Supporting U.S.C.

Page 13

TITLE 8—ALIENS AND NATIONALITY

Section 1006, act Oct. 14, 1940, ch. 876, title III, § 706,
as added Dec. 28, 1945, ch. 590, § 1(c)(2), 59 Stat. 658, related to time of service limitation. See section 1440 of
this title.

Sec.

1203.
1204.

Reentry permit.
Immediate relative and special immigrant
visas.
Repealed.

1205.

CHAPTER 12—IMMIGRATION AND
NATIONALITY
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

1101.
1102.
1103.
1104.
1105.
1105a.
1106.
1107.

Definitions.
Diplomatic and semidiplomatic immunities.
Powers and duties of the Secretary, the Under
Secretary, and the Attorney General.
Powers and duties of Secretary of State.
Liaison with internal security officers; data
exchange.
Employment authorization for battered
spouses of certain nonimmigrants.
Repealed.
Additional report.
SUBCHAPTER II—IMMIGRATION
PART I—SELECTION SYSTEM

1151.
1151a.
1152.
1153.
1154.
1155.
1156.
1157.
1158.
1159.
1160.
1161.

Worldwide level of immigration.
Repealed.
Numerical limitations on individual foreign
states.
Allocation of immigrant visas.
Procedure for granting immigrant status.
Revocation of approval of petitions; effective
date.
Unused immigrant visas.
Annual admission of refugees and admission
of emergency situation refugees.
Asylum.
Adjustment of status of refugees.
Special agricultural workers.
Repealed.

PART II—ADMISSION QUALIFICATIONS FOR ALIENS;
TRAVEL CONTROL OF CITIZENS AND ALIENS
1181.

Admission of immigrants into the United
States.
1182.
Inadmissible aliens.
1182a to 1182c. Repealed.
1182d.
Denial of visas to confiscators of American
property.
1182e.
Denial of entry into United States of foreign
nationals engaged in establishment or enforcement of forced abortion or sterilization policy.
1182f.
Denial of entry into United States of Chinese
and other nationals engaged in coerced
organ or bodily tissue transplantation.
1183.
Admission of aliens on giving bond or undertaking; return upon permanent departure.
1183a.
Requirements for sponsor’s affidavit of support.
1184.
Admission of nonimmigrants.
1184a.
Philippine Traders as nonimmigrants.
1185.
Travel control of citizens and aliens.
1186.
Transferred.
1186a.
Conditional permanent resident status for
certain alien spouses and sons and daughters.
1186b.
Conditional permanent resident status for
certain alien entrepreneurs, spouses, and
children.
1187.
Visa waiver program for certain visitors.
1188.
Admission of temporary H–2A workers.
1189.
Designation of foreign terrorist organizations.
PART III—ISSUANCE OF ENTRY DOCUMENTS
1201.
1201a.
1202.

Issuance of visas.
Repealed.
Application for visas.

PART IV—INSPECTION, APPREHENSION, EXAMINATION,
EXCLUSION, AND REMOVAL
1221.
1222.
1223.
1224.
1225.

1225a.
1226.
1226a.
1227.
1228.
1229.
1229a.
1229b.
1229c.
1230.
1231.
1232.

Lists of alien and citizen passengers arriving
and departing.
Detention of aliens for physical and mental
examination.
Entry through or from foreign territory and
adjacent islands.
Designation of ports of entry for aliens arriving by aircraft.
Inspection by immigration officers; expedited
removal of inadmissible arriving aliens; referral for hearing.
Preinspection at foreign airports.
Apprehension and detention of aliens.
Mandatory detention of suspected terrorists;
habeas corpus; judicial review.
Deportable aliens.
Expedited removal of aliens convicted of committing aggravated felonies.
Initiation of removal proceedings.
Removal proceedings.
Cancellation of removal; adjustment of
status.
Voluntary departure.
Records of admission.
Detention and removal of aliens ordered removed.
Enhancing efforts to combat the trafficking
of children.

PART V—ADJUSTMENT AND CHANGE OF STATUS
1251.
Transferred.
1251a.
Repealed.
1252.
Judicial review of orders of removal.
1252a, 1252b. Transferred or Repealed.
1252c.
Authorizing State and local law enforcement
officials to arrest and detain certain illegal
aliens.
1253.
Penalties related to removal.
1254.
Repealed.
1254a.
Temporary protected status.
1254b.
Collection of fees under temporary protected
status program.
1255.
Adjustment of status of nonimmigrant to
that of person admitted for permanent residence.
1255a.
Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence.
1255b.
Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence.
1256.
Rescission of adjustment of status; effect
upon naturalized citizen.
1257.
Adjustment of status of certain resident
aliens to nonimmigrant status; exceptions.
1258.
Change of nonimmigrant classification.
1259.
Record of admission for permanent residence
in the case of certain aliens who entered the
United States prior to January 1, 1972.
1260.
Removal of aliens falling into distress.
PART VI—SPECIAL PROVISIONS RELATING TO ALIEN
CREWMEN
1281.
1282.
1283.
1284.
1285.
1286.

Alien crewmen.
Conditional permits to land temporarily.
Hospital treatment of alien crewmen afflicted
with certain diseases.
Control of alien crewmen.
Employment on passenger vessels of aliens afflicted with certain disabilities.
Discharge of alien crewmen; penalties.

TITLE 8—ALIENS AND NATIONALITY
Sec.

1287.
1288.

Sec.

Alien crewmen brought into the United
States with intent to evade immigration
laws; penalties.
Limitations on performance of longshore
work by alien crewmen.
PART VII—REGISTRATION OF ALIENS

1301.
1302.
1303.
1304.
1305.
1306.

Alien seeking entry; contents.
Registration of aliens.
Registration of special groups.
Forms for registration and fingerprinting.
Notices of change of address.
Penalties.
PART VIII—GENERAL PENALTY PROVISIONS

1321.
1322.

1323.
1324.
1324a.
1324b.
1324c.
1324d.
1325.
1326.
1327.
1328.
1329.
1330.

Prevention of unauthorized landing of aliens.
Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; ‘‘person’’
defined.
Unlawful bringing of aliens into United
States.
Bringing in and harboring certain aliens.
Unlawful employment of aliens.
Unfair
immigration-related
employment
practices.
Penalties for document fraud.
Civil penalties for failure to depart.
Improper entry by alien.
Reentry of removed aliens.
Aiding or assisting certain aliens to enter.
Importation of alien for immoral purpose.
Jurisdiction of district courts.
Collection of penalties and expenses.
PART IX—MISCELLANEOUS

1351.
1352.
1353.
1353a.
1353b.
1353c.
1353d.
1354.
1355.
1356.
1357.
1358.
1359.
1360.
1361.
1362.
1363.
1363a.
1363b.
1364.
1365.
1365a.
1365b.
1366.
1367.
1368.

Page 14

Nonimmigrant visa fees.
Printing of reentry permits and blank forms
of manifest and crew lists; sale to public.
Travel expenses and expense of transporting
remains of officers and employees dying
outside of United States.
Officers and employees; overtime services;
extra compensation; length of working day.
Extra compensation; payment.
Immigration officials; service in foreign contiguous territory.
Disposition of money received as extra compensation.
Applicability to members of the Armed
Forces.
Disposal of privileges at immigrant stations;
rentals; retail sale; disposition of receipts.
Disposition of moneys collected under the
provisions of this subchapter.
Powers of immigration officers and employees.
Local jurisdiction over immigrant stations.
Application to American Indians born in Canada.
Establishment of central file; information
from other departments and agencies.
Burden of proof upon alien.
Right to counsel.
Deposit of and interest on cash received to secure immigration bonds.
Undercover investigation authority.
Repealed
Triennial comprehensive report on immigration.
Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban
nationals.
Integrated entry and exit data system.
Biometric entry and exit data system.
Annual report on criminal aliens.
Penalties for disclosure of information.
Increase in INS detention facilities; report on
detention space.

1369.

Treatment of expenses subject to emergency
medical services exception.
1370.
Reimbursement of States and localities for
emergency ambulance services.
1371.
Reports.
1372.
Program to collect information relating to
nonimmigrant foreign students and other
exchange program participants.
1373.
Communication between government agencies and the Immigration and Naturalization Service.
1374.
Information regarding female genital mutilation.
1375.
Repealed.
1375a.
Domestic violence information and resources
for immigrants and regulation of international marriage brokers.
1375b.
Protections for domestic workers and other
nonimmigrants.
1375c.
Protections, remedies, and limitations on issuance for A–3 and G–5 visas.
1376.
Data on nonimmigrant overstay rates.
1377.
Collection of data on detained asylum seekers.
1378.
Collection of data on other detained aliens.
1379.
Technology standard to confirm identity.
1380.
Maintenance of statistics by the Department
of Homeland Security.
1381.
Secretary of Labor report.
SUBCHAPTER III—NATIONALITY AND
NATURALIZATION
PART I—NATIONALITY AT BIRTH AND COLLECTIVE
NATURALIZATION
1401.
1401a.
1401b.
1402.
1403.
1404.
1405.
1406.
1407.
1408.
1409.

Nationals and citizens of United States at
birth.
Birth abroad before 1952 to service parent.
Repealed.
Persons born in Puerto Rico on or after April
11, 1899.
Persons born in the Canal Zone or Republic of
Panama on or after February 26, 1904.
Persons born in Alaska on or after March 30,
1867.
Persons born in Hawaii.
Persons living in and born in the Virgin Islands.
Persons living in and born in Guam.
Nationals but not citizens of the United
States at birth.
Children born out of wedlock.

PART II—NATIONALITY THROUGH NATURALIZATION
1421.
1422.
1423.
1424.
1425.
1426.
1427.
1428.
1429.
1430.
1431.

1432.
1433.

Naturalization authority.
Eligibility for naturalization.
Requirements as to understanding the
English language, history, principles and
form of government of the United States.
Prohibition upon the naturalization of persons opposed to government or law, or who
favor totalitarian forms of government.
Ineligibility to naturalization of deserters
from the Armed Forces.
Citizenship denied alien relieved of service in
Armed Forces because of alienage.
Requirements of naturalization.
Temporary absence of persons performing religious duties.
Prerequisite to naturalization; burden of
proof.
Married persons and employees of certain
nonprofit organizations.
Children born outside the United States and
residing permanently in the United States;
conditions under which citizenship automatically acquired.
Repealed.
Children born and residing outside the United
States; conditions for acquiring certificate
of citizenship.

Page 15

TITLE 8—ALIENS AND NATIONALITY

Sec.

Sec.

1434.
1435.
1436.

Repealed.
Former citizens regaining citizenship.
Nationals but not citizens; residence within
outlying possessions.
1437.
Resident Philippine citizens excepted from
certain requirements.
1438.
Former citizens losing citizenship by entering
armed forces of foreign countries during
World War II.
1439.
Naturalization through service in the armed
forces.
1440.
Naturalization through active-duty service in
the Armed Forces during World War I,
World War II, Korean hostilities, Vietnam
hostilities, or other periods of military hostilities.
1440–1.
Posthumous citizenship through death while
on active-duty service in armed forces during World War I, World War II, the Korean
hostilities, the Vietnam hostilities, or in
other periods of military hostilities.
1440a to 1440d. Omitted.
1440e.
Exemption from naturalization fees for aliens
naturalized through service during Vietnam
hostilities or other subsequent period of
military hostilities; report by clerks of
courts to Attorney General.
1440f.
Fingerprints and other biometric information
for members of the United States Armed
Forces.
1440g.
Provision of information on military naturalization.
1441.
Constructive residence through service on
certain United States vessels.
1442.
Alien enemies.
1443.
Administration.
1443a.
Naturalization proceedings overseas for members of the Armed Forces and their spouses
and children.
1444.
Photographs; number.
1445.
Application for naturalization; declaration of
intention.
1446.
Investigation of applicants; examination of
applications.
1447.
Hearings on denials of applications for naturalization.
1448.
Oath of renunciation and allegiance.
1448a.
Address to newly naturalized citizens.
1449.
Certificate of naturalization; contents.
1450.
Functions and duties of clerks and records of
declarations of intention and applications
for naturalization.
1451.
Revocation of naturalization.
1452.
Certificates of citizenship or U.S. non-citizen
national status; procedure.
1453.
Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy
Commissioner; action not to affect citizenship status.
1454.
Documents and copies issued by Attorney
General.
1455.
Fiscal provisions.
1456.
Repealed.
1457.
Publication and distribution of citizenship
textbooks; use of naturalization fees.
1458.
Compilation of naturalization statistics and
payment for equipment.
1459.
Repealed.
PART III—LOSS OF NATIONALITY
1481.

§ 1101

Loss of nationality by native-born or naturalized citizen; voluntary action; burden of
proof; presumptions.
1482.
Repealed.
1483.
Restrictions on loss of nationality.
1484 to 1487. Repealed.
1488.
Nationality lost solely from performance of
acts or fulfillment of conditions.
1489.
Application of treaties; exceptions.

PART IV—MISCELLANEOUS
1501.

Certificate of diplomatic or consular officer
of United States as to loss of American nationality.
1502.
Certificate of nationality issued by Secretary
of State for person not a naturalized citizen
of United States for use in proceedings of a
foreign state.
1503.
Denial of rights and privileges as national.
1504.
Cancellation of United States passports and
Consular Reports of Birth.
SUBCHAPTER IV—REFUGEE ASSISTANCE
1521.

Office of Refugee Resettlement; establishment; appointment of Director; functions.
1522.
Authorization for programs for domestic resettlement of and assistance to refugees.
1523.
Congressional reports.
1524.
Authorization of appropriations.
1525.
Repealed.
SUBCHAPTER V—ALIEN TERRORIST REMOVAL
PROCEDURES
1531.
1532.
1533.
1534.
1535.
1536.
1537.

Definitions.
Establishment of removal court.
Removal court procedure.
Removal hearing.
Appeals.
Custody and release pending removal hearing.
Custody and release after removal hearing.

SUBCHAPTER I—GENERAL PROVISIONS
§ 1101. Definitions
(a) As used in this chapter—
(1) The term ‘‘administrator’’ means the official designated by the Secretary of State pursuant to section 1104(b) of this title.
(2) The term ‘‘advocates’’ includes, but is not
limited to, advises, recommends, furthers by
overt act, and admits belief in.
(3) The term ‘‘alien’’ means any person not a
citizen or national of the United States.
(4) The term ‘‘application for admission’’ has
reference to the application for admission into
the United States and not to the application for
the issuance of an immigrant or nonimmigrant
visa.
(5) The term ‘‘Attorney General’’ means the
Attorney General of the United States.
(6) The term ‘‘border crossing identification
card’’ means a document of identity bearing
that designation issued to an alien who is lawfully admitted for permanent residence, or to an
alien who is a resident in foreign contiguous territory, by a consular officer or an immigration
officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall
provide that (A) each such document include a
biometric identifier (such as the fingerprint or
handprint of the alien) that is machine readable
and (B) an alien presenting a border crossing
identification card is not permitted to cross
over the border into the United States unless
the biometric identifier contained on the card
matches the appropriate biometric characteristic of the alien.
(7) The term ‘‘clerk of court’’ means a clerk of
a naturalization court.
(8) The terms ‘‘Commissioner’’ and ‘‘Deputy
Commissioner’’ mean the Commissioner of Im-

§ 1101

TITLE 8—ALIENS AND NATIONALITY

migration and Naturalization and a Deputy
Commissioner of Immigration and Naturalization, respectively.
(9) The term ‘‘consular officer’’ means any
consular, diplomatic, or other officer or employee of the United States designated under
regulations prescribed under authority contained in this chapter, for the purpose of issuing
immigrant or nonimmigrant visas or, when used
in subchapter III, for the purpose of adjudicating
nationality.
(10) The term ‘‘crewman’’ means a person serving in any capacity on board a vessel or aircraft.
(11) The term ‘‘diplomatic visa’’ means a nonimmigrant visa bearing that title and issued to
a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe.
(12) The term ‘‘doctrine’’ includes, but is not
limited to, policies, practices, purposes, aims, or
procedures.
(13)(A) The terms ‘‘admission’’ and ‘‘admitted’’
mean, with respect to an alien, the lawful entry
of the alien into the United States after inspection and authorization by an immigration officer.
(B) An alien who is paroled under section
1182(d)(5) of this title or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
(C) An alien lawfully admitted for permanent
residence in the United States shall not be regarded as seeking an admission into the United
States for purposes of the immigration laws unless the alien—
(i) has abandoned or relinquished that
status,
(ii) has been absent from the United States
for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States
while under legal process seeking removal of
the alien from the United States, including removal proceedings under this chapter and extradition proceedings,
(v) has committed an offense identified in
section 1182(a)(2) of this title, unless since
such offense the alien has been granted relief
under section 1182(h) or 1229b(a) of this title,
or
(vi) is attempting to enter at a time or place
other than as designated by immigration officers or has not been admitted to the United
States after inspection and authorization by
an immigration officer.
(14) The term ‘‘foreign state’’ includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate
or trusteeship shall be regarded as separate foreign states.
(15) The term ‘‘immigrant’’ means every alien
except an alien who is within one of the following classes of nonimmigrant aliens—
(A)(i) an ambassador, public minister, or career diplomatic or consular officer who has
been accredited by a foreign government, recognized de jure by the United States and who
is accepted by the President or by the Secretary of State, and the members of the alien’s
immediate family;
(ii) upon a basis of reciprocity, other officials and employees who have been accredited

Page 16

by a foreign government recognized de jure by
the United States, who are accepted by the
Secretary of State, and the members of their
immediate families; and
(iii) upon a basis of reciprocity, attendants,
servants, personal employees, and members of
their immediate families, of the officials and
employees who have a nonimmigrant status
under (i) and (ii) above;
(B) an alien (other than one coming for the
purpose of study or of performing skilled or
unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country
which he has no intention of abandoning and
who is visiting the United States temporarily
for business or temporarily for pleasure;
(C) an alien in immediate and continuous
transit through the United States, or an alien
who qualifies as a person entitled to pass in
transit to and from the United Nations Headquarters District and foreign countries, under
the provisions of paragraphs (3), (4), and (5) of
section 11 of the Headquarters Agreement with
the United Nations (61 Stat. 758);
(D)(i) an alien crewman serving in good faith
as such in a capacity required for normal operation and service on board a vessel, as defined
in section 1288(a) of this title (other than a
fishing vessel having its home port or an operating base in the United States), or aircraft,
who intends to land temporarily and solely in
pursuit of his calling as a crewman and to depart from the United States with the vessel or
aircraft on which he arrived or some other
vessel or aircraft;
(ii) an alien crewman serving in good faith
as such in any capacity required for normal
operations and service aboard a fishing vessel
having its home port or an operating base in
the United States who intends to land temporarily in Guam or the Commonwealth of the
Northern Mariana Islands and solely in pursuit of his calling as a crewman and to depart
from Guam or the Commonwealth of the
Northern Mariana Islands with the vessel on
which he arrived;
(E) an alien entitled to enter the United
States under and in pursuance of the provisions of a treaty of commerce and navigation
between the United States and the foreign
state of which he is a national, and the spouse
and children of any such alien if accompanying or following to join him; (i) solely to carry
on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state
of which he is a national; (ii) solely to develop
and direct the operations of an enterprise in
which he has invested, or of an enterprise in
which he is actively in the process of investing, a substantial amount of capital; or (iii)
solely to perform services in a specialty occupation in the United States if the alien is a national of the Commonwealth of Australia and
with respect to whom the Secretary of Labor
determines and certifies to the Secretary of
Homeland Security and the Secretary of State
that the intending employer has filed with the
Secretary of Labor an attestation under section 1182(t)(1) of this title;

Page 17

TITLE 8—ALIENS AND NATIONALITY

(F)(i) an alien having a residence in a foreign
country which he has no intention of abandoning, who is a bona fide student qualified to
pursue a full course of study and who seeks to
enter the United States temporarily and solely for the purpose of pursuing such a course of
study consistent with section 1184(l) 1 of this
title at an established college, university,
seminary, conservatory, academic high school,
elementary school, or other academic institution or in an accredited language training program in the United States, particularly designated by him and approved by the Attorney
General after consultation with the Secretary
of Education, which institution or place of
study shall have agreed to report to the Attorney General the termination of attendance of
each nonimmigrant student, and if any such
institution of learning or place of study fails
to make reports promptly the approval shall
be withdrawn, (ii) the alien spouse and minor
children of any alien described in clause (i) if
accompanying or following to join such an
alien, and (iii) an alien who is a national of
Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except
that the alien’s qualifications for and actual
course of study may be full or part-time, and
who commutes to the United States institution or place of study from Canada or Mexico;
(G)(i) a designated principal resident representative of a foreign government recognized de jure by the United States, which foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International
Organizations Immunities Act (59 Stat. 669) [22
U.S.C. 288 et seq.], accredited resident members of the staff of such representatives, and
members of his or their immediate family;
(ii) other accredited representatives of such
a foreign government to such international organizations, and the members of their immediate families;
(iii) an alien able to qualify under (i) or (ii)
above except for the fact that the government
of which such alien is an accredited representative is not recognized de jure by the United
States, or that the government of which he is
an accredited representative is not a member
of such international organization; and the
members of his immediate family;
(iv) officers, or employees of such international organizations, and the members of
their immediate families;
(v) attendants, servants, and personal employees of any such representative, officer, or
employee, and the members of the immediate
families of such attendants, servants, and personal employees;
(H) an alien (i) [(a) Repealed. Pub. L. 106–95,
§ 2(c), Nov. 12, 1999, 113 Stat. 1316] (b) subject to
section 1182(j)(2) of this title, who is coming
temporarily to the United States to perform
services (other than services described in subclause (a) during the period in which such subclause applies and other than services de1 See

References in Text note below.

§ 1101

scribed in subclause (ii)(a) or in subparagraph
(O) or (P)) in a specialty occupation described
in section 1184(i)(1) of this title or as a fashion
model, who meets the requirements for the occupation specified in section 1184(i)(2) of this
title or, in the case of a fashion model, is of
distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General
that the intending employer has filed with the
Secretary an application under section
1182(n)(1) of this title, or (b1) who is entitled to
enter the United States under and in pursuance of the provisions of an agreement listed
in section 1184(g)(8)(A) of this title, who is engaged in a specialty occupation described in
section 1184(i)(3) of this title, and with respect
to whom the Secretary of Labor determines
and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary
of Labor an attestation under section 1182(t)(1)
of this title, or (c) who is coming temporarily
to the United States to perform services as a
registered nurse, who meets the qualifications
described in section 1182(m)(1) of this title, and
with respect to whom the Secretary of Labor
determines and certifies to the Attorney General that an unexpired attestation is on file
and in effect under section 1182(m)(2) of this
title for the facility (as defined in section
1182(m)(6) of this title) for which the alien will
perform the services; or (ii)(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of
title 26, agriculture as defined in section 203(f)
of title 29, and the pressing of apples for cider
on a farm, of a temporary or seasonal nature,
or (b) having a residence in a foreign country
which he has no intention of abandoning who
is coming temporarily to the United States to
perform other temporary service or labor if
unemployed persons capable of performing
such service or labor cannot be found in this
country, but this clause shall not apply to
graduates of medical schools coming to the
United States to perform services as members
of the medical profession; or (iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other
than to receive graduate medical education or
training, in a training program that is not designed primarily to provide productive employment; and the alien spouse and minor
children of any such alien specified in this
paragraph if accompanying him or following
to join him;
(I) upon a basis of reciprocity, an alien who
is a bona fide representative of foreign press,
radio, film, or other foreign information
media, who seeks to enter the United States
solely to engage in such vocation, and the
spouse and children of such a representative, if
accompanying or following to join him;
(J) an alien having a residence in a foreign
country which he has no intention of abandon-

§ 1101

TITLE 8—ALIENS AND NATIONALITY

ing who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized
knowledge or skill, or other person of similar
description, who is coming temporarily to the
United States as a participant in a program
designated by the Director of the United
States Information Agency, for the purpose of
teaching, instructing or lecturing, studying,
observing, conducting research, consulting,
demonstrating special skills, or receiving
training and who, if he is coming to the United
States to participate in a program under
which he will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title, and the
alien spouse and minor children of any such
alien if accompanying him or following to join
him;
(K) subject to subsections (d) and (p) 2 of section 1184 of this title, an alien who—
(i) is the fiance´e or fiance´ of a citizen of
the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this
title) and who seeks to enter the United
States solely to conclude a valid marriage
with the petitioner within ninety days after
admission;
(ii) has concluded a valid marriage with a
citizen of the United States (other than a
citizen
described
in
section
1154(a)(1)(A)(viii)(I) of this title) who is the
petitioner, is the beneficiary of a petition to
accord a status under section 1151(b)(2)(A)(i)
of this title that was filed under section 1154
of this title by the petitioner, and seeks to
enter the United States to await the approval of such petition and the availability
to the alien of an immigrant visa; or
(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;
(L) subject to section 1184(c)(2) of this title,
an alien who, within 3 years preceding the
time of his application for admission into the
United States, has been employed continuously for one year by a firm or corporation or
other legal entity or an affiliate or subsidiary
thereof and who seeks to enter the United
States temporarily in order to continue to
render his services to the same employer or a
subsidiary or affiliate thereof in a capacity
that is managerial, executive, or involves specialized knowledge, and the alien spouse and
minor children of any such alien if accompanying him or following to join him;
(M)(i) an alien having a residence in a foreign country which he has no intention of
abandoning who seeks to enter the United
States temporarily and solely for the purpose
of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language
training program) in the United States particularly designated by him and approved by
the Attorney General, after consultation with
the Secretary of Education, which institution
shall have agreed to report to the Attorney
2 See

References in Text note below.

Page 18

General the termination of attendance of each
nonimmigrant nonacademic student and if any
such institution fails to make reports promptly the approval shall be withdrawn, (ii) the
alien spouse and minor children of any alien
described in clause (i) if accompanying or following to join such an alien, and (iii) an alien
who is a national of Canada or Mexico, who
maintains actual residence and place of abode
in the country of nationality, who is described
in clause (i) except that the alien’s course of
study may be full or part-time, and who commutes to the United States institution or
place of study from Canada or Mexico;
(N)(i) the parent of an alien accorded the
status of special immigrant under paragraph
(27)(I)(i) (or under analogous authority under
paragraph (27)(L)), but only if and while the
alien is a child, or
(ii) a child of such parent or of an alien accorded the status of a special immigrant under
clause (ii), (iii), or (iv) of paragraph (27)(I) (or
under analogous authority under paragraph
(27)(L));
(O) an alien who—
(i) has extraordinary ability in the sciences, arts, education, business, or athletics
which has been demonstrated by sustained
national or international acclaim or, with
regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field
through extensive documentation, and seeks
to enter the United States to continue work
in the area of extraordinary ability; or
(ii)(I) seeks to enter the United States
temporarily and solely for the purpose of accompanying and assisting in the artistic or
athletic performance by an alien who is admitted under clause (i) for a specific event or
events,
(II) is an integral part of such actual performance,
(III)(a) has critical skills and experience
with such alien which are not of a general
nature and which cannot be performed by
other individuals, or (b) in the case of a motion picture or television production, has
skills and experience with such alien which
are not of a general nature and which are
critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and postproduction work) will take place both inside
and outside the United States and the continuing participation of the alien is essential
to the successful completion of the production, and
(IV) has a foreign residence which the
alien has no intention of abandoning; or
(iii) is the alien spouse or child of an alien
described in clause (i) or (ii) and is accompanying, or following to join, the alien;
(P) an alien having a foreign residence which
the alien has no intention of abandoning
who—
(i)(a) is described in section 1184(c)(4)(A) of
this title (relating to athletes), or (b) is described in section 1184(c)(4)(B) of this title
(relating to entertainment groups);

Page 19

TITLE 8—ALIENS AND NATIONALITY

(ii)(I) performs as an artist or entertainer,
individually or as part of a group, or is an
integral part of the performance of such a
group, and
(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or
with such a group under a reciprocal exchange program which is between an organization or organizations in the United States
and an organization or organizations in one
or more foreign states and which provides
for the temporary exchange of artists and
entertainers, or groups of artists and entertainers;
(iii)(I) performs as an artist or entertainer,
individually or as part of a group, or is an
integral part of the performance of such a
group, and
(II) seeks to enter the United States temporarily and solely to perform, teach, or
coach as such an artist or entertainer or
with such a group under a commercial or
noncommercial program that is culturally
unique; or
(iv) is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the alien;
(Q) an alien having a residence in a foreign
country which he has no intention of abandoning who is coming temporarily (for a period
not to exceed 15 months) to the United States
as a participant in an international cultural
exchange program approved by the Secretary
of Homeland Security for the purpose of providing practical training, employment, and
the sharing of the history, culture, and traditions of the country of the alien’s nationality
and who will be employed under the same
wages and working conditions as domestic
workers;
(R) an alien, and the spouse and children of
the alien if accompanying or following to join
the alien, who—
(i) for the 2 years immediately preceding
the time of application for admission, has
been a member of a religious denomination
having a bona fide nonprofit, religious organization in the United States; and
(ii) seeks to enter the United States for a
period not to exceed 5 years to perform the
work described in subclause (I), (II), or (III)
of paragraph (27)(C)(ii);
(S) subject to section 1184(k) of this title, an
alien—
(i) who the Attorney General determines—
(I) is in possession of critical reliable information concerning a criminal organization or enterprise;
(II) is willing to supply or has supplied
such information to Federal or State law
enforcement authorities or a Federal or
State court; and
(III) whose presence in the United States
the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the
criminal organization or enterprise; or
(ii) who the Secretary of State and the Attorney General jointly determine—

§ 1101

(I) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation;
(II) is willing to supply or has supplied
such information to Federal law enforcement authorities or a Federal court;
(III) will be or has been placed in danger
as a result of providing such information;
and
(IV) is eligible to receive a reward under
section 2708(a) of title 22,
and, if the Attorney General (or with respect
to clause (ii), the Secretary of State and the
Attorney General jointly) considers it to be
appropriate, the spouse, married and unmarried sons and daughters, and parents of an
alien described in clause (i) or (ii) if accompanying, or following to join, the alien;
(T)(i) subject to section 1184(o) of this title,
an alien who the Secretary of Homeland Security, or in the case of subclause (III)(aa) the
Secretary of Homeland Security, in consultation with the Attorney General, determines—
(I) is or has been a victim of a severe form
of trafficking in persons, as defined in section 7102 of title 22;
(II) is physically present in the United
States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or
at a port of entry thereto, on account of
such trafficking, including physical presence
on account of the alien having been allowed
entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;
(III)(aa) has complied with any reasonable
request for assistance in the Federal, State,
or local investigation or prosecution of acts
of trafficking or the investigation of crime
where acts of trafficking are at least one
central reason for the commission of that
crime;
(bb) in consultation with the Attorney
General, as appropriate, is unable to cooperate with a request described in item (aa) due
to physical or psychological trauma; or
(cc) has not attained 18 years of age; and
(IV) the alien 3 would suffer extreme hardship involving unusual and severe harm upon
removal; and
(ii) if accompanying, or following to join,
the alien described in clause (i)—
(I) in the case of an alien described in
clause (i) who is under 21 years of age, the
spouse, children, unmarried siblings under 18
years of age on the date on which such alien
applied for status under such clause, and
parents of such alien;
(II) in the case of an alien described in
clause (i) who is 21 years of age or older, the
spouse and children of such alien; or
(III) any parent or unmarried sibling under
18 years of age of an alien described in subclause (I) or (II) who the Secretary of Homeland Security, in consultation with the law
enforcement officer investigating a severe
3 So in original. The words ‘‘the alien’’ probably should not appear.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

form of trafficking, determines faces a
present danger of retaliation as a result of
the alien’s escape from the severe form of
trafficking or cooperation with law enforcement.
(U)(i) subject to section 1184(p) of this title,
an alien who files a petition for status under
this subparagraph, if the Secretary of Homeland Security determines that—
(I) the alien has suffered substantial physical or mental abuse as a result of having
been a victim of criminal activity described
in clause (iii);
(II) the alien (or in the case of an alien
child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning criminal activity described in clause (iii);
(III) the alien (or in the case of an alien
child under the age of 16, the parent, guardian, or next friend of the alien) has been
helpful, is being helpful, or is likely to be
helpful to a Federal, State, or local law enforcement official, to a Federal, State, or
local prosecutor, to a Federal or State judge,
to the Service, or to other Federal, State, or
local authorities investigating or prosecuting criminal activity described in clause
(iii); and
(IV) the criminal activity described in
clause (iii) violated the laws of the United
States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States;
(ii) if accompanying, or following to join,
the alien described in clause (i)—
(I) in the case of an alien described in
clause (i) who is under 21 years of age, the
spouse, children, unmarried siblings under 18
years of age on the date on which such alien
applied for status under such clause, and
parents of such alien; or
(II) in the case of an alien described in
clause (i) who is 21 years of age or older, the
spouse and children of such alien; and
(iii) the criminal activity referred to in this
clause is that involving one or more of the following or any similar activity in violation of
Federal, State, or local criminal law: rape;
torture; trafficking; incest; domestic violence;
sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital
mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping;
abduction; unlawful criminal restraint; false
imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness
tampering; obstruction of justice; perjury; or
attempt, conspiracy, or solicitation to commit
any of the above mentioned crimes; or
(V) subject to section 1184(q) of this title, an
alien who is the beneficiary (including a child
of the principal alien, if eligible to receive a
visa under section 1153(d) of this title) of a petition to accord a status under section
1153(a)(2)(A) of this title that was filed with
the Attorney General under section 1154 of
this title on or before December 21, 2000, if—
(i) such petition has been pending for 3
years or more; or

Page 20

(ii) such petition has been approved, 3
years or more have elapsed since such filing
date, and—
(I) an immigrant visa is not immediately
available to the alien because of a waiting
list of applicants for visas under section
1153(a)(2)(A) of this title; or
(II) the alien’s application for an immigrant visa, or the alien’s application for
adjustment of status under section 1255 of
this title, pursuant to the approval of such
petition, remains pending.
(16) The term ‘‘immigrant visa’’ means an immigrant visa required by this chapter and properly issued by a consular officer at his office
outside of the United States to an eligible immigrant under the provisions of this chapter.
(17) The term ‘‘immigration laws’’ includes
this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.
(18) The term ‘‘immigration officer’’ means
any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to
perform the functions of an immigration officer
specified by this chapter or any section of this
title.
(19) The term ‘‘ineligible to citizenship,’’ when
used in reference to any individual, means, notwithstanding the provisions of any treaty relating to military service, an individual who is, or
was at any time permanently debarred from becoming a citizen of the United States under section 3(a) of the Selective Training and Service
Act of 1940, as amended (54 Stat. 885; 55 Stat.
844), or under section 4(a) of the Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat.
76) [50 U.S.C. App. 454(a)], or under any section
of this chapter, or any other Act, or under any
law amendatory of, supplementary to, or in substitution for, any of such sections or Acts.
(20) The term ‘‘lawfully admitted for permanent residence’’ means the status of having been
lawfully accorded the privilege of residing permanently in the United States as an immigrant
in accordance with the immigration laws, such
status not having changed.
(21) The term ‘‘national’’ means a person
owing permanent allegiance to a state.
(22) The term ‘‘national of the United States’’
means (A) a citizen of the United States, or (B)
a person who, though not a citizen of the United
States, owes permanent allegiance to the United
States.
(23) The term ‘‘naturalization’’ means the conferring of nationality of a state upon a person
after birth, by any means whatsoever.
(24) Repealed. Pub. L. 102–232, title III,
§ 305(m)(1), Dec. 12, 1991, 105 Stat. 1750.
(25) The term ‘‘noncombatant service’’ shall
not include service in which the individual is
not subject to military discipline, court martial,
or does not wear the uniform of any branch of
the armed forces.
(26) The term ‘‘nonimmigrant visa’’ means a
visa properly issued to an alien as an eligible
nonimmigrant by a competent officer as provided in this chapter.
(27) The term ‘‘special immigrant’’ means—

Page 21

TITLE 8—ALIENS AND NATIONALITY

(A) an immigrant, lawfully admitted for permanent residence, who is returning from a
temporary visit abroad;
(B) an immigrant who was a citizen of the
United States and may, under section 1435(a)
or 1438 of this title, apply for reacquisition of
citizenship;
(C) an immigrant, and the immigrant’s
spouse and children if accompanying or following to join the immigrant, who—
(i) for at least 2 years immediately preceding the time of application for admission,
has been a member of a religious denomination having a bona fide nonprofit, religious
organization in the United States;
(ii) seeks to enter the United States—
(I) solely for the purpose of carrying on
the vocation of a minister of that religious
denomination,
(II) before September 30, 2012, in order to
work for the organization at the request of
the organization in a professional capacity
in a religious vocation or occupation, or
(III) before September 30, 2012, in order
to work for the organization (or for a bona
fide organization which is affiliated with
the religious denomination and is exempt
from taxation as an organization described
in section 501(c)(3) of title 26) at the request of the organization in a religious vocation or occupation; and
(iii) has been carrying on such vocation,
professional work, or other work continuously for at least the 2-year period described
in clause (i);
(D) an immigrant who is an employee, or an
honorably retired former employee, of the
United States Government abroad, or of the
American Institute in Taiwan, and who has
performed faithful service for a total of fifteen
years, or more, and his accompanying spouse
and children: Provided, That the principal officer of a Foreign Service establishment (or, in
the case of the American Institute in Taiwan,
the Director thereof), in his discretion, shall
have recommended the granting of special immigrant status to such alien in exceptional
circumstances and the Secretary of State approves such recommendation and finds that it
is in the national interest to grant such
status;
(E) an immigrant, and his accompanying
spouse and children, who is or has been an employee of the Panama Canal Company or Canal
Zone Government before the date on which the
Panama Canal Treaty of 1977 (as described in
section 3602(a)(1) of title 22) enters into force
[October 1, 1979], who was resident in the
Canal Zone on the effective date of the exchange of instruments of ratification of such
Treaty [April 1, 1979], and who has performed
faithful service as such an employee for one
year or more;
(F) an immigrant, and his accompanying
spouse and children, who is a Panamanian national and (i) who, before the date on which
such Panama Canal Treaty of 1977 enters into
force [October 1, 1979], has been honorably retired from United States Government employment in the Canal Zone with a total of 15

§ 1101

years or more of faithful service, or (ii) who,
on the date on which such Treaty enters into
force, has been employed by the United States
Government in the Canal Zone with a total of
15 years or more of faithful service and who
subsequently is honorably retired from such
employment or continues to be employed by
the United States Government in an area of
the former Canal Zone;
(G) an immigrant, and his accompanying
spouse and children, who was an employee of
the Panama Canal Company or Canal Zone
Government on the effective date of the exchange of instruments of ratification of such
Panama Canal Treaty of 1977 [April 1, 1979],
who has performed faithful service for five
years or more as such an employee, and whose
personal safety, or the personal safety of
whose spouse or children, as a direct result of
such Treaty, is reasonably placed in danger
because of the special nature of any of that
employment;
(H) an immigrant, and his accompanying
spouse and children, who—
(i) has graduated from a medical school or
has qualified to practice medicine in a foreign state,
(ii) was fully and permanently licensed to
practice medicine in a State on January 9,
1978, and was practicing medicine in a State
on that date,
(iii) entered the United States as a nonimmigrant under subsection (a)(15)(H) or
(a)(15)(J) of this section before January 10,
1978, and
(iv) has been continuously present in the
United States in the practice or study of
medicine since the date of such entry;
(I)(i) an immigrant who is the unmarried son
or daughter of an officer or employee, or of a
former officer or employee, of an international
organization described in paragraph (15)(G)(i),
and who (I) while maintaining the status of a
nonimmigrant under paragraph (15)(G)(iv) or
paragraph (15)(N), has resided and been physically present in the United States for periods
totaling at least one-half of the seven years
before the date of application for a visa or for
adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least seven years between the
ages of five and 21 years, and (II) applies for a
visa or adjustment of status under this subparagraph no later than his twenty-fifth birthday or six months after October 24, 1988,
whichever is later;
(ii) an immigrant who is the surviving
spouse of a deceased officer or employee of
such an international organization, and who
(I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically
present in the United States for periods totaling at least one-half of the seven years before
the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating
at least 15 years before the date of the death
of such officer or employee, and (II) files a petition for status under this subparagraph no
later than six months after the date of such

§ 1101

TITLE 8—ALIENS AND NATIONALITY

death or six months after October 24, 1988,
whichever is later;
(iii) an immigrant who is a retired officer or
employee of such an international organization, and who (I) while maintaining the status
of a nonimmigrant under paragraph (15)(G)(iv),
has resided and been physically present in the
United States for periods totaling at least onehalf of the seven years before the date of application for a visa or for adjustment of status to
a status under this subparagraph and for a period or periods aggregating at least 15 years
before the date of the officer or employee’s retirement from any such international organization, and (II) files a petition for status under
this subparagraph no later than six months
after the date of such retirement or six
months after October 25, 1994, whichever is
later; or
(iv) an immigrant who is the spouse of a retired officer or employee accorded the status
of special immigrant under clause (iii), accompanying or following to join such retired officer or employee as a member of his immediate
family;
(J) an immigrant who is present in the
United States—
(i) who has been declared dependent on a
juvenile court located in the United States
or whom such a court has legally committed
to, or placed under the custody of, an agency
or department of a State, or an individual or
entity appointed by a State or juvenile court
located in the United States, and whose reunification with 1 or both of the immigrant’s
parents is not viable due to abuse, neglect,
abandonment, or a similar basis found under
State law;
(ii) for whom it has been determined in administrative or judicial proceedings that it
would not be in the alien’s best interest to
be returned to the alien’s or parent’s previous country of nationality or country of
last habitual residence; and
(iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except
that—
(I) no juvenile court has jurisdiction to
determine the custody status or placement
of an alien in the custody of the Secretary
of Health and Human Services unless the
Secretary of Health and Human Services
specifically consents to such jurisdiction;
and
(II) no natural parent or prior adoptive
parent of any alien provided special immigrant status under this subparagraph shall
thereafter, by virtue of such parentage, be
accorded any right, privilege, or status
under this chapter;
(K) an immigrant who has served honorably
on active duty in the Armed Forces of the
United States after October 15, 1978, and after
original lawful enlistment outside the United
States (under a treaty or agreement in effect
on October 1, 1991) for a period or periods aggregating—
(i) 12 years and who, if separated from such
service, was never separated except under
honorable conditions, or

Page 22

(ii) 6 years, in the case of an immigrant
who is on active duty at the time of seeking
special immigrant status under this subparagraph and who has reenlisted to incur a
total active duty service obligation of at
least 12 years,
and the spouse or child of any such immigrant
if accompanying or following to join the immigrant, but only if the executive department
under which the immigrant serves or served
recommends the granting of special immigrant status to the immigrant;
(L) an immigrant who would be described in
clause (i), (ii), (iii), or (iv) of subparagraph (I)
if any reference in such a clause—
(i) to an international organization described in paragraph (15)(G)(i) were treated
as a reference to the North Atlantic Treaty
Organization (NATO);
(ii) to a nonimmigrant under paragraph
(15)(G)(iv) were treated as a reference to a
nonimmigrant classifiable under NATO–6 (as
a member of a civilian component accompanying a force entering in accordance with
the provisions of the NATO Status-of-Forces
Agreement, a member of a civilian component attached to or employed by an Allied
Headquarters under the ‘‘Protocol on the
Status of International Military Headquarters’’ set up pursuant to the North Atlantic Treaty, or as a dependent); and
(iii) to the Immigration Technical Corrections Act of 1988 or to the Immigration and
Nationality Technical Corrections Act of
1994 were a reference to the American Competitiveness and Workforce Improvement
Act of 1998 4
(M) subject to the numerical limitations of
section 1153(b)(4) of this title, an immigrant
who seeks to enter the United States to work
as a broadcaster in the United States for the
International Broadcasting Bureau of the
Broadcasting Board of Governors, or for a
grantee of the Broadcasting Board of Governors, and the immigrant’s accompanying
spouse and children.
(28) The term ‘‘organization’’ means, but is not
limited to, an organization, corporation, company, partnership, association, trust, foundation
or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on
any subject or subjects.
(29) The term ‘‘outlying possessions of the
United States’’ means American Samoa and
Swains Island.
(30) The term ‘‘passport’’ means any travel
document issued by competent authority showing the bearer’s origin, identity, and nationality
if any, which is valid for the admission of the
bearer into a foreign country.
(31) The term ‘‘permanent’’ means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may
be permanent even though it is one that may be
dissolved eventually at the instance either of
the United States or of the individual, in accordance with law.
4 So

in original. Probably should be followed by ‘‘; or’’.

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TITLE 8—ALIENS AND NATIONALITY

(32) The term ‘‘profession’’ shall include but
not be limited to architects, engineers, lawyers,
physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies,
or seminaries.
(33) The term ‘‘residence’’ means the place of
general abode; the place of general abode of a
person means his principal, actual dwelling
place in fact, without regard to intent.
(34) The term ‘‘Service’’ means the Immigration and Naturalization Service of the Department of Justice.
(35) The term ‘‘spouse’’, ‘‘wife’’, or ‘‘husband’’
do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically
present in the presence of each other, unless the
marriage shall have been consummated.
(36) The term ‘‘State’’ includes the District of
Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
(37) The term ‘‘totalitarian party’’ means an
organization which advocates the establishment
in the United States of a totalitarian dictatorship or totalitarianism. The terms ‘‘totalitarian
dictatorship’’ and ‘‘totalitarianism’’ mean and
refer to systems of government not representative in fact, characterized by (A) the existence
of a single political party, organized on a dictatorial basis, with so close an identity between
such party and its policies and the governmental policies of the country in which it exists,
that the party and the government constitute
an indistinguishable unit, and (B) the forcible
suppression of opposition to such party.
(38) The term ‘‘United States’’, except as
otherwise specifically herein provided, when
used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto
Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern
Mariana Islands.
(39) The term ‘‘unmarried’’, when used in reference to any individual as of any time, means
an individual who at such time is not married,
whether or not previously married.
(40) The term ‘‘world communism’’ means a
revolutionary movement, the purpose of which
is to establish eventually a Communist totalitarian dictatorship in any or all the countries of
the world through the medium of an internationally coordinated Communist political
movement.
(41) The term ‘‘graduates of a medical school’’
means aliens who have graduated from a medical school or who have qualified to practice
medicine in a foreign state, other than such
aliens who are of national or international renown in the field of medicine.
(42) The term ‘‘refugee’’ means (A) any person
who is outside any country of such person’s nationality or, in the case of a person having no
nationality, is outside any country in which
such person last habitually resided, and who is
unable or unwilling to return to, and is unable
or unwilling to avail himself or herself of the
protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership
in a particular social group, or political opinion,

§ 1101

or (B) in such special circumstances as the
President after appropriate consultation (as defined in section 1157(e) of this title) may specify,
any person who is within the country of such
person’s nationality or, in the case of a person
having no nationality, within the country in
which such person is habitually residing, and
who is persecuted or who has a well-founded fear
of persecution on account of race, religion, nationality, membership in a particular social
group, or political opinion. The term ‘‘refugee’’
does not include any person who ordered, incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion, nationality, membership in a particular
social group, or political opinion. For purposes
of determinations under this chapter, a person
who has been forced to abort a pregnancy or to
undergo involuntary sterilization, or who has
been persecuted for failure or refusal to undergo
such a procedure or for other resistance to a coercive population control program, shall be
deemed to have been persecuted on account of
political opinion, and a person who has a well
founded fear that he or she will be forced to undergo such a procedure or subject to persecution
for such failure, refusal, or resistance shall be
deemed to have a well founded fear of persecution on account of political opinion.
(43) The term ‘‘aggravated felony’’ means—
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined in section 802 of title 21), including a drug trafficking crime (as defined in
section 924(c) of title 18);
(C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title
18) or in explosive materials (as defined in section 841(c) of that title);
(D) an offense described in section 1956 of
title 18 (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in
property derived from specific unlawful activity) if the amount of the funds exceeded
$10,000;
(E) an offense described in—
(i) section 842(h) or (i) of title 18, or section
844(d), (e), (f), (g), (h), or (i) of that title (relating to explosive materials offenses);
(ii) section 922(g)(1), (2), (3), (4), or (5), (j),
(n), (o), (p), or (r) or 924(b) or (h) of title 18
(relating to firearms offenses); or
(iii) section 5861 of title 26 (relating to firearms offenses);
(F) a crime of violence (as defined in section
16 of title 18, but not including a purely political offense) for which the term of imprisonment at 5 least one year;
(G) a theft offense (including receipt of stolen property) or burglary offense for which the
term of imprisonment at 5 least one year;
(H) an offense described in section 875, 876,
877, or 1202 of title 18 (relating to the demand
for or receipt of ransom);
(I) an offense described in section 2251, 2251A,
or 2252 of title 18 (relating to child pornography);
5 So

in original. Probably should be preceded by ‘‘is’’.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

(J) an offense described in section 1962 of
title 18 (relating to racketeer influenced corrupt organizations), or an offense described in
section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one
year imprisonment or more may be imposed;
(K) an offense that—
(i) relates to the owning, controlling, managing, or supervising of a prostitution business;
(ii) is described in section 2421, 2422, or 2423
of title 18 (relating to transportation for the
purpose of prostitution) if committed for
commercial advantage; or
(iii) is described in any of sections
1581–1585 or 1588–1591 of title 18 (relating to
peonage, slavery, involuntary servitude, and
trafficking in persons);
(L) an offense described in—
(i) section 793 (relating to gathering or
transmitting national defense information),
798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or
2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the identity of undercover agents);
(M) an offense that—
(i) involves fraud or deceit in which the
loss to the victim or victims exceeds $10,000;
or
(ii) is described in section 7201 of title 26
(relating to tax evasion) in which the revenue loss to the Government exceeds $10,000;
(N) an offense described in paragraph (1)(A)
or (2) of section 1324(a) of this title (relating to
alien smuggling), except in the case of a first
offense for which the alien has affirmatively
shown that the alien committed the offense
for the purpose of assisting, abetting, or aiding
only the alien’s spouse, child, or parent (and
no other individual) to violate a provision of
this chapter 6
(O) an offense described in section 1325(a) or
1326 of this title committed by an alien who
was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;
(P) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of
section 1543 of title 18 or is described in section 1546(a) of such title (relating to document
fraud) and (ii) for which the term of imprisonment is at least 12 months, except in the case
of a first offense for which the alien has affirmatively shown that the alien committed
the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child,
or parent (and no other individual) to violate
a provision of this chapter;
(Q) an offense relating to a failure to appear
by a defendant for service of sentence if the
underlying offense is punishable by imprisonment for a term of 5 years or more;
6 So

in original. Probably should be followed by a semicolon.

Page 24

(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in
vehicles the identification numbers of which
have been altered for which the term of imprisonment is at least one year;
(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or
bribery of a witness, for which the term of imprisonment is at least one year;
(T) an offense relating to a failure to appear
before a court pursuant to a court order to answer to or dispose of a charge of a felony for
which a sentence of 2 years’ imprisonment or
more may be imposed; and
(U) an attempt or conspiracy to commit an
offense described in this paragraph.
The term applies to an offense described in this
paragraph whether in violation of Federal or
State law and applies to such an offense in violation of the law of a foreign country for which
the term of imprisonment was completed within
the previous 15 years. Notwithstanding any
other provision of law (including any effective
date), the term applies regardless of whether the
conviction was entered before, on, or after September 30, 1996.
(44)(A) The term ‘‘managerial capacity’’ means
an assignment within an organization in which
the employee primarily—
(i) manages the organization, or a department, subdivision, function, or component of
the organization;
(ii) supervises and controls the work of other
supervisory, professional, or managerial employees, or manages an essential function
within the organization, or a department or
subdivision of the organization;
(iii) if another employee or other employees
are directly supervised, has the authority to
hire and fire or recommend those as well as
other personnel actions (such as promotion
and leave authorization) or, if no other employee is directly supervised, functions at a
senior level within the organizational hierarchy or with respect to the function managed; and
(iv) exercises discretion over the day-to-day
operations of the activity or function for
which the employee has authority.
A first-line supervisor is not considered to be
acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless
the employees supervised are professional.
(B) The term ‘‘executive capacity’’ means an
assignment within an organization in which the
employee primarily—
(i) directs the management of the organization or a major component or function of the
organization;
(ii) establishes the goals and policies of the
organization, component, or function;
(iii) exercises wide latitude in discretionary
decision-making; and
(iv) receives only general supervision or direction from higher level executives, the board
of directors, or stockholders of the organization.
(C) If staffing levels are used as a factor in determining whether an individual is acting in a
managerial or executive capacity, the Attorney

Page 25

TITLE 8—ALIENS AND NATIONALITY

General shall take into account the reasonable
needs of the organization, component, or function in light of the overall purpose and stage of
development of the organization, component, or
function. An individual shall not be considered
to be acting in a managerial or executive capacity (as previously defined) merely on the basis of
the number of employees that the individual supervises or has supervised or directs or has directed.
(45) The term ‘‘substantial’’ means, for purposes of paragraph (15)(E) with reference to
trade or capital, such an amount of trade or capital as is established by the Secretary of State,
after consultation with appropriate agencies of
Government.
(46) The term ‘‘extraordinary ability’’ means,
for purposes of subsection (a)(15)(O)(i) of this
section, in the case of the arts, distinction.
(47)(A) The term ‘‘order of deportation’’ means
the order of the special inquiry officer, or other
such administrative officer to whom the Attorney General has delegated the responsibility for
determining whether an alien is deportable, concluding that the alien is deportable or ordering
deportation.
(B) The order described under subparagraph
(A) shall become final upon the earlier of—
(i) a determination by the Board of Immigration Appeals affirming such order; or
(ii) the expiration of the period in which the
alien is permitted to seek review of such order
by the Board of Immigration Appeals.
(48)(A) The term ‘‘conviction’’ means, with respect to an alien, a formal judgment of guilt of
the alien entered by a court or, if adjudication
of guilt has been withheld, where—
(i) a judge or jury has found the alien guilty
or the alien has entered a plea of guilty or
nolo contendere or has admitted sufficient
facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s
liberty to be imposed.
(B) Any reference to a term of imprisonment
or a sentence with respect to an offense is
deemed to include the period of incarceration or
confinement ordered by a court of law regardless
of any suspension of the imposition or execution
of that imprisonment or sentence in whole or in
part.
(49) The term ‘‘stowaway’’ means any alien
who obtains transportation without the consent
of the owner, charterer, master or person in
command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to
be considered a stowaway.
(50) The term ‘‘intended spouse’’ means any
alien who meets the criteria set forth in section
1154(a)(1)(A)(iii)(II)(aa)(BB),
1154(a)(1)(B)(ii)(II)(aa)(BB),
or
1229b(b)(2)(A)(i)(III) of this title.
(51) The term ‘‘VAWA self-petitioner’’ means
an alien, or a child of the alien, who qualifies for
relief under—
(A) clause (iii), (iv), or (vii) of section
1154(a)(1)(A) of this title;
(B) clause (ii) or (iii) of section 1154(a)(1)(B)
of this title;

§ 1101

(C) section 1186a(c)(4)(C) of this title;
(D) the first section of Public Law 89–732 (8
U.S.C. 1255 note) (commonly known as the
Cuban Adjustment Act) as a child or spouse
who has been battered or subjected to extreme
cruelty;
(E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C.
1255 note);
(F) section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act; or
(G) section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104–208).
(52) The term ‘‘accredited language training
program’’ means a language training program
that is accredited by an accrediting agency recognized by the Secretary of Education.
(b) As used in subchapters I and II—
(1) The term ‘‘child’’ means an unmarried person under twenty-one years of age who is—
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of
wedlock, provided the child had not reached
the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the
child’s residence or domicile, or under the law
of the father’s residence or domicile, whether
in or outside the United States, if such
legitimation takes place before the child
reaches the age of eighteen years and the child
is in the legal custody of the legitimating parent or parents at the time of such
legitimation;
(D) a child born out of wedlock, by, through
whom, or on whose behalf a status, privilege,
or benefit is sought by virtue of the relationship of the child to its natural mother or to its
natural father if the father has or had a bona
fide parent-child relationship with the person;
(E)(i) a child adopted while under the age of
sixteen years if the child has been in the legal
custody of, and has resided with, the adopting
parent or parents for at least two years or if
the child has been battered or subject to extreme cruelty by the adopting parent or by a
family member of the adopting parent residing
in the same household: Provided, That no natural parent of any such adopted child shall
thereafter, by virtue of such parentage, be accorded any right, privilege, or status under
this chapter; or
(ii) subject to the same proviso as in clause
(i), a child who: (I) is a natural sibling of a
child described in clause (i) or subparagraph
(F)(i); (II) was adopted by the adoptive parent
or parents of the sibling described in such
clause or subparagraph; and (III) is otherwise
described in clause (i), except that the child
was adopted while under the age of 18 years;
(F)(i) a child, under the age of sixteen at the
time a petition is filed in his behalf to accord
a classification as an immediate relative
under section 1151(b) of this title, who is an orphan because of the death or disappearance of,
abandonment or desertion by, or separation or
loss from, both parents, or for whom the sole
or surviving parent is incapable of providing
the proper care and has in writing irrevocably
released the child for emigration and adop-

§ 1101

TITLE 8—ALIENS AND NATIONALITY

tion; who has been adopted abroad by a United
States citizen and spouse jointly, or by an unmarried United States citizen at least twentyfive years of age, who personally saw and observed the child prior to or during the adoption proceedings; or who is coming to the
United States for adoption by a United States
citizen and spouse jointly, or by an unmarried
United States citizen at least twenty-five
years of age, who have or has complied with
the preadoption requirements, if any, of the
child’s proposed residence; Provided, That the
Attorney General is satisfied that proper care
will be furnished the child if admitted to the
United States: Provided further, That no natural parent or prior adoptive parent of any such
child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or
status under this chapter; or
(ii) subject to the same provisos as in clause
(i), a child who: (I) is a natural sibling of a
child described in clause (i) or subparagraph
(E)(i); (II) has been adopted abroad, or is coming to the United States for adoption, by the
adoptive parent (or prospective adoptive parent) or parents of the sibling described in such
clause or subparagraph; and (III) is otherwise
described in clause (i), except that the child is
under the age of 18 at the time a petition is
filed in his or her behalf to accord a classification as an immediate relative under section
1151(b) of this title; or
(G)(i) a child, younger than 16 years of age at
the time a petition is filed on the child’s behalf to accord a classification as an immediate
relative under section 1151(b) of this title, who
has been adopted in a foreign state that is a
party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May
29, 1993, or who is emigrating from such a foreign state to be adopted in the United States
by a United States citizen and spouse jointly
or by an unmarried United States citizen who
is at least 25 years of age, Provided, That—
(I) the Secretary of Homeland Security is
satisfied that proper care will be furnished
the child if admitted to the United States;
(II) the child’s natural parents (or parent,
in the case of a child who has one sole or
surviving parent because of the death or disappearance of, abandonment or desertion by,
the other parent), or other persons or institutions that retain legal custody of the
child, have freely given their written irrevocable consent to the termination of their
legal relationship with the child, and to the
child’s emigration and adoption;
(III) in the case of a child having two living natural parents, the natural parents are
incapable of providing proper care for the
child;
(IV) the Secretary of Homeland Security is
satisfied that the purpose of the adoption is
to form a bona fide parent-child relationship, and the parent-child relationship of the
child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Secretary of
Homeland Security may consider whether
there is a petition pending to confer immi-

Page 26

grant status on one or both of such natural
parents); and
(V) in the case of a child who has not been
adopted—
(aa) the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose
of adoption by the prospective adoptive
parent or parents; and
(bb) the prospective adoptive parent or
parents has or have complied with any preadoption requirements of the child’s proposed residence; and
(ii) except that no natural parent or prior
adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded
any right, privilege, or status under this chapter; or
(iii) subject to the same provisos as in
clauses (i) and (ii), a child who—
(I) is a natural sibling of a child described
in clause (i), subparagraph (E)(i), or subparagraph (F)(i);
(II) was adopted abroad, or is coming to
the United States for adoption, by the adoptive parent (or prospective adoptive parent)
or parents of the sibling described in clause
(i), subparagraph (E)(i), or subparagraph
(F)(i); and
(III) is otherwise described in clause (i), except that the child is younger than 18 years
of age at the time a petition is filed on his
or her behalf for classification as an immediate relative under section 1151(b) of this
title.
(2) The terms ‘‘parent’’, ‘‘father’’, or ‘‘mother’’
mean a parent, father, or mother only where the
relationship exists by reason of any of the circumstances set forth in subdivision (1) of this
subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso
therein) and paragraph (1)(G)(i) in the case of a
child born out of wedlock described in paragraph
(1)(D) (and not described in paragraph (1)(C)),
the term ‘‘parent’’ does not include the natural
father of the child if the father has disappeared
or abandoned or deserted the child or if the father has in writing irrevocably released the
child for emigration and adoption.
(3) The term ‘‘person’’ means an individual or
an organization.
(4) The term ‘‘immigration judge’’ means an
attorney whom the Attorney General appoints
as an administrative judge within the Executive
Office for Immigration Review, qualified to conduct specified classes of proceedings, including a
hearing under section 1229a of this title. An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be
employed by the Immigration and Naturalization Service.
(5) The term ‘‘adjacent islands’’ includes Saint
Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and
Netherlands territory or possessions in or bordering on the Caribbean Sea.
(c) As used in subchapter III—

Page 27

TITLE 8—ALIENS AND NATIONALITY

(1) The term ‘‘child’’ means an unmarried person under twenty-one years of age and includes
a child legitimated under the law of the child’s
residence or domicile, or under the law of the father’s residence or domicile, whether in the
United States or elsewhere, and, except as
otherwise provided in sections 1431 and 1432 7 of
this title, a child adopted in the United States,
if such legitimation or adoption takes place before the child reaches the age of 16 years (except
to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of
this section), and the child is in the legal custody of the legitimating or adopting parent or
parents at the time of such legitimation or
adoption.
(2) The terms ‘‘parent’’, ‘‘father’’, and ‘‘mother’’ include in the case of a posthumous child a
deceased parent, father, and mother.
(d) Repealed. Pub. L. 100–525, § 9(a)(3), Oct. 24,
1988, 102 Stat. 2619.
(e) For the purposes of this chapter—
(1) The giving, loaning, or promising of support or of money or any other thing of value to
be used for advocating any doctrine shall constitute the advocating of such doctrine; but
nothing in this paragraph shall be construed as
an exclusive definition of advocating.
(2) The giving, loaning, or promising of support or of money or any other thing of value for
any purpose to any organization shall be presumed to constitute affiliation therewith; but
nothing in this paragraph shall be construed as
an exclusive definition of affiliation.
(3) Advocating the economic, international,
and governmental doctrines of world communism means advocating the establishment of
a totalitarian Communist dictatorship in any or
all of the countries of the world through the medium of an internationally coordinated Communist movement.
(f) For the purposes of this chapter—
No person shall be regarded as, or found to be,
a person of good moral character who, during
the period for which good moral character is required to be established is, or was—
(1) a habitual drunkard;
(2) Repealed. Pub. L. 97–116, § 2(c)(1), Dec. 29,
1981, 95 Stat. 1611.
(3) a member of one or more of the classes of
persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and (10)(A)
of section 1182(a) of this title; or subparagraphs (A) and (B) of section 1182(a)(2) of this
title and subparagraph (C) thereof of such section 8 (except as such paragraph relates to a
single offense of simple possession of 30 grams
or less of marihuana), if the offense described
therein, for which such person was convicted
or of which he admits the commission, was
committed during such period;
(4) one whose income is derived principally
from illegal gambling activities;
(5) one who has been convicted of two or
more gambling offenses committed during
such period;
(6) one who has given false testimony for the
purpose of obtaining any benefits under this
chapter;
7 See

References in Text note below.
in original. The phrase ‘‘of such section’’ probably should
not appear.
8 So

§ 1101

(7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of
whether the offense, or offenses, for which he
has been confined were committed within or
without such period;
(8) one who at any time has been convicted
of an aggravated felony (as defined in subsection (a)(43) of this section); or
(9) one who at any time has engaged in conduct described in section 1182(a)(3)(E) of this
title (relating to assistance in Nazi persecution, participation in genocide, or commission
of acts of torture or extrajudicial killings) or
1182(a)(2)(G) of this title (relating to severe
violations of religious freedom).
The fact that any person is not within any of
the foregoing classes shall not preclude a finding
that for other reasons such person is or was not
of good moral character. In the case of an alien
who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a
lawful restriction of such registration or voting
to citizens, if each natural parent of the alien
(or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien
permanently resided in the United States prior
to attaining the age of 16, and the alien reasonably believed at the time of such statement,
claim, or violation that he or she was a citizen,
no finding that the alien is, or was, not of good
moral character may be made based on it.
(g) For the purposes of this chapter any alien
ordered deported or removed (whether before or
after the enactment of this chapter) who has left
the United States, shall be considered to have
been deported or removed in pursuance of law,
irrespective of the source from which the expenses of his transportation were defrayed or of
the place to which he departed.
(h) For purposes of section 1182(a)(2)(E) of this
title, the term ‘‘serious criminal offense’’
means—
(1) any felony;
(2) any crime of violence, as defined in section 16 of title 18; or
(3) any crime of reckless driving or of driving while intoxicated or under the influence of
alcohol or of prohibited substances if such
crime involves personal injury to another.
(i) With respect to each nonimmigrant alien
described in subsection (a)(15)(T)(i) of this section—
(1) the Secretary of Homeland Security, the
Attorney General, and other Government officials, where appropriate, shall provide the
alien with a referral to a nongovernmental organization that would advise the alien regarding the alien’s options while in the United
States and the resources available to the
alien; and
(2) the Secretary of Homeland Security
shall, during the period the alien is in lawful
temporary resident status under that subsection, grant the alien authorization to engage in employment in the United States and

§ 1101

TITLE 8—ALIENS AND NATIONALITY

provide the alien with an ‘‘employment authorized’’ endorsement or other appropriate
work permit.
(June 27, 1952, ch. 477, title I, § 101, 66 Stat. 166;
Pub. L. 85–316, §§ 1, 2, Sept. 11, 1957, 71 Stat. 639;
Pub. L. 85–508, § 22, July 7, 1958, 72 Stat. 351; Pub.
L. 86–3, § 20(a), Mar. 18, 1959, 73 Stat. 13; Pub. L.
87–256, § 109(a), (b), Sept. 21, 1961, 75 Stat. 534;
Pub. L. 87–301, §§ 1, 2, 7, Sept. 26, 1961, 75 Stat.
650, 653; Pub. L. 89–236, §§ 8, 24, Oct. 3, 1965, 79
Stat. 916, 922; Pub. L. 89–710, Nov. 2, 1966, 80 Stat.
1104; Pub. L. 91–225, § 1, Apr. 7, 1970, 84 Stat. 116;
Pub. L. 94–155, Dec. 16, 1975, 89 Stat. 824; Pub. L.
94–484, title VI, § 601(b), (e), Oct. 12, 1976, 90 Stat.
2301, 2302; Pub. L. 94–571, § 7(a), Oct. 20, 1976, 90
Stat. 2706; Pub. L. 94–484, title VI, § 602(c), Oct.
12, 1976, as added Pub. L. 95–83, title III,
§ 307(q)(3), Aug. 1, 1977, 91 Stat. 395; Pub. L.
95–105, title I, § 109(b)(3), Aug. 17, 1977, 91 Stat.
847; Pub. L. 96–70, title III, § 3201(a), Sept. 27,
1979, 93 Stat. 496; Pub. L. 96–212, title II, § 201(a),
Mar. 17, 1980, 94 Stat. 102; Pub. L. 97–116, §§ 2,
5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619;
Priv. L. 98–47, § 3, Oct. 30, 1984, 98 Stat. 3435; Pub.
L. 99–505, § 1, Oct. 21, 1986, 100 Stat. 1806; Pub. L.
99–603, title III, §§ 301(a), 312, 315(a), Nov. 6, 1986,
100 Stat. 3411, 3434, 3439; Pub. L. 99–653, §§ 2, 3,
Nov. 14, 1986, 100 Stat. 3655; Pub. L. 100–459, title
II, § 210(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L.
100–525, §§ 2(o)(1), 8(b), 9(a), Oct. 24, 1988, 102 Stat.
2613, 2617, 2619; Pub. L. 100–690, title VII, § 7342,
Nov. 18, 1988, 102 Stat. 4469; Pub. L. 101–162, title
VI, § 611(a), Nov. 21, 1989, 103 Stat. 1038; Pub. L.
101–238, § 3(a), Dec. 18, 1989, 103 Stat. 2100; Pub. L.
101–246, title I, § 131(b), Feb. 16, 1990, 104 Stat. 31;
Pub. L. 101–649, title I, §§ 123, 151(a), 153(a),
162(f)(2)(A), title II, §§ 203(c), 204(a), (c), 205(c)(1),
(d), (e), 206(c), 207(a), 208, 209(a), title IV,
§ 407(a)(2), title V, §§ 501(a), 509(a), title VI,
§ 603(a)(1), Nov. 29, 1990, 104 Stat. 4995, 5004, 5005,
5012, 5018–5020, 5022, 5023, 5026, 5027, 5040, 5048,
5051, 5082; Pub. L. 102–110, § 2(a), Oct. 1, 1991, 105
Stat. 555; Pub. L. 102–232, title II, §§ 203(a),
205(a)–(c), 206(b), (c)(1), (d), 207(b), title III,
§§ 302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1),
306(a)(1), 309(b)(1), (4), Dec. 12, 1991, 105 Stat. 1737,
1740, 1741, 1746–1748, 1750, 1751, 1758; Pub. L.
103–236, title I, § 162(h)(1), Apr. 30, 1994, 108 Stat.
407; Pub. L. 103–322, title XIII, § 130003(a), Sept.
13, 1994, 108 Stat. 2024; Pub. L. 103–337, div. C,
title XXXVI, § 3605, Oct. 5, 1994, 108 Stat. 3113;
Pub. L. 103–416, title II, §§ 201, 202, 214, 219(a),
222(a), Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316,
4320; Pub. L. 104–51, § 1, Nov. 15, 1995, 109 Stat.
467; Pub. L. 104–132, title IV, § 440(b), (e), Apr. 24,
1996, 110 Stat. 1277; Pub. L. 104–208, div. C, title
I, § 104(a), title III, §§ 301(a), 308(d)(3)(A), (4)(A),
(e)(3), (f)(1)(A), (B), 321(a), (b), 322(a)(1), (2)(A),
361(a), 371(a), title VI, §§ 601(a)(1), 625(a)(2),
671(a)(3)(B), (b)(5), (e)(2), Sept. 30, 1996, 110 Stat.
3009–555, 3009–575, 3009–617, 3009–620, 3009–621,
3009–627 to 3009–629, 3009–644, 3009–645, 3009–689,
3009–700, 3009–721 to 3009–723; Pub. L. 105–54, § 1(a),
Oct. 6, 1997, 111 Stat. 1175; Pub. L. 105–119, title
I, § 113, Nov. 26, 1997, 111 Stat. 2460; Pub. L.
105–277, div. C, title IV, § 421, div. G, title XXII,
§ 2222(e), Oct. 21, 1998, 112 Stat. 2681–657, 2681–819;
Pub. L. 105–319, § 2(b)(1), (e)(2), formerly (d)(2),
Oct. 30, 1998, 112 Stat. 3014, 3015, renumbered
§ 2(e)(2), Pub. L. 108–449, § 1(a)(3)(A), Dec. 10, 2004,
118 Stat. 3470; Pub. L. 106–95, § 2(a), (c), Nov. 12,

Page 28

1999, 113 Stat. 1312, 1316; Pub. L. 106–139, § 1(a),
(b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106–279,
title III, § 302(a), (c), Oct. 6, 2000, 114 Stat. 838,
839; Pub. L. 106–386, div. A, § 107(e)(1), (4), div. B,
title V, §§ 1503(a), § 1513(b), Oct. 28, 2000, 114 Stat.
1477, 1479, 1518, 1534; Pub. L. 106–395, title II,
§ 201(a)(1), Oct. 30, 2000, 114 Stat. 1633; Pub. L.
106–409, § 2(a), Nov. 1, 2000, 114 Stat. 1787; Pub. L.
106–536, § 1(a), Nov. 22, 2000, 114 Stat. 2560; Pub. L.
106–553, § 1(a)(2) [title XI, §§ 1102(a), 1103(a)], Dec.
21, 2000, 114 Stat. 2762, 2762A–142, 2762A–144; Pub.
L. 107–125, § 2(b), Jan. 16, 2002, 115 Stat. 2403; Pub.
L. 107–274, § 2(a), (b), Nov. 2, 2002, 116 Stat. 1923;
Pub. L. 108–77, title IV, § 402(a)(1), Sept. 3, 2003,
117 Stat. 939; Pub. L. 108–99, § 1, Oct. 15, 2003, 117
Stat. 1176; Pub. L. 108–193, §§ 4(b)(1), (5), 8(a)(1),
Dec. 19, 2003, 117 Stat. 2878, 2879, 2886; Pub. L.
108–449, § 1(a)(2)(B), (b)(1), Dec. 10, 2004, 118 Stat.
3469, 3470; Pub. L. 108–458, title V, § 5504, Dec. 17,
2004, 118 Stat. 3741; Pub. L. 109–13, div. B, title V,
§ 501(a), May 11, 2005, 119 Stat. 321; Pub. L. 109–90,
title V, § 536, Oct. 18, 2005, 119 Stat. 2087; Pub. L.
109–162, title VIII, §§ 801, 805(d), 811, 822(c)(1), Jan.
5, 2006, 119 Stat. 3053, 3056, 3057, 3063; Pub. L.
109–248, title IV, § 402(b), July 27, 2006, 120 Stat.
623; Pub. L. 110–229, title VII, § 702(j)(1)–(3), May
8, 2008, 122 Stat. 866; Pub. L. 110–391, § 2(a), Oct.
10, 2008, 122 Stat. 4193; Pub. L. 110–457, title II,
§§ 201(a), 235(d)(1), Dec. 23, 2008, 122 Stat. 5052,
5079; Pub. L. 111–9, § 1, Mar. 20, 2009, 123 Stat. 989;
Pub. L. 111–83, title V, § 568(a)(1), Oct. 28, 2009, 123
Stat. 2186; Pub. L. 111–287, § 3, Nov. 30, 2010, 124
Stat. 3058; Pub. L. 111–306, § 1(a), Dec. 14, 2010, 124
Stat. 3280.)
AMENDMENT OF SUBSECTION (a)(15)(H)(i)
For termination of amendment by section
107(c) of Pub. L. 108–77, see Effective and Termination Dates of 2003 Amendment note below.
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b) (except
par. (1)(G)(ii)), (c), and (e)–(g), 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 below and Tables.
The Headquarters Agreement with the United Nations (61 Stat. 758), referred to in subsec. (a)(15)(C), is
set out as a note under section 287 of Title 22, Foreign
Relations and Intercourse.
Section 1184(l) of this title, referred to in subsec.
(a)(15)(F)(i), probably means the subsec. (l) of section
1184 which relates to nonimmigrant elementary and
secondary school students and was added by Pub. L.
104–208, div. C, title VI, § 625(a)(1), Sept. 30, 1996, 110
Stat. 3009–699, and redesignated subsec. (m) of section
1184 by Pub. L. 106–386, div. A, § 107(e)(2)(A), Oct. 28,
2000, 114 Stat. 1478.
The International Organizations Immunities Act (59
Stat. 669), referred to in subsec. (a)(15)(G)(i), is act Dec.
29, 1945, ch. 652, title I, 59 Stat. 669, 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.
Subsection (p) of section 1184 of this title, referred to
in subsec. (a)(15)(K), was redesignated as subsec. (r) of
section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117
Stat. 2886.
Section 3(a) of the Selective Training and Service Act
of 1940, as amended (54 Stat. 885; 55 Stat. 844), referred
to in subsec. (a)(19), was classified to section 303 of

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TITLE 8—ALIENS AND NATIONALITY

Title 50, Appendix, War and National Defense, and was
omitted from the Code as obsolete.
The Selective Service Act of 1948, referred to in subsec. (a)(19), was redesignated the Universal Military
Training and Service Act by act June 19, 1951, 65 Stat.
75, and then redesignated the Military Selective Service Act of 1967 by act June 30, 1967, Pub. L. 90–40, 81
Stat. 100, and subsequently redesignated the Military
Selective Service Act by Pub. L. 92–129, title I,
§ 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
The Immigration Technical Corrections Act of 1988,
referred to in subsec. (a)(27)(L)(iii), is Pub. L. 100–525,
Oct. 24, 1988, 102 Stat. 2609. For complete classification
of this Act to the Code, see Short Title of 1988 Amendments note set out below and Tables.
The Immigration and Nationality Technical Corrections Act of 1994, referred to in subsec. (a)(27)(L)(iii), is
Pub. L. 103–416, Oct. 25, 1994, 108 Stat. 4305. For complete classification of this Act to the Code, see Short
Title of 1994 Amendment note set out below and Tables.
The American Competitiveness and Workforce Improvement Act of 1998, referred to in subsec.
(a)(27)(L)(iii), is Pub. L. 105–277, div. C, title IV, Oct. 21,
1998, 112 Stat. 2681–641. For complete classification of
this Act to the Code, see Short Title of 1998 Amendment note set out below and Tables.
Section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998, referred to in subsec.
(a)(51)(E), is Pub. L. 105–277, div. A, § 101(h) [title IX,
§ 902(d)(1)(B)], which is set out as a note under section
1255 of this title.
Section 202(d)(1) of the Nicaraguan Adjustment and
Central American Relief Act, referred to in subsec.
(a)(51)(F), is section 202(d)(1) of Pub. L. 105–100, which is
set out as a note under section 1255 of this title.
Section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, referred to in
subsec. (a)(51)(G), is section 309 of div. C of Pub. L.
104–208, which is set out as a note under this section.
Section 1432 of this title, referred to in subsec. (c)(1),
was repealed by Pub. L. 106–395, title I, § 103(a), Oct. 30,
2000, 114 Stat. 1632.
CODIFICATION
September 30, 1996, referred to in the concluding provisions of subsec. (a)(43), was in the original ‘‘the date
of enactment of this paragraph’’, which was translated
as meaning the date of enactment of section 321(b) of
Pub. L. 104–208, which inserted that language, to reflect
the probable intent of Congress.
AMENDMENTS
2010—Subsec. (a)(15)(F)(i). Pub. L. 111–306, § 1(a)(1),
substituted ‘‘an accredited language’’ for ‘‘a language’’.
Subsec. (a)(52). Pub. L. 111–306, § 1(a)(2), added par.
(52).
Subsec. (b)(1)(G). Pub. L. 111–287 amended subpar. (G)
generally. Prior to amendment, subpar. (G) provided
that the term ‘‘child’’ includes a child who is migrating
from certain foreign states to the United States to be
adopted if the Attorney General is satisfied that certain criteria are met.
2009—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 111–83 substituted ‘‘September 30, 2012,’’ for ‘‘September 30,
2009,’’.
Pub. L. 111–9 substituted ‘‘September 30, 2009,’’ for
‘‘March 6, 2009,’’.
2008—Subsec. (a)(15)(D)(ii). Pub. L. 110–229, § 702(j)(1),
inserted ‘‘or the Commonwealth of the Northern Mariana Islands’’ after ‘‘Guam’’ in two places.
Subsec. (a)(15)(T)(i). Pub. L. 110–457, § 201(a)(1)(A), substituted ‘‘Security, in consultation with the Attorney
General,’’ for ‘‘Security and the Attorney General
jointly;’’ in introductory provisions.
Subsec. (a)(15)(T)(i)(I). Pub. L. 110–457, § 201(a)(1)(B),
substituted semicolon for comma at end.
Subsec. (a)(15)(T)(i)(II). Pub. L. 110–457, § 201(a)(1)(C),
inserted at end ‘‘including physical presence on account of the alien having been allowed entry into the

§ 1101

United States for participation in investigative or judicial processes associated with an act or a perpetrator of
trafficking;’’.
Subsec.
(a)(15)(T)(i)(III)(bb).
Pub.
L.
110–457,
§ 201(a)(1)(D)(i), (iii), added item (bb). Former item (bb)
redesignated (cc).
Subsec.
(a)(15)(T)(i)(III)(cc).
Pub.
L.
110–457,
§ 201(a)(1)(D)(ii), (iv), redesignated item (bb) as (cc) and
substituted ‘‘; and’’ for ‘‘, and’’.
Subsec. (a)(15)(T)(ii)(III). Pub. L. 110–457, § 201(a)(2),
added subcl. (III).
Subsec. (a)(15)(T)(iii). Pub. L. 110–457, § 201(a)(1)(E),
(3), struck out cl. (iii) which read as follows: ‘‘if the
Secretary of Homeland Security, in his or her discretion and with the consultation of the Attorney General,
determines that a trafficking victim, due to psychological or physical trauma, is unable to cooperate with
a request for assistance described in clause (i)(III)(aa),
the request is unreasonable.’’
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 110–391 substituted ‘‘March 6, 2009,’’ for ‘‘October 1, 2008,’’.
Subsec. (a)(27)(J)(i). Pub. L. 110–457, § 235(d)(1)(A), substituted ‘‘State, or an individual or entity appointed by
a State or juvenile court located in the United States,
and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect,
abandonment, or a similar basis found under State
law;’’ for ‘‘State and who has been deemed eligible by
that court for long-term foster care due to abuse, neglect, or abandonment;’’.
Subsec. (a)(27)(J)(iii). Pub. L. 110–457, § 235(d)(1)(B)(i),
substituted ‘‘the Secretary of Homeland Security consents to the grant of special immigrant juvenile
status,’’ for ‘‘the Attorney General expressly consents
to the dependency order serving as a precondition to
the grant of special immigrant juvenile status;’’ in introductory provisions.
Subsec.
(a)(27)(J)(iii)(I).
Pub.
L.
110–457,
§ 235(d)(1)(B)(ii), substituted ‘‘in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction;’’ for ‘‘in the actual or constructive custody of the Attorney General unless the
Attorney General specifically consents to such jurisdiction;’’.
Subsec. (a)(36), (38). Pub. L. 110–229, § 702(j)(2), (3), substituted ‘‘the Virgin Islands of the United States, and
the Commonwealth of the Northern Mariana Islands’’
for ‘‘and the Virgin Islands of the United States’’.
2006—Subsec. (a)(15)(K)(i), (ii). Pub. L. 109–248, which
directed insertion of ‘‘(other than a citizen described in
section 1154(a)(1)(A)(viii)(I) of this title)’’ after ‘‘citizen
of the United States’’ each place appearing in section
101(a)(15)(K), without specifying the Act to be amended,
was executed to subsec. (a)(15)(K) of this section, which
is section 101 of the Immigration and Nationality Act,
to reflect the probable intent of Congress.
Subsec. (a)(15)(T)(i). Pub. L. 109–162, § 801(a)(1)(A), substituted ‘‘Secretary of Homeland Security, or in the
case of subclause (III)(aa) the Secretary of Homeland
Security and the Attorney General jointly;’’ for ‘‘Attorney General’’.
Subsec.
(a)(15)(T)(i)(III)(aa).
Pub.
L.
109–162,
§ 801(a)(1)(B)(i), inserted ‘‘Federal, State, or local’’ before ‘‘investigation’’.
Pub. L. 109–162, § 801(a)(1)(B)(ii), which directed substitution of ‘‘or the investigation of crime where acts
of trafficking are at least one central reason for the
commission of that crime; or’’ for ‘‘, or’’, was executed
by making the substitution for ‘‘, or’’ the second time
appearing to reflect the probable intent of Congress.
Subsec. (a)(15)(T)(i)(IV). Pub. L. 109–162, § 801(a)(1)(C),
struck out ‘‘and’’ at end.
Subsec. (a)(15)(T)(ii). Pub. L. 109–162, § 801(a)(2),
amended cl. (ii) generally. Prior to amendment, cl. (ii)
read as follows: ‘‘if the Attorney General considers it
necessary to avoid extreme hardship—
‘‘(I) in the case of an alien described in clause (i)
who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on

§ 1101

TITLE 8—ALIENS AND NATIONALITY

which such alien applied for status under such clause,
and parents of such alien; and
‘‘(II) in the case of an alien described in clause (i)
who is 21 years of age or older, the spouse and children of such alien,
if accompanying, or following to join, the alien described in clause (i);’’.
Subsec. (a)(15)(T)(iii). Pub. L. 109–162, § 801(a)(3), added
cl. (iii).
Subsec. (a)(15)(U)(i). Pub. L. 109–162, § 801(b)(1), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’.
Subsec. (a)(15)(U)(ii). Pub. L. 109–162, § 801(b)(2),
amended cl. (ii) generally. Prior to amendment, cl. (ii)
read as follows: ‘‘if the Attorney General considers it
necessary to avoid extreme hardship to the spouse, the
child, or, in the case of an alien child, the parent of the
alien described in clause (i), the Attorney General may
also grant status under this paragraph based upon certification of a government official listed in clause
(i)(III) that an investigation or prosecution would be
harmed without the assistance of the spouse, the child,
or, in the case of an alien child, the parent of the alien;
and’’.
Subsec. (a)(51). Pub. L. 109–162, § 811, added par. (51).
Subsec. (b)(1)(E)(i). Pub. L. 109–162, § 805(d), inserted
before colon ‘‘or if the child has been battered or subject to extreme cruelty by the adopting parent or by a
family member of the adopting parent residing in the
same household’’.
Subsec. (f)(3). Pub. L. 109–162, § 822(c)(1), substituted
‘‘(10)(A)’’ for ‘‘(9)(A)’’.
Subsec. (i)(1). Pub. L. 109–162, § 801(c)(1), substituted
‘‘Secretary of Homeland Security, the Attorney General,’’ for ‘‘Attorney General’’.
Subsec. (i)(2). Pub. L. 109–162, § 801(c)(2), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’.
2005—Subsec. (a)(15)(E)(iii). Pub. L. 109–13 added cl.
(iii).
Subsec. (a)(15)(H)(ii)(a). Pub. L. 109–90 substituted
‘‘, agriculture as defined in section 203(f) of title 29, and
the pressing of apples for cider on a farm,’’ for ‘‘and agriculture as defined in section 203(f) of title 29,’’ and
made technical amendment to reference in original act
which appears in text as reference to section 3121(g) of
title 26.
2004—Subsec. (a)(15)(Q). Pub. L. 108–449, § 1(b)(1), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ in two places, ‘‘citizen of the United
Kingdom or the Republic of Ireland, 21 to 35 years of
age, unemployed for not less than 12 months, and having a residence for not less than 18 months’’ for ‘‘35
years of age or younger having a residence’’, and ‘‘24
months)’’ for ‘‘36 months)’’.
Pub. L. 108–449, § 1(a)(2)(B), amended Pub. L. 105–319,
§ 2(d)(2). See 1998 Amendment note below.
Subsec. (f)(9). Pub. L. 108–458 added par. (9).
2003—Subsec. (a)(15)(H)(i). Pub. L. 108–77, §§ 107(c),
402(a)(1), temporarily substituted ‘‘1182(n)(1) of this
title, or (b1) who is entitled to enter the United States
under and in pursuance of the provisions of an agreement listed in section 1184(g)(8)(A) of this title, who is
engaged in a specialty occupation described in section
1184(i)(3) of this title, and with respect to whom the
Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of
State that the intending employer has filed with the
Secretary of Labor an attestation under section
1182(t)(1) of this title, or (c)’’ for ‘‘1182(n)(1) of this title,
or (c)’’. See Effective and Termination Dates of 2003
Amendment note below.
Subsec. (a)(15)(T). Pub. L. 108–193, § 8(a)(1)(A), (B), substituted ‘‘1184(o) of this title,’’ for ‘‘1184(n) of this
title,’’ and realigned margins.
Subsec.
(a)(15)(T)(i)(III)(bb).
Pub.
L.
108–193,
§ 4(b)(1)(A), substituted ‘‘18 years of age,’’ for ‘‘15 years
of age,’’.
Subsec. (a)(15)(T)(ii)(I). Pub. L. 108–193, § 4(b)(1)(B), inserted ‘‘unmarried siblings under 18 years of age on the

Page 30

date on which such alien applied for status under such
clause,’’ before ‘‘and parents’’.
Subsec. (a)(15)(U). Pub. L. 108–193, § 8(a)(1)(A), (C), substituted ‘‘1184(p) of this title,’’ for ‘‘1184(o) of this
title,’’ in cl. (i) and realigned margins.
Subsec. (a)(15)(V). Pub. L. 108–193, § 8(a)(1)(D), substituted ‘‘1184(q) of this title,’’ for ‘‘1184(o) of this
title,’’ in introductory provisions.
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 108–99 substituted ‘‘2008,’’ for ‘‘2003,’’.
Subsec. (a)(43)(K)(iii). Pub. L. 108–193, § 4(b)(5), amended cl. (iii) generally. Prior to amendment, cl. (iii) read
as follows: ‘‘is described in section 1581, 1582, 1583, 1584,
1585, or 1588 of title 18 (relating to peonage, slavery, and
involuntary servitude);’’.
2002—Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107–274, § 2(a),
added cls. (ii) and (iii) and struck out former cl. (ii)
which read as follows: ‘‘and (ii) the alien spouse and
minor children of any such alien if accompanying him
or following to join him;’’.
Subsec. (a)(15)(L). Pub. L. 107–125 inserted ‘‘subject to
section 1184(c)(2) of this title,’’ before ‘‘an alien who’’.
Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107–274, § 2(b),
added cls. (ii) and (iii) and struck out former cl. (ii)
which read as follows: ‘‘and (ii) the alien spouse and
minor children of any such alien if accompanying him
or following to join him;’’.
2000—Subsec. (a)(15)(K). Pub. L. 106–553, § 1(a)(2) [title
XI, § 1103(a)], amended subpar. (K) generally. Prior to
amendment, subpar. (K) read as follows: ‘‘an alien who
is the fiance´e or fiance´ of a citizen of the United States
and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission, and the minor children of such
fiance´e or fiance´ accompanying him or following to
join him;’’.
Subsec. (a)(15)(T). Pub. L. 106–386, § 107(e)(1), added
subpar. (T).
Subsec. (a)(15)(U). Pub. L. 106–386, § 1513(b), added subpar. (U).
Subsec. (a)(15)(V). Pub. L. 106–553, § 1(a)(2) [title XI,
§ 1102(a)], added subpar. (V).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106–409 substituted ‘‘2003,’’ for ‘‘2000,’’.
Subsec. (a)(27)(M). Pub. L. 106–536 added subpar. (M).
Subsec. (a)(50). Pub. L. 106–386, § 1503(a), added par.
(50).
Subsec. (b)(1)(G). Pub. L. 106–279, § 302(a), added subpar. (G).
Subsec. (b)(2). Pub. L. 106–279, § 302(c), inserted ‘‘and
paragraph (1)(G)(i)’’ after ‘‘second proviso therein)’’.
Subsec. (f). Pub. L. 106–395 inserted at end: ‘‘In the
case of an alien who makes a false statement or claim
of citizenship, or who registers to vote or votes in a
Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if
each natural parent of the alien (or, in the case of an
adopted alien, each adoptive parent of the alien) is or
was a citizen (whether by birth or naturalization), the
alien permanently resided in the United States prior to
attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the
alien is, or was, not of good moral character may be
made based on it.’’
Subsec. (i). Pub. L. 106–386, § 107(e)(4), added subsec.
(i).
1999—Subsec. (a)(15)(H)(i)(a). Pub. L. 106–95, § 2(c),
struck out subcl. (a) which read as follows: ‘‘who is
coming temporarily to the United States to perform
services as a registered nurse, who meets the qualifications described in section 1182(m)(1) of this title, and
with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section
1182(m)(2) of this title for each facility (which facility
shall include the petitioner and each worksite, other
than a private household worksite, if the worksite is
not the alien’s employer or controlled by the employer)
for which the alien will perform the services, or’’.

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(15)(H)(i)(c). Pub. L. 106–95, § 2(a), added
subcl. (c).
Subsec. (b)(1)(E). Pub. L. 106–139, § 1(a)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(1)(F). Pub. L. 106–139, § 1(a)(2), designated
existing provisions as cl. (i), substituted ‘‘; or’’ for period at end, and added cl. (ii).
Subsec. (c)(1). Pub. L. 106–139, § 1(b)(1), substituted ‘‘16
years (except to the extent that the child is described
in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of
this section),’’ for ‘‘sixteen years,’’.
1998—Subsec. (a)(9). Pub. L. 105–277, § 2222(e), inserted
‘‘or employee’’ after ‘‘other officer’’ and ‘‘or, when used
in subchapter III, for the purpose of adjudicating nationality’’ before period at end.
Subsec. (a)(15)(N). Pub. L. 105–277, § 421(b), inserted
‘‘(or under analogous authority under paragraph
(27)(L))’’ after ‘‘(27)(I)(i)’’ in cl. (i) and after ‘‘(27)(I)’’ in
cl. (ii).
Subsec. (a)(15)(Q). Pub. L. 105–319, § 2(e)(2), formerly
§ 2(d)(2), renumbered § 2(e)(2) and amended Pub. L.
108–449, § 1(a)(2)(B), (3)(A), struck out cl. (i) designation
before ‘‘an alien having a residence’’ and struck out at
end: ‘‘or (ii)(I) an alien citizen of the United Kingdom
or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months in Northern Ireland,
or the counties of Louth, Monaghan, Cavan, Leitrim,
Sligo, and Donegal within the Republic of Ireland,
which the alien has no intention of abandoning who is
coming temporarily (for a period not to exceed 24
months) to the United States as a participant in a cultural and training program approved by the Secretary
of State and the Secretary of Homeland Security under
section 2(a) of the Irish Peace Process Cultural and
Training Program Act of 1998 for the purpose of providing practical training, employment, and the experience
of coexistence and conflict resolution in a diverse society, and (II) the alien spouse and minor children of any
such alien if accompanying the alien or following to
join the alien;’’.
Pub. L. 105–319, § 2(b)(1), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L). Pub. L. 105–277, § 421(a), added subpar. (L).
1997—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105–54 substituted ‘‘2000’’ for ‘‘1997’’.
Subsec. (a)(27)(J). Pub. L. 105–119 amended subpar. (J)
generally. Prior to amendment, subpar. (J) read as follows: ‘‘an immigrant (i) who has been declared dependent on a juvenile court located in the United States or
whom such a court has legally committed to, or placed
under the custody of, an agency or department of a
State and who has been deemed eligible by that court
for long-term foster care, and (ii) for whom it has been
determined in administrative or judicial proceedings
that it would not be in the alien’s best interest to be
returned to the alien’s or parent’s previous country of
nationality or country of last habitual residence; except that no natural parent or prior adoptive parent of
any alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under
this chapter; or’’.
1996—Subsec. (a)(6). Pub. L. 104–208, § 104(a), inserted
at end ‘‘Such regulations shall provide that (A) each
such document include a biometric identifier (such as
the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border
crossing identification card is not permitted to cross
over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.’’
Subsec. (a)(13). Pub. L. 104–208, § 301(a), amended par.
(13) generally. Prior to amendment, par. (13) read as
follows: ‘‘The term ‘entry’ means any coming of an
alien into the United States, from a foreign port or
place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not

§ 1101

be regarded as making an entry into the United States
for the purposes of the immigration laws if the alien
proves to the satisfaction of the Attorney General that
his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be
expected by him or his presence in a foreign port or
place or in an outlying possession was not voluntary:
Provided, That no person whose departure from the
United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to
be entitled to such exception.’’
Subsec. (a)(15)(F)(i). Pub. L. 104–208, § 625(a)(2), inserted ‘‘consistent with section 1184(l) of this title’’
after ‘‘such a course of study’’.
Subsec. (a)(15)(K). Pub. L. 104–208, § 308(f)(1)(A), substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(15)(S). Pub. L. 104–208, § 671(a)(3)(B), substituted ‘‘section 1184(k)’’ for ‘‘section 1184(j)’’ in introductory provisions.
Subsec. (a)(17). Pub. L. 104–208, § 308(d)(4)(A), substituted ‘‘expulsion, or removal’’ for ‘‘or expulsion’’.
Subsec. (a)(30). Pub. L. 104–208, § 308(f)(1)(B), substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(42). Pub. L. 104–208, § 601(a)(1), inserted at
end ‘‘For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy
or to undergo involuntary sterilization, or who has
been persecuted for failure or refusal to undergo such a
procedure or for other resistance to a coercive population control program, shall be deemed to have been
persecuted on account of political opinion, and a person
who has a well founded fear that he or she will be
forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be
deemed to have a well founded fear of persecution on
account of political opinion.’’
Subsec. (a)(43). Pub. L. 104–208, § 321(b), inserted at
end of concluding provisions ‘‘Notwithstanding any
other provision of law (including any effective date),
the term applies regardless of whether the conviction
was entered before, on, or after September 30, 1996.’’
Subsec. (a)(43)(A). Pub. L. 104–208, § 321(a)(1), inserted
‘‘, rape, or sexual abuse of a minor’’ after ‘‘murder’’.
Subsec. (a)(43)(D). Pub. L. 104–208, § 321(a)(2), substituted ‘‘$10,000’’ for ‘‘$100,000’’.
Subsec. (a)(43)(F). Pub. L. 104–208, § 322(a)(2)(A),
struck out ‘‘imposed (regardless of any suspension of
imprisonment)’’ after ‘‘term of imprisonment’’.
Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one
year’’ for ‘‘is at least 5 years’’.
Subsec. (a)(43)(G). Pub. L. 104–208, § 322(a)(2)(A), which
directed amendment of subpar. (G) by striking out ‘‘imposed (regardless of any suspension of imprisonment)’’,
was executed by striking out ‘‘imposed (regardless of
any suspension of such imprisonment)’’ after ‘‘term of
imprisonment’’ to reflect the probable intent of Congress.
Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one
year’’ for ‘‘is at least 5 years’’.
Subsec. (a)(43)(J). Pub. L. 104–208, § 321(a)(4), substituted ‘‘sentence of one year imprisonment’’ for ‘‘sentence of 5 years’ imprisonment’’.
Pub. L. 104–132, § 440(e)(1), inserted ‘‘, or an offense described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling offenses),’’ after ‘‘corrupt organizations)’’.
Subsec. (a)(43)(K)(i). Pub. L. 104–132, § 440(e)(2)(A),
struck out ‘‘or’’ at end.
Subsec. (a)(43)(K)(ii). Pub. L. 104–208, § 671(b)(5),
struck out comma after ‘‘1588’’.
Pub. L. 104–208, § 321(a)(5), inserted ‘‘if committed’’ before ‘‘for commercial advantage’’.
Pub. L. 104–132, § 440(e)(2)(C), added cl. (ii). Former cl.
(ii) redesignated (iii).
Subsec. (a)(43)(K)(iii). Pub. L. 104–132, § 440(e)(2)(B), redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). Pub. L. 104–208, § 321(a)(6), added
cl. (iii).
Subsec. (a)(43)(M). Pub. L. 104–208, § 321(a)(7), substituted ‘‘$10,000’’ for ‘‘$200,000’’ in cls. (i) and (ii).

§ 1101

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(43)(N). Pub. L. 104–208, § 322(a)(2)(A), which
directed amendment of subpar. (N) by striking ‘‘imposed (regardless of any suspension of imprisonment)’’,
could not be executed because that phrase did not appear subsequent to amendment by Pub. L. 104–208,
§ 321(a)(8). See below.
Pub. L. 104–208, § 321(a)(8), substituted ‘‘, except in the
case of a first offense for which the alien has affirmatively shown that the alien committed the offense for
the purpose of assisting, abetting, or aiding only the
alien’s spouse, child, or parent (and no other individual) to violate a provision of this chapter’’ for ‘‘for
which the term of imprisonment imposed (regardless of
any suspension of imprisonment) at least one year;’’.
Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one
year’’ for ‘‘is at least 5 years’’.
Pub. L. 104–132, § 440(e)(3), amended subpar. (N) generally. Prior to amendment, subpar. (N) read as follows:
‘‘an offense described in section 274(a)(1) of title 18,
United States Code (relating to alien smuggling) for
the purpose of commercial advantage;’’.
Subsec. (a)(43)(O). Pub. L. 104–132, § 440(e)(7), added
subpar. (O).
Pub. L. 104–132, § 440(e)(6), redesignated subpar. (O) as
(P).
Pub. L. 104–132, § 440(e)(4), amended subpar. (O) generally. Prior to amendment subpar. (O) read as follows:
‘‘an offense described in section 1546(a) of title 18 (relating to document fraud) which constitutes trafficking in
the documents described in such section for which the
term of imprisonment imposed (regardless of any suspicion of such imprisonment) is at least 5 years;’’.
Subsec. (a)(43)(P). Pub. L. 104–208, § 322(a)(2)(A), which
directed amendment of subpar. (P) by striking out ‘‘imposed (regardless of any suspension of imprisonment)’’,
was executed by striking out ‘‘imposed (regardless of
any suspension of such imprisonment)’’ after ‘‘term of
imprisonment’’ to reflect the probable intent of Congress.
Pub. L. 104–208, § 321(a)(9), substituted ‘‘12 months, except in the case of a first offense for which the alien
has affirmatively shown that the alien committed the
offense for the purpose of assisting, abetting, or aiding
only the alien’s spouse, child, or parent (and no other
individual) to violate a provision of this chapter’’ for
‘‘18 months’’.
Pub. L. 104–208, § 321(a)(3), which directed amendment
of subpar. (P) by substituting ‘‘at least one year’’ for
‘‘is at least 5 years’’, could not be executed because ‘‘is
at least 5 years’’ did not appear subsequent to amendments by Pub. L. 104–132, § 440(e)(4), (6). See above.
Pub. L. 104–132, § 440(e)(6), redesignated subpar. (O) as
(P). Former subpar. (P) redesignated (Q).
Pub. L. 104–132, § 440(e)(5), substituted ‘‘5 years or
more;’’ for ‘‘15 years or more; and’’.
Subsec. (a)(43)(Q). Pub. L. 104–132, § 440(e)(6), redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). Pub. L. 104–208, § 321(a)(10), substituted ‘‘for which the term of imprisonment is at
least one year’’ for ‘‘for which a sentence of 5 years’ imprisonment or more may be imposed’’.
Pub. L. 104–132, § 440(e)(8), added subpar. (R).
Subsec. (a)(43)(S). Pub. L. 104–208, § 321(a)(11), substituted ‘‘for which the term of imprisonment is at
least one year’’ for ‘‘for which a sentence of 5 years’ imprisonment or more may be imposed’’.
Pub. L. 104–132, § 440(e)(8), added subpar. (S).
Subsec. (a)(43)(T). Pub. L. 104–132, § 440(e)(8), added
subpar. (T).
Subsec. (a)(43)(U). Pub. L. 104–132, § 440(e)(6), redesignated subpar. (Q) as (U).
Subsec. (a)(47). Pub. L. 104–132, § 440(b), added par. (47).
Subsec. (a)(48). Pub. L. 104–208, § 322(a)(1), added par.
(48).
Subsec. (a)(49). Pub. L. 104–208, § 361(a), added par. (49).
Subsec. (b)(4). Pub. L. 104–208, § 371(a), amended par.
(4) generally. Prior to amendment, par. (4) read as follows: ‘‘The term ‘special inquiry officer’ means any immigration officer who the Attorney General deems spe-

Page 32

cially qualified to conduct specified classes of proceedings, in whole or in part, required by this chapter to be
conducted by or before a special inquiry officer and who
is designated and selected by the Attorney General, individually or by regulation, to conduct such proceedings. Such special inquiry officer shall be subject to
such supervision and shall perform such duties, not inconsistent with this chapter, as the Attorney General
shall prescribe.’’
Subsec. (c)(1). Pub. L. 104–208, § 671(e)(2), substituted
‘‘and 1432’’ for ‘‘, 1432, and 1433’’.
Subsec. (f)(3). Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmissible’’ for ‘‘excludable’’.
Subsec. (g). Pub. L. 104–208, § 308(e)(3), substituted
‘‘deported or removed’’ for ‘‘deported’’ in two places.
1995—Subsec. (b)(1)(A). Pub. L. 104–51, § 1(1)(A), substituted ‘‘child born in wedlock’’ for ‘‘legitimate
child’’.
Subsec. (b)(1)(D). Pub. L. 104–51, § 1(1)(B), substituted
‘‘a child born out of wedlock’’ for ‘‘an illegitimate
child’’.
Subsec. (b)(2). Pub. L. 104–51, § 1(2) substituted ‘‘a
child born out of wedlock’’ for ‘‘an illegitimate child’’.
1994—Subsec. (a)(1). Pub. L. 103–236 substituted ‘‘official designated by the Secretary of State pursuant to
section 1104(b) of this title’’ for ‘‘Assistant Secretary of
State for Consular Affairs’’.
Subsec. (a)(15)(S). Pub. L. 103–322 added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103–416, § 214,
substituted ‘‘1997,’’ for ‘‘1994,’’.
Subsec. (a)(27)(D). Pub. L. 103–416, § 201, inserted ‘‘or
of the American Institute in Taiwan,’’ after ‘‘Government abroad,’’ and ‘‘(or, in the case of the American Institute in Taiwan, the Director thereof)’’ after ‘‘Service
establishment’’.
Subsec. (a)(27)(F)(ii). Pub. L. 103–337 inserted ‘‘or continues to be employed by the United States Government in an area of the former Canal Zone’’ after ‘‘employment’’.
Subsec. (a)(27)(I)(iii)(II). Pub. L. 103–416, § 202, added
subcl. (II) and struck out former subcl. (II) which read
as follows: ‘‘files a petition for status under this subparagraph before January 1, 1993, and no later than six
months after the date of such retirement or six months
after October 24, 1988, whichever is later; or’’.
Subsec. (a)(27)(J)(i). Pub. L. 103–416, § 219(a), substituted ‘‘or whom such a court has legally committed
to, or placed under the custody of, an agency or department of a State and who has’’ for ‘‘and has’’ before
‘‘been deemed’’.
Subsec. (a)(43). Pub. L. 103–416, § 222(a), amended par.
(43) generally. Prior to amendment, par. (43) read as
follows: ‘‘The term ‘aggravated felony’ means murder,
any illicit trafficking in any controlled substance (as
defined in section 802 of title 21), including any drug
trafficking crime as defined in section 924(c)(2) of title
18, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, any
offense described in section 1956 of title 18 (relating to
laundering of monetary instruments), or any crime of
violence (as defined in section 16 of title 18, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of
such imprisonment) is at least 5 years, or any attempt
or conspiracy to commit any such act. Such term applies to offenses described in the previous sentence
whether in violation of Federal or State law and also
applies to offenses described in the previous sentence in
violation of foreign law for which the term of imprisonment was completed within the previous 15 years.’’
1991—Subsec. (a)(15)(D)(i). Pub. L. 102–232, § 309(b)(1),
inserted a comma after ‘‘States)’’.
Subsec. (a)(15)(H)(i)(b). Pub. L. 102–232, § 303(a)(7)(A),
struck out ‘‘, and had approved by,’’ after ‘‘has filed
with’’.
Pub. L. 102–232, § 303(a)(5)(A), inserted ‘‘subject to section 1182(j)(2) of this title,’’ after ‘‘or (b)’’.
Pub. L. 102–232, § 207(b), inserted ‘‘or as a fashion
model’’ after ‘‘section 1184(i)(1) of this title’’ and ‘‘or, in
the case of a fashion model, is of distinguished merit
and ability’’ after ‘‘section 1184(i)(2) of this title’’.

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(15)(O)(i). Pub. L. 102–232, § 205(b), struck
out before semicolon at end ‘‘, but only if the Attorney
General determines that the alien’s entry into the
United States will substantially benefit prospectively
the United States’’.
Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102–232, § 205(c),
substituted ‘‘significant production (including pre- and
post-production work)’’ for ‘‘significant principal photography’’.
Subsec. (a)(15)(P)(i). Pub. L. 102–232, § 203(a), amended
cl. (i) generally. Prior to amendment, cl. (i) read as follows:
‘‘(I) performs as an athlete, individually or as part of
a group or team, at an internationally recognized level
of performance, or performs as part of an entertainment group that has been recognized internationally as
being outstanding in the discipline for a sustained and
substantial period of time and has had a sustained and
substantial relationship with that group over a period
of at least 1 year and provides functions integral to the
performance of the group, and
‘‘(II) seeks to enter the United States temporarily
and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic
competition or performance;’’.
Subsec. (a)(15)(P)(ii)(II). Pub. L. 102–232, § 206(b), (c)(1),
inserted ‘‘or organizations’’ after ‘‘and an organization’’ and struck out before semicolon at end
‘‘, between the United States and the foreign states involved’’.
Subsec. (a)(15)(P)(iii)(II). Pub. L. 102–232, § 206(d), substituted ‘‘to perform, teach, or coach’’ for ‘‘for the purpose of performing’’ and inserted ‘‘commercial or noncommercial’’ before ‘‘program’’.
Subsec. (a)(15)(Q). Pub. L. 102–232, § 303(a)(14), substituted ‘‘approved’’ for ‘‘designated’’.
Subsec. (a)(24). Pub. L. 102–232, § 305(m)(1), struck out
par. (24) which defined ‘‘naturalization court’’.
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102–232,
§ 302(e)(8)(A), substituted ‘‘files a petition for status’’
for ‘‘applies for a visa or adjustment of status’’.
Subsec. (a)(27)(K). Pub. L. 102–110 added subpar. (K).
Subsec. (a)(43). Pub. L. 102–232, § 306(a)(1), struck out
comma before period at end of first sentence.
Subsec. (a)(46). Pub. L. 102–232, § 205(a), added par. (46).
Subsec. (c)(1). Pub. L. 102–232, § 309(b)(4), struck out
reference to section 1434.
1990—Subsec. (a)(15)(D)(i). Pub. L. 101–649, § 203(c),
substituted ‘‘a capacity’’ for ‘‘any capacity’’ and inserted ‘‘, as defined in section 1288(a) of this title’’ after
‘‘on board a vessel’’.
Subsec. (a)(15)(E)(i). Pub. L. 101–649, § 204(a), inserted
‘‘, including trade in services or trade in technology’’
after ‘‘substantial trade’’.
Subsec. (a)(15)(H). Pub. L. 101–649, § 205(e)(1), struck
out ‘‘having a residence in a foreign country which he
has no intention of abandoning’’ after ‘‘an alien’’.
Subsec. (a)(15)(H)(i)(a). Pub. L. 101–649, § 162(f)(2)(A),
substituted ‘‘for each facility (which facility shall include the petitioner and each worksite, other than a
private household worksite, if the worksite is not the
alien’s employer or controlled by the employer) for
which the alien will perform the services, or’’ for ‘‘for
the facility for which the alien will perform the services, or’’.
Subsec. (a)(15)(H)(i)(b). Pub. L. 101–649, § 205(c)(1), substituted ‘‘who is coming temporarily to the United
States to perform services (other than services described in subclause (a) during the period in which such
subclause applies and other than services described in
subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this
title, who meets the requirements for the occupation
specified in section 1184(i)(2) of this title, and with respect to whom the Secretary of Labor determines and
certifies to the Attorney General that the intending
employer has filed with, and had approved by, the Secretary an application under section 1182(n)(1) of this
title’’ for ‘‘who is of distinguished merit and ability
and who is coming temporarily to the United States to

§ 1101

perform services (other than services as a registered
nurse) of an exceptional nature requiring such merit
and ability, and who, in the case of a graduate of a
medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or both, at or for such institution or agency’’.
Subsec. (a)(15)(H)(ii). Pub. L. 101–649, § 205(e)(2), (3),
substituted ‘‘(a) having a residence in a foreign country
which he has no intention of abandoning who is coming
temporarily to the United States’’ for ‘‘who is coming
temporarily to the United States (a)’’, and in subcl. (b)
inserted ‘‘having a residence in a foreign country which
he has no intention of abandoning who is coming temporarily to the United States’’ after ‘‘(b)’’.
Subsec. (a)(15)(H)(iii). Pub. L. 101–649, § 205(e)(4), inserted ‘‘having a residence in a foreign country which
he has no intention of abandoning’’ after ‘‘(iii)’’.
Pub. L. 101–649, § 205(d), inserted ‘‘, in a training program that is not designed primarily to provide productive employment’’ before semicolon at end.
Subsec. (a)(15)(L). Pub. L. 101–649, § 206(c), substituted
‘‘within 3 years preceding’’ for ‘‘immediately preceding’’.
Subsec. (a)(15)(O), (P). Pub. L. 101–649, § 207(a), added
subpars. (O) and (P).
Subsec. (a)(15)(Q). Pub. L. 101–649, § 208, added subpar.
(Q).
Subsec. (a)(15)(R). Pub. L. 101–649, § 209(a), added subpar. (R).
Subsec. (a)(27)(C). Pub. L. 101–649, § 151(a), amended
subpar. (C) generally. Prior to amendment, subpar. (C)
read as follows: ‘‘(i) an immigrant who continuously for
at least two years immediately preceding the time of
his application for admission to the United States has
been, and who seeks to enter the United States solely
for the purpose of carrying on the vocation of minister
of a religious denomination, and whose services are
needed by such religious denomination having a bona
fide organization in the United States; and (ii) the
spouse or the child of any such immigrant, if accompanying or following to join him;’’.
Subsec. (a)(27)(J). Pub. L. 101–649, § 153(a), added subpar. (J).
Subsec. (a)(36). Pub. L. 101–649, § 407(a)(2), struck out
‘‘(except as used in section 1421(a) of this title)’’ after
‘‘includes’’.
Subsec. (a)(43). Pub. L. 101–649, § 501(a)(6), inserted
‘‘and also applies to offenses described in the previous
sentence in violation of foreign law for which the term
of imprisonment was completed within the previous 15
years’’ after ‘‘Federal or State law’’.
Pub. L. 101–649, § 501(a)(5), inserted at end ‘‘Such term
applies to offenses described in the previous sentence
whether in violation of Federal or State law.’’
Pub. L. 101–649, § 501(a)(4), struck out ‘‘committed
within the United States’’ after ‘‘to commit any such
act,’’.
Pub. L. 101–649, § 501(a)(3), inserted ‘‘any offense described in section 1956 of title 18 (relating to laundering
of monetary instruments), or any crime of violence (as
defined in section 16 of title 18, not including a purely
political offense) for which the term of imprisonment
imposed (regardless of any suspension of such imprisonment) is at least 5 years,’’ after ‘‘section 921 of such
title,’’.
Pub. L. 101–649, § 501(a)(2), inserted ‘‘any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including’’ after ‘‘murder,’’.
Pub. L. 101–649, § 501(a)(1), aligned margin of par. (43).
Subsec. (a)(44). Pub. L. 101–649, § 123, added par. (44).
Subsec. (a)(45). Pub. L. 101–649, § 204(c), added par. (45).
Subsec. (f)(3). Pub. L. 101–649, § 603(a)(1)(A), substituted ‘‘paragraphs (2)(D), (6)(E), and (9)(A)’’ for
‘‘paragraphs (11), (12), and (31)’’.
Pub. L. 101–649, § 603(a)(1)(B), substituted ‘‘subparagraphs (A) and (B) of section 1182(a)(2) of this title and
subparagraph (C) thereof’’ for ‘‘paragraphs (9) and (10)
of section 1182(a) of this title and paragraph (23)’’.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

Subsec. (f)(8). Pub. L. 101–649, § 509(a), substituted ‘‘an
aggravated felony (as defined in subsection (a)(43) of
this section)’’ for ‘‘the crime of murder’’.
Subsec. (h). Pub. L. 101–649, § 603(a)(1)(C), substituted
‘‘1182(a)(2)(E) of this title’’ for ‘‘1182(a)(34) of this title’’.
Pub. L. 101–246 added subsec. (h).
1989—Subsec. (a)(15)(H)(i). Pub. L. 101–238 added subcl.
(a), designated existing provisions as subcl. (b), and inserted ‘‘(other than services as a registered nurse)’’
after ‘‘to perform services’’.
Subsec. (b)(2). Pub. L. 101–162 inserted before period
at end ‘‘, except that, for purposes of paragraph (1)(F)
(other than the second proviso therein) in the case of
an illegitimate child described in paragraph (1)(D) (and
not described in paragraph (1)(C)), the term ‘parent’
does not include the natural father of the child if the
father has disappeared or abandoned or deserted the
child or if the father has in writing irrevocably released
the child for emigration and adoption’’.
1988—Subsec. (a)(15)(J). Pub. L. 100–525, § 9(a)(1), substituted ‘‘Director of the United States Information
Agency’’ for ‘‘Secretary of State’’.
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100–525,
§ 2(o)(1), substituted ‘‘October 24, 1988’’ for ‘‘November 6,
1986’’ and ‘‘applies for a visa or adjustment of status’’
for ‘‘applies for admission’’.
Subsec. (a)(38). Pub. L. 100–525, § 9(a)(2), struck out
‘‘For the purpose of issuing certificates of citizenship
to persons who are citizens of the United States, the
term ‘United States’ as used in section 1452 of this title
includes the Canal Zone.’’
Subsec. (a)(43). Pub. L. 100–690 added par. (43).
Subsec. (b)(2). Pub. L. 100–459, temporarily inserted
before period at end ‘‘, except that, for purposes of
paragraph (1)(F) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term ‘parent’ does not include the
natural father of the child if the father has disappeared
or abandoned or deserted the child or if the father has
in writing irrevocably released the child for emigration
and adoption’’. See Effective and Termination Dates of
1988 Amendments note below.
Subsec. (c)(1). Pub. L. 100–525, § 8(b), repealed Pub. L.
99–653, § 3. See 1986 Amendment note below.
Subsec. (d). Pub. L. 100–525, § 9(a)(3), struck out subsec. (d) defining ‘‘veteran’’, ‘‘Spanish-American War’’,
‘‘World War I’’, ‘‘World War II’’, and ‘‘Korean hostilities’’ as those terms were used in part III of subchapter III of this chapter.
1986—Subsec. (a)(15)(D). Pub. L. 99–505 designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H). Pub. L. 99–603, § 301(a), designated
existing provisions of cl. (ii) as subcl. (b) and added
subcl. (a) relating to persons performing agricultural
labor or services as defined by the Secretary of Labor
in regulations and including agricultural labor as defined in section 3121(g) of title 26 and agriculture as defined in section 203(f) of title 29 of a temporary or seasonal nature.
Subsec. (a)(15)(N). Pub. L. 99–603, § 312(b), added subpar. (N).
Subsec. (a)(27)(I). Pub. L. 99–603, § 312(a), added subpar. (I).
Subsec. (b)(1)(D). Pub. L. 99–603, § 315(a), inserted ‘‘or
to its natural father if the father has or had a bona fide
parent-child relationship with the person’’.
Subsec. (b)(1)(E). Pub. L. 99–653, § 2, struck out
‘‘thereafter’’ after ‘‘the child has’’.
Subsec. (c)(1). Pub. L. 99–653, § 3, which struck out
par. (1) defining ‘‘child’’, was repealed by Pub. L.
100–525, § 8(b), and such par. (1) was revived as of Nov.
14, 1986, see Repeal and Revival note below.
1984—Subsec. (a)(9). Priv. L. 98–47 struck out provisions which directed that in Canal Zone and outlying
possessions of the United States ‘‘consular officer’’
meant an officer designated by the Governor of the
Canal Zone, or the governors of the outlying possessions for purposes of issuing immigrant or nonimmigrant visas under this chapter.
1981—Subsec. (a)(15)(F). Pub. L. 97–116, §§ 2(a)(1),
18(a)(1), substituted in cl. (i) ‘‘college, university, semi-

Page 34

nary, conservatory, academic high school, elementary
school, or other academic institution or in a language
training program’’ for ‘‘institution of learning or other
recognized place of study’’, and ‘‘Secretary of Education’’ for ‘‘Office of Education of the United States’’.
Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97–116,
§ 18(a)(2), substituted a semicolon for a period at end of
subpars. (H), (J), (K), and (L) and inserted ‘‘or’’ at end
of subpar. (L).
Subsec. (a)(15)(M). Pub. L. 97–116, § 2(a)(2), added subpar. (M).
Subsec. (a)(27)(H). Pub. L. 97–116, § 5(d)(1), added subpar. (H).
Subsec. (a)(33). Pub. L. 97–116, § 18(a)(3), struck out
provision that residence be considered continuous for
the purposes of sections 1482 and 1484 of this title where
there is a continuity of stay but not necessarily an uninterrupted physical presence in a foreign state or
states or outside the United States.
Subsec. (b)(1)(A), (B). Pub. L. 97–116, § 18(a)(5)(A),
struck out ‘‘or’’ at the end.
Subsec. (b)(1)(C). Pub. L. 97–116, § 18(a)(5)(B), substituted a semicolon for the period at end.
Subsec. (b)(1)(E). Pub. L. 97–116, §§ 2(b), 18(a)(5)(C),
substituted ‘‘sixteen’’ for ‘‘fourteen’’, and ‘‘; or’’ for the
period at the end.
Subsec. (b)(1)(F). Pub. L. 97–116, § 2(b), substituted
‘‘sixteen’’ for ‘‘fourteen’’.
Subsec. (f). Pub. L. 97–116, § 2(c), struck out par. (2)
which provided that a person not be considered a person of good moral character if within the period for
which good moral character is required to be established the person commits adultery, and substituted in
par. (3) ‘‘paragraphs (9) and (10) of section 1182(a) of this
title and paragraph (23) of such section (except as such
paragraph relates to a single offense of simple possession of 30 grams or less of marihuana)’’ for ‘‘paragraphs
(9), (10), and (23) of section 1182(a) of this title’’.
1980—Subsec. (a)(42). Pub. L. 96–212 added par. (42).
1979—Subsec. (a)(27)(E) to (G). Pub. L. 96–70 added
subpars. (E) to (G).
1977—Subsec. (a)(1). Pub. L. 95–105 substituted ‘‘Assistant Secretary of State for Consular Affairs’’ for
‘‘administrator of the Bureau of Security and Consular
Affairs of the Department of State’’.
Subsec. (a)(41). Pub. L. 95–83 inserted ‘‘a’’ after ‘‘graduates of’’ and ‘‘, other than such aliens who are of national or international renown in the field of medicine’’
after ‘‘in a foreign state’’.
1976—Subsec. (a)(15)(H)(i). Pub. L. 94–484, § 601(b)(1),
inserted ‘‘, and who, in the case of a graduate of a medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or both, at or for such institution or agency’’.
Subsec. (a)(15)(H)(ii). Pub. L. 94–484, § 601(b)(2), inserted ‘‘, but this clause shall not apply to graduates of
medical schools coming to the United States to perform services as members of the medical profession’’.
Subsec. (a)(15)(H)(iii). Pub. L. 94–484, § 601(b)(3), inserted ‘‘, other than to receive graduate medical education or training’’.
Subsec. (a)(15)(J). Pub. L. 94–484, § 601(b)(4), inserted
‘‘and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title’’.
Subsec. (a)(27). Pub. L. 94–571 struck out subpar. (A)
provision defining term ‘‘special immigrant’’ to include
an immigrant born in any independent foreign country
of the Western Hemisphere or in the Canal Zone and
the spouse and children of any such immigrant, if accompanying, or following to join him and restricting
issuance of an immigrant visa until consular officer
was in receipt of a determination made by the Secretary of Labor pursuant to former provisions of section 1182(a)(14) of this title; and redesignated as subpars. (A) to (D) former subpars. (B) to (E).

Page 35

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(41). Pub. L. 94–484, § 601(e), added par. (41).
1975—Subsec. (b)(1)(F). Pub. L. 94–155 provided for
adoption of alien children under the age of fourteen by
unmarried United States citizens who are at least
twenty-five years of age and inserted requirement that
before adoption the Attorney General be satisfied that
proper care will be provided the child after admission.
1970—Subsec. (a)(15)(H). Pub. L. 91–225, § 1(a), provided
for nonimmigrant alien status for alien spouse and
minor children of any alien specified in par. (H) if accompanying him or following to join him and struck
out ‘‘temporary’’, ‘‘other’’, and ‘‘industrial’’ before
‘‘services’’, ‘‘temporary services’’, and ‘‘trainee’’ in cls.
(i) to (iii), respectively.
Subsec. (a)(15)(K), (L). Pub. L. 91–225, § 1(b), added subpars. (K) and (L).
1966—Subsec. (a)(38). Pub. L. 89–710 inserted sentence
providing that term ‘‘United States’’ as used in section
1452 of this title, for the purpose of issuing certificates
of citizenship to persons who are citizens of the United
States, shall include the Canal Zone.
1965—Subsec. (a)(27). Pub. L. 89–236, § 8(a), substituted
‘‘special immigrant’’ for ‘‘nonquota immigrant’’ as
term being defined.
Subsec. (a)(32). Pub. L. 89–236, § 8(b), substituted term
‘‘profession’’ and its definition for term ‘‘quota immigrant’’ and its definition.
Subsec. (b)(1)(F). Pub. L. 89–236, § 8(c), expanded definition to include a child, under the age of 14 at the
time a petition is filed in his behalf to accord a classification as an immediate relative or who is an orphan
because of the death or disappearance of, abandonment
or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care which will be provided the child if admitted to the United States and
who has in writing irrevocably released the child for
emigration and adoption, and made minor amendments
in the existing definition.
Subsec. (b)(6). Pub. L. 89–236, § 24, struck out par. (6)
which defined term ‘‘eligible orphan’’.
1961—Subsec. (a)(15). Pub. L. 87–256 included the alien
spouse and minor children of any such alien if accompanying him or following to join him in subpar. (F),
and added subpar. (J).
Subsec. (b)(1)(F). Pub. L. 87–301, § 2, added subpar. (F).
Subsec. (b)(6). Pub. L. 87–301, § 1, added par. (6).
Subsec. (d)(1). Pub. L. 87–301, § 7(a), inserted ‘‘or from
June 25, 1950, to July 1, 1955,’’.
Subsec. (d)(2). Pub. L. 87–301, § 7(b), inserted definition
of ‘‘Korean hostilities’’.
1959—Subsec. (a)(36). Pub. L. 86–3 struck out reference
to Hawaii.
1958—Subsec. (a)(36). Pub. L. 85–508 struck out reference to Alaska.
1957—Subsec. (b)(1). Pub. L. 85–316 inserted ‘‘whether
or not born out of wedlock’’ in subpar. (B), and added
subpars. (D) and (E).
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–306, § 1(b), Dec. 14, 2010, 124 Stat. 3280, provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by subsection (a) [amending this
section] shall—
‘‘(A) take effect on the date that is 180 days after
the date of the enactment of this Act [Dec. 14, 2010];
and
‘‘(B) apply with respect to applications for a nonimmigrant visa under section 101(a)(15)(F)(i) of the
Immigration
and
Nationality
Act
(8
U.S.C.
1101(a)(15)(F)(i)) that are filed on or after the effective
date described in subparagraph (A).
‘‘(2) TEMPORARY EXCEPTION.—
GENERAL.—Notwithstanding
section
‘‘(A)
IN
101(a)(15)(F)(i) of the Immigration and Nationality
Act, as amended by subsection (a), during the 3-year
period beginning on the date of the enactment of this
Act, an alien seeking to enter the United States to
pursue a course of study at a language training pro-

§ 1101

gram that has been certified by the Secretary of
Homeland Security and has not been accredited or denied accreditation by an entity described in section
101(a)(52) of such Act [8 U.S.C. 1101(a)(52)] may be
granted a nonimmigrant visa under such section
101(a)(15)(F)(i).
‘‘(B) ADDITIONAL REQUIREMENT.—An alien may not
be granted a nonimmigrant visa under subparagraph
(A) if the sponsoring institution of the language
training program to which the alien seeks to enroll
does not—
‘‘(i) submit an application for the accreditation of
such program to a regional or national accrediting
agency recognized by the Secretary of Education
within 1 year after the date of the enactment of
this Act; and
‘‘(ii) comply with the applicable accrediting requirements of such agency.’’
Pub. L. 111–287, § 4, Nov. 30, 2010, 124 Stat. 3059, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this Act [amending this
section and section 1182 of this title] shall take effect
on the date of the enactment of this Act [Nov. 30, 2010].
‘‘(b) EXCEPTION.—An alien who is described in section
101(b)(1)(G)(iii) of the Immigration and Nationality Act
[8 U.S.C. 1101(b)(1)(G)(iii)], as added by section 3, and
attained 18 years of age on or after April 1, 2008, shall
be deemed to meet the age requirement specified in
subclause (III) of such section if a petition for classification of the alien as an immediate relative under
section 201(b) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)) is filed not later than 2 years after the
date of the enactment of this Act.’’
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–457, title II, § 201(f), Dec. 23, 2008, 122 Stat.
5054, provided that: ‘‘The amendments made by this
section [amending this section and sections 1184 and
1255 of this title] shall—
‘‘(1) take effect on the date of enactment of the Act
[Dec. 23, 2008]; and
‘‘(2) apply to applications for immigration benefits
filed on or after such date.’’
Pub. L. 110–391, § 2(d), Oct. 10, 2008, 122 Stat. 4193, provided that: ‘‘The amendments made by subsection (a)
[amending this section] shall take effect on the date
that the Secretary of Homeland Security submits the
certification described in subsection (b)(2) [set out as a
note below] stating that the final regulations required
by subsection (b)(1) [set out as a note below] have been
issued and are in effect [Notice that the regulations
have been issued and are in effect Nov. 26, 2008, was
published in the Federal Register, Nov. 26, 2008. See 73
F.R. 72298.].’’
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. 109–162, title VIII, § 822(c)(2), Jan. 5, 2006, 119
Stat. 3063, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall be effective
as if included in section 603(a)(1) of the Immigration
Act of 1990 (Public Law 101–649; 104 Stat. 5082).’’
EFFECTIVE AND TERMINATION DATES OF 2003
AMENDMENTS
Pub. L. 108–99, § 2, Oct. 15, 2003, 117 Stat. 1176, provided
that: ‘‘The amendment made by section 1 [amending
this section] shall take effect on October 1, 2003.’’
Amendment by Pub. L. 108–77 effective on the date
the United States-Chile Free Trade Agreement enters
into force (Jan. 1, 2004), and ceases to be effective on
the date the Agreement ceases to be in force, see section 107 of Pub. L. 108–77, set out in a note under section 3805 of Title 19, Customs Duties.

§ 1101

TITLE 8—ALIENS AND NATIONALITY
EFFECTIVE DATE OF 2000 AMENDMENTS

Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(e)], Dec. 21,
2000, 114 Stat. 2762, 2762A–144, provided that: ‘‘The
amendments made by this section [amending this section and sections 1184 and 1255 of this title] shall take
effect on the date of the enactment of this Act [Dec. 21,
2000] and shall apply to an alien who is the beneficiary
of a classification petition filed under section 204 of the
Immigration and Nationality Act [8 U.S.C. 1154] on or
before the date of the enactment of this Act.’’
Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(d)], Dec. 21,
2000, 114 Stat. 2762, 2762A–146, provided that: ‘‘The
amendments made by this section [amending this section and sections 1184, 1186a, and 1255 of this title] shall
take effect on the date of the enactment of this Act
[Dec. 21, 2000] and shall apply to an alien who is the
beneficiary of a classification petition filed under section 204 of the Immigration and Nationality Act [8
U.S.C. 1154] before, on, or after the date of the enactment of this Act.’’
Pub. L. 106–409, § 2(b), Nov. 1, 2000, 114 Stat. 1787, provided that: ‘‘The amendment made by subsection (a)
[amending this section] shall take effect on October 1,
2000.’’
Pub. L. 106–395, title II, § 201(a)(2), Oct. 30, 2000, 114
Stat. 1633, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall be effective
as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104–208; 110 Stat. 3009–546) and shall apply
to individuals having an application for a benefit under
the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.] pending on or after September 30, 1996.’’
Amendment by Pub. L. 106–279 effective Apr. 1, 2008,
see section 505(a)(2), (b) of Pub. L. 106–279, set out as an
Effective Dates; Transition Rule note under section
14901 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106–95 applicable to classification petitions filed for nonimmigrant status only beginning on the date that interim or final regulations
are first promulgated and ending on the date 3 years
after Dec. 20, 2006, see section 2(e) of Pub. L. 106–95, as
amended, set out as a note under section 1182 of this
title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 2(e)(2) of Pub. L. 105–319 effective Oct. 1, 2008, see section 2(e)(2) of Pub. L. 105–319,
formerly set out in an Irish Peace Process Cultural and
Training Program note below.
EFFECTIVE DATE OF 1997 AMENDMENTS
Pub. L. 105–139, § 1(f), Dec. 2, 1997, 111 Stat. 2645, provided that: ‘‘The amendments made by this section
[amending provisions set out as notes under this section and sections 1151, 1153, and 1255 of this title]—
‘‘(1) shall take effect upon the enactment of the
Nicaraguan Adjustment and Central American Relief
Act [title II of Pub. L. 105–100, approved Nov. 19, 1997]
(as contained in the District of Columbia Appropriations Act, 1998); and
‘‘(2) shall be effective as if included in the enactment of such Act.’’
Section 1(b) of Pub. L. 105–54 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of
this Act [Oct. 6, 1997].’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Pub. L. 104–208, div. C, title I, § 104(b), Sept. 30, 1996,
110 Stat. 3009–556, as amended by Pub. L. 105–277, div. A,
§ 101(b) [title IV, § 410(c)], Oct. 21, 1998, 112 Stat. 2681–50,
2681–104; Pub. L. 107–173, title VI, § 601, May 14, 2002, 116
Stat. 564, provided that:
‘‘(1) CLAUSE A.—Clause (A) of the sentence added by
the amendment made by subsection (a) [amending this

Page 36

section] shall apply to documents issued on or after 18
months after the date of the enactment of this Act
[Sept. 30, 1996].
‘‘(2) CLAUSE B.—Clause (B) of such sentence shall
apply to cards presented on or after 6 years after the
date of the enactment of this Act.’’
Section 309 of title III of div. C of Pub. L. 104–208, as
amended by Pub. L. 104–302, § 2(2), (3), Oct. 11, 1996, 110
Stat. 3657; Pub. L. 105–100, title II, §§ 203(a)–(c), 204(d),
Nov. 19, 1997, 111 Stat. 2196–2199, 2201; Pub. L. 105–139,
§ 1(c), Dec. 2, 1997, 111 Stat. 2644; Pub. L. 106–386, div. B,
title V, §§ 1506(b)(3), 1510(b), Oct. 28, 2000, 114 Stat. 1527,
1531; Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(c)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–327, provided that:
‘‘(a) IN GENERAL.—Except as provided in this section
and sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of
this division [amending sections 1225, 1227, and 1251 of
this title, enacting provisions set out as notes under
sections 1225, 1226, 1227, and 1252 of this title, and repealing provisions set out as a note under section 1225
of this title], this subtitle [subtitle A (§§ 301–309) of title
III of div. C of Pub. L. 104–208, see Tables for classification] and the amendments made by this subtitle shall
take effect on the first day of the first month beginning
more than 180 days after the date of the enactment of
this Act [Sept. 30, 1996] (in this title [see Tables for
classification] referred to as the ‘title III–A effective
date’).
‘‘(b) PROMULGATION OF REGULATIONS.—The Attorney
General shall first promulgate regulations to carry out
this subtitle by not later than 30 days before the title
III–A effective date.
‘‘(c) TRANSITION FOR CERTAIN ALIENS.—
‘‘(1) GENERAL RULE THAT NEW RULES DO NOT APPLY.—
Subject to the succeeding provisions of this subsection, in the case of an alien who is in exclusion or
deportation proceedings before the title III–A effective date—
‘‘(A) the amendments made by this subtitle shall
not apply, and
‘‘(B) the proceedings (including judicial review
thereof) shall continue to be conducted without regard to such amendments.
‘‘(2) ATTORNEY GENERAL OPTION TO ELECT TO APPLY
NEW PROCEDURES.—In a case described in paragraph
(1) in which an evidentiary hearing under section 236
or 242 and 242B of the Immigration and Nationality
Act [8 U.S.C. 1226, 1252, former 1252b] has not commenced as of the title III–A effective date, the Attorney General may elect to proceed under chapter 4 of
title II of such Act [8 U.S.C. 1221 et seq.] (as amended
by this subtitle). The Attorney General shall provide
notice of such election to the alien involved not later
than 30 days before the date any evidentiary hearing
is commenced. If the Attorney General makes such
election, the notice of hearing provided to the alien
under section 235 or 242(a) of such Act [8 U.S.C. 1225,
1252(a)] shall be valid as if provided under section 239
of such Act [8 U.S.C. 1229] (as amended by this subtitle) to confer jurisdiction on the immigration
judge.
‘‘(3) ATTORNEY GENERAL OPTION TO TERMINATE AND
REINITIATE PROCEEDINGS.—In the case described in
paragraph (1), the Attorney General may elect to terminate proceedings in which there has not been a
final administrative decision and to reinitiate proceedings under chapter 4 of title II [of] the Immigration and Nationality Act [8 U.S.C. 1221 et seq.] (as
amended by this subtitle). Any determination in the
terminated proceeding shall not be binding in the reinitiated proceeding.
‘‘(4) TRANSITIONAL CHANGES IN JUDICIAL REVIEW.—In
the case in which a final order of exclusion or deportation is entered more than 30 days after the date of
the enactment of this Act [Sept. 30, 1996], notwithstanding any provision of section 106 of the Immigration and Nationality Act [former 8 U.S.C. 1105a] (as in
effect as of the date of the enactment of this Act) to
the contrary—
‘‘(A) in the case of judicial review of a final order
of exclusion, subsection (b) of such section shall not

Page 37

TITLE 8—ALIENS AND NATIONALITY

apply and the action for judicial review shall be
governed by the provisions of subsections (a) and (c)
of such [section] in the same manner as they apply
to judicial review of orders of deportation;
‘‘(B) a court may not order the taking of additional evidence under section 2347(c) of title 28,
United States Code;
‘‘(C) the petition for judicial review must be filed
not later than 30 days after the date of the final
order of exclusion or deportation;
‘‘(D) the petition for review shall be filed with the
court of appeals for the judicial circuit in which the
administrative proceedings before the special inquiry officer or immigration judge were completed;
‘‘(E) there shall be no appeal of any discretionary
decision under section 212(c), 212(h), 212(i), 244, or
245 of the Immigration and Nationality Act [8
U.S.C. former 1182(c), 1182(h), (i), former 1254, 1255]
(as in effect as of the date of the enactment of this
Act [Sept. 30, 1996]);
‘‘(F) service of the petition for review shall not
stay the deportation of an alien pending the court’s
decision on the petition, unless the court orders
otherwise; and
‘‘(G) there shall be no appeal permitted in the
case of an alien who is inadmissible or deportable
by reason of having committed a criminal offense
covered
in
section
212(a)(2)
or
section
241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration
and Nationality Act [8 U.S.C. 1182(a)(2), former
1251(a)(2)(A)(iii), (B), (C), (D)] (as in effect as of the
date of the enactment of this Act), or any offense
covered by section 241(a)(2)(A)(ii) of such Act (as in
effect on such date) for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 241(a)(2)(A)(i) of
such Act (as so in effect).
‘‘(5) TRANSITIONAL RULES WITH REGARD TO SUSPENSION OF DEPORTATION.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B)
and (C), paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act [8 U.S.C.
1229b(d)(1), (2)] (relating to continuous residence or
physical presence) shall apply to orders to show
cause (including those referred to in section
242B(a)(1) of the Immigration and Nationality Act
[former 8 U.S.C. 1252b(a)(1)], as in effect before the
title III–A effective date), issued before, on, or after
the date of the enactment of this Act [Sept. 30,
1996].
‘‘(B) EXCEPTION FOR CERTAIN ORDERS.—In any case
in which the Attorney General elects to terminate
and reinitiate proceedings in accordance with paragraph (3) of this subsection, paragraphs (1) and (2)
of section 240A(d) of the Immigration and Nationality Act [8 U.S.C. 1229b(d)(1), (2)] shall not apply to
an order to show cause issued before April 1, 1997.
‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED
TEMPORARY PROTECTION FROM DEPORTATION AND FOR
BATTERED SPOUSES AND CHILDREN.—
‘‘(i) IN GENERAL.—For purposes of calculating

the period of continuous physical presence under
section 244(a) of the Immigration and Nationality
Act [former 8 U.S.C. 1254(a)] (as in effect before
the title III–A effective date) or section 240A of
such Act [8 U.S.C. 1229b] (as in effect after the
title III–A effective date), subparagraph (A) of
this paragraph and paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality
Act shall not apply in the case of an alien, regardless of whether the alien is in exclusion or deportation proceedings before the title III–A effective
date, who has not been convicted at any time of
an aggravated felony (as defined in section 101(a)
of the Immigration and Nationality Act [8 U.S.C.
1101(a)]) and—
‘‘(I) was not apprehended after December 19,
1990, at the time of entry, and is—
‘‘(aa) a Salvadoran national who first entered the United States on or before Septem-

§ 1101

ber 19, 1990, and who registered for benefits
pursuant to the settlement agreement in
American Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991)
on or before October 31, 1991, or applied for
temporary protected status on or before October 31, 1991; or
‘‘(bb) a Guatemalan national who first entered the United States on or before October
1, 1990, and who registered for benefits pursuant to such settlement agreement on or before December 31, 1991;
‘‘(II) is a Guatemalan or Salvadoran national
who filed an application for asylum with the
Immigration and Naturalization Service on or
before April 1, 1990;
‘‘(III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)]) of an individual, at
the time a decision is rendered to suspend the
deportation, or cancel the removal, of such individual, if the individual has been determined to
be described in this clause (excluding this subclause and subclause (IV));
‘‘(IV) is the unmarried son or daughter of an
alien parent, at the time a decision is rendered
to suspend the deportation, or cancel the removal, of such alien parent, if—
‘‘(aa) the alien parent has been determined
to be described in this clause (excluding this
subclause and subclause (III)); and
‘‘(bb) in the case of a son or daughter who is
21 years of age or older at the time such decision is rendered, the son or daughter entered
the United States on or before October 1, 1990;
‘‘(V) is an alien who entered the United States
on or before December 31, 1990, who filed an application for asylum on or before December 31,
1991, and who, at the time of filing such application, was a national of the Soviet Union, Russia, any republic of the former Soviet Union,
Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania,
East Germany, Yugoslavia, or any state of the
former Yugoslavia; or
‘‘(VI) is an alien who was issued an order to
show cause or was in deportation proceedings
before April 1, 1997, and who applied for suspension of deportation under section 244(a)(3) of the
Immigration and Nationality Act [former 8
U.S.C. 1254(a)(3)] (as in effect before the date of
the enactment of this Act [Sept. 30, 1996]); or
‘‘(VII)(aa) was the spouse or child of an alien
described in subclause (I), (II), or (V)—
‘‘(AA) at the time at which a decision is
rendered to suspend the deportation or cancel
the removal of the alien;
‘‘(BB) at the time at which the alien filed an
application for suspension of deportation or
cancellation of removal; or
‘‘(CC) at the time at which the alien registered for benefits under the settlement
agreement in American Baptist Churches, et.
al. v. Thornburgh (ABC), applied for temporary protected status, or applied for asylum; and
‘‘(bb) the spouse, child, or child of the spouse
has been battered or subjected to extreme cruelty by the alien described in subclause (I), (II),
or (V).
‘‘(ii) LIMITATION ON JUDICIAL REVIEW.—A determination by the Attorney General as to whether
an alien satisfies the requirements of clause (i) is
final and shall not be subject to review by any
court. Nothing in the preceding sentence shall be
construed as limiting the application of section
242(a)(2)(B) of the Immigration and Nationality
Act [8 U.S.C. 1252(a)(2)(B)] (as in effect after the
title III–A effective date) to other eligibility determinations pertaining to discretionary relief

§ 1101

TITLE 8—ALIENS AND NATIONALITY

under this Act [probably should be ‘‘division’’, see
Short Title of 1996 Amendment note below].
‘‘(iii) CONSIDERATION OF PETITIONS.—In acting on
a petition filed under subclause (VII) of clause (i)
the provisions set forth in section 204(a)(1)(H)
[probably means section 204(a)(1)(H) of the Immigration and Nationality Act, which is classified
to section 1154(a)(1)(H) of this title] shall apply.
‘‘(iv) RESIDENCE WITH SPOUSE OR PARENT NOT REQUIRED.—For purposes of the application of clause
(i)(VII), a spouse or child shall not be required to
demonstrate that he or she is residing with the
spouse or parent in the United States.
‘‘(6) TRANSITION FOR CERTAIN FAMILY UNITY
ALIENS.—The Attorney General may waive the application of section 212(a)(9) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(9)], as inserted by section 301(b)(1) of this division, in the case of an alien
who is provided benefits under the provisions of section 301 of the Immigration Act of 1990 [Pub. L.
101–649, set out as a note under section 1255a of this
title] (relating to family unity).
‘‘(7) LIMITATION ON SUSPENSION OF DEPORTATION.—
After April 1, 1997, the Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act
[former 8 U.S.C. 1254] (as in effect before the title
III–A effective date) of any alien in any fiscal year,
except in accordance with section 240A(e) of such Act
[8 U.S.C. 1229b(e)]. The previous sentence shall apply
regardless of when an alien applied for such suspension and adjustment.
‘‘(d) TRANSITIONAL REFERENCES.—For purposes of carrying out the Immigration and Nationality Act [8
U.S.C. 1101 et seq.], as amended by this subtitle—
‘‘(1) any reference in section 212(a)(1)(A) of such Act
[8 U.S.C. 1182(a)(1)(A)] to the term ‘inadmissible’ is
deemed to include a reference to the term ‘excludable’, and
‘‘(2) any reference in law to an order of removal
shall be deemed to include a reference to an order of
exclusion and deportation or an order of deportation.
‘‘(e) TRANSITION.—No period of time before the date of
the enactment of this Act [Sept. 30, 1996] shall be included in the period of 1 year described in section
212(a)(6)(B)(i) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(6)(B)(i)] (as amended by section 301(c)
of this division).
‘‘(f) SPECIAL RULE FOR CANCELLATION OF REMOVAL.—
‘‘(1) IN GENERAL.—Subject to the provisions of the
Immigration and Nationality Act [8 U.S.C. 1101 et
seq.] (as in effect after the title III–A effective date),
other than subsections (b)(1), (d)(1), and (e) of section
240A of such Act [8 U.S.C. 1229b(b)(1), (d)(1), (e)] (but
including section 242(a)(2)(B) of such Act [8 U.S.C.
1252(a)(2)(B)]), the Attorney General may, under section 240A of such Act, cancel removal of, and adjust
to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States, if the alien applies
for such relief, the alien is described in subsection
(c)(5)(C)(i) of this section, and—
‘‘(A) the alien—
‘‘(i) is not inadmissible or deportable under
paragraph (2) or (3) of section 212(a) or paragraph
(2), (3), or (4) of section 237(a) of the Immigration
and Nationality Act [8 U.S.C. 1182(a)(2), (3),
1227(a)(3), (4)] and is not an alien described in section 241(b)(3)(B)(i) of such Act [8 U.S.C.
1231(b)(3)(B)(i)];
‘‘(ii) has been physically present in the United
States for a continuous period of not less than 7
years immediately preceding the date of such application;
‘‘(iii) has been a person of good moral character
during such period; and
‘‘(iv) establishes that removal would result in
extreme hardship to the alien or to the alien’s
spouse, parent, or child, who is a citizen of the
United States or an alien lawfully admitted for
permanent residence; or

Page 38

‘‘(B) the alien—
‘‘(i) is inadmissible or deportable under section
212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or
237(a)(3) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(2), 1227(a)(2), (3)];
‘‘(ii) is not an alien described in section
241(b)(3)(B)(i) or 101(a)(43) of such Act [8 U.S.C.
1231(b)(3)(B)(i), 1101(a)(43)];
‘‘(iii) has been physically present in the United
States for a continuous period of not less than 10
years immediately following the commission of
an act, or the assumption of a status, constituting a ground for removal;
‘‘(iv) has been a person of good moral character
during such period; and
‘‘(v) establishes that removal would result in
exceptional and extremely unusual hardship to
the alien or to the alien’s spouse, parent, or child,
who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
‘‘(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE.—
Section 240A(d)(2) [8 U.S.C. 1229b(d)(2)] shall apply for
purposes of calculating any period of continuous
physical presence under this subsection, except that
the reference to subsection (b)(1) in such section shall
be considered to be a reference to paragraph (1) of
this section.
‘‘(g) MOTIONS TO REOPEN DEPORTATION OR REMOVAL
PROCEEDINGS.—Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an
alien’s conviction of an aggravated felony (as defined in
section 101(a) of the Immigration and Nationality Act
[8 U.S.C. 1101(a)])), any alien who has become eligible
for cancellation of removal or suspension of deportation as a result of the amendments made by section 203
of the Nicaraguan Adjustment and Central American
Relief Act [Pub. L. 105–100, amending this note] may
file one motion to reopen removal or deportation proceedings to apply for cancellation of removal or suspension of deportation. The Attorney General shall designate a specific time period in which all such motions
to reopen are required to be filed. The period shall
begin not later than 60 days after the date of the enactment of the Nicaraguan Adjustment and Central American Relief Act [Nov. 19, 1997] and shall extend for a period not to exceed 240 days.
‘‘(h) RELIEF AND MOTIONS TO REOPEN.—
‘‘(1) RELIEF.—An alien described in subsection
(c)(5)(C)(i) who is otherwise eligible for—
‘‘(A) suspension of deportation pursuant to section 244(a) of the Immigration and Nationality Act
[8 U.S.C. 1254a(a)], as in effect before the title III–A
effective date; or
‘‘(B) cancellation of removal, pursuant to section
240A(b) of the Immigration and Nationality Act [8
U.S.C. 1229b(b)] and subsection (f) of this section;
shall not be barred from applying for such relief by
operation of section 241(a)(5) of the Immigration and
Nationality Act [8 U.S.C. 1231(a)(5)], as in effect after
the title III–A effective date.
‘‘(2) ADDITIONAL MOTION TO REOPEN PERMITTED.—
Notwithstanding any limitation imposed by law on
motions to reopen removal or deportation proceedings (except limitations premised on an alien’s conviction of an aggravated felony (as defined by section
101(a) of the Immigration and Nationality Act [8
U.S.C. 1101(a)])), any alien who is described in subsection (c)(5)(C)(i) and who has become eligible for
cancellation of removal or suspension of deportation
as a result of the enactment of paragraph (1) may file
one motion to reopen removal or deportation proceedings in order to apply for cancellation of removal
or suspension of deportation. The scope of any proceeding reopened on this basis shall be limited to a
determination of the alien’s eligibility for cancellation of removal or suspension of deportation. The Attorney General shall designate a specific time period
in which all such motions to reopen are required to
be filed. The period shall begin not later than 60 days

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TITLE 8—ALIENS AND NATIONALITY

after the date of the enactment of this subsection
[Dec. 21, 2000] and shall extend for a period not to exceed 240 days.
‘‘(3) CONSTRUCTION.—Nothing in this subsection
shall preclude an alien from filing a motion to reopen
pursuant to section 240(b)(5)(C)(ii) of the Immigration
and Nationality Act [8 U.S.C. 1229a(b)(5)(C)(ii)], or
section 242B(c)(3)(B) of such Act [8 U.S.C.
1252b(c)(3)(B)] (as in effect before the title III–A effective date).’’
[Pub. L. 106–386, div. B, title V, § 1506(b)(4), Oct. 28,
2000, 114 Stat. 1528, provided that: ‘‘The amendments
made by paragraph (3) [amending section 309 of Pub. L.
104–208, div. C, set out above] shall take effect as if included in the enactment of section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 [Pub. L. 104–208] (8 U.S.C. 1101 note).’’]
[Pub. L. 106–386, div. B, § 1510(c), Oct. 28, 2000, 114 Stat.
1532, provided that: ‘‘The amendments made by subsections (a) [amending section 202 of Pub. L. 105–100, set
out as a note under section 1255 of this title] and (b)
[amending section 309 of Pub. L. 104–208, div. C, set out
above] shall be effective as if included in the Nicaraguan Adjustment and Central American Relief Act (8
U.S.C. 1255 note; Public Law 105–100, as amended).’’]
[Section 203(f) of Pub. L. 105–100 provided that: ‘‘The
amendments made by this section to the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 [amending section 309 of Pub. L. 104–208, div. C, set
out above] shall take effect as if included in the enactment of such Act.’’]
[Section 2 of Pub. L. 104–302 provided that the amendment made by that section to section 309 of Pub. L.
104–208, set out above, is effective Sept. 30, 1996.]
Section 321(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this section [amending this section] shall apply to actions taken on or
after the date of the enactment of this Act [Sept. 30,
1996], regardless of when the conviction occurred, and
shall apply under section 276(b) of the Immigration and
Nationality Act [8 U.S.C. 1326(b)] only to violations of
section 276(a) of such Act occurring on or after such
date.’’
Section 322(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending this section and section 1182 of this title]
shall apply to convictions and sentences entered before,
on, or after the date of the enactment of this Act [Sept.
30, 1996]. Subparagraphs (B) and (C) of section 240(c)(3)
of the Immigration and Nationality Act [8 U.S.C.
1229a(c)(3)(B), (C)], as inserted by section 304(a)(3) of
this division, shall apply to proving such convictions.’’
Section 361(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 30, 1996].’’
Section 371(d)(1) of div. C of Pub. L. 104–208 provided
that: ‘‘Subsections (a) and (b) [amending this section
and sections 1105a, 1159, 1224, 1225, 1226, 1252, 1252b, 1323,
and 1362 of this title] shall take effect on the date of
the enactment of this Act [Sept. 30, 1996].’’
Section 591 of title V of div. C of Pub. L. 104–208 provided that: ‘‘Except as provided in this title [enacting
sections 1369 to 1371 and 1623 and 1624 of this title,
amending sections 1182, 1183, 1183a, 1612, 1631, 1632, 1641,
and 1642 of this title, section 506 of Title 18, Crimes and
Criminal Procedure, section 1091 of Title 20, Education,
and sections 402, 1320b–7, and 1436a of Title 42, The Public Health and Welfare, enacting provisions set out as
notes under this section, sections 1182, 1183a, 1611, 1612,
and 1621 of this title, and sections 402 and 1436a of Title
42, and repealing provisions set out as a note under section 1183a of this title], this title and the amendments
made by this title shall take effect on the date of the
enactment of this Act [Sept. 30, 1996].’’
Section 625(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending this section and section 1184 of this title]
shall apply to individuals who obtain the status of a
nonimmigrant under section 101(a)(15)(F) of the Immi-

§ 1101

gration and Nationality Act [8 U.S.C. 1101(a)(15)(F)]
after the end of the 60-day period beginning on the date
of the enactment of this Act [Sept. 30, 1996], including
aliens whose status as such a nonimmigrant is extended after the end of such period.’’
Section 671(a)(7) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this subsection
[amending this section, sections 1184, 1251, 1255, 1258,
and 1324 of this title, and provisions set out as a note
under section 1252 of this title] shall be effective as if
included in the enactment of the VCCLEA [Pub. L.
103–322].’’
Section 671(b)(14) of div. C of Pub. L. 104–208 provided
that: ‘‘Except as otherwise provided in this subsection
[amending this section and sections 1252a, 1255b, 1323,
1356, and 1483 of this title, enacting provisions set out
as notes under sections 1161 and 1433 of this title, and
amending provisions set out as notes under this section
and sections 1255a, 1323, and 1401 of this title], the
amendments made by this subsection shall take effect
as if included in the enactment of INTCA [Pub. L.
103–416].’’
Section 440(f) of Pub. L. 104–132 provided that: ‘‘The
amendments made by subsection (e) [amending this
section] shall apply to convictions entered on or after
the date of the enactment of this Act [Apr. 24, 1996], except that the amendment made by subsection (e)(3)
[amending this section] shall take effect as if included
in the enactment of section 222 of the Immigration and
Nationality Technical Corrections Act of 1994 [Pub. L.
103–416].’’
EFFECTIVE DATE OF 1994 AMENDMENTS
Section 219(dd) of Pub. L. 103–416 provided that: ‘‘Except as otherwise specifically provided in this section,
the amendments made by this section [amending this
section and sections 1151, 1153, 1154, 1160, 1182, 1188, 1251,
1252, 1252b, 1254a, 1255, 1255a, 1256, 1288, 1302, 1322, 1323,
1324a, 1324b, 1324c, 1330, 1356, 1421, 1424, 1444, 1449, and
1522 of this title, repealing section 1161 of this title,
amending provisions set out as notes under this section
and sections 1182, 1254a, 1255, 1255a, and 1356 of this
title, and repealing provisions set out as a note under
section 1288 of this title] shall be effective as if included in the enactment of the Immigration Act of 1990
[Pub. L. 101–649].’’
Section 222(b) of Pub. L. 103–416 provided that: ‘‘The
amendments made by this section [amending this section] shall apply to convictions entered on or after the
date of enactment of this Act [Oct. 25, 1994].’’
Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of
State when executive orders, regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out
as a note under section 2651a of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1991 AMENDMENTS
Section 208 of title II of Pub. L. 102–232 provided that:
‘‘The provisions of, and amendments made by, this title
[amending this section and section 1184 of this title and
enacting provisions set out as notes under this section
and section 1184 of this title] shall take effect on April
1, 1992.’’
Section 302(e)(8) of Pub. L. 102–232 provided that the
amendments made by that section [amending this section and sections 1186a and 1201 of this title] are effective as if included in section 162(e) of the Immigration
Act of 1990, Pub. L. 101–649.
Section 305(m) of Pub. L. 102–232 provided that the
amendments made by that section [amending this section and sections 1423, 1433, 1441, 1443, 1445, and 1452 of
this title] are effective as if included in section 407(d)
of the Immigration Act of 1990, Pub. L. 101–649.
Section 310 of Pub. L. 102–232, as amended by Pub. L.
103–416, title II, § 219(z)(9), Oct. 25, 1994, 108 Stat. 4318,

§ 1101

TITLE 8—ALIENS AND NATIONALITY

provided that: ‘‘Except as otherwise specifically provided, the amendments made by (and provisions of)—
‘‘(1) sections 302 through 308 [amending this section,
sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182,
1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252,
1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323,
1324a to 1324c, 1325, 1357, 1421, 1423, 1433, 1439 to 1441,
1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and
section 3753 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this
section and sections 1151, 1157, 1160, 1182, 1251, 1252,
1254a, and 1255 of this title, and amending provisions
set out as notes under this section and sections 1105a,
1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of
this title] shall take effect as if included in the enactment of the Immigration Act of 1990 [Pub. L. 101–649],
and
‘‘(2) section 309(b) [amending this section and sections 1154, 1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424,
and 1455 of this title and enacting provisions set out
as a note under this section] shall take effect on the
date of the enactment of this Act [Dec. 12, 1991].’’
Section 2(d) of Pub. L. 102–110 provided that: ‘‘This
section [amending this section and sections 1153 and
1255 of this title] shall take effect 60 days after the date
of the enactment of this Act [Oct. 1, 1991].’’
EFFECTIVE DATE OF 1990 AMENDMENT
Section 161 of title I of Pub. L. 101–649, as amended by
Pub. L. 102–110, § 4, Oct. 1, 1991, 105 Stat. 557; Pub. L.
102–232, title III, § 302(e)(1), (2), Dec. 12, 1991, 105 Stat.
1745; Pub. L. 103–416, title II, §§ 218, 219(aa), Oct. 25, 1994,
108 Stat. 4316, 4319; Pub. L. 104–208, div. C, title VI,
§ 671(f), Sept. 30, 1996, 110 Stat. 3009–724, provided that:
‘‘(a) IN GENERAL.—Except as otherwise provided in
this title, this title and the amendments made by this
title [enacting section 1186b of this title, amending this
section, sections 1103, 1151 to 1154, 1157, 1159, 1182, 1251,
1254, 1255, and 1325 of this title, section 3304 of Title 26,
Internal Revenue Code, and section 1382c of Title 42,
The Public Health and Welfare, enacting provisions set
out as notes under this section and sections 1152, 1153,
1159, 1182, 1201, and 1251 of this title, and amending provisions set out as notes under section 1255 of this title]
shall take effect on October 1, 1991, and apply beginning
with fiscal year 1992.
‘‘(b) PROVISIONS TAKING EFFECT UPON ENACTMENT.—
The following sections (and amendments made by such
sections) shall take effect on the date of the enactment
of this Act [Nov. 29, 1990] and (unless otherwise provided) apply to fiscal year 1991:
‘‘(1) Section 103 [enacting provisions set out as a
note under section 1152 of this title] (relating to per
country limitation for Hong Kong).
‘‘(2) Section 104 [amending sections 1157 and 1159 of
this title and enacting provisions set out as notes
under section 1159 of this title] (relating to asylee adjustments).
‘‘(3) Section 124 [enacting provisions set out as a
note under section 1153 of this title] (relating to transition for employees of certain U.S. businesses in
Hong Kong).
‘‘(4) Section 133 [enacting provisions set out as a
note under section 1153 of this title] (relating to oneyear diversity transition for aliens who have been notified of availability of NP–5 visas).
‘‘(5) Section 134 [enacting provisions set out as a
note under section 1153 of this title] (relating to transition for displaced Tibetans).
‘‘(6) Section 153 [amending this section and section
1251 of this title and enacting provisions set out as a
note under section 1251 of this title] (relating to special immigrants who are dependent on a juvenile
court).
‘‘(7) Section 154 [enacting provisions set out as a
note under section 1201 of this title] (permitting extension of validity of visas for certain residents of
Hong Kong).
‘‘(8) Section 155 [enacting provisions set out as a
note under section 1153 of this title] (relating to expe-

Page 40

dited issuance of Lebanese second and fifth preference visas).
‘‘(9) Section 162(b) [amending section 1154 of this
title] (relating to immigrant visa petitioning process), but only insofar as such section relates to visas
for fiscal years beginning with fiscal year 1992.
‘‘(c) GENERAL TRANSITIONS.—
‘‘(1) In the case of a petition filed under section
204(a) of the Immigration and Nationality Act [8
U.S.C. 1154(a)] before October 1, 1991, for preference
status under section 203(a)(3) or section 203(a)(6) of
such Act [8 U.S.C. 1153(a)(3), (6)] (as in effect before
such date)—
‘‘(A) in order to maintain the priority date with
respect to such a petition, the petitioner must file
(by not later than October 1, 1993) a new petition for
classification of the employment under paragraph
(1), (2), or (3) of section 203(b) of such Act (as
amended by this title), and
‘‘(B) any labor certification under section
212(a)(5)(A) of such Act required with respect to the
new petition shall be deemed approved if the labor
certification with respect to the previous petition
was previously approved under section 212(a)(14) of
such Act.
In the case of a petition filed under section 204(a) of
such Act before October 1, 1991, but which is not described in paragraph (4), and for which a filing fee was
paid, any additional filing fee shall not exceed onehalf of the fee for the filing of the new petition referred to in subparagraph (A).
‘‘(2) Any petition filed under section 204(a) of the
Immigration and Nationality Act before October 1,
1991, for preference status under section 203(a)(4) or
section 203(a)(5) of such Act (as in effect before such
date) shall be deemed, as of such date, to be a petition filed under such section for preference status
under section 203(a)(3) or section 203(a)(4), respectively, of such Act (as amended by this title).
‘‘(3) In the case of an alien who is described in section 203(a)(8) of the Immigration and Nationality Act
(as in effect before October 1, 1991) as the spouse or
child of an alien admitted for permanent residence as
a preference immigrant under section 203(a)(3) or
203(a)(6) of such Act (as in effect before such date) and
who would be entitled to enter the United States
under such section 203(a)(8) but for the amendments
made by this title [see subsec. (a) above], such an
alien shall be deemed to be described in section 203(d)
of such Act as the spouse or child of an alien described in section 203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act with the same priority date as
that of the principal alien.
‘‘(4)(A) Subject to subparagraph (B), any petition
filed before October 1, 1991, and approved on any date,
to accord status under section 203(a)(3) or 203(a)(6) of
the Immigration and Nationality Act (as in effect before such date) shall be deemed, on and after October
1, 1991 (or, if later, the date of such approval), to be
a petition approved to accord status under section
203(b)(2) or under the appropriate classification under
section 203(b)(3), respectively, of such Act (as in effect on and after such date). Nothing in this subparagraph shall be construed as exempting the beneficiaries of such petitions from the numerical limitations under section 203(b)(2) or 203(b)(3) of such Act.
‘‘(B) Subparagraph (A) shall not apply more than
two years after the date the priority date for issuance
of a visa on the basis of such a petition has been
reached.
‘‘(d) ADMISSIBILITY STANDARDS.—When an immigrant,
in possession of an unexpired immigrant visa issued before October 1, 1991, makes application for admission,
the immigrant’s admissibility under paragraph (7)(A) of
section 212(a) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(7)(A)] shall be determined under the
provisions of law in effect on the date of the issuance
of such visa.
‘‘(e) CONSTRUCTION.—Nothing in this title [see subsec.
(a) above] shall be construed as affecting the provisions

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TITLE 8—ALIENS AND NATIONALITY

of section 19 of Public Law 97–116 [8 U.S.C. 1151 note],
section 2(c)(1) of Public Law 97–271 [8 U.S.C. 1255 note],
or section 202(e) of Public Law 99–603 [8 U.S.C. 1255a
note].’’
[Section 219(aa) of Pub. L. 103–416 provided that the
amendment made by that section to section 161(c)(3) of
Pub. L. 101–649, set out above, is effective as if included
in section 4 of Pub. L. 102–110, see below.]
[Section 4 of Pub. L. 102–110 provided that the amendment made by that section, adding pars. (3) and (4) to
section 161(c) of Pub. L. 101–649, set out above, is effective as if included in the Immigration Act of 1990, Pub.
L. 101–649.]
Section 162(f)(3) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this subsection [amending this
section, section 1182 of this title, and provisions set out
as a note under section 1255 of this title] shall apply as
though included in the enactment of the Immigration
Nursing Relief Act of 1989 [Pub. L. 101–238].’’
Section 203(d) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this section [enacting section
1288 of this title and amending this section and section
1281 of this title] shall apply to services performed on
or after 180 days after the date of the enactment of this
Act [Nov. 29, 1990].’’
Section 231 of title II of Pub. L. 101–649 provided that:
‘‘Except as otherwise provided in this title, this title,
and the amendments made by this title [enacting section 1288 of this title, amending this section and sections 1182, 1184, 1187, 1281, and 1323 of this title, and enacting provisions set out as notes under this section
and sections 1182, 1184, 1187, and 1288 of this title], shall
take effect on October 1, 1991, except that sections 222
and 223 [enacting provisions set out as notes under this
section] shall take effect on the date of the enactment
of this Act [Nov. 29, 1990].’’
Amendment by section 407(a)(2) of Pub. L. 101–649 effective Nov. 29, 1990, with general savings provisions,
see section 408(a)(3), (d) of Pub. L. 101–649, set out as an
Effective Date of 1990 Amendment; Savings Provisions
note under section 1421 of this title.
Section 501(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to offenses committed on or after
the date of the enactment of this Act [Nov. 29, 1990], except that the amendments made by paragraphs (2) and
(5) of subsection (a) shall be effective as if included in
the enactment of section 7342 of the Anti-Drug Abuse
Act of 1988 [Pub. L. 100–690].’’
Section 509(b) of Pub. L. 101–649, as amended by Pub.
L. 102–232, title III, § 306(a)(7), Dec. 12, 1991, 105 Stat.
1751, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on
the date of the enactment of this Act [Nov. 29, 1990] and
shall apply to convictions occurring on or after such
date, except with respect to conviction for murder
which shall be considered a bar to good moral character
regardless of the date of the conviction.’’
Section 601(e) of Pub. L. 101–649 provided that:
‘‘(1) Except as provided in paragraph (2), the amendments made by this section [amending section 1182 of
this title] and by section 603(a) of this Act [amending
this section and sections 1102, 1153, 1157, 1159, 1160, 1161,
1181, 1183, 1201, 1224, 1225, 1226, 1254a, 1255a, 1259, 1322,
and 1327 of this title, repealing section 2691 of Title 22,
Foreign Relations and Intercourse, amending provisions set out as notes under this section and sections
1255 and 1255a of this title, and repealing provisions set
out as notes under section 1182 of this title] shall apply
to individuals entering the United States on or after
June 1, 1991.
‘‘(2) The amendments made by paragraphs (5) and (13)
of section 603(a) [amending sections 1160 and 1255a of
this title] shall apply to applications for adjustment of
status made on or after June 1, 1991.’’
EFFECTIVE DATE OF 1989 AMENDMENTS
Amendment by Pub. L. 101–238 applicable to classification petitions filed for nonimmigrant status only
during the 5-year period beginning on the first day of

§ 1101

the 9th month beginning after Dec. 18, 1989, see section
3(d) of Pub. L. 101–238, set out as a note under section
1182 of this title.
Section 611(b) of Pub. L. 101–162 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on October 1, 1989, upon the expiration of the similar amendment made by section 210(a)
of the Department of Justice Appropriations Act, 1989
(title II of Public Law 100–459, 102 Stat. 2203).’’
EFFECTIVE AND TERMINATION DATES OF 1988
AMENDMENTS
Section 2(s) of Pub. L. 100–525 provided that: ‘‘The
amendments made by this section [amending this section, sections 1160, 1161, 1184, 1186, 1187, 1188, 1251, 1254,
1255, 1255a, 1259, 1324, 1324a, 1324b, and 1357 of this title,
section 1546 of Title 18, Crimes and Criminal Procedure,
and section 1091 of Title 20, Education, amending provisions set out as notes under this section and sections
1188 and 1255a of this title and section 1802 of Title 29,
Labor, and repealing provisions set out as a note under
section 1255a of this title] shall be effective as if they
were included in the enactment of the Immigration Reform and Control Act of 1986 [Pub. L. 99–603].’’
Section 309(b)(15) of Pub. L. 102–232 provided that:
‘‘The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 [Pub. L. 100–525,
amending this section, sections 1152, 1182, 1201 to 1202,
1301, 1302, 1304, 1356, 1409, 1431 to 1433, 1452, 1481, and 1483
of this title, and section 4195 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as
notes under this section, sections 1153, 1201, 1401, 1409,
1451, and 1481 of this title, and section 4195 of Title 22,
and amending provisions set out as notes under this
section and section 1153 of this title] shall be effective
as if included in the enactment of the Immigration and
Nationality Act Amendments of 1986 (Public Law
99–653).’’
Section 210(b) of Pub. L. 100–459 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment
of section 315 of the Immigration Reform and Control
Act of 1986 [Pub. L. 99–603] and shall expire on October
1, 1989.’’
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 23(a) of Pub. L. 99–653, as added by Pub. L.
100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2618, provided that:
‘‘The amendments made by sections 2, 4, and 7 [amending this section and sections 1152, 1182, 1228, 1251, and
1356 of this title] apply to visas issued, and admissions
occurring, on or after November 14, 1986.’’
Amendment by section 301(a) 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.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 21 of Pub. L. 97–116 provided that:
‘‘(a) Except as provided in subsection (b) and in section 5(c) [set out as a note under section 1182 of this
title], the amendments made by this Act [see Short
Title of 1981 Amendment note below] shall take effect
on the date of the enactment of this Act [Dec. 29, 1981].
‘‘(b)(1) The amendments made by section 2(a) [amending this section] shall apply on and after the first day
of the sixth month beginning after the date of the enactment of this Act [Dec. 29, 1981].
‘‘(2) The amendment made by section 16 [amending
section 1455 of this title] shall apply to fiscal years beginning on or after October 1, 1981.’’
EFFECTIVE DATE OF 1980 AMENDMENT
Section 204(a)–(c) of title II of Pub. L. 96–212 provided
that:
‘‘(a) Except as provided in subsections (b) and (c), this
title and the amendments made by this title [enacting

§ 1101

TITLE 8—ALIENS AND NATIONALITY

sections 1157, 1158, and 1159 of this title, amending this
section and sections 1151 to 1153, 1181, 1182, 1253, and
1254 of this title, enacting provisions set out as notes
under sections 1153, 1157, 1158, 1182, and 1521 of this
title, and amending provisions set out as a note under
sections 1182 and 1255 of this title] shall take effect on
the date of the enactment of this Act [Mar. 17, 1980],
and shall apply to fiscal years beginning with the fiscal
year beginning October 1, 1979.
‘‘(b)(1)(A) Section 207(c) of the Immigration and Nationality Act (as added by section 201(b) of this Act)
[section 1157(c) of this title] and the amendments made
by subsections (b), (c), and (d) of section 203 of this Act
[amending sections 1152, 1153, 1182, and 1254 of this title]
shall take effect on April 1, 1980.
‘‘(B) The amendments made by section 203(f) [amending section 1182 of this title] shall apply to aliens paroled into the United States on or after the sixtieth
day after the date of the enactment of this Act [Mar.
17, 1980].
‘‘(C) The amendments made by section 203(i) [amending section 1153 of this title and provisions set out as
notes under section 1255 of this title] shall take effect
immediately before April 1, 1980.
‘‘(2) Notwithstanding sections 207(a) and 209(b) of the
Immigration and Nationality Act (as added by section
201(b) of this Act) [sections 1157(a) and 1159(b) of this
title], the fifty thousand and five thousand numerical
limitations specified in such respective sections shall,
for fiscal year 1980, be equal to 25,000 and 2,500, respectively.
‘‘(3) Notwithstanding any other provision of law, for
fiscal year 1980—
‘‘(A) the fiscal year numerical limitation specified
in section 201(a) of the Immigration and Nationality
Act [section 1151(a) of this title] shall be equal to
280,000, and
‘‘(B) for the purpose of determining the number of
immigrant visa and adjustments of status which may
be made available under sections 203(a)(2) and
202(e)(2) of such Act [sections 1153(a)(2) and 1152(e)(2)
of this title], the granting of a conditional entry or
adjustment of status under section 203(a)(7) or
202(e)(7) of such Act after September 30, 1979, and before April 1, 1980, shall be considered to be the granting of an immigrant visa under section 203(a)(2) or
202(e)(2), respectively, of such Act during such period.
‘‘(c)(1) The repeal of subsections (g) and (h) of section
203 of the Immigration and Nationality Act, made by
section 203(c)(8) of this title [section 1153(g) and (h) of
this title], shall not apply with respect to any individual who before April 1, 1980, was granted a conditional
entry under section 203(a)(7) of the Immigration and
Nationality Act (and under section 202(e)(7) of such Act
[section 1152(e)(7) of this title], if applicable), as in effect immediately before such date, and it shall not
apply to any alien paroled into the United States before April 1, 1980, who is eligible for the benefits of section 5 of Public Law 95–412 [set out as a note under section 1182 of this title].
‘‘(2) An alien who, before April 1, 1980, established a
date of registration at an immigration office in a foreign country on the basis of entitlement to a conditional entrant status under section 203(a)(7) of the Immigration and Nationality Act (as in effect before such
date) [section 1153(a)(7) of this title], shall be deemed to
be entitled to refugee status under section 207 of such
Act (as added by section 201(b) of this title) [section
1157 of this title] and shall be accorded the date of registration previously established by that alien. Nothing
in this paragraph shall be construed to preclude the acquisition by such an alien of a preference status under
section 203(a) of such Act.
‘‘(3) The provisions of paragraphs (14), (15), (20), (21),
(25), and (32) if section 212(a) of the Immigration and
Nationality Act [former section 1182(a)(14), (15), (20),
(21), (25), and (32) of this title] shall not be applicable
to any alien who has entered the United States before
April 1, 1980, pursuant to section 203(a)(7) of such Act
[section 1153(a)(7) of this title] or who has been paroled

Page 42

as a refugee into the United States under section
212(d)(5) of such Act, and who is seeking adjustment of
status, and the Attorney General may waive any other
provision of section 212(a) of such Act (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with
respect to such an alien for humanitarian purposes, to
assure family unity, or when it is otherwise in the public interest.’’
EFFECTIVE DATE OF 1979 AMENDMENT
Section 3201(d)(1) of Pub. L. 96–70 provided that: ‘‘The
amendments made by this section [amending this section and section 1182 of this title] shall take effect on
the date of the enactment of this Act [Sept. 27, 1979].’’
EFFECTIVE DATE OF 1977 AMENDMENT
Section 602(d) of Pub. L. 94–484, as added by Pub. L.
95–83, title III, § 307(q)(3), Aug. 1, 1977, 91 Stat. 395, provided that: ‘‘This section [amending this section and
enacting provisions set out as a note under section 1182
of this title] and the amendment made by subsection
(c) [amending this section] are effective January 10,
1977, and the amendments made by subsections (b)(4)
and (d) of section 601 [amending this section and section 1182 of this title] shall apply only on and after January 10, 1978, notwithstanding subsection (f) of such
section [set out as an Effective Date of 1976 Amendments note under section 1182 of this title].’’
EFFECTIVE DATE OF 1976 AMENDMENTS
Section 10 of Pub. L. 94–571 provided that: ‘‘The foregoing provisions of this Act, including the amendments
made by such provisions [see Short Title of 1976
Amendment note below], shall become effective on the
first day of the first month which begins more than
sixty days after the date of enactment of this Act [Oct.
20, 1976].’’
Amendment by section 601(b)(4) of Pub. L. 94–484 applicable only on and after Jan. 10, 1978, notwithstanding
section 601(f) of Pub. L. 94–484, see section 602(d) of Pub.
L. 94–484, as added by section 307(q)(3) of Pub. L. 95–83,
set out as an Effective Date of 1977 Amendment note
above.
Amendment by Pub. L. 94–484 effective ninety days
after Oct. 12, 1976, see section 601(f) of Pub. L. 94–484, set
out as a note under section 1182 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
EFFECTIVE DATE
Section 407 of act June 27, 1952, provided that: ‘‘Except as provided in subsection (k) of section 401 [former
section 1106(k) of this title], this Act [this chapter]
shall take effect at 12:01 ante meridian United States
Eastern Standard Time on the one hundred eightieth
day immediately following the date of its enactment
[June 27, 1952].’’
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–287, § 1, Nov. 30, 2010, 124 Stat. 3058, provided that: ‘‘This Act [amending this section and section 1182 of this title and enacting provisions set out as
a note under this section] may be cited as [the] ‘International Adoption Simplification Act’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–391, § 1, Oct. 10, 2008, 122 Stat. 4193, provided that: ‘‘This Act [amending this section and enacting provisions set out as notes under this section] may
be cited as [the] ‘Special Immigrant Nonminister Religious Worker Program Act’.’’
Pub. L. 110–382, § 1, Oct. 9, 2008, 122 Stat. 4087, provided
that: ‘‘This Act [amending section 1439 of this title and
section 271 of Title 6, Domestic Security, and enacting

Page 43

TITLE 8—ALIENS AND NATIONALITY

provisions set out as notes under section 271 of Title 6]
may be cited as the ‘Military Personnel Citizenship
Processing Act’.’’
[Pub. L. 110–382, § 4, Oct. 9, 2008, 122 Stat. 4089, provided that section 1 of Pub. L. 110–382, set out as a note
above, is repealed 5 years after Oct. 9, 2008.]
Pub. L. 110–251, § 1, June 26, 2008, 122 Stat. 2319, provided that: ‘‘This Act [enacting sections 1440f and 1440g
of this title] may be cited as the ‘Kendell Frederick
Citizenship Assistance Act’.’’
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–53, title VII, § 711(a), Aug. 3, 2007, 121 Stat.
338, provided that: ‘‘This section [amending section 1187
of this title and enacting provisions set out as notes
under section 1187 of this title] may be cited as the ‘Secure Travel and Counterterrorism Partnership Act of
2007’.’’
Pub. L. 109–477, § 1, Jan. 12, 2007, 120 Stat. 3572, provided that: ‘‘This Act [enacting and amending provisions set out as notes under section 1182 of this title]
may be cited as the ‘Physicians for Underserved Areas
Act’.’’
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–463, § 1, Dec. 22, 2006, 120 Stat. 3477, provided that: ‘‘This Act [amending section 1184 of this
title] may be cited as either the ‘Creating Opportunities for Minor League Professionals, Entertainers, and
Teams through Legal Entry Act of 2006’ or the ‘COMPETE Act of 2006’.’’
Pub. L. 109–423, § 1, Dec. 20, 2006, 120 Stat. 2900, provided that: ‘‘This Act [enacting and amending provisions set out as notes under section 1182 of this title]
may be cited as the ‘Nursing Relief for Disadvantaged
Areas Reauthorization Act of 2005’.’’
Pub. L. 109–367, § 1, Oct. 26, 2006, 120 Stat. 2638, provided that: ‘‘This Act [enacting provisions set out as a
note under section 1701 of this title and amending provisions set out as a note under section 1103 of this title]
may be cited as the ‘Secure Fence Act of 2006’.’’
Pub. L. 109–162, title VIII, § 831, Jan. 5, 2006, 119 Stat.
3066, provided that: ‘‘This subtitle [subtitle D
(§§ 831–834) of title VIII of Pub. L. 109–162, enacting section 1375a of this title, amending section 1184 of this
title, repealing section 1375 of this title, and enacting
provisions set out as notes under sections 1184 and 1202
of this title] may be cited as the ‘International Marriage Broker Regulation Act of 2005’.’’
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, § 1, May 11, 2005, 119 Stat. 302,
provided that: ‘‘This division [enacting section 1778 of
this title, amending this section, sections 1157 to 1159,
1182, 1184, 1227, 1229a, 1231, 1252, and 1356 of this title,
and section 1028 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as notes under this
section, sections 1157, 1158, 1182, 1184, 1227, 1252, 1712,
and 1721 of this title, and section 30301 of Title 49,
Transportation, amending provisions set out as notes
under sections 1103, 1153, and 1184 of this title, and repealing provisions set out as a note under section 30301
of Title 49] may be cited as the ‘REAL ID Act of 2005’.’’
Pub. L. 109–13, div. B, title IV, § 401, May 11, 2005, 119
Stat. 318, provided that: ‘‘This title [amending sections
1184 and 1356 of this title and enacting and amending
provisions set out as notes under section 1184 of this
title] may be cited as the ‘Save Our Small and Seasonal
Businesses Act of 2005’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–447, div. J, title IV, § 401, Dec. 8, 2004, 118
Stat. 3351, provided that: ‘‘This title [enacting sections
1380 and 1381 of this title, amending sections 1182, 1184,
and 1356 of this title, section 2916a of Title 29, Labor,
and section 1869c of Title 42, The Public Health and
Welfare, and enacting provisions set out as notes under
this section and sections 1182 and 1184 of this title] may
be cited as the ‘L–1 Visa and H–1B Visa Reform Act’.’’

§ 1101

Pub. L. 108–447, div. J, title IV, § 411, Dec. 8, 2004, 118
Stat. 3351, 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 section 1184 of
this title, and enacting provisions set out as notes
under section 1184 of this title] may be cited as the ‘L–1
Visa (Intracompany Transferee) Reform Act of 2004’.’’
Pub. L. 108–447, div. J, title IV, § 421, Dec. 8, 2004, 118
Stat. 3353, provided that: ‘‘This subtitle [subtitle B
(§§ 421–430) of title IV of div. J of Pub. L. 108–447, enacting section 1381 of this title, amending sections 1182,
1184, and 1356 of this title, section 2916a of Title 29,
Labor, and section 1869c of Title 42, The Public Health
and Welfare, and enacting provisions set out as notes
under sections 1182 and 1184 of this title] may be cited
as the ‘H–1B Visa Reform Act of 2004’.’’
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–156, § 1, Dec. 3, 2003, 117 Stat. 1944, provided
that: ‘‘This Act [enacting provisions set out as a note
under section 1153 of this title and amending provisions
set out as notes under sections 1153, 1324a, and 1360 of
this title] may be cited as the ‘Basic Pilot Program Extension and Expansion Act of 2003’.’’
SHORT TITLE OF 2002 AMENDMENTS
Pub. L. 107–274, § 1, Nov. 2, 2002, 116 Stat. 1923, provided that: ‘‘This Act [amending this section and section 1184 of this title] may be cited as the ‘Border Commuter Student Act of 2002’.’’
Pub. L. 107–273, div. C, title I, § 11030(a), Nov. 2, 2002,
116 Stat. 1836, provided that: ‘‘This section [amending
section 1440–1 of this title] may be cited as the ‘Posthumous Citizenship Restoration Act of 2002’.’’
Pub. L. 107–258, § 1, Oct. 29, 2002, 116 Stat. 1738, provided that: ‘‘This Act [amending provisions set out as
a note under section 1157 of this title] may be cited as
the ‘Persian Gulf War POW/MIA Accountability Act of
2002’.’’
Pub. L. 107–208, § 1, Aug. 6, 2002, 116 Stat. 927, provided
that: ‘‘This Act [amending sections 1151, 1153, 1154, 1157,
and 1158 of this title and enacting provisions set out as
a note under section 1151 of this title] may be cited as
the ‘Child Status Protection Act’.’’
Pub. L. 107–150, § 1, Mar. 13, 2002, 116 Stat. 74, provided
that: ‘‘This Act [amending sections 1182 and 1183a of
this title and enacting provisions set out as a note
under section 1182 of this title] may be cited as the
‘Family Sponsor Immigration Act of 2002’.’’
Pub. L. 107–128, § 1, Jan. 16, 2002, 115 Stat. 2407, provided that: ‘‘This Act [enacting and amending provisions set out as notes under section 1324a of this title]
may be cited as the ‘Basic Pilot Extension Act of
2001’.’’
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1501], Dec.
21, 2000, 114 Stat. 2763, 2763A–324, provided that: ‘‘This
title [amending section 1255 of this title, enacting provisions set out as notes under section 1255 of this title,
and amending provisions set out as notes under this
section and section 1255 of this title] may be cited as
the ‘LIFE Act Amendments of 2000’.’’
Pub. L. 106–553, § 1(a)(2) [title XI, § 1101], Dec. 21, 2000,
114 Stat. 2762, 2762A–142, provided that: ‘‘This title
[amending this section and sections 1184, 1186a, and 1255
of this title, and enacting provisions set out as notes
under this section] may be cited as—
‘‘(1) the ‘Legal Immigration Family Equity Act’; or
‘‘(2) the ‘LIFE Act’.’’
Pub. L. 106–409, § 1, Nov. 1, 2000, 114 Stat. 1787, provided that: ‘‘This Act [amending this section and enacting provisions set out as a note under this section] may
be cited as the ‘Religious Workers Act of 2000’.’’
Pub. L. 106–406, § 1, Nov. 1, 2000, 114 Stat. 1755, provided that: ‘‘This Act [amending section 1229c of this
title] may be cited as the ‘International Patient Act of
2000’.’’
Pub. L. 106–396, § 1, Oct. 30, 2000, 114 Stat. 1637, provided that: ‘‘This Act [amending sections 1182, 1184,

§ 1101

TITLE 8—ALIENS AND NATIONALITY

1187, and 1372 of this title, enacting provisions set out
as a note under section 1187 of this title and classified
as a note under section 763 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and amending provisions
set out as a note under section 1153 of this title] may
be cited as the ‘Visa Waiver Permanent Program Act’.’’
Pub. L. 106–395, § 1, Oct. 30, 2000, 114 Stat. 1631, provided that: ‘‘This Act [amending this section, sections
1182, 1227, 1431, and 1433 of this title, and sections 611
and 1015 of Title 18, Crimes and Criminal Procedure, repealing section 1432 of this title, and enacting provisions set out as notes under this section, sections 1182,
1227, and 1431 of this title, and section 611 of Title 18]
may be cited as the ‘Child Citizenship Act of 2000’.’’
Pub. L. 106–386, div. B, title V, § 1501, Oct. 28, 2000, 114
Stat. 1518, provided that: ‘‘This title [amending this
section, sections 1151, 1154, 1182, 1184, 1227, 1229a, 1229b,
1255, 1367, 1430, and 1641 of this title, section 1152 of
Title 20, Education, and sections 3796gg, 3796hh, and
1397l of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and
sections 1229a, 1229b, and 1255 of this title, and amending provisions set out as notes under this section and
section 1255 of this title] may be cited as the ‘Battered
Immigrant Women Protection Act of 2000’.’’
Pub. L. 106–313, title I, § 101, Oct. 17, 2000, 114 Stat.
1251, provided that: ‘‘This title [amending sections 1152,
1154, 1182, 1184, and 1356 of this title, section 2916a of
Title 29, Labor, and section 1869c of Title 42, The Public
Health and Welfare, enacting provisions set out as
notes under this section, sections 1153, 1184, and 1356 of
this title, section 2701 of Title 29, and sections 1862 and
13751 of Title 42, and amending provisions set out as a
note under section 1182 of this title] may be cited as the
‘American Competitiveness in the Twenty-first Century Act of 2000’.’’
Pub. L. 106–215, § 1, June 15, 2000, 114 Stat. 337, provided that: ‘‘This Act [amending section 1365a of this
title and enacting provisions set out as a note under
section 1365a of this title] may be cited as the ‘Immigration and Naturalization Service Data Management
Improvement Act of 2000’.’’
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–95, § 1, Nov. 12, 1999, 113 Stat. 1312, provided that: ‘‘This Act [amending this section and sections 1153 and 1182 of this title, enacting provisions set
out as a note under section 1182 of this title, and
amending provisions set out as a note under this section] may be cited as the ‘Nursing Relief for Disadvantaged Areas Act of 1999’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–277, div. A, § 101(h) [title IX, § 901], Oct. 21,
1998, 112 Stat. 2681–480, 2681–538, provided that: ‘‘This
title [enacting sections 1377 and 1378 of this title and
provisions set out as a note under section 1255 of this
title] may be cited as the ‘Haitian Refugee Immigration Fairness Act of 1998’.’’
Pub. L. 105–277, div. C, title IV, § 401(a), Oct. 21, 1998,
112 Stat. 2681–641, provided that: ‘‘This title [enacting
section 1869c of Title 42, The Public Health and Welfare,
amending this section and sections 1182, 1184, and 1356
of this title, and enacting provisions set out as notes
under sections 1182 and 1184 of this title and sections
2701 and 2916 of Title 29, Labor] may be cited as the
‘American Competitiveness and Workforce Improvement Act of 1998’.’’
SHORT TITLE OF 1997 AMENDMENTS
Section 112(a) of Pub. L. 105–119 provided that: ‘‘This
section [enacting, amending, and repealing provisions
set out as notes under section 1440 of this title] may be
cited as the ‘Philippine Army, Scouts, and Guerilla
Veterans of World War II Naturalization Act of 1997’.’’
Pub. L. 105–100, title II, § 201, Nov. 19, 1997, 111 Stat.
2193, provided that: ‘‘This title [amending section 1229b
of this title, enacting provisions set out as notes under
this section and sections 1151, 1153, 1229b, and 1255 of

Page 44

this title, and amending provisions set out as a note
under this section] may be cited as the ‘Nicaraguan Adjustment and Central American Relief Act’.’’
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of div. C of Pub. L. 104–208 provided that:
‘‘This division [see Tables for classification] may be
cited as the ‘Illegal Immigration Reform and Immigrant Responsibility Act of 1996’.’’
SHORT TITLE OF 1994 AMENDMENT
Section 1 of Pub. L. 103–416 provided that: ‘‘This Act
[see Tables for classification] may be cited as the ‘Immigration and Nationality Technical Corrections Act
of 1994’.’’
SHORT TITLE OF 1991 AMENDMENTS
Section 1(a) of Pub. L. 102–232 provided that: ‘‘This
Act [amending this section, sections 1102, 1105a, 1151 to
1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221,
1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281,
1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357,
1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1452, and
1455 of this title, and section 3753 of Title 42, The Public
Health and Welfare, enacting provisions set out as
notes under this section and sections 1151, 1157, 1160,
1182, 1184, 1251, 1252, 1254a, 1255, 1356, and 1421 of this
title, and amending provisions set out as notes under
this section and sections 1105a, 1153, 1158, 1160, 1184,
1201, 1251, 1254a, 1255, and 1421 of this title] may be cited
as the ‘Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991’.’’
Section 101 of title I of Pub. L. 102–232 provided that:
‘‘This title [amending sections 1421, 1448, 1450, and 1455
of this title and enacting provisions set out as a note
under section 1421 of this title] may be cited as the ‘Judicial Naturalization Ceremonies Amendments of
1991’.’’
Section 201 of title II of Pub. L. 102–232 provided that:
‘‘This title [amending this section and section 1184 of
this title and enacting provisions set out as notes
under this section and section 1184 of this title] may be
cited as the ‘O and P Nonimmigrant Amendments of
1991’.’’
Section 301(a) of title III of Pub. L. 102–232 provided
that: ‘‘This title [amending this section, sections 1102,
1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to
1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b,
1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to
1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441,
1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and
section 3753 of Title 42, The Public Health and Welfare,
enacting provisions set out as notes under this section
and sections 1151, 1157, 1160, 1182, 1251, 1252, 1254a, 1255,
and 1356 of this title, and amending provisions set out
as notes under this section and sections 1105a, 1153,
1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this
title] may be cited as the ‘Immigration Technical Corrections Act of 1991’.’’
Section 1 of Pub. L. 102–110 provided that: ‘‘This Act
[amending this section and sections 1153, 1255, and 1524
of this title and enacting and amending provisions set
out as notes under this section] may be cited as the
‘Armed Forces Immigration Adjustment Act of 1991’.’’
SHORT TITLE OF 1990 AMENDMENTS
Section 1(a) of Pub. L. 101–649 provided that: ‘‘This
Act [see Tables for classification] may be cited as the
‘Immigration Act of 1990’.’’
Pub. L. 101–249, § 1, Mar. 6, 1990, 104 Stat. 94, provided
that: ‘‘This Act [enacting section 1440–1 of this title]
may be cited as the ‘Posthumous Citizenship for Active
Duty Service Act of 1989’.’’
SHORT TITLE OF 1989 AMENDMENT
Section 1 of Pub. L. 101–238 provided that: ‘‘This Act
[amending this section and sections 1160 and 1182 of this
title, enacting provisions set out as notes under sections 1182, 1255, 1255a, and 1324a of this title, and

Page 45

TITLE 8—ALIENS AND NATIONALITY

§ 1101

amending provisions set out as a note under section
1255a of this title] may be cited as the ‘Immigration
Nursing Relief Act of 1989’.’’

under section 1522 of this title] may be cited as the
‘Refugee Assistance Amendments of 1982’.’’

SHORT TITLE OF 1988 AMENDMENTS

Section 1(a) of Pub. L. 97–116 provided that: ‘‘this Act
[amending this section, sections 1105a, 1151, 1152, 1154,
1182, 1201, 1203, 1221, 1227, 1251, 1252, 1253, 1254, 1255, 1255b,
1258, 1305, 1324, 1356, 1361, 1401a, 1409, 1427, 1431, 1432, 1433,
1439, 1440, 1445, 1446, 1447, 1448, 1452, 1455, 1481, and 1483
of this title, and section 1429 of Title 18, Crimes and
Criminal Procedure, enacting provisions set out as
notes under this section and sections 1151 and 1182 of
this title, amending a provision set out as a note under
this section, and repealing a provision set out as a note
under section 1182 of this title] may be cited as the ‘Immigration and Nationality Act Amendments of 1981’.’’

Pub. L. 100–658, § 1, Nov. 15, 1988, 102 Stat. 3908, provided that: ‘‘This Act [enacting provisions set out as
notes under this section and section 1153 of this title
and amending provisions set out as a note under section 1153 of this title] may be cited as the ‘Immigration
Amendments of 1988’.’’
Section 1(a) of Pub. L. 100–525 provided that: ‘‘This
Act [amending this section, sections 1102, 1103, 1104,
1105a, 1152, 1154, 1157, 1160, 1161, 1182, 1184, 1186, 1186a,
1187, 1188, 1201, 1201a, 1202, 1222, 1223, 1224, 1227, 1251, 1252,
1254, 1255, 1255a, 1255b, 1259, 1301, 1302, 1304, 1305, 1324,
1324a, 1324b, 1353, 1356, 1357, 1360, 1408, 1409, 1421, 1422,
1424, 1426, 1431, 1432, 1433, 1435, 1440, 1441, 1446, 1447, 1451,
1452, 1454, 1455, 1459, 1481, 1483, 1489, 1522, 1523, and 1524
of this title, section 1546 of Title 18, Crimes and Criminal Procedure, section 1091 of Title 20, Education, and
section 4195 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this
section and sections 1153, 1182, 1201, 1227, 1254, 1255, 1356,
1401, 1409, 1451, 1481, and 1522 of this title and section
4195 of Title 22, amending provisions set out as notes
under this section and sections 1153, 1182, 1188, and 1255a
of this title and section 1802 of Title 29, Labor, and repealing provisions set out as a note under section 1255a
of this title] may be cited as the ‘Immigration Technical Corrections Act of 1988’.’’
SHORT TITLE OF 1986 AMENDMENTS
Section 1(a) of Pub. L. 99–653, as amended by Pub. L.
100–525, § 8(a)(1), Oct. 24, 1988, 102 Stat. 2617, provided
that: ‘‘this Act [amending this section, sections 1152,
1182, 1201, 1202, 1228, 1251, 1301, 1302, 1304, 1401, 1409, 1431
to 1433, 1451, 1452, 1481, and 1483 of this title, and section
4195 of Title 22, Foreign Relations and Intercourse, and
repealing section 1201a of this title and provisions set
out as notes under section 1153 of this title] may be
cited as the ‘Immigration and Nationality Act Amendments of 1986’.’’
Pub. L. 99–639, § 1, Nov. 10, 1986, 100 Stat. 3537, provided that: ‘‘This Act [enacting section 1186a of this
title, amending sections 1154, 1182, 1184, 1251, 1255, and
1325 of this title, and enacting provisions set out as
notes under sections 1154, 1182, 1184, and 1255 of this
title] may be cited as the ‘Immigration Marriage Fraud
Amendments of 1986’.’’
Pub. L. 99–605, § 1(a), Nov. 6, 1986, 100 Stat. 3449, provided that: ‘‘This Act [amending sections 1522 to 1524 of
this title and enacting provisions set out as notes
under section 1522 of this title] may be cited as the
‘Refugee Assistance Extension Act of 1986’.’’
Section 1(a) of Pub. L. 99–603 provided that: ‘‘This Act
[enacting sections 1160, 1161, 1186, 1187, 1255a, 1324a,
1324b, 1364, and 1365 of this title and section 1437r of
Title 42, The Public Health and Welfare, amending this
section, sections 1152, 1184, 1251, 1252, 1254, 1255, 1258,
1259, 1321, 1324, and 1357 of this title, section 2025 of
Title 7, Agriculture, section 1546 of Title 18, Crimes and
Criminal Procedure, sections 1091 and 1096 of Title 20,
Education, sections 1802, 1813, and 1851 of Title 29,
Labor, and sections 303, 502, 602, 603, 672, 673, 1203,
1320b–7, 1353, 1396b, and 1436a of Title 42, repealing section 1816 of Title 29, enacting provisions set out as
notes under this section and sections 1152, 1153, 1160,
1186, 1187, 1253, 1255a, 1259, 1324a, and 1324b of this title,
section 1802 of Title 29, and sections 405, 502, and 1320b–7
of Title 42, and amending provisions set out as notes
under this section and section 1383 of Title 42] may be
cited as the ‘Immigration Reform and Control Act of
1986’.’’
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97–363, § 1, Oct. 25, 1982, 96 Stat. 1734, provided
that: ‘‘This Act [amending sections 1522, 1523, and 1524
of this title and enacting provisions set out as a note

SHORT TITLE OF 1981 AMENDMENT

SHORT TITLE OF 1980 AMENDMENT
Section 1 of Pub. L. 96–212 provided: ‘‘That this Act
[enacting sections 1157 to 1159 and 1521 to 1525 of this
title, amending this section, sections 1151 to 1153, 1181,
1182, 1253, and 1254 of this title, and section 2601 of Title
22, Foreign Relations and Intercourse, enacting provision set out as notes under this section and sections
1153, 1157, 1158, 1521, and 1522 of this title, amending provisions set out as notes under sections 1182 and 1255 of
this title, and repealing provisions set out as a note
under section 2601 of Title 22] may be cited as the ‘Refugee Act of 1980’.’’
SHORT TITLE OF 1976 AMENDMENT
Section 1 of Pub. L. 94–571 provided: ‘‘That this Act
[amending this section and sections 1151, 1152 to 1154,
1181, 1182, 1251, 1254, and 1255 of this title and enacting
provisions set out as notes under this section and sections 1153 and 1255 of this title] may be cited as the ‘Immigration and Nationality Act Amendments of 1976’.’’
SHORT TITLE
Section 1 of act June 27, 1952, provided that such act,
enacting this chapter, section 1429 of Title 18, Crimes
and Criminal Procedure, amending sections 1353a,
1353d, 1552 of this title, sections 342b, 342c, 342e of
former Title 5, Executive Departments and Government Officers and Employees, sections 1114, 1546 of
Title 18, sections 618, 1446 of Title 22, Foreign Relations
and Intercourse, sections 1, 177 of former Title 49,
Transportation, sections 1952 to 1955 and 1961 of Title 50
App., War and National Defense, repealing section 530
of former Title 31, Money and Finance, enacting provisions set out as notes under this section and amending
provisions set out as notes under sections 1435 and 1440
of this title, may be cited as the ‘‘Immigration and Nationality Act’’.
REPEAL AND REVIVAL
Section 8(b) of Pub. L. 100–525 provided that: ‘‘Section
3 of INAA [Pub. L. 99–653, repealing subsec. (c)(1) of this
section] is repealed and the language stricken by such
section is revived as of November 14, 1986.’’
REPEALS
Section 403(b) of act June 27, 1952, provided that: ‘‘Except as otherwise provided in section 405 [set out
below], all other laws, or parts of laws, in conflict or inconsistent with this Act [this chapter] are, to the extent of such conflict or inconsistency, repealed.’’
REGULATIONS
Pub. L. 110–391, § 2(b), Oct. 10, 2008, 122 Stat. 4193, provided that: ‘‘Not later than 30 days after the date of the
enactment of this Act [Oct. 10, 2008], the Secretary of
Homeland Security shall—
‘‘(1) issue final regulations to eliminate or reduce
fraud related to the granting of special immigrant
status for special immigrants described in subclause
(II) or (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii));
and

§ 1101

TITLE 8—ALIENS AND NATIONALITY

‘‘(2) submit a certification to Congress and publish
notice in the Federal Register that such regulations
have been issued and are in effect.’’
Pub. L. 109–162, title VIII, § 828, Jan. 5, 2006, 119 Stat.
3066, provided that: ‘‘Not later than 180 days after the
date of enactment of this Act [Jan. 5, 2006], the Attorney General, the Secretary of Homeland Security, and
the Secretary of State shall promulgate regulations to
implement the provisions contained in the Battered
Immigrant Women Protection Act of 2000 (title V of
Public Law 106–386) [see section 1501 of Pub. L. 106–386,
set out as a Short Title of 2000 Amendments note under
this section], this Act [see Tables for classification],
and the amendments made by this Act.’’
Section 303(a)(8) of Pub. L. 102–232 provided that:
‘‘The Secretary of Labor shall issue final or interim
final regulations to implement the changes made by
this section to section 101(a)(15)(H)(i)(b) and section
212(n) of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(H)(i)(b), 1182(n)] no later than January 2,
1992.’’
Pub. L. 102–140, title VI, § 610, Oct. 28, 1991, 105 Stat.
832, as amended by Pub. L. 103–416, title II, § 219(l)(2),
Oct. 25, 1994, 108 Stat. 4317, provided that:
‘‘(a) The Attorney General shall prescribe regulations
under title 5, United States Code, to carry out section
404(b)(1) of the Immigration and Nationality Act [act
June 27, 1952, as amended, set out as a note above], including a delineation of (1) scenarios that constitute an
immigration emergency, (2) the process by which the
President declares an immigration emergency, (3) the
role of the Governor and local officials in requesting a
declaration of emergency, (4) a definition of ‘assistance
as required by the Attorney General’, and (5) the process by which States and localities are to be reimbursed.
‘‘(b) The Attorney General shall prescribe regulations
under title 5, United States Code, to carry out section
404(b)(2) of such Act, including providing a definition of
the terms in section 404(b)(2)(A)(ii) and a delineation of
‘in any other circumstances’ in section 404(b)(2)(A)(iii)
of such Act.
‘‘(c) The regulations under this section shall be published for comment not later than 30 days after the
date of enactment of this Act [Oct. 28, 1991] and issued
in final form not later than 15 days after the end of the
comment period.’’
SAVINGS CLAUSE
Section 405 of act June 27, 1952, provided in part that:
‘‘(a) Nothing contained in this Act [this chapter], unless otherwise specifically provided therein, shall be
construed to affect the validity of any declaration of
intention, petition for naturalization, certificate of
naturalization, certificate of citizenship, warrant of arrest, order or warrant of deportation, order of exclusion, or other document or proceeding which shall be
valid at the time this Act [this chapter] shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal done or existing, at the time this Act [this chapter] shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts
of statutes repealed by this Act [this chapter] are, unless otherwise specifically provided therein, hereby
continued in force and effect. When an immigrant, in
possession of an unexpired immigrant visa issued prior
to the effective date of this Act [this chapter], makes
application for admission, his admissibility shall be determined under the provisions of law in effect on the
date of the issuance of such visa. An application for
suspension of deportation under section 19 of the Immigration Act of 1917, as amended [former section 155 of
this title], or for adjustment of status under section 4
of the Displaced Persons Act of 1948, as amended
[former section 1953 of Appendix to Title 50], which is
pending on the date of enactment of this Act [June 27,
1952], shall be regarded as a proceeding within the
meaning of this subsection.

Page 46

‘‘(b) Except as otherwise specifically provided in title
III [subchapter III of this chapter], any petition for naturalization heretofore filed which may be pending at
the time this Act [this chapter] shall take effect shall
be heard and determined in accordance with the requirements of law in effect when such petition was
filed.
‘‘(c) Except as otherwise specifically provided in this
Act [this chapter], the repeal of any statute by this Act
[this chapter] shall not terminate nationality heretofore lawfully acquired nor restore nationality heretofore lost under any law of the United States or any
treaty to which the United States may have been a
party.
‘‘(d) Except as otherwise specifically provided in this
Act [this chapter], or any amendment thereto, fees,
charges and prices for purposes specified in title V of
the Independent Offices Appropriation Act, 1952 (Public
Law 137, Eighty-second Congress, approved August 31,
1951), may be fixed and established in the manner and
by the head of any Federal Agency as specified in that
Act.
‘‘(e) This Act [this chapter] shall not be construed to
repeal, alter, or amend section 231(a) of the Act of April
30, 1946 (60 Stat. 148; [section 1281(a) of title 22]), the Act
of June 20, 1949 (Public Law 110, section 8, Eighty-first
Congress, first session; 63 Stat. 208 [section 403h of title
50]), the Act of June 5, 1950 (Public Law 535, Eightyfirst Congress, second session [former section 1501 et
seq. of title 22]), nor title V of the Agricultural Act of
1949, as amended (Public Law 78, Eighty-second Congress, first session [former sections 1461 to 1468 of title
7]).’’
SEPARABILITY
Pub. L. 106–313, title I, § 116, Oct. 17, 2000, 114 Stat.
1262, provided that: ‘‘If any provision of this title [see
Short Title of 2000 Amendments note above] (or any
amendment made by this title) or the application
thereof to any person or circumstance is held invalid,
the remainder of the title (and the amendments made
by this title) and the application of such provision to
any other person or circumstance shall not be affected
thereby. This section be enacted [sic] 2 days after effective date.’’
Section 1(e) of div. C of Pub. L. 104–208 provided that:
‘‘If any provision of this division [see Tables for classification] or the application of such provision to any
person or circumstances is held to be unconstitutional,
the remainder of this division and the application of
the provisions of this division to any person or circumstance shall not be affected thereby.’’
Section 406 of act June 27, 1952, provided that: ‘‘If any
particular provision of this Act [this chapter], or the
application thereof to any person or circumstance, is
held invalid, the remainder of the Act [this chapter]
and the application of such provision to other persons
or circumstances shall not be affected thereby.’’
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.
ADMISSION OF ALASKA AS STATE
Effectiveness of amendment of this section by Pub. L.
85–508 as dependent on admission of State of Alaska
into the Union, see section 8(b) of Pub. L. 85–508, set out
as a note preceding section 21 of Title 48, Territories
and Insular Possessions.

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TITLE 8—ALIENS AND NATIONALITY
ADMISSION OF HAWAII AS STATE

Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug.
25, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections
1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding former section 491 of Title 48,
Territories and Insular Possessions.
APPROPRIATIONS
Section 404 of act June 27, 1952, as amended by acts
Dec. 29, 1981, Pub. L. 97–116, § 18(s), 95 Stat. 1621; Nov. 6,
1986, Pub. L. 99–603, title I, § 113, 100 Stat. 3383; Nov. 29,
1990, Pub. L. 101–649, title VII, § 705(a), 104 Stat. 5087;
Dec. 12, 1991, Pub. L. 102–232, title III, § 308(d), 105 Stat.
1757, provided that:
‘‘(a) There are authorized to be appropriated such
sums as may be necessary to carry out the provisions
of this Act [this chapter] (other than chapter 2 of title
IV) [subchapter IV of this chapter].
‘‘(b)(1) There are authorized to be appropriated (for
fiscal year 1991 and any subsequent fiscal year) to an
immigration emergency fund, to be established in the
Treasury, an amount sufficient to provide for a balance
of $35,000,000 in such fund, to be used to carry out paragraph (2) and to provide for an increase in border patrol
or other enforcement activities of the Service and for
reimbursement of State and localities in providing assistance as requested by the Attorney General in meeting an immigration emergency, except that no amounts
may be withdrawn from such fund with respect to an
emergency unless the President has determined that
the immigration emergency exists and has certified
such fact to the Judiciary Committees of the House of
Representatives and of the Senate.
‘‘(2)(A) Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available,
by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever—
‘‘(i) a district director of the Service certifies to the
Commissioner that the number of asylum applications filed in the respective district during a calendar
quarter exceeds by at least 1,000 the number of such
applications filed in that district during the preceding calendar quarter,
‘‘(ii) the lives, property, safety, or welfare of the
residents of a State or locality are endangered, or
‘‘(iii) in any other circumstances as determined by
the Attorney General.
In applying clause (i), the providing of parole at a point
of entry in a district shall be deemed to constitute an
application for asylum in the district.
‘‘(B) Not more than $20,000,000 shall be made available
for all localities under this paragraph.
‘‘(C) For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency
be determined shall not apply.
‘‘(D) A decision with respect to an application for reimbursement under subparagraph (A) shall be made by
the Attorney General within 15 days after the date of
receipt of the application.’’
[Section 705(b) of Pub. L. 101–649 provided that: ‘‘Section 404(b)(2)(A)(i) of the Immigration and Nationality
Act [act June 27, 1952, set out above], as added by the
amendment made by subsection (a)(5), shall apply with
respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after
January 1, 1989. The Attorney General may not spend
any amounts from the immigration emergency fund
pursuant to the amendments made by subsection (a)
[amending section 404 of act June 27, 1952, set out
above] before October 1, 1991.’’]
[Determination of President of the United States, No.
97–16, Feb. 12, 1997, 62 F.R. 13981, provided that immigration emergency determined by President in 1995 to
exist with respect to smuggling into United States of
illegal aliens persisted and directed use of Immigration
Emergency Fund established by section 404(b)(1) of act
June 27, 1952, set out above.

§ 1101

[Prior determination was contained in the following:
[Determination of President of the United States, No.
95–49, Sept. 28, 1995, 60 F.R. 53677.]
FEE INCREASES
Pub. L. 111–230, title IV, § 402, Aug. 13, 2010, 124 Stat.
2487, as amended by Pub. L. 111–347, title III, § 302, Jan.
2, 2011, 124 Stat. 3667, provided that:
‘‘(a) Notwithstanding any other provision of this Act
or any other provision of law, during the period beginning on the date of the enactment of this Act [Aug. 13,
2010] and ending on September 30, 2015, the filing fee
and fraud prevention and detection fee required to be
submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) shall
be increased by $2,250 for applicants that employ 50 or
more employees in the United States if more than 50
percent of the applicant’s employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b)
of such Act or section 101(a)(15)(L) of such Act.
‘‘(b) Notwithstanding any other provision of this Act
or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2015, the filing fee and fraud prevention and detection fee required to be submitted with
an application for admission as a nonimmigrant under
section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for applicants that employ 50 or more
employees in the United States if more than 50 percent
of the applicant’s employees are such nonimmigrants
or nonimmigrants described in section 101(a)(15)(L) of
such Act.
‘‘(c) During the period beginning on the date of the
enactment of this Act and ending on September 30,
2015, all amounts collected pursuant to the fee increases authorized under this section shall be deposited
in the General Fund of the Treasury.’’
AFGHAN ALLIES PROTECTION
Pub. L. 111–8, div. F, title VI, Mar. 11, 2009, 123 Stat.
807, as amended by Pub. L. 111–118, div. A, title VIII,
§ 8120(b), Dec. 19, 2009, 123 Stat. 3457, provided that:
‘‘SEC. 601. SHORT TITLE.
‘‘This Act [probably should be ‘‘this title’’] may be
cited as the ‘Afghan Allies Protection Act of 2009’.
‘‘SEC. 602. PROTECTION FOR AFGHAN ALLIES.
‘‘(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term ‘appropriate committees of Congress’ means—
‘‘(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on
the Judiciary of the Senate; and
‘‘(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives.
‘‘(b) SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), the Secretary of Homeland Security, or, notwithstanding
any other provision of law, the Secretary of State in
consultation with the Secretary of Homeland Security, may provide an alien described in subparagraph
(A), (B), or (C) of paragraph (2) with the status of a
special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if
the alien—
‘‘(A) or an agent acting on behalf of the alien,
submits a petition for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
‘‘(B) is otherwise eligible to receive an immigrant
visa;
‘‘(C) is otherwise admissible to the United States
for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such
Act (8 U.S.C. 1182(a)(4))[)]; and
‘‘(D) clears a background check and appropriate
screening, as determined by the Secretary of Homeland Security.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

‘‘(2) ALIENS DESCRIBED.—
‘‘(A) PRINCIPAL ALIENS.—An alien is described in
this subparagraph if the alien—
‘‘(i) is a citizen or national of Afghanistan;
‘‘(ii) was or is employed by or on behalf of the
United States Government in Afghanistan on or
after October 7, 2001, for not less than one year;
‘‘(iii) provided faithful and valuable service to
the United States Government, which is documented in a positive recommendation or evaluation, subject to subparagraph (D), from the employee’s senior supervisor or the person currently
occupying that position, or a more senior person,
if the employee’s senior supervisor has left the
employer or has left Afghanistan; and
‘‘(iv) has experienced or is experiencing an ongoing serious threat as a consequence of the
alien’s employment by the United States Government.
‘‘(B) SPOUSE OR CHILD.—An alien is described in
this subparagraph if the alien—
‘‘(i) is the spouse or child of a principal alien described in subparagraph (A); and
‘‘(ii) is accompanying or following to join the
principal alien in the United States.
‘‘(C) SURVIVING SPOUSE OR CHILD.—An alien is described in this subparagraph if the alien—
‘‘(i) was the spouse or child of a principal alien
described in subparagraph (A) who had a petition
for classification approved pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163; 8 U.S.C. 1101 note) which included the
alien as an accompanying spouse or child; and
‘‘(ii) due to the death of the principal alien—
‘‘(I) such petition was revoked or terminated
(or otherwise rendered null); and
‘‘(II) such petition would have been approved
if the principal alien had survived.
‘‘(D) APPROVAL BY CHIEF OF MISSION REQUIRED.—A
recommendation or evaluation required under subparagraph (A)(iii) shall be accompanied by approval
from the appropriate Chief of Mission, or the designee of the appropriate Chief of Mission, who shall
conduct a risk assessment of the alien and an independent review of records maintained by the United
States Government or hiring organization or entity
to confirm employment and faithful and valuable
service to the United States Government prior to
approval of a petition under this section.
‘‘(3) NUMERICAL LIMITATIONS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (C), the total number of principal aliens who
may be provided special immigrant status under
this section may not exceed 1,500 per year for each
of the fiscal years 2009, 2010, 2011, 2012, and 2013.
‘‘(B) EXCLUSION FROM NUMERICAL LIMITATIONS.—
Aliens provided special immigrant status under this
subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or
203(b)(4) of the Immigration and Nationality Act (8
U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
‘‘(C) CARRY FORWARD.—
‘‘(i) FISCAL YEARS 2009 THROUGH 2013.—If the numerical limitation specified in subparagraph (A)
is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013,
the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between—
‘‘(I) the numerical limitation specified in subparagraph (A) for the given fiscal year; and
‘‘(II) the number of principal aliens provided
special immigrant status under this section
during the given fiscal year.
‘‘(ii) FISCAL YEAR 2014.—If the numerical limitation determined under clause (i) is not reached in
fiscal year 2013, the total number of principal
aliens who may be provided special immigrant

Page 48

status under this subsection for fiscal year 2014
shall be equal to the difference between—
‘‘(I) the numerical limitation determined
under clause (i) for fiscal year 2013; and
‘‘(II) the number of principal aliens provided
such status under this section during fiscal year
2013.
‘‘(4) PROHIBITION ON FEES.—The Secretary of Homeland Security or the Secretary of State may not
charge an alien described in subparagraph (A), (B), or
(C) of paragraph (2) any fee in connection with an application for, or issuance of, a special immigrant visa
under this section.
‘‘(5) ASSISTANCE WITH PASSPORT ISSUANCE.—The Secretary of State shall make a reasonable effort to ensure that an alien described in subparagraph (A), (B),
or (C) of paragraph (2) who is issued a special immigrant visa pursuant to this subsection is provided
with the appropriate series Afghan passport necessary to enter the United States.
‘‘(6) PROTECTION OF ALIENS.—The Secretary of
State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien described in subparagraph
(A), (B), or (C) of paragraph (2) who is seeking special
immigrant status under this subsection protection or
to immediately remove such alien from Afghanistan,
if possible, if the Secretary determines, after consultation, that such alien is in imminent danger.
‘‘(7) OTHER ELIGIBILITY FOR IMMIGRANT STATUS.—No
alien shall be denied the opportunity to apply for admission under this subsection solely because such
alien qualifies as an immediate relative or is eligible
for any other immigrant classification.
‘‘(8) RESETTLEMENT SUPPORT.—A citizen or national
of Afghanistan who is granted special immigrant
status described in section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall be
eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act (8 U.S.C. 1157) to
the same extent, and for the same periods of time, as
such refugees.
‘‘(9) ADJUSTMENT OF STATUS.—Notwithstanding
paragraph (2), (7), or (8) of subsection (c) of section 245
of the Immigration and Nationality Act (8 U.S.C.
1255), the Secretary of Homeland Security may adjust
the status of an alien described in subparagraph (A),
(B), or (C) of paragraph (2) of this subsection or in
section 1244(b) of the Refugee Crisis in Iraq Act of
2007 (Public Law 110–181; 122 Stat. 397) [8 U.S.C. 1157
note] to that of an alien lawfully admitted for permanent residence under subsection (a) of such section
245 if the alien—
‘‘(A) was paroled or admitted as a nonimmigrant
into the United States; and
‘‘(B) is otherwise eligible for special immigrant
status under—
‘‘(i)(I) this subsection; or
‘‘(II) such section 1244(b); and
‘‘(ii) the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
‘‘(10) REPORT ON IMPLEMENTATION AND AUTHORITY TO
CARRY OUT ADMINISTRATIVE MEASURES.—
‘‘(A) REQUIREMENT FOR REPORT.—Not later than
one year after the date of the enactment of this Act
[Mar. 11, 2009], the Secretary of Homeland Security
and the Secretary of State, in consultation with
the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the implementation of this subsection.
‘‘(B) CONTENT OF REPORT.—The report required by
subparagraph (A) shall describe actions taken, and
additional administrative measures that may be
needed, to ensure the integrity of the program established under this subsection and the national security interests of the United States related to
such program.
‘‘(C) AUTHORITY TO CARRY OUT ADMINISTRATIVE
MEASURES.—The Secretary of Homeland Security

Page 49

TITLE 8—ALIENS AND NATIONALITY

and the Secretary of State shall implement any additional administrative measures described in subparagraph (B) as they may deem necessary and appropriate to ensure the integrity of the program established under this subsection and the national security interests of the United States related to
such program.
‘‘(11) ANNUAL REPORT ON USE OF SPECIAL IMMIGRANT
STATUS.—
‘‘(A) REQUIREMENT.—Not later than 120 days after
the date of the enactment of this Act, and annually
thereafter, the Secretary of Homeland Security
shall submit to the appropriate committees of Congress a report on the number of citizens or nationals of Afghanistan or Iraq who have applied for
status as special immigrants under this subsection
or section 1244 of the Refugee Crisis in Iraq Act of
2007 (Public Law 110–181; 122 Stat. 396) [8 U.S.C. 1157
note].
‘‘(B) CONTENT.—Each report required by subparagraph (A) submitted in a fiscal year shall include
the following information for the previous fiscal
year:
‘‘(i) The number of citizens or nationals of Afghanistan or Iraq who submitted an application
for status as a special immigrant pursuant to this
section or section 1244 of the Refugee Crisis in
Iraq Act of 2007 (Public Law 110–181; 122 Stat. 396),
disaggregated—
‘‘(I) by the number of principal aliens applying for such status; and
‘‘(II) by the number of spouses and children of
principal aliens applying for such status.
‘‘(ii) The number of applications referred to in
clause (i) that—
‘‘(I) were approved; or
‘‘(II) were denied, including a description of
the basis for each denial.
‘‘(c) INFORMATION REGARDING CITIZENS OR NATIONALS
OF AFGHANISTAN EMPLOYED BY THE UNITED STATES OR
FEDERAL CONTRACTORS IN AFGHANISTAN.—
‘‘(1) REQUIREMENT TO COMPILE INFORMATION.—
‘‘(A) IN GENERAL.—Not later than 120 days after
the date of the enactment of this Act [Mar. 11, 2009],
the Administrator of the United States Agency for
International Development, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, and the Secretary of the Treasury
shall—
‘‘(i) review internal records and databases of
their respective agencies for information that can
be used to verify employment of citizens or nationals of Afghanistan by the United States Government; and
‘‘(ii) request from each prime contractor or
grantee that has performed work in Afghanistan
since October 7, 2001, under a contract, grant, or
cooperative agreement with their respective
agencies that is valued in excess of $25,000, information that may be used to verify the employment of such citizens or nationals by such contractor or grantee.
‘‘(B) INFORMATION REQUIRED.—To the extent data
is available, the information referred to in subparagraph (A) shall include the name and dates of employment of, biometric data for, and other data
that can be used to verify the employment of each
citizen or national of Afghanistan who has performed work in Afghanistan since October 7, 2001,
under a contract, grant, or cooperative agreement
with an executive agency.
‘‘(2) REPORT ON ESTABLISHMENT OF DATABASE.—Not
later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation
with the Administrator of the United States Agency
for International Development, the Secretary of
Homeland Security, the Secretary of State, and the
Secretary of the Treasury, shall submit to the appropriate committees of Congress a report examining
the options for establishing a unified and classified

§ 1101

database of information related to contracts, grants,
or cooperative agreements entered into by executive
agencies for the performance of work in Afghanistan
since October 7, 2001, including the information described and collected under paragraph (1), to be used
by relevant Federal departments and agencies to adjudicate refugee, asylum, special immigrant visa, and
other immigration claims and applications.
‘‘(3) REPORT ON NONCOMPLIANCE.—Not later than 180
days after the date of the enactment of this Act, the
President shall submit to the appropriate committees
of Congress a report that describes—
‘‘(A) the inability or unwillingness of any contractor or grantee to provide the information requested under paragraph (1)(A)(ii); and
‘‘(B) the reasons that such contractor or grantee
provided for failing to provide such information.
‘‘(4) EXECUTIVE AGENCY DEFINED.—In this subsection, the term ‘executive agency’ has the meaning
given that term in section 4 of the Office of Federal
Procurement Policy Act ([former] 41 U.S.C. 403) [see
41 U.S.C. 133].
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section
may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the
National Defense Authorization Act for Fiscal Year
2006 (Public Law 109–163; 8 U.S.C. 1101 note).’’
SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS
TRANSLATORS WITH UNITED STATES ARMED FORCES
Pub. L. 110–242, § 2, June 3, 2008, 122 Stat. 1567, provided that:
‘‘(a) IN GENERAL.—The Secretary of Homeland Security or the Secretary of State may convert an approved
petition for special immigrant status under section 1059
of the National Defense Authorization Act for Fiscal
Year 2006 [Pub. L. 109–163] (8 U.S.C. 1101 note) with respect to which a visa under such section 1059 is not immediately available to an approved petition for special
immigrant status under section 1244 of the National
Defense Authorization Act for Fiscal Year 2008 (Public
Law 110–181) [8 U.S.C. 1157 note] notwithstanding any
requirement of subsection (a) or (b) of such section 1244
but subject to the numerical limitations applicable
under subsection (c) of such section 1244, as amended by
this Act.
‘‘(b) DURATION.—The authority under subsection (a)
shall be available only with respect to petitions filed
before October 1, 2008.’’
Pub. L. 109–163, div. A, title X, § 1059, Jan. 6, 2006, 119
Stat. 3443, as amended by Pub. L. 110–28, title III, § 3812,
May 25, 2007, 121 Stat. 151; Pub. L. 110–36, § 1, June 15,
2007, 121 Stat. 227; Pub. L. 110–161, div. J, title VI, § 699J,
Dec. 26, 2007, 121 Stat. 2373, provided that:
‘‘(a) IN GENERAL.—For purposes of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), subject to
subsection (c)(1), the Secretary of Homeland Security
may provide an alien described in subsection (b) with
the status of a special immigrant under section
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—
‘‘(1) files with the Secretary of Homeland Security
a petition under section 204 of such Act (8 U.S.C. 1154)
for classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4)); and
‘‘(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4))
shall not apply.
‘‘(b) ALIENS DESCRIBED.—
‘‘(1) PRINCIPAL ALIENS.—An alien is described in this
subsection if the alien—
‘‘(A) is a national of Iraq or Afghanistan;
‘‘(B) worked directly with United States Armed
Forces, or under Chief of Mission authority, as a
translator or interpreter for a period of at least 12
months;
‘‘(C) obtained a favorable written recommendation from the Chief of Mission or a general or flag

§ 1101

TITLE 8—ALIENS AND NATIONALITY

officer in the chain of command of the United
States Armed Forces unit that was supported by
the alien; and
‘‘(D) before filing the petition described in subsection (a)(1), cleared a background check and
screening, as determined by the Chief of Mission or
a general or flag officer in the chain of command of
the United States Armed Forces unit that was supported by the alien.
‘‘(2) SPOUSES AND CHILDREN.—An alien is described
in this subsection if the alien is the spouse or child
of a principal alien described in paragraph (1), and is
following or accompanying to join the principal
alien.
‘‘(c) NUMERICAL LIMITATIONS.—
‘‘(1) IN GENERAL.—The total number of principal
aliens who may be provided special immigrant status
under this section—
‘‘(A) during each of the fiscal years 2007 and 2008,
shall not exceed 500; and
‘‘(B) during any other fiscal year shall not exceed
50.
‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT-BASED NUMERICAL LIMITATIONS.—For purposes of the application of sections 201 through 203 of the Immigration
and Nationality Act (8 U.S.C. 1151–1153) in any fiscal
year, aliens eligible to be provided status under this
section shall be treated as special immigrants described in section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)) who are not described in subparagraph (A),
(B), (C), or (K) of such section and shall not be counted against the numerical limitations under sections
201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
‘‘(3) CARRY FORWARD.—If the numerical limitation
described in paragraph (1) is not reached during a
given fiscal year, the numerical limitation for the
following fiscal year shall be increased by a number
equal to the difference between the number of visas
authorized for the given fiscal year and the number of
aliens provided special immigrant status during the
given fiscal year.
‘‘(d) ADJUSTMENT OF STATUS.—Notwithstanding paragraphs (2), (7) and (8) of section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust the status of
an alien to that of a lawful permanent resident under
section 245(a) of such Act if the alien—
‘‘(1) was paroled or admitted as a nonimmigrant
into the United States; and
‘‘(2) is otherwise eligible for special immigrant
status under this section and under the Immigration
and Nationality Act [8 U.S.C. 1101 et seq.].
‘‘(e) NATURALIZATION.—
‘‘(1) IN GENERAL.—An absence from the United
States described in paragraph (2) shall not be considered to break any period for which continuous residence in the United States is required for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
‘‘(2) ABSENCE DESCRIBED.—An absence described in
this paragraph is an absence from the United States
due to a person’s employment by the Chief of Mission
or United States Armed Forces, under contract with
the Chief of Mission or United States Armed Forces,
or by a firm or corporation under contract with the
Chief of Mission or United States Armed Forces, if—
‘‘(A) such employment involved working with the
Chief of Mission or United States Armed Forces as
a translator or interpreter; and
‘‘(B) the person spent at least a portion of the
time outside of the United States working directly
with the Chief of Mission or United States Armed
Forces as a translator or interpreter in Iraq or Afghanistan.
‘‘(f) APPLICATION OF IMMIGRATION AND NATIONALITY
ACT PROVISIONS.—The definitions in subsections (a) and
(b) of section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101) shall apply in the administration of
this section.’’

Page 50

[Pub. L. 110–28 and Pub. L. 110–36 made identical
amendments to section 1059 of Pub. L. 109–163, set out
above, except for the redesignation of subsec. (d) and
addition of subsec. (e). Amendments by Pub. L. 110–36
were executed in lieu of the amendments by Pub. L.
110–28, to reflect the probable intent of Congress.]
BATTERED IMMIGRANT WOMEN; FINDINGS AND PURPOSES
Pub. L. 106–386, div. B, title V, § 1502, Oct. 28, 2000, 114
Stat. 1518, provided that:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the goal of the immigration protections for
battered immigrants included in the Violence
Against Women Act of 1994 [Pub. L. 103–322, title IV,
see Tables for classification] was to remove immigration laws as a barrier that kept battered immigrant
women and children locked in abusive relationships;
‘‘(2) providing battered immigrant women and children who were experiencing domestic violence at
home with protection against deportation allows
them to obtain protection orders against their abusers and frees them to cooperate with law enforcement
and prosecutors in criminal cases brought against
their abusers and the abusers of their children without fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an
immigration benefit under the abuser’s control; and
‘‘(3) there are several groups of battered immigrant
women and children who do not have access to the
immigration protections of the Violence Against
Women Act of 1994 which means that their abusers
are virtually immune from prosecution because their
victims can be deported as a result of action by their
abusers and the Immigration and Naturalization
Service cannot offer them protection no matter how
compelling their case under existing law.
‘‘(b) PURPOSES.—The purposes of this title [see Short
Title of 2000 Amendments note above] are—
‘‘(1) to remove barriers to criminal prosecutions of
persons who commit acts of battery or extreme cruelty against immigrant women and children; and
‘‘(2) to offer protection against domestic violence
occurring in family and intimate relationships that
are covered in State and tribal protection orders, domestic violence, and family law statutes.’’
PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING
VICTIMS OF CRIMES AGAINST WOMEN
Pub. L. 106–386, div. B, title V, § 1513(a), Oct. 28, 2000,
114 Stat. 1533, provided that:
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress makes the following findings:
‘‘(A) Immigrant women and children are often
targeted to be victims of crimes committed against
them in the United States, including rape, torture,
kidnaping, trafficking, incest, domestic violence,
sexual assault, female genital mutilation, forced
prostitution, involuntary servitude, being held hostage or being criminally restrained.
‘‘(B) All women and children who are victims of
these crimes committed against them in the United
States must be able to report these crimes to law
enforcement and fully participate in the investigation of the crimes committed against them and the
prosecution of the perpetrators of such crimes.
‘‘(2) PURPOSE.—
‘‘(A) The purpose of this section [amending this
section and sections 1182, 1184, 1255, and 1367 of this
title] is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault,
trafficking of aliens, and other crimes described in
section 101(a)(15)(U)(iii) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(U)(iii)] committed
against aliens, while offering protection to victims
of such offenses in keeping with the humanitarian
interests of the United States. This visa will en-

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TITLE 8—ALIENS AND NATIONALITY

courage law enforcement officials to better serve
immigrant crime victims and to prosecute crimes
committed against aliens.
‘‘(B) Creating a new nonimmigrant visa classification will facilitate the reporting of crimes to
law enforcement officials by trafficked, exploited,
victimized, and abused aliens who are not in lawful
immigration status. It also gives law enforcement
officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to aliens
who have been severely victimized by criminal activity also comports with the humanitarian interests of the United States.
‘‘(C) Finally, this section gives the Attorney General discretion to convert the status of such nonimmigrants to that of permanent residents when
doing so is justified on humanitarian grounds, for
family unity, or is otherwise in the public interest.’’
PHILIPPINE TRADERS AS NONIMMIGRANTS
Philippine traders classifiable as nonimmigrants
under subsec. (a)(15)(E) of this section, see section 1184a
of this title.
IRISH PEACE PROCESS CULTURAL AND TRAINING
PROGRAM
Pub. L. 105–319, Oct. 30, 1998, 112 Stat. 3013, as amended by Pub. L. 107–234, § 1, Oct. 4, 2002, 116 Stat. 1481; Pub.
L. 108–449, § 1(a), Dec. 10, 2004, 118 Stat. 3469, known as
the Irish Peace Process Cultural and Training Program
Act of 1998, which related to the Irish Peace Process
Cultural and Training Program, was repealed by section 2(c)(1) of Pub. L. 105–319, effective Oct. 1, 2008.
COORDINATION OF AMENDMENTS BY PUB. L. 104–208
Section 1(b) of div. C of Pub. L. 104–208 provided that:
‘‘Except as otherwise specifically provided—
‘‘(1) whenever in this division [see Tables for classification] an amendment or repeal is expressed as the
amendment or repeal of a section or other provision,
the reference shall be considered to be made to that
section or provision in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; and
‘‘(2) amendments to a section or other provision are
to such section or other provision before any amendment made to such section or other provision elsewhere in this division.’’
APPLICABILITY OF TITLE V OF DIVISION C OF PUB. L.
104–208 TO FOREIGN ASSISTANCE
Section 592 of title V of div. C of Pub. L. 104–208 provided that: ‘‘This title [see Effective Date of 1996
Amendment note above] does not apply to any Federal,
State, or local governmental program, assistance, or
benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State
in consultation with the Attorney General.’’
NOTIFICATION TO PUBLIC AND PROGRAM RECIPIENTS OF
CHANGES REGARDING ELIGIBILITY FOR PROGRAMS
Section 593 of title V of div. C of Pub. L. 104–208 provided that:
‘‘(a) IN GENERAL.—Each agency of the Federal Government or a State or political subdivision that administers a program affected by the provisions of this title
[see Effective Date of 1996 Amendment note above],
shall, directly or through the States, provide general
notification to the public and to program recipients of
the changes regarding eligibility for any such program
pursuant to this title.
‘‘(b) FAILURE TO GIVE NOTICE.—Nothing in this section shall be construed to require or authorize continu-

§ 1101

ation of eligibility if the notice under this section is
not provided.’’
REPORT ON ALIENS GRANTED REFUGEE STATUS OR ASYLUM DUE TO PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL METHODS
Section 601(a)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to
the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the
Senate describing the number and countries of origin of
aliens granted refugee status or asylum under determinations pursuant to the amendment made by paragraph (1) [amending this section]. Each such report
shall also contain projections regarding the number
and countries of origin of aliens that are likely to be
granted refugee status or asylum for the subsequent 2
fiscal years.’’
SENSE OF CONGRESS REGARDING AMERICAN-MADE
PRODUCTS; REQUIREMENTS FOR NOTICE
Section 648 of div. C of Pub. L. 104–208 provided that:
‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available under this division [see Tables for classification] should be Americanmade.
‘‘(b) NOTICE TO RECIPIENTS OF GRANTS.—In providing
grants under this division, the Attorney General, to the
greatest extent practicable, shall provide to each recipient of a grant a notice describing the statement made
in subsection (a) by the Congress.’’
IMPROVING BORDER CONTROLS
Section 130006 of Pub. L. 103–322 provided that:
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for the Immigration and
Naturalization Service to increase the resources for the
Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt
clandestine entry into the United States or entry into
the United States with fraudulent documents or who
remain in the country after their nonimmigrant visas
expire—
‘‘(1) $228,000,000 for fiscal year 1995;
‘‘(2) $185,000,000 for fiscal year 1996;
‘‘(3) $204,000,000 for fiscal year 1997; and
‘‘(4) $58,000,000 for fiscal year 1998.
‘‘Of the sums authorized in this section, all necessary
funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in
the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997,
and 1998 beyond the number funded as of October 1,
1994.
‘‘(b) REPORT.—By September 30, 1996 and September
30, 1998, the Attorney General shall report to the Congress on the programs described in this section. The report shall include an evaluation of the programs, an
outcome-based measurement of performance, and an
analysis of the cost effectiveness of the additional resources provided under this Act [see Tables for classification].’’
VISAS FOR OFFICIALS OF TAIWAN
Section 221 of Pub. L. 103–416, as amended by Pub. L.
104–208, div. C, title III, § 308(d)(3)(E), title VI,
§ 671(b)(12), Sept. 30, 1996, 110 Stat. 3009–617, 3009–722,
provided that: ‘‘Whenever the President of Taiwan or
any other high-level official of Taiwan shall apply to
visit the United States for the purposes of discussions
with United States Federal or State government officials concerning—
‘‘(1) trade or business with Taiwan that will reduce
the United States-Taiwan trade deficit,
‘‘(2) prevention of nuclear proliferation,

§ 1101

TITLE 8—ALIENS AND NATIONALITY

‘‘(3) threats to the national security of the United
States,
‘‘(4) the protection of the global environment,
‘‘(5) the protection of endangered species, or
‘‘(6) regional humanitarian disasters,
the official shall be admitted to the United States, unless the official is otherwise inadmissible under the immigration laws of the United States.’’
CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS
Section 225 of Pub. L. 103–416, as amended by Pub. L.
104–132, title IV, § 436(b)(2), Apr. 24, 1996, 110 Stat. 1275;
Pub. L. 104–208, div. C, title III, § 308(c)(4)(B), Sept. 30,
1996, 110 Stat. 3009–616, provided that: ‘‘No amendment
made by this Act [see Tables for classification] shall be
construed to create any substantive or procedural right
or benefit that is legally enforceable by any party
against the United States or its agencies or officers or
any other person.’’
[Amendment by Pub. L. 104–132 effective as if included in enactment of Pub. L. 103–416, see section
436(b)(3) of Pub. L. 104–132 set out as an Effective Date
of 1996 Amendment note under section 1252 of this
title.]
REPORT ON ADMISSION OF CERTAIN NONIMMIGRANTS
Section 202(b) of Pub. L. 102–232 directed Comptroller
General, by not later than Oct. 1, 1994, to submit to
Committees on the Judiciary of Senate and of House of
Representatives a report containing information relating to the admission of artists, entertainers, athletes,
and related support personnel as nonimmigrants under
8 U.S.C. 1101(a)(15)(O), (P), and information on the laws,
regulations, and practices in effect in other countries
that affect United States citizens and permanent resident aliens in the arts, entertainment, and athletics, in
order to evaluate the impact of such admissions, laws,
regulations, and practices on such citizens and aliens,
directed Chairman of the Committee on the Judiciary
of Senate to make the report available to interested
parties and to hold a hearing respecting the report and
directed such Committee to report to Senate its findings and any legislation it deems appropriate.
DELAY UNTIL APRIL 1, 1992, IN IMPLEMENTATION OF
PROVISIONS RELATING TO NONIMMIGRANT ARTISTS,
ATHLETES, ENTERTAINERS, AND FASHION MODELS
Section 3 of Pub. L. 102–110 provided that: ‘‘Section
214(g)(1)(C) of the Immigration and Nationality Act [8
U.S.C. 1184(g)(1)(C)] shall not apply to the issuance of
visas or provision of status before April 1, 1992. Aliens
seeking nonimmigrant admission as artists, athletes,
entertainers, or fashion models (or for the purpose of
accompanying or assisting in an artistic or athletic
performance) before April 1, 1992, shall not be admitted
under subparagraph (O)(i), (O)(ii), (P)(i), or (P)(iii) of
section 101(a)(15) of such Act [8 U.S.C. 1101(a)(15)], but
may be admitted under the terms of subparagraph
(H)(i)(b) of such section (as in effect on September 30,
1991).’’
COMMISSION ON IMMIGRATION REFORM
Section 141 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(c)(1), Dec. 12, 1991, 105 Stat. 1744,
provided that:
‘‘(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION.—(1) Effective October 1, 1991, there is established
a Commission on Immigration Reform (in this section
referred to as the ‘Commission’) which shall be composed of 9 members to be appointed as follows:
‘‘(A) One member who shall serve as Chairman, to
be appointed by the President.
‘‘(B) Two members to be appointed by the Speaker
of the House of Representatives who shall select such
members from a list of nominees provided by the
Chairman of the Committee on the Judiciary of the
House of Representatives.
‘‘(C) Two members to be appointed by the Minority
Leader of the House of Representatives who shall se-

Page 52

lect such members from a list of nominees provided
by the ranking minority member of the Subcommittee on Immigration, Refugees, and International Law
of the Committee on the Judiciary of the House of
Representatives.
‘‘(D) Two members to be appointed by the Majority
Leader of the Senate who shall select such members
from a list of nominees provided by the Chairman of
the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate.
‘‘(E) Two members to be appointed by the Minority
Leader of the Senate who shall select such members
from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration
and Refugee Affairs of the Committee on the Judiciary of the Senate.
‘‘(2) Initial appointments to the Commission shall be
made during the 45-day period beginning on October 1,
1991. A vacancy in the Commission shall be filled in the
same manner in which the original appointment was
made.
‘‘(3) Members shall be appointed to serve for the life
of the Commission, except that the term of the member
described in paragraph (1)(A) shall expire at noon on
January 20, 1993, and the President shall appoint an individual to serve for the remaining life of the Commission.
‘‘(b) FUNCTIONS OF COMMISSION.—The Commission
shall—
‘‘(1) review and evaluate the impact of this Act and
the amendments made by this Act [see Tables for
classification], in accordance with subsection (c); and
‘‘(2) transmit to the Congress—
‘‘(A) not later than September 30, 1994, a first report describing the progress made in carrying out
paragraph (1), and
‘‘(B) not later than September 30, 1997, a final report setting forth the Commission’s findings and
recommendations, including such recommendations
for additional changes that should be made with respect to legal immigration into the United States
as the Commission deems appropriate.
‘‘(c) CONSIDERATIONS.—
‘‘(1) PARTICULAR CONSIDERATIONS.—In particular,
the Commission shall consider the following:
‘‘(A) The requirements of citizens of the United
States and of aliens lawfully admitted for permanent residence to be joined in the United States by
immediate family members and the impact which
the establishment of a national level of immigration has upon the availability and priority of family preference visas.
‘‘(B) The impact of immigration and the implementation of the employment-based and diversity
programs on labor needs, employment, and other
economic and domestic conditions in the United
States.
‘‘(C) The social, demographic, and natural resources impact of immigration.
‘‘(D) The impact of immigration on the foreign
policy and national security interests of the United
States.
‘‘(E) The impact of per country immigration levels on family-sponsored immigration.
‘‘(F) The impact of the numerical limitation on
the adjustment of status of aliens granted asylum.
‘‘(G) The impact of the numerical limitations on
the admission of nonimmigrants under section
214(g) of the Immigration and Nationality Act [8
U.S.C. 1184(g)].
‘‘(2) DIVERSITY PROGRAM.—The Commission shall
analyze the information maintained under section
203(c)(3) of the Immigration and Nationality Act [8
U.S.C. 1153(c)(3)] and shall report to Congress in its
report under subsection (b)(2) on—
‘‘(A) the characteristics of individuals admitted
under section 203(c) of the Immigration and Nationality Act, and
‘‘(B) how such characteristics compare to the
characteristics of family-sponsored immigrants and
employment-based immigrants.

Page 53

TITLE 8—ALIENS AND NATIONALITY

§ 1101

The Commission shall include in the report an assessment of the effect of the requirement of paragraph (2)
of section 203(c) of the Immigration and Nationality
Act on the diversity, educational, and skill level of
aliens admitted.
‘‘(d) COMPENSATION OF MEMBERS.—(1) Each member of
the Commission who is not an officer or employee of
the Federal Government is entitled to receive, subject
to such amounts as are provided in advance in appropriations Acts, pay at the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–18
of the General Schedule. Each member of the Commission who is such an officer or employee shall serve
without additional pay.
‘‘(2) While away from their homes or regular places of
business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence.
‘‘(e) MEETINGS, STAFF, AND AUTHORITY OF COMMISSION.—The provisions of subsections (e) through (g) of
section 304 of the Immigration Reform and Control Act
of 1986 [Pub. L. 99–603, set out as a note under section
1160 of this title] shall apply to the Commission in the
same manner as they apply to the Commission established under such section, except that paragraph (2) of
subsection (e) thereof shall not apply.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—(1) There
are authorized to be appropriated to the Commission
such sums as may be necessary to carry out this section.
‘‘(2) Notwithstanding any other provision of this section, the authority to make payments, or to enter into
contracts, under this section shall be effective only to
such extent, or in such amounts, as are provided in advance in appropriations Acts.
‘‘(g) TERMINATION DATE.—The Commission shall terminate on the date on which a final report is required
to be transmitted under subsection (b)(2)(B), except
that the Commission may continue to function until
January 1, 1998, for the purpose of concluding its activities, including providing testimony to standing committees of Congress concerning its final report under
this section and disseminating that report.
‘‘(h) CONGRESSIONAL RESPONSE.—(1) No later than 90
days after the date of receipt of each report transmitted under subsection (b)(2), the Committees on the Judiciary of the House of Representatives and of the Senate shall initiate hearings to consider the findings and
recommendations of the report.
‘‘(2) No later than 180 days after the date of receipt of
such a report, each such Committee shall report to its
respective House its oversight findings and any legislation it deems appropriate.
‘‘(i) PRESIDENTIAL REPORT.—The President shall conduct a review and evaluation and provide for the transmittal of reports to the Congress in the same manner
as the Commission is required to conduct a review and
evaluation and to transmit reports under subsection
(b).’’
[References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.]

Section 204(b) of Pub. L. 101–649 provided that: ‘‘Each
of the following foreign states shall be considered, for
purposes of section 101(a)(15)(E) of the Immigration and
Nationality Act [8 U.S.C. 1101(a)(15)(E)], to be a foreign
state described in such section if the foreign state extends reciprocal nonimmigrant treatment to nationals
of the United States:
‘‘(1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act [8 U.S.C. 1153(c)(1)]) which (A) has 1 or
more dependent areas (as determined for purposes of
section 202 of such Act [8 U.S.C. 1152]) and (B) does
not have a treaty of commerce and navigation with
the United States.
‘‘(2) The foreign state which (A) was identified as an
adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act
of 1986 [Pub. L. 99–603, set out as a note under section
1153 of this title] and (B) does not have a treaty of
commerce and navigation with the United States, but
(C) had such a treaty with the United States before
1925.’’

SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED AT UNITED STATES MISSION IN HONG KONG
(D SPECIAL IMMIGRANTS)

CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING AND MANAGEMENT CONSULTING
FIRMS

Section 152 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(d)(1), Dec. 12, 1991, 105 Stat. 1744,
provided that:
‘‘(a) IN GENERAL.—Subject to subsection (c), an alien
described in subsection (b) shall be treated as a special
immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(27)(D)].
‘‘(b) ALIENS COVERED.—An alien is described in this
subsection if—
‘‘(1) the alien is—

Section 206(a) of Pub. L. 101–649, as amended by Pub.
L. 102–232, title III, § 303(a)(9), Dec. 12, 1991, 105 Stat.
1748; Pub. L. 106–95, § 6, Nov. 12, 1999, 113 Stat. 1319, provided that: ‘‘In applying sections 101(a)(15)(L) and
203(b)(1)(C) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(15)(L), 1153(b)(1)(C)], and for no other purpose, in the case of a partnership that is organized in
the United States to provide accounting or management consulting services and that markets its accounting or management consulting services under an inter-

‘‘(A) an employee at the United States consulate
in Hong Kong under the authority of the Chief of
Mission (including employment pursuant to section
5913 of title 5, United States Code) and has performed faithful service as such an employee for a
total of three years or more, or
‘‘(B) a member of the immediate family (as defined in 6 Foreign Affairs Manual 117k as of the
date of the enactment of this Act [Nov. 29, 1990]) of
an employee described in subparagraph (A) who has
been living with the employee in the same household;
‘‘(2) the welfare of the employee or such an immediate family member is subject to a clear threat due
directly to the employee’s employment with the
United States Government or under a United States
Government official; and
‘‘(3) the principal officer in Hong Kong, in the officer’s discretion, has recommended the granting of
special immigrant status to such alien in exceptional
circumstances and the Secretary of State approves
such recommendation and finds that it is in the national interest to grant such status.
‘‘(c) EXPIRATION.—Subsection (a) shall only apply to
aliens who file an application for special immigrant
status under this section by not later than January 1,
2002.
‘‘(d) LIMITED WAIVER OF NUMERICAL LIMITATIONS.—
The first 500 visas made available to aliens as special
immigrants under this section shall not be counted
against any numerical limitation established under
section 201 or 202 of the Immigration and Nationality
Act [8 U.S.C. 1151 or 1152].’’
INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649
Amendment by section 203(c) of Pub. L. 101–649 not to
affect performance of longshore work in United States
by citizens or nationals of United States, see section
203(a)(2) of Pub. L. 101–649, set out as a note under section 1288 of this title.
APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN
STATES

§ 1101

TITLE 8—ALIENS AND NATIONALITY

nationally recognized name under an agreement with a
worldwide coordinating organization that is collectively owned and controlled by the member accounting
and management consulting firms or by the elected
members (partners, shareholders, members, employees)
thereof, an entity that is organized outside the United
States to provide accounting or management consulting services shall be considered to be an affiliate of the
United States accounting or management consulting
partnership if it markets its accounting or management consulting services under the same internationally recognized name directly or indirectly under an
agreement with the same worldwide coordinating organization of which the United States partnership is also
a member. Those partnerships organized within the
United States and entities organized outside the United
States which are considered affiliates under this subsection shall continue to be considered affiliates to the
extent such firms enter into a plan of association with
a successor worldwide coordinating organization, which
need not be collectively owned and controlled.’’
ADMISSION OF NONIMMIGRANTS FOR COOPERATIVE RESEARCH, DEVELOPMENT, AND COPRODUCTION PROJECTS
Section 222 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 303(b)(3), Dec. 12, 1991, 105 Stat. 1748,
provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b), the Attorney General shall provide for nonimmigrant status
in the case of an alien who—
‘‘(1) has a residence in a foreign country which the
alien has no intention of abandoning, and
‘‘(2) is coming to the United States, upon a basis of
reciprocity, to perform services of an exceptional nature requiring such merit and ability relating to a cooperative research and development project or a coproduction project provided under a government-togovernment agreement administered by the Secretary of Defense, but not to exceed a period of more
than 10 years,
or who is the spouse or minor child of such an alien if
accompanying or following to join the alien.
‘‘(b) NUMERICAL LIMITATION.—The number of aliens
who may be admitted as (or otherwise be provided the
status of) a nonimmigrant under this section at any
time may not exceed 100.’’
ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE
VISITOR PROGRAM
Section 223 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 303(b)(4), Dec. 12, 1991, 105 Stat. 1748,
provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b), the Attorney General shall provide for nonimmigrant status
in the case of an alien who—
‘‘(1) has a residence in a foreign country which the
alien has no intention of abandoning, and
‘‘(2) is coming temporarily to the United States (for
a period not to exceed 18 months) as a participant in
a special education training program which provides
for practical training and experience in the education
of children with physical, mental, or emotional disabilities,
or who is the spouse or minor child of such an alien if
accompanying or following to join the alien.
‘‘(b) NUMERICAL LIMITATION.—The number of aliens
who may be admitted as (or otherwise be provided the
status of) a nonimmigrant under this section in any fiscal year may not exceed 50.’’
EXTENSION OF H–1 IMMIGRATION STATUS FOR CERTAIN
NONIMMIGRANTS EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS AND COPRODUCTION PROJECTS
Pub. L. 101–189, div. A, title IX, § 937, Nov. 29, 1989, 103
Stat. 1538, provided that: ‘‘The Attorney General shall
provide for the extension through December 31, 1991, of
nonimmigrant status under section 101(a)(15)(H)(i) of
the Immigration and Nationality Act (8 U.S.C.

Page 54

1101(a)(15)(H)(i)) for an alien to perform temporarily
services relating to a cooperative research and development project or a coproduction project provided under
a government-to-government agreement administered
by the Secretary of Defense in the case of an alien who
has had such status for a period of at least five years
if such status has not expired as of the date of the enactment of this Act [Nov. 29, 1989] but would otherwise
expire during 1989, 1990, or 1991, due only to the time
limitations with respect to such status.’’
EXTENSION OF H–1 STATUS FOR CERTAIN REGISTERED
NURSES THROUGH DECEMBER 31, 1989
Pub. L. 100–658, § 4, Nov. 15, 1988, 102 Stat. 3909, provided that: ‘‘The Attorney General shall provide for the
extension through December 31, 1989, of nonimmigrant
status under section 101(a)(15)(H)(i) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)] for an
alien to perform temporarily services as a registered
nurse in the case of an alien who has had such status
for a period of at least 5 years if—
‘‘(1) such status has not expired as of the date of the
enactment of this Act [Nov. 15, 1988] but would otherwise expire during 1988 or 1989, due only to the time
limitation with respect to such status; or
‘‘(2)(A) the alien’s status as such a nonimmigrant
expired during the period beginning on January 1,
1987, and ending on the date of the enactment of this
Act, due only to the time limitation with respect to
such status,
‘‘(B) the alien is present in the United States as of
the date of the enactment of this Act,
‘‘(C) the alien has been employed as a registered
nurse in the United States since the date of expiration of such status, and
‘‘(D) in the case of an alien whose status expired
during 1987, the alien’s employer has filed with the
Immigration and Naturalization Service, before the
date of the enactment of this Act, an appeal of a petition filed in connection with the alien’s application
for extension of such status.’’
RESIDENCE WITHIN UNITED STATES CONTINUED DURING
PERIOD OF ABSENCE
Section 2(o)(2) of Pub. L. 100–525 provided that: ‘‘Only
for purposes of section 101(a)(27)(I) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)(27)(I)], an alien
who is or was an officer or employee of an international
organization (or is the unmarried son or daughter or
surviving spouse of such an officer or employee or
former officer or employee) is considered to be residing
and physically present in the United States during a
period in which the alien is residing in the United
States but is absent from the United States because of
the officer’s or employee’s need to conduct official
business on behalf of the organization or because of
customary leave, but only if during the period of the
absence the officer or employee continues to have a
duty station in the United States and, in the case of
such an unmarried son or daughter, the son or daughter
is not enrolled in a school outside the United States.’’
NONIMMIGRANT TRADERS AND INVESTORS UNDER
UNITED STATES-CANADA FREE-TRADE AGREEMENT
For provisions allowing Canadian citizens to be classifiable as nonimmigrants under subsec. (a)(15)(E) of
this section upon a basis of reciprocity secured by the
United States-Canada Free-Trade Agreement, see section 307(a) of Pub. L. 100–449, set out in a note under
section 2112 of Title 19, Customs Duties.
AMERASIAN IMMIGRATION
Pub. L. 100–461, title II, Oct. 1, 1988, 102 Stat. 2268–15,
as amended by Pub. L. 101–167, title II, Nov. 21, 1989, 103
Stat. 1211; Pub. L. 101–302, title II, May 25, 1990, 104
Stat. 228; Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat.
1996, provided: ‘‘That the provisions of subsection (c) of
section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as

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TITLE 8—ALIENS AND NATIONALITY

contained in section 101(e) of Public Law 100–202 [set
out below], shall apply to an individual who (1) departs
from Vietnam after the date of the enactment of this
Act [Oct. 1, 1988], and (2) is described in subsection (b)
of such section, but who is issued an immigrant visa
under section 201(b) or 203(a) of the Immigration and
Nationality Act [8 U.S.C. 1151(b), 1153(a)] (rather than
under subsection (a) of such section), or would be described in subsection (b) of such section if such section
also applied to principal aliens who were citizens of the
United States (rather than merely to aliens)’’.
Pub. L. 100–202, § 101(e) [title V, § 584], Dec. 22, 1987, 101
Stat. 1329–183, as amended by Pub. L. 101–167, title II,
Nov. 21, 1989, 103 Stat. 1211; Pub. L. 101–513, title II, Nov.
5, 1990, 104 Stat. 1996; Pub. L. 101–649, title VI,
§ 603(a)(20), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 102–232,
title III, § 307(l)(8), Dec. 12, 1991, 105 Stat. 1757, provided
that:
‘‘(a)(1) Notwithstanding any numerical limitations
specified in the Immigration and Nationality Act [8
U.S.C. 1101 et seq.], the Attorney General may admit
aliens described in subsection (b) to the United States
as immigrants if—
‘‘(A) they are admissible (except as otherwise provided in paragraph (2)) as immigrants, and
‘‘(B) they are issued an immigrant visa and depart
from Vietnam on or after March 22, 1988.
‘‘(2) The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(4), (5), and (7)(A)] shall not be applicable to any alien seeking admission to the United States
under this section, and the Attorney General on the
recommendation of a consular officer may waive any
other provision of such section (other than paragraph
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph
(3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in
the public interest. Any such waiver by the Attorney
General shall be in writing and shall be granted only on
an individual basis following an investigation by a consular officer.
‘‘(3) Notwithstanding section 221(c) of the Immigration and Nationality Act [8 U.S.C. 1201(c)], immigrant
visas issued to aliens under this section shall be valid
for a period of one year.
‘‘(b)(1) An alien described in this section is an alien
who, as of the date of the enactment of this Act [Dec.
22, 1987], is residing in Vietnam and who establishes to
the satisfaction of a consular officer or an officer of the
Immigration and Naturalization Service after a faceto-face interview, that the alien—
‘‘(A)(i) was born in Vietnam after January 1, 1962,
and before January 1, 1976, and (ii) was fathered by a
citizen of the United States (such an alien in this section referred to as a ‘principal alien’);
‘‘(B) is the spouse or child of a principal alien and
is accompanying, or following to join, the principal
alien; or
‘‘(C) subject to paragraph (2), either (i) is the principal alien’s natural mother (or is the spouse or child
of such mother), or (ii) has acted in effect as the principal alien’s mother, father, or next-of-kin (or is the
spouse or child of such an alien), and is accompanying, or following to join, the principal alien.
‘‘(2) An immigrant visa may not be issued to an alien
under paragraph (1)(C) unless the officer referred to in
paragraph (1) has determined, in the officer’s discretion, that (A) such an alien has a bona fide relationship
with the principal alien similar to that which exists between close family members and (B) the admission of
such an alien is necessary for humanitarian purposes or
to assure family unity. If an alien described in paragraph (1)(C)(ii) is admitted to the United States, the
natural mother of the principal alien involved shall
not, thereafter, be accorded any right, privilege, or
status under the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] by virtue of such parentage.
‘‘(3) For purposes of this section, the term ‘child’ has
the meaning given such term in section 101(b)(1)(A),
(B), (C), (D), and (E) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A)–(E)].

§ 1101

‘‘(c) Any alien admitted (or awaiting admission) to
the United States under this section shall be eligible
for benefits under chapter 2 of title IV of the Immigration and Nationality Act [8 U.S.C. 1521 et seq.] to the
same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such
Act [8 U.S.C. 1157] are eligible for benefits under such
chapter.
‘‘(d) The Attorney General, in cooperation with the
Secretary of State, shall report to Congress 1 year, 2
years, and 3 years, after the date of the enactment of
this Act [Dec. 22, 1987] on the implementation of this
section. Each such report shall include the number of
aliens who are issued immigrant visas and who are admitted to the United States under this section and
number of waivers granted under subsection (a)(2) and
the reasons for granting such waivers.
‘‘(e) Except as otherwise specifically provided in this
section, the definitions contained in the Immigration
and Nationality Act [8 U.S.C. 1101 et seq.] shall apply in
the administration of this section and nothing contained in this section shall be held to repeal, amend,
alter, modify, effect, or restrict the powers, duties,
functions, or authority of the Attorney General in the
administration and enforcement of such Act or any
other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be
granted the status of having been lawfully admitted for
permanent residence under this section shall not preclude the alien from seeking such status under any
other provision of law for which the alien may be eligible.’’
[Section 307(l)(8) of Pub. L. 102–232 provided that the
amendment made by that section to section 101(e) [title
V, § 584(a)(2)] of Pub. L. 100–202, set out above, is effective as if included in section 603(a) of the Immigration
Act of 1990, Pub. L. 101–649.]
[Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat. 1996,
provided that the amendment made by Pub. L. 101–513
to Pub. L. 100–202, § 101(e) [title V, § 584(b)(2)], set out
above, is effective Dec. 22, 1987.]
AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT
AND SERVICE ACTIVITIES OF IMMIGRATION AND NATURALIZATION SERVICE
Section 111 of Pub. L. 99–603 provided that:
‘‘(a) TWO ESSENTIAL ELEMENTS.—It is the sense of
Congress that two essential elements of the program of
immigration control established by this Act [see Short
Title of 1986 Amendments note above] are—
‘‘(1) an increase in the border patrol and other inspection and enforcement activities of the Immigration and Naturalization Service and of other appropriate Federal agencies in order to prevent and deter
the illegal entry of aliens into the United States and
the violation of the terms of their entry, and
‘‘(2) an increase in examinations and other service
activities of the Immigration and Naturalization
Service and other appropriate Federal agencies in
order to ensure prompt and efficient adjudication of
petitions and applications provided for under the Immigration and Nationality Act [this chapter].
‘‘(b) INCREASED AUTHORIZATION OF APPROPRIATIONS
FOR INS AND EOIR.—In addition to any other amounts
authorized to be appropriated, in order to carry out
this Act there are authorized to be appropriated to the
Department of Justice—
‘‘(1) for the Immigration and Naturalization Service, for fiscal year 1987, $422,000,000, and for fiscal year
1988, $419,000,000; and
‘‘(2) for the Executive Office of Immigration Review, for fiscal year 1987, $12,000,000, and for fiscal
year 1988, $15,000,000.
Of the amounts authorized to be appropriated under
paragraph (1) sufficient funds shall be available to provide for an increase in the border patrol personnel of
the Immigration and Naturalization Service so that the
average level of such personnel in each of fiscal years
1987 and 1988 is at least 50 percent higher than such
level for fiscal year 1986.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

‘‘(c) USE OF FUNDS FOR IMPROVED SERVICES.—Of the
funds appropriated to the Department of Justice for the
Immigration and Naturalization Service, the Attorney
General shall provide for improved immigration and
naturalization services and for enhanced community
outreach and in-service training of personnel of the
Service. Such enhanced community outreach may include the establishment of appropriate local community taskforces to improve the working relationship between the Service and local community groups and organizations (including employers and organizations
representing minorities).
‘‘(d) SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR WAGE AND HOUR ENFORCEMENT.—There are
authorized to be appropriated, in addition to such sums
as may be available for such purposes, such sums as
may be necessary to the Department of Labor for enforcement activities of the Wage and Hour Division and
the Office of Federal Contract Compliance Programs
within the Employment Standards Administration of
the Department in order to deter the employment of
unauthorized aliens and remove the economic incentive
for employers to exploit and use such aliens.’’
ELIGIBILITY OF H–2 AGRICULTURAL WORKERS FOR
CERTAIN LEGAL ASSISTANCE
Section 305 of Pub. L. 99–603 provided that: ‘‘A nonimmigrant worker admitted to or permitted to remain
in the United States under section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) for agricultural labor or service
shall be considered to be an alien described in section
101(a)(20) of such Act (8 U.S.C. 1101(a)(20)) for purposes
of establishing eligibility for legal assistance under the
Legal Services Corporation Act (42 U.S.C. 2996 et seq.),
but only with respect to legal assistance on matters relating to wages, housing, transportation, and other employment rights as provided in the worker’s specific
contract under which the nonimmigrant was admitted.’’
DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASE
OF STRIKES
Section 315(d) of Pub. L. 99–603 provided that:
‘‘(1) Except as provided in paragraph (2), during the
one-year period beginning on the date of the enactment
of this Act [Nov. 6, 1986], an alien may not be admitted
to the United States as an alien crewman (under section 101(a)(15)(D) of the Immigration and Nationality
Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of performing service on board a vessel or aircraft at a time when
there is a strike in the bargaining unit of the employer
in which the alien intends to perform such service.
‘‘(2) Paragraph (1) shall not apply to an alien employee who was employed before the date of the strike
concerned and who is seeking admission to enter the
United States to continue to perform services as a
crewman to the same extent and on the same routes as
the alien performed such services before the date of the
strike.’’
SENSE OF CONGRESS RESPECTING CONSULTATION WITH
MEXICO
Section 407 of Pub. L. 99–603 provided that: ‘‘It is the
sense of the Congress that the President of the United
States should consult with the President of the Republic of Mexico within 90 days after enactment of this Act
[Nov. 6, 1986] regarding the implementation of this Act
[see Short Title of 1986 Amendments note above] and
its possible effect on the United States or Mexico. After
the consultation, it is the sense of the Congress that
the President should report to the Congress any legislative or administrative changes that may be necessary
as a result of the consultation and the enactment of
this legislation.’’
COMMISSION FOR THE STUDY OF INTERNATIONAL
MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT
Section 601 of Pub. L. 99–603, as amended by Pub. L.
100–525, § 2(r), Oct. 24, 1988, 102 Stat. 2614, provided for

Page 56

establishment, membership, etc., of a Commission for
the Study of International Migration and Cooperative
Economic Development to examine, in consultation
with governments of Mexico and other sending countries in Western Hemisphere, the conditions which contribute to unauthorized migration to United States and
mutually beneficial reciprocal trade and investment
programs to alleviate conditions leading to such unauthorized migration and to report to President and Congress, not later than 3 years after appointment of members of Commission, on results of Commission’s examination with recommendations on providing mutually
beneficial reciprocal trade and investment programs to
alleviate such unauthorized migration.
TREATMENT OF DEPARTURES FROM GUAM
Section 2 of Pub. L. 99–505 provided that: ‘‘In the
administration of section 101(a)(15)(D)(ii) of the
Immigration
and
Nationality
Act
[8
U.S.C.
1101(a)(15)(D)(ii)] (added by the amendment made by
section 1 of this Act), an alien crewman shall be considered to have departed from Guam after leaving the territorial waters of Guam, without regard to whether the
alien arrives in a foreign state before returning to
Guam.’’
ALIEN EMPLOYEES OF AMERICAN UNIVERSITY OF BEIRUT
Priv. L. 98–53, Oct. 30, 1984, 98 Stat. 3437, provided:
‘‘That an alien lawfully admitted to the United States
for permanent residence shall be considered, for purposes of section 101(a)(27)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(A)), to be temporarily visiting abroad during any period (before or after
the date of the enactment of this Act [Oct. 30, 1984]) in
which the alien is employed by the American University of Beirut.’’
STUDY AND EVALUATION OF EXCHANGE PROGRAMS FOR
GRADUATE MEDICAL EDUCATION OF ALIEN GRADUATES
OF FOREIGN MEDICAL SCHOOLS; REPORT TO CONGRESS
NOT LATER THAN JANUARY 15, 1983
Section 5(e) of Pub. L. 97–116 directed Secretary of
Health and Human Services, after consultation with
Attorney General, Secretary of State, and Director of
the International Communication Agency, to evaluate
effectiveness and value to foreign nations and United
States of exchange programs for graduate medical education or training of aliens who were graduates of foreign medical schools, and to report to Congress, not
later than Jan. 15, 1983, on such evaluation, and include
such recommendations for changes in legislation and
regulations as appropriate.
ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN ISLANDS TO PERMANENT RESIDENT ALIEN STATUS
Upon application during the one-year period beginning Sept. 30, 1982, by an alien who was inspected and
admitted to the Virgin Islands of the United States either as a nonimmigrant alien worker under subsec.
(a)(15)(H)(ii) of this section or as a spouse or minor
child of such worker, and has resided continuously in
the Virgin Islands since June 30, 1975, the Attorney
General may adjust the status of such nonimmigrant
alien to that of an alien lawfully admitted for permanent residence, provided certain conditions are met,
and such alien is not to be deported for failure to maintain nonimmigrant status until final action is taken on
the alien’s application for adjustment, see section 2(a),
(b) of Pub. L. 97–271, set out as a note under section 1255
of this title.
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 section
1184(c) of this title in the case of importing any alien
as a nonimmigrant under subsec. (a)(15)(H)(ii) of this

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TITLE 8—ALIENS AND NATIONALITY

section for employment in the Virgin Islands of the
United States other than as an entertainer or as an
athlete and for a period not exceeding 45 days, see section 3 of Pub. L. 97–271, set out as a note under section
1255 of this title.
LIMITATION ON ADMISSION OF SPECIAL IMMIGRANTS
Section 3201(c) of Pub. L. 96–70 provided that notwithstanding any other provision of law, not more than
15,000 individuals could be admitted to the United
States as special immigrants under subparagraphs (E),
(F), and (G) of subsec. (a)(27) of this section, of which
not more than 5,000 could be admitted in any fiscal
year, prior to repeal by Pub. L. 103–416, title II, § 212(a),
Oct. 25, 1994, 108 Stat. 4314.
EX. ORD. NO. 12711. POLICY IMPLEMENTATION WITH
RESPECT TO NATIONALS OF PEOPLE’S REPUBLIC OF CHINA
Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
the Attorney General and the Secretary of State are
hereby ordered to exercise their authority, including
that under the Immigration and Nationality Act (8
U.S.C. 1101–1557), as follows:
SECTION 1. The Attorney General is directed to take
any steps necessary to defer until January 1, 1994, the
enforced departure of all nationals of the People’s Republic of China (PRC) and their dependents who were in
the United States on or after June 5, 1989, up to and including the date of this order (hereinafter ‘‘such PRC
nationals’’).
SEC. 2. The Secretary of State and the Attorney General are directed to take all steps necessary with respect to such PRC nationals (a) to waive through January 1, 1994, the requirement of a valid passport and (b)
to process and provide necessary documents, both within the United States and at U.S. consulates overseas, to
facilitate travel across the borders of other nations and
reentry into the United States in the same status such
PRC nationals had upon departure.
SEC. 3. The Secretary of State and the Attorney General are directed to provide the following protections:
(a) irrevocable waiver of the 2-year home country residence requirement that may be exercised until January 1, 1994, for such PRC nationals;
(b) maintenance of lawful status for purposes of adjustment of status or change of nonimmigrant status
for such PRC nationals who were in lawful status at
any time on or after June 5, 1989, up to and including
the date of this order;
(c) authorization for employment of such PRC nationals through January 1, 1994; and
(d) notice of expiration of nonimmigrant status (if
applicable) rather than the institution of deportation
proceedings, and explanation of options available for
such PRC nationals eligible for deferral of enforced departure whose nonimmigrant status has expired.
SEC. 4. The Secretary of State and the Attorney General are directed to provide for enhanced consideration
under the immigration laws for individuals from any
country who express a fear of persecution upon return
to their country related to that country’s policy of
forced abortion or coerced sterilization, as implemented by the Attorney General’s regulation effective
January 29, 1990.
SEC. 5. The Attorney General is directed to ensure
that the Immigration and Naturalization Service finalizes and makes public its position on the issue of training for individuals in F–1 visa status and on the issue
of reinstatement into lawful nonimmigrant status of
such PRC nationals who have withdrawn their applications for asylum.
SEC. 6. The Departments of Justice and State are directed to consider other steps to assist such PRC nationals in their efforts to utilize the protections that I
have extended pursuant to this order.
SEC. 7. This order shall be effective immediately.
GEORGE BUSH.

§ 1101

DETERRING ILLEGAL IMMIGRATION
Memorandum of President of the United States, Feb.
7, 1995, 60 F.R. 7885, provided:
Memorandum for the Heads of Executive Departments and Agencies
It is a fundamental right and duty for a nation to
protect the integrity of its borders and its laws. This
Administration shall stand firm against illegal immigration and the continued abuse of our immigration
laws. By closing the back door to illegal immigration,
we will continue to open the front door to legal immigrants.
My Administration has moved swiftly to reverse the
course of a decade of failed immigration policies. Our
initiatives have included increasing overall Border personnel by over 50 percent since 1993. We also are
strengthening worksite enforcement and work authorization verification to deter employment of illegal
aliens. Asylum rules have been reformed to end abuse
by those falsely claiming asylum, while offering protection to those in genuine fear of persecution. We are
cracking down on smugglers of illegal aliens and reforming criminal alien deportation for quicker removal. And we are the first Administration to obtain
funding to reimburse States for a share of the costs of
incarcerating criminal illegal aliens.
While we already are doing more to stem the flow of
illegal immigration than has any previous Administration, more remains to be done. In conjunction with the
Administration’s unprecedented budget proposal to
support immigration initiatives, this directive provides
a blueprint of policies and priorities for this Administration’s continuing work to curtail illegal immigration. With its focus on strong border deterrence backed
up by effective worksite enforcement, removal of criminal and other deportable aliens and assistance to
states, this program protects the security of our borders, our jobs and our communities for all Americans—
citizens and legal immigrants alike.
COMPREHENSIVE BORDER CONTROL STRATEGY
A. Deterring Illegal Immigration At Our Borders
I have directed the Attorney General to move expeditiously toward full implementation of our comprehensive border control strategy, including efforts at the
southwest border. To support sustained long-term
strengthening of our deterrence capacity, the Administration shall seek funding to add new Border Patrol
agents to reach the goal of at least 7,000 agents protecting our borders by the year 2000.
Flexible Border Response Capacity
To further this strategy, the Department of Justice
shall implement the capacity to respond to emerging
situations anywhere along our national borders to
deter buildups of illegal border crossers, smuggling operations, or other developing problems.
Strategic Use of High Technology
Through the strategic use of sensors, night scopes,
helicopters, light planes, all-terrain vehicles, fingerprinting and automated recordkeeping, we have freed
many Border Patrol agents from long hours of bureaucratic tasks and increased the effectiveness of these
highly-trained personnel. Because these tools are essential for the Immigration and Naturalization Service
(INS) to do its job, I direct the Attorney General to accelerate to the greatest extent possible their utilization and enhancement to support implementation of
our deterrence strategy.
Strong Enforcement Against Repeat Illegal Crossers
The Department of Justice shall assess the effectiveness of efforts underway to deter repeat illegal crossers, such as fingerprinting and dedicating prosecution
resources to enforce the new prosecution authority provided by the Violent Crime Control and Law Enforcement Act of 1994 [Pub. L. 103–322, see Tables for classification].
The Department of Justice shall determine whether
accelerated expansion of these techniques to additional
border sectors is warranted.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

B. Deterring Alien Smuggling
This Administration has had success deterring large
ship-based smuggling directly to United States shores.
In response, smugglers are testing new routes and tactics. Our goal: similar success in choking off these attempts by adjusting our anti-smuggling initiatives to
anticipate shifting smuggling patterns.
To meet new and continuing challenges posed along
transport routes and in foreign locations by smuggling
organizations, we will augment diplomatic and enforcement resources at overseas locations to work with host
governments, and increase related intelligence gathering efforts.
The Departments of State and Justice, in cooperation
with other relevant agencies, will report to the National Security Council within 30 days on the structure
of interagency coordination to achieve these objectives.
Congressional action will be important to provide
U.S. law enforcement agencies with needed authority
to deal with international smuggling operations. I will
propose that the Congress pass legislation providing
wiretap authority for investigation of alien smuggling
cases and providing authorization to seize the assets of
groups engaged in trafficking in human cargo.
In addition, I will propose legislation to give the Attorney General authority to implement procedures for
expedited exclusion to deal with large flows of undocumented migrants, smuggling operations, and other extraordinary migration situations.
C. Visa Overstay Deterrence
Nearly half of this country’s illegal immigrants come
into the country legally and then stay after they are
required by law to depart, often using fraudulent documentation. No Administration has ever made a serious
effort to identify and deport these individuals. This Administration is committed to curtailing this form of illegal immigration.
Therefore, relevant departments and agencies are directed to review their policies and practices to identify
necessary reforms to curtail visa overstayers and to enhance investigations and prosecution of those who
fraudulently produce or misuse passports, visas, and
other travel related documents. Recommendations for
administrative initiatives and legislative reform shall
be presented to the White House Interagency Working
Group on Immigration by June 30, 1995.
REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT, AND DETERRENCE
Border deterrence cannot succeed if the lure of jobs
in the United States remains. Therefore, a second
major component of the Administration’s deterrence
strategy is to toughen worksite enforcement and employer sanctions. Employers who hire illegal immigrants not only obtain unfair competitive advantage
over law-abiding employers, their unlawful use of illegal immigrants suppresses wages and working conditions for our country’s legal workers. Our strategy,
which targets enforcement efforts at employers and industries that historically have relied upon employment
of illegal immigrants, will not only strengthen deterrence of illegal immigration, but better protect American workers and businesses that do not hire illegal immigrants.
Central to this effort is an effective, nondiscriminatory means of verifying the employment authorization of all new employees. The Administration fully
supports the recommendation of the Commission on
Legal Immigration Reform to create pilot projects to
test various techniques for improving workplace verification, including a computer database test to validate a new worker’s social security number for work
authorization purposes. The Immigration and Naturalization Service (INS) and Social Security Administration are directed to establish, implement, monitor,
and review the pilots and provide me with an interim
report on the progress of this program by March 1, 1996.

Page 58

In addition, the INS is directed to finalize the Administration’s reduction of the number of authorized documents to support work verification for noncitizens.
Concurrently, the Administration will seek further reduction legislatively in the number of documents that
are acceptable for proving identity and work authorization. The Administration will improve the security of
existing documents to be used for work authorization
and seek increased penalties for immigration fraud, including fraudulent production and use of documents.
The Department of Labor shall intensify its investigations in industries with patterns of labor law violations that promote illegal immigration.
I also direct the Department of Labor, INS, and other
relevant Federal agencies to expand their collaboration
in cracking down on those who subvert fair competition by hiring illegal aliens. This may include increased Federal authority to confiscate assets that are
the fruits of that unfair competition.
The White House Interagency Working Group on Immigration shall further examine the link between immigration and employment, including illegal immigration, and recommend to me other appropriate measures.
DETENTION AND REMOVAL OF DEPORTABLE
ILLEGAL ALIENS
The Administration’s deterrence strategy includes
strengthening the country’s detention and deportation
capability. No longer will criminals and other high risk
deportable aliens be released back into communities
because of a shortage of detention space and ineffective
deportation procedures.
A. Comprehensive Deportation Process Reform
The Department of Justice, in consultation with
other relevant agencies, shall develop a streamlined,
fair, and effective procedure to expedite removal of deportable aliens. As necessary, additional legislative authority will be sought in this area. In addition, the Department of Justice shall increase its capacity to staff
deportation and exclusion hearings to support these objectives.
B. National Detention and Removal Plan
To address the shortage of local detention space for
illegal aliens, the Administration shall devise a National Detention, Transportation, and Removal Policy
that will permit use of detention space across the
United States and improve the ability to remove individuals with orders of deportation. The Department of
Justice, in consultation with other agencies as appropriate and working under the auspices of the White
House Interagency Working Group on Immigration,
shall finalize this plan by April 30, 1995.
The Administration will seek support and funding
from the Congress for this plan and for our efforts to
double the removal of illegal aliens with final orders of
deportation.
C. Identification and Removal of Criminal Aliens
The Institutional Hearing Program is successfully expediting deportation of incarcerated criminal aliens
after they serve their sentences.
To further expedite removal of criminal aliens from
this country and reduce costs to Federal and State governments, the Department of Justice is directed to develop an expanded program of verification of the immigration status of criminal aliens within our country’s
prisons. In developing this program, the viability of expanding the work of the Law Enforcement Support
Center should be assessed and all necessary steps taken
to increase coordination and cooperative efforts with
State, and local law enforcement officers in identification of criminal aliens.
TARGETED DETERRENCE AREAS
Many of the Administration’s illegal immigration enforcement initiatives are mutually reinforcing. For example, strong interior enforcement supports border

Page 59

TITLE 8—ALIENS AND NATIONALITY

control. While there have been efforts over the years at
piecemeal cooperation, this Administration will examine, develop, and test a more comprehensive coordinated package of deterrence strategies in selected metropolitan areas by multiple Federal, State, and local
agencies.
The White House Interagency Working Group on Immigration shall coordinate the development of this
interagency and intergovernmental operation.
VERIFICATION OF ELIGIBILITY FOR BENEFITS
The law denies most government benefits to illegal
aliens. The government has a duty to assure that taxpayer-supported public assistance programs are not
abused. As with work authorization, enforcement of eligibility requirements relies upon a credible system of
verification. The INS, working with the White House
Interagency Working Group on Immigration as appropriate, shall review means of improving the existing
benefits verification program. In addition, we will seek
new mechanisms—including increased penalties for
false information used to qualify for benefits—to protect the integrity of public programs.
ANTI-DISCRIMINATION
Our efforts to combat illegal immigration must not
violate the privacy and civil rights of legal immigrants
and U.S. citizens. Therefore, I direct the Attorney General, the Secretary of Health and Human Services, the
Chair of the Equal Employment Opportunity Commission, and other relevant Administration officials to
vigorously protect our citizens and legal immigrants
from immigration-related instances of discrimination
and harassment. All illegal immigration enforcement
measures shall be taken with due regard for the basic
human rights of individuals and in accordance with our
obligations under applicable international agreements.
ASSISTANCE TO STATES
States today face significant costs for services provided to illegal immigrants as a result of failed policies
of the past. Deterring illegal immigration is the best
long-term solution to protect States from growing
costs for illegal immigration. This is the first Administration to address this primary responsibility squarely.
We are targeting most of our Federal dollars to those
initiatives that address the root causes that lead to increased burdens on States.
The Federal Government provides States with billions of dollars to provide for health care, education,
and other services and benefits for immigrants. This
Administration is proposing increases for immigration
and immigration-related spending of 25 percent in 1996
compared to 1993 levels. In addition, this Administration is the first to obtain funding from the Congress to
reimburse States for a share of the costs of incarcerated illegal aliens.
This Administration will continue to work with
States to obtain more Federal help for certain State
costs and will oppose inappropriate cost-shifting to the
States.
INTERNATIONAL COOPERATION
This Administration will continue to emphasize
international cooperative efforts to address illegal immigration.
Pursuant to a Presidential Review Directive (PRD),
the Department of State is now coordinating a study
on United States policy toward international refugee
and migration affairs. I hereby direct that, as part of
that PRD process, this report to the National Security
Council include the relationship of economic development and migration in the Western Hemisphere and, in
particular, provide recommendations for further foreign economic policy measures to address causes of illegal immigration.
The Department of State shall coordinate an interagency effort to consider expanded arrangements with
foreign governments for return of criminal and deportable aliens.

§ 1102

The Department of State also shall seek to negotiate
readmission agreements for persons who could have
sought asylum in the last country from which they arrived. Such agreements will take due regard of U.S. obligations under the Protocol Relating to the Status of
Refugees.
The Department of State further shall implement cooperative efforts with other nations receiving smuggled
aliens or those used as transhipment points by smugglers. In particular, we will look to countries in our
hemisphere to join us by denying their territory as
bases for smuggling operations.
The Department of State shall initiate negotiations
with foreign countries to secure authority for the
United States Coast Guard to board source country vessels suspected of transporting smuggled aliens.
This directive shall be published in the Federal Register.
WILLIAM J. CLINTON.
DEFINITIONS
Section 1(c) of div. C of Pub. L. 104–208 provided that:
‘‘Except as otherwise specifically provided in this division [see Tables for classification], for purposes of
titles I [enacting section 1225a of this title and section
758 of Title 18, Crimes and Criminal Procedure, amending this section and sections 1103, 1182, 1251, 1325, 1356,
and 1357 of this title, and enacting provisions set out as
notes under this section, sections 1103, 1182, 1221, 1325,
and 1356 of this title, and section 758 of Title 18] and VI
[enacting sections 1363b and 1372 to 1375 of this title and
section 116 of Title 18, amending this section, sections
1105a, 1151, 1152, 1154, 1157, 1158, 1160, 1182, 1184, 1187, 1189,
1201, 1202, 1251, 1252a, 1255 to 1255b, 1258, 1288, 1483, 1323,
1324, 1324b, 1356, and 1522 of this title, section 112 of
Title 32, National Guard, and section 191 of Title 50,
War and National Defense, enacting provisions set out
as notes under this section, sections 1153, 1158, 1161,
1182, 1187, 1189, 1202, 1255, 1433, and 1448 of this title, section 301 of Title 5, Government Organization and Employees, section 116 of Title 18, and section 405 of Title
42, The Public Health and Welfare, and amending provisions set out as notes under sections 1159, 1182, 1252,
1255a, 1323, 1401, and 1430 of this title] of this division,
the terms ‘alien’, ‘Attorney General’, ‘border crossing
identification card’, ‘entry’, ‘immigrant’, ‘immigrant
visa’, ‘lawfully admitted for permanent residence’, ‘national’, ‘naturalization’, ‘refugee’, ‘State’, and ‘United
States’ shall have the meaning given such terms in section 101(a) of the Immigration and Nationality Act [8
U.S.C. 1101(a)].’’
Section 594 of title V of div. C of Pub. L. 104–208 provided that: ‘‘Except as otherwise provided in this title
[see Effective Date of 1996 Amendment note above], for
purposes of this title—
‘‘(1) the terms ‘alien’, ‘Attorney General’, ‘national’, ‘naturalization’, ‘State’, and ‘United States’
shall have the meaning given such terms in section
101(a) of the Immigration and Nationality Act [8
U.S.C. 1101(a)]; and
‘‘(2) the term ‘child’ shall have the meaning given
such term in section 101(c) of the Immigration and
Nationality Act.’’
Section 14 of Pub. L. 85–316 provided that: ‘‘Except as
otherwise specifically provided in this Act, the definitions contained in subsections (a) and (b) of section 101
of the Immigration and Nationality Act [8 U.S.C.
1101(a), (b)] shall apply to sections 4, 5, 6, 7, 8, 9, 12, 13,
and 15 of this Act [enacting sections 1182b, 1182c, 1201a,
1205, 1251a, 1255a, and 1255b of this title and provisions
set out as notes under section 1153 of this title and section 1971a of the Appendix to Title 50, War and National
Defense.]’’
Many of the terms listed in this section are similarly
defined in section 782 of Title 50, War and National Defense.

§ 1102. Diplomatic and semidiplomatic immunities
Except as otherwise provided in this chapter,
for so long as they continue in the non-

§ 1103

TITLE 8—ALIENS AND NATIONALITY

immigrant classes enumerated in this section,
the provisions of this chapter relating to ineligibility to receive visas and the removal of
aliens shall not be construed to apply to nonimmigrants—
(1) within the class described in paragraph
(15)(A)(i) of section 1101(a) of this title, except
those provisions relating to reasonable requirements of passports and visas as a means
of identification and documentation necessary
to establish their qualifications under such
paragraph (15)(A)(i), and, under such rules and
regulations as the President may deem to be
necessary, the provisions of subparagraphs (A)
through (C) of section 1182(a)(3) of this title;
(2) within the class described in paragraph
(15)(G)(i) of section 1101(a) of this title, except
those provisions relating to reasonable requirements of passports and visas as a means
of identification and documentation necessary
to establish their qualifications under such
paragraph (15)(G)(i), and the provisions of subparagraphs (A) through (C) of section 1182(a)(3)
of this title; and
(3) within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or
(15)(G)(iv) of section 1101(a) of this title, except those provisions relating to reasonable
requirements of passports and visas as a
means of identification and documentation
necessary to establish their qualifications
under such paragraphs, and the provisions of
subparagraphs (A) through (C) of section
1182(a)(3) of this title.
(June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173;
Pub. L. 100–525, § 9(b), Oct. 24, 1988, 102 Stat. 2619;
Pub. L. 101–649, title VI, § 603(a)(2), Nov. 29, 1990,
104 Stat. 5082; Pub. L. 102–232, title III, § 307(i),
Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104–208, div.
C, title III, § 308(d)(4)(B), Sept. 30, 1996, 110 Stat.
3009–617.)
REFERENCES IN TEXT
This chapter, referred to in introductory provisions,
was in the original, ‘‘this Act’’, meaning act June 27,
1952, ch. 477, 66 Stat. 163, known as the Immigration and
Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1996—Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘exclusion or deportation’’ in introductory provisions.
1991—Pars. (1) to (3). Pub. L. 102–232 substituted ‘‘subparagraphs (A) through (C) of section 1182(a)(3) of this
title’’ for ‘‘paragraph (3) (other than subparagraph (E))
of section 1182(a) of this title’’.
1990—Pars. (1) to (3). Pub. L. 101–649 substituted ‘‘(3)
(other than subparagraph (E))’’ for ‘‘(27)’’ in pars. (1)
and (2), and ‘‘paragraph (3) (other than subparagraph
(E))’’ for ‘‘paragraphs (27) and (29)’’ in par. (3).
1988—Par. (2). Pub. L. 100–525 substituted ‘‘documentation’’ for ‘‘documentaion’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–232 effective as if included
in the enactment of the Immigration Act of 1990, Pub.

Page 60

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 Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.
DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO
UNITED NATIONS
Pub. L. 101–246, title IV, § 407, Feb. 16, 1990, 104 Stat.
67, provided that:
‘‘(a) IN GENERAL.—The President shall use his authority, including the authorities contained in section 6 of
the United Nations Headquarters Agreement Act (Public Law 80–357) [Aug. 4, 1947, ch. 482, set out as a note
under 22 U.S.C. 287], to deny any individual’s admission
to the United States as a representative to the United
Nations if the President determines that such individual has been found to have been engaged in espionage
activities directed against the United States or its allies and may pose a threat to United States national
security interests.
‘‘(b) WAIVER.—The President may waive the provisions of subsection (a) if the President determines, and
so notifies the Congress, that such a waiver is in the
national security interests of the United States.’’

§ 1103. Powers and duties of the Secretary, the
Under Secretary, and the Attorney General
(a) Secretary of Homeland Security
(1) The Secretary of Homeland Security shall
be charged with the administration and enforcement of this chapter and all other laws relating
to the immigration and naturalization of aliens,
except insofar as this chapter or such laws relate to the powers, functions, and duties conferred upon the President, Attorney General, the
Secretary of State, the officers of the Department of State, or diplomatic or consular officers: Provided, however, That determination and
ruling by the Attorney General with respect to
all questions of law shall be controlling.
(2) He shall have control, direction, and supervision of all employees and of all the files and
records of the Service.
(3) He shall establish such regulations; prescribe such forms of bond, reports, entries, and
other papers; issue such instructions; and perform such other acts as he deems necessary for
carrying out his authority under the provisions
of this chapter.
(4) He may require or authorize any employee
of the Service or the Department of Justice to
perform or exercise any of the powers, privileges, or duties conferred or imposed by this
chapter or regulations issued thereunder upon
any other employee of the Service.
(5) He shall have the power and duty to control
and guard the boundaries and borders of the
United States against the illegal entry of aliens
and shall, in his discretion, appoint for that purpose such number of employees of the Service as
to him shall appear necessary and proper.
(6) He is authorized to confer or impose upon
any employee of the United States, with the
consent of the head of the Department or other
independent establishment under whose jurisdiction the employee is serving, any of the powers,
privileges, or duties conferred or imposed by
this chapter or regulations issued thereunder
upon officers or employees of the Service.

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TITLE 8—ALIENS AND NATIONALITY

(7) He may, with the concurrence of the Secretary of State, establish offices of the Service
in foreign countries; and, after consultation
with the Secretary of State, he may, whenever
in his judgment such action may be necessary to
accomplish the purposes of this chapter, detail
employees of the Service for duty in foreign
countries.
(8) After consultation with the Secretary of
State, the Attorney General may authorize officers of a foreign country to be stationed at preclearance facilities in the United States for the
purpose of ensuring that persons traveling from
or through the United States to that foreign
country comply with that country’s immigration and related laws.
(9) Those officers may exercise such authority
and perform such duties as United States immigration officers are authorized to exercise and
perform in that foreign country under reciprocal
agreement, and they shall enjoy such reasonable
privileges and immunities necessary for the performance of their duties as the government of
their country extends to United States immigration officers.
(10) In the event the Attorney General determines that an actual or imminent mass influx of
aliens arriving off the coast of the United
States, or near a land border, presents urgent
circumstances requiring an immediate Federal
response, the Attorney General may authorize
any State or local law enforcement officer, with
the consent of the head of the department, agency, or establishment under whose jurisdiction
the individual is serving, to perform or exercise
any of the powers, privileges, or duties conferred
or imposed by this chapter or regulations issued
thereunder upon officers or employees of the
Service.
(11) The Attorney General, in support of persons in administrative detention in non-Federal
institutions, is authorized—
(A) to make payments from funds appropriated for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration for necessary clothing, medical care, necessary guard
hire, and the housing, care, and security of
persons detained by the Service pursuant to
Federal law under an agreement with a State
or political subdivision of a State; and
(B) to enter into a cooperative agreement
with any State, territory, or political subdivision thereof, for the necessary construction,
physical renovation, acquisition of equipment,
supplies or materials required to establish acceptable conditions of confinement and detention services in any State or unit of local government which agrees to provide guaranteed
bed space for persons detained by the Service.
(b) Land acquisition authority
(1) The Attorney General may contract for or
buy any interest in land, including temporary
use rights, adjacent to or in the vicinity of an
international land border when the Attorney
General deems the land essential to control and
guard the boundaries and borders of the United
States against any violation of this chapter.
(2) The Attorney General may contract for or
buy any interest in land identified pursuant to

§ 1103

paragraph (1) as soon as the lawful owner of that
interest fixes a price for it and the Attorney
General considers that price to be reasonable.
(3) When the Attorney General and the lawful
owner of an interest identified pursuant to paragraph (1) are unable to agree upon a reasonable
price, the Attorney General may commence condemnation proceedings pursuant to section 3113
of title 40.
(4) The Attorney General may accept for the
United States a gift of any interest in land identified pursuant to paragraph (1).
(c) Commissioner; appointment
The Commissioner shall be a citizen of the
United States and shall be appointed by the
President, by and with the advice and consent of
the Senate. He shall be charged with any and all
responsibilities and authority in the administration of the Service and of this chapter which are
conferred upon the Attorney General as may be
delegated to him by the Attorney General or
which may be prescribed by the Attorney General. The Commissioner may enter into cooperative agreements with State and local law enforcement agencies for the purpose of assisting
in the enforcement of the immigration laws.
(d) Statistical information system
(1) The Commissioner, in consultation with interested academicians, government agencies,
and other parties, shall provide for a system for
collection and dissemination, to Congress and
the public, of information (not in individually
identifiable form) useful in evaluating the social, economic, environmental, and demographic
impact of immigration laws.
(2) Such information shall include information
on the alien population in the United States, on
the rates of naturalization and emigration of
resident aliens, on aliens who have been admitted, paroled, or granted asylum, on nonimmigrants in the United States (by occupation,
basis for admission, and duration of stay), on
aliens who have not been admitted or have been
removed from the United States, on the number
of applications filed and granted for cancellation of removal, and on the number of aliens estimated to be present unlawfully in the United
States in each fiscal year.
(3) Such system shall provide for the collection and dissemination of such information not
less often than annually.
(e) Annual report
(1) The Commissioner shall submit to Congress
annually a report which contains a summary of
the information collected under subsection (d) of
this section and an analysis of trends in immigration and naturalization.
(2) Each annual report shall include information on the number, and rate of denial administratively, of applications for naturalization, for
each district office of the Service and by national origin group.
(f) Minimum number of agents in States
The Attorney General shall allocate to each
State not fewer than 10 full-time active duty
agents of the Immigration and Naturalization
Service to carry out the functions of the Service, in order to ensure the effective enforcement
of this chapter.

§ 1103

TITLE 8—ALIENS AND NATIONALITY

(g) Attorney General
(1) In general
The Attorney General shall have such authorities and functions under this chapter and
all other laws relating to the immigration and
naturalization of aliens as were exercised by
the Executive Office for Immigration Review,
or by the Attorney General with respect to the
Executive Office for Immigration Review, on
the day before the effective date of the Immigration Reform, Accountability and Security
Enhancement Act of 2002.
(2) Powers
The Attorney General shall establish such
regulations, prescribe such forms of bond, reports, entries, and other papers, issue such instructions, review such administrative determinations in immigration proceedings, delegate such authority, and perform such other
acts as the Attorney General determines to be
necessary for carrying out this section.
(June 27, 1952, ch. 477, title I, § 103, 66 Stat. 173;
Pub. L. 100–525, § 9(c), Oct. 24, 1988, 102 Stat. 2619;
Pub. L. 101–649, title I, § 142, Nov. 29, 1990, 104
Stat. 5004; Pub. L. 104–208, div. C, title I, §§ 102(d),
125, 134(a), title III, §§ 308(d)(4)(C), (e)(4), 372, 373,
Sept. 30, 1996, 110 Stat. 3009–555, 3009–562,
3009–564, 3009–618, 3009–620, 3009–646, 3009–647; Pub.
L. 107–296, title XI, § 1102, Nov. 25, 2002, 116 Stat.
2273; Pub. L. 108–7, div. L, § 105(a)(1), (2), Feb. 20,
2003, 117 Stat. 531; Pub. L. 108–458, title V,
§ 5505(a), Dec. 17, 2004, 118 Stat. 3741; Pub. L.
111–122, § 2(a), Dec. 22, 2009, 123 Stat. 3480.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
The Immigration Reform, Accountability and Security Enhancement Act of 2002, referred to in subsec.
(g)(1), was S. 2444 of the 107th Congress, as introduced
on May 2, 2002, which was not enacted into law. Provisions relating to the Executive Office for Immigration
Review are contained in section 521 of Title 6, Domestic
Security.
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in subsec. (b)(3)
for ‘‘the Act of August 1, 1888 (Chapter 728; 25 Stat.
357)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002,
116 Stat. 1303, the first section of which enacted Title
40, Public Buildings, Property, and Works.
AMENDMENTS
2009—Subsec. (h). Pub. L. 111–122 struck out subsec.
(h), which directed the Attorney General to establish
within the Criminal Division of the Department of Justice an Office of Special Investigations and to consult
with the Secretary of Homeland Security concerning
the prosecution or extradition of certain aliens.
2004—Subsec. (h). Pub. L. 108–458 added subsec. (h).
2003—Subsec. (a). Pub. L. 108–7, § 105(a)(1), amended
Pub. L. 107–296, § 1102(2). See 2002 Amendment notes
below.
Pub. L. 108–7, § 105(a)(2), which directed the amendment of Pub. L. 107–296, was executed to section 1102(2)
of Pub. L. 107–296, to reflect the probable intent of Congress. See 2002 Amendment notes below.
2002—Pub. L. 107–296, § 1102(1), amended section catchline generally.

Page 62

Subsec. (a). Pub. L. 107–296, § 1102(2)(A), as added by
Pub. L. 108–7, § 105(a)(1), which directed the substitution
of ‘‘Secretary of Homeland Security’’ for ‘‘Attorney
General’’ in heading, was executed by inserting ‘‘Secretary of Homeland Security’’ as heading, to reflect the
probable intent of Congress.
Subsec. (a)(1). Pub. L. 107–296, § 1102(2)(B), as added by
Pub. L. 108–7, § 105(a)(1), substituted ‘‘The Secretary of
Homeland Security’’ for ‘‘The Attorney General’’.
Pub. L. 107–296, § 1102(2)(C), formerly § 1102(2)(A), as redesignated by Pub. L. 108–7, § 105(a)(2), inserted ‘‘Attorney General,’’ after ‘‘President,’’. See 2003 Amendment
note above.
Subsec. (a)(8) to (11). Pub. L. 107–296, § 1102(2)(D), formerly § 1102(2)(B), as redesignated by Pub. L. 108–7,
§ 105(a)(2), redesignated par. (8), relating to Attorney
General authorization of State and local law enforcement officers in event of mass influx of aliens arriving,
and par. (9), relating to Attorney General authority to
support administrative detention of persons in nonFederal institutions, as pars. (10) and (11), respectively.
See 2003 Amendment note above.
Subsec. (g). Pub. L. 107–296, § 1102(3), added subsec. (g).
1996—Subsec. (a). Pub. L. 104–208, § 372(1), (2), inserted
‘‘(1)’’ before first sentence and designated each sentence after the first sentence, which included second
through ninth sentences, as a separate par. with appropriate consecutive numbering and initial indentation.
Pub. L. 104–208, § 125, inserted at end ‘‘After consultation with the Secretary of State, the Attorney General
may authorize officers of a foreign country to be stationed at preclearance facilities in the United States
for the purpose of ensuring that persons traveling from
or through the United States to that foreign country
comply with that country’s immigration and related
laws. Those officers may exercise such authority and
perform such duties as United States immigration officers are authorized to exercise and perform in that foreign country under reciprocal agreement, and they
shall enjoy such reasonable privileges and immunities
necessary for the performance of their duties as the
government of their country extends to United States
immigration officers.’’
Subsec. (a)(8). Pub. L. 104–208, § 372(3), added at end
par. (8) relating to Attorney General authorization of
State and local law enforcement officers in event of
mass influx of aliens arriving.
Subsec. (a)(9). Pub. L. 104–208, § 373(1), added at end
par. (9) relating to Attorney General authority to support administrative detention of persons in non-Federal institutions.
Subsec. (b). Pub. L. 104–208, § 102(d)(1)(B), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104–208, § 373(2), inserted at end
‘‘The Commissioner may enter into cooperative agreements with State and local law enforcement agencies
for the purpose of assisting in the enforcement of the
immigration laws.’’
Pub. L. 104–208, § 102(d)(1)(A), redesignated subsec. (b)
as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104–208, § 102(d)(1)(A), redesignated
subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 104–208, § 308(e)(4), which directed amendment of subsec. (c)(2) by substituting
‘‘cancellation of removal’’ for ‘‘suspension of deportation’’, was executed by making the substitution in subsec. (d)(2) to reflect the probable intent of Congress and
the redesignation of subsec. (c) as (d) by Pub. L. 104–208,
§ 102(d)(1)(A). See above.
Pub. L. 104–208, § 308(d)(4)(C), which directed amendment of subsec. (c)(2) by substituting ‘‘not been admitted or have been removed’’ for ‘‘been excluded or deported’’, was executed by making the substitution in
subsec. (d)(2) to reflect the probable intent of Congress
and the redesignation of subsec. (c) as (d) by Pub. L.
104–208, § 102(d)(1)(A). See above.
Subsec. (e). Pub. L. 104–208, § 102(d)(2), substituted
‘‘subsection (d)’’ for ‘‘subsection (c)’’ in par. (1).
Pub. L. 104–208, § 102(d)(1)(A), redesignated subsec. (d)
as (e).

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (f). Pub. L. 104–208, § 134(a), added subsec. (f).
1990—Subsecs. (c), (d). Pub. L. 101–649 added subsecs.
(c) and (d).
1988—Subsec. (a). Pub. L. 100–525, § 9(c)(1), substituted
‘‘instructions’’ for ‘‘intructions’’ and amended fourth
sentence generally. Prior to amendment, fourth sentence read as follows: ‘‘He is authorized, in accordance
with the civil-service laws and regulations and the
Classification Act of 1949, to appoint such employees of
the Service as he deems necessary, and to delegate to
them or to any officer or employee of the Department
of Justice in his discretion any of the duties and powers
imposed upon him in this chapter; he may require or
authorize any employee of the Service or the Department of Justice to perform or exercise any of the powers, privileges, or duties conferred or imposed by this
chapter or regulations issued thereunder upon any
other employee of the Service.’’
Subsec. (b). Pub. L. 100–525, § 9(c)(2), struck out provision that Commissioner was to receive compensation at
rate of $17,500 per annum.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective on the date of
the transfer of functions from the Commissioner of Immigration and Naturalization to officials of the Department of Homeland Security (Mar. 1, 2003), see section
1104 of Pub. L. 107–296, as added by Pub. L. 108–7, set out
as an Effective Date note under section 521 of Title 6,
Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 134(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect 90 days after the date
of the enactment of this Act [Sept. 30, 1996].’’
Amendment by section 308(d)(4)(C), (e)(4) 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.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 effective Oct. 1, 1991,
and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under
section 1101 of this title.
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.
FINGERPRINT CARDS
Pub. L. 105–119, title I, Nov. 26, 1997, 111 Stat. 2448,
provided in part: ‘‘That beginning seven calendar days
after the enactment of this Act [Nov. 26, 1997] and for
each fiscal year thereafter, none of the funds appropriated or otherwise made available to the Immigration and Naturalization Service may be used by the Immigration and Naturalization Service to accept, for the
purpose of conducting criminal background checks on
applications for any benefit under the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.], any FD–258 fingerprint card which has been prepared by or received
from any individual or entity other than an office of
the Immigration and Naturalization Service with the
following exceptions: (1) State and local law enforcement agencies; and (2) United States consular offices at
United States embassies and consulates abroad under
the jurisdiction of the Department of State or United
States military offices under the jurisdiction of the Department of Defense authorized to perform fingerprinting services to prepare FD–258 fingerprint cards for applicants residing abroad applying for immigration benefits’’.

§ 1103

IMPROVEMENT OF BARRIERS AT BORDER
Pub. L. 104–208, div. C, title I, § 102(a)–(c), Sept. 30,
1996, 110 Stat. 3009–554, 3009–555, as amended by Pub. L.
109–13, div. B, title I, § 102, May 11, 2005, 119 Stat. 306;
Pub. L. 109–367, § 3, Oct. 26, 2006, 120 Stat. 2638; Pub. L.
110–161, div. E, title V, § 564(a), Dec. 26, 2007, 121 Stat.
2090, provided that:
‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including
the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to
deter illegal crossings in areas of high illegal entry
into the United States.
‘‘(b) CONSTRUCTION OF FENCING AND ROAD IMPROVEMENTS ALONG THE BORDER.—
‘‘(1) ADDITIONAL FENCING ALONG SOUTHWEST BORDER.—
‘‘(A) REINFORCED FENCING.—In carrying out subsection (a), the Secretary of Homeland Security
shall construct reinforced fencing along not less
than 700 miles of the southwest border where fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain
operational control of the southwest border.
‘‘(B) PRIORITY AREAS.—In carrying out this section [amending this section], the Secretary of
Homeland Security shall—
‘‘(i) identify the 370 miles, or other mileage determined by the Secretary, whose authority to
determine other mileage shall expire on December 31, 2008, along the southwest border where
fencing would be most practical and effective in
deterring smugglers and aliens attempting to
gain illegal entry into the United States; and
‘‘(ii) not later than December 31, 2008, complete
construction of reinforced fencing along the miles
identified under clause (i).
‘‘(C) CONSULTATION.—
‘‘(i) IN GENERAL.—In carrying out this section,
the Secretary of Homeland Security shall consult
with the Secretary of the Interior, the Secretary
of Agriculture, States, local governments, Indian
tribes, and property owners in the United States
to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at
which such fencing is to be constructed.
‘‘(ii) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to—
‘‘(I) create or negate any right of action for a
State, local government, or other person or entity affected by this subsection; or
‘‘(II) affect the eminent domain laws of the
United States or of any State.
‘‘(D) LIMITATION ON REQUIREMENTS.—Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads,
lighting, cameras, and sensors in a particular location along an international border of the United
States, if the Secretary determines that the use or
placement of such resources is not the most appropriate means to achieve and maintain operational
control over the international border at such location.
‘‘(2) PROMPT ACQUISITION OF NECESSARY EASEMENTS.—The Attorney General, acting under the authority conferred in section 103(b) of the Immigration
and Nationality Act [8 U.S.C. 1103(b)] (as inserted by
subsection (d)), shall promptly acquire such easements as may be necessary to carry out this subsection and shall commence construction of fences
immediately following such acquisition (or conclusion of portions thereof).
‘‘(3) SAFETY FEATURES.—The Attorney General,
while constructing the additional fencing under this
subsection, shall incorporate such safety features

§ 1103

TITLE 8—ALIENS AND NATIONALITY

into the design of the fence system as are necessary
to ensure the well-being of border patrol agents deployed within or in near proximity to the system.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection. Amounts appropriated under this paragraph are authorized to remain available until expended.
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Homeland Security shall
have the authority to waive all legal requirements
such Secretary, in such Secretary’s sole discretion,
determines necessary to ensure expeditious construction of the barriers and roads under this section
[amending this section]. Any such decision by the
Secretary shall be effective upon being published in
the Federal Register.
‘‘(2) FEDERAL COURT REVIEW.—
‘‘(A) IN GENERAL.—The district courts of the
United States shall have exclusive jurisdiction to
hear all causes or claims arising from any action
undertaken, or any decision made, by the Secretary
of Homeland Security pursuant to paragraph (1). A
cause of action or claim may only be brought alleging a violation of the Constitution of the United
States. The court shall not have jurisdiction to
hear any claim not specified in this subparagraph.
‘‘(B) TIME FOR FILING OF COMPLAINT.—Any cause
or claim brought pursuant to subparagraph (A)
shall be filed not later than 60 days after the date
of the action or decision made by the Secretary of
Homeland Security. A claim shall be barred unless
it is filed within the time specified.
‘‘(C) ABILITY TO SEEK APPELLATE REVIEW.—An interlocutory or final judgment, decree, or order of
the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court
of the United States.’’
IMPROVED BORDER EQUIPMENT AND TECHNOLOGY
Section 103 of div. C of Pub. L. 104–208 provided that:
‘‘The Attorney General is authorized to acquire and
use, for the purpose of detection, interdiction, and reduction of illegal immigration into the United States,
any Federal equipment (including fixed wing aircraft,
helicopters, four-wheel drive vehicles, sedans, night vision goggles, night vision scopes, and sensor units) determined available for transfer by any other agency of
the Federal Government upon request of the Attorney
General.’’
HIRING AND TRAINING STANDARDS
Section 106(a), (b) of div. C of Pub. L. 104–208 provided
that:
‘‘(a) REVIEW OF HIRING STANDARDS.—Not later than 60
days after the date of the enactment of this Act [Sept.
30, 1996], the Attorney General shall complete a review
of all prescreening and hiring standards used by the
Commissioner of Immigration and Naturalization, and,
where necessary, revise such standards to ensure that
they are consistent with relevant standards of professionalism.
‘‘(b) CERTIFICATION.—At the conclusion of each of fiscal years 1997, 1998, 1999, 2000, and 2001, the Attorney
General shall certify in writing to the Committees on
the Judiciary of the House of Representatives and of
the Senate that all personnel hired by the Commissioner of Immigration and Naturalization for such fiscal year were hired pursuant to the appropriate standards, as revised under subsection (a).’’
REPORT ON BORDER STRATEGY
Section 107 of div. C of Pub. L. 104–208 provided that:
‘‘(a) EVALUATION OF STRATEGY.—The Comptroller
General of the United States shall track, monitor, and
evaluate the Attorney General’s strategy to deter illegal entry in the United States to determine the efficacy of such strategy.

Page 64

‘‘(b) COOPERATION.—The Attorney General, the Secretary of State, and the Secretary of Defense shall cooperate with the Comptroller General of the United
States in carrying out subsection (a).
‘‘(c) REPORT.—Not later than one year after the date
of the enactment of this Act [Sept. 30, 1996], and every
year thereafter for the succeeding 5 years, the Comptroller General of the United States shall submit a report to the Committees on the Judiciary of the House
of Representatives and of the Senate on the results of
the activities undertaken under subsection (a) during
the previous year. Each such report shall include an
analysis of the degree to which the Attorney General’s
strategy has been effective in reducing illegal entry.
Each such report shall include a collection and systematic analysis of data, including workload indicators, related to activities to deter illegal entry and recommendations to improve and increase border security at
the border and ports of entry.’’
COMPENSATION FOR IMMIGRATION JUDGES
Section 371(c) of div. C of Pub. L. 104–208 provided
that:
‘‘(1) IN GENERAL.—There shall be four levels of pay for
immigration judges, under the Immigration Judge
Schedule (designated as IJ–1, 2, 3, and 4, respectively),
and each such judge shall be paid at one of those levels,
in accordance with the provisions of this subsection.
‘‘(2) RATES OF PAY.—
‘‘(A) The rates of basic pay for the levels established under paragraph (1) shall be as follows:
IJ–1 .............
IJ–2 .............
IJ–3 .............
IJ–4 .............

70% of the next to highest rate of basic
pay for the Senior Executive Service
80% of the next to highest rate of basic
pay for the Senior Executive Service
90% of the next to highest rate of basic
pay for the Senior Executive Service
92% of the next to highest rate of basic
pay for the Senior Executive Service.

‘‘(B) Locality pay, where applicable, shall be calculated into the basic pay for immigration judges.
‘‘(3) APPOINTMENT.—
‘‘(A) Upon appointment, an immigration judge shall
be paid at IJ–1, and shall be advanced to IJ–2 upon
completion of 104 weeks of service, to IJ–3 upon completion of 104 weeks of service in the next lower rate,
and to IJ–4 upon completion of 52 weeks of service in
the next lower rate.
‘‘(B) Notwithstanding subparagraph (A), the Attorney General may provide for appointment of an immigration judge at an advanced rate under such circumstances as the Attorney General may determine
appropriate.
‘‘(4) TRANSITION.—Immigration judges serving as of
the effective date shall be paid at the rate that corresponds to the amount of time, as provided under
paragraph (3)(A), that they have served as an immigration judge, and in no case shall be paid less after the effective date than the rate of pay prior to the effective
date.’’
[Section 371(d)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘Subsection (c) [set out above] shall take effect 90
days after the date of the enactment of this Act [Sept.
30, 1996].’’]
MACHINE-READABLE DOCUMENT BORDER SECURITY
PROGRAM
Pub. L. 100–690, title IV, § 4604, Nov. 18, 1988, 102 Stat.
4289, which required Department of State, United
States Customs Service, and Immigration and Naturalization Service to develop a comprehensive machinereadable travel and identity document border security
program that would improve border entry and departure control through automated data capture of machine-readable travel and identity documents, directed
specified agencies and organizations to contribute law
enforcement data for the system, authorized appropriations for the program, and required continuing full im-

Page 65

TITLE 8—ALIENS AND NATIONALITY

plementation in fiscal years 1990, 1991, and 1992, by all
participating agencies, was repealed by Pub. L. 102–583,
§ 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.
IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL
ENHANCEMENT
Pub. L. 100–690, title VII, § 7350, Nov. 18, 1988, 102 Stat.
4473, provided that:
‘‘(a) PILOT PROGRAM REGARDING THE IDENTIFICATION
OF CERTAIN ALIENS.—
‘‘(1) Within 6 months after the effective date of this
subtitle [Nov. 18, 1988], the Attorney General shall establish, out of funds appropriated pursuant to subsection (c)(2), a pilot program in 4 cities to improve
the capabilities of the Immigration and Naturalization Service (hereinafter in this section referred to as
the ‘Service’) to respond to inquiries from Federal,
State, and local law enforcement authorities concerning aliens who have been arrested for or convicted of, or who are the subject of any criminal investigation relating to, a violation of any law relating to controlled substances (other than an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(43)],
as added by section 7342 of this subtitle).
‘‘(2) At the end of the 12-month period after the establishment of such pilot program, the Attorney General shall provide for an evaluation of its effectiveness, including an assessment by Federal, State, and
local prosecutors and law enforcement agencies. The
Attorney General shall submit a report containing
the conclusions of such evaluation to the Committees
on the Judiciary of the House of Representatives and
of the Senate within 60 days after the completion of
such evaluation.
‘‘(b) HIRING OF INVESTIGATIVE AGENTS.—
‘‘(1) Any investigative agent hired by the Attorney
General for purposes of this section shall be employed
exclusively to assist Federal, State, and local law enforcement agencies in combating drug trafficking and
crimes of violence by aliens.
‘‘(2) Any investigative agent hired under this section who is older than 35 years of age shall not be eligible for Federal retirement benefits made available
to individuals who perform hazardous law enforcement activities.’’
PILOT PROGRAM TO ESTABLISH OR IMPROVE COMPUTER
CAPABILITIES
Pub. L. 99–570, title I, § 1751(e), Oct. 27, 1986, 100 Stat.
3207–48, provided that:
‘‘(1) From the sums appropriated to carry out this
Act, the Attorney General, through the Investigative
Division of the Immigration and Naturalization Service, shall provide a pilot program in 4 cities to establish or improve the computer capabilities of the local
offices of the Service and of local law enforcement
agencies to respond to inquiries concerning aliens who
have been arrested or convicted for, or are the subject
to criminal investigation relating to, a violation of any
law relating to controlled substances. The Attorney
General shall select cities in a manner that provides
special consideration for cities located near the land
borders of the United States and for large cities which
have major concentrations of aliens. Some of the sums
made available under the pilot program shall be used to
increase the personnel level of the Investigative Division.
‘‘(2) At the end of the first year of the pilot program,
the Attorney General shall provide for an evaluation of
the effectiveness of the program and shall report to
Congress on such evaluation and on whether the pilot
program should be extended or expanded.’’
EMERGENCY PLANS FOR REGULATION OF NATIONALS OF
ENEMY COUNTRIES
Attorney General to develop national security emergency plans for regulation of immigration, regulation
of nationals of enemy countries, and plans to imple-

§ 1103

ment laws for control of persons entering or leaving the
United States, see section 1101(4) of Ex. Ord. No. 12656,
Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
EX. ORD. NO. 13404. TASK FORCE ON NEW AMERICANS
Ex. Ord. No. 13404, June 7, 2006, 71 F.R. 33593, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to strengthen the efforts of the
Department of Homeland Security and Federal, State,
and local agencies to help legal immigrants embrace
the common core of American civic culture, learn our
common language, and fully become Americans, it is
hereby ordered as follows:
SECTION 1. Establishment. The Secretary of Homeland
Security (Secretary) shall immediately establish within the Department of Homeland Security (Department)
a Task Force on New Americans (Task Force).
SEC. 2. Membership and Operation. (a) The Task Force
shall be limited to the following members or employees
designated by them at no lower than the Assistant Secretary level or its equivalent:
(i) the Secretary of Homeland Security, who shall
serve as Chair;
(ii) the Secretary of State;
(iii) the Secretary of the Treasury;
(iv) the Secretary of Defense;
(v) the Attorney General;
(vi) the Secretary of Agriculture;
(vii) the Secretary of Commerce;
(viii) the Secretary of Labor;
(ix) the Secretary of Health and Human Services;
(x) the Secretary of Housing and Urban Development;
(xi) the Secretary of Education;
(xii) such other officers or employees of the Department of Homeland Security as the Secretary may from
time to time designate; and
(xiii) such other officers of the United States as the
Secretary may designate from time to time, with the
concurrence of the respective heads of departments and
agencies concerned.
(b) The Secretary shall convene and preside at meetings of the Task Force, direct its work, and as appropriate, establish and direct subgroups of the Task
Force that shall consist exclusively of Task Force
members. The Secretary shall designate an official of
the Department to serve as the Executive Secretary of
the Task Force, and the Executive Secretary shall head
the staff assigned to the Task Force.
SEC. 3. Functions. Consistent with applicable law, the
Task Force shall:
(a) provide direction to executive departments and
agencies (agencies) concerning the integration into
American society of America’s legal immigrants, particularly through instruction in English, civics, and
history;
(b) promote public-private partnerships that will encourage businesses to offer English and civics education to workers;
(c) identify ways to expand English and civics instruction for legal immigrants, including through
faith-based, community, and other groups, and ways to
promote volunteer community service; and
(d) make recommendations to the President, through
the Secretary, from time to time regarding:
(i) actions to enhance cooperation among agencies on
the integration of legal immigrants into American society;
(ii) actions to enhance cooperation among Federal,
State, and local authorities responsible for the integration of legal immigrants;
(iii) changes in rules, regulations, or policy to improve the effective integration of legal immigrants into
American society; and
(iv) proposed legislation relating to the integration of
legal immigrants into American society.
SEC. 4. Administration. (a) To the extent permitted by
law, the Department shall provide the funding and administrative support the Task Force needs to implement this order, as determined by the Secretary.

§ 1104

TITLE 8—ALIENS AND NATIONALITY

(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to an agency or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or
legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(d) This order is intended to improve the internal
management of the Federal Government. This order is
not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity against the United States, its departments, agencies, entities, instrumentalities, officers, employees,
agents, or any other person.
GEORGE W. BUSH.

§ 1104. Powers and duties of Secretary of State
(a) Powers and duties
The Secretary of State shall be charged with
the administration and the enforcement of the
provisions of this chapter and all other immigration and nationality laws relating to (1) the
powers, duties, and functions of diplomatic and
consular officers of the United States, except
those powers, duties, and functions conferred
upon the consular officers relating to the granting or refusal of visas; (2) the powers, duties, and
functions of the Administrator; and (3) the determination of nationality of a person not in the
United States. He shall establish such regulations; prescribe such forms of reports, entries
and other papers; issue such instructions; and
perform such other acts as he deems necessary
for carrying out such provisions. He is authorized to confer or impose upon any employee of
the United States, with the consent of the head
of the department or independent establishment
under whose jurisdiction the employee is serving, any of the powers, functions, or duties conferred or imposed by this chapter or regulations
issued thereunder upon officers or employees of
the Department of State or of the American
Foreign Service.
(b) Designation and duties of Administrator
The Secretary of State shall designate an Administrator who shall be a citizen of the United
States, qualified by experience. The Administrator shall maintain close liaison with the appropriate committees of Congress in order that
they may be advised regarding the administration of this chapter by consular officers. The Administrator shall be charged with any and all responsibility and authority in the administration
of this chapter which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which
may be prescribed by the Secretary of State,
and shall perform such other duties as the Secretary of State may prescribe.
(c) Passport Office, Visa Office, and other offices;
directors
Within the Department of State there shall be
a Passport Office, a Visa Office, and such other
offices as the Secretary of State may deem to be
appropriate, each office to be headed by a director. The Directors of the Passport Office and the
Visa Office shall be experienced in the administration of the nationality and immigration laws.

Page 66

(d) Transfer of duties
The functions heretofore performed by the
Passport Division and the Visa Division of the
Department of State shall hereafter be performed by the Passport Office and the Visa Office, respectively.
(e) General Counsel of Visa Office; appointment
and duties
There shall be a General Counsel of the Visa
Office, who shall be appointed by the Secretary
of State and who shall serve under the general
direction of the Legal Adviser of the Department of State. The General Counsel shall have
authority to maintain liaison with the appropriate officers of the Service with a view to securing uniform interpretations of the provisions
of this chapter.
(June 27, 1952, ch. 477, title I, § 104, 66 Stat. 174;
Pub. L. 87-510, § 4(a)(2), June 28, 1962, 76 Stat. 123;
Pub. L. 88–426, title III, § 305(43), Aug. 14, 1964, 78
Stat. 428; Pub. L. 95–105, title I, § 109(b)(1), Aug.
17, 1977, 91 Stat. 847; Pub. L. 100–525, § 9(d), Oct.
24, 1988, 102 Stat. 2620; Pub. L. 103–236, title I,
§ 162(h)(2), Apr. 30, 1994, 108 Stat. 407.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), and (e),
was in the original, ‘‘this Act’’, meaning act June 27,
1952, ch. 477, 66 Stat. 163, known as the Immigration and
Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1994—Pub. L. 103–236, § 162(h)(2)(A), struck out
‘‘; Bureau of Consular Affairs’’ after ‘‘Secretary of
State’’ in section catchline.
Subsec. (a)(2). Pub. L. 103–236, § 162(h)(2)(B), substituted ‘‘the Administrator’’ for ‘‘the Bureau of Consular Affairs’’.
Subsec. (b). Pub. L. 103–236, § 162(h)(2)(C), amended
subsec. (b) generally. Prior to amendment, subsec. (b)
read as follows: ‘‘There is established in the Department of State a Bureau of Consular Affairs, to be headed by an Assistant Secretary of State for Consular Affairs. The Assistant Secretary of State for Consular Affairs shall be a citizen of the United States, qualified
by experience, and shall maintain close liaison with the
appropriate committees of Congress in order that they
may be advised regarding the administration of this
chapter by consular officers. He shall be charged with
any and all responsibility and authority in the administration of the Bureau and of this chapter which are
conferred on the Secretary of State as may be delegated to him by the Secretary of State or which may
be prescribed by the Secretary of State. He shall also
perform such other duties as the Secretary of State
may prescribe.’’
Subsec. (c). Pub. L. 103–236, § 162(h)(2)(D), substituted
‘‘Department of State’’ for ‘‘Bureau’’.
Subsec. (d). Pub. L. 103–236, § 162(h)(2)(E), struck out
before period at end ‘‘, of the Bureau of Consular Affairs’’.
1988—Pub. L. 100–525 substituted ‘‘Bureau of Consular
Affairs’’ for ‘‘Bureau of Security and Consular Affairs’’
in section catchline.
1977—Subsec. (a)(2). Pub. L. 95–105, § 109(b)(1)(A),
struck out ‘‘Security and’’ after ‘‘Bureau of’’.
Subsec. (b). Pub. L. 95–105, § 109(b)(1)(B), substituted
‘‘Consular Affairs, to be headed by an Assistant Secretary of State for Consular Affairs’’ for ‘‘Security and
Consular Affairs, to be headed by an administrator
(with an appropriate title to be designated by the Secretary of State), with rank equal to that of an Assist-

Page 67

TITLE 8—ALIENS AND NATIONALITY

ant Secretary of State’’ and ‘‘Assistant Secretary of
State for Consular Affairs’’ for ‘‘administrator’’ and
struck out provision that the administrator shall be
appointed by the President by and with the advice and
consent of the Senate.
Subsec. (d). Pub. L. 95–105, § 109(b)(1)(C), struck out
‘‘Security and’’ after ‘‘Bureau of’’.
Subsec. (f). Pub. L. 95–105, § 109(b)(1)(D), struck out
subsec. (f) which placed Bureau of Security and Consular Affairs under immediate jurisdiction of Deputy
Under Secretary of State for Administration.
1964—Subsec. (b). Pub. L. 88–426 repealed provisions
which related to compensation of Administrator. See
section 5311 et seq. of Title 5, Government Organization
and Employees.
1962—Subsec. (b). Pub. L. 87–510 provided for appointment of Administrator of Bureau of Security and Consular Affairs by President by and with advice and consent of Senate.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of
State when executive orders, regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out
as a note under section 2651a of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88–426 effective on first day of
first pay period which begins on or after July 1, 1964,
except to extent provided in section 501(c) of Pub. L.
88–426, see section 501 of Pub. L. 88–426.
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.
AUTHORITY OF SECRETARY OF STATE
Except as otherwise provided, Secretary of State to
have and exercise any authority vested by law in any
official or office of Department of State and references
to such officials or offices deemed to refer to Secretary
of State or Department of State, as appropriate, see
section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103–236, set out as
a note under section 2651a of Title 22.
ASSUMPTION OF DUTIES BY ADMINISTRATOR OF BUREAU
OF SECURITY AND CONSULAR AFFAIRS
Section 109(b)(4) of Pub. L. 95–105 provided that: ‘‘The
individual holding the position of administrator of the
Bureau of Security and Consular Affairs on the date of
enactment of this section [Aug. 17, 1977] shall assume
the duties of the Assistant Secretary of State for Consular Affairs and shall not be required to be reappointed by reason of the enactment of this section.’’
REFERENCES TO BUREAU OF SECURITY AND CONSULAR
AFFAIRS OR ADMINISTRATOR
Section 109(b)(5) of Pub. L. 95–105 provided that: ‘‘Any
reference in any law to the Bureau of Security and Consular Affairs or to the administrator of such Bureau
shall be deemed to be a reference to the Bureau of Consular Affairs or to the Assistant Secretary of State for
Consular Affairs, respectively.’’

§ 1105. Liaison with internal security officers;
data exchange
(a) In general
The Commissioner and the Administrator
shall have authority to maintain direct and con-

§ 1105

tinuous liaison with the Directors of the Federal
Bureau of Investigation and the Central Intelligence Agency and with other internal security
officers of the Government for the purpose of obtaining and exchanging information for use in
enforcing the provisions of this chapter in the
interest of the internal and border security of
the United States. The Commissioner and the
Administrator shall maintain direct and continuous liaison with each other with a view to a
coordinated, uniform, and efficient administration of this chapter, and all other immigration
and nationality laws.
(b) Access to National Crime Information Center
files
(1) The Attorney General and the Director of
the Federal Bureau of Investigation shall provide the Department of State and the Service
access to the criminal history record information contained in the National Crime Information Center’s Interstate Identification Index
(NCIC-III), Wanted Persons File, and to any
other files maintained by the National Crime Information Center that may be mutually agreed
upon by the Attorney General and the agency
receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record
indexed in any such file.
(2) Such access shall be provided by means of
extracts of the records for placement in the
automated visa lookout or other appropriate
database, and shall be provided without any fee
or charge.
(3) The Federal Bureau of Investigation shall
provide periodic updates of the extracts at intervals mutually agreed upon with the agency receiving the access. Upon receipt of such updated
extracts, the receiving agency shall make corresponding updates to its database and destroy
previously provided extracts.
(4) Access to an extract does not entitle the
Department of State to obtain the full content
of the corresponding automated criminal history record. To obtain the full content of a
criminal history record, the Department of
State shall submit the applicant’s fingerprints
and any appropriate fingerprint processing fee
authorized by law to the Criminal Justice Information Services Division of the Federal Bureau
of Investigation.
(c) Reconsideration upon development of more
cost effective means of sharing information
The provision of the extracts described in subsection (b) of this section may be reconsidered
by the Attorney General and the receiving agency upon the development and deployment of a
more cost-effective and efficient means of sharing the information.
(d) Regulations
For purposes of administering this section, the
Department of State shall, prior to receiving access to NCIC data but not later than 4 months
after October 26, 2001, promulgate final regulations—
(1) to implement procedures for the taking
of fingerprints; and
(2) to establish the conditions for the use of
the information received from the Federal Bureau of Investigation, in order—

§ 1105a

TITLE 8—ALIENS AND NATIONALITY

(A) to limit the redissemination of such information;
(B) to ensure that such information is used
solely to determine whether or not to issue
a visa to an alien or to admit an alien to the
United States;
(C) to ensure the security, confidentiality,
and destruction of such information; and
(D) to protect any privacy rights of individuals who are subjects of such information.
(June 27, 1952, ch. 477, title I, § 105, 66 Stat. 175;
Pub. L. 95–105, title I, § 109(b)(2), Aug. 17, 1977, 91
Stat. 847; Pub. L. 103–236, title I, § 162(h)(3), Apr.
30, 1994, 108 Stat. 408; Pub. L. 107–56, title IV,
§ 403(a), Oct. 26, 2001, 115 Stat. 343.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
2001—Pub. L. 107–56 inserted ‘‘; data exchange’’ after
‘‘security officers’’ in section catchline, designated existing provisions as subsec. (a), inserted ‘‘and border’’
before ‘‘security of the United States’’, and added subsecs. (b) to (d).
1994—Pub. L. 103–236 substituted ‘‘Administrator’’ for
‘‘Assistant Secretary of State for Consular Affairs’’ in
two places.
1977—Pub. L. 95–105 substituted ‘‘Assistant Secretary
of State for Consular Affairs’’ for ‘‘administrator’’ in
two places.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of
State when executive orders, regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out
as a note under section 2651a of Title 22, Foreign Relations and Intercourse.
STATUTORY CONSTRUCTION
Pub. L. 107–56, title IV, § 403(d), Oct. 26, 2001, 115 Stat.
345, provided that: ‘‘Nothing in this section [enacting
section 1379 of this title, amending this section, and enacting provisions set out as a note under this section],
or in any other law, shall be construed to limit the authority of the Attorney General or the Director of the
Federal Bureau of Investigation to provide access to
the criminal history record information contained in
the National Crime Information Center’s (NCIC) Interstate Identification Index (NCIC-III), or to any other
information maintained by the NCIC, to any Federal
agency or officer authorized to enforce or administer
the immigration laws of the United States, for the purpose of such enforcement or administration, upon
terms that are consistent with the National Crime Prevention and Privacy Compact Act of 1998 (subtitle A of
title II of Public Law 105–251; 42 U.S.C. 14611–16) and
section 552a of title 5, United States Code.’’
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.

Page 68

REPORTING REQUIREMENT
Pub. L. 107–56, title IV, § 403(b), Oct. 26, 2001, 115 Stat.
344, provided that: ‘‘Not later than 2 years after the
date of enactment of this Act [Oct. 26, 2001], the Attorney General and the Secretary of State jointly shall report to Congress on the implementation of the amendments made by this section [amending this section].’’

§ 1105a. Employment authorization for battered
spouses of certain nonimmigrants
(a) In general
In the case of an alien spouse admitted under
subparagraph (A), (E)(iii), (G), or (H) of section
1101(a)(15) of this title who is accompanying or
following to join a principal alien admitted
under subparagraph (A), (E)(iii), (G), or (H) of
such section, respectively, the Secretary of
Homeland Security may authorize the alien
spouse to engage in employment in the United
States and provide the spouse with an ‘‘employment authorized’’ endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien
spouse or a child of the alien spouse has been
battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien
spouse. Requests for relief under this section
shall be handled under the procedures that apply
to
aliens
seeking
relief
under
section
1154(a)(1)(A)(iii) of this title.
(b) Construction
The grant of employment authorization pursuant to this section shall not confer upon the
alien any other form of relief.
(June 27, 1952, ch. 477, title I, § 106, as added Pub.
L. 109–162, title VIII, § 814(c), Jan. 5, 2006, 119
Stat. 3059.)
PRIOR PROVISIONS
A prior section 1105a, act June 27, 1952, ch. 477, title
I, § 106, as added Sept. 26, 1961, Pub. L. 87–301, § 5(a), 75
Stat. 651; amended Dec. 29, 1981, Pub. L. 97–116, § 18(b),
95 Stat. 1620; Oct. 24, 1988, Pub. L. 100–525, § 9(e), 102
Stat. 2620; Nov. 18, 1988, Pub. L. 100–690, title VII,
§ 7347(b), 102 Stat. 4472; Nov. 29, 1990, Pub. L. 101–649,
title V, §§ 502(a), 513(a), 545(b), 104 Stat. 5048, 5052, 5065;
Dec. 12, 1991, Pub. L. 102–232, title III, § 306(a)(2), 105
Stat. 1751; Sept. 13, 1994, Pub. L. 103–322, title XIII,
§ 130004(b), 108 Stat. 2027; Oct. 25, 1994, Pub. L. 103–416,
title II, § 223(b), 108 Stat. 4322; Apr. 24, 1996, Pub. L.
104–132, title IV, §§ 401(b), (e), 423(a), 440(a), 442(b), 110
Stat. 1267, 1268, 1272, 1276, 1280; Sept. 30, 1996, Pub. L.
104–208, div. C, title III, §§ 306(d), 308(g)(10)(H), 371(b)(1),
title VI, § 671(c)(3), (4), 110 Stat. 3009–612, 3009–625,
3009–645, 3009–722, related to judicial review of orders of
deportation and exclusion, prior to repeal by Pub. L.
104–208, div. C, title III, §§ 306(b), (c), 309, Sept. 30, 1996,
110 Stat. 3009–612, 3009–625, effective, with certain transitional provisions, on the first day of the first month
beginning more than 180 days after Sept. 30, 1996, but
such repeal not to be considered to invalidate or to require the reconsideration of any judgment or order entered under this section. See section 1252 of this title.

§ 1106. Repealed. Pub. L. 91–510, title IV, § 422(a),
Oct. 26, 1970, 84 Stat. 1189
Section, act June 27, 1952, ch. 477, title IV, § 401, 66
Stat. 274, provided for establishment of Joint Committee on Immigration and Nationality, including its composition, necessity of membership on House or Senate
Committee on the Judiciary, vacancies and election of
chairman, functions, reports, submission of regulations

Page 69

TITLE 8—ALIENS AND NATIONALITY

to Committee, hearings and subpena, travel expenses,
employment of personnel, payment of Committee expenses, and effective date.
EFFECTIVE DATE OF REPEAL
Repeal effective immediately prior to noon on Jan. 3,
1971, see section 601(1) of Pub. L. 91–510, set out as an
Effective Date of 1970 Amendment note under section
72a of Title 2, The Congress.
ABOLITION OF JOINT COMMITTEE ON IMMIGRATION AND
NATIONALITY
Pub. L. 91–510, title IV, § 421, Oct. 26, 1970, 84 Stat.
1189, abolished the Joint Committee on Immigration
and Nationality established by former subsec. (a) of
this section.

§ 1107. Additional report
At the beginning and midpoint of each fiscal
year, the Secretary of Homeland Security shall
submit to the Committees on the Judiciary of
the House of Representatives and the Senate, a
written report providing a description of internal affairs operations at U.S. Citizenship and
Immigration Services, including the general
state of such operations and a detailed description of investigations that are being conducted
(or that were conducted during the previous six
months) and the resources devoted to such investigations. The first such report shall be submitted not later than April 1, 2006.
(Pub. L. 109–177, title I, § 109(c), Mar. 9, 2006, 120
Stat. 205.)
CODIFICATION
Section was enacted as part of the USA PATRIOT
Improvment and Reauthorization Act of 2005, and not
as part of the Immigration and Nationality Act which
comprises this chapter.

SUBCHAPTER II—IMMIGRATION
PART I—SELECTION SYSTEM
§ 1151. Worldwide level of immigration
(a) In general
Exclusive of aliens described in subsection (b)
of this section, aliens born in a foreign state or
dependent area who may be issued immigrant
visas or who may otherwise acquire the status of
an alien lawfully admitted to the United States
for permanent residence are limited to—
(1) family-sponsored immigrants described in
section 1153(a) of this title (or who are admitted under section 1181(a) of this title on the
basis of a prior issuance of a visa to their accompanying parent under section 1153(a) of
this title) in a number not to exceed in any
fiscal year the number specified in subsection
(c) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal
year 27 percent of the worldwide level under
such subsection for all of such fiscal year;
(2) employment-based immigrants described
in section 1153(b) of this title (or who are admitted under section 1181(a) of this title on
the basis of a prior issuance of a visa to their
accompanying parent under section 1153(b) of
this title), in a number not to exceed in any
fiscal year the number specified in subsection
(d) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal

§ 1151

year 27 percent of the worldwide level under
such subsection for all of such fiscal year; and
(3) for fiscal years beginning with fiscal year
1995, diversity immigrants described in section
1153(c) of this title (or who are admitted under
section 1181(a) of this title on the basis of a
prior issuance of a visa to their accompanying
parent under section 1153(c) of this title) in a
number not to exceed in any fiscal year the
number specified in subsection (e) of this section for that year, and not to exceed in any of
the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year.
(b) Aliens not subject to direct numerical limitations
Aliens described in this subsection, who are
not subject to the worldwide levels or numerical
limitations of subsection (a) of this section, are
as follows:
(1)(A) Special immigrants described in subparagraph (A) or (B) of section 1101(a)(27) of
this title.
(B) Aliens who are admitted under section
1157 of this title or whose status is adjusted
under section 1159 of this title.
(C) Aliens whose status is adjusted to permanent residence under section 1160 or 1255a of
this title.
(D) Aliens whose removal is canceled under
section 1229b(a) of this title.
(E) Aliens provided permanent resident
status under section 1259 of this title.
(2)(A)(i) IMMEDIATE RELATIVES.—For purposes of this subsection, the term ‘‘immediate
relatives’’ means the children, spouses, and
parents of a citizen of the United States, except that, in the case of parents, such citizens
shall be at least 21 years of age. In the case of
an alien who was the spouse of a citizen of the
United States and was not legally separated
from the citizen at the time of the citizen’s
death, the alien (and each child of the alien)
shall be considered, for purposes of this subsection, to remain an immediate relative after
the date of the citizen’s death but only if the
spouse files a petition under section
1154(a)(1)(A)(ii) of this title within 2 years
after such date and only until the date the
spouse remarries. For purposes of this clause,
an alien who has filed a petition under clause
(iii) or (iv) of section 1154(a)(1)(A) of this title
remains an immediate relative in the event
that the United States citizen spouse or parent loses United States citizenship on account
of the abuse.
(ii) Aliens admitted under section 1181(a) of
this title on the basis of a prior issuance of a
visa to their accompanying parent who is such
an immediate relative.
(B) Aliens born to an alien lawfully admitted
for permanent residence during a temporary
visit abroad.
(c) Worldwide level of family-sponsored immigrants
(1)(A) The worldwide level of family-sponsored
immigrants under this subsection for a fiscal
year is, subject to subparagraph (B), equal to—
(i) 480,000, minus

§ 1151

TITLE 8—ALIENS AND NATIONALITY

(ii) the sum of the number computed under
paragraph (2) and the number computed under
paragraph (4), plus
(iii) the number (if any) computed under
paragraph (3).

Page 70

(5) If any alien described in paragraph (4)
(other than an alien described in paragraph
(4)(B)(ii)) is subsequently admitted as an alien
lawfully admitted for permanent residence, such
alien shall not again be considered for purposes
of paragraph (1).
(d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based
immigrants under this subsection for a fiscal
year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph
(2).

any) between the worldwide level established
under paragraph (1) for the previous fiscal year
and the number of visas issued under section
1153(b) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number
of visas which may be issued under section
1153(a) of this title (relating to family-sponsored
immigrants) during the previous fiscal year and
the number of visas issued under that section
during that year.
(e) Worldwide level of diversity immigrants
The worldwide level of diversity immigrants is
equal to 55,000 for each fiscal year.
(f) Rules for determining whether certain aliens
are immediate relatives
(1) Age on petition filing date
Except as provided in paragraphs (2) and (3),
for purposes of subsection (b)(2)(A)(i) of this
section, a determination of whether an alien
satisfies the age requirement in the matter
preceding
subparagraph
(A)
of
section
1101(b)(1) of this title shall be made using the
age of the alien on the date on which the petition is filed with the Attorney General under
section 1154 of this title to classify the alien as
an immediate relative under subsection
(b)(2)(A)(i) of this section.
(2) Age on parent’s naturalization date
In the case of a petition under section 1154 of
this title initially filed for an alien child’s
classification as a family-sponsored immigrant under section 1153(a)(2)(A) of this title,
based on the child’s parent being lawfully admitted for permanent residence, if the petition
is later converted, due to the naturalization of
the parent, to a petition to classify the alien
as an immediate relative under subsection
(b)(2)(A)(i) of this section, the determination
described in paragraph (1) shall be made using
the age of the alien on the date of the parent’s
naturalization.
(3) Age on marriage termination date
In the case of a petition under section 1154 of
this title initially filed for an alien’s classification as a family-sponsored immigrant
under section 1153(a)(3) of this title, based on
the alien’s being a married son or daughter of
a citizen, if the petition is later converted, due
to the legal termination of the alien’s marriage, to a petition to classify the alien as an
immediate
relative
under
subsection
(b)(2)(A)(i) of this section or as an unmarried
son or daughter of a citizen under section
1153(a)(1) of this title, the determination described in paragraph (1) shall be made using
the age of the alien on the date of the termination of the marriage.
(4) Application to self-petitions
Paragraphs (1) through (3) shall apply to
self-petitioners and derivatives of self-petitioners.

(2)(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if

(June 27, 1952, ch. 477, title II, ch. 1, § 201, 66 Stat.
175; Pub. L. 89–236, § 1, Oct. 3, 1965, 79 Stat. 911;
Pub. L. 94–571, § 2, Oct. 20, 1976, 90 Stat. 2703; Pub.
L. 95–412, § 1, Oct. 5, 1978, 92 Stat. 907; Pub. L.

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

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TITLE 8—ALIENS AND NATIONALITY

96–212, title II, § 203(a), Mar. 17, 1980, 94 Stat. 106;
Pub. L. 97–116, § 20[(a)], Dec. 29, 1981, 95 Stat.
1621; Pub. L. 101–649, title I, § 101(a), Nov. 29, 1990,
104 Stat. 4980; Pub. L. 102–232, title III, § 302(a)(1),
Dec. 12, 1991, 105 Stat. 1742; Pub. L. 103–322, title
IV, § 40701(b)(2), Sept. 13, 1994, 108 Stat. 1954; Pub.
L. 103–416, title II, § 219(b)(1), Oct. 25, 1994, 108
Stat. 4316; Pub. L. 104–208, div. C, title III,
§ 308(e)(5), (g)(8)(A)(i), title VI, §§ 603, 671(d)(1)(A),
Sept. 30, 1996, 110 Stat. 3009–620, 3009–624,
3009–690, 3009–723; Pub. L. 106–386, div. B, title V,
§ 1507(a)(3), Oct. 28, 2000, 114 Stat. 1530; Pub. L.
107–208, § 2, Aug. 6, 2002, 116 Stat. 927; Pub. L.
109–162, title VIII, § 805(b)(1), Jan. 5, 2006, 119
Stat. 3056; Pub. L. 111–83, title V, § 568(c)(1), Oct.
28, 2009, 123 Stat. 2186.)
AMENDMENTS
2009—Subsec. (b)(2)(A)(i). Pub. L. 111–83 struck out
‘‘for at least 2 years at the time of the citizen’s death’’
before ‘‘and was not legally separated’’ in second sentence.
2006—Subsec. (f)(4). Pub. L. 109–162 added par. (4).
2002—Subsec. (f). Pub. L. 107–208 added subsec. (f).
2000—Subsec. (b)(2)(A)(i). Pub. L. 106–386 inserted at
end ‘‘For purposes of this clause, an alien who has filed
a petition under clause (iii) or (iv) of section
1154(a)(1)(A) of this title remains an immediate relative
in the event that the United States citizen spouse or
parent loses United States citizenship on account of
the abuse.’’
1996—Subsec. (b)(1)(C). Pub. L. 104–208, § 671(d)(1)(A),
struck out ‘‘, 1161,’’ after ‘‘section 1160’’.
Subsec. (b)(1)(D). Pub. L. 104–208, § 308(g)(8)(A)(i), substituted ‘‘section 1229b(a)’’ for ‘‘section 1254(a)’’.
Pub. L. 104–208, § 308(e)(5), substituted ‘‘removal is
canceled’’ for ‘‘deportation is suspended’’.
Subsec. (c)(1)(A)(ii). Pub. L. 104–208, § 603(1), amended
cl. (ii) generally. Prior to amendment, cl. (ii) read as
follows: ‘‘the number computed under paragraph (2),
plus’’.
Subsec. (c)(4), (5). Pub. L. 104–208, § 603(2), added pars.
(4) and (5).
1994—Subsec. (b)(2)(A)(i). Pub. L. 103–416 inserted
‘‘(and each child of the alien)’’ after ‘‘death, the alien’’
in second sentence.
Pub. L. 103–322 substituted ‘‘1154(a)(1)(A)(ii)’’ for
‘‘1154(a)(1)(A)’’.
1991—Subsec. (c)(3). Pub. L. 102–232, § 302(a)(1)(A),
added subpars. (A) and (B), designated existing text as
subpar. (C), and in subpar. (C) substituted ‘‘The number
computed under this paragraph for a subsequent fiscal
year’’ for ‘‘The number computed under this paragraph
for a fiscal year’’.
Subsec. (d)(2). Pub. L. 102–232, § 302(a)(1)(B), added subpars. (A) and (B), designated existing text as subpar.
(C), and in subpar. (C) substituted ‘‘The number computed under this paragraph for a subsequent fiscal
year’’ for ‘‘The number computed under this paragraph
for a fiscal year’’.
1990—Pub. L. 101–649 amended section generally, substituting provisions setting forth general and worldwide levels for family-sponsored, employment-based,
and diversity immigrants, for provisions setting forth
numerical limitations on total lawful admissions without breakdown as to type.
1981—Subsec. (a). Pub. L. 97–116 inserted proviso authorizing Secretary of State, to the extent that in a
particular fiscal year the number of aliens who are issued immigrant visas or who otherwise acquire the
status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitations of this section, together with the aliens who adjust their status to aliens lawfully admitted for permanent residence pursuant to section 1101(a)(27)(H) of this
title or section 19 of the Immigration and Nationality
Amendments of 1981, exceed the annual numerical limitation in effect, to reduce to such extent the annual nu-

§ 1151

merical limitation in effect for the following fiscal
year.
1980—Subsec. (a). Pub. L. 96–212 inserted provisions
relating to aliens admitted or granted asylums under
section 1157 or 1158 of this title, struck out provisions
relating to aliens entering conditionally under section
1153(a)(7) of this title, and decreased the authorized
number from seventy-seven thousand to seventy-two
thousand in each of the first three-quarters of any fiscal year, and from two hundred and ninety thousand to
two hundred and seventy thousand in any fiscal year as
the maximum number of admissions for such periods.
1978—Subsec. (a). Pub. L. 95–412 substituted provisions establishing a single worldwide annual immigration ceiling of 290,000 aliens and limiting to 77,000 the
number of aliens subject to such ceiling which may be
admitted in each of the first three quarters of any fiscal year for provisions establishