interested State agency
(i) the alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization, which employment has been determined by the Attorney General to be in the public interest; and
(ii) the alien agrees to begin employment with the health facility or health care organization within 90 days of receiving such waiver, and agrees to continue to work for a total of not less than 3 years (unless the Attorney General determines that extenuating circumstances exist, such as closure of the facility or hardship to the alien, which would justify a lesser period of employment at such health facility or health care organization, in which case the alien must demonstrate another bona fide offer of employment at a health facility or health care organization for the remainder of such 3-year period); and
(D) in the case of a request by an interested Federal agency (other than a request by an interested Federal agency to employ the alien full-time in medical research or training) or by an interested State agency, the alien agrees to practice primary care or specialty medicine in accordance with paragraph (2) for a total of not less than 3 years only in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, except that
(i) in the case of a request by the Department of Veterans Affairs, the alien shall not be required to practice medicine in a geographic area designated by the Secretary;
(ii) in the case of a request by an interested State agency, the head of such State agency determines that the alien is to practice medicine under such agreement in a facility that serves patients who reside in one or more geographic areas so designated by the Secretary of Health and Human Services (without regard to whether such facility is located within such a designated geographic area), and the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B)) in accordance with the conditions of this clause to exceed 10; and
(iii) in the case of a request by an interested Federal agency or by an interested State agency for a waiver for an alien who agrees to practice specialty medicine in a facility located in a geographic area so designated by the Secretary of Health and Human Services, the request shall demonstrate, based on criteria established by such agency, that there is a shortage of health care professionals able to provide services in the appropriate medical specialty to the patients who will be served by the alien.
(2) 
(A) Notwithstanding section 1258 (a)(2) of this title, the Attorney General may change the status of an alien who qualifies under this subsection and section 1182 (e) of this title to that of an alien described in section 1101 (a)(15)(H)(i)(b) of this title. The numerical limitations contained in subsection (g)(1)(A) of this section shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or an interested State agency.
(B) No person who has obtained a change of status under subparagraph (A) and who has failed to fulfill the terms of the contract with the health facility or health care organization named in the waiver application shall be eligible to apply for an immigrant visa, for permanent residence, or for any other change of nonimmigrant status, 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 2 years following departure from the United States.
(3) Notwithstanding any other provision of this subsection, the 2-year foreign residence requirement under section 1182 (e) of this title shall apply with respect to an alien described in clause (iii) of such section, who has not otherwise been accorded status under section 1101 (a)(27)(H) of this title, if
(A) at any time the alien ceases to comply with any agreement entered into under subparagraph (C) or (D) of paragraph (1); or
(B) the aliens employment ceases to benefit the public interest at any time during the 3-year period described in paragraph (1)(C).
(m) Nonimmigrant elementary and secondary school students 

(1) An alien may not be accorded status as a nonimmigrant under clause (i) or (iii) of section 1101 (a)(15)(F) of this title in order to pursue a course of study
(A) at a public elementary school or in a publicly funded adult education program; or
(B) at a public secondary school unless
(i) the aggregate period of such status at such a school does not exceed 12 months with respect to any alien, and
(ii)  the alien demonstrates that the alien has reimbursed the local educational agency that administers the school for the full, unsubsidized per capita cost of providing education at such school for the period of the aliens attendance.
(2) An alien who obtains the status of a nonimmigrant under clause (i) or (iii) of section 1101 (a)(15)(F) of this title in order to pursue a course of study at a private elementary or secondary school or in a language training program that is not publicly funded shall be considered to have violated such status, and the aliens visa under section 1101 (a)(15)(F) of this title shall be void, if the alien terminates or abandons such course of study at such a school and undertakes a course of study at a public elementary school, in a publicly funded adult education program, in a publicly funded adult education language training program, or at a public secondary school (unless the requirements of paragraph (1)(B) are met).
(n) Increased portability of H–1B status 

(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 1101 (a)(15)(H)(i)(b) of this title is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a) of this section. Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.
(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien
(A) who has been lawfully admitted into the United States;
(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and
(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.
(o) Nonimmigrants guilty of trafficking in persons 

(1) No alien shall be eligible for admission to the United States under section 1101 (a)(15)(T) of this title if there is substantial reason to believe that the alien has committed an act of a severe form of trafficking in persons (as defined in section 7102 of title 22).
(2) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under section 1101 (a)(15)(T) of this title may not exceed 5,000.
(3) The numerical limitation of paragraph (2) shall only apply to principal aliens and not to the spouses, sons, daughters, siblings, or parents of such aliens.
(4) An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 1101 (a)(15)(T)(i) of this title, and who was under 21 years of age on the date on which such parent applied for such status, shall continue to be classified as a child for purposes of section 1101 (a)(15)(T)(ii) of this title, if the alien attains 21 years of age after such parents application was filed but while it was pending.
(5) An alien described in clause (i) of section 1101 (a)(15)(T) of this title shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the aliens application for status under such clause (i) is filed but while it is pending.
(6) In making a determination under section 1101 (a)(15)(T)(i)(III)(aa) with respect to an alien, statements from State and local law enforcement officials that the alien has complied with any reasonable request for assistance in the investigation or prosecution of crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking in persons (as defined in section 7102 of title 22) appear to have been involved, shall be considered.
(7) 
(A) Except as provided in subparagraph (B), an alien who is issued a visa or otherwise provided nonimmigrant status under section 1101 (a)(15)(T) of this title may be granted such status for a period of not more than 4 years.
(B) An alien who is issued a visa or otherwise provided nonimmigrant status under section 1101 (a)(15)(T) of this title may extend the period of such status beyond the period described in subparagraph (A) if
(i) a Federal, State, or local law enforcement official, prosecutor, judge, or other authority investigating or prosecuting activity relating to human trafficking or certifies that the presence of the alien in the United States is necessary to assist in the investigation or prosecution of such activity;
(ii) the alien is eligible for relief under section 1255 (l) of this title and is unable to obtain such relief because regulations have not been issued to implement such section; or
(iii) the Secretary of Homeland Security determines that an extension of the period of such nonimmigrant status is warranted due to exceptional circumstances.
(C) Nonimmigrant status under section 1101 (a)(15)(T) of this title shall be extended during the pendency of an application for adjustment of status under section 1255 (l) of this title.
(p) Requirements applicable to section 1101 (a)(15)(U) visas 

(1) Petitioning procedures for section 1101 (a)(15)(U) visas 
The petition filed by an alien under section 1101 (a)(15)(U)(i) of this title shall contain a certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section 1101 (a)(15)(U)(iii) of this title. This certification may also be provided by an official of the Service whose ability to provide such certification is not limited to information concerning immigration violations. This certification shall state that the alien has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of criminal activity described in section 1101 (a)(15)(U)(iii) of this title.
(2) Numerical limitations 

(A) The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 1101 (a)(15)(U) of this title in any fiscal year shall not exceed 10,000.
(B) The numerical limitations in subparagraph (A) shall only apply to principal aliens described in section 1101 (a)(15)(U)(i) of this title, and not to spouses, children, or, in the case of alien children, the alien parents of such children.
(3) Duties of the Attorney General with respect to “U” visa nonimmigrants 
With respect to nonimmigrant aliens described in subsection (a)(15)(U) of section 1101 of this title
(A) the Attorney General and other government officials, where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the aliens regarding their options while in the United States and the resources available to them; and
(B) the Attorney General shall, during the period those aliens are in lawful temporary resident status under that subsection, provide the aliens with employment authorization.
(4) Credible evidence considered 
In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition.
(5) Nonexclusive relief 
Nothing in this subsection limits the ability of aliens who qualify for status under section 1101 (a)(15)(U) of this title to seek any other immigration benefit or status for which the alien may be eligible.
(6) Duration of status 
The authorized period of status of an alien as a nonimmigrant under section 1101 (a)(15)(U) of this title shall be for a period of not more than 4 years, but shall be extended upon certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating or prosecuting criminal activity described in section 1101 (a)(15)(U)(iii) of this title that the aliens presence in the United States is required to assist in the investigation or prosecution of such criminal activity. The Secretary of Homeland Security may extend, beyond the 4-year period authorized under this section, the authorized period of status of an alien as a nonimmigrant under section 1101 (a)(15)(U) of this title if the Secretary determines that an extension of such period is warranted due to exceptional circumstances. Such aliens nonimmigrant status shall be extended beyond the 4-year period authorized under this section if the alien is eligible for relief under section 1255 (m) of this title and is unable to obtain such relief because regulations have not been issued to implement such section and shall be extended during the pendency of an application for adjustment of status under section 1255 (m) of this title. The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under section 1101 (a)(15)(U) of this title.
(q) Employment of nonimmigrants described in section 1101 (a)(15)(V) 

(1) In the case of a nonimmigrant described in section 1101 (a)(15)(V) of this title
(A) the Attorney General shall authorize the alien to engage in employment in the United States during the period of authorized admission and shall provide the alien with an employment authorized endorsement or other appropriate document signifying authorization of employment; and
(B) the period of authorized admission as such a nonimmigrant shall terminate 30 days after the date on which any of the following is denied:
(i) The petition filed under section 1154 of this title to accord the alien a status under section 1153 (a)(2)(A) of this title (or, in the case of a child granted nonimmigrant status based on eligibility to receive a visa under section 1153 (d) of this title, the petition filed to accord the childs parent a status under section 1153 (a)(2)(A) of this title).
(ii) The aliens application for an immigrant visa pursuant to the approval of such petition.
(iii) The aliens application for adjustment of status under section 1255 of this title pursuant to the approval of such petition.
(2) In determining whether an alien is eligible to be admitted to the United States as a nonimmigrant under section 1101 (a)(15)(V) of this title, the grounds for inadmissibility specified in section 1182 (a)(9)(B) of this title shall not apply.
(3) The status of an alien physically present in the United States may be adjusted by the Attorney General, in the discretion of the Attorney General and under such regulations as the Attorney General may prescribe, to that of a nonimmigrant under section 1101 (a)(15)(V) of this title, if the alien
(A) applies for such adjustment;
(B) satisfies the requirements of such section; and
(C) is eligible to be admitted to the United States, except in determining such admissibility, the grounds for inadmissibility specified in paragraphs (6)(A), (7), and (9)(B) of section 1182 (a) of this title shall not apply.
(r) Visas of nonimmigrants described in section 1101 (a)(15)(K)(ii) 

