8 Usc 1184

§ 1184

TITLE 8—ALIENS AND NATIONALITY

and Nationality Act [8 U.S.C. 1183a] shall not apply
with respect to the following:
‘‘(1) Medical assistance described in section
401(b)(1)(A) [8 U.S.C. 1611(b)(1)(A)] or assistance described in section 411(b)(1) [8 U.S.C. 1621(b)(1)].
‘‘(2) Short-term, non-cash, in-kind emergency disaster relief.
‘‘(3) Assistance or benefits under the Richard B.
Russell National School Lunch Act [42 U.S.C. 1751 et
seq.].
‘‘(4) Assistance or benefits under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].
‘‘(5) Public health assistance for immunizations
(not including any assistance under title XIX of the
Social Security Act [42 U.S.C. 1396 et seq.]) with respect to immunizable diseases and for testing and
treatment of symptoms of communicable diseases
whether or not such symptoms are caused by a communicable disease.
‘‘(6) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] for a parent or a child, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as
defined in section 431 [8 U.S.C. 1641]).
‘‘(7) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and
short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable
discretion after consultation with appropriate Federal agencies and departments, which (A) deliver inkind services at the community level, including
through public or private nonprofit agencies; (B) do
not condition the provision of assistance, the amount
of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (C) are necessary for the protection of
life or safety.
‘‘(8) Programs of student assistance under titles IV,
V, IX, and X of the Higher Education Act of 1965 [20
U.S.C. 1070 et seq., 1101 et seq., 1134 et seq., 1135 et
seq.], and titles III, VII, and VIII of the Public Health
Service Act [42 U.S.C. 241 et seq., 292 et seq., 296 et
seq.].
‘‘(9) Benefits under the Head Start Act [42 U.S.C.
9831 et seq.].
‘‘(10) Means-tested programs under the Elementary
and Secondary Education Act of 1965 [20 U.S.C. 6301 et
seq.].
‘‘(11) Benefits under the [sic] title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et
seq.].’’

§ 1184. Admission of nonimmigrants
(a) Regulations
(1) The admission to the United States of any
alien as a nonimmigrant shall be for such time
and under such conditions as the Attorney General may by regulations prescribe, including
when he deems necessary the giving of a bond
with sufficient surety in such sum and containing such conditions as the Attorney General
shall prescribe, to insure that at the expiration
of such time or upon failure to maintain the
status under which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title, such alien will depart
from the United States. No alien admitted to
Guam or the Commonwealth of the Northern
Mariana Islands without a visa pursuant to section 1182(l) of this title may be authorized to
enter or stay in the United States other than in
Guam or the Commonwealth of the Northern
Mariana Islands or to remain in Guam or the
Commonwealth of the Northern Mariana Islands
for a period exceeding 45 days from date of ad-

Page 184

mission to Guam or the Commonwealth of the
Northern Mariana Islands. No alien admitted to
the United States without a visa pursuant to
section 1187 of this title may be authorized to
remain in the United States as a nonimmigrant
visitor for a period exceeding 90 days from the
date of admission.
(2)(A) The period of authorized status as a nonimmigrant described in section 1101(a)(15)(O) of
this title shall be for such period as the Attorney General may specify in order to provide for
the event (or events) for which the nonimmigrant is admitted.
(B) The period of authorized status as a nonimmigrant described in section 1101(a)(15)(P) of
this title shall be for such period as the Attorney General may specify in order to provide for
the competition, event, or performance for
which the nonimmigrant is admitted. In the
case of nonimmigrants admitted as individual
athletes under section 1101(a)(15)(P) of this title,
the period of authorized status may be for an
initial period (not to exceed 5 years) during
which the nonimmigrant will perform as an athlete and such period may be extended by the Attorney General for an additional period of up to
5 years.
(b) Presumption of status; written waiver
Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section
1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section
1101(a)(15)(H)(i) of this title except subclause (b1)
of such section) shall be presumed to be an immigrant until he establishes to the satisfaction
of the consular officer, at the time of application for a visa, and the immigration officers, at
the time of application for admission, that he is
entitled to a nonimmigrant status under section
1101(a)(15) of this title. An alien who is an officer
or employee of any foreign government or of any
international organization entitled to enjoy
privileges, exemptions, and immunities under
the International Organizations Immunities Act
[22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the
immediate family of any such alien shall not be
entitled to apply for or receive an immigrant
visa, or to enter the United States as an immigrant unless he executes a written waiver in the
same form and substance as is prescribed by section 1257(b) of this title.
(c) Petition of importing employer
(1) The question of importing any alien as a
nonimmigrant under subparagraph (H), (L), (O),
or (P)(i) of section 1101(a)(15) of this title (excluding
nonimmigrants
under
section
1101(a)(15)(H)(i)(b1) of this title) in any specific
case or specific cases shall be determined by the
Attorney General, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition,
shall be made and approved before the visa is
granted. The petition shall be in such form and
contain such information as the Attorney General shall prescribe. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant. For
purposes of this subsection with respect to
nonimmigrants
described
in
section

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TITLE 8—ALIENS AND NATIONALITY

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

§ 1184

(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)(I) performs as an athlete, individually or
as part of a group or team, at an internationally recognized level of performance;
(II) is a professional athlete, as defined in
section 1154(i)(2) of this title;
(III) performs as an athlete, or as a coach, as
part of a team or franchise that is located in
the United States and a member of a foreign
league or association of 15 or more amateur
sports teams, if—
(aa) the foreign league or association is
the highest level of amateur performance of
that sport in the relevant foreign country;
(bb) participation in such league or association renders players ineligible, whether
on a temporary or permanent basis, to earn
a scholarship in, or participate in, that sport
at a college or university in the United
States under the rules of the National Collegiate Athletic Association; and
(cc) a significant number of the individuals
who play in such league or association are
drafted by a major sports league or a minor
league affiliate of such a sports league; or
(IV) is a professional athlete or amateur athlete who performs individually or as part of a
group in a theatrical ice skating production;
and

§ 1184

TITLE 8—ALIENS AND NATIONALITY

(ii) seeks to enter the United States temporarily and solely for the purpose of performing—
(I) as such an athlete with respect to a specific athletic competition; or
(II) in the case of an individual described
in clause (i)(IV), in a specific theatrical ice
skating production or tour.

Page 186

(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.

any alien who is a national of a country that is
a state sponsor of international terrorism unless
the Secretary of State determines, in consultation with the Secretary of Homeland Security
and the heads of other appropriate United States
agencies, that such alien does not pose a threat
to the safety, national security, or national interest of the United States. In making a determination under this subparagraph, the Secretary of State shall apply standards developed
by the Secretary of State, in consultation with
the Secretary of Homeland Security and the
heads of other appropriate United States agencies, that are applicable to the nationals of such
states.
(ii) In this subparagraph, the term ‘‘state
sponsor of international terrorism’’ means any
country the government of which has been determined by the Secretary of State under any of
the laws specified in clause (iii) to have repeatedly provided support for acts of international
terrorism.
(iii) The laws specified in this clause are the
following:
(I) Section 4605(j)(1)(A) of title 50 (or successor statute).
(II) Section 2780(d) of title 22.
(III) Section 2371(a) of title 22.

(ii) In the case of an entertainment group that
is recognized nationally as being outstanding in
its discipline for a sustained and substantial period of time, the Attorney General may, in consideration of special circumstances, waive the
international recognition requirement of clause
(i)(I).
(iii)(I) The one-year relationship requirement
of clause (i)(II) shall not apply to 25 percent of
the performers and entertainers in a group.
(II) The Attorney General may waive such
one-year relationship requirement for an alien
who because of illness or unanticipated and exigent circumstances replaces an essential member of the group and for an alien who augments
the group by performing a critical role.
(iv) The requirements of subclauses (I) and (II)
of clause (i) shall not apply to alien circus personnel who perform as part of a circus or circus
group or who constitute an integral and essential part of the performance of such circus or
circus group, but only if such personnel are entering the United States to join a circus that
has been recognized nationally as outstanding
for a sustained and substantial period of time or
as part of such a circus.
(C) A person may petition the Attorney General for classification of an alien as a nonimmigrant under section 1101(a)(15)(P) of this
title.
(D) The Attorney General shall approve petitions under this subsection with respect to nonimmigrants described in clause (i) or (iii) of section 1101(a)(15)(P) of this title only after consultation in accordance with paragraph (6).
(E) The Attorney General shall approve petitions under this subsection for nonimmigrants
described in section 1101(a)(15)(P)(ii) of this title
only after consultation with labor organizations
representing artists and entertainers in the
United States.
(F)(i) No nonimmigrant visa under section
1101(a)(15)(P)(i)(a) of this title shall be issued to

(G) The Secretary of Homeland Security shall
permit a petition under this subsection to seek
classification of more than 1 alien as a nonimmigrant under section 1101(a)(15)(P)(i)(a) of
this title.
(H) The Secretary of Homeland Security shall
permit an athlete, or the employer of an athlete,
to seek admission to the United States for such
athlete under a provision of this chapter other
than section 1101(a)(15)(P)(i) of this title if the
athlete is eligible under such other provision.
(5)(A) In the case of an alien who is provided
nonimmigrant
status
under
section
1101(a)(15)(H)(i)(b) or 1101(a)(15)(H)(ii)(b) of this
title and who is dismissed from employment by
the employer before the end of the period of authorized admission, the employer shall be liable
for the reasonable costs of return transportation
of the alien abroad.
(B) In the case of an alien who is admitted to
the United States in nonimmigrant status under
section 1101(a)(15)(O) or 1101(a)(15)(P) of this title
and whose employment terminates for reasons
other than voluntary resignation, the employer
whose offer of employment formed the basis of
such nonimmigrant status and the petitioner
are jointly and severally liable for the reasonable cost of return transportation of the alien
abroad. The petitioner shall provide assurance
satisfactory to the Attorney General that the
reasonable cost of that transportation will be
provided.
(6)(A)(i) To meet the consultation requirement
of paragraph (3)(A) in the case of a petition for
a
nonimmigrant
described
in
section
1101(a)(15)(O)(i) of this title (other than with respect to aliens seeking entry for a motion picture or television production), the petitioner
shall submit with the petition an advisory opinion from a peer group (or other person or persons of its choosing, which may include a labor
organization) with expertise in the specific field
involved.

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TITLE 8—ALIENS AND NATIONALITY

(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

§ 1184

section as the Attorney General determines, in
his sole discretion, to be appropriate.
(7) If a petition is filed and denied under this
subsection, the Attorney General shall notify
the petitioner of the determination and the reasons for the denial and of the process by which
the petitioner may appeal the determination.
(8) The Attorney General shall submit annually to the Committees on the Judiciary of the
House of Representatives and of the Senate a report describing, with respect to petitions under
each subcategory of subparagraphs (H), (O), (P),
and (Q) of section 1101(a)(15) of this title the following:
(A) The number of such petitions which have
been filed.
(B) The number of such petitions which have
been approved and the number of workers (by
occupation) included in such approved petitions.
(C) The number of such petitions which have
been denied and the number of workers (by occupation) requested in such denied petitions.
(D) The number of such petitions which have
been withdrawn.
(E) The number of such petitions which are
awaiting final action.
(9)(A) The Attorney General shall impose a fee
on an employer (excluding any employer that is
a primary or secondary education institution,
an institution of higher education, as defined in
section 1001(a) of title 20, a nonprofit entity related to or affiliated with any such institution,
a nonprofit entity which engages in established
curriculum-related clinical training of students
registered at any such institution, a nonprofit
research organization, or a governmental research organization) filing before 1 a petition
under paragraph (1)—
(i) initially to grant an alien nonimmigrant
status described in section 1101(a)(15)(H)(i)(b)
of this title;
(ii) to extend the stay of an alien having
such status (unless the employer previously
has obtained an extension for such alien); or
(iii) to obtain authorization for an alien having such status to change employers.
(B) The amount of the fee shall be $1,500 for
each such petition except that the fee shall be
half the amount for each such petition by any
employer with not more than 25 full-time equivalent employees who are employed in the United
States (determined by including any affiliate or
subsidiary of such employer).
(C) Fees collected under this paragraph shall
be deposited in the Treasury in accordance with
section 1356(s) of this title.
(10) An amended 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.
(11)(A) Subject to subparagraph (B), the Secretary of Homeland Security or the Secretary of
1 So

in original. The word ‘‘before’’ probably should not appear.

§ 1184

TITLE 8—ALIENS AND NATIONALITY

State, as appropriate, shall impose a fee on an
employer who has filed an attestation described
in section 1182(t) of this title—
(i) in order that an alien may be initially
granted nonimmigrant status described in section 1101(a)(15)(H)(i)(b1) of this title; or
(ii) in order to satisfy the requirement of the
second sentence of subsection (g)(8)(C) for an
alien having such status to obtain certain extensions of stay.
(B) The amount of the fee shall be the same as
the amount imposed by the Secretary of Homeland Security under paragraph (9), except that if
such paragraph does not authorize such Secretary to impose any fee, no fee shall be imposed
under this paragraph.
(C) Fees collected under this paragraph shall
be deposited in the Treasury in accordance with
section 1356(s) of this title.
(12)(A) In addition to any other fees authorized
by law, the Secretary of Homeland Security
shall impose a fraud prevention and detection
fee on an employer filing a petition under paragraph (1)—
(i) initially to grant an alien nonimmigrant
status described in subparagraph (H)(i)(b) or
(L) of section 1101(a)(15) of this title; or
(ii) to obtain authorization for an alien having such status to change employers.
(B) In addition to any other fees authorized by
law, the Secretary of State shall impose a fraud
prevention and detection fee on an alien filing
an application abroad for a visa authorizing admission to the United States as a nonimmigrant
described in section 1101(a)(15)(L) of this title, if
the alien is covered under a blanket petition described in paragraph (2)(A).
(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $500.
(D) The fee imposed under subparagraph (A) or
(B) shall only apply to principal aliens and not
to the spouses or children who are accompanying or following to join such principal aliens.
(E) Fees collected under this paragraph shall
be deposited in the Treasury in accordance with
section 1356(v) of this title.
(13)(A) In addition to any other fees authorized
by law, the Secretary of Homeland Security
shall impose a fraud prevention and detection
fee on an employer filing a petition under paragraph (1) for nonimmigrant workers described in
section 1101(a)(15)(H)(ii)(b) of this title.
(B) The amount of the fee imposed under subparagraph (A) shall be $150.
(14)(A) If the Secretary of Homeland Security
finds, after notice and an opportunity for a hearing, a substantial failure to meet any of the conditions of the petition to admit or otherwise
provide status to a nonimmigrant worker under
section 1101(a)(15)(H)(ii)(b) of this title or a willful misrepresentation of a material fact in such
petition—
(i) the Secretary of Homeland Security may,
in addition to any other remedy authorized by
law, impose such administrative remedies (including civil monetary penalties in an amount
not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be
appropriate; and
(ii) the Secretary of Homeland Security may
deny petitions filed with respect to that em-

Page 188

ployer under section 1154 of this title or paragraph (1) of this subsection during a period of
at least 1 year but not more than 5 years for
aliens to be employed by the employer.
(B) The Secretary of Homeland Security may
delegate to the Secretary of Labor, with the
agreement of the Secretary of Labor, any of the
authority given to the Secretary of Homeland
Security under subparagraph (A)(i).
(C) In determining the level of penalties to be
assessed under subparagraph (A), the highest
penalties shall be reserved for willful failures to
meet any of the conditions of the petition that
involve harm to United States workers.
(D) In this paragraph, the term ‘‘substantial
failure’’ means the willful failure to comply
with the requirements of this section that constitutes a significant deviation from the terms
and conditions of a petition.
(d) Issuance of visa to fiance´e or fiance´ of citizen
(1) A visa shall not be issued under the provisions of section 1101(a)(15)(K)(i) of this title until
the consular officer has received a petition filed
in the United States by the fiance´e and fiance´ of
the applying alien and approved by the Secretary of Homeland Security. The petition shall
be in such form and contain such information as
the Secretary of Homeland Security shall, by
regulation, prescribe. Such information shall include information on any criminal convictions
of the petitioner for any specified crime described in paragraph (3)(B) and information on
any permanent protection or restraining order
issued against the petitioner related to any
specified crime described in paragraph (3)(B)(i).
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 Secretary of Homeland Security
in his discretion may waive the requirement
that the parties have previously met in person.
In the event the marriage with the petitioner
does not occur within three months after the admission of the said alien and minor children,
they shall be required to depart from the United
States and upon failure to do so shall be removed in accordance with sections 1229a and 1231
of this title.
(2)(A) Subject to subparagraphs (B) and (C),
the Secretary of Homeland Security may not approve a petition under paragraph (1) unless the
Secretary has verified that—
(i) the petitioner has not, previous to the
pending petition, petitioned under paragraph
(1) with respect to two or more applying
aliens; and
(ii) if the petitioner has had such a petition
previously approved, 2 years have elapsed
since the filing of such previously approved petition.
(B) The Secretary of Homeland Security may,
in the Secretary’s discretion, waive the limitations in subparagraph (A) if justification exists
for such a waiver. Except in extraordinary cir-

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TITLE 8—ALIENS AND NATIONALITY

cumstances and subject to subparagraph (C),
such a waiver shall not be granted if the petitioner has a record of violent criminal offenses
against a person or persons.
(C)(i) The Secretary of Homeland Security is
not limited by the criminal court record and
shall grant a waiver of the condition described
in the second sentence of subparagraph (B) in
the case of a petitioner described in clause (ii).
(ii) A petitioner described in this clause is a
petitioner who has been battered or subjected to
extreme cruelty and who is or was not the primary perpetrator of violence in the relationship
upon a determination that—
(I) the petitioner was acting in self-defense;
(II) the petitioner was found to have violated
a protection order intended to protect the petitioner; or
(III) the petitioner committed, was arrested
for, was convicted of, or pled guilty to committing a crime that did not result in serious
bodily injury and where there was a connection between the crime and the petitioner’s
having been battered or subjected to extreme
cruelty.
(iii) In acting on applications under this subparagraph, the Secretary of Homeland Security
shall consider any credible evidence relevant to
the application. The determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of
the Secretary.
(3) In this subsection:
(A) The terms ‘‘domestic violence’’, ‘‘sexual
assault’’, ‘‘child abuse and neglect’’, ‘‘dating
violence’’, ‘‘elder abuse’’, and ‘‘stalking’’ have
the meaning given such terms in section 3 of
the Violence Against Women and Department
of Justice Reauthorization Act of 2005.2
(B) The term ‘‘specified crime’’ means the
following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, stalking, or an attempt to commit
any such crime.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt
to commit any of the crimes described in
this clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
(e) Nonimmigrant professionals and annual numerical limit
(1) Notwithstanding any other provision of
this chapter, an alien who is a citizen of Canada
and seeks to enter the United States under and
pursuant to the provisions of Annex 1502.1
(United States of America), Part 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 con2 See

References in Text note below.

§ 1184

sultation 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), 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 pro-

§ 1184

TITLE 8—ALIENS AND NATIONALITY

fessions set out in Appendix 1603.D.1 of Annex
1603 of NAFTA, and the petition requirement of
subsection (c), 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).
(6) In the case of an alien spouse admitted
under section 1101(a)(15)(E) of this title, who is
accompanying or following to join a principal
alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in employment in the United States and
provide the spouse with an ‘‘employment authorized’’ endorsement or other appropriate
work permit.
(f) Denial of crewmember status in case of certain labor disputes
(1) Except as provided in paragraph (3), no
alien shall be entitled to nonimmigrant status
described in section 1101(a)(15)(D) of this title if
the alien intends to land for the purpose of performing service on board a vessel of the United
States (as defined in section 116 of title 46) or on
an aircraft of an air carrier (as defined in section 40102(a)(2) of title 49) during a labor dispute
where there is a strike or lockout in the bargaining unit of the employer in which the alien
intends to perform such service.
(2) An alien described in paragraph (1)—
(A) may not be paroled into the United
States pursuant to section 1182(d)(5) of this
title unless the Attorney General determines
that the parole of such alien is necessary to
protect the national security of the United
States; and
(B) shall be considered not to be a bona fide
crewman for purposes of section 1282(b) of this
title.
(3) Paragraph (1) shall not apply to an alien if
the air carrier or owner or operator of such vessel that employs the alien provides documentation that satisfies the Attorney General that the
alien—
(A) has been an employee of such employer
for a period of not less than 1 year preceding
the date that a strike or lawful lockout commenced;
(B) has served as a qualified crewman for
such employer at least once in each of 3
months during the 12-month period preceding
such date; and
(C) shall continue to provide the same services that such alien provided as such a crewman.
(g) Temporary workers and trainees; limitation
on numbers
(1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant
status during any fiscal year (beginning with
fiscal year 1992)—
(A) under section 1101(a)(15)(H)(i)(b) of this
title, may not exceed—
(i) 65,000 in each fiscal year before fiscal
year 1999;
(ii) 115,000 in fiscal year 1999;
(iii) 115,000 in fiscal year 2000;
(iv) 195,000 in fiscal year 2001;
(v) 195,000 in fiscal year 2002;

Page 190

(vi) 195,000 in fiscal year 2003; and
(vii) 65,000 in each succeeding fiscal year;
or
(B) under section 1101(a)(15)(H)(ii)(b) of this
title may not exceed 66,000.
(2) The numerical limitations of paragraph (1)
shall only apply to principal aliens and not to
the spouses or children of such aliens.
(3) Aliens who are subject to the numerical
limitations of paragraph (1) shall be issued visas
(or otherwise provided nonimmigrant status) in
the order in which petitions are filed for such
visas or status. If an alien who was issued a visa
or otherwise provided nonimmigrant status and
counted against the numerical limitations of
paragraph (1) is found to have been issued such
visa or otherwise provided such status by fraud
or willfully misrepresenting a material fact and
such visa or nonimmigrant status is revoked,
then one number shall be restored to the total
number of aliens who may be issued visas or
otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal
year in which the petition is revoked, regardless
of the fiscal year in which the petition was approved.
(4) In the case of a nonimmigrant described in
section 1101(a)(15)(H)(i)(b) of this title, the period of authorized admission as such a nonimmigrant may not exceed 6 years.
(5) The numerical limitations contained in
paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 1101(a)(15)(H)(i)(b) of
this title who—
(A) is employed (or has received an offer of
employment) at an institution of higher education (as defined in section 1001(a) of title 20),
or a related or affiliated nonprofit entity;
(B) is employed (or has received an offer of
employment) at a nonprofit research organization or a governmental research organization;
or
(C) has earned a master’s or higher degree
from a United States institution of higher
education (as defined in section 1001(a) of title
20), until the number of aliens who are exempted from such numerical limitation during
such year exceeds 20,000.
(6) Any alien who ceases to be employed by an
employer described in paragraph (5)(A) shall, if
employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has
not previously been counted toward the numerical limitations contained in paragraph (1)(A), be
counted toward those limitations the first time
the alien is employed by an employer other than
one described in paragraph (5).
(7) Any alien who has already been counted,
within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not
again be counted toward those limitations unless the alien would be eligible for a full 6 years
of authorized admission at the time the petition
is filed. Where multiple petitions are approved
for 1 alien, that alien shall be counted only
once.
(8)(A) The agreements referred to in section
1101(a)(15)(H)(i)(b1) of this title are—

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TITLE 8—ALIENS AND NATIONALITY

(i) the United States-Chile Free Trade
Agreement; and
(ii) the United States-Singapore Free Trade
Agreement.
(B)(i) The Secretary of Homeland Security
shall establish annual numerical limitations on
approvals of initial applications by aliens for admission under section 1101(a)(15)(H)(i)(b1) of this
title.
(ii) The annual numerical limitations described in clause (i) shall not exceed—
(I) 1,400 for nationals of Chile (as defined in
article 14.9 of the United States-Chile Free
Trade Agreement) for any fiscal year; and
(II) 5,400 for nationals of Singapore (as defined in Annex 1A of the United States-Singapore Free Trade Agreement) for any fiscal
year.
(iii) The annual numerical limitations described in clause (i) shall only apply to principal
aliens and not to the spouses or children of such
aliens.
(iv) The annual numerical limitation described in paragraph (1)(A) is reduced by the
amount of the annual numerical limitations established under clause (i). However, if a numerical limitation established under clause (i) has
not been exhausted at the end of a given fiscal
year, the Secretary of Homeland Security shall
adjust upwards the numerical limitation in
paragraph (1)(A) for that fiscal year by the
amount remaining in the numerical limitation
under
clause
(i).
Visas
under
section
1101(a)(15)(H)(i)(b) of this title may be issued
pursuant to such adjustment within the first 45
days of the next fiscal year to aliens who had applied for such visas during the fiscal year for
which the adjustment was made.
(C) The period of authorized admission as a
nonimmigrant under section 1101(a)(15)(H)(i)(b1)
of this title shall be 1 year, and may be extended, but only in 1-year increments. After
every second extension, the next following extension shall not be granted unless the Secretary of Labor had determined and certified to
the Secretary of Homeland Security and the
Secretary of State that the intending employer
has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this title for the
purpose of permitting the nonimmigrant to obtain such extension.
(D) The numerical limitation described in
paragraph (1)(A) for a fiscal year shall be reduced by one for each alien granted an extension
under subparagraph (C) during such year who
has obtained 5 or more consecutive prior extensions.
(9)(A) Subject to subparagraphs (B) and (C), an
alien who has already been counted toward the
numerical limitation of paragraph (1)(B) during
fiscal year 2013, 2014, or 2015 shall not again be
counted toward such limitation during fiscal
year 2016. Such an alien shall be considered a returning worker.
(B) A petition to admit or otherwise provide
status under section 1101(a)(15)(H)(ii)(b) of this
title shall include, with respect to a returning
worker—
(i) all information and evidence that the
Secretary of Homeland Security determines is

§ 1184

required to support a petition for status under
section 1101(a)(15)(H)(ii)(b) of this title;
(ii) the full name of the alien; and
(iii) a certification to the Department of
Homeland Security that the alien is a returning worker.
(C) An H–2B visa or grant of nonimmigrant
status for a returning worker shall be approved
only if the alien is confirmed to be a returning
worker by—
(i) the Department of State; or
(ii) if the alien is visa exempt or seeking to
change
to
status
under
section
1101
(a)(15)(H)(ii)(b) of this title, the Department of
Homeland Security.
(10) The numerical limitations of paragraph
(1)(B) shall be allocated for a fiscal year so that
the total number of aliens subject to such numerical limits who enter the United States pursuant to a visa or are accorded nonimmigrant
status under section 1101(a)(15)(H)(ii)(b) of this
title during the first 6 months of such fiscal year
is not more than 33,000.
(11)(A) The Secretary of State may not approve a number of initial applications submitted
for aliens described in section 1101(a)(15)(E)(iii)
of this title that is more than the applicable numerical limitation set out in this paragraph.
(B) The applicable numerical limitation referred to in subparagraph (A) is 10,500 for each
fiscal year.
(C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to
principal aliens and not to the spouses or children of such aliens.
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an
application for a preference status filed under
section 1154 of this title or has otherwise sought
permanent residence in the United States shall
not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining
a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), or (V) of section
1101(a)(15) of this title or otherwise obtaining or
maintaining the status of a nonimmigrant described in such subparagraph, if the alien had
obtained a change of status under section 1258 of
this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
(i) ‘‘Specialty occupation’’ defined
(1) Except as provided in paragraph (3), for
purposes of section 1101(a)(15)(H)(i)(b) of this
title, section 1101(a)(15)(E)(iii) of this title, and
paragraph (2), the term ‘‘specialty occupation’’
means an occupation that requires—
(A) theoretical and practical application of a
body of highly specialized knowledge, and
(B) attainment of a 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,

§ 1184

TITLE 8—ALIENS AND NATIONALITY

(B) completion of the degree described in
paragraph (1)(B) for the occupation, or
(C)(i) experience in the specialty equivalent
to the completion of such degree, and (ii) recognition of expertise in the specialty through
progressively responsible positions relating to
the specialty.
(3) For purposes of section 1101(a)(15)(H)(i)(b1)
of this title, the term ‘‘specialty occupation’’
means an occupation that requires—
(A) theoretical and practical application of a
body of specialized knowledge; and
(B) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
(j) Labor disputes
(1) Notwithstanding any other provision of
this chapter, an alien who is a citizen of Canada
or Mexico who seeks to enter the United States
under and pursuant to the provisions of Section
B, Section C, or Section D of Annex 1603 of the
North American Free Trade Agreement, shall
not be classified as a nonimmigrant under such
provisions if there is in progress a strike or
lockout in the course of a labor dispute in the
occupational classification at the place or intended place of employment, unless such alien
establishes, pursuant to regulations promulgated by the Attorney General, that the 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 paragraph
shall be given as may be required by paragraph
3 of article 1603 of such Agreement. For purposes
of this paragraph, the term ‘‘citizen of Mexico’’
means ‘‘citizen’’ as defined in Annex 1608 of such
Agreement.
(2) Notwithstanding any other provision of
this chapter except section 1182(t)(1) of this
title, and subject to regulations promulgated by
the Secretary of Homeland Security, an alien
who seeks to enter the United States under and
pursuant to the provisions of an agreement listed in subsection (g)(8)(A), and the spouse and
children of such an alien if accompanying or following to join the alien, may be denied admission as a nonimmigrant under subparagraph (E),
(L), or (H)(i)(b1) of section 1101(a)(15) of this title
if there is in progress a labor dispute in the occupational classification at the place or intended place of employment, unless such alien
establishes, pursuant to regulations promulgated by the Secretary of Homeland Security
after consultation with the Secretary of Labor,
that the alien’s entry will not affect adversely
the settlement of the labor dispute or the employment of any person who is involved in the
labor dispute. Notice of a determination under
this paragraph shall be given as may be required
by such agreement.
(k) Numerical limitations; period of admission;
conditions for admission and stay; annual report
(1) The number of aliens who may be provided
a visa as nonimmigrants under section
1101(a)(15)(S)(i) of this title in any fiscal year
may not exceed 200. The number of aliens who

Page 192

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—

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TITLE 8—ALIENS AND NATIONALITY

(i) the alien demonstrates a bona fide offer
of full-time employment at a health facility
or health care organization, which employment has been determined by the Attorney
General to be in the public interest; and
(ii) the alien agrees to begin employment
with the health facility or health care organization within 90 days of receiving such
waiver, and agrees to continue to work for a
total of not less than 3 years (unless the Attorney General determines that extenuating
circumstances exist, such as closure of the
facility or hardship to the alien, which
would justify a lesser period of employment
at such health facility or health care organization, in which case the alien must demonstrate another bona fide offer of employment at a health facility or health care organization for the remainder of such 3-year
period); and
(D) in the case of a request by an interested
Federal agency (other than a request by an interested Federal agency to employ the alien
full-time in medical research or training) or
by an interested State agency, the alien
agrees to practice primary care or specialty
medicine in accordance with paragraph (2) for
a total of not less than 3 years only in the geographic area or areas which are designated by
the Secretary of Health and Human Services
as having a shortage of health care professionals, except that—
(i) in the case of a request by the Department of Veterans Affairs, the alien shall not
be required to practice medicine in a geographic area designated by the Secretary;
(ii) in the case of a request by an interested State agency, the head of such State
agency determines that the alien is to practice medicine under such agreement in a facility that serves patients who reside in one
or more geographic areas so designated by
the Secretary of Health and Human Services
(without regard to whether such facility is
located within such a designated geographic
area), and the grant of such waiver would
not cause the number of the waivers granted
on behalf of aliens for such State for a fiscal
year (within the limitation in subparagraph
(B)) in accordance with the conditions of
this clause to exceed 10; and
(iii) in the case of a request by an interested Federal agency or by an interested
State agency for a waiver for an alien who
agrees to practice specialty medicine in a facility located in a geographic area so designated by the Secretary of Health and
Human Services, the request shall demonstrate, based on criteria established by
such agency, that there is a shortage of
health care professionals able to provide
services in the appropriate medical specialty
to the patients who will be served by the
alien.
(2)(A) Notwithstanding section 1258(a)(2) of
this title, the Attorney General may change the
status of an alien who qualifies under this subsection and section 1182(e) of this title to that of
an alien described in section 1101(a)(15)(H)(i)(b)
of this title. The numerical limitations con-

§ 1184

tained in subsection (g)(1)(A) shall not apply to
any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of
the 2-year foreign residence requirement upon a
request by an interested Federal agency or an
interested State agency.
(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 3year period described in paragraph (1)(C).
(m) Nonimmigrant elementary and secondary
school students
(1) An alien may not be accorded status as a
nonimmigrant under clause (i) or (iii) of section
1101(a)(15)(F) of this title in order to pursue a
course of study—
(A) at a public elementary school or in a
publicly funded adult education program; or
(B) at a public secondary school unless—
(i) the aggregate period of such status at
such a school does not exceed 12 months
with respect to any alien, and (ii) the alien
demonstrates that the alien has reimbursed
the local educational agency that administers the school for the full, unsubsidized
per capita cost of providing education at
such school for the period of the 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).
(n) Increased portability of H–1B status
(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or

§ 1184

TITLE 8—ALIENS AND NATIONALITY

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). Employment authorization shall
continue for such alien until the new petition is
adjudicated. If the new petition is denied, such
authorization shall cease.
(2) A nonimmigrant alien described in this
paragraph is a nonimmigrant alien—
(A) who has been lawfully admitted into the
United States;
(B) on whose behalf an employer has filed a
nonfrivolous petition for new employment before the date of expiration of the period of
stay authorized by the Attorney General; and
(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing
of such petition.
(o) Nonimmigrants guilty of trafficking in persons
(1) No alien shall be eligible for admission to
the United States under section 1101(a)(15)(T) of
this title if there is substantial reason to believe
that the alien has committed an act of a severe
form of trafficking in persons (as defined in section 7102 of title 22).
(2) The total number of aliens who may be issued visas or otherwise provided nonimmigrant
status during any fiscal year under section
1101(a)(15)(T) of this title may not exceed 5,000.
(3) The numerical limitation of paragraph (2)
shall only apply to principal aliens and not to
the spouses, sons, daughters, siblings, or parents
of such aliens.
(4) An unmarried alien who seeks to accompany, or follow to join, a parent granted status
under section 1101(a)(15)(T)(i) of this title, and
who was under 21 years of age on the date on
which such parent applied for such status, shall
continue to be classified as a child for purposes
of section 1101(a)(15)(T)(ii) of this title, if the
alien attains 21 years of age after such parent’s
application was filed but while it was pending.
(5) An alien described in clause (i) of section
1101(a)(15)(T) of this title shall continue to be
treated as an alien described in clause (ii)(I) of
such section if the alien attains 21 years of age
after the alien’s application for status under
such clause (i) is filed but while it is pending.
(6) In making a determination under section
1101(a)(15)(T)(i)(III)(aa) with respect to an alien,
statements from State and local law enforcement officials that the alien has complied with
any reasonable request for assistance in the investigation or prosecution of crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking in persons (as defined in section 7102 of title 22) appear
to have been involved, shall be considered.
(7)(A) Except as provided in subparagraph (B),
an alien who is issued a visa or otherwise provided nonimmigrant status under section
1101(a)(15)(T) of this title may be granted such
status for a period of not more than 4 years.
(B) An alien who is issued a visa or otherwise
provided nonimmigrant status under section
1101(a)(15)(T) of this title may extend the period

Page 194

of such status beyond the period described in
subparagraph (A) if—
(i) a Federal, State, or local law enforcement
official, prosecutor, judge, or other authority
investigating or prosecuting activity relating
to human trafficking or certifies that the
presence of the alien in the United States is
necessary to assist in the investigation or
prosecution of such activity;
(ii) the alien is eligible for relief under section 1255(l) of this title and is unable to obtain
such relief because regulations have not been
issued to implement such section; or
(iii) the Secretary of Homeland Security determines that an extension of the period of
such nonimmigrant status is warranted due to
exceptional circumstances.
(C) Nonimmigrant status under section
1101(a)(15)(T) of this title shall be extended during the pendency of an application for adjustment of status under section 1255(l) of this title.
(p)
Requirements
applicable
to
section
1101(a)(15)(U) visas
(1)
Petitioning
procedures
for
section
1101(a)(15)(U) visas
The petition filed by an alien under section
1101(a)(15)(U)(i) of this title shall contain a
certification from a Federal, State, or local
law enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating criminal activity described in section
1101(a)(15)(U)(iii) of this title. This certification may also be provided by an official of
the Service whose ability to provide such certification is not limited to information concerning immigration violations. This certification shall state that the alien ‘‘has been
helpful, is being helpful, or is likely to be helpful’’ in the investigation or prosecution of
criminal
activity
described
in
section
1101(a)(15)(U)(iii) of this title.
(2) Numerical limitations
(A) The number of aliens who may be issued
visas or otherwise provided status as nonimmigrants under section 1101(a)(15)(U) of this
title in any fiscal year shall not exceed 10,000.
(B) The numerical limitations in subparagraph (A) shall only apply to principal aliens
described in section 1101(a)(15)(U)(i) of this
title, and not to spouses, children, or, in the
case of alien children, the alien parents of
such children.
(3) Duties of the Attorney General with respect
to ‘‘U’’ visa nonimmigrants
With respect to nonimmigrant aliens described in subsection (a)(15)(U) of section 1101
of this title—
(A) the Attorney General and other government officials, where appropriate, shall
provide those aliens with referrals to nongovernmental organizations to advise the
aliens regarding their options while in the
United States and the resources available to
them; and
(B) the Attorney General shall, during the
period those aliens are in lawful temporary
resident status under that subsection, provide the aliens with employment authorization.

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TITLE 8—ALIENS AND NATIONALITY

(4) Credible evidence considered
In acting on any petition filed under this
subsection, the consular officer or the Attorney General, as appropriate, shall consider
any credible evidence relevant to the petition.
(5) Nonexclusive relief
Nothing in this subsection limits the ability
of aliens who qualify for status under section
1101(a)(15)(U) of this title to seek any other
immigration benefit or status for which the
alien may be eligible.
(6) Duration of status
The authorized period of status of an alien
as a nonimmigrant under section 1101(a)(15)(U)
of this title shall be for a period of not more
than 4 years, but shall be extended upon certification from a Federal, State, or local law
enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title
that the alien’s presence in the United States
is required to assist in the investigation or
prosecution of such criminal activity. The
Secretary of Homeland Security may extend,
beyond the 4-year period authorized under this
section, the authorized period of status of an
alien as a nonimmigrant under section
1101(a)(15)(U) of this title if the Secretary determines that an extension of such period is
warranted due to exceptional circumstances.
Such alien’s nonimmigrant status shall be extended beyond the 4-year period authorized
under this section if the alien is eligible for relief under section 1255(m) of this title and is
unable to obtain such relief because regulations have not been issued to implement such
section and shall be extended during the pendency of an application for adjustment of
status under section 1255(m) of this title. The
Secretary may grant work authorization to
any alien who has a pending, bona fide application for nonimmigrant status under section
1101(a)(15)(U) of this title.
(7) Age determinations
(A) Children
An unmarried alien who seeks to accompany, or follow to join, a parent granted
status under section 1101(a)(15)(U)(i) of this
title, and who was under 21 years of age on
the date on which such parent petitioned for
such status, shall continue to be classified
as a child for purposes of section
1101(a)(15)(U)(ii) of this title, if the alien attains 21 years of age after such parent’s petition was filed but while it was pending.
(B) Principal aliens
An alien described in clause (i) of section
1101(a)(15)(U) of this title shall continue to
be treated as an alien described in clause
(ii)(I) of such section if the alien attains 21
years of age after the alien’s application for
status under such clause (i) is filed but while
it is pending.
(q) Employment of nonimmigrants described in
section 1101(a)(15)(V)
(1) In the case of a nonimmigrant described in
section 1101(a)(15)(V) of this title—

§ 1184

(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.
(r) Visas of nonimmigrants described in section
1101(a)(15)(K)(ii)
(1) A visa shall not be issued under the provisions of section 1101(a)(15)(K)(ii) of this title
until the consular officer has received a petition
filed in the United States by the spouse of the
applying alien and approved by the Attorney
General. The petition shall be in such form and
contain such information as the Attorney General shall, by regulation, prescribe. Such information shall include information on any criminal convictions of the petitioner for any specified crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in subsection 3 (5)(B)(i).
(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
3 So

in original. Probably should be ‘‘paragraph’’.

§ 1184

TITLE 8—ALIENS AND NATIONALITY

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.
(4)(A) The Secretary of Homeland Security
shall create a database for the purpose of tracking multiple visa petitions filed for fiance´(e)s
and spouses under clauses (i) and (ii) of section
1101(a)(15)(K) of this title. Upon approval of a
second visa petition under section 1101(a)(15)(K)
of this title for a fiance´(e) or spouse filed by the
same United States citizen petitioner, the petitioner shall be notified by the Secretary that information concerning the petitioner has been
entered into the multiple visa petition tracking
database. All subsequent fiance´(e) or spouse
nonimmigrant visa petitions filed by that petitioner under such section shall be entered in the
database.
(B)(i) Once a petitioner has had two fiance´(e)
or spousal petitions approved under clause (i) or
(ii) of section 1101(a)(15)(K) of this title, if a subsequent petition is filed under such section less
than 10 years after the date the first visa petition was filed under such section, the Secretary
of Homeland Security shall notify both the petitioner and beneficiary of any such subsequent
petition about the number of previously approved fiance´(e) or spousal petitions listed in
the database.
(ii) To notify the beneficiary as required by
clause (i), the Secretary of Homeland Security
shall provide such notice to the Secretary of
State for inclusion in the mailing to the beneficiary described in section 1375a(a)(5)(A)(i) of
this title.
(5) In this subsection:
(A) The terms ‘‘domestic violence’’, ‘‘sexual
assault’’, ‘‘child abuse and neglect’’, ‘‘dating
violence’’, ‘‘elder abuse’’, and ‘‘stalking’’ have
the meaning given such terms in section 3 of
the Violence Against Women and Department
of Justice Reauthorization Act of 2005.2
(B) The term ‘‘specified crime’’ means the
following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, stalking, or an attempt to commit
any such crime.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt

Page 196

to commit any of the crimes described in
this clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
(June 27, 1952, ch. 477, title II, ch. 2, § 214, 66 Stat.
189; Pub. L. 91–225, § 3, Apr. 7, 1970, 84 Stat. 117;
Pub. L. 98–454, title VI, § 602(b), Oct. 5, 1984, 98
Stat. 1737; Pub. L. 99–603, title III, §§ 301(b),
313(b), Nov. 6, 1986, 100 Stat. 3411, 3438; Pub. L.
99–639, § 3(a), (c), Nov. 10, 1986, 100 Stat. 3542; Pub.
L. 100–449, title III, § 307(b), Sept. 28, 1988, 102
Stat. 1877; Pub. L. 100–525, § 2(l)(1), Oct. 24, 1988,
102 Stat. 2612; Pub. L. 101–649, title II, §§ 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, §§ 202(a), 203(b), 204, 205(d), (e), 206(a),
(c)(2), 207(a), (c)(1), title III, § 303(a)(10)–(12), Dec.
12, 1991, 105 Stat. 1737–1741, 1748; Pub. L. 103–182,
title III, § 341(b), (c), Dec. 8, 1993, 107 Stat. 2116,
2117; Pub. L. 103–322, title XIII, § 130003(b)(2),
Sept. 13, 1994, 108 Stat. 2025; Pub. L. 103–416, title
II, § 220(b), Oct. 25, 1994, 108 Stat. 4319; Pub. L.
104–208, div. C, title III, § 308(e)(1)(D), (2)(B),
(f)(1)(G), (H), (3)(B), (g)(5)(A)(i), (7)(A), title VI,
§§ 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, § 108, Oct. 27, 1997, 111 Stat. 1350;
Pub. L. 105–277, div. C, title IV, §§ 411(a), 414(a),
Oct. 21, 1998, 112 Stat. 2681–642, 2681–651; Pub. L.
106–104, § 2, Nov. 13, 1999, 113 Stat. 1483; Pub. L.
106–311, § 1, Oct. 17, 2000, 114 Stat. 1247; Pub. L.
106–313, title I, §§ 102(a), 103, 105(a), 108, Oct. 17,
2000, 114 Stat. 1251–1253, 1255; Pub. L. 106–386, div.
A, § 107(e)(2), div. B, title V, § 1513(c), Oct. 28,
2000, 114 Stat. 1478, 1535; Pub. L. 106–396, title IV,
§ 401, Oct. 30, 2000, 114 Stat. 1647; Pub. L. 106–553,
§ 1(a)(2) [title XI, §§ 1102(b), (d)(1), 1103(b), (c)(1)],
Dec. 21, 2000, 114 Stat. 2762, 2762A–142, 2762A–144,
2762A–145; Pub. L. 107–45, § 1, Oct. 1, 2001, 115
Stat. 258; Pub. L. 107–124, Jan. 16, 2002, 115 Stat.
2402; Pub. L. 107–125, §§ 1, 2(a), Jan. 16, 2002, 115
Stat. 2403; Pub. L. 107–273, div. C, title I,
§ 11018(a), Nov. 2, 2002, 116 Stat. 1825; Pub. L.
107–274, § 2(c), Nov. 2, 2002, 116 Stat. 1923; Pub. L.
108–77, title IV, §§ 402(a)(2), (d)(1), 403, 404, Sept. 3,
2003, 117 Stat. 940, 946, 947; Pub. L. 108–78, title
IV, § 402, Sept. 3, 2003, 117 Stat. 970; Pub. L.
108–193, §§ 4(b)(2), 8(a)(3), Dec. 19, 2003, 117 Stat.
2878, 2886; Pub. L. 108–441, § 1(b)–(d), Dec. 3, 2004,
118 Stat. 2630; Pub. L. 108–447, div. J, title IV,
§§ 412(a), 413(a), 422(b), 425(a) 426(a), Dec. 8, 2004,
118 Stat. 3351–3353, 3356, 3357; Pub. L. 109–13, div.
B, title IV, §§ 402(a), 403(a), 404(a), 405, title V,
§ 501(b), (c), May 11, 2005, 119 Stat. 318–322; Pub.
L. 109–162, title VIII, §§ 821(a), (b), (c)(2),
832(a)(1),(2), Jan. 5, 2006, 119 Stat. 3062, 3066, 3067;
Pub. L. 109–364, div. A, title X, § 1074(a), Oct. 17,
2006, 120 Stat. 2403; Pub. L. 109–463, § 2, Dec. 22,
2006, 120 Stat. 3477; Pub. L. 110–229, title VII,
§ 702(b)(1), May 8, 2008, 122 Stat. 860; Pub. L.
110–362, § 2, Oct. 8, 2008, 122 Stat. 4013; Pub. L.
110–457, title II, § 201(b), (c), Dec. 23, 2008, 122
Stat. 5053; Pub. L. 113–4, title VIII, §§ 805(a),
807(a), Mar. 7, 2013, 127 Stat. 111, 112; Pub. L.
114–113, div. F, title V, § 565, Dec. 18, 2015, 129
Stat. 2523.)

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TITLE 8—ALIENS AND NATIONALITY

AMENDMENT OF SECTION
For termination of amendment by section
107(c) of Pub. L. 108–78, see Effective and Termination Dates of 2003 Amendment note below.
For termination of amendment by section
107(c) of Pub. L. 108–77, see Effective and Termination Dates of 2003 Amendment note below.
For termination of amendment by section
501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
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 (§ 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.
This chapter, referred to in subsecs. (c)(4)(H), (e), and
(j), was in the original, ‘‘this Act’’, meaning act June
27, 1952, ch. 477, 66 Stat. 163, known as the Immigration
and Nationality Act, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
1101 of this title and Tables.
Section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to
in subsecs. (d)(3)(A) and (r)(5)(A), is section 3 of Pub. L.
109–162, which enacted sections 3796gg–2 and 13925 of
Title 42, The Public Health and Welfare, amended sections 3796gg–3, 3796hh–4, 10420, 13975, and 14039 of Title
42, repealed former section 3796gg–2 of Title 42, and
amended provisions set out as a note under section
3796gg–2 of Title 42.
CODIFICATION
In subsec. (f)(1), ‘‘section 116 of title 46’’ substituted
for ‘‘section 2101(46) of title 46, United States Code’’ on
authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat.
1709, section 4 of which enacted subtitle I of Title 46,
Shipping.
AMENDMENTS
2015—Subsec. (g)(9)(A). Pub. L. 114–113 substituted
‘‘2013, 2014, or 2015 shall not again be counted toward
such limitation during fiscal year 2016.’’ for ‘‘2004, 2005,
or 2006 shall not again be counted toward such limitation during fiscal year 2007.’’
2013—Subsec. (d)(1). Pub. L. 113–4, § 807(a)(1)(A), substituted ‘‘crime described in paragraph (3)(B) and information on any permanent protection or restraining
order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i).’’ for
‘‘crime.’’
Subsec. (d)(2)(A). Pub. L. 113–4, § 807(a)(1)(B), substituted ‘‘the Secretary of Homeland Security’’ for ‘‘a
consular officer’’ and ‘‘the Secretary’’ for ‘‘the officer’’
in introductory provisions.
Subsec. (d)(3)(B)(i). Pub. L. 113–4, § 807(a)(1)(C), substituted ‘‘abuse, stalking, or an attempt to commit any
such crime.’’ for ‘‘abuse, and stalking.’’
Subsec. (p)(7). Pub. L. 113–4, § 805(a), added par. (7).
Subsec. (r)(1). Pub. L. 113–4, § 807(a)(2)(A), substituted
‘‘crime described in paragraph (5)(B) and information
on any permanent protection or restraining order issued against the petitioner related to any specified
crime described in subsection (5)(B)(i).’’ for ‘‘crime.’’
Subsec. (r)(4)(B)(ii). Pub. L. 113–4, § 807(a)(2)(B),
amended cl. (ii) generally. Prior to amendment, cl. (ii)
read as follows: ‘‘A copy of the information and resources pamphlet on domestic violence developed under
section 1375a(a) of this title shall be mailed to the beneficiary along with the notification required in clause
(i).’’
Subsec. (r)(5)(B)(i). Pub. L. 113–4, § 807(a)(3), substituted ‘‘abuse, stalking, or an attempt to commit any
such crime.’’ for ‘‘abuse, and stalking.’’

§ 1184

2008—Subsec. (a)(1). Pub. L. 110–229 substituted
‘‘Guam or the Commonwealth of the Northern Mariana
Islands’’ for ‘‘Guam’’ wherever appearing and substituted ‘‘45 days’’ for ‘‘fifteen days’’.
Subsec. (l)(1)(D)(ii). Pub. L. 110–362 substituted ‘‘10’’
for ‘‘5’’.
Subsec. (o)(7)(B). Pub. L. 110–457, § 201(b)(1), inserted
dash after ‘‘if’’, designated remainder of existing provisions as cl. (i), and added cls. (ii) and (iii).
Subsec. (o)(7)(C). Pub. L. 110–457, § 201(b)(2), added subpar. (C).
Subsec. (p)(6). Pub. L. 110–457, § 201(c), inserted at end
‘‘The Secretary of Homeland Security may extend, beyond the 4-year period authorized under this section,
the authorized period of status of an alien as a nonimmigrant under section 1101(a)(15)(U) of this title if
the Secretary determines that an extension of such period is warranted due to exceptional circumstances.
Such alien’s nonimmigrant status shall be extended beyond the 4-year period authorized under this section if
the alien is eligible for relief under section 1255(m) of
this title and is unable to obtain such relief because
regulations have not been issued to implement such
section and shall be extended during the pendency of an
application for adjustment of status under section
1255(m) of this title. The Secretary may grant work authorization to any alien who has a pending, bona fide
application for nonimmigrant status under section
1101(a)(15)(U) of this title.’’
2006—Subsec. (c)(4)(A)(i), (ii). Pub. L. 109–463, § 2(a),
added cls. (i) and (ii) and struck out former cls. (i) and
(ii) which read as follows:
‘‘(i) performs as an athlete, individually or as part of
a group or team, at an internationally recognized level
of performance, and
‘‘(ii) seeks to enter the United States temporarily
and solely for the purpose of performing as such an athlete with respect to a specific athletic competition.’’
Subsec. (c)(4)(F) to (H). Pub. L. 109–463, § 2(b)–(d),
added subpars. (F) to (H).
Subsec. (d). Pub. L. 109–162, § 832(a)(1), designated existing provisions as par. (1), inserted after second sentence ‘‘Such information shall include information on
any criminal convictions of the petitioner for any specified crime.’’, substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ wherever appearing,
and added pars. (2) and (3).
Subsec. (g)(9)(A). Pub. L. 109–364, § 1074(a)(1), substituted ‘‘Subject to subparagraphs (B) and (C), an alien
who has already been counted toward the numerical
limitation of paragraph (1)(B) during fiscal year 2004,
2005, or 2006 shall not again be counted toward such
limitation during fiscal year 2007’’ for ‘‘Subject to subparagraphs (B) and (C), an alien who has already been
counted toward the numerical limitations of paragraph
(1)(B) during any 1 of the 3 fiscal years prior to the fiscal year of the approved start date of a petition for a
nonimmigrant
worker
described
in
section
1101(a)(15)(H)(ii)(b) of this title shall not be counted toward such limitation for the fiscal year in which the
petition is approved’’.
Subsec. (g)(9)(B). Pub. L. 109–364, § 1074(a)(2), substituted ‘‘to admit or otherwise provide status under
section 1101(a)(15)(H)(ii)(b) of this title’’ for ‘‘referred to
in subparagraph (A)’’ in introductory provisions.
Subsec. (l)(2)(A). Pub. L. 109–162, § 821(c)(2), substituted ‘‘1258(a)(2)’’ for ‘‘1258(2)’’.
Subsec. (o)(7). Pub. L. 109–162, § 821(a), added par. (7).
Subsec. (p)(6). Pub. L. 109–162, § 821(b), added par. (6).
Subsec. (r)(1). Pub. L. 109–162, § 832(a)(2)(A), inserted
at end ‘‘Such information shall include information on
any criminal convictions of the petitioner for any specified crime.’’
Subsec. (r)(4), (5). Pub. L. 109–162, § 832(a)(2)(B), added
pars. (4) and (5).
2005—Subsec. (c)(13). Pub. L. 109–13, § 403(a), added par.
(13).
Subsec. (c)(14). Pub. L. 109–13, § 404(a), added par. (14).
Subsec. (g)(9). Pub. L. 109–13, § 402(a), added par. (9).
Subsec. (g)(10). Pub. L. 109–13, § 405, added par. (10).

§ 1184

TITLE 8—ALIENS AND NATIONALITY

Subsec. (g)(11). Pub. L. 109–13, § 501(b), added par. (11).
Subsec. (i)(1). Pub. L. 109–13, § 501(c), inserted
‘‘, section 1101(a)(15)(E)(iii) of this title,’’ after ‘‘section
1101(a)(15)(H)(i)(b) of this title’’ in introductory provisions.
2004—Subsec. (c)(2)(A). Pub. L. 108–447, § 413(a), struck
out at end ‘‘In the case of an alien seeking admission
under section 1101(a)(15)(L) of this title, the 1-year period of continuous employment required under such
section is deemed to be reduced to a 6-month period if
the importing employer has filed a blanket petition
under this subparagraph and met the requirements for
expedited processing of aliens covered under such petition.’’
Subsec. (c)(2)(F). Pub. L. 108–447, § 412(a), added subpar. (F).
Subsec. (c)(9)(A). Pub. L. 108–447, § 422(b)(1), struck
out ‘‘October 1, 2003’’ before ‘‘a petition under paragraph (1)’’ in introductory provisions.
Subsec. (c)(9)(B). Pub. L. 108–447, § 422(b)(2), (3), substituted ‘‘$1,500’’ for ‘‘$1,000’’ and inserted before period
at end ‘‘except that the fee shall be half the amount for
each such petition by any employer with not more than
25 full-time equivalent employees who are employed in
the United States (determined by including any affiliate or subsidiary of such employer)’’.
Subsec. (c)(12). Pub. L. 108–447, § 426(a), added par. (12).
Subsec. (g)(5). Pub. L. 108–447, § 425(a)(1), struck out
‘‘is employed (or has received an offer of employment)
at’’ after ‘‘section 1101(a)(15)(H)(i)(b) of this title who’’
in introductory provisions.
Subsec. (g)(5)(A). Pub. L. 108–447, § 425(a)(2), inserted
‘‘is employed (or has received an offer of employment)
at’’ before ‘‘an institution’’ and struck out ‘‘or’’ at end.
Subsec. (g)(5)(B). Pub. L. 108–447, § 425(a)(3), inserted
‘‘is employed (or has received an offer of employment)
at’’ before ‘‘a nonprofit’’ and substituted ‘‘; or’’ for period at end.
Subsec. (g)(5)(C). Pub. L. 108–447, § 425(a)(4), added subpar. (C).
Subsec. (l)(1)(D). Pub. L. 108–441, § 1(c), (d), substituted
‘‘agrees to practice primary care or specialty medicine’’ for ‘‘agrees to practice medicine’’ and ‘‘except
that—’’ for ‘‘except that, in the case of a request by the
Department of Veterans Affairs, the alien shall not be
required to practice medicine in a geographic area designated by the Secretary.’’ and added cls. (i) to (iii).
Subsec. (l)(2)(A). Pub. L. 108–441, § 1(b), inserted at end
‘‘The numerical limitations contained in subsection
(g)(1)(A) shall not apply to any alien whose status is
changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or
an interested State agency.’’
2003—Subsec. (b). Pub. L. 108–77, §§ 107(c), 404(1), temporarily substituted ‘‘(other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15)
of this title, and other than a nonimmigrant described
in any provision of section 1101(a)(15)(H)(i) of this title
except subclause (b1) of such section)’’ for ‘‘(other than
a nonimmigrant described in subparagraph (H)(i), (L),
or (V) of section 1101(a)(15) of this title)’’. See Effective
and Termination Dates of 2003 Amendments note below.
Subsec. (c)(1). Pub. L. 108–77, §§ 107(c), 404(2), temporarily substituted ‘‘subparagraph (H), (L), (O), or (P)(i)
of section 1101(a)(15) of this title (excluding nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title)’’
for ‘‘section 1101(a)(15)(H), (L), (O), or (P)(i) of this
title’’. See Effective and Termination Dates of 2003
Amendments note below.
Subsec. (c)(11). Pub. L. 108–77, §§ 107(c), 402(d)(1), temporarily added par. (11). See Effective and Termination
Dates of 2003 Amendments note below.
Subsec. (g)(8). Pub. L. 108–77, §§ 107(c), 402(a)(2)(B),
temporarily added par. (8). See Effective and Termination Dates of 2003 Amendments note below.
Subsec. (g)(8)(A). Pub. L. 108–78, §§ 107(c), 402(1), temporarily amended subpar. (A) generally. Prior to
amendment, subpar. (A) read as follows: ‘‘The agreement referred to in section 1101(a)(15)(H)(i)(b1) of this

Page 198

title is the United States-Chile Free Trade Agreement.’’ See Effective and Termination Dates of 2003
Amendments note below.
Subsec. (g)(8)(B)(ii). Pub. L. 108–78, §§ 107(c), 402(2),
temporarily amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘The annual numerical
limitations described in clause (i) shall not exceed 1,400
for nationals of Chile for any fiscal year. For purposes
of this clause, the term ‘national’ has the meaning
given such term in article 14.9 of the United StatesChile Free Trade Agreement.’’ See Effective and Termination Dates of 2003 Amendments note below.
Subsec. (h). Pub. L. 108–77, §§ 107(c), 404(3), temporarily substituted ‘‘(H)(i)(b) or (c)’’ for ‘‘(H)(i)’’. See Effective and Termination Dates of 2003 Amendments
note below.
Subsec. (i)(1). Pub. L. 108–77, §§ 107(c), 402(a)(2)(A)(i),
temporarily substituted ‘‘Except as provided in paragraph (3), for purposes’’ for ‘‘For purposes’’. See Effective and Termination Dates of 2003 Amendments note
below.
Subsec. (i)(3). Pub. L. 108–77, §§ 107(c), 402(a)(2)(A)(ii),
temporarily added par. (3). See Effective and Termination Dates of 2003 Amendments note below.
Subsec. (j). Pub. L. 108–77, §§ 107(c), 403, temporarily
designated existing provisions as par. (1), substituted
‘‘this paragraph’’ for ‘‘this subsection’’ in two places,
and added par. (2). See Effective and Termination Dates
of 2003 Amendments note below.
Subsec. (m). Pub. L. 108–193, § 8(a)(3), redesignated
subsec. (m), relating to increased portability of H–1B
status, as (n).
Subsec. (n). Pub. L. 108–193, § 8(a)(3), redesignated subsec. (m), relating to increased portability of H–1B
status, as (n). Former subsec. (n), relating to nonimmigrants guilty of trafficking in persons, redesignated (o).
Subsec. (n)(3). Pub. L. 108–193, § 4(b)(2)(A), inserted
‘‘siblings,’’ before ‘‘or parents’’.
Subsec. (n)(4) to (6). Pub. L. 108–193, § 4(b)(2)(B), added
pars. (4) to (6).
Subsec. (o). Pub. L. 108–193, § 8(a)(3), redesignated subsec. (n) as (o). Former subsec. (o), relating to requirements applicable to section 1101(a)(15)(U) visas, redesignated (p). Another former subsec. (o), relating to employment of nonimmigrants described in section
1101(a)(15)(V) of this title, redesignated (q).
Subsec. (p). Pub. L. 108–193, § 8(a)(3), redesignated subsec. (o), relating to requirements applicable to section
1101(a)(15)(U) visas, as (p). Former subsec. (p) redesignated (r).
Subsec. (q). Pub. L. 108–193, § 8(a)(3), redesignated subsec. (o), relating to employment of nonimmigrants described in section 1101(a)(15)(V) of this title, as (q).
Subsec. (r). Pub. L. 108–193, § 8(a)(3), redesignated subsec. (p) as (r).
2002—Subsec. (c)(2)(A). Pub. L. 107–125, § 2(a), inserted
at end ‘‘In the case of an alien seeking admission under
section 1101(a)(15)(L) of this title, the 1-year period of
continuous employment required under such section is
deemed to be reduced to a 6-month period if the importing employer has filed a blanket petition under this
subparagraph and met the requirements for expedited
processing of aliens covered under such petition.’’
Subsec. (c)(2)(E). Pub. L. 107–125, § 1, added subpar.
(E).
Subsec. (e)(6). Pub. L. 107–124 added par. (6).
Subsec. (l)(1)(B). Pub. L. 107–273 substituted ‘‘30;’’ for
‘‘20;’’.
Subsec. (m). Pub. L. 107–274 substituted ‘‘clause (i) or
(iii)
of
section
1101(a)(15)(F)’’
for
‘‘section
1101(a)(15)(F)(i)’’ in two places in subsec. (m) relating to
nonimmigrant elementary and secondary school students.
2001—Subsec. (k)(2). Pub. L. 107–45, § 1(2), redesignated
par. (3) as (2).
Pub. L. 107–45, § 1(1), which directed that subsec. (k)
be amended by striking (2), was executed by striking
par. (2) to reflect the probable intent of Congress. Prior
to amendment, par. (2) read as follows: ‘‘No alien may
be admitted into the United States as such a nonimmigrant more than 7 years after September 13, 1994.’’

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (k)(3). Pub. L. 107–45, § 1(2), redesignated par.
(4) as (3). Former par. (3) redesignated (2).
Subsec. (k)(4). Pub. L. 107–45, § 1(2), redesignated par.
(5) as (4). Former par. (4) redesignated (3).
Subsec. (k)(4)(E). Pub. L. 107–45, § 1(3), substituted
‘‘paragraph (3)’’ for ‘‘paragraph (4)’’.
Subsec. (k)(5). Pub. L. 107–45, § 1(2), redesignated par.
(5) as (4).
2000—Subsec. (b). Pub. L. 106–553, § 1(a)(2) [title XI,
§ 1102(d)(1)], substituted ‘‘(H)(i), (L), or (V)’’ for ‘‘(H)(i)
or (L)’’.
Subsec. (c)(9)(A). Pub. L. 106–311, § 1(1), substituted
‘‘(excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001(a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students
registered at any such institution, a nonprofit research
organization, or a governmental research organization)
filing before October 1, 2003’’ for ‘‘(excluding an employer described in subparagraph (A) or (B) of section
1182(p)(1) of this title) filing (on or after December 1,
1998, and before October 1, 2001)’’.
Subsec. (c)(9)(B). Pub. L. 106–311, § 1(2), substituted
‘‘$1,000’’ for ‘‘$500’’.
Subsec. (c)(10). Pub. L. 106–396 added par. (10).
Subsec. (d). Pub. L. 106–553, § 1(a)(2) [title XI,
§ 1103(c)(1)],
substituted
‘‘1101(a)(15)(K)(i)’’
for
‘‘1101(a)(15)(K)’’.
Subsec. (g)(1)(A)(iv) to (vii). Pub. L. 106–313, § 102(a),
added cls. (iv) to (vi), redesignated former cl. (v) as
(vii), and struck out former cl. (iv) which read as follows: ‘‘107,500 in fiscal year 2001; and’’.
Subsec. (g)(3). Pub. L. 106–313, § 108, amended par. (3)
generally. Prior to amendment, par. (3) read as follows:
‘‘Aliens who are subject to the numerical limitations of
paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status.’’
Subsec. (g)(5) to (7). Pub. L. 106–313, § 103, added pars.
(5) to (7).
Subsec. (h). Pub. L. 106–553, § 1(a)(2) [title XI,
§ 1102(d)(1)], substituted ‘‘(H)(i), (L), or (V)’’ for ‘‘(H)(i)
or (L)’’.
Subsec. (l). Pub. L. 106–386, § 107(e)(2)(A), redesignated
subsec. (l), relating to nonimmigrant elementary and
secondary school students, as (m).
Subsec. (m). Pub. L. 106–386, § 107(e)(2)(A), redesignated subsec. (l), relating to nonimmigrant elementary
and secondary school students, as (m).
Pub. L. 106–313, § 105(a), added subsec. (m) relating to
increased portability of H–1B status.
Subsec. (n). Pub. L. 106–386, § 107(e)(2)(B), added subsec. (n).
Subsec. (o). Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(b)],
added subsec. (o) relating to employment of nonimmigrants described in section 1101(a)(15)(V) of this title.
Pub. L. 106–386, § 1513(c), added subsec. (o) relating to
requirements applicable to section 1101(a)(15)(U) visas.
Subsec. (p). Pub. L. 106–553, § 1(a)(2) [title XI,
§ 1103(b)], added subsec. (p).
1999—Subsec. (k)(2). Pub. L. 106–104 substituted ‘‘7
years’’ for ‘‘5 years’’.
1998—Subsec. (c)(9). Pub. L. 105–277, § 414(a), added par.
(9).
Subsec. (g)(1)(A). Pub. L. 105–277, § 411(a), amended
subpar. (A) generally. Prior to amendment, subpar. (A)
read as follows: ‘‘under section 1101(a)(15)(H)(i)(b) of
this title may not exceed 65,000, or’’.
1997—Subsec. (l)(1)(D). Pub. L. 105–65 inserted before
period at end ‘‘, except that, in the case of a request by
the Department of Veterans Affairs, the alien shall not
be required to practice medicine in a geographic area
designated by the Secretary’’.
1996—Subsec. (c)(2)(A). Pub. L. 104–208, § 308(f)(1)(G),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (c)(5)(B). Pub. L. 104–208, § 308(f)(3)(B), substituted ‘‘is admitted to’’ for ‘‘enters’’.
Subsec. (d). Pub. L. 104–208, § 308(g)(5)(A)(i), (7)(A),
substituted ‘‘sections 1229a and 1231’’ for ‘‘sections 1252
and 1253’’.

§ 1184

Pub. L. 104–208, § 308(f)(1)(H), substituted ‘‘admission’’
for ‘‘entry’’.
Pub. L. 104–208, § 308(e)(2)(B), substituted ‘‘removed’’
for ‘‘deported’’.
Subsec. (f)(1). Pub. L. 104–208, § 671(e)(4)(A), substituted ‘‘section 40102(a)(2) of title 49’’ for ‘‘section
101(3) of the Federal Aviation Act of 1958’’.
Subsec. (j). Pub. L. 104–208, § 671(a)(3)(A), redesignated
subsec. (j), relating to numerical limitations on the
number of aliens provided with nonimmigrant visas, as
(k).
Subsec. (j)(1). Pub. L. 104–208, § 621, substituted ‘‘200’’
for ‘‘100’’ and ‘‘50’’ for ‘‘25’’.
Subsec. (k). Pub. L. 104–208, § 671(a)(3)(A), redesignated subsec. (j), relating to numerical limitations on
the number of aliens provided with nonimmigrant
visas, as (k). Former (k) redesignated (l).
Pub. L. 104–208, § 622(c), amended subsec. (k) generally, substituting provisions relating to requests by interested State and Federal agencies for waivers of the
two-year foreign residence requirement under section
1182(e) of this title for former provisions relating to requests by interested State agencies for such waivers.
Subsec. (k)(4)(C). Pub. L. 104–208, § 308(e)(1)(D), amended subsec. (k)(4)(C), as redesignated by Pub. L. 104–208,
§ 671(a)(3)(A), by substituting ‘‘removal’’ for ‘‘deportation’’.
Subsec. (l). Pub. L. 104–208, § 671(a)(3)(A), redesignated
subsec. (k) as (l).
Pub. L. 104–208, § 625(a)(1), added subsec. (l) relating to
nonimmigrant elementary and secondary school students.
1994—Subsec. (j). Pub. L. 103–322 added subsec. (j) relating to numerical limitations on the number of aliens
provided with nonimmigrant visas.
Subsec. (k). Pub. L. 103–416 added subsec. (k).
1993—Subsec. (e). Pub. L. 103–182, § 341(b), designated
existing provisions as par. (1) and added pars. (2) to (5).
Subsec. (j). Pub. L. 103–182, § 341(c), added subsec. (j).
1991—Subsec. (a)(2)(A). Pub. L. 102–232, § 303(a)(11),
substituted ‘‘described in section 1101(a)(15)(O)’’ for
‘‘under section 1101(a)(15)(O)’’.
Pub. L. 102–232, § 205(d), inserted ‘‘(or events)’’ after
‘‘event’’.
Subsec. (a)(2)(B). Pub. L. 102–232, § 206(a), designated
cl. (i) as subpar. (B) and struck out cl. (ii) which read
as follows: ‘‘An alien who is admitted as a nonimmigrant under clause (ii) or (iii) of section
1101(a)(15)(P) of this title may not be readmitted as
such a nonimmigrant unless the alien has remained
outside the United States for at least 3 months after
the date of the most recent admission. The Attorney
General may waive the application of the previous sentence in the case of individual tours in which the application would work an undue hardship.’’
Subsec. (c)(2)(A). Pub. L. 102–232, § 303(a)(10)(A), substituted ‘‘individual petitions’’ for ‘‘individuals petitions’’.
Subsec. (c)(2)(D). Pub. L. 102–232, § 303(a)(10)(B), substituted ‘‘involves’’ for ‘‘involved’’.
Subsec. (c)(3). Pub. L. 102–232, § 205(e), inserted at end
‘‘The Attorney General shall provide by regulation for
the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 1101(a)(15)(O)(i)
of this title because of extraordinary ability in the arts
and who seek readmission to perform similar services
within 2 years after the date of a consultation under
such subparagraph. Not later than 5 days after the date
such a waiver is provided, the Attorney General shall
forward a copy of the petition and all supporting documentation to the national office of an appropriate
labor organization.’’
Subsec. (c)(3)(A). Pub. L. 102–232, § 204(1), substituted
‘‘after consultation in accordance with paragraph (6)’’
for ‘‘after consultation with peer groups in the area of
the alien’s ability’’.
Subsec. (c)(3)(B). Pub. L. 102–232, § 204(2), substituted
‘‘after consultation in accordance with paragraph (6)
or, in the case of such an alien seeking entry for a mo-

§ 1184

TITLE 8—ALIENS AND NATIONALITY

tion picture or television production, after consultation with such a labor organization and a management
organization in the area of the alien’s ability’’ for
‘‘after consultation with labor organizations with expertise in the skill area involved’’.
Subsec. (c)(4)(A), (B). Pub. L. 102–232, § 203(b), added
subpars. (A) and (B) and redesignated former subpars.
(A) and (B) as (C) and (D), respectively.
Subsec. (c)(4)(C). Pub. L. 102–232, § 204(3), struck out
‘‘clause (ii) of’’ after ‘‘under’’.
Pub. L. 102–232, § 203(b), redesignated subpar. (A) as
(C). Former subpar. (C) redesignated (E).
Subsec. (c)(4)(D). Pub. L. 102–232, § 204(4), substituted
‘‘after consultation in accordance with paragraph (6)’’
for ‘‘after consultation with labor organizations with
expertise in the specific field of athletics or entertainment involved’’.
Pub. L. 102–232, § 203(b), redesignated subpar. (B) as
(D).
Subsec. (c)(4)(E). Pub. L. 102–232, § 206(c)(2), struck out
before period at end ‘‘, in order to assure reciprocity in
fact with foreign states’’.
Pub. L. 102–232, § 203(b), redesignated subpar. (C) as
(E).
Subsec. (c)(5). Pub. L. 102–232, § 207(a), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(5)(A). Pub. L. 102–232, § 303(a)(12), substituted ‘‘1101(a)(15)(H)(ii)(b)’’ for ‘‘1101(H)(ii)(b)’’.
Subsec. (c)(6), (7). Pub. L. 102–232, § 204(5), (6), added
par. (6) and redesignated former par. (6) as (7).
Subsec. (c)(8). Pub. L. 102–232, § 207(c)(1), added par.
(8).
Subsec. (g)(1). Pub. L. 102–232, § 202(a), inserted ‘‘or’’
at end of subpar. (A), substituted a period for ‘‘, or’’ at
end of subpar. (B), and struck out subpar. (C) which
read as follows: ‘‘under section 1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of this title may not exceed
25,000.’’
1990—Subsec. (a). Pub. L. 101–649, § 207(b)(1), designated existing provisions as par. (1) and added par.
(2).
Subsec. (b). Pub. L. 101–649, § 205(b)(1), inserted
‘‘(other than a nonimmigrant described in subparagraph (H)(i) or (L) of section 1101(a)(15) of this title)’’
after ‘‘Every alien’’.
Subsec. (c). Pub. L. 101–649, §§ 206(b), 207(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, § 202(a), added subsec. (f).
Subsecs. (g) to (i). Pub. L. 101–649, § 205(a), (b)(2),
(c)(2), added subsecs. (g) to (i).
1988—Subsec. (c). Pub. L. 100–525, § 2(l)(1), amended
Pub. L. 99–603, § 301(b). See 1986 Amendment note below.
Subsec. (e). Pub. L. 100–449 temporarily added subsec.
(e). See Effective and Termination Dates of 1988
Amendment note below.
1986—Subsec. (a). Pub. L. 99–603, § 313(b), inserted provision directing that no alien admitted without a visa
pursuant to section 1187 of this title may be authorized
to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission.
Subsec. (c). Pub. L. 99–603, § 301(b), as amended by
Pub. L. 100–525, § 2(l)(1), inserted provisions relating to
nonimmigrants described in section 1101(a)(15)(H)(ii)(a)
of this title.
Subsec. (d). Pub. L. 99–639, § 3(a), substituted ‘‘have
previously met in person within 2 years before the date
of filing the petition, have a bona fide intention to
marry,’’ for ‘‘have a bona fide intention to marry’’, and
inserted ‘‘, except that the Attorney General in his discretion may waive the requirement that the parties
have previously met in person’’.
Pub. L. 99–639, § 3(c), struck out last sentence which
read: ‘‘In the event the marriage between the said alien
and the petitioner shall occur within three months
after the entry and they are found otherwise admissible, the Attorney General shall record the lawful ad-

Page 200

mission for permanent residence of the alien and minor
children as of the date of the payment of the required
visa fees.’’
1984—Subsec. (a). Pub. L. 98–454 inserted ‘‘No alien admitted to Guam without a visa pursuant to section
1182(l) of this title may be authorized to enter or stay
in the United States other than in Guam or to remain
in Guam for a period exceeding fifteen days from date
of admission to Guam.’’
1970—Subsec. (c). Pub. L. 91–225, § 3(a), inserted reference to subpar. (L) of section 1101(a)(15) of this title.
Subsec. (d). Pub. L. 91–225, § 3(b), added subsec. (d).
EFFECTIVE DATE OF 2013 AMENDMENT
Pub. L. 113–4, title VIII, § 805(b), Mar. 7, 2013, 127 Stat.
111, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect as
if enacted as part of the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106–386; 114
Stat. 1464).’’
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–457 effective Dec. 23, 2008,
and applicable to applications for immigration benefits
filed on or after Dec. 23, 2008, see section 201(f) of Pub.
L. 110–457, set out as a note under section 1101 of this
title.
Amendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of
Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective
Date note under section 1806 of Title 48.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–364, div. A, title X, § 1074(c), Oct. 17, 2006,
120 Stat. 2403, provided that: ‘‘The amendments made
by this section [amending this section and provisions
set out as a note under this section] shall take effect
on October 1, 2006. If this section is enacted after October 1, 2006, the amendments made by this section shall
take effect as if enacted on such date.’’
Pub. L. 109–162, title VIII, § 832(a)(3), Jan. 5, 2006, 119
Stat. 3068, provided that: ‘‘The amendments made by
this subsection [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Jan. 5, 2006].’’
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, title IV, § 402(b), May 11, 2005,
119 Stat. 318, as amended by Pub. L. 109–364, div. A, title
X, § 1074(b), Oct. 17, 2006, 120 Stat. 2403, provided that:
‘‘(1) IN GENERAL.—The amendment in subsection (a)
[amending this section] shall take effect as if enacted
on October 1, 2004.
‘‘(2) IMPLEMENTATION.—Not later than 14 days after
the date of the enactment of this Act [May 11, 2005], the
Secretary of Homeland Security shall begin accepting
and processing petitions filed on behalf of aliens described in section 101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)(15)(H)(ii)(b)], in a
manner consistent with this section [amending this
section] and the amendments made by this section.
Notwithstanding section 214(g)(9)(B) of such Act [8
U.S.C. 1184(g)(9)(B)], as added by subsection (a), the
Secretary of Homeland Security shall allocate additional numbers for fiscal year 2005 based on statistical
estimates and projections derived from Department of
State data.’’
Pub. L. 109–13, div. B, title IV, § 403(c), May 11, 2005,
119 Stat. 319, provided that: ‘‘The amendments made by
subsections (a) and (b) [amending this section and section 1356 of this title] shall take effect 14 days after the
date of the enactment of this Act [May 11, 2005] and
shall apply to filings for a fiscal year after fiscal year
2005.’’
Pub. L. 109–13, div. B, title IV, § 404(b), May 11, 2005,
119 Stat. 320, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall take effect
on October 1, 2005.’’

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EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–447, div. J, title IV, § 412(b), Dec. 8, 2004,
118 Stat. 3352, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply to
petitions filed on or after the effective date of this subtitle [subtitle A, effective 180 days after Dec. 8, 2004, see
below], whether for initial, extended, or amended classification.’’
Pub. L. 108–447, div. J, title IV, § 413(b), Dec. 8, 2004,
118 Stat. 3352, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply only
to petitions for initial classification filed on or after
the effective date of this subtitle [subtitle A, effective
180 days after Dec. 8, 2004, see below].’’
Pub. L. 108–447, div. J, title IV, § 417, Dec. 8, 2004, 118
Stat. 3353, provided that: ‘‘This subtitle [subtitle A
(§§ 411–417) of title IV of div. J of Pub. L. 108–447, enacting section 1380 of this title, amending this section, and
enacting provisions set out as notes under this section
and section 1101 of this title] and the amendments
made by this subtitle shall take effect 180 days after
the date of enactment of this Act [Dec. 8, 2004].’’
Amendment by sections 422(b) and 426(a) of Pub. L.
108–447 effective Dec. 8, 2004, and amendment by section
425(a) of Pub. L. 108–447 effective 90 days after Dec. 8,
2004, see section 430 of Pub. L. 108–447, set out as a note
under section 1182 of this title.
Pub. L. 108–447, div. J, title IV, § 426(c), Dec. 8, 2004,
118 Stat. 3358, provided that: ‘‘The amendments made
by this section [amending this section and section 1356
of this title] shall take effect on the date of enactment
of this Act [Dec. 8, 2004], and the fees imposed under
such amendments shall apply to petitions under section
214(c) of the Immigration and Nationality Act [8 U.S.C.
1184(c)], and applications for nonimmigrant visas under
section 222 of such Act [8 U.S.C. 1202], filed on or after
the date that is 90 days after the date of the enactment
of this Act.’’
EFFECTIVE AND TERMINATION DATES OF 2003
AMENDMENTS
Amendment by Pub. L. 108–78 effective on the date
the United States-Singapore Free Trade Agreement enters into force (Jan. 1, 2004), and ceases to be effective
on the date the Agreement ceases to be in force, see
section 107 of Pub. L. 108–78, set out in a note under section 3805 of Title 19, Customs Duties.
Amendment by Pub. L. 108–77 effective on the date
the United States-Chile Free Trade Agreement enters
into force (Jan. 1, 2004), and ceases to be effective on
the date the Agreement ceases to be in force, see section 107 of Pub. L. 108–77, set out as a note under section 3805 of Title 19, Customs Duties.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–273 effective as if enacted
May 31, 2002, see section 11018(d) of Pub. L. 107–273, set
out as a note under section 1182 of this title.
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendment by section 1(a)(2) [title XI, § 1102(b),
(d)(1)] of Pub. L. 106–553 effective Dec. 21, 2000, and applicable to alien who is beneficiary of classification petition filed under section 1154 of this title on or before
Dec. 21, 2000, see section 1(a)(2) [title XI, § 1102(e)] of
Pub. L. 106–553, set out as a note under section 1101 of
this title.
Amendment by section 1(a)(2) [title XI, § 1103(b),
(c)(1)] of Pub. L. 106–553 effective Dec. 21, 2000, and applicable to alien who is beneficiary of classification petition filed under section 1154 of this title before, on, or
after Dec. 21, 2000, see section 1(a)(2) [title XI, § 1103(d)]
of Pub. L. 106–553, set out as a note under section 1101
of this title.
Pub. L. 106–313, title I, § 105(b), Oct. 17, 2000, 114 Stat.
1253, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to petitions filed before, on, or after the date of enactment of
this Act [Oct. 17, 2000].’’

§ 1184

Pub. L. 106–311, § 2, Oct. 17, 2000, 114 Stat. 1247, provided that: ‘‘The amendment made by section 1(2)
[amending this section] shall apply only to petitions
that are filed on or after the date that is 2 months after
the date of the enactment of this Act [Oct. 17, 2000].’’
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–277, div. C, title IV, § 411(b), Oct. 21, 1998,
112 Stat. 2681–642, provided that: ‘‘The amendment
made by subsection (a) [amending this section] applies
beginning with fiscal year 1999.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(1)(D), (2)(B), (f)(1)(G),
(H), (3)(B), (g)(5)(A)(i), (7)(A) of Pub. L. 104–208 effective,
with certain transitional provisions, on the first day of
the first month beginning more than 180 days after
Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out
as a note under section 1101 of this title.
Amendment by section 625(a)(1) of Pub. L. 104–208 applicable to individuals who obtain status of nonimmigrant under section 1101(a)(15)(F) of this title
after end of 60-day period beginning Sept. 30, 1996, including aliens whose status as such a nonimmigrant is
extended after end of such period, see section 625(c) of
Pub. L. 104–208, set out as a note under section 1101 of
this title.
Amendment by section 671(a)(3)(A) of Pub. L. 104–208
effective as if included in the enactment of the Violent
Crime Control and Law Enforcement Act of 1994, Pub.
L. 103–322, see section 671(a)(7) of Pub. L. 104–208, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–416 applicable to aliens
admitted to United States under section 1101(a)(15)(J)
of this title, or acquiring such status after admission to
United States, before, on, or after Oct. 25, 1994, and before June 1, 2008, 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
AMENDMENT
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.

§ 1184

TITLE 8—ALIENS AND NATIONALITY

Amendment by Pub. L. 100–449 effective on the date
the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect
on the date the Agreement ceases to be in force, see
section 501(a), (c) of Pub. L. 100–449, set out in a note
under section 2112 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1986 AMENDMENTS
Pub. L. 99–639, § 3(d)(1), (3), Nov. 10, 1986, 100 Stat. 3542,
provided that:
‘‘(1) The amendments made by subsection (a) [amending this section] shall apply to petitions approved on or
after the date of the enactment of this Act [Nov. 10,
1986].
‘‘(3) The amendment made by subsection (c) [amending this section] shall apply to aliens issued visas under
section 101(a)(15)(K) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(K)] on or after the date of
the enactment of this Act.’’
Amendment by section 301(b) of Pub. L. 99–603 applicable to petitions and applications filed under sections
1184(c) and 1188 of this title on or after the first day of
the seventh month beginning after Nov. 6, 1986, see section 301(d) of Pub. L. 99–603, as amended, set out as an
Effective Date note under section 1188 of this title.
TRANSFER OF 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.
LIMITATION ON USE OF CERTAIN INFORMATION
Pub. L. 109–162, title VIII, § 832(b), Jan. 5, 2006, 119
Stat. 3068, provided that: ‘‘The fact that an alien described in clause (i) or (ii) of section 101(a)(15)(K) of the
Immigration
and
Nationality
Act
(8
U.S.C.
1101(a)(15)(K)) is aware of any information disclosed
under the amendments made by this section [amending
this section] or under section 833 [enacting section
1375a of this title and repealing section 1375 of this
title] shall not be used to deny the alien eligibility for
relief under any other provision of law.’’
EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT
Pub. L. 109–13, div. B, title IV, § 407, May 11, 2005, 119
Stat. 321, provided that: ‘‘The requirements of chapter
5 of title 5, United States Code (commonly referred to
as the ‘Administrative Procedure Act’) or any other
law relating to rulemaking, information collection or
publication in the Federal Register, shall not apply to
any action to implement sections 402, 403, and 405
[amending this section and section 1356 of this title and
enacting provisions set out as notes under this section]
or the amendments made by such sections to the extent
the Secretary Homeland of Security, the Secretary of
Labor, or the Secretary of State determine that compliance with any such requirement would impede the
expeditious implementation of such sections or the
amendments made by such sections.’’
L VISA INTERAGENCY TASK FORCE AND INSPECTOR
GENERAL REPORT
Pub. L. 108–447, div. J, title IV, §§ 415, 416, Dec. 8, 2004,
118 Stat. 3352, provided that:
‘‘SEC. 415. INSPECTOR GENERAL REPORT ON L
VISA PROGRAM.
‘‘Not later than 6 months after the date of enactment
of this Act [Dec. 8, 2004], the Inspector General of the
Department of Homeland Security shall, consistent

Page 202

with the authority granted the Department under section 428 of the Homeland Security Act of 2002 (6 U.S.C.
236), examine and report to the Committees on the Judiciary of the House of Representatives and the Senate
on the vulnerabilities and potential abuses in the visa
program carried out under section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) with respect
to
nonimmigrants
described
in
section
101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)).
‘‘SEC. 416. ESTABLISHMENT OF TASK FORCE.
‘‘(a) ESTABLISHMENT.—Not later than 6 months after
the date of enactment of this Act [Dec. 8, 2004], there
shall be established an L Visa Interagency Task Force
that consists of representatives from the Department
of Homeland Security, the Department of Justice, and
the Department of State. The Secretaries of each Department and each relevant bureau of the Department
of Homeland Security shall appoint designees to the L
Visa Interagency Task Force. The L Visa Interagency
Task Force shall consult with other agencies deemed
appropriate.
‘‘(b) REPORT.—Not later than 6 months after the submission of the report by the Inspector General of the
Department of Homeland Security in accordance with
section 6 [probably means section 415 of div. J. of Pub.
L. 108–447], the L Visa Interagency Task Force shall report to the Committees on the Judiciary of the House
of Representatives and the Senate on the efforts to implement the recommendations set forth by the Inspector General’s report. The L Visa Interagency Task
Force shall note specific areas of agreement and disagreement, and make recommendations to Congress on
the findings of the Task Force, including any suggestions for legislation. The Task Force shall also review
other additional issues as may be raised by the Inspector General’s report or by the Task Force’s own deliberations regarding the policies and purposes of the visa
program relative to national goals and transnational
commerce.’’
STATISTICAL INFORMATION ON COUNTRY OF ORIGIN,
OCCUPATION, EDUCATIONAL LEVEL AND COMPENSATION
Pub. L. 108–447, div. J, title IV, § 425(b), Dec. 8, 2004,
118 Stat. 3356, provided that: ‘‘Beginning on the date of
enactment of this Act [Dec. 8, 2004], the Secretary of
Homeland Security shall maintain statistical information on the country of origin and occupation of, educational level maintained by, and compensation paid
to, each alien who is issued a visa or otherwise provided
nonimmigrant status and is exempt under section
214(g)(5) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(5)) for each fiscal year. The statistical information shall be included in the annual report to
Congress under section 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 (Public Law 105–277; 112 Stat. 2681–655) [set out below].’’
ADDITIONAL VISAS FOR FISCAL YEARS 1999 AND 2000
Pub. L. 106–313, title I, § 102(b), Oct. 17, 2000, 114 Stat.
1251, provided that:
‘‘(1) IN GENERAL.—(A) Notwithstanding section
214(g)(1)(A)(ii) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens
who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of
such Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] in fiscal year 1999
is increased by a number equal to the number of aliens
who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and
ending on September 30, 1999.
‘‘(B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(i)(b) is filed
before September 1, 2000, and is subsequently approved,
that alien shall be counted toward the numerical ceiling for fiscal year 2000 notwithstanding the date of the
approval of the petition. Notwithstanding section
214(g)(1)(A)(iii) of the Immigration and Nationality
Act, the total number of aliens who may be issued visas

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TITLE 8—ALIENS AND NATIONALITY

or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is
increased by a number equal to the number of aliens
who may be issued visas or otherwise provided nonimmigrant status who filed a petition during the period
beginning on the date on which the limitation in such
section 214(g)(1)(A)(iii) is reached and ending on August
31, 2000.
‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall take effect
as if included in the enactment of section 411 of the
American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C
of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105–277)
[see Effective Date of 1998 Amendment note above].’’
ONE-TIME PROTECTION UNDER PER COUNTRY CEILING
Pub. L. 106–313, title I, § 104(c), Oct. 17, 2000, 114 Stat.
1253, provided that: ‘‘Notwithstanding section 214(g)(4)
of the Immigration and Nationality Act (8 U.S.C.
1184(g)(4)), any alien who—
‘‘(1) is the beneficiary of a petition filed under section 204(a) of that Act [8 U.S.C. 1154(a)] for a preference status under paragraph (1), (2), or (3) of section
203(b) of that Act [8 U.S.C. 1153(b)]; and
‘‘(2) is eligible to be granted that status but for application of the per country limitations applicable to
immigrants under those paragraphs,
may apply for, and the Attorney General may grant, an
extension of such nonimmigrant status until the alien’s
application for adjustment of status has been processed
and a decision made thereon.’’
SPECIAL PROVISIONS IN CASES OF LENGTHY
ADJUDICATIONS
Pub. L. 106–313, title I, § 106(a), (b), Oct. 17, 2000, 114
Stat. 1253, 1254, as amended by Pub. L. 107–273, div. C,
title I, § 11030A, Nov. 2, 2002, 116 Stat. 1836, provided
that:
‘‘(a) EXEMPTION FROM LIMITATION.—The limitation
contained in section 214(g)(4) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the
duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise
provided
nonimmigrant
status
under
section
101(a)(15)(H)(i)(b)
of
such
Act
(8
U.S.C.
1101(a)(15)(H)(i)(b)), if 365 days or more have elapsed
since the filing of any of the following:
‘‘(1) Any application for labor certification under
section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)),
in a case in which certification is required or used by
the alien to obtain status under section 203(b) of such
Act (8 U.S.C. 1153(b)).
‘‘(2) A petition described in section 204(b) of such
Act (3 U.S.C. 1154(b)) [8 U.S.C. 1154(b)] to accord the
alien a status under section 203(b) of such Act.
‘‘(b) EXTENSION OF H–1B WORKER STATUS.—The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year
increments until such time as a final decision is
made—
‘‘(1) to deny the application described in subsection
(a)(1), or, in a case in which such application is granted, to deny a petition described in subsection (a)(2)
filed on behalf of the alien pursuant to such grant;
‘‘(2) to deny the petition described in subsection
(a)(2); or
‘‘(3) to grant or deny the alien’s application for an
immigrant visa or for adjustment of status to that of
an alien lawfully admitted for permanent residence.’’
EXCLUSION OF CERTAIN ‘‘J’’ NONIMMIGRANTS FROM NUMERICAL
LIMITATIONS
APPLICABLE
TO
‘‘H–1B’’
NONIMMMIGRANTS
Pub. L. 106–313, title I, § 114, Oct. 17, 2000, 114 Stat.
1262, provided that: ‘‘The numerical limitations contained in section 102 of this title [amending this section
and enacting provisions set out as a note above] shall
not apply to any nonimmigrant alien granted a waiver

§ 1184

that is subject to the limitation contained in paragraph
(1)(B) of the first section 214(l) of the Immigration and
Nationality Act [8 U.S.C. 1184(l)] (relating to restrictions on waivers).’’
IMPROVING COUNT OF H–1B AND H–2B NONIMMIGRANTS
Pub. L. 105–277, div. C, title IV, § 416, Oct. 21, 1998, 112
Stat. 2681–655, as amended by Pub. L. 109–13, div. B,
title IV, § 406, May 11, 2005, 119 Stat. 320, provided that:
‘‘(a) ENSURING ACCURATE COUNT.—The Secretary of
Homeland Security shall take such steps as are necessary to maintain an accurate count of the number of
aliens subject to the numerical limitations of section
214(g)(1) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)) who are issued visas or otherwise provided nonimmigrant status.
‘‘(b) REVISION OF PETITION FORMS.—The Secretary of
Homeland Security shall take such steps as are necessary to revise the forms used for petitions for visas or
nonimmigrant status under clause (i)(b) or (ii)(b) of
section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure that the
forms provide the Secretary of Homeland Security with
sufficient information to permit the Secretary of
Homeland Security accurately to count the number of
aliens subject to the numerical limitations of section
214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who are issued
visas or otherwise provided nonimmigrant status.
‘‘(c) PROVISION OF INFORMATION.—
‘‘(1) QUARTERLY NOTIFICATION.—Beginning not later
than 60 days after the first day of fiscal year 1999, the
Secretary of Homeland Security shall notify, on a
quarterly basis, the Committees on the Judiciary of
the United States House of Representatives and the
Senate of the numbers of aliens who were issued visas
or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] during the
preceding 3-month period.
‘‘(2) ANNUAL SUBMISSION.—Beginning with fiscal
year 2000, the Secretary of Homeland Security shall
submit on an annual basis, to the Committees on the
Judiciary of the United States House of Representatives and the Senate, information on the countries of
origin and occupations of, educational levels attained
by, and compensation paid to, aliens who were issued
visas or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(b) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] during the previous fiscal year. With respect to the first
submission under this paragraph, the information
shall relate solely to aliens provided nonimmigrant
status after the date that is 60 days after the date on
which final regulations are issued to carry out section 412(a) [amending section 1182 of this title].
‘‘(3) SPECIFICATION OF NUMBER OF PETITIONS FILED BY
CERTAIN EMPLOYERS.—Each notification under paragraph (1), and each submission under paragraph (2),
shall include the number of aliens who were issued
visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1) of the Immigration
and Nationality Act [8 U.S.C. 1182(p)(1)] (as added by
section 415 of this title).
‘‘(d) PROVISION OF INFORMATION.—
‘‘(1) SEMIANNUAL NOTIFICATION.—Beginning not
later than March 1, 2006, the Secretary of Homeland
Security and the Secretary of State shall notify, on
a semiannual basis, the Committees on the Judiciary
of the House of Representatives and the Senate of the
number of aliens who during the preceding 1-year period—
‘‘(A) were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)); or
‘‘(B) had such a visa or such status be revoked or
otherwise terminated.
‘‘(2) ANNUAL SUBMISSION.—Beginning in fiscal year
2007, the Secretary of Homeland Security and the

§ 1184

TITLE 8—ALIENS AND NATIONALITY

Secretary of State shall submit, on an annual basis,
to the Committees on the Judiciary of the House of
Representatives and the Senate—
‘‘(A) information on the countries of origin of, occupations of, and compensation paid to aliens who
were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) during the previous fiscal year;
‘‘(B) the number of aliens who had such a visa or
such status expire or be revoked or otherwise terminated during each month of such fiscal year; and
‘‘(C) the number of aliens who were provided nonimmigrant status under such section during both
such fiscal year and the preceding fiscal year.
‘‘(3) INFORMATION MAINTAINED BY STATE.—If the Secretary of Homeland Security determines that information maintained by the Secretary of State is required to make a submission described in paragraph
(1) or (2), the Secretary of State shall provide such information to the Secretary of Homeland Security
upon request.’’
REPORTING ON STUDIES SHOWING ECONOMIC IMPACT OF
H–1B NONIMMIGRANT INCREASE
Pub. L. 105–277, div. C, title IV, § 418(b), Oct. 21, 1998,
112 Stat. 2681–657, provided that: ‘‘The Chairman of the
Board of Governors of the Federal Reserve System, the
Director of the Office of Management and Budget, the
Chair of the Council of Economic Advisers, the Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Labor, and any other member of the Cabinet, shall promptly report to the Congress the results
of any reliable study that suggests, based on legitimate
economic analysis, that the increase effected by section 411(a) of this title [amending this section] in the
number of aliens who may be issued visas or otherwise
provided
nonimmigrant
status
under
section
101(a)(15)(H)(i)(b) of the Immigration and Nationality
Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] has had an impact on
any national economic indicator, such as the level of
inflation or unemployment, that warrants action by
the Congress.’’
DEADLINE FOR FIRST REPORT WITH RESPECT TO
PETITIONS
Pub. L. 102–232, title II, § 207(c)(2), Dec. 12, 1991, 105
Stat. 1742, provided that: ‘‘The first report under section 214(c)(8) of the Immigration and Nationality Act [8
U.S.C. 1184(c)(8)] shall be provided not later than April
1, 1993.’’
DELAY UNTIL APRIL 1, 1992, IN APPLICATION OF
SUBSECTION (g)(1)(C) OF THIS 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
Pub. L. 101–649, title II, § 207(c), Nov. 29, 1990, 104 Stat.
5026, as amended by Pub. L. 102–232, title III, § 303(a)(13),
Dec. 12, 1991, 105 Stat. 1748, provided that:
‘‘(1) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a)
of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(H)(ii)(a)]) and who is authorized to be employed in an occupation, if nonimmigrants constitute a
majority of the members of the bargaining unit in the
occupation, during the period of any strike or lockout
in the occupation with the employer which strike or
lockout is pending on the date of the enactment of this
Act [Nov. 29, 1990] the alien—
‘‘(A) continues to be authorized to be employed in
the occupation for that employer, and
‘‘(B) is authorized to be employed in any occupation
for any other employer so long as such strike or lock-

Page 204

out continues with respect to that occupation and
employer.
‘‘(2) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a)
of the Immigration and Nationality Act) and who is authorized to be employed in an occupation, if nonimmigrants do not constitute a majority of the members of
the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the
employer which strike or lockout is pending on the
date of the enactment of this Act the alien—
‘‘(A) is not authorized to be employed in the occupation for that employer, and
‘‘(B) is authorized to be employed in any occupation
for any other employer so long as there is no strike
or lockout with respect to that occupation and employer.
‘‘(3) With respect to a nonimmigrant described in
paragraph (1) or (2) who does not perform unauthorized
employment, any limit on the period of authorized stay
shall be extended by the period of the strike or lockout,
except that any such extension may not continue beyond the maximum authorized period of stay.
‘‘(4) The provisions of this subsection shall take effect on the date of the enactment of this Act.’’
OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS
(F NONIMMIGRANTS)
Pub. L. 101–649, title II, § 221, Nov. 29, 1990, 104 Stat.
5027, as amended by Pub. L. 102–232, title III, § 303(b)(1),
(2), Dec. 12, 1991, 105 Stat. 1748; Pub. L. 103–416, title II,
§ 215(a), Oct. 25, 1994, 108 Stat. 4315, provided that:
‘‘(a) 5-YEAR PROVISION.—With respect to work authorization for aliens admitted as nonimmigrant students
described in subparagraph (F) of section 101(a)(15) of
the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)] during the 5-year period beginning October
1, 1991, the Attorney General shall grant such an alien
work authorization to be employed off-campus if—
‘‘(1) the alien has completed 1 academic year as
such a nonimmigrant and is maintaining good academic standing at the educational institution,
‘‘(2) the employer provides the educational institution and the Secretary of Labor with an attestation
that the employer (A) has recruited for at least 60
days for the position and (B) will provide for payment
to the alien and to other similarly situated workers
at a rate equal to not less than the actual wage level
for the occupation at the place of employment or, if
greater, the prevailing wage level for the occupation
in the area of employment, and
‘‘(3) the alien will not be employed more than 20
hours each week during the academic term (but may
be employed on a full-time basis during vacation periods and between academic terms).
If the Secretary of Labor determines that an employer
has provided an attestation under paragraph (2) that is
materially false or has failed to pay wages in accordance with the attestation, after notice and opportunity
for a hearing, the employer shall be disqualified from
employing an alien student under this subsection.
‘‘(b) REPORT TO CONGRESS.—Not later than April 1,
1996, the Commissioner of Immigration and Naturalization and the Secretary of Labor shall prepare and submit to the Congress a report on—
‘‘(1) whether the program of work authorization
under subsection (a) should be extended, and
‘‘(2) the impact of such program on prevailing
wages of workers.’’
LIMITATION ON ADMISSION OF ALIENS SEEKING
EMPLOYMENT IN THE VIRGIN ISLANDS
Notwithstanding any other provision of law, the Attorney General not to be authorized, on or after Sept.
30, 1982, to approve any petition filed under subsec. (c)
of this section in the case of importing any alien as a
nonimmigrant under section 1101(a)(15)(H)(ii) of this
title for employment in the Virgin Islands of the
United States other than as an entertainer or as an

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TITLE 8—ALIENS AND NATIONALITY

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.

§ 1184a. Philippine Traders as nonimmigrants
Upon a basis of reciprocity secured by agreement entered into by the President of the
United States and the President of the Philippines, a national of the Philippines, and the
spouse and children of any such national if accompanying or following to join him, may, if
otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.] (66 Stat. 163), be considered to be classifiable as a nonimmigrant under section
101(a)(15)(E) of said Act if entering solely for the
purposes specified in subsection (i) or (ii) of said
section.
(June 18, 1954, ch. 323, 68 Stat. 264.)
REFERENCES IN TEXT
The Immigration and Nationality Act, referred to in
text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, 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.
CODIFICATION
Section was not enacted as a part of the Immigration
and Nationality Act which comprises this chapter.

§ 1185. Travel control of citizens and aliens
(a) Restrictions and prohibitions
Unless otherwise ordered by the President, it
shall be unlawful—
(1) for any alien to depart from or enter or
attempt to depart from or enter the United
States except under such reasonable rules,
regulations, and orders, and subject to such
limitations and exceptions as the President
may prescribe;
(2) for any person to transport or attempt to
transport from or into the United States another person with knowledge or reasonable
cause to believe that the departure or entry of
such other person is forbidden by this section;
(3) for any person knowingly to make any
false statement in an application for permission to depart from or enter the United States
with intent to induce or secure the granting of
such permission either for himself or for another;

§ 1185

(4) for any person knowingly to furnish or
attempt to furnish or assist in furnishing to
another a permit or evidence of permission to
depart or enter not issued and designed for
such other person’s use;
(5) for any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed
for his use;
(6) for any person to forge, counterfeit, mutilate, or alter, or cause or procure to be
forged, counterfeited, mutilated, or altered,
any permit or evidence of permission to depart
from or enter the United States;
(7) for any person knowingly to use or attempt to use or furnish to another for use any
false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any
permit or evidence of permission which,
though originally valid, has become or been
made void or invalid.
(b) Citizens
Except as otherwise provided by the President
and subject to such limitations and exceptions
as the President may authorize and prescribe, it
shall be unlawful for any citizen of the United
States to depart from or enter, or attempt to depart from or enter, the United States unless he
bears a valid United States passport.
(c) Definitions
The term ‘‘United States’’ as used in this section includes the Canal Zone, and all territory
and waters, continental or insular, subject to
the jurisdiction of the United States. The term
‘‘person’’ as used in this section shall be deemed
to mean any individual, partnership, association, company, or other incorporated body of individuals, or corporation, or body politic.
(d) Nonadmission of certain aliens
Nothing in this section shall be construed to
entitle an alien to whom a permit to enter the
United States has been issued to enter the
United States, if, upon arrival in the United
States, he is found to be inadmissible under any
of the provisions of this chapter, or any other
law, relative to the entry of aliens into the
United States.
(e) Revocation of proclamation as affecting penalties
The revocation of any rule, regulation, or
order issued in pursuance of this section shall
not prevent prosecution for any offense committed, or the imposition of any penalties or forfeitures, liability for which was incurred under this
section prior to the revocation of such rule, regulation, or order.
(f) Permits to enter
Passports, visas, reentry permits, and other
documents required for entry under this chapter
may be considered as permits to enter for the
purposes of this section.
(June 27, 1952, ch. 477, title II, ch. 2, § 215, 66 Stat.
190; Pub. L. 95–426, title VII, § 707(a)–(d), Oct. 7,
1978, 92 Stat. 992, 993; Pub. L. 103–416, title II,
§ 204(a), Oct. 25, 1994, 108 Stat. 4311.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec.
(c), see section 3602(b) of Title 22, Foreign Relations and
Intercourse.