US Code-2011-Title 8

§ 1354

TITLE 8—ALIENS AND NATIONALITY

Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 109d of this title.
AMENDMENTS
1952—Act June 27, 1952, substituted ‘‘immigration officers’’ for ‘‘inspectors’’.
TRANSFER OF FUNCTIONS
Functions of all other officers of Department of Justice and functions of all agencies and employees of such
Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize
their performance or performance of any of his functions by any of such officers, agencies, and employees,
by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title
5, Government Organization and Employees. See sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.
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.

§ 1354. Applicability to members of the Armed
Forces
(a) Nothing contained in this subchapter shall
be construed so as to limit, restrict, deny, or affect the coming into or departure from the
United States of an alien member of the Armed
Forces of the United States who is in the uniform of, or who bears documents identifying him
as a member of, such Armed Forces, and who is
coming to or departing from the United States
under official orders or permit of such Armed
Forces: Provided, That nothing contained in this
section shall be construed to give to or confer
upon any such alien any other privileges, rights,
benefits, exemptions, or immunities under this
chapter, which are not otherwise specifically
granted by this chapter.
(b) If a person lawfully admitted for permanent residence is the spouse or child of a member of the Armed Forces of the United States, is
authorized to accompany the member and reside
abroad with the member pursuant to the member’s official orders, and is so accompanying and
residing with the member (in marital union if a
spouse), then the residence and physical presence of the person abroad shall not be treated
as—
(1) an abandonment or relinquishment of
lawful permanent resident status for purposes
of clause (i) of section 1101(a)(13)(C) of this
title; or
(2) an absence from the United States for
purposes of clause (ii) of such section.
(June 27, 1952, ch. 477, title II, ch. 9, § 284, 66 Stat.
232; Pub. L. 110–181, div. A, title VI, § 673, Jan. 28,
2008, 122 Stat. 185.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
2008—Pub. L. 110–181 designated existing provisions as
subsec. (a) and added subsec. (b).

Page 378

§ 1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts
(a) Subject to such conditions and limitations
as the Attorney General shall prescribe, all exclusive privileges of exchanging money, transporting passengers or baggage, keeping eating
houses, or other like privileges in connection
with any United States immigrant station, shall
be disposed of to the lowest responsible and capable bidder (other than an alien) in accordance
with the provision of section 6101 of title 41 and
for the use of Government property in connection with the exercise of such exclusive privileges a reasonable rental may be charged. The
feeding of aliens, or the furnishing of any other
necessary service in connection with any United
States immigrant station, may be performed by
the Service without regard to the foregoing provisions of this subsection if the Attorney General shall find that it would be advantageous to
the Government in terms of economy and efficiency. No intoxicating liquors shall be sold at
any immigrant station.
(b) Such articles determined by the Attorney
General to be necessary to the health and welfare of aliens detained at any immigrant station, when not otherwise readily procurable by
such aliens, may be sold at reasonable prices to
such aliens through Government canteens operated by the Service, under such conditions and
limitations as the Attorney General shall prescribe.
(c) All rentals or other receipts accruing from
the disposal of privileges, and all moneys arising
from the sale of articles through Service-operated canteens, authorized by this section, shall
be covered into the Treasury to the credit of the
appropriation for the enforcement of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, § 285, 66 Stat.
232.)
CODIFICATION
In subsec. (a), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes, as amended
(41 U.S.C. 5),’’ on authority of Pub. L. 111–350, § 6(c),
Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
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.

§ 1356. Disposition of moneys collected under the
provisions of this subchapter
(a) Detention, transportation, hospitalization,
and all other expenses of detained aliens; expenses of landing stations
All moneys paid into the Treasury to reimburse the Service for detention, transportation,
hospitalization, and all other expenses of detained aliens paid from the appropriation for the
enforcement of this chapter, and all moneys
paid into the Treasury to reimburse the Service
for expenses of landing stations referred to in
section 1223(b) of this title paid by the Service

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TITLE 8—ALIENS AND NATIONALITY

from the appropriation for the enforcement of
this chapter, shall be credited to the appropriation for the enforcement of this chapter for the
fiscal year in which the expenses were incurred.
(b) Purchase of evidence
Moneys expended from appropriations for the
Service for the purchase of evidence and subsequently recovered shall be reimbursed to the
current appropriation for the Service.
(c) Fees and administrative fines and penalties;
exception
Except as otherwise provided in subsection (a)
and subsection (b) of this section, or in any
other provision of this subchapter, all moneys
received in payment of fees and administrative
fines and penalties under this subchapter shall
be covered into the Treasury as miscellaneous
receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under section 1351 of this title,
shall be paid over to the Treasury of the Virgin
Islands and to the Treasury of Guam, respectively.
(d) Schedule of fees
In addition to any other fee authorized by law,
the Attorney General shall charge and collect $7
per individual for the immigration inspection of
each passenger arriving at a port of entry in the
United States, or for the preinspection of a passenger in a place outside of the United States
prior to such arrival, aboard a commercial aircraft or commercial vessel.
(e) Limitations on fees
(1) Except as provided in paragraph (3), no fee
shall be charged under subsection (d) of this section for immigration inspection or preinspection
provided in connection with the arrival of any
passenger, other than aircraft passengers, whose
journey originated in the following:
(A) Canada,
(B) Mexico,
(C) a State, territory or possession of the
United States, or
(D) any adjacent island (within the meaning
of section 1101(b)(5) of this title).
(2) No fee may be charged under subsection (d)
of this section with respect to the arrival of any
passenger—
(A) who is in transit to a destination outside
the United States, and
(B) for whom immigration inspection services are not provided.
(3) The Attorney General shall charge and collect $3 per individual for the immigration inspection or pre-inspection of each commercial
vessel passenger whose journey originated in the
United States or in any place set forth in paragraph (1): Provided, That this requirement shall
not apply to immigration inspection at designated ports of entry of passengers arriving by
ferry, or by Great Lakes vessels on the Great
Lakes and connecting waterways when operating on a regular schedule. For the purposes of
this paragraph, the term ‘‘ferry’’ means a vessel,
in other than ocean or coastwise service, having
provisions only for deck passengers and/or vehi-

§ 1356

cles, operating on a short run on a frequent
schedule between two points over the most direct water route, and offering a public service of
a type normally attributed to a bridge or tunnel.
(f) Collection
(1) Each person that issues a document or
ticket to an individual for transportation by a
commercial vessel or commercial aircraft into
the United States shall—
(A) collect from that individual the fee
charged under subsection (d) of this section at
the time the document or ticket is issued; and
(B) identify on that document or ticket the
fee charged under subsection (d) of this section
as a Federal inspection fee.
(2) If—
(A) a document or ticket for transportation
of a passenger into the United States is issued
in a foreign country; and
(B) the fee charged under subsection (d) of
this section is not collected at the time such
document or ticket is issued;
the person providing transportation to such passenger shall collect such fee at the time such
passenger departs from the United States and
shall provide such passenger a receipt for the
payment of such fee.
(3) The person who collects fees under paragraph (1) or (2) shall remit those fees to the Attorney General at any time before the date that
is thirty-one days after the close of the calendar
quarter in which the fees are collected, except
the fourth quarter payment for fees collected
from airline passengers shall be made on the
date that is ten days before the end of the fiscal
year, and the first quarter payment shall include any collections made in the preceding
quarter that were not remitted with the previous payment. Regulations issued by the Attorney General under this subsection with respect
to the collection of the fees charged under subsection (d) of this section and the remittance of
such fees to the Treasury of the United States
shall be consistent with the regulations issued
by the Secretary of the Treasury for the collection and remittance of the taxes imposed by
subchapter C of chapter 33 of title 26, but only to
the extent the regulations issued with respect to
such taxes do not conflict with the provisions of
this section.
(g) Provision of immigration inspection and preinspection services
Notwithstanding section 1353b of this title, or
any other provision of law, the immigration
services required to be provided to passengers
upon arrival in the United States on scheduled
airline flights shall be adequately provided when
needed and at no cost (other than the fees imposed under subsection (d) of this section) to airlines and airline passengers at:
(1) immigration serviced airports, and
(2) places located outside of the United
States at which an immigration officer is stationed for the purpose of providing such immigration services.
(h) Disposition of receipts
(1)(A) There is established in the general fund
of the Treasury a separate account which shall

§ 1356

TITLE 8—ALIENS AND NATIONALITY

be known as the ‘‘Immigration User Fee Account’’. Notwithstanding any other section of
this subchapter, there shall be deposited as offsetting receipts into the Immigration User Fee
Account all fees collected under subsection (d)
of this section, to remain available until expended..1 At the end of each 2-year period, beginning with the creation of this account, the Attorney General, following a public rulemaking
with opportunity for notice and comment, shall
submit a report to the Congress concerning the
status of the account, including any balances
therein, and recommend any adjustment in the
prescribed fee that may be required to ensure
that the receipts collected from the fee charged
for the succeeding two years equal, as closely as
possible, the cost of providing these services.
(B) Notwithstanding any other provisions of
law, all civil fines or penalties collected pursuant to sections 1253(c), 1321, and 1323 of this title
and all liquidated damages and expenses collected pursuant to this chapter shall be deposited in the Immigration User Fee Account.
(2)(A) The Secretary of the Treasury shall refund out of the Immigration User Fee Account
to any appropriation the amount paid out of
such appropriation for expenses incurred by the
Attorney General in providing immigration inspection and preinspection services for commercial aircraft or vessels and in—
(i) providing overtime immigration inspection services for commercial aircraft or vessels;
(ii) administration of debt recovery, including the establishment and operation of a national collections office;
(iii) expansion, operation and maintenance
of information systems for nonimmigrant control and debt collection;
(iv) detection of fraudulent documents used
by passengers traveling to the United States,
including training of, and technical assistance
to, commercial airline personnel regarding
such detection;
(v) providing detention and removal services
for inadmissible aliens arriving on commercial
aircraft and vessels and for any alien who is
inadmissible under section 1182(a) of this title
who has attempted illegal entry into the
United States through avoidance of immigration inspection at air or sea ports-of-entry;
and
(vi) providing removal and asylum proceedings at air or sea ports-of-entry for inadmissible aliens arriving on commercial aircraft
and vessels including immigration removal
proceedings resulting from presentation of
fraudulent documents and failure to present
documentation and for any alien who is inadmissible under section 1182(a) of this title who
has attempted illegal entry into the United
States through avoidance of immigration inspection at air or sea ports-of-entry.
The Attorney General shall provide for expenditures for training and assistance described in
clause (iv) in an amount, for any fiscal year, not
less than 5 percent of the total of the expenses
incurred that are described in the previous sentence.
1 So

in original.

Page 380

(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded
at least quarterly on the basis of estimates
made by the Attorney General of the expenses
referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the
extent prior estimates were in excess of, or less
than, the amount required to be refunded under
subparagraph (A).
(i) Reimbursement
Notwithstanding any other provision of law,
the Attorney General is authorized to receive
reimbursement from the owner, operator, or
agent of a private or commercial aircraft or vessel, or from any airport or seaport authority for
expenses incurred by the Attorney General in
providing immigration inspection services
which are rendered at the request of such person
or authority (including the salary and expenses
of individuals employed by the Attorney General to provide such immigration inspection
services). The Attorney General’s authority to
receive such reimbursement shall terminate immediately upon the provision for such services
by appropriation.
(j) Regulations
The Attorney General may prescribe such
rules and regulations as may be necessary to
carry out the provisions of this section.
(k) Advisory committee
In accordance with the provisions of the Federal Advisory Committee Act, the Attorney
General shall establish an advisory committee,
whose membership shall consist of representatives from the airline and other transportation
industries who may be subject to any fee or
charge authorized by law or proposed by the Immigration and Naturalization Service for the
purpose of covering expenses incurred by the Immigration and Naturalization Service. The advisory committee shall meet on a periodic basis
and shall advise the Attorney General on issues
related to the performance of the inspectional
services of the Immigration and Naturalization
Service. This advice shall include, but not be
limited to, such issues as the time periods during which such services should be performed, the
proper number and deployment of inspection officers, the level of fees, and the appropriateness
of any proposed fee. The Attorney General shall
give substantial consideration to the views of
the advisory committee in the exercise of his
duties.
(l) Report to Congress
In addition to the reporting requirements established pursuant to subsection (h) of this section, the Attorney General shall prepare and
submit annually to the Congress, not later than
March 31st of each year, a statement of the financial condition of the ‘‘Immigration User Fee
Account’’ including beginning account balance,
revenues, withdrawals and their purpose, ending
balance, projections for the ensuing fiscal year
and a full and complete workload analysis showing on a port by port basis the current and projected need for inspectors. The statement shall
indicate the success rate of the Immigration and

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TITLE 8—ALIENS AND NATIONALITY

Naturalization Service in meeting the forty-five
minute inspection standard and shall provide detailed statistics regarding the number of passengers inspected within the standard, progress
that is being made to expand the utilization of
United States citizen by-pass, the number of
passengers for whom the standard is not met
and the length of their delay, locational breakdown of these statistics and the steps being
taken to correct any nonconformity.
(m) Immigration Examinations Fee Account
Notwithstanding any other provisions of law,
all adjudication fees as are designated by the
Attorney General in regulations shall be deposited as offsetting receipts into a separate account entitled ‘‘Immigration Examinations Fee
Account’’ in the Treasury of the United States,
whether collected directly by the Attorney General or through clerks of courts: Provided, however, That all fees received by the Attorney General from applicants residing in the Virgin Islands of the United States, and in Guam, under
this subsection shall be paid over to the treasury of the Virgin Islands and to the treasury of
Guam: Provided further, That fees for providing
adjudication and naturalization services may be
set at a level that will ensure recovery of the
full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants. Such fees may also be set at a level that
will recover any additional costs associated with
the administration of the fees collected.
(n) Reimbursement of administrative expenses;
transfer of deposits to General Fund of
United States Treasury
All deposits into the ‘‘Immigration Examinations Fee Account’’ shall remain available until
expended to the Attorney General to reimburse
any appropriation the amount paid out of such
appropriation for expenses in providing immigration adjudication and naturalization services
and the collection, safeguarding and accounting
for fees deposited in and funds reimbursed from
the ‘‘Immigration Examinations Fee Account’’.
(o) Annual financial reports to Congress
The Attorney General shall prepare and submit annually to Congress statements of financial condition of the ‘‘Immigration Examinations Fee Account’’, including beginning account balance, revenues, withdrawals, and ending account balance and projections for the ensuing fiscal year.
(p) Additional effective dates
The provisions set forth in subsections (m),
(n), and (o) of this section apply to adjudication
and naturalization services performed and to related fees collected on or after October 1, 1988.
(q) Land Border Inspection Fee Account
(1)(A)(i) Notwithstanding any other provision
of law, the Attorney General is authorized to establish, by regulation, not more than 96 projects
under which a fee may be charged and collected
for inspection services provided at one or more
land border points of entry. Such projects may
include the establishment of commuter lanes to
be made available to qualified United States
citizens and aliens, as determined by the Attorney General.

§ 1356

(ii) This subparagraph shall take effect, with
respect to any project described in clause (1) 2
that was not authorized to be commenced before
September 30, 1996, 30 days after submission of a
written plan by the Attorney General detailing
the proposed implementation of such project.
(iii) The Attorney General shall prepare and
submit on a quarterly basis a status report on
each land border inspection project implemented under this subparagraph.
(B) The Attorney General, in consultation
with the Secretary of the Treasury, may conduct pilot projects to demonstrate the use of
designated ports of entry after working hours
through the use of card reading machines or
other appropriate technology.
(2) All of the fees collected under this subsection, including receipts for services performed in processing forms I–94, I–94W, and I–68,
and other similar applications processed at land
border ports of entry, shall be deposited as offsetting receipts in a separate account within the
general fund of the Treasury of the United
States, to remain available until expended. Such
account shall be known as the Land Border Inspection Fee Account.
(3)(A) The Secretary of the Treasury shall refund, at least on a quarterly basis amounts to
any appropriations for expenses incurred in providing inspection services at land border points
of entry. Such expenses shall include—
(i) the providing of overtime inspection services;
(ii) the expansion, operation and maintenance of information systems for nonimmigrant control;
(iii) the hire of additional permanent and
temporary inspectors;
(iv) the minor construction costs associated
with the addition of new traffic lanes (with
the concurrence of the General Services Administration);
(v) the detection of fraudulent documents
used by passengers travelling to the United
States;
(vi) providing for the administration of said
account.
(B) The amounts required to be refunded from
the Land Border Inspection Fee Account for fiscal years 1992 and thereafter shall be refunded in
accordance with estimates made in the budget
request of the Attorney General for those fiscal
years: Provided, That any proposed changes in
the amounts designated in said budget requests
shall only be made after notification to the
Committees on Appropriations of the House of
Representatives and the Senate in accordance
with section 606 of Public Law 101–162.
(4) The Attorney General will prepare and submit annually to the Congress statements of financial condition of the Land Border Immigration Fee Account, including beginning account
balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.
(r) Breached Bond/Detention Fund
(1) Notwithstanding any other provision of
law, there is established in the general fund of
2 So

in original. Probably should be clause ‘‘(i)’’.

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TITLE 8—ALIENS AND NATIONALITY

the Treasury a separate account which shall be
known as the Breached Bond/Detention Fund (in
this subsection referred to as the ‘‘Fund’’).
(2) There shall be deposited as offsetting receipts into the Fund all breached cash and surety bonds, in excess of $8,000,000, posted under
this chapter which are recovered by the Department of Justice, and amount 3 described in section 1255(i)(3)(b) 4 of this title.
(3) Such amounts as are deposited into the
Fund shall remain available until expended and
shall be refunded out of the Fund by the Secretary of the Treasury, at least on a quarterly
basis, to the Attorney General for the following
purposes—
(i) for expenses incurred in the collection of
breached bonds, and
(ii) for expenses associated with the detention of illegal aliens.
(4) The amounts required to be refunded from
the Fund for fiscal year 1998 and thereafter shall
be refunded in accordance with estimates made
in the budget request of the President for those
fiscal years. Any proposed changes in the
amounts designated in such budget requests
shall only be made after Congressional reprogramming notification in accordance with
the reprogramming guidelines for the applicable
fiscal year.
(5) The Attorney General shall prepare and
submit annually to the Congress, statements of
financial condition of the Fund, including the
beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the
ending balance.
(6) For fiscal year 1993 only, the Attorney General may transfer up to $1,000,000 from the Immigration User Fee Account to the Fund for initial
expenses necessary to enhance collection efforts:
Provided, That any such transfers shall be refunded from the Fund back to the Immigration
User Fee Account by December 31, 1993.
(s) H–1B Nonimmigrant Petitioner Account
(1) In general
There is established in the general fund of
the Treasury a separate account, which shall
be known as the ‘‘H–1B Nonimmigrant Petitioner Account’’. Notwithstanding any other
section of this subchapter, there shall be deposited as offsetting receipts into the account
all fees collected under paragraphs (9) and (11)
of section 1184(c) of this title.
(2) Use of fees for job training
50 percent of amounts deposited into the
H–1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor
until expended for demonstration programs
and projects described in section 2916a of title
29.
(3) Use of fees for low-income scholarship program
30 percent of the amounts deposited into the
H–1B Nonimmigrant Petitioner Account shall
remain available to the Director of the National Science Foundation until expended for
3 So
4 So

in original.
in original. Probably should be section ‘‘1255(i)(3)(B)’’.

Page 382

scholarships described in section 1869c of title
42 for low-income students enrolled in a program of study leading to a degree in mathematics, engineering, or computer science.
(4) National Science Foundation competitive
grant program for K–12 math, science and
technology education
(A) In general
10 percent of the amounts deposited into
the H–1B Nonimmigrant Petitioner Account
shall remain available to the Director of the
National Science Foundation until expended
to carry out a direct or matching grant program to support private-public partnerships
in K–12 education.
(B) Types of programs covered
The Director shall award grants to such
programs, including those which support the
development and implementation of standards-based instructional materials models
and related student assessments that enable
K–12 students to acquire an understanding of
science, mathematics, and technology, as
well as to develop critical thinking skills;
provide systemic improvement in training
K–12 teachers and education for students in
science, mathematics, and technology; support the professional development of K–12
math and science teachers in the use of technology in the classroom; stimulate systemwide K–12 reform of science, mathematics,
and technology in rural, economically disadvantaged regions of the United States;
provide externships and other opportunities
for students to increase their appreciation
and understanding of science, mathematics,
engineering, and technology (including summer institutes sponsored by an institution of
higher education for students in grades 7–12
that provide instruction in such fields); involve partnerships of industry, educational
institutions, and community organizations
to address the educational needs of disadvantaged communities; provide college
preparatory support to expose and prepare
students for careers in science, mathematics, engineering, and technology; and
provide for carrying out systemic reform activities under section 1862(a)(1) of title 42.
(5) Use of fees for duties relating to petitions
5 percent of the amounts deposited into the
H–1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Homeland Security until expended to carry out duties under paragraphs (1) and (9) of section
1184(c) of this title related to petitions made
for nonimmigrants described in section
1101(a)(15)(H)(i)(b) of this title, under paragraph (1)(C) or (D) of section 1154 5 of this title
related to petitions for immigrants described
in section 1153(b) of this title.
(6) Use of fees for application processing and
enforcement
For fiscal year 1999, 4 percent of the amounts
deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the
5 So

in original. Probably should be section ‘‘1154(a)’’.

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TITLE 8—ALIENS AND NATIONALITY

Secretary of Labor until expended for decreasing the processing time for applications under
section 1182(n)(1) of this title and for carrying
out section 1182(n)(2) of this title. Beginning
with fiscal year 2000, 5 percent of the amounts
deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the
Secretary of Labor until expended for decreasing the processing time for applications under
section 1182(n)(1) of this title and section
1182(a)(5)(A) of this title.
(t) Genealogy Fee
(1) There is hereby established the Genealogy
Fee for providing genealogy research and information services. This fee shall be deposited as
offsetting collections into the Examinations Fee
Account. Fees for such research and information
services may be set at a level that will ensure
the recovery of the full costs of providing all
such services.
(2) The Attorney General will prepare and submit annually to Congress statements of the financial condition of the Genealogy Fee.
(3) Any officer or employee of the Immigration
and Naturalization Service shall collect fees
prescribed under regulation before disseminating any requested genealogical information.
(u) Premium fee for employment-based petitions
and applications
The Attorney General is authorized to establish and collect a premium fee for employmentbased petitions and applications. This fee shall
be used to provide certain premium-processing
services to business customers, and to make infrastructure improvements in the adjudications
and customer-service processes. For approval of
the benefit applied for, the petitioner/applicant
must meet the legal criteria for such benefit.
This fee shall be set at $1,000, shall be paid in addition to any normal petition/application fee
that may be applicable, and shall be deposited as
offsetting collections in the Immigration Examinations Fee Account. The Attorney General
may adjust this fee according to the Consumer
Price Index.
(v) Fraud Prevention and Detection Account
(1) In general
There is established in the general fund of
the Treasury a separate account, which shall
be known as the ‘‘Fraud Prevention and Detection Account’’. Notwithstanding any other
provision of law, there shall be deposited as
offsetting receipts into the account all fees
collected under paragraph (12) or (13) of section 1184(c) of this title.
(2) Use of fees to combat fraud
(A) Secretary of State
One-third of the amounts deposited into
the Fraud Prevention and Detection Account shall remain available to the Secretary of State until expended for programs
and activities at United States embassies
and consulates abroad—
(i) to increase the number 6 diplomatic
security personnel assigned exclusively or
primarily to the function of preventing
6 So

in original. Probably should be followed by ‘‘of’’.