(1) A visa shall not be issued under the provisions of section 1101 (a)(15)(K)(ii) of this title until the consular officer has received a petition filed in the United States by the spouse of the applying alien and approved by the Attorney General. The petition shall be in such form and contain such information as the Attorney General shall, by regulation, prescribe. Such information shall include information on any criminal convictions of the petitioner for any specified crime.
(2) In the case of an alien seeking admission under section 1101 (a)(15)(K)(ii) of this title who concluded a marriage with a citizen of the United States outside the United States, the alien shall be considered inadmissible under section 1182 (a)(7)(B) of this title if the alien is not at the time of application for admission in possession of a valid nonimmigrant visa issued by a consular officer in the foreign state in which the marriage was concluded.
(3) In the case of a nonimmigrant described in section 1101 (a)(15)(K)(ii) of this title, and any child of such a nonimmigrant who was admitted as accompanying, or following to join, such a nonimmigrant, the period of authorized admission shall terminate 30 days after the date on which any of the following is denied:
(A) The petition filed under section 1154 of this title to accord the principal alien status under section 1151 (b)(2)(A)(i) of this title.
(B) The principal aliens application for an immigrant visa pursuant to the approval of such petition.
(C) The principal aliens application for adjustment of status under section 1255 of this title pursuant to the approval of such petition.
(4) 
(A) The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for fiance(e)s and spouses under clauses (i) and (ii) of section 1101 (a)(15)(K) of this title. Upon approval of a second visa petition under section 1101 (a)(15)(K) of this title for a fiance(e) or spouse filed by the same United States citizen petitioner, the petitioner shall be notified by the Secretary that information concerning the petitioner has been entered into the multiple visa petition tracking database. All subsequent fiance(e) or spouse nonimmigrant visa petitions filed by that petitioner under such section shall be entered in the database.
(B) 
(i) Once a petitioner has had two fiance(e) or spousal petitions approved under clause (i) or (ii) of section 1101 (a)(15)(K) of this title, if a subsequent petition is filed under such section less than 10 years after the date the first visa petition was filed under such section, the Secretary of Homeland Security shall notify both the petitioner and beneficiary of any such subsequent petition about the number of previously approved fiance(e) or spousal petitions listed in the database.
(ii) A copy of the information and resources pamphlet on domestic violence developed under section 1375a (a) of this title shall be mailed to the beneficiary along with the notification required in clause (i).
(5) In this subsection:
(A) The terms domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005.[3]
(B) The term specified crime means the following:
(i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
(ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause.
(iii) At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.
[1] So in original. The word “before” probably should not appear.
[2] See References in Text note below.
[3] See References in Text note below.

8 USC 1184a - Philippine Traders as nonimmigrants

Upon a basis of reciprocity secured by agreement entered into by the President of the United States and the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (66 Stat. 163), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of said Act if entering solely for the purposes specified in subsection (i) or (ii) of said section.

8 USC 1185 - Travel control of citizens and aliens

(a) Restrictions and prohibitions 
Unless otherwise ordered by the President, it shall be unlawful
(1) 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;
(2) for any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section;
(3) for any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;
(4) for any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other persons use;
(5) for any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;
(6) for any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;
(7) for any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid.
(b) Citizens 
Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.
(c) Definitions 
The term United States as used in this section includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The term person as used in this section shall be deemed to mean any individual, partnership, association, company, or other incorporated body of individuals, or corporation, or body politic.
(d) Nonadmission of certain aliens 
Nothing in this section shall be construed to entitle an alien to whom a permit to enter the United States has been issued to enter the United States, if, upon arrival in the United States, he is found to be inadmissible under any of the provisions of this chapter, or any other law, relative to the entry of aliens into the United States.
(e) Revocation of proclamation as affecting penalties 
The revocation of any rule, regulation, or order issued in pursuance of this section shall not prevent prosecution for any offense committed, or the imposition of any penalties or forfeitures, liability for which was incurred under this section prior to the revocation of such rule, regulation, or order.
(f) Permits to enter 
Passports, visas, reentry permits, and other documents required for entry under this chapter may be considered as permits to enter for the purposes of this section.

8 USC 1186 - Transferred

8 USC 1186a - Conditional permanent resident status for certain alien spouses and sons and daughters

(a) In general 

(1) Conditional basis for status 
Notwithstanding any other provision of this chapter, an alien spouse (as defined in subsection (g)(1) of this section) and an alien son or daughter (as defined in subsection (g)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
(2) Notice of requirements 

(A) At time of obtaining permanent residence 
At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed.
(B) At time of required petition 
In addition, the Attorney General shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsections[1] (c)(1) of this section.
(C) Effect of failure to provide notice 
The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter.
(b) Termination of status if finding that qualifying marriage improper 

(1) In general 
In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if the Attorney General determines, before the second anniversary of the aliens obtaining the status of lawful admission for permanent residence, that
(A) the qualifying marriage
(i) was entered into for the purpose of procuring an aliens admission as an immigrant, or
(ii) has been judicially annulled or terminated, other than through the death of a spouse; or
(B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154 (a) of this title or subsection (d) or (p) of section 1184 of this title with respect to the alien;

the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination.

(2) Hearing in removal proceeding 
Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.
(c) Requirements of timely petition and interview for removal of condition 

(1) In general 
In order for the conditional basis established under subsection (a) of this section for an alien spouse or an alien son or daughter to be removed
(A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Attorney General, during the period described in subsection (d)(2) of this section, a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1) of this section, and
(B) in accordance with subsection (d)(3) of this section, the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1) of this section.
(2) Termination of permanent resident status for failure to file petition or have personal interview 

(A) In general 
In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if
(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or
(ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B),

the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the aliens lawful admission for permanent residence.

(B) Hearing in removal proceeding 
In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
(3) Determination after petition and interview 

(A) In general 
If
(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and
(ii) the alien spouse and petitioning spouse appear at the interview described in paragraph (1)(B),

the Attorney General shall make a determination, within 90 days of the date of the interview, as to whether the facts and information described in subsection (d)(1) of this section and alleged in the petition are true with respect to the qualifying marriage.

(B) Removal of conditional basis if favorable determination 
If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the aliens obtaining the status of lawful admission for permanent residence.
(C) Termination if adverse determination 
If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the parties involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien spouse or an alien son or daughter as of the date of the determination.
(D) Hearing in removal proceeding 
Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying marriage.
(4) Hardship waiver 
The Attorney General, in the Attorney Generals discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that
(A) extreme hardship would result if such alien is removed,
(B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien was not at fault in failing to meet the requirements of paragraph (1), or
(C) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1).

In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.

(d) Details of petition and interview 

(1) Contents of petition 
Each petition under subsection (c)(1)(A) of this section shall contain the following facts and information:
(A) Statement of proper marriage and petitioning process 
The facts are that
(i) the qualifying marriage
(I) was entered into in accordance with the laws of the place where the marriage took place,
(II) has not been judicially annulled or terminated, other than through the death of a spouse, and
(III) was not entered into for the purpose of procuring an aliens admission as an immigrant; and
(ii) no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154 (a) of this title or subsection (d) or (p) 2 of section 1184 of this title with respect to the alien spouse or alien son or daughter.
(B) Statement of additional information 
The information is a statement of
(i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a) of this section, and
(ii) the place of employment (if any) of each such party since such date, and the name of the employer of such party.
(2) Period for filing petition 

(A) 90-day period before second anniversary 
Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second anniversary of the aliens obtaining the status of lawful admission for permanent residence.
(B) Date petitions for good cause 
Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
(C) Filing of petitions during removal 
In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).
(3) Personal interview 
The interview under subsection (c)(1)(B) of this section shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) of this section and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney Generals discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
(e) Treatment of period for purposes of naturalization 
For purposes of subchapter III of this chapter, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.
(f) Treatment of certain waivers 
In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver under subsection (h) or (i) of section 1182 of this title of certain grounds of inadmissibility, such waiver terminates upon the termination of such permanent residence status under this section.
(g) Definitions 
In this section:
(1) The term alien spouse means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)
(A) as an immediate relative (described in section 1151 (b) of this title) as the spouse of a citizen of the United States,
(B) under section 1184 (d) of this title as the fiancee or fiance of a citizen of the United States, or
(C) under section 1153 (a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence,

by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153 (d) of this title.

(2) The term alien son or daughter means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage.
(3) The term qualifying marriage means the marriage described to in paragraph (1).
(4) The term petitioning spouse means the spouse of a qualifying marriage, other than the alien.
[1] So in original. Probably should be “subsection”.
[2] See References in Text note below.

8 USC 1186b - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children

(a) In general 

(1) Conditional basis for status 
Notwithstanding any other provision of this chapter, an alien entrepreneur (as defined in subsection (f)(1) of this section), alien spouse, and alien child (as defined in subsection (f)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
(2) Notice of requirements 

(A) At time of obtaining permanent residence 
At the time an alien entrepreneur, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such an entrepreneur, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed.
(B) At time of required petition 
In addition, the Attorney General shall attempt to provide notice to such an entrepreneur, spouse, or child, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsection (c)(1) of this section.
(C) Effect of failure to provide notice 
The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an entrepreneur, spouse, or child.
(b) Termination of status if finding that qualifying entrepreneurship improper 

(1) In general 
In the case of an alien entrepreneur with permanent resident status on a conditional basis under subsection (a) of this section, if the Attorney General determines, before the second anniversary of the aliens obtaining the status of lawful admission for permanent residence, that
(A) the investment in the commercial enterprise was intended solely as a means of evading the immigration laws of the United States,
(B) 
(i) the alien did not invest, or was not actively in the process of investing, the requisite capital; or
(ii) the alien was not sustaining the actions described in clause (i) throughout the period of the aliens residence in the United States; or
(C) the alien was otherwise not conforming to the requirements of section 1153 (b)(5) of this title,

then the Attorney General shall so notify the alien involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.

(2) Hearing in removal proceeding 
Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.
(c) Requirements of timely petition and interview for removal of condition 

(1) In general 
In order for the conditional basis established under subsection (a) of this section for an alien entrepreneur, alien spouse, or alien child to be removed
(A) the alien entrepreneur must submit to the Attorney General, during the period described in subsection (d)(2) of this section, a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1) of this section, and
(B) in accordance with subsection (d)(3) of this section, the alien entrepreneur must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1) of this section.
(2) Termination of permanent resident status for failure to file petition or have personal interview 

(A) In general 
In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if
(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or
(ii) unless there is good cause shown, the alien entrepreneur fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(3) of this section),

the Attorney General shall terminate the permanent resident status of the alien (and the aliens spouse and children if it was obtained on a conditional basis under this section or section 1186a of this title) as of the second anniversary of the aliens lawful admission for permanent residence.

(B) Hearing in removal proceeding 
In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
(3) Determination after petition and interview 

(A) In general 
If
(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and
(ii) the alien entrepreneur appears at any interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90 days of the date of the such filing[1] or interview (whichever is later), as to whether the facts and information described in subsection (d)(1) of this section and alleged in the petition are true with respect to the qualifying commercial enterprise.
(B) Removal of conditional basis if favorable determination 
If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the aliens status effective as of the second anniversary of the aliens lawful admission for permanent residence.
(C) Termination if adverse determination 
If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of the determination.
(D) Hearing in removal proceeding 
Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying commercial enterprise.
(d) Details of petition and interview 

(1) Contents of petition 
Each petition under subsection (c)(1)(A) of this section shall contain facts and information demonstrating that the alien
(A) 
(i) invested, or is actively in the process of investing, the requisite capital; and
(ii) sustained the actions described in clause (i) throughout the period of the aliens residence in the United States; and
(B) is otherwise conforming to the requirements of section 1153 (b)(5) of this title.
(2) Period for filing petition 

(A) 90-day period before second anniversary 
Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second anniversary of the aliens lawful admission for permanent residence.
(B) Date petitions for good cause 
Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
(C) Filing of petitions during removal 
In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).
(3) Personal interview 
The interview under subsection (c)(1)(B) of this section shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) of this section and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney Generals discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
(e) Treatment of period for purposes of naturalization 
For purposes of subchapter III of this chapter, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.
(f) Definitions 
In this section:
(1) The term alien entrepreneur means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 1153 (b)(5) of this title.
(2) The term alien spouse and the term alien child mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien entrepreneur.
(3) The term commercial enterprise includes a limited partnership.
[1] So in original.

8 USC 1187 - Visa waiver program for certain visitors

(a) Establishment of program 
The Attorney General and the Secretary of State are authorized to establish a program (hereinafter in this section referred to as the program) under which the requirement of paragraph (7)(B)(i)(II) of section 1182 (a) of this title may be waived by the Attorney General, in consultation with the Secretary of State and in accordance with this section, in the case of an alien who meets the following requirements:
(1) Seeking entry as tourist for 90 days or less 
The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101 (a)(15)(B) of this title) for a period not exceeding 90 days.
(2) National of program country 
The alien is a national of, and presents a passport issued by, a country which
(A) extends (or agrees to extend), either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions, reciprocal privileges to citizens and nationals of the United States, and
(B) is designated as a pilot program country under subsection (c) of this section.
(3) Machine readable passport 

(A) In general 
Except as provided in subparagraph (B), on or after October 1, 2003, the alien at the time of application for admission is in possession of a valid unexpired machine-readable passport that satisfies the internationally accepted standard for machine readability.
(B) Limited waiver authority 
For the period beginning October 1, 2003, and ending September 30, 2007, the Secretary of State may waive the requirement of subparagraph (A) with respect to nationals of a program country (as designated under subsection (c) of this section), if the Secretary of State finds that the program country
(i) is making progress toward ensuring that passports meeting the requirement of subparagraph (A) are generally available to its nationals; and
(ii) has taken appropriate measures to protect against misuse of passports the country has issued that do not meet the requirement of subparagraph (A).
(4) Executes immigration forms 
The alien before the time of such admission completes such immigration form as the Attorney General shall establish.
(5) Entry into the United States 
If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations[1] which has entered into an agreement with the Attorney General pursuant to subsection (e) of this section. The Attorney General is authorized to require a carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such conditions as the Attorney General may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such an agreement.
(6) Not a safety threat 
The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States.
(7) No previous violation 
If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant.
(8) Round-trip ticket 
The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Attorney General under regulations or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations).
(9) Automated system check 
The identity of the alien has been checked using an automated electronic database containing information about the inadmissibility of aliens to uncover any grounds on which the alien may be inadmissible to the United States, and no such ground has been found.
(10) Electronic transmission of identification information 
Operators of aircraft under part 135 of title 14, Code of Federal Regulations, or operators of noncommercial aircraft that are owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, carrying any alien passenger who will apply for admission under this section shall furnish such information as the Attorney General by regulation shall prescribe as necessary for the identification of any alien passenger being transported and for the enforcement of the immigration laws. Such information shall be electronically transmitted not less than one hour prior to arrival at the port of entry for purposes of checking for inadmissibility using the automated electronic database.
(11) Eligibility determination under the electronic travel authorization system 
Beginning on the date on which the electronic travel authorization system developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission to the United States, electronically provide to the system biographical information and such other information as the Secretary of Homeland Security shall determine necessary to determine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program.
(b) Waiver of rights 
An alien may not be provided a waiver under the program unless the alien has waived any right
(1) to review or appeal under this chapter of an immigration officers determination as to the admissibility of the alien at the port of entry into the United States, or
(2) to contest, other than on the basis of an application for asylum, any action for removal of the alien.
(c) Designation of program countries 

(1) In general 
The Attorney General, in consultation with the Secretary of State, may designate any country as a program country if it meets the requirements of paragraph (2).
(2) Qualifications 
Except as provided in subsection (f) of this section, a country may not be designated as a program country unless the following requirements are met:
(A) Low nonimmigrant visa refusal rate 
Either
(i) the average number of refusals of nonimmigrant visitor visas for nationals of that country during
(I) the two previous full fiscal years was less than 2.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years; and
(II) either of such two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year; or
(ii) such refusal rate for nationals of that country during the previous full fiscal year was less than 3.0 percent.
(B) Machine readable passport program 

(i) In general Subject to clause (ii), the government of the country certifies that it issues to its citizens machine-readable passports that satisfy the internationally accepted standard for machine readability.
(ii) Deadline for compliance for certain countries In the case of a country designated as a program country under this subsection prior to May 1, 2000, as a condition on the continuation of that designation, the country
(I) shall certify, not later than October 1, 2000, that it has a program to issue machine-readable passports to its citizens not later than October 1, 2003; and
(II) shall satisfy the requirement of clause (i) not later than October 1, 2003.
(C) Law enforcement and security interests 
The Attorney General, in consultation with the Secretary of State
(i) evaluates the effect that the countrys designation would have on the law enforcement and security interests of the United States (including the interest in enforcement of the immigration laws of the United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law);
(ii) determines that such interests would not be compromised by the designation of the country; and
(iii) submits a written report to the Committee on the Judiciary and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate regarding the countrys qualification for designation that includes an explanation of such determination.
(D) Reporting lost and stolen passports 
The government of the country enters into an agreement with the United States to report, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports within a strict time limit and in a manner specified in the agreement.
(E) Repatriation of aliens 
The government of the country accepts for repatriation any citizen, former citizen, or national of the country against whom a final executable order of removal is issued not later than three weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien.
(F) Passenger information exchange 
The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens.
(3) Continuing and subsequent qualifications 
For each fiscal year after the initial period
(A) Continuing qualification 
In the case of a country which was a program country in the previous fiscal year, a country may not be designated as a program country unless the sum of
(i) the total of the number of nationals of that country who were denied admission at the time of arrival or withdrew their application for admission during such previous fiscal year as a nonimmigrant visitor, and
(ii) the total number of nationals of that country who were admitted as nonimmigrant visitors during such previous fiscal year and who violated the terms of such admission,

was less than 2 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such previous fiscal year.

(B) New countries 
In the case of another country, the country may not be designated as a program country unless the following requirements are met:
(i) Low nonimmigrant visa refusal rate in previous 2-year period The average number of refusals of nonimmigrant visitor visas for nationals of that country during the two previous full fiscal years was less than 2 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years.
(ii) Low nonimmigrant visa refusal rate in each of the 2 previous years The average number of refusals of nonimmigrant visitor visas for nationals of that country during either of such two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year.
(4) Initial period 
For purposes of paragraphs (2) and (3), the term initial period means the period beginning at the end of the 30-day period described in subsection (b)(1) of this section and ending on the last day of the first fiscal year which begins after such 30-day period.
(5) Written reports on continuing qualification; designation terminations 

(A) Periodic evaluations 

(i) In general The Secretary of Homeland Security, in consultation with the Secretary of State, periodically (but not less than once every 2 years)
(I) shall evaluate the effect of each program countrys continued designation on the law enforcement and security interests of the United States (including the interest in enforcement of the immigration laws of the United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law);
(II) shall determine, based upon the evaluation in subclause (I), whether any such designation ought to be continued or terminated under subsection (d) of this section;
(III) shall submit a written report to the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security, of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the continuation or termination of the countrys designation that includes an explanation of such determination and the effects described in subclause (I); and
(IV) shall submit to Congress a report regarding the implementation of the electronic travel authorization system under subsection (h)(3) and the participation of new countries in the program through a waiver under paragraph (8).
(ii) Effective date A termination of the designation of a country under this subparagraph shall take effect on the date determined by the Secretary of Homeland Security, in consultation with the Secretary of State.
(iii) Redesignation In the case of a termination under this subparagraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to subsection (f) of this section or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that all causes of the termination have been eliminated.
(B) Emergency termination 

(i) In general In the case of a program country in which an emergency occurs that the Secretary of Homeland Security, in consultation with the Secretary of State, determines threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States), the Secretary of Homeland Security shall immediately terminate the designation of the country as a program country.
(ii) Definition For purposes of clause (i), the term emergency means
(I) the overthrow of a democratically elected government;
(II) war (including undeclared war, civil war, or other military activity) on the territory of the program country;
(III) a severe breakdown in law and order affecting a significant portion of the program countrys territory;
(IV) a severe economic collapse in the program country; or
(V) any other extraordinary event in the program country that threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States) and where the countrys participation in the program could contribute to that threat.
(iii) Redesignation The Secretary of Homeland Security may redesignate the country as a program country, without regard to subsection (f) of this section or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that
(I) at least 6 months have elapsed since the effective date of the termination;
(II) the emergency that caused the termination has ended; and
(III) the average number of refusals of nonimmigrant visitor visas for nationals of that country during the period of termination under this subparagraph was less than 3.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during such period.
(iv) Program suspension authority The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State
(I) may suspend a country from the visa waiver program without prior notice;
(II) shall notify any country suspended under subclause (I) and, to the extent practicable without disclosing sensitive intelligence sources and methods, provide justification for the suspension; and
(III) shall restore the suspended countrys participation in the visa waiver program upon a determination that the threat no longer poses an imminent danger to the United States or its citizens.
(C) Treatment of nationals after termination 
For purposes of this paragraph
(i) nationals of a country whose designation is terminated under subparagraph (A) or (B) shall remain eligible for a waiver under subsection (a) of this section until the effective date of such termination; and
(ii) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) of this section shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination.
(6) Computation of visa refusal rates 
For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. No court shall have jurisdiction under this paragraph to review any visa refusal, the denial of admission to the United States of any alien by the Attorney General, the Secretarys computation of the visa refusal rate, or the designation or nondesignation of any country.
(7) Visa waiver information 

(A) In general 
In refusing the application of nationals of a program country for United States visas, or the applications of nationals of a country seeking entry into the visa waiver program, a consular officer shall not knowingly or intentionally classify the refusal of the visa under a category that is not included in the calculation of the visa refusal rate only so that the percentage of that countrys visa refusals is less than the percentage limitation applicable to qualification for participation in the visa waiver program.
(B) Reporting requirement 
On May 1 of each year, for each country under consideration for inclusion in the visa waiver program, the Secretary of State shall provide to the appropriate congressional committees
(i) the total number of nationals of that country that applied for United States visas in that country during the previous calendar year;
(ii) the total number of such nationals who received United States visas during the previous calendar year;
(iii) the total number of such nationals who were refused United States visas during the previous calendar year;
(iv) the total number of such nationals who were refused United States visas during the previous calendar year under each provision of this chapter under which the visas were refused; and
(v) the number of such nationals that were refused under section 1184 (b) of this title as a percentage of the visas that were issued to such nationals.
(C) Certification 
Not later than May 1 of each year, the United States chief of mission, acting or permanent, to each country under consideration for inclusion in the visa waiver program shall certify to the appropriate congressional committees that the information described in subparagraph (B) is accurate and provide a copy of that certification to those committees.
(D) Consideration of countries in the visa waiver program 
Upon notification to the Attorney General that a country is under consideration for inclusion in the visa waiver program, the Secretary of State shall provide all of the information described in subparagraph (B) to the Attorney General.
(E) Definition 
In this paragraph, the term appropriate congressional committees means the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on International Relations of the House of Representatives.
(8) Nonimmigrant visa refusal rate flexibility 

(A) Certification 

(i) In general On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States and the electronic travel authorization system required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Congress that such air exit system and electronic travel authorization system are in place.
(ii) Notification to Congress The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in subsection (i).
(iii) Temporary suspension of waiver authority Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, the Secretarys waiver authority under subparagraph (B) shall be suspended beginning on July 1, 2009, until such time as the Secretary makes such notification.
(iv) Rule of construction Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection (i)(3).
(B) Waiver 
After certification by the Secretary under subparagraph (A), the Secretary, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if
(i) the country meets all security requirements of this section;
(ii) the Secretary of Homeland Security determines that the totality of the countrys security risk mitigation measures provide assurance that the countrys participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States;
(iii) there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals of the country and conditions exist to continue such reduction;
(iv) the country cooperated with the Government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will continue; and
(v) 
(I) the rate of refusals for nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was not more than ten percent; or
(II) the visa overstay rate for the country for the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established under subparagraph (C).
(C) Maximum visa overstay rate 

(i) Requirement to establish After certification by the Secretary under subparagraph (A), the Secretary and the Secretary of State jointly shall use information from the air exit system referred to in such subparagraph to establish a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B). The Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States.
(ii) Visa overstay rate defined In this paragraph the term visa overstay rate means, with respect to a country, the ratio of
(I) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to
(II) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa during that fiscal year.
(iii) Report and publication The Secretary of Homeland Security shall on the same date submit to Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after such date, the Secretary shall issue a final maximum visa overstay rate above which a country may not participate in the program.
(9) Discretionary security-related considerations 
In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, shall take into consideration other factors affecting the security of the United States, including
(A) airport security standards in the country;
(B) whether the country assists in the operation of an effective air marshal program;
(C) the standards of passports and travel documents issued by the country; and
(D) other security-related factors, including the countrys cooperation with the United States initiatives toward combating terrorism and the countrys cooperation with the United States intelligence community in sharing information regarding terrorist threats.
(10) Technical assistance 
The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section. The Secretary of Homeland Security shall ensure that the program office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program with all the requirements of the program.
(11) Independent review 

(A) In general 
Prior to the admission of a new country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall conduct an independent intelligence assessment of a nominated country and member of the program.
(B) Reporting requirement 
The Director shall provide to the Secretary of Homeland Security, the Secretary of State, and the Attorney General the independent intelligence assessment required under subparagraph (A).
(C) Contents 
The independent intelligence assessment conducted by the Director shall include
(i) a review of all current, credible terrorist threats of the subject country;
(ii) an evaluation of the subject countrys counterterrorism efforts;
(iii) an evaluation as to the extent of the countrys sharing of information beneficial to suppressing terrorist movements, financing, or actions;
(iv) an assessment of the risks associated with including the subject country in the program; and
(v) recommendations to mitigate the risks identified in clause (iv).
(d) Authority 
Notwithstanding any other provision of this section, the Secretary of Homeland Security, in consultation with the Secretary of State, may for any reason (including national security) refrain from waiving the visa requirement in respect to nationals of any country which may otherwise qualify for designation or may, at any time, rescind any waiver or designation previously granted under this section. The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.
(e) Carrier agreements 

(1) In general 
The agreement referred to in subsection (a)(4) of this section is an agreement between a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title and the Attorney General under which the carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title agrees, in consideration of the waiver of the visa requirement with respect to a nonimmigrant visitor under the program
(A) to indemnify the United States against any costs for the transportation of the alien from the United States if the visitor is refused admission to the United States or remains in the United States unlawfully after the 90-day period described in subsection (a)(1)(A) of this section,
(B) to submit daily to immigration officers any immigration forms received with respect to nonimmigrant visitors provided a waiver under the program,
(C) to be subject to the imposition of fines resulting from the transporting into the United States of a national of a designated country without a passport pursuant to regulations promulgated by the Attorney General, and
(D) to collect, provide, and share passenger data as required under subsection (h)(1)(B) of this section.
(2) Termination of agreements 
The Attorney General may terminate an agreement under paragraph (1) with five days notice to the carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title for the failure by a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title to meet the terms of such agreement.
(3) Business aircraft requirements 

(A) In general 
For purposes of this section, a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations[2] that owns or operates a noncommercial aircraft is a corporation that is organized under the laws of any of the States of the United States or the District of Columbia and is accredited by or a member of a national organization that sets business aviation standards. The Attorney General shall prescribe by regulation the provision of such information as the Attorney General deems necessary to identify the domestic corporation, its officers, employees, shareholders, its place of business, and its business activities.
(B) Collections 
In addition to any other fee authorized by law, the Attorney General is authorized to charge and collect, on a periodic basis, an amount from each domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, for nonimmigrant visa waiver admissions on noncommercial aircraft owned or operated by such domestic corporation equal to the total amount of fees assessed for issuance of nonimmigrant visa waiver arrival/departure forms at land border ports of entry. All fees collected under this paragraph shall be deposited into the Immigration User Fee Account established under section 1356 (h) of this title.
(f) Duration and termination of designation 

(1) In general 

(A) Determination and notification of disqualification rate 
Upon determination by the Attorney General that a program countrys disqualification rate is 2 percent or more, the Attorney General shall notify the Secretary of State.
(B) Probationary status 
If the program countrys disqualification rate is greater than 2 percent but less than 3.5 percent, the Attorney General shall place the program country in probationary status for a period not to exceed 2 full fiscal years following the year in which the determination under subparagraph (A) is made.
(C) Termination of designation 
Subject to paragraph (3), if the program countrys disqualification rate is 3.5 percent or more, the Attorney General shall terminate the countrys designation as a program country effective at the beginning of the second fiscal year following the fiscal year in which the determination under subparagraph (A) is made.
(2) Termination of probationary status 

(A) In general 
If the Attorney General determines at the end of the probationary period described in paragraph (1)(B) that the program country placed in probationary status under such paragraph has failed to develop a machine-readable passport program as required by section[3] (c)(2)(C) of this section, or has a disqualification rate of 2 percent or more, the Attorney General shall terminate the designation of the country as a program country. If the Attorney General determines that the program country has developed a machine-readable passport program and has a disqualification rate of less than 2 percent, the Attorney General shall redesignate the country as a program country.
(B) Effective date 
A termination of the designation of a country under subparagraph (A) shall take effect on the first day of the first fiscal year following the fiscal year in which the determination under such subparagraph is made. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a) of this section.
(3) Nonapplicability of certain provisions 
Paragraph (1)(C) shall not apply unless the total number of nationals of a program country described in paragraph (4)(A) exceeds 100.
(4) “Disqualification rate” defined 
For purposes of this subsection, the term disqualification rate means the percentage which
(A) the total number of nationals of the program country who were
(i) denied admission at the time of arrival or withdrew their application for admission during the most recent fiscal year for which data are available; and
(ii) admitted as nonimmigrant visitors during such fiscal year and who violated the terms of such admission; bears to
(B) the total number of nationals of such country who applied for admission as nonimmigrant visitors during such fiscal year.
(5) Failure to report passport thefts 
If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not reporting the theft or loss of passports, as required by subsection (c)(2)(D) of this section, the Secretary of Homeland Security shall terminate the designation of the country as a program country.
(g) Visa application sole method to dispute denial of waiver based on a ground of inadmissibility 
In the case of an alien denied a waiver under the program by reason of a ground of inadmissibility described in section 1182 (a) of this title that is discovered at the time of the aliens application for the waiver or through the use of an automated electronic database required under subsection (a)(9) of this section, the alien may apply for a visa at an appropriate consular office outside the United States. There shall be no other means of administrative or judicial review of such a denial, and no court or person otherwise shall have jurisdiction to consider any claim attacking the validity of such a denial.
(h) Use of information technology systems 

(1) Automated entry-exit control system 

(A) System 
Not later than October 1, 2001, the Attorney General shall develop and implement a fully automated entry and exit control system that will collect a record of arrival and departure for every alien who arrives and departs by sea or air at a port of entry into the United States and is provided a waiver under the program.
(B) Requirements 
The system under subparagraph (A) shall satisfy the following requirements:
(i) Data collection by carriers Not later than October 1, 2001, the records of arrival and departure described in subparagraph (A) shall be based, to the maximum extent practicable, on passenger data collected and electronically transmitted to the automated entry and exit control system by each carrier that has an agreement under subsection (a)(4) of this section.
(ii) Data provision by carriers Not later than October 1, 2002, no waiver may be provided under this section to an alien arriving by sea or air at a port of entry into the United States on a carrier unless the carrier is electronically transmitting to the automated entry and exit control system passenger data determined by the Attorney General to be sufficient to permit the Attorney General to carry out this paragraph.
(iii) Calculation The system shall contain sufficient data to permit the Attorney General to calculate, for each program country and each fiscal year, the portion of nationals of that country who are described in subparagraph (A) and for whom no record of departure exists, expressed as a percentage of the total number of such nationals who are so described.
(C) Reporting 

(i) Percentage of nationals lacking departure record As part of the annual report required to be submitted under section 1365a (e)(1) of this title, the Attorney General shall include a section containing the calculation described in subparagraph (B)(iii) for each program country for the previous fiscal year, together with an analysis of that information.
(ii) System effectiveness Not later than December 31, 2004, the Attorney General shall submit a written report to the Committee on the Judiciary of the United States House of Representatives and of the Senate containing the following:
(I) The conclusions of the Attorney General regarding the effectiveness of the automated entry and exit control system to be developed and implemented under this paragraph.
(II) The recommendations of the Attorney General regarding the use of the calculation described in subparagraph (B)(iii) as a basis for evaluating whether to terminate or continue the designation of a country as a program country.

The report required by this clause may be combined with the annual report required to be submitted on that date under section 1365a (e)(1) of this title.

(2) Automated data sharing system 

(A) System 
The Attorney General and the Secretary of State shall develop and implement an automated data sharing system that will permit them to share data in electronic form from their respective records systems regarding the admissibility of aliens who are nationals of a program country.
(B) Requirements 
The system under subparagraph (A) shall satisfy the following requirements:
(i) Supplying information to immigration officers conducting inspections at ports of entry Not later than October 1, 2002, the system shall enable immigration officers conducting inspections at ports of entry under section 1225 of this title to obtain from the system, with respect to aliens seeking a waiver under the program
(I) any photograph of the alien that may be contained in the records of the Department of State or the Service; and
(II) information on whether the alien has ever been determined to be ineligible to receive a visa or ineligible to be admitted to the United States.
(ii) Supplying photographs of inadmissible aliens The system shall permit the Attorney General electronically to obtain any photograph contained in the records of the Secretary of State pertaining to an alien who is a national of a program country and has been determined to be ineligible to receive a visa.
(iii) Maintaining records on applications for admission The system shall maintain, for a minimum of 10 years, information about each application for admission made by an alien seeking a waiver under the program, including the following:
(I) The name or Service identification number of each immigration officer conducting the inspection of the alien at the port of entry.
(II) Any information described in clause (i) that is obtained from the system by any such officer.
(III) The results of the application.
(3) Electronic travel authorization system 

(A) System 
The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a fully automated electronic travel authorization system (referred to in this paragraph as the System) to collect such biographical and other information as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility of, and whether there exists a law enforcement or security risk in permitting, the[4] alien to travel to the United States.
(B) Fees 
The Secretary of Homeland Security may charge a fee for the use of the System, which shall be
(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and
(ii) available to pay the costs incurred to administer the System.
(C) Validity 

(i) Period The Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed three years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke any such determination at any time and for any reason.
(ii) Limitation A determination by the Secretary of Homeland Security that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States.
(iii) Not a determination of visa eligibility A determination by the Secretary of Homeland Security that an alien who applied for authorization to travel to the United States through the System is not eligible to travel under the program is not a determination of eligibility for a visa to travel to the United States and shall not preclude the alien from applying for a visa.
(iv) Judicial review Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System.
(D) Report 
Not later than 60 days before publishing notice regarding the implementation of the System in the Federal Register, the Secretary of Homeland Security shall submit a report regarding the implementation of the system to
(i) the Committee on Homeland Security of the House of Representatives;
(ii) the Committee on the Judiciary of the House of Representatives;
(iii) the Committee on Foreign Affairs of the House of Representatives;
(iv) the Permanent Select Committee on Intelligence of the House of Representatives;
(v) the Committee on Appropriations of the House of Representatives;
(vi) the Committee on Homeland Security and Governmental Affairs of the Senate;
(vii) the Committee on the Judiciary of the Senate;
(viii) the Committee on Foreign Relations of the Senate;
(ix) the Select Committee on Intelligence of the Senate; and
(x) the Committee on Appropriations of the Senate.
(i) Exit system 

(1) In general 
Not later than one year after August 3, 2007, the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section.
(2) System requirements 
The system established under paragraph (1) shall
(A) match biometric information of the alien against relevant watch lists and immigration information; and
(B) compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such aliens have departed the United States.
(3) Report 
Not later than 180 days after August 3, 2007, the Secretary shall submit to Congress a report that describes
(A) the progress made in developing and deploying the exit system established under this subsection; and
(B) the procedures by which the Secretary shall improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay in the United States.
[1] So in original. Probably should be followed by a comma.
[2] So in original. Probably should be followed by a comma.
[3] So in original. Probably should be “subsection”.
[4] So in original. Probably should be “an”.

8 USC 1188 - Admission of temporary H2A workers

(a) Conditions for approval of H–2A petitions 

(1) A petition to import an alien as an H2A worker (as defined in subsection (i)(2) of this section) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that
(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition, and
(B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(2) The Secretary of Labor may require by regulation, as a condition of issuing the certification, the payment of a fee to recover the reasonable costs of processing applications for certification.
(b) Conditions for denial of labor certification 
The Secretary of Labor may not issue a certification under subsection (a) of this section with respect to an employer if the conditions described in that subsection are not met or if any of the following conditions are met:
(1) There is a strike or lockout in the course of a labor dispute which, under the regulations, precludes such certification.
(2) 
(A) The employer during the previous two-year period employed H2A workers and the Secretary of Labor has determined, after notice and opportunity for a hearing, that the employer at any time during that period substantially violated a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers.
(B) No employer may be denied certification under subparagraph (A) for more than three years for any violation described in such subparagraph.
(3) The employer has not provided the Secretary with satisfactory assurances that if the employment for which the certification is sought is not covered by State workers compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the workers employment which will provide benefits at least equal to those provided under the State workers compensation law for comparable employment.
(4) The Secretary determines that the employer has not made positive recruitment efforts within a multi-state region of traditional or expected labor supply where the Secretary finds that there are a significant number of qualified United States workers who, if recruited, would be willing to make themselves available for work at the time and place needed. Positive recruitment under this paragraph is in addition to, and shall be conducted within the same time period as, the circulation through the interstate employment service system of the employers job offer. The obligation to engage in positive recruitment under this paragraph shall terminate on the date the H2A workers depart for the employers place of employment.
(c) Special rules for consideration of applications 
The following rules shall apply in the case of the filing and consideration of an application for a labor certification under this section:
(1) Deadline for filing applications 
The Secretary of Labor may not require that the application be filed more than 45 days before the first date the employer requires the labor or services of the H2A worker.
(2) Notice within seven days of deficiencies 

(A) The employer shall be notified in writing within seven days of the date of filing if the application does not meet the standards (other than that described in subsection (a)(1)(A) of this section) for approval.
(B) If the application does not meet such standards, the notice shall include the reasons therefor and the Secretary shall provide an opportunity for the prompt resubmission of a modified application.
(3) Issuance of certification 

(A) The Secretary of Labor shall make, not later than 30 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1) of this section if
(i) the employer has complied with the criteria for certification (including criteria for the recruitment of eligible individuals as prescribed by the Secretary), and
(ii) the employer does not actually have, or has not been provided with referrals of, qualified eligible individuals who have indicated their availability to perform such labor or services on the terms and conditions of a job offer which meets the requirements of the Secretary.

In considering the question of whether a specific qualification is appropriate in a job offer, the Secretary shall apply the normal and accepted qualifications required by non-H2A-employers in the same or comparable occupations and crops.

(B) 
(i) For a period of 3 years subsequent to the effective date of this section, labor certifications shall remain effective only if, from the time the foreign worker departs for the employers place of employment, the employer will provide employment to any qualified United States worker who applies to the employer until 50 percent of the period of the work contract, under which the foreign worker who is in the job was hired, has elapsed. In addition, the employer will offer to provide benefits, wages and working conditions required pursuant to this section and regulations.
(ii) The requirement of clause (i) shall not apply to any employer who
(I) did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor, as defined in section 203 (u) of title 29,
(II) is not a member of an association which has petitioned for certification under this section for its members, and
(III) has not otherwise associated with other employers who are petitioning for temporary foreign workers under this section.
(iii) Six months before the end of the 3-year period described in clause (i), the Secretary of Labor shall consider the findings of the report mandated by section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986 as well as other relevant materials, including evidence of benefits to United States workers and costs to employers, addressing the advisability of continuing a policy which requires an employer, as a condition for certification under this section, to continue to accept qualified, eligible United States workers for employment after the date the H2A workers depart for work with the employer. The Secretarys review of such findings and materials shall lead to the issuance of findings in furtherance of the Congressional policy that aliens not be admitted under this section unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or service needed and that the employment of the aliens in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. In the absence of the enactment of Federal legislation prior to three months before the end of the 3-year period described in clause (i) which addresses the subject matter of this subparagraph, the Secretary shall immediately publish the findings required by this clause, and shall promulgate, on an interim or final basis, regulations based on his findings which shall be effective no later than three years from the effective date of this section.
(iv) In complying with clause (i) of this subparagraph, an association shall be allowed to refer or transfer workers among its members: Provided, That for purposes of this section an association acting as an agent for its members shall not be considered a joint employer merely because of such referral or transfer.
(v) United States workers referred or transferred pursuant to clause (iv) of this subparagraph shall not be treated disparately.
(vi) An employer shall not be liable for payments under section 655.202(b)(6) of title 20, Code of Federal Regulations (or any successor regulation) with respect to an H2A worker who is displaced due to compliance with the requirement of this subparagraph, if the Secretary of Labor certifies that the H2A worker was displaced because of the employers compliance with clause (i) of this subparagraph.
(vii) 
(I) No person or entity shall willfully and knowingly withhold domestic workers prior to the arrival of H2A workers in order to force the hiring of domestic workers under clause (i).
(II) Upon the receipt of a complaint by an employer that a violation of subclause (I) has occurred the Secretary shall immediately investigate. He shall within 36 hours of the receipt of the complaint issue findings concerning the alleged violation. Where the Secretary finds that a violation has occurred, he shall immediately suspend the application of clause (i) of this subparagraph with respect to that certification for that date of need.
(4) Housing 
Employers shall furnish housing in accordance with regulations. The employer shall be permitted at the employers option to provide housing meeting applicable Federal standards for temporary labor camps or to secure housing which meets the local standards for rental and/or public accommodations or other substantially similar class of habitation: Provided, That in the absence of applicable local standards, State standards for rental and/or public accommodations or other substantially similar class of habitation shall be met: Provided further, That in the absence of applicable local or State standards, Federal temporary labor camp standards shall apply: Provided further, That the Secretary of Labor shall issue regulations which address the specific requirements of housing for employees principally engaged in the range production of livestock: Provided further, That when it is the prevailing practice in the area and occupation of intended employment to provide family housing, family housing shall be provided to workers with families who request it: And provided further, That nothing in this paragraph shall require an employer to provide or secure housing for workers who are not entitled to it under the temporary labor certification regulations in effect on June 1, 1986. The determination as to whether the housing furnished by an employer for an H2A worker meets the requirements imposed by this paragraph must be made prior to the date specified in paragraph (3)(A) by which the Secretary of Labor is required to make a certification described in subsection (a)(1) of this section with respect to a petition for the importation of such worker.
(d) Roles of agricultural associations 

(1) Permitting filing by agricultural associations 
A petition to import an alien as a temporary agricultural worker, and an application for a labor certification with respect to such a worker, may be filed by an association of agricultural producers which use agricultural services.
(2) Treatment of associations acting as employers 
If an association is a joint or sole employer of temporary agricultural workers, the certifications granted under this section to the association may be used for the certified job opportunities of any of its producer members and such workers may be transferred among its producer members to perform agricultural services of a temporary or seasonal nature for which the certifications were granted.
(3) Treatment of violations 

(A) Member’s violation does not necessarily disqualify association or other members 
If an individual producer member of a joint employer association is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the member, the denial shall apply only to that member of the association unless the Secretary determines that the association or other member participated in, had knowledge of, or reason to know of, the violation.
(B) Association’s violation does not necessarily disqualify members 

(i) If an association representing agricultural producers as a joint employer is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the association, the denial shall apply only to the association and does not apply to any individual producer member of the association unless the Secretary determines that the member participated in, had knowledge of, or reason to know of, the violation.
(ii) If an association of agricultural producers certified as a sole employer is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the association, no individual producer member of such association may be the beneficiary of the services of temporary alien agricultural workers admitted under this section in the commodity and occupation in which such aliens were employed by the association which was denied certification during the period such denial is in force, unless such producer member employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member.
(e) Expedited administrative appeals of certain determinations 

(1) Regulations shall provide for an expedited procedure for the review of a denial of certification under subsection (a)(1) of this section or a revocation of such a certification or, at the applicants request, for a de novo administrative hearing respecting the denial or revocation.
(2) The Secretary of Labor shall expeditiously, but in no case later than 72 hours after the time a new determination is requested, make a new determination on the request for certification in the case of an H2A worker if able, willing, and qualified eligible individuals are not actually available at the time such labor or services are required and a certification was denied in whole or in part because of the availability of qualified workers. If the employer asserts that any eligible individual who has been referred is not able, willing, or qualified, the burden of proof is on the employer to establish that the individual referred is not able, willing, or qualified because of employment-related reasons.
(f) Violators disqualified for 5 years 
An alien may not be admitted to the United States as a temporary agricultural worker if the alien was admitted to the United States as such a worker within the previous five-year period and the alien during that period violated a term or condition of such previous admission.
(g) Authorization of appropriations 

(1) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, $10,000,000 for the purposes
(A) of recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants described in section 1101 (a)(15)(H)(ii)(a) of this title, and
(B) of monitoring terms and conditions under which such nonimmigrants (and domestic workers employed by the same employers) are employed in the United States.
(2) The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this section.
(3) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purpose of enabling the Secretary of Labor to make determinations and certifications under this section and under section 1182 (a)(5)(A)(i) of this title.
(4) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purposes of enabling the Secretary of Agriculture to carry out the Secretarys duties and responsibilities under this section.
(h) Miscellaneous provisions 

(1) The Attorney General shall provide for such endorsement of entry and exit documents of nonimmigrants described in section 1101 (a)(15)(H)(ii) of this title as may be necessary to carry out this section and to provide notice for purposes of section 1324a of this title.
(2) The provisions of subsections (a) and (c) of section 1184 of this title and the provisions of this section preempt any State or local law regulating admissibility of nonimmigrant workers.
(i) Definitions 
For purposes of this section:
(1) The term eligible individual means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 1324a (h)(3) of this title) with respect to that employment.
(2) The term H2A worker means a nonimmigrant described in section 1101 (a)(15)(H)(ii)(a) of this title.

8 USC 1189 - Designation of foreign terrorist organizations

(a) Designation 

(1) In general 
The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that
(A) the organization is a foreign organization;
(B) the organization engages in terrorist activity (as defined in section 1182 (a)(3)(B) of this title or terrorism (as defined in section 2656f (d)(2) of title 22), or retains the capability and intent to engage in terrorist activity or terrorism)[1]; and
(C) the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States.
(2) Procedure 

(A) Notice 

(i) To congressional leaders Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor.
(ii) Publication in Federal Register The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).
(B) Effect of designation 

(i) For purposes of section 2339B of title 18, a designation under this subsection shall take effect upon publication under subparagraph (A)(ii).
(ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation.
(C) Freezing of assets 
Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court.
(3) Record 

(A) In general 
In making a designation under this subsection, the Secretary shall create an administrative record.
(B) Classified information 
The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c) of this section.
(4) Period of designation 

(A) In general 
A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c) of this section.
(B) Review of designation upon petition 

(i) In general The Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii).
(ii) Petition period For purposes of clause (i)
(I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or
(II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition.
(iii) Procedures Any foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the organization is warranted.
(iv) Determination
(I) In general Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation.
(II) Classified information The Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c) of this section.
(III) Publication of determination A determination made by the Secretary under this clause shall be published in the Federal Register.
(IV) Procedures Any revocation by the Secretary shall be made in accordance with paragraph (6).
(C) Other review of designation 

(i) In general If in a 5-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6).
(ii) Procedures If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court.
(iii) Publication of results of review The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.
(5) Revocation by Act of Congress 
The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).
(6) Revocation based on change in circumstances 

(A) In general 
The Secretary may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Secretary finds that
(i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or
(ii) the national security of the United States warrants a revocation.
(B) Procedure 
The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.
(7) Effect of revocation 
The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.
(8) Use of designation in trial or hearing 
If a designation under this subsection has become effective under paragraph (2)(B) a defendant in a criminal action or an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing.
(b) Amendments to a designation 

(1) In general 
The Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization.
(2) Procedure 
Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) of this section shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) of this section shall also apply to an amended designation.
(3) Administrative record 
The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments.
(4) Classified information 
The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c) of this section.
(c) Judicial review of designation 

(1) In general 
Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit.
(2) Basis of review 
Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation.
(3) Scope of review 
The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;
(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2),[2] or
(E) not in accord with the procedures required by law.
(4) Judicial review invoked 
The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation.
(d) Definitions 
As used in this section
(1) the term classified information has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
(2) the term national security means the national defense, foreign relations, or economic interests of the United States;
(3) the term relevant committees means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and
(4) the term Secretary means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.
[1] So in original. The closing parenthesis probably should follow “section 1182 (a)(3)(B) of this title”.
[2] So in original. The comma probably should be a semicolon.

Part III - Issuance of Entry Documents

8 USC 1201 - Issuance of visas

(a) Immigrants; nonimmigrants 

(1) Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a consular officer may issue
(A) to an immigrant who has made proper application therefor, an immigrant visa which shall consist of the application provided for in section 1202 of this title, visaed by such consular officer, and shall specify the foreign state, if any, to which the immigrant is charged, the immigrants particular status under such foreign state, the preference, immediate relative, or special immigrant classification to which the alien is charged, the date on which the validity of the visa shall expire, and such additional information as may be required; and
(B) to a nonimmigrant who has made proper application therefor, a nonimmigrant visa, which shall specify the classification under section 1101 (a)(15) of this title of the nonimmigrant, the period during which the nonimmigrant visa shall be valid, and such additional information as may be required.
(2) The Secretary of State shall provide to the Service an electronic version of the visa file of each alien who has been issued a visa to ensure that the data in that visa file is available to immigration inspectors at the United States ports of entry before the arrival of the alien at such a port of entry.
(b) Registration; photographs; waiver of requirement 
Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such use as may be by regulations required. The requirements of this subsection may be waived in the discretion of the Secretary of State in the case of any alien who is within that class of nonimmigrants enumerated in sections 1101 (a)(15)(A), and 1101 (a)(15)(G) of this title, or in the case of any alien who is granted a diplomatic visa on a diplomatic passport or on the equivalent thereof.
(c) Period of validity; requirement of visa 
An immigrant visa shall be valid for such period, not exceeding six months, as shall be by regulations prescribed, except that any visa issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business. A nonimmigrant visa shall be valid for such periods as shall be by regulations prescribed. In prescribing the period of validity of a nonimmigrant visa in the case of nationals of any foreign country who are eligible for such visas, the Secretary of State shall, insofar as practicable, accord to such nationals the same treatment upon a reciprocal basis as such foreign country accords to nationals of the United States who are within a similar class; except that in the case of aliens who are nationals of a foreign country and who either are granted refugee status and firmly resettled in another foreign country or are granted permanent residence and residing in another foreign country, the Secretary of State may prescribe the period of validity of such a visa based upon the treatment granted by that other foreign country to alien refugees and permanent residents, respectively, in the United States. An immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an immigrant who establishes to the satisfaction of the consular officer that he was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible: Provided, That the immigrant is found by the consular officer to be eligible for an immigrant visa and the immigrant pays again the statutory fees for an application and an immigrant visa.
(d) Physical examination 
Prior to the issuance of an immigrant visa to any alien, the consular officer shall require such alien to submit to a physical and mental examination in accordance with such regulations as may be prescribed. Prior to the issuance of a nonimmigrant visa to any alien, the consular officer may require such alien to submit to a physical or mental examination, or both, if in his opinion such examination is necessary to ascertain whether such alien is eligible to receive a visa.
(e) Surrender of visa 
Each immigrant shall surrender his immigrant visa to the immigration officer at the port of entry, who shall endorse on the visa the date and the port of arrival, the identity of the vessel or other means of transportation by which the immigrant arrived, and such other endorsements as may be by regulations required.
(f) Surrender of documents 
Each nonimmigrant shall present or surrender to the immigration officer at the port of entry such documents as may be by regulation required. In the case of an alien crewman not in possession of any individual documents other than a passport and until such time as it becomes practicable to issue individual documents, such alien crewman may be admitted, subject to the provisions of this part, if his name appears in the crew list of the vessel or aircraft on which he arrives and the crew list is visaed by a consular officer, but the consular officer shall have the right to deny admission to any alien crewman from the crew list visa.
(g) Nonissuance of visas or other documents 
No visa or other documentation shall be issued to an alien if
(1)  it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law,
(2)  the application fails to comply with the provisions of this chapter, or the regulations issued thereunder, or
(3)  the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 1182 (a)(4) of this title, if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 1183 of this title: Provided further, That a visa may be issued to an alien defined in section 1101 (a)(15)(B) or (F) of this title, if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 1184 (a) of this title, or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title, such alien will depart from the United States.
(h) Nonadmission upon arrival 
Nothing in this chapter shall be construed to entitle any alien, to whom a visa or other documentation has been issued, to be admitted[1] the United States, if, upon arrival at a port of entry in the United States, he is found to be inadmissible under this chapter, or any other provision of law. The substance of this subsection shall appear upon every visa application.
(i) Revocation of visas or documents 
After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance: Provided, That carriers or transportation companies, and masters, commanding officers, agents, owners, charterers, or consignees, shall not be penalized under section 1323 (b) of this title for action taken in reliance on such visas or other documentation, unless they received due notice of such revocation prior to the aliens embarkation. There shall be no means of judicial review (including review pursuant to section 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 1227 (a)(1)(B) of this title.
[1] So in original. Probably should be followed by “to”.

8 USC 1201a - Repealed. Pub. L. 99653, 5(b), formerly 5(a)(d), Nov. 14, 1986, 100 Stat. 3656, renumbered 5(b), Pub. L. 100525, 8(d)(2), Oct. 24, 1988, 102 Stat. 2617

Section, Pub. L. 85–316, § 8, Sept. 11, 1957, 71 Stat. 641, related to waiver of fingerprinting requirements for nonimmigrant aliens.

8 USC 1202 - Application for visas

(a) Immigrant visas 
Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed. In the application the alien shall state his full and true name, and any other name which he has used or by which he has been known; age and sex; the date and place of his birth; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed.
(b) Other documentary evidence for immigrant visa 
Every alien applying for an immigrant visa shall present 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 Secretary of State. The immigrant shall furnish to the consular officer with his application a copy of a certification by the appropriate police authorities stating what their records show concerning the immigrant; a certified copy of any existing prison record, military record, and record of his birth; and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer. The copy of each document so furnished shall be permanently attached to the application and become a part thereof. In the event that the immigrant establishes to the satisfaction of the consular officer that any document or record required by this subsection is unobtainable, the consular officer may permit the immigrant to submit in lieu of such document or record other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain. All immigrant visa applications shall be reviewed and adjudicated by a consular officer.
(c) Nonimmigrant visas; nonimmigrant registration; form, manner and contents of application 
Every alien applying for a nonimmigrant visa and for alien registration shall make application therefor in such form and manner as shall be by regulations prescribed. In the application the alien shall state his full and true name, the date and place of birth, his nationality, the purpose and length of his intended stay in the United States; his marital status; and such additional information necessary to the identification of the applicant, the determination of his eligibility for a nonimmigrant visa, and the enforcement of the immigration and nationality laws as may be by regulations prescribed. The alien shall provide complete and accurate information in response to any request for information contained in the application. At the discretion of the Secretary of State, application forms for the various classes of nonimmigrant admissions described in section 1101 (a)(15) of this title may vary according to the class of visa being requested.
(d) Other documentary evidence for nonimmigrant visa 
Every alien applying for a nonimmigrant visa and alien registration shall furnish to the consular officer, with his application, a certified copy of such documents pertaining to him as may be by regulations required. All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.
(e) Signing and verification of application 
Except as may be otherwise prescribed by regulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer. The application for an immigrant visa, when visaed by the consular officer, shall become the immigrant visa. The application for a nonimmigrant visa or other documentation as a nonimmigrant shall be disposed of as may be by regulations prescribed. The issuance of a nonimmigrant visa shall, except as may be otherwise by regulations prescribed, be evidenced by a stamp, or other[1] placed in the aliens passport.
(f) Confidential nature of records 
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 be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, except that
(1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.[2]
(2) the Secretary of State, in the Secretarys discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of States computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database
(A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled substances, persons, or illicit weapons; or
(B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes described in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.
(g) Nonimmigrant visa void at conclusion of authorized period of stay 

(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.
(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except
(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the aliens nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or
(B) where extraordinary circumstances are found by the Secretary of State to exist.
(h) In person interview with consular officer 
Notwithstanding any other provision of this chapter, the Secretary of State shall require every alien applying for a nonimmigrant visa
(1) who is at least 14 years of age and not more than 79 years of age to submit to an in person interview with a consular officer unless the requirement for such interview is waived
(A) by a consular official and such alien is
(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 1101 (a)(15) of this title;
(ii) within the NATO visa category;
(iii) within that class of nonimmigrants enumerated in section 1101 (a)(15)(C)(iii)3 of this title (referred to as the C3 visa category); or
(iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent thereof;
(B) by a consular official and such alien is applying for a visa
(i) not more than 12 months after the date on which such aliens prior visa expired;
(ii) for the visa classification for which such prior visa was issued;
(iii) from the consular post located in the country of such aliens usual residence, unless otherwise prescribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a national; and
(iv) the consular officer has no indication that such alien has not complied with the immigration laws and regulations of the United States; or
(C) by the Secretary of State if the Secretary determines that such waiver is
(i) in the national interest of the United States; or
(ii) necessary as a result of unusual or emergent circumstances; and
(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien
(A) is not a national or resident of the country in which such alien is applying for a visa;
(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
(C) is listed in the Consular Lookout and Support System (or successor system at the Department of State);
(D) is a national of a country officially designated by the Secretary of State as a state sponsor of terrorism, except such nationals who possess nationalities of countries that are not designated as state sponsors of terrorism;
(E) requires a security advisory opinion or other Department of State clearance, unless such alien is
(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 1101 (a)(15) of this title;
(ii) within the NATO visa category;
(iii) within that class of nonimmigrants enumerated in section 1101 (a)(15)(C)(iii)3 of this title (referred to as the C3 visa category); or
(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or
(F) is identified as a member of a group or sector that the Secretary of State determines
(i) poses a substantial risk of submitting inaccurate information in order to obtain a visa;
(ii) has historically had visa applications denied at a rate that is higher than the average rate of such denials; or
(iii) poses a security threat to the United States.
[1] So in original.
[2] So in original. The period probably should be “; and”.
[3] So in original. Subpar. (C) of section 1101 (a)(15) does not contain clauses.

8 USC 1203 - Reentry permit

(a) Application; contents 

(1) Any alien lawfully admitted for permanent residence, or
(2)  any alien lawfully admitted to the United States pursuant to clause 6 of section 3 of the Immigration Act of 1924, between July 1, 1924, and July 5, 1932, both dates inclusive, who intends to depart temporarily from the United States may make application to the Attorney General for a permit to reenter the United States, stating the length of his intended absence or absences, and the reasons therefor. Such applications shall be made under oath, and shall be in such form, contain such information, and be accompanied by such photographs of the applicant as may be by regulations prescribed.
(b) Issuance of permit; nonrenewability 
If the Attorney General finds
(1)  that the applicant under subsection (a)(1) of this section has been lawfully admitted to the United States for permanent residence, or that the applicant under subsection (a)(2) of this section has since admission maintained the status required of him at the time of his admission and such applicant desires to visit abroad and to return to the United States to resume the status existing at the time of his departure for such visit,
(2)  that the application is made in good faith, and
(3)  that the aliens proposed departure from the United States would not be contrary to the interests of the United States, the Attorney General may, in his discretion, issue the permit, which shall be valid for not more than two years from the date of issuance and shall not be renewable. The permit shall be in such form as shall be by regulations prescribed for the complete identification of the alien.
(c) Multiple reentries 
During the period of validity, such permit may be used by the alien in making one or more applications for reentry into the United States.
(d) Presented and surrendered 
Upon the return of the alien to the United States the permit shall be presented to the immigration officer at the port of entry, and upon the expiration of its validity, the permit shall be surrendered to the Service.
(e) Permit in lieu of visa 
A permit issued under this section in the possession of the person to whom issued, shall be accepted in lieu of any visa which otherwise would be required from such person under this chapter. Otherwise a permit issued under this section shall have no effect under the immigration laws except to show that the alien to whom it was issued is returning from a temporary visit abroad; but nothing in this section shall be construed as making such permit the exclusive means of establishing that the alien is so returning.

8 USC 1204 - Immediate relative and special immigrant visas

A consular officer may, subject to the limitations provided in section 1201 of this title, issue an immigrant visa to a special immigrant or immediate relative as such upon satisfactory proof, under regulations prescribed under this chapter, that the applicant is entitled to special immigrant or immediate relative status.

8 USC 1205 - Repealed. Pub. L. 87301, 24(a)(2), Sept. 26, 1961, 75 Stat. 657

Section, Pub. L. 85–316, § 4, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86–253, § 2, Sept. 9, 1959, 73 Stat. 490; Pub. L. 86–648, § 7, July 14, 1960, 74 Stat. 505, related to nonquota immigrant visas for eligible orphans.

Part IV - Inspection, Apprehension, Examination, Exclusion, and Removal

8 USC 1221 - Lists of alien and citizen passengers arriving and departing

(a) Arrival manifests 
For each commercial vessel or aircraft transporting any person to any seaport or airport of the United States from any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) of this section to provide to any United States border officer (as defined in subsection (i) of this section) at that port manifest information about each passenger, crew member, and other occupant transported on such vessel or aircraft prior to arrival at that port.
(b) Departure manifests 
For each commercial vessel or aircraft taking passengers on board at any seaport or airport of the United States, who are destined to any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) of this section to provide any United States border officer (as defined in subsection (i) of this section) before departure from such port manifest information about each passenger, crew member, and other occupant to be transported.
(c) Contents of manifest 
The information to be provided with respect to each person listed on a manifest required to be provided under subsection (a) or (b) of this section shall include
(1) complete name;
(2) date of birth;
(3) citizenship;
(4) sex;
(5) passport number and country of issuance;
(6) country of residence;
(7) United States visa number, date, and place of issuance, where applicable;
(8) alien registration number, where applicable;
(9) United States address while in the United States; and
(10) such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of Treasury determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws and to protect safety and national security.
(d) Appropriate officials specified 
An appropriate official specified in this subsection is the master or commanding officer, or authorized agent, owner, or consignee, of the commercial vessel or aircraft concerned.
(e) Deadline for requirement of electronic transmission of manifest information 
Not later than January 1, 2003, manifest information required to be provided under subsection (a) or (b) of this section shall be transmitted electronically by the appropriate official specified in subsection (d) of this section to an immigration officer.
(f) Prohibition 
No operator of any private or public carrier that is under a duty to provide manifest information under this section shall be granted clearance papers until the appropriate official specified in subsection (d) of this section has complied with the requirements of this subsection, except that, in the case of commercial vessels or aircraft that the Attorney General determines are making regular trips to the United States, the Attorney General may, when expedient, arrange for the provision of manifest information of persons departing the United States at a later date.
(g) Penalties against noncomplying shipments, aircraft, or carriers 
If it shall appear to the satisfaction of the Attorney General that an appropriate official specified in subsection (d) of this section, any public or private carrier, or the agent of any transportation line, as the case may be, has refused or failed to provide manifest information required by subsection (a) or (b) of this section, or that the manifest information provided is not accurate and full based on information provided to the carrier, such official, carrier, or agent, as the case may be, shall pay to the Commissioner the sum of $1,000 for each person with respect to whom such accurate and full manifest information is not provided, or with respect to whom the manifest information is not prepared as prescribed by this section or by regulations issued pursuant thereto. No commercial vessel or aircraft shall be granted clearance pending determination of the question of the liability to the payment of such penalty, or while it remains unpaid, and no such penalty shall be remitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the Commissioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such penalty.
(h) Waiver 
The Attorney General may waive the requirements of subsection (a) or (b) of this section upon such circumstances and conditions as the Attorney General may by regulation prescribe.
(i) United States border officer defined 
In this section, the term United States border officer means, with respect to a particular port of entry into the United States, any United States official who is performing duties at that port of entry.
(j) Record of citizens and resident aliens leaving permanently for foreign countries 
The Attorney General may authorize immigration officers to record the following information regarding every resident person leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last permanent residence in the United States; intended future permanent residence; and time and port of last arrival in the United States; and if a United States citizen or national, the facts on which claim to that status is based.

8 USC 1222 - Detention of aliens for physical and mental examination

(a) Detention of aliens 
For the purpose of determining whether aliens (including alien crewmen) arriving at ports of the United States belong to any of the classes inadmissible under this chapter, by reason of being afflicted with any of the diseases or mental or physical defects or disabilities set forth in section 1182 (a) of this title, or whenever the Attorney General has received information showing that any aliens are coming from a country or have embarked at a place where any of such diseases are prevalent or epidemic, such aliens shall be detained by the Attorney General for a sufficient time to enable the immigration officers and medical officers to subject such aliens to observation and an examination sufficient to determine whether or not they belong to inadmissible classes.