§ 1184. — Admission of nonimmigrants.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1184]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part II--Admission Qualifications for Aliens; Travel Control of Citizens
and Aliens
Sec. 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 without a visa
pursuant to section 1182(l) of this title may be authorized to enter or
stay in the United States other than in Guam or to remain in Guam for a
period exceeding fifteen days from date of admission to Guam. 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
(H)(i), (L), or (V) of section 1101(a)(15) of this title) 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; involvement of Departments of Labor
and Agriculture
(1) The question of importing any alien as a nonimmigrant under
section 1101(a)(15)(H), (L), (O), or (P)(i) 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. In the case of an
alien seeking admission under section 1101(a)(15)(L) of this title, the
1-year period of continuous employment required under such section is
deemed to be reduced to a 6-month period if the importing employer has
filed a blanket petition under this subparagraph and met the
requirements for expedited processing of aliens covered under such
petition.
(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.
(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 alien's
occupational peers and a management organization in the area of the
alien's 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 alien's 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) performs as an athlete, individually or as part of a group
or team, at an internationally recognized level of performance, and
(ii) seeks to enter the United States temporarily and solely for
the purpose of performing as such an athlete with respect to a
specific athletic competition.
(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.
(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 employer's 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 October 1, 2003 \1\ a petition
under paragraph (1)--
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by a comma.
---------------------------------------------------------------------------
(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 $1,000 for each such petition.
(C) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 1356(s) of this title.
(10) An amended H-1B 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.
(d) Issuance of visa to fiancee or fiance of citizen
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 Attorney General. The petition shall
be in such form and contain such information as the Attorney General
shall, by regulation, prescribe. 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 alien's arrival,
except that the Attorney General 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.
(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 C--Professionals, of the United States-Canada Free-Trade
Agreement to engage in business activities at a professional level as
provided for therein may be admitted for such purpose under regulations
of the Attorney General promulgated after consultation with the
Secretaries of State and Labor.
(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 2101(46) 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 is employed
(or has received an offer of employment) at--
(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.
(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.
(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), (L), or (V) of section 1101(a)(15) of this title or otherwise
obtaining or maintaining the status of a nonimmigrant described in such
subparagraph, if the alien had obtained a change of status under section
1258 of this title to a classification as such a nonimmigrant before the
alien's most recent departure from the United States.
(i) ``Specialty occupation'' defined
(1) For purposes of section 1101(a)(15)(H)(i)(b) 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 bachelor's 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.
(j) Labor disputes
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 alien's 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 subsection shall be given as may be
required by paragraph 3 of article 1603 of such Agreement. For purposes
of this subsection, the term ``citizen of Mexico'' means ``citizen'' as
defined in Annex 1608 of 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 alien's 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 nonimmigrant's
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 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, 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.
(2)(A) Notwithstanding section 1258(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.
(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 alien's employment ceases to benefit the public interest
at any time during the 3-year period described in paragraph (1)(C).
(m) \2\ Nonimmigrant elementary and secondary school students
---------------------------------------------------------------------------
\2\ So in original. Two subsecs. (m) have been enacted.
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(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 alien's 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 alien's
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).
(m) \2\ 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.
(n) 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, or parents of
such aliens.
(o) \3\ Requirements applicable to section 1101(a)(15)(U) visas
---------------------------------------------------------------------------
\3\ So in original. Two subsecs. (o) have been enacted.
---------------------------------------------------------------------------
(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.
(o) \3\ 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 child's parent a
status under section 1153(a)(2)(A) of this title).
(ii) The alien's application for an immigrant visa pursuant
to the approval of such petition.
(iii) The alien's 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.
(p) 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.
(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 alien's application for an immigrant visa
pursuant to the approval of such petition.
(C) The principal alien's application for adjustment of status
under section 1255 of this title pursuant to the approval of such
petition.
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 214, 66 Stat. 189; Pub.
L. 91-225, Sec. 3, Apr. 7, 1970, 84 Stat. 117; Pub. L. 98-454, title VI,
Sec. 602(b), Oct. 5, 1984, 98 Stat. 1737; Pub. L. 99-603, title III,
Secs. 301(b), 313(b), Nov. 6, 1986, 100 Stat. 3411, 3438; Pub. L. 99-
639, Sec. 3(a), (c), Nov. 10, 1986, 100 Stat. 3542; Pub. L. 100-449,
title III, Sec. 307(b), Sept. 28, 1988, 102 Stat. 1877; Pub. L. 100-525,
Sec. 2(l)(1), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101-649, title II,
Secs. 202(a), 205(a), (b), (c)(2), 206(b), 207(b), Nov. 29, 1990, 104
Stat. 5014, 5019, 5020, 5023, 5025; Pub. L. 102-232, title II,
Secs. 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1),
title III, Sec. 303(a)(10)-(12), Dec. 12, 1991, 105 Stat. 1737-1741,
1748; Pub. L. 103-182, title III, Sec. 341(b), (c), Dec. 8, 1993, 107
Stat. 2116, 2117; Pub. L. 103-322, title XIII, Sec. 130003(b)(2), Sept.
13, 1994, 108 Stat. 2025; Pub. L. 103-416, title II, Sec. 220(b), Oct.
25, 1994, 108 Stat. 4319; Pub. L. 104-208, div. C, title III,
Sec. 308(e)(1)(D), (2)(B), (f)(1)(G), (H), (3)(B), (g)(5)(A)(i), (7)(A),
title VI, Secs. 621, 622(c), 625(a)(1), 671(a)(3)(A), (e)(4)(A), Sept.
30, 1996, 110 Stat. 3009-619 to 3009-621, 3009-623, 3009-695, 3009-699,
3009-721, 3009-723; Pub. L. 105-65, title I, Sec. 108, Oct. 27, 1997,
111 Stat. 1350; Pub. L. 105-277, div. C, title IV, Secs. 411(a), 414(a),
Oct. 21, 1998, 112 Stat. 2681-642, 2681-651; Pub. L. 106-104, Sec. 2,
Nov. 13, 1999, 113 Stat. 1483; Pub. L. 106-311, Sec. 1, Oct. 17, 2000,
114 Stat. 1247; Pub. L. 106-313, title I, Secs. 102(a), 103, 105(a),
108, Oct. 17, 2000, 114 Stat. 1251-1253, 1255; Pub. L. 106-386, div. A,
Sec. 107(e)(2), div. B, title V, Sec. 1513(c), Oct. 28, 2000, 114 Stat.
1478, 1535; Pub. L. 106-396, title IV, Sec. 401, Oct. 30, 2000, 114
Stat. 1647; Pub. L. 106-553, Sec. 1(a)(2) [title XI, Secs. 1102(b),
(d)(1), 1103(b), (c)(1)], Dec. 21, 2000, 114 Stat. 2762, 2762A-142,
2762A-144, 2762A-145; Pub. L. 107-45, Sec. 1, Oct. 1, 2001, 115 Stat.
258; Pub. L. 107-124, Jan. 16, 2002, 115 Stat. 2402; Pub. L. 107-125,
Secs. 1, 2(a), Jan. 16, 2002, 115 Stat. 2403; Pub. L. 107-273, div. C,
title I, Sec. 11018(a), Nov. 2, 2002, 116 Stat. 1825; Pub. L. 107-274,
Sec. 2(c), Nov. 2, 2002, 116 Stat. 1923.)
References in Text
The International Organizations Immunities Act, referred to in
subsec. (b), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, as
amended, which is classified principally to subchapter XVIII (Sec. 288
et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse.
For complete classification of this Act to the Code, see Short Title
note set out under section 288 of Title 22 and Tables.
Amendments
2002--Subsec. (c)(2)(A). Pub. L. 107-125, Sec. 2(a), inserted at end
``In the case of an alien seeking admission under section 1101(a)(15)(L)
of this title, the 1-year period of continuous employment required under
such section is deemed to be reduced to a 6-month period if the
importing employer has filed a blanket petition under this subparagraph
and met the requirements for expedited processing of aliens covered
under such petition.''
Subsec. (c)(2)(E). Pub. L. 107-125, Sec. 1, added subpar. (E).
Subsec. (e)(6). Pub. L. 107-124 added par. (6).
Subsec. (l)(1)(B). Pub. L. 107-273 substituted ``30;'' for ``20;''.
Subsec. (m). Pub. L. 107-274 substituted ``clause (i) or (iii) of
section 1101(a)(15)(F)'' for ``section 1101(a)(15)(F)(i)'' in two places
in subsec. (m) relating to nonimmigrant elementary and secondary school
students.
2001--Subsec. (k)(2). Pub. L. 107-45, Sec. 1(2), redesignated par.
(3) as (2).
Pub. L. 107-45, Sec. 1(1), which directed that subsec. (k) be
amended by striking (2), was executed by striking par. (2) to reflect
the probable intent of Congress. Prior to amendment, par. (2) read as
follows: ``No alien may be admitted into the United States as such a
nonimmigrant more than 7 years after September 13, 1994.''
Subsec. (k)(3). Pub. L. 107-45, Sec. 1(2), redesignated par. (4) as
(3). Former par. (3) redesignated (2).
Subsec. (k)(4). Pub. L. 107-45, Sec. 1(2), redesignated par. (5) as
(4). Former par. (4) redesignated (3).
Subsec. (k)(4)(E). Pub. L. 107-45, Sec. 1(3), substituted
``paragraph (3)'' for ``paragraph (4)''.
Subsec. (k)(5). Pub. L. 107-45, Sec. 1(2), redesignated par. (5) as
(4).
2000--Subsec. (b). Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 1102(d)(1)], substituted ``(H)(i), (L), or (V)'' for ``(H)(i) or
(L)''.
Subsec. (c)(9)(A). Pub. L. 106-311, Sec. 1(1), substituted
``(excluding any employer that is a primary or secondary education
institution, an institution of higher education, as defined in section
1001(a) of title 20, a nonprofit entity related to or affiliated with
any such institution, a nonprofit entity which engages in established
curriculum-related clinical training of students registered at any such
institution, a nonprofit research organization, or a governmental
research organization) filing before October 1, 2003'' for ``(excluding
an employer described in subparagraph (A) or (B) of section 1182(p)(1)
of this title) filing (on or after December 1, 1998, and before October
1, 2001)''.
Subsec. (c)(9)(B). Pub. L. 106-311, Sec. 1(2), substituted
``$1,000'' for ``$500''.
Subsec. (c)(10). Pub. L. 106-396 added par. (10).
Subsec. (d). Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 1103(c)(1)], substituted ``1101(a)(15)(K)(i)'' for
``1101(a)(15)(K)''.
Subsec. (g)(1)(A)(iv) to (vii). Pub. L. 106-313, Sec. 102(a), added
cls. (iv) to (vi), redesignated former cl. (v) as (vii), and struck out
former cl. (iv) which read as follows: ``107,500 in fiscal year 2001;
and''.
Subsec. (g)(3). Pub. L. 106-313, Sec. 108, amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``Aliens who
are subject to the numerical limitations of paragraph (1) shall be
issued visas (or otherwise provided nonimmigrant status) in the order in
which petitions are filed for such visas or status.''
Subsec. (g)(5) to (7). Pub. L. 106-313, Sec. 103, added pars. (5) to
(7).
Subsec. (h). Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 1102(d)(1)], substituted ``(H)(i), (L), or (V)'' for ``(H)(i) or
(L)''.
Subsec. (l). Pub. L. 106-386, Sec. 107(e)(2)(A), redesignated
subsec. (l), relating to nonimmigrant elementary and secondary school
students, as (m).
Subsec. (m). Pub. L. 106-386, Sec. 107(e)(2)(A), redesignated
subsec. (l), relating to nonimmigrant elementary and secondary school
students, as (m).
Pub. L. 106-313, Sec. 105(a), added subsec. (m) relating to
increased portability of H-1B status.
Subsec. (n). Pub. L. 106-386, Sec. 107(e)(2)(B), added subsec. (n).
Subsec. (o). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(b)],
added subsec. (o) relating to employment of nonimmigrants described in
section 1101(a)(15)(V) of this title.
Pub. L. 106-386, Sec. 1513(c), added subsec. (o) relating to
requirements applicable to section 1101(a)(15)(U) visas.
Subsec. (p). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1103(b)],
added subsec. (p).
1999--Subsec. (k)(2). Pub. L. 106-104 substituted ``7 years'' for
``5 years''.
1998--Subsec. (c)(9). Pub. L. 105-277, Sec. 414(a), added par. (9).
Subsec. (g)(1)(A). Pub. L. 105-277, Sec. 411(a), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ``under
section 1101(a)(15)(H)(i)(b) of this title may not exceed 65,000, or''.
1997--Subsec. (l)(1)(D). Pub. L. 105-65 inserted before period at
end ``, except that, in the case of a request by the Department of
Veterans Affairs, the alien shall not be required to practice medicine
in a geographic area designated by the Secretary''.
1996--Subsec. (c)(2)(A). Pub. L. 104-208, Sec. 308(f)(1)(G),
substituted ``admission'' for ``entry''.
Subsec. (c)(5)(B). Pub. L. 104-208, Sec. 308(f)(3)(B), substituted
``is admitted to'' for ``enters''.
Subsec. (d). Pub. L. 104-208, Sec. 308(g)(5)(A)(i), (7)(A),
substituted ``sections 1229a and 1231'' for ``sections 1252 and 1253''.
Pub. L. 104-208, Sec. 308(f)(1)(H), substituted ``admission'' for
``entry''.
Pub. L. 104-208, Sec. 308(e)(2)(B), substituted ``removed'' for
``deported''.
Subsec. (f)(1). Pub. L. 104-208, Sec. 671(e)(4)(A), substituted
``section 40102(a)(2) of title 49'' for ``section 101(3) of the Federal
Aviation Act of 1958''.
Subsec. (j). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
subsec. (j), relating to numerical limitations on the number of aliens
provided with nonimmigrant visas, as (k).
Subsec. (j)(1). Pub. L. 104-208, Sec. 621, substituted ``200'' for
``100'' and ``50'' for ``25''.
Subsec. (k). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
subsec. (j), relating to numerical limitations on the number of aliens
provided with nonimmigrant visas, as (k). Former (k) redesignated (l).
Pub. L. 104-208, Sec. 622(c), amended subsec. (k) generally,
substituting provisions relating to requests by interested State and
Federal agencies for waivers of the two-year foreign residence
requirement under section 1182(e) of this title for former provisions
relating to requests by interested State agencies for such waivers.
Subsec. (k)(4)(C). Pub. L. 104-208, Sec. 308(e)(1)(D), amended
subsec. (k)(4)(C), as redesignated by Pub. L. 104-208,
Sec. 671(a)(3)(A), by substituting ``removal'' for ``deportation''.
Subsec. (l). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
subsec. (k) as (l).
Pub. L. 104-208, Sec. 625(a)(1), added subsec. (l) relating to
nonimmigrant elementary and secondary school students.
1994--Subsec. (j). Pub. L. 103-322 added subsec. (j) relating to
numerical limitations on the number of aliens provided with nonimmigrant
visas.
Subsec. (k). Pub. L. 103-416 added subsec. (k).
1993--Subsec. (e). Pub. L. 103-182, Sec. 341(b), designated existing
provisions as par. (1) and added pars. (2) to (5).
Subsec. (j). Pub. L. 103-182, Sec. 341(c), added subsec. (j).
1991--Subsec. (a)(2)(A). Pub. L. 102-232, Sec. 303(a)(11),
substituted ``described in section 1101(a)(15)(O)'' for ``under section
1101(a)(15)(O)''.
Pub. L. 102-232, Sec. 205(d), inserted ``(or events)'' after
``event''.
Subsec. (a)(2)(B). Pub. L. 102-232, Sec. 206(a), designated cl. (i)
as subpar. (B) and struck out cl. (ii) which read as follows: ``An alien
who is admitted as a nonimmigrant under clause (ii) or (iii) of section
1101(a)(15)(P) of this title may not be readmitted as such a
nonimmigrant unless the alien has remained outside the United States for
at least 3 months after the date of the most recent admission. The
Attorney General may waive the application of the previous sentence in
the case of individual tours in which the application would work an
undue hardship.''
Subsec. (c)(2)(A). Pub. L. 102-232, Sec. 303(a)(10)(A), substituted
``individual petitions'' for ``individuals petitions''.
Subsec. (c)(2)(D). Pub. L. 102-232, Sec. 303(a)(10)(B), substituted
``involves'' for ``involved''.
Subsec. (c)(3). Pub. L. 102-232, Sec. 205(e), inserted at end ``The
Attorney General shall provide by regulation for the waiver of the
consultation requirement under subparagraph (A) in the case of aliens
who have been admitted as nonimmigrants under section 1101(a)(15)(O)(i)
of this title because of extraordinary ability in the arts and who seek
readmission to perform similar services within 2 years after the date of
a consultation under such subparagraph. Not later than 5 days after the
date such a waiver is provided, the Attorney General shall forward a
copy of the petition and all supporting documentation to the national
office of an appropriate labor organization.''
Subsec. (c)(3)(A). Pub. L. 102-232, Sec. 204(1), substituted ``after
consultation in accordance with paragraph (6)'' for ``after consultation
with peer groups in the area of the alien's ability''.
Subsec. (c)(3)(B). Pub. L. 102-232, Sec. 204(2), substituted ``after
consultation in accordance with paragraph (6) or, in the case of such an
alien seeking entry for a motion picture or television production, after
consultation with such a labor organization and a management
organization in the area of the alien's ability'' for ``after
consultation with labor organizations with expertise in the skill area
involved''.
Subsec. (c)(4)(A), (B). Pub. L. 102-232, Sec. 203(b), added subpars.
(A) and (B) and redesignated former subpars. (A) and (B) as (C) and (D),
respectively.
Subsec. (c)(4)(C). Pub. L. 102-232, Sec. 204(3), struck out ``clause
(ii) of'' after ``under''.
Pub. L. 102-232, Sec. 203(b), redesignated subpar. (A) as (C).
Former subpar. (C) redesignated (E).
Subsec. (c)(4)(D). Pub. L. 102-232, Sec. 204(4), substituted ``after
consultation in accordance with paragraph (6)'' for ``after consultation
with labor organizations with expertise in the specific field of
athletics or entertainment involved''.
Pub. L. 102-232, Sec. 203(b), redesignated subpar. (B) as (D).
Subsec. (c)(4)(E). Pub. L. 102-232, Sec. 206(c)(2), struck out
before period at end ``, in order to assure reciprocity in fact with
foreign states''.
Pub. L. 102-232, Sec. 203(b), redesignated subpar. (C) as (E).
Subsec. (c)(5). Pub. L. 102-232, Sec. 207(a), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(5)(A). Pub. L. 102-232, Sec. 303(a)(12), substituted
``1101(a)(15)(H)(ii)(b)'' for ``1101(H)(ii)(b)''.
Subsec. (c)(6), (7). Pub. L. 102-232, Sec. 204(5), (6), added par.
(6) and redesignated former par. (6) as (7).
Subsec. (c)(8). Pub. L. 102-232, Sec. 207(c)(1), added par. (8).
Subsec. (g)(1). Pub. L. 102-232, Sec. 202(a), inserted ``or'' at end
of subpar. (A), substituted a period for ``, or'' at end of subpar. (B),
and struck out subpar. (C) which read as follows: ``under section
1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of this title may not
exceed 25,000.''
1990--Subsec. (a). Pub. L. 101-649, Sec. 207(b)(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 101-649, Sec. 205(b)(1), inserted ``(other than
a nonimmigrant described in subparagraph (H)(i) or (L) of section
1101(a)(15) of this title)'' after ``Every alien''.
Subsec. (c). Pub. L. 101-649, Secs. 206(b), 207(b)(2)(B), designated
existing provisions as par. (1), substituted reference to section
1101(a)(15)(H), (L), (O), or (P)(i) of this title for reference to
section 1101(a)(15)(H) or (L) of this title, and added pars. (2) to (6).
Subsec. (f). Pub. L. 101-649, Sec. 202(a), added subsec. (f).
Subsecs. (g) to (i). Pub. L. 101-649, Sec. 205(a), (b)(2), (c)(2),
added subsecs. (g) to (i).
1988--Subsec. (c). Pub. L. 100-525, Sec. 2(l)(1), amended Pub. L.
99-603, Sec. 301(b). See 1986 Amendment note below.
Subsec. (e). Pub. L. 100-449 added subsec. (e).
1986--Subsec. (a). Pub. L. 99-603, Sec. 313(b), inserted provision
directing that no alien admitted without a visa pursuant to section 1187
of this title may be authorized to remain in the United States as a
nonimmigrant visitor for a period exceeding 90 days from the date of
admission.
Subsec. (c). Pub. L. 99-603, Sec. 301(b), as amended by Pub. L. 100-
525, Sec. 2(l)(1), inserted provisions relating to nonimmigrants
described in section 1101(a)(15)(H)(ii)(a) of this title.
Subsec. (d). Pub. L. 99-639, Sec. 3(a), substituted ``have
previously met in person within 2 years before the date of filing the
petition, have a bona fide intention to marry,'' for ``have a bona fide
intention to marry'', and inserted ``, except that the Attorney General
in his discretion may waive the requirement that the parties have
previously met in person''.
Pub. L. 99-639, Sec. 3(c), struck out last sentence which read: ``In
the event the marriage between the said alien and the petitioner shall
occur within three months after the entry and they are found otherwise
admissible, the Attorney General shall record the lawful admission for
permanent residence of the alien and minor children as of the date of
the payment of the required visa fees.''
1984--Subsec. (a). Pub. L. 98-454 inserted ``No alien admitted to
Guam without a visa pursuant to section 1182(l) of this title may be
authorized to enter or stay in the United States other than in Guam or
to remain in Guam for a period exceeding fifteen days from date of
admission to Guam.''
1970--Subsec. (c). Pub. L. 91-225, Sec. 3(a), inserted reference to
subpar. (L) of section 1101(a)(15) of this title.
Subsec. (d). Pub. L. 91-225, Sec. 3(b), added subsec. (d).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-273 effective as if enacted May 31, 2002,
see section 11018(d) of Pub. L. 107-273, set out as a note under section
1182 of this title.
Effective Date of 2000 Amendments
Amendment by section 1(a)(2) [title XI, Sec. 1102(b), (d)(1)] of
Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien who is
beneficiary of classification petition filed under section 1154 of this
title on or before Dec. 21, 2000, see section 1(a)(2) [title XI,
Sec. 1102(e)] of Pub. L. 106-553, set out as a note under section 1101
of this title.
Amendment by section 1(a)(2) [title XI, Sec. 1103(b), (c)(1)] of
Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien who is
beneficiary of classification petition filed under section 1154 of this
title before, on, or after Dec. 21, 2000, see section 1(a)(2) [title XI,
Sec. 1103(d)] of Pub. L. 106-553, set out as a note under section 1101
of this title.
Pub. L. 106-313, title I, Sec. 105(b), Oct. 17, 2000, 114 Stat.
1253, provided that: ``The amendment made by subsection (a) [amending
this section] shall apply to petitions filed before, on, or after the
date of enactment of this Act [Oct. 17, 2000].''
Pub. L. 106-311, Sec. 2, Oct. 17, 2000, 114 Stat. 1247, provided
that: ``The amendment made by section 1(2) [amending this section] shall
apply only to petitions that are filed on or after the date that is 2
months after the date of the enactment of this Act [Oct. 17, 2000].''
Effective Date of 1998 Amendment
Pub. L. 105-277, div. C, title IV, Sec. 411(b), Oct. 21, 1998, 112
Stat. 2681-642, provided that: ``The amendment made by subsection (a)
[amending this section] applies beginning with fiscal year 1999.''
Effective Date of 1996 Amendment
Amendment by section 308(e)(1)(D), (2)(B), (f)(1)(G), (H), (3)(B),
(g)(5)(A)(i), (7)(A) of Pub. L. 104-208 effective, with certain
transitional provisions, on the first day of the first month beginning
more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-
208, set out as a note under section 1101 of this title.
Amendment by section 625(a)(1) of Pub. L. 104-208 applicable to
individuals who obtain status of nonimmigrant under section
1101(a)(15)(F) of this title after end of 60-day period beginning Sept.
30, 1996, including aliens whose status as such a nonimmigrant is
extended after end of such period, see section 625(c) of Pub. L. 104-
208, set out as a note under section 1101 of this title.
Amendment by section 671(a)(3)(A) of Pub. L. 104-208 effective as if
included in the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of Pub.
L. 104-208, set out as a note under section 1101 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-416 applicable to aliens admitted to United
States under section 1101(a)(15)(J) of this title, or acquiring such
status after admission to United States, before, on, or after Oct. 25,
1994, and before June 1, 2004, see section 220(c) of Pub. L. 103-416, as
amended, set out as an Effective and Termination Dates of 1994
Amendments note under section 1182 of this title.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-182 effective on date the North American
Free Trade Agreement enters into force with respect to the United States
(Jan. 1, 1994), see section 342 of Pub. L. 103-182, set out as a note
under section 3401 of Title 19, Customs Duties.
Effective Date of 1991 Amendment
Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a),
(c)(2), 207(a), (c)(1) of Pub. L. 102-232 effective Apr. 1, 1992, see
section 208 of Pub. L. 102-232, set out as a note under section 1101 of
this title.
Amendment by section 303(a)(10)-(12) of Pub. L. 102-232 effective as
if included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under
section 1101 of this title.
Effective Date of 1990 Amendment
Amendment by section 202(a) of Pub. L. 101-649 effective 60 days
after Nov. 29, 1990, see section 202(c) of Pub. L. 101-649, set out as a
note under section 1182 of this title.
Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of
Pub. L. 101-649 effective Oct. 1, 1991, see section 231 of Pub. L. 101-
649, set out as a note under section 1101 of this title.
Effective and Termination Dates of 1988 Amendments
Amendment by Pub. L. 100-525 effective as if included in enactment
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see
section 2(s) of Pub. L. 100-525, set out as an Effective Date of 1988
Amendment note under section 1101 of this title.
Amendment by Pub. L. 100-449 effective on the date the United
States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and
to cease to have effect on the date the Agreement ceases to be in force,
see section 501(a), (c) of Pub. L. 100-449, set out in a note under
section 2112 of Title 19, Customs Duties.
Effective Date of 1986 Amendments
Section 3(d)(1), (3) of Pub. L. 99-639 provided that:
``(1) The amendments made by subsection (a) [amending this section]
shall apply to petitions approved on or after the date of the enactment
of this Act [Nov. 10, 1986].
``(3) The amendment made by subsection (c) [amending this section]
shall apply to aliens issued visas under section 101(a)(15)(K) of the
Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(K)] on or after
the date of the enactment of this Act.''
Amendment by section 301(b) of Pub. L. 99-603 applicable to
petitions and applications filed under sections 1184(c) and 1188 of this
title on or after the first day of the seventh month beginning after
Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as amended, set out
as an Effective Date note under section 1188 of this title.
Transfer of Functions
United States Information Agency (other than Broadcasting Board of
Governors and International Broadcasting Bureau) abolished and functions
transferred to Secretary of State, see sections 6531 and 6532 of Title
22, Foreign Relations and Intercourse.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Additional Visas for Fiscal Years 1999 and 2000
Pub. L. 106-313, title I, Sec. 102(b), Oct. 17, 2000, 114 Stat.
1251, provided that:
``(1) In general.--(A) Notwithstanding section 214(g)(1)(A)(ii) of
the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the
total number of aliens who may be issued visas or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act [8
U.S.C. 1101(a)(15)(H)(i)(b)] in fiscal year 1999 is increased by a
number equal to the number of aliens who are issued such a visa or
provided such status during the period beginning on the date on which
the limitation in such section 214(g)(1)(A)(ii) is reached and ending on
September 30, 1999.
``(B) In the case of any alien on behalf of whom a petition for
status under section 101(a)(15)(H)(i)(b) is filed before September 1,
2000, and is subsequently approved, that alien shall be counted toward
the numerical ceiling for fiscal year 2000 notwithstanding the date of
the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii)
of the Immigration and Nationality Act, the total number of aliens who
may be issued visas or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased
by a number equal to the number of aliens who may be issued visas or
otherwise provided nonimmigrant status who filed a petition during the
period beginning on the date on which the limitation in such section
214(g)(1)(A)(iii) is reached and ending on August 31, 2000.
``(2) Effective date.--Paragraph (1) shall take effect as if
included in the enactment of section 411 of the American Competitiveness
and Workforce Improvement Act of 1998 (as contained in title IV of
division C of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; Public Law 105-277) [see Effective Date of
1998 Amendment note above].''
One-Time Protection Under Per Country Ceiling
Pub. L. 106-313, title I, Sec. 104(c), Oct. 17, 2000, 114 Stat.
1253, provided that: ``Notwithstanding section 214(g)(4) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
``(1) is the beneficiary of a petition filed under section
204(a) of that Act [8 U.S.C. 1154(a)] for a preference status under
paragraph (1), (2), or (3) of section 203(b) of that Act [8 U.S.C.
1153(b)]; and
``(2) is eligible to be granted that status but for application
of the per country limitations applicable to immigrants under those
paragraphs,
may apply for, and the Attorney General may grant, an extension of such
nonimmigrant status until the alien's application for adjustment of
status has been processed and a decision made thereon.''
Special Provisions in Cases of Lengthy Adjudications
Pub. L. 106-313, title I, Sec. 106(a), (b), Oct. 17, 2000, 114 Stat.
1253, 1254, as amended by Pub. L. 107-273, div. C, title I, Sec. 11030A,
Nov. 2, 2002, 116 Stat. 1836, provided that:
``(a) Exemption From Limitation.--The limitation contained in
section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(4)) with respect to the duration of authorized stay shall not
apply to any nonimmigrant alien previously issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such
Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), if 365 days or more have elapsed
since the filing of any of the following:
``(1) Any application for labor certification under section
212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), in a case in
which certification is required or used by the alien to obtain
status under section 203(b) of such Act (8 U.S.C. 1153(b)).
``(2) A petition described in section 204(b) of such Act (3
U.S.C. 1154(b)) [8 U.S.C. 1154(b)] to accord the alien a status
under section 203(b) of such Act.
``(b) Extension of H-1B Worker Status.--The Attorney General shall
extend the stay of an alien who qualifies for an exemption under
subsection (a) in one-year increments until such time as a final
decision is made--
``(1) to deny the application described in subsection (a)(1),
or, in a case in which such application is granted, to deny a
petition described in subsection (a)(2) filed on behalf of the alien
pursuant to such grant;
``(2) to deny the petition described in subsection (a)(2); or
``(3) to grant or deny the alien's application for an immigrant
visa or for adjustment of status to that of an alien lawfully
admitted for permanent residence.''
Exclusion of Certain ``J'' Nonimmigrants From Numerical Limitations
Applicable To ``H-1B'' Nonimmmigrants
Pub. L. 106-313, title I, Sec. 114, Oct. 17, 2000, 114 Stat. 1262,
provided that: ``The numerical limitations contained in section 102 of
this title [amending this section and enacting provisions set out as a
note above] shall not apply to any nonimmigrant alien granted a waiver
that is subject to the limitation contained in paragraph (1)(B) of the
first section 214(l) of the Immigration and Nationality Act [8 U.S.C.
1184(l)] (relating to restrictions on waivers).''
Improving Count of H-1B and H-2B Nonimmigrants
Pub. L. 105-277, div. C, title IV, Sec. 416, Oct. 21, 1998, 112
Stat. 2681-655, provided that:
``(a) Ensuring Accurate Count.--The Attorney General shall take such
steps as are necessary to maintain an accurate count of the number of
aliens subject to the numerical limitations of section 214(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) who are issued
visas or otherwise provided nonimmigrant status.
``(b) Revision of Petition Forms.--The Attorney General shall take
such steps as are necessary to revise the forms used for petitions for
visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) so as to ensure that the forms provide the Attorney
General with sufficient information to permit the Attorney General
accurately to count the number of aliens subject to the numerical
limitations of section 214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who
are issued visas or otherwise provided nonimmigrant status.
``(c) Provision of Information.--
``(1) Quarterly notification.--Beginning not later than 60 days
after the first day of fiscal year 1999, the Attorney General shall
notify, on a quarterly basis, the Committees on the Judiciary of the
United States House of Representatives and the Senate of the numbers
of aliens who were issued visas or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) of the Immigration and
Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] during the preceding
3-month period.
``(2) Annual submission.--Beginning with fiscal year 2000, the
Attorney General shall submit on an annual basis, to the Committees
on the Judiciary of the United States House of Representatives and
the Senate, information on the countries of origin and occupations
of, educational levels attained by, and compensation paid to, aliens
who were issued visas or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality
Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] during the previous fiscal year.
With respect to the first submission under this paragraph, the
information shall relate solely to aliens provided nonimmigrant
status after the date that is 60 days after the date on which final
regulations are issued to carry out section 412(a) [amending section
1182 of this title].
``(3) Specification of number of petitions filed by certain
employers.--Each notification under paragraph (1), and each
submission under paragraph (2), shall include the number of aliens
who were issued visas or otherwise provided nonimmigrant status
pursuant to petitions filed by institutions or organizations
described in section 212(p)(1) of the Immigration and Nationality
Act [8 U.S.C. 1182(p)(1)] (as added by section 415 of this title).''
Reporting on Studies Showing Economic Impact of H-1B Nonimmigrant
Increase
Pub. L. 105-277, div. C, title IV, Sec. 418(b), Oct. 21, 1998, 112
Stat. 2681-657, provided that: ``The Chairman of the Board of Governors
of the Federal Reserve System, the Director of the Office of Management
and Budget, the Chair of the Council of Economic Advisers, the Secretary
of the Treasury, the Secretary of Commerce, the Secretary of Labor, and
any other member of the Cabinet, shall promptly report to the Congress
the results of any reliable study that suggests, based on legitimate
economic analysis, that the increase effected by section 411(a) of this
title [amending this section] in the number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(H)(i)(b)] has had an impact on any national economic
indicator, such as the level of inflation or unemployment, that warrants
action by the Congress.''
Deadline for First Report With Respect to Petitions
Section 207(c)(2) of Pub. L. 102-232 provided that: ``The first
report under section 214(c)(8) of the Immigration and Nationality Act [8
U.S.C. 1184(c)(8)] shall be provided not later than April 1, 1993.''
Delay Until April 1, 1992, in Application of Subsection (g)(1)(C) of
This Section
See section 3 of Pub. L. 102-110, set out as a Delay Until April 1,
1992, in Implementation of Provisions Relating to Nonimmigrant Artists,
Athletes, Entertainers, and Fashion Models note under section 1101 of
this title.
Work Authorization During Pending Labor Disputes
Section 207(c) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(a)(13), Dec. 12, 1991, 105 Stat. 1748, provided
that:
``(1) In the case of an alien admitted as a nonimmigrant (other than
under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality
Act [8 U.S.C. 1101(a)(15)(H)(ii)(a)]) and who is authorized to be
employed in an occupation, if nonimmigrants constitute a majority of the
members of the bargaining unit in the occupation, during the period of
any strike or lockout in the occupation with the employer which strike
or lockout is pending on the date of the enactment of this Act [Nov. 29,
1990] the alien--
``(A) continues to be authorized to be employed in the
occupation for that employer, and
``(B) is authorized to be employed in any occupation for any
other employer so long as such strike or lockout continues with
respect to that occupation and employer.
``(2) In the case of an alien admitted as a nonimmigrant (other than
under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality
Act) and who is authorized to be employed in an occupation, if
nonimmigrants do not constitute a majority of the members of the
bargaining unit in the occupation, during the period of any strike or
lockout in the occupation with the employer which strike or lockout is
pending on the date of the enactment of this Act the alien--
``(A) is not authorized to be employed in the occupation for
that employer, and
``(B) is authorized to be employed in any occupation for any
other employer so long as there is no strike or lockout with respect
to that occupation and employer.
``(3) With respect to a nonimmigrant described in paragraph (1) or
(2) who does not perform unauthorized employment, any limit on the
period of authorized stay shall be extended by the period of the strike
or lockout, except that any such extension may not continue beyond the
maximum authorized period of stay.
``(4) The provisions of this subsection shall take effect on the
date of the enactment of this Act.''
Off-Campus Work Authorization for Students (F Nonimmigrants)
Section 221 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 303(b)(1), (2), Dec. 12, 1991, 105 Stat. 1748; Pub. L. 103-
416, title II, Sec. 215(a), Oct. 25, 1994, 108 Stat. 4315, provided
that:
``(a) 5-Year Provision.--With respect to work authorization for
aliens admitted as nonimmigrant students described in subparagraph (F)
of section 101(a)(15) of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)] during the 5-year period beginning October 1, 1991, the
Attorney General shall grant such an alien work authorization to be
employed off-campus if--
``(1) the alien has completed 1 academic year as such a
nonimmigrant and is maintaining good academic standing at the
educational institution,
``(2) the employer provides the educational institution and the
Secretary of Labor with an attestation that the employer (A) has
recruited for at least 60 days for the position and (B) will provide
for payment to the alien and to other similarly situated workers at
a rate equal to not less than the actual wage level for the
occupation at the place of employment or, if greater, the prevailing
wage level for the occupation in the area of employment, and
``(3) the alien will not be employed more than 20 hours each
week during the academic term (but may be employed on a full-time
basis during vacation periods and between academic terms).
If the Secretary of Labor determines that an employer has provided an
attestation under paragraph (2) that is materially false or has failed
to pay wages in accordance with the attestation, after notice and
opportunity for a hearing, the employer shall be disqualified from
employing an alien student under this subsection.
``(b) Report to Congress.--Not later than April 1, 1996, the
Commissioner of Immigration and Naturalization and the Secretary of
Labor shall prepare and submit to the Congress a report on--
``(1) whether the program of work authorization under subsection
(a) should be extended, and
``(2) the impact of such program on prevailing wages of
workers.''
Limitation on Admission of Aliens Seeking Employment in the Virgin
Islands
Notwithstanding any other provision of law, the Attorney General not
to be authorized, on or after Sept. 30, 1982, to approve any petition
filed under subsec. (c) of this section in the case of importing any
alien as a nonimmigrant under section 1101(a)(15)(H)(ii) of this title
for employment in the Virgin Islands of the United States other than as
an entertainer or as an athlete and for a period not exceeding 45 days,
see section 3 of Pub. L. 97-271, set out as a note under section 1255 of
this title.
Importation of Sheepherders; Termination of Quota Deductions
Quota deductions authorized by acts June 30, 1950, ch. 423, 64 Stat.
306; Apr. 9, 1952, ch. 171, 66 Stat. 50, terminated effective July 1,
1957.
Cancellation of Certain Nonimmigrant Departure Bonds
Pub. L. 85-531, July 18, 1958, 72 Stat. 375, authorized the Attorney
General, upon application made not later than July 18, 1963, to cancel
any departure bond posted pursuant to the Immigration Act of 1924, as
amended, or the Immigration and Nationality Act [this chapter], on
behalf of any refugee who entered the United States as a nonimmigrant
after May 6, 1945, and prior to July 1, 1953, and who had his
immigration status adjusted to that of an alien admitted for permanent
residence pursuant to any public or private law.
Section Referred to in Other Sections
This section is referred to in sections 1101, 1182, 1186a, 1187,
1188, 1201, 1255, 1356, 1571, 1574 of this title; title 22 section 7105;
title 26 section 3306; title 29 sections 1802, 2916a.