§ 1356

and detecting fraud by applicants for visas
described in subparagraph (H)(i), (H)(ii), or
(L) of section 1101(a)(15) of this title;
(ii) otherwise to prevent and detect visa
fraud, including primarily fraud by applicants for visas described in subparagraph
(H)(i), (H)(ii), or (L) of section 1101(a)(15) of
this title, in cooperation with the Secretary of Homeland Security or pursuant
to the terms of a memorandum of understanding or other agreement between the
Secretary of State and the Secretary of
Homeland Security; and
(iii) upon request by the Secretary of
Homeland Security, to assist such Secretary in carrying out the fraud prevention and detection programs and activities
described in subparagraph (B).
(B) Secretary of Homeland Security
One-third of the amounts deposited into
the Fraud Prevention and Detection Account shall remain available to the Secretary of Homeland Security until expended
for programs and activities to prevent and
detect immigration benefit fraud, including
fraud with respect to petitions filed under
paragraph (1) or (2)(A) of section 1184(c) of
this title to grant an alien nonimmigrant
status described in subparagraph (H) or (L)
of section 1101(a)(15) of this title.
(C) Secretary of Labor
One-third of the amounts deposited into
the Fraud Prevention and Detection Account shall remain available to the Secretary of Labor until expended for wage and
hour enforcement programs and activities
otherwise authorized to be conducted by the
Secretary of Labor that focus on industries
likely to employ nonimmigrants, including
enforcement programs and activities described in section 1182(n) of this title and enforcement programs and activities related to
section 1184(c)(14)(A)(i) of this title.
(D) Consultation
The Secretary of State, the Secretary of
Homeland Security, and the Secretary of
Labor shall consult one another with respect
to the use of the funds in the Fraud Prevention and Detection Account or for programs
and activities to prevent and detect fraud
with respect to petitions under paragraph (1)
or (2)(A) of section 1184(c) of this title to
grant an alien nonimmigrant status described in section 1101(a)(15)(H)(ii) of this
title.
(June 27, 1952, ch. 477, title II, ch. 9, § 286, 66 Stat.
232; Pub. L. 97–116, § 13, Dec. 29, 1981, 95 Stat.
1618; Pub. L. 99–500, § 101(b) [title II, § 205(a), formerly § 205], Oct. 18, 1986, 100 Stat. 1783–39,
1783–53, renumbered § 205(a), Pub. L. 100–525,
§ 4(a)(2)(A), Oct. 24, 1988, 102 Stat. 2615; Pub. L.
99–591, § 101(b) [title II, § 205], Oct. 30, 1986, 100
Stat. 3341–39, 3341–53; Pub. L. 99–653, § 7(d)(1),
Nov. 14, 1986, as added Pub. L. 100–525, § 8(f), Oct.
24, 1988, 102 Stat. 2617; Pub. L. 100–71, title I, § 1,
July 11, 1987, 101 Stat. 394; Pub. L. 100–459, title
II, § 209(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L.
100–525, § 4(a)(1), (d), Oct. 24, 1988, 102 Stat. 2614,
2615; Pub. L. 101–162, title II, Nov. 21, 1989, 103

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TITLE 8—ALIENS AND NATIONALITY

Stat. 1000; Pub. L. 101–515, title II, § 210(a), (d),
Nov. 5, 1990, 104 Stat. 2120, 2121; Pub. L. 102–232,
title III, § 309(a)(1)(A)(i), (B), (2), (b)(12), Dec. 12,
1991, 105 Stat. 1757–1759; Pub. L. 102–395, title I,
§ 112, Oct. 6, 1992, 106 Stat. 1843; Pub. L. 103–121,
title I, Oct. 27, 1993, 107 Stat. 1161; Pub. L.
103–416, title II, § 219(t), Oct. 25, 1994, 108 Stat.
4317; Pub. L. 104–208, div. C, title I, §§ 122(a),
124(a)(1), title III, §§ 308(d)(3)(A), (4)(K), (e)(1)(L),
(g)(1), 376(b), 382(b), title VI, § 671(b)(11), (e)(5),
(6), Sept. 30, 1996, 110 Stat. 3009–560, 3009–562,
3009–617 to 3009–619, 3009–622, 3009–648, 3009–651,
3009–722, 3009–723; Pub. L. 105–119, title I, § 110(1),
(2), Nov. 26, 1997, 111 Stat. 2457; Pub. L. 105–277,
div. A, § 101(b) [title I, § 114], div. C, title IV,
§ 414(b), Oct. 21, 1998, 112 Stat. 2681–50, 2681–68,
2681–652; Pub. L. 106–113, div. B, § 1000(a)(1) [title
I, § 118], Nov. 29, 1999, 113 Stat. 1535, 1501A–22;
Pub. L. 106–313, title I, §§ 110(a), 113, Oct. 17, 2000,
114 Stat. 1255, 1261; Pub. L. 106–553, § 1(a)(2) [title
I, § 112], Dec. 21, 2000, 114 Stat. 2762, 2762A–68;
Pub. L. 106–554, § 1(a)(1) [title I, § 106], Dec. 21,
2000, 114 Stat. 2763, 2763A–11; Pub. L. 107–77, title
I, §§ 109, 110, Nov. 28, 2001, 115 Stat. 765; Pub. L.
107–173, title IV, § 403(a), May 14, 2002, 116 Stat.
559; Pub. L. 107–206, title I, § 202, Aug. 2, 2002, 116
Stat. 832; Pub. L. 107–273, div. C, title I, § 11016(2),
Nov. 2, 2002, 116 Stat. 1824; Pub. L. 107–296, title
IV, § 457, Nov. 25, 2002, 116 Stat. 2201; Pub. L.
108–7, div. B, title I, § 108, div. L, § 107, Feb. 20,
2003, 117 Stat. 67, 532; Pub. L. 108–77, title IV,
§ 402(d)(2), Sept. 3, 2003, 117 Stat. 946; Pub. L.
108–447, div. J, title IV, §§ 426(b), 427, Dec. 8, 2004,
118 Stat. 3357, 3358; Pub. L. 109–13, div. A, title
VI, § 6046, div. B, title IV, § 403(b), May 11, 2005,
119 Stat. 295, 319; Pub. L. 109–472, § 2, Jan. 11, 2007,
120 Stat. 3554; Pub. L. 111–117, div. D, title V,
§ 524(a), Dec. 16, 2009, 123 Stat. 3283.)
AMENDMENT OF SECTION
For termination of amendment by section
107(c) of Pub. L. 108–77, see Effective and Termination Dates of 2003 Amendment note below.
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (h)(1)(B), and
(r)(2), was in the original, ‘‘this Act’’, meaning act June
27, 1952, ch. 477, 66 Stat. 163, known as the Immigration
and Nationality Act, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
1101 of this title and Tables.
Subchapter C of chapter 33 of title 26, referred to in
subsec. (f)(3), is classified to section 4261 et seq. of Title
26, Internal Revenue Code.
The Federal Advisory Committee Act, referred to in
subsec. (k), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
as amended, which is set out in the Appendix to Title
5, Government Organization and Employees.
Section 606 of Public Law 101–162, referred to in subsec. (q)(3)(B), is section 606 of Pub. L. 101–162, title VI,
Nov. 21, 1989, 103 Stat. 1031, which is not classified to
the Code.
AMENDMENTS
2009—Subsec. (v)(2)(B), (C). Pub. L. 111–117, which directed substitution of subpars. (B) and (C) for ‘‘subparagraphs (B) and (C) that appear within section 426(b) of
division J of’’ Pub. L. 108–447, was executed by adding
subpars. (B) and (C) to subsec. (v)(2) and striking out
former subpars. (B) and (C), to reflect the probable intent of Congress. See 2004 Amendment note below.
Prior to amendment, subpars. (B) and (C) read as follows:

Page 384

‘‘(B) SECRETARY OF HOMELAND SECURITY.—One-third of
the amounts deposited into the Fraud Prevention and
Detection Account shall remain available to the Secretary of Homeland Security until expended for programs and activities to prevent and detect fraud with
respect to petitions under paragraph (1) or (2)(A) of section 1184(c) of this title to grant an alien nonimmigrant
status described in subparagraph (H)(i), (H)(ii), or (L) of
section 1101(a)(15) of this title.
‘‘(C) SECRETARY OF LABOR.—One-third of the amounts
deposited into the Fraud Prevention and Detection Account shall remain available to the Secretary of Labor
until expended for enforcement programs and activities
described in section 1182(n) of this title.’’
2007—Subsec. (v)(2)(A)(i). Pub. L. 109–472, § 2(1), inserted ‘‘or primarily’’ after ‘‘exclusively’’.
Subsec. (v)(2)(A)(ii). Pub. L. 109–472, § 2(2), amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘otherwise to prevent and detect such fraud pursuant to the terms of a memorandum of understanding
or other cooperative agreement between the Secretary
of State and the Secretary of Homeland Security; and’’.
2005—Subsec. (s)(6). Pub. L. 109–13, § 6046, inserted
‘‘and section 1182(a)(5)(A) of this title’’ before period at
end.
Subsec. (v). Pub. L. 109–13, § 403(b)(2), struck out
‘‘H–1B and L’’ before ‘‘Fraud Prevention’’ in heading.
Subsec. (v)(1). Pub. L. 109–13, § 403(b)(1)(A), (B), struck
out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’ and substituted ‘‘paragraph (12) or (13) of section 1184(c) of this
title’’ for ‘‘section 1184(c)(12) of this title’’.
Subsec. (v)(2)(A). Pub. L. 109–13, § 403(b)(1)(A), struck
out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’ in introductory provisions.
Subsec. (v)(2)(A)(i). Pub. L. 109–13, § 403(b)(1)(C), substituted ‘‘(H)(i), (H)(ii),’’ for ‘‘(H)(i)’’.
Subsec. (v)(2)(B). Pub. L. 109–13, § 403(b)(1)(A), (C),
struck out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’
and substituted ‘‘(H)(i), (H)(ii),’’ for ‘‘(H)(i)’’.
Subsec. (v)(2)(C). Pub. L. 109–13, § 403(b)(1)(A), struck
out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’.
Subsec. (v)(2)(D). Pub. L. 109–13, § 403(b)(1)(A), (D),
struck out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’
and inserted ‘‘or for programs and activities to prevent
and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 1184(c) of this title to grant
an alien nonimmigrant status described in section
1101(a)(15)(H)(ii) of this title’’ before period at end.
2004—Subsec. (s)(2). Pub. L. 108–447, § 427(1), substituted ‘‘50 percent’’ for ‘‘55 percent’’.
Subsec. (s)(3). Pub. L. 108–447, § 427(2), substituted ‘‘30
percent’’ for ‘‘22 percent’’.
Subsec. (s)(4)(A). Pub. L. 108–447, § 427(3), substituted
‘‘10 percent’’ for ‘‘15 percent’’.
Subsec. (s)(5). Pub. L. 108–447, § 427(4), substituted ‘‘5
percent’’ for ‘‘4 percent’’ and ‘‘Secretary of Homeland
Security’’ for ‘‘Attorney General’’.
Subsec. (s)(6). Pub. L. 108–447, § 427(5), substituted
‘‘Beginning with fiscal year 2000, 5 percent of the
amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary
of Labor until expended for decreasing the processing
time for applications under section 1182(n)(1) of this
title’’ for ‘‘Beginning with fiscal year 2000, 2 percent of
the amounts deposited into the H–1B Nonimmigrant
Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 1182(n)(1) of
this title and section 1182(a)(5)(A) of this title, and 2
percent of such amounts shall remain available to such
Secretary until expended for carrying out section
1182(n)(2) of this title. Notwithstanding the preceding
sentence, both of the amounts made available for any
fiscal year (beginning with fiscal year 2000) pursuant to
the preceding sentence shall be available to such Secretary, and shall remain available until expended, only
for decreasing the processing time for applications
under section 1182(n)(1) of this title until the Secretary
submits to the Congress a report containing a certification that, during the most recently concluded cal-

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TITLE 8—ALIENS AND NATIONALITY

endar year, the Secretary substantially complied with
the requirement in section 1182(n)(1) of this title relating to the provision of the certification described in
section 1101(a)(15)(H)(i)(b) of this title within a 7-day
period’’.
Subsec. (v). Pub. L. 108–447, § 426(b), added subsec. (v).
2003—Subsec. (e)(3). Pub. L. 108–7, § 108, added par. (3)
and struck out former par. (3) which read as follows:
‘‘The Attorney General shall charge and collect $3 per
individual for the immigration inspection or pre-inspection of each commercial vessel passenger whose
journey originated in the United States or in any place
set forth in paragraph (1): Provided, That this requirement shall not apply to immigration inspection at designated ports of entry of passengers arriving by the following vessels, when operating on a regular schedule:
Great Lakes international ferries, or Great Lakes Vessels on the Great Lakes and connecting waterways.’’
Subsec. (m). Pub. L. 108–7, § 107, repealed Pub. L.
107–296, § 457. See 2002 Amendment note below.
Subsec. (s)(1). Pub. L. 108–77, §§ 107(c), 402(d)(2), temporarily substituted ‘‘paragraphs (9) and (11) of section
1184(c) of this title’’ for ‘‘section 1184(c)(9) of this title’’.
See Effective and Termination Dates of 2003 Amendment note below.
2002—Subsec. (e)(3). Pub. L. 107–206 substituted
‘‘shall’’ for ‘‘is authorized to’’ and ‘‘requirement’’ for
‘‘authorization’’.
Subsec. (g). Pub. L. 107–173 struck out ‘‘, within
forty-five minutes of their presentation for inspection,’’ after ‘‘adequately provided’’ in introductory provisions.
Subsec. (m). Pub. L. 107–296, § 457, which directed the
substitution of ‘‘such services.’’ for ‘‘such services, including the costs of similar services provided without
charge to asylum applicants or other immigrants.’’,
was repealed by Pub. L. 108–7, § 107.
Subsec. (q)(2). Pub. L. 107–273 inserted ‘‘, including receipts for services performed in processing forms I–94,
I–94W, and I–68, and other similar applications processed at land border ports of entry,’’ after ‘‘subsection’’.
2001—Subsec. (d). Pub. L. 107–77, § 109(1), substituted
‘‘$7’’ for ‘‘$6’’.
Subsec. (e)(1). Pub. L. 107–77, § 109(2), substituted ‘‘Except as provided in paragraph (3), no’’ for ‘‘No’’.
Subsec. (e)(3). Pub. L. 107–77, § 109(3), added par. (3).
Subsec. (q)(1)(A)(i). Pub. L. 107–77, § 110, which directed the substitution of ‘‘96’’ for ‘‘6’’ in section
286(q)(1)(A) of the Immigration and Nationality Act of
1953, was executed by making the substitution in section 286(q)(1)(A) of the Immigration and Nationality
Act to reflect the probable intent of Congress.
2000—Subsec. (s)(2). Pub. L. 106–313, § 110(a)(1), substituted ‘‘55 percent’’ for ‘‘56.3 percent’’.
Subsec. (s)(3). Pub. L. 106–313, § 113(b), provided that
in the amendment made by section 110(a)(2) of Pub. L.
106–313 the figure to be inserted is deemed to be ‘‘22 percent’’. See below.
Pub. L. 106–313, § 110(a)(2), substituted ‘‘23.5 percent’’
for ‘‘28.2 percent’’. See above.
Subsec. (s)(4). Pub. L. 106–313, § 110(a)(3), amended
heading and text of par. (4) generally. Prior to amendment, text read as follows:
‘‘(A) GRANTS FOR MATHEMATICS, ENGINEERING, OR
SCIENCE
ENRICHMENT
COURSES.—4
percent of the
amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director
of the National Science Foundation until expended to
make merit-reviewed grants, under section 1862(a)(1) of
title 42, for programs that provide opportunities for enrollment in year-round academic enrichment courses in
mathematics, engineering, or science.
‘‘(B) SYSTEMIC REFORM ACTIVITIES.—4 percent of the
amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director
of the National Science Foundation until expended to
carry out systemic reform activities administered by
the National Science Foundation under section
1862(a)(1) of title 42.’’

§ 1356

Subsec. (s)(5). Pub. L. 106–313, § 113(a), amended text of
par. (5) generally. Prior to amendment, text read as follows: ‘‘1.5 percent of the amounts deposited into the
H–1B Nonimmigrant Petitioner Account shall remain
available to the Attorney General until expended to
carry out duties under paragraphs (1) and (9) of section
1184(c) of this title related to petitions made for nonimmigrants described in section 1101(a)(15)(H)(i)(b) of
this title, to decrease the processing time for such petitions, and to carry out duties under section 416 of the
American Competitiveness and Workforce Improvement Act of 1998. Such amounts shall be available in
addition to any other fees authorized to be collected by
the Attorney General with respect to such petitions.’’
Subsec. (s)(6). Pub. L. 106–554, which directed amendment of section 286(s)(6) of the Immigration and Naturalization Act by inserting ‘‘and section 1182(a)(5)(A) of
this title’’ after ‘‘decreasing the processing time for applications under section 1182(n)(1) of this title’’, was executed by making the amendment to subsec. (s)(6) of
this section, which is section 286 of the Immigration
and Nationality Act, to reflect the probable intent of
Congress.
Pub. L. 106–313, § 113(b), provided that in the amendments made by section 110(a)(4) and (5) of Pub. L.
106–313 the figures to be inserted are deemed to be ‘‘4
percent’’ and ‘‘2 percent’’, respectively. See below.
Pub. L. 106–313, § 110(a)(4), substituted ‘‘5 percent’’ for
‘‘6 percent’’. See above.
Pub. L. 106–313, § 110(a)(5), substituted ‘‘2.5 percent’’
for ‘‘3 percent’’ in two places. See above.
Subsecs. (t), (u). Pub. L. 106–553 added subsecs. (t) and
(u).
1999—Subsec. (q)(1)(A)(ii) to (iv). Pub. L. 106–113,
which directed amendment of section 286(q)(1)(A) of the
Immigration and Nationality Act of 1953 by striking
out cl. (ii), redesignating cl. (iii) as (ii), striking out
‘‘, until September 30, 2000,’’ after ‘‘submit on a quarterly basis’’ in cl. (iv), and redesignating cl. (iv) as (iii),
was executed by making the amendment to this section, which is section 286 of the Immigration and Nationality Act, to reflect the probable intent of Congress. Prior to amendment, cl. (ii) read as follows: ‘‘The
program authorized in this subparagraph shall terminate on September 30, 2000, unless further authorized by
an Act of Congress.’’
1998—Subsec. (e)(1)(C). Pub. L. 105–277, § 101(b) [title I,
§ 114], inserted ‘‘State,’’ before ‘‘territory’’.
Subsec. (s). Pub. L. 105–277, § 414(b), added subsec. (s).
1997—Subsec. (r)(2). Pub. L. 105–119, § 110(2)(A), inserted ‘‘, and amount described in section 1255(i)(3)(b)
of this title’’ after ‘‘recovered by the Department of
Justice’’.
Subsec. (r)(3). Pub. L. 105–119, § 110(2)(B), substituted
‘‘Attorney General’’ for ‘‘Immigration and Naturalization Service’’ in introductory provisions.
Subsec. (r)(4). Pub. L. 105–119, § 110(2)(C), added par. (4)
and struck out former par. (4) which read as follows:
‘‘The amount required to be refunded from the Fund for
fiscal year 1994 and thereafter shall be refunded in accordance with estimates made in the budget request of
the Attorney General for those fiscal years: Provided,
That any proposed changes in the amounts designated
in said budget requests shall only be made after notification to the Committees on Appropriations of the
House of Representatives and the Senate in accordance
with section 606 of Public Law 102–395.’’
Subsec. (s). Pub. L. 105–119, § 110(1), struck out heading and text of subsec. (s) which established Immigration Detention Account in general fund of the Treasury
to be drawn upon to refund to any appropriation
amounts paid out for expenses incurred by Attorney
General for detention of aliens.
1996—Subsec. (a). Pub. L. 104–208, § 308(g)(1), substituted ‘‘section 1223(b)’’ for ‘‘section 1228(b)’’.
Subsec. (h)(1)(A). Pub. L. 104–208, § 671(e)(5), inserted
period after ‘‘expended’’.
Subsec. (h)(1)(B). Pub. L. 104–208, § 382(b), substituted
‘‘1253(c), 1321,’’ for ‘‘1321’’.
Subsec. (h)(2)(A). Pub. L. 104–208, § 124(a)(1)(B), inserted concluding provisions ‘‘The Attorney General

§ 1356

TITLE 8—ALIENS AND NATIONALITY

shall provide for expenditures for training and assistance described in clause (iv) in an amount, for any fiscal year, not less than 5 percent of the total of the expenses incurred that are described in the previous sentence.’’
Subsec. (h)(2)(A)(iv). Pub. L. 104–208, § 671(e)(6)(A),
struck out ‘‘and’’ at end.
Pub. L. 104–208, § 124(a)(1)(A), inserted ‘‘, including
training of, and technical assistance to, commercial
airline personnel regarding such detection’’ after
‘‘United States’’.
Subsec. (h)(2)(A)(v). Pub. L. 104–208, § 671(e)(6)(B)–(E),
struck out colon after ‘‘services for’’, substituted ‘‘and
for any alien’’ for ‘‘; and any alien’’, adjusted margins,
and substituted ‘‘entry; and’’ for ‘‘entry.’’ at end.
Pub. L. 104–208, § 308(e)(1)(L), substituted ‘‘removal’’
for ‘‘deportation’’.
Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmissible’’ for ‘‘excludable’’ in two places.
Subsec. (h)(2)(A)(vi). Pub. L. 104–208, § 671(e)(6)(B)–(D),
struck out colon after ‘‘ports-of-entry for’’, substituted
‘‘and for any alien’’ for ‘‘; and any alien’’, and adjusted
margins.
Pub. L. 104–208, § 308(d)(4)(K), substituted ‘‘removal’’
for ‘‘exclusion’’ in two places.
Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmissible’’ for ‘‘excludable’’ in two places.
Subsec. (q)(1). Pub. L. 104–208, § 122(a)(1), added par. (1)
and struck out heading and text of former par. (1). Text
read as follows: ‘‘Notwithstanding any other provision
of law, the Attorney General is authorized to establish,
by regulation, a project under which a fee may be
charged and collected for inspection services provided
at one or more land border points of entry. Such
project may include the establishment of commuter
lanes to be made available to qualified United States
citizens and aliens, as determined by the Attorney General.’’
Subsec. (q)(5). Pub. L. 104–208, § 122(a)(2), struck out
par. (5) which read as follows:
‘‘(5)(A) The program authorized in this subsection
shall terminate on September 30, 1993, unless further
authorized by an Act of Congress.
‘‘(B) The provisions set forth in this subsection shall
take effect 30 days after submission of a written plan
by the Attorney General detailing the proposed implementation of the project specified in paragraph (1).
‘‘(C) If implemented, the Attorney General shall prepare and submit on a quarterly basis, until September
30, 1993, a status report on the land border inspection
project.’’
Subsec. (r)(4), (6). Pub. L. 104–208, § 671(b)(11), substituted ‘‘the Fund’’ for ‘‘Fund’’ wherever appearing.
Subsec. (s). Pub. L. 104–208, § 376(b), added subsec. (s).
1994—Subsec. (r). Pub. L. 103–416, § 219(t)(1), substituted ‘‘Fund’’ for ‘‘Account’’ in heading.
Subsec. (r)(1). Pub. L. 103–416, § 219(t)(2), substituted
‘‘(in this subsection referred to as the ‘Fund’)’’ for
‘‘(hereafter referred to as the Fund)’’.
Subsec. (r)(2). Pub. L. 103–416, § 219(t)(3), made technical amendment to reference to this chapter involving
corresponding provision of original act.
Subsec. (r)(4). Pub. L. 103–416, § 219(t)(4), struck out
‘‘the Breached Bond/Detention’’ before ‘‘Fund’’.
Pub. L. 103–416, § 219(t)(5), substituted ‘‘of Public Law
102–395’’ for ‘‘of this Act’’.
Subsec. (r)(5). Pub. L. 103–416, § 219(t)(6), substituted
‘‘Fund’’ for ‘‘account’’ after ‘‘condition of the’’.
Subsec. (r)(6). Pub. L. 103–416, § 219(t)(4), struck out
‘‘the Breached Bond/Detention’’ before ‘‘Fund’’ in two
places.
1993—Subsec. (d). Pub. L. 103–121 substituted ‘‘$6’’ for
‘‘$5’’.
Subsec. (h)(2)(A)(v), (vi). Pub. L. 103–121, which directed the amendment of subpar. (A) by ‘‘deleting subsection (v)’’ and adding new cls. (v) and (vi), was executed by adding cls. (v) and (vi) and striking out former
cl. (v) which read as follows: ‘‘providing detention and
deportation services for excludable aliens arriving on
commercial aircraft and vessels.’’, to reflect the probable intent of Congress.

Page 386

1992—Subsec. (r). Pub. L. 102–395 added subsec. (r).
1991—Subsec. (e)(1)(D). Pub. L. 102–232, § 309(b)(12),
made an amendment to reference to section 1101(b)(5) of
this title involving corresponding provision of original
act.
Subsec. (f)(3). Pub. L. 102–232, § 309(a)(2)(B), made
technical correction to directory language of Pub. L.
101–515, § 210(a)(2). See 1990 Amendment note below.
Subsec. (h)(1)(A). Pub. L. 102–232, § 309(a)(2)(A)(i), inserted a period after ‘‘available until expended’’.
Subsec. (m). Pub. L. 102–232, § 309(a)(2)(A)(ii), substituted ‘‘additional’’ for ‘‘additonal’’.
Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See
1988 Amendment note below.
Subsec. (n). Pub. L. 102–232, § 309(a)(1)(B), amended directory language of Pub. L. 101–162. See 1989 Amendment note below.
Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See
1988 Amendment note below.
Subsec. (o). Pub. L. 102–232, § 309(a)(1)(A)(i)(II), substituted ‘‘shall’’ for ‘‘will’’.
Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See
1988 Amendment note below.
Subsec. (p). Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made
technical correction to directory language of Pub. L.
100–459. See 1988 Amendment note below.
Subsec. (q)(2). Pub. L. 102–232, § 309(a)(2)(A)(iii), realigned margin.
Subsec. (q)(3)(A). Pub. L. 102–232, § 309(a)(2)(A)(iii),
(iv), inserted ‘‘the’’ after ‘‘The Secretary of’’ and realigned margin.
Subsec. (q)(5)(B). Pub. L. 102–232, § 309(a)(2)(A)(v), substituted ‘‘paragraph (1)’’ for ‘‘subsection (q)(1)’’.
1990—Subsec. (e)(1). Pub. L. 101–515, § 210(a)(1), inserted ‘‘, other than aircraft passengers,’’ after ‘‘arrival of any passenger’’.
Subsec. (f)(3). Pub. L. 101–515, § 210(a)(2), as amended
by Pub. L. 102–232, § 309(a)(2)(B), inserted ‘‘, except the
fourth quarter payment for fees collected from airline
passengers shall be made on the date that is ten days
before the end of the fiscal year, and the first quarter
payment shall include any collections made in the preceding quarter that were not remitted with the previous payment’’ after ‘‘in which the fees are collected’’.
Subsec. (g). Pub. L. 101–515, § 210(a)(3), inserted
‘‘, within forty-five minutes of their presentation for
inspection,’’ before ‘‘when needed and’’.
Subsec. (h)(1)(A). Pub. L. 101–515, § 210(a)(4), substituted ‘‘There is established in the general fund of the
Treasury a separate account which shall be known as
the ‘Immigration User Fee Account’. Notwithstanding
any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration
User Fee Account all fees collected under subsection (d)
of this section, to remain available until expended’’ for
‘‘All of the fees collected under subsection (d) of this
section shall be deposited in a separate account within
the general fund of the Treasury of the United States,
to remain available until expended. Such account shall
be known as the ‘Immigration User Fee Account’.’’
Subsec. (l). Pub. L. 101–515, § 210(a)(5), added subsec.
(l).
Subsec. (m). Pub. L. 101–515, § 210(d)(1), (2), inserted
‘‘as offsetting receipts’’ after ‘‘shall be deposited’’ and
inserted before period at end ‘‘: Provided further, That
fees for providing adjudication and naturalization services may be set at a level that will ensure recovery of
the full costs of providing all such services, including
the costs of similar services provided without charge to
asylum applicants or other immigrants. Such fees may
also be set at a level that will recover any additonal
[sic] costs associated with the administration of the
fees collected’’.
Subsec. (q). Pub. L. 101–515, § 210(d)(3), added subsec.
(q).
1989—Subsec. (n). Pub. L. 101–162, as amended by Pub.
L. 102–232, § 309(a)(1)(B), struck out ‘‘in excess of

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TITLE 8—ALIENS AND NATIONALITY

$50,000,000’’ before ‘‘shall remain available’’ and struck
out after first sentence ‘‘At least annually, deposits in
the amount of $50,000,000 shall be transferred from the
‘Immigration Examinations Fee Account’ to the General Fund of the Treasury of the United States.’’
1988—Subsec. (a). Pub. L. 100–525, § 8(f), added Pub. L.
99–653, § 7(d)(1). See 1986 Amendment note below.
Subsecs. (d) to (l). Pub. L. 100–525, § 4(a)(2)(A), (d),
amended Pub. L. 99–500 and Pub. L. 99–591. See 1986
Amendment note below.
Subsec. (f)(3). Pub. L. 100–525, § 4(a)(1)(A), substituted
‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was
translated as ‘‘title 26’’ thus requiring no change in
text.
Subsec. (g). Pub. L. 100–525, § 4(a)(1)(B), substituted
‘‘section 1353b of this title’’ for ‘‘section 1353(a) of this
title’’.
Subsec. (h)(1)(A). Pub. L. 100–525, § 4(a)(1)(C)(i),
amended that portion of the first sentence of subpar.
(A) following ‘‘Treasury of the United States’’ so as to
read ‘‘, to remain available until expended’’. See 1987
Amendment note below.
Pub. L. 100–525, § 4(a)(1)(C)(ii), substituted ‘‘Fee Account’.’’ for ‘‘Fee Account.’ ’’
Subsec. (h)(1)(B). Pub. L. 100–525, § 4(a)(1)(C)(iii)–(v),
substituted ‘‘civil fines or penalties’’ for ‘‘fines, penalties, liquidated damages or expenses’’, inserted ‘‘and
all liquidated damages and expenses collected pursuant
to this chapter’’ after ‘‘this title’’, and struck out
quotation marks before and after the term ‘‘Immigration User Fee Account’’.
Subsec. (h)(2)(A). Pub. L. 100–525, § 4(a)(1)(C)(vi), substituted ‘‘vessels and in—’’ for ‘‘vessels and:’’ in introductory provisions and inserted ‘‘and’’ at end of cl. (iv).
Subsec. (i). Pub. L. 100–525, § 4(a)(1)(D), inserted ‘‘Reimbursement’’ as heading.
Subsec. (l). Pub. L. 100–525, § 4(a)(1)(E), struck out subsec. (l) which read as follows:
‘‘(1) The provisions of this section and the amendments made by this section, shall apply with respect to
immigration inspection services rendered after November 30, 1986.
‘‘(2) Fees may be charged under subsection (d) of this
section only with respect to immigration inspection
services rendered in regard to arriving passengers using
transportation for which documents or tickets were issued after November 30, 1986.’’
Subsecs. (m) to (p). Pub. L. 100–459, as amended by
Pub. L. 102–232, § 309(a)(1)(A)(i)(I), added subsecs. (m) to
(p).
1987—Subsec. (h)(1)(A). Pub. L. 100–71, directed the
general amendment of first sentence of section
205(h)(1)(A) of the Departments of Commerce, Justice,
and State, and the Judiciary and Related Agencies Appropriations Act, 1987, in Pub. L. 99–500 and Pub. L.
99–591. Section 205 of such act does not contain a subsec. (h)(1)(A) but did enact subsec. (h)(1)(A) of this section and had such amendment been executed to first
sentence of subsec. (h)(1)(A) of this section it would
have resulted in inserting ‘‘, to remain available until
expended’’ after ‘‘Treasury of the United States’’. See
1988 Amendment note above.
1986—Subsec. (a). Pub. L. 99–653, § 7(d)(1), as added by
Pub. L. 100–525, § 8(f), substituted ‘‘section 1228(b) of this
title’’ for ‘‘section 1228(c) of this title’’.
Subsecs. (d) to (l). Pub. L. 99–500, § 101(b) [title II,
§ 205(a), formerly § 205], as redesignated by Pub. L.
100–525, § 4(a)(2)(A), added subsecs. (d) to (l).
Pub. L. 99–591, § 101(b) [title II, § 205], a corrected version of Pub. L. 99–500, § 101(b) [title II, § 205(a)], was repealed by Pub. L. 100–525, § 4(d), effective as of Oct. 30,
1986.
1981—Subsecs. (b), (c). Pub. L. 97–116 added subsec. (b),
redesignated former subsec. (b) as (c), and inserted
‘‘and subsection (b)’’ after ‘‘subsection (a)’’.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–117, div. D, title V, § 524(b), Dec. 16, 2009,
123 Stat. 3284, provided that: ‘‘The amendment made by

§ 1356

subsection (a) [amending this section] shall take effect
on the date of the enactment of this Act [Dec. 16,
2009].’’
EFFECTIVE AND TERMINATION DATES OF 2005
AMENDMENT
Amendment by section 403(b) of Pub. L. 109–13 effective 14 days after May 11, 2005, and applicable to filings
for a fiscal year after fiscal year 2005, see section 403(c)
of Pub. L. 109–13, set out as a note under section 1184 of
this title.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by section 426(b) of Pub. L. 108–447 effective Dec. 8, 2004, and the fees imposed under such
amendment applicable to petitions under section
1184(c) of this title, and applications for nonimmigrant
visas under section 1202 of this title, filed on or after
the date that is 90 days after Dec. 8, 2004, see section
426(c) of Pub. L. 108–447, set out as a note under section
1184 of this title.
EFFECTIVE AND TERMINATION DATES OF 2003
AMENDMENT
Amendment by Pub. L. 108–77 effective on the date
the United States-Chile Free Trade Agreement enters
into force (Jan. 1, 2004), and ceases to be effective on
the date the Agreement ceases to be in force, see section 107 of Pub. L. 108–77, set out in a note under section 3805 of Title 19, Customs Duties.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 124(a)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply to expenses incurred during or after fiscal year 1997.’’
Amendment by section 308(d)(3)(A), (4)(K), (e)(1)(L),
(g)(1) 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 376(b) of Pub. L. 104–208 applicable to applications made on or after the end of the 90day period beginning Sept. 30, 1996, see section 376(c) of
Pub. L. 104–208, set out as a note under section 1255 of
this title.
Amendment by section 382(b) of Pub. L. 104–208 applicable to fines and penalties collected on or after Sept.
30, 1996, see section 382(c) of Pub. L. 104–208, set out as
a note under section 1330 of this title.
Amendment by section 671(b)(11) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994,
Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 219(t) of Pub. L. 103–416 provided that the
amendment made by that section is effective as if included in the enactment of Pub. L. 102–395.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 309(a)(3) of Pub. L. 102–232, as amended by
Pub. L. 103–416, title II, § 219(z)(6), Oct. 25, 1994, 108 Stat.
4318, provided that: ‘‘The amendments made by paragraphs (1)(A) [amending this section and section 1455 of
this title] and (1)(B) [amending this section] shall be effective as if they were included in the enactment of the
Department of Justice Appropriations Act, 1989 [Pub.
L. 100–459, title II] and the Department of Justice Appropriations Act, 1990 [Pub. L. 101–162, title II], respectively.’’

§ 1357

TITLE 8—ALIENS AND NATIONALITY
EFFECTIVE DATE OF 1990 AMENDMENT

Section 210(b) of Pub. L. 101–515 provided that: ‘‘The
amendment made by subsection (a)(1) of this section
[amending this section] shall apply to fees charged only
with respect to immigration inspection or preinspection services rendered in regard to arriving passengers using transportation for which documents or
tickets were issued after November 30, 1990.’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 4(a)(1), (2)(A) of Pub. L.
100–525 effective as if included in enactment of Department of Justice Appropriation Act, 1987 (as contained
in section 101(b) of Pub. L. 99–500), see section 4(c) of
Pub. L. 100–525, set out as a note under section 1222 of
this title.
Amendment by section 8(f) of Pub. L. 100–525 effective
as if included in the enactment of the Immigration and
Nationality Act Amendments of 1986, Pub. L. 99–653, see
section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note
under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by section 7(d)(1) of Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or
after Nov. 14, 1986, see section 23(a) of Pub. L. 99–653, set
out as a note under section 1101 of this title.
Pub. L. 99–500, § 101(b) [title II, § 205(b)], as added by
Pub. L. 100–525, § 4(a)(2)(B), Oct. 24, 1988, 102 Stat. 2615,
provided that:
‘‘(1) The amendments made by subsection (a) [amending this section] shall apply with respect to immigration inspection services rendered after November 30,
1986.
‘‘(2) Fees may be charged under section 286(d) of the
Immigration and Nationality Act [8 U.S.C. 1356(d)] only
with respect to immigration inspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after
November 30, 1986.’’

Page 388

‘‘The Secretary of Labor and the Director of the National Science Foundation shall—
‘‘(1) track and monitor the performance of programs receiving H–1B Nonimmigrant Fee grant
money; and
‘‘(2) not later than one year after the date of enactment of this subsection [Oct. 17, 2000], submit a report to the Committees on the Judiciary of the House
of Representatives and the Senate—[sic]
‘‘(A) the tracking system to monitor the performance of programs receiving H–1B grant funding; and
‘‘(B) the number of individuals who have completed training and have entered the high-skill
workforce through these programs.’’
DEPOSIT OF RECEIPTS FROM INCREASED CHARGE FOR
IMMIGRANT VISAS CAUSED BY PROCESSING FINGERPRINTS

Pub. L. 103–317, title V, Aug. 26, 1994, 108 Stat. 1760,
provided in part: ‘‘That hereafter all receipts received
from an increase in the charge for Immigrant Visas in
effect on September 30, 1994, caused by processing an
applicant’s fingerprints, shall be deposited in this account as an offsetting collection and shall remain
available until expended.’’
EXTENSION OF LAND BORDER FEE PILOT PROJECT

EFFECTIVE DATE OF 1981 AMENDMENT

Pub. L. 104–208, div. A, § 101(a) [title I], Sept. 30, 1996,
110 Stat. 3009, 3009–10, provided in part: ‘‘That the Land
Border Fee Pilot Project scheduled to end September
30, 1996 [see subsec. (q) of this section], is extended to
September 30, 1999, for projects on both the northern
and southern borders of the United States, except that
no pilot program may implement a universal land border crossing toll’’.
Similar provisions were contained in the following
prior appropriations act:
Pub. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1161, as
amended by Pub. L. 103–317, title I, § 111, Aug. 26, 1994,
108 Stat. 1736, and repealed by Pub. L. 104–208, div. C,
title I, § 122(b), Sept. 30, 1996, 110 Stat. 3009–560.

Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.

§ 1357. Powers of immigration officers and employees

ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS

(a) Powers without warrant
Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—
(1) to interrogate any alien or person believed to be an alien as to his right to be or to
remain in the United States;
(2) to arrest any alien who in his presence or
view is entering or attempting to enter the
United States in violation of any law or regulation made in pursuance of law regulating the
admission, exclusion, expulsion, or removal of
aliens, or to arrest any alien in the United
States, if he has reason to believe that the
alien so arrested is in the United States in violation of any such law or regulation and is
likely to escape before a warrant can be obtained for his arrest, but the alien arrested
shall be taken without unnecessary delay for
examination before an officer of the Service
having authority to examine aliens as to their
right to enter or remain in the United States;
(3) within a reasonable distance from any external boundary of the United States, to board
and search for aliens any vessel within the territorial waters of the United States and any
railway car, aircraft, conveyance, or vehicle,
and within a distance of twenty-five miles
from any such external boundary to have access to private lands, but not dwellings, for

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.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided by law. See section 14 of Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.
RESTORATION OF PROVISION REGARDING FEES TO COVER
THE FULL COSTS OF ALL ADJUDICATION SERVICES
Pub. L. 108–7, div. L, § 107, Feb. 20, 2003, 117 Stat. 532,
provided in part: ‘‘That no court shall have jurisdiction
over any cause or claim arising under the provisions of
section 457 of the Homeland Security Act of 2002 (Public Law 107–296) [amending this section], this section
[repealing section 457 of Pub. L. 107–296], or any regulations promulgated thereunder.’’
REPORTING REQUIREMENT
Pub. L. 105–277, div. C, title IV, § 414(e), as added by
Pub. L. 106–313, title I, § 110(c), Oct. 17, 2000, 114 Stat.
1256, provided that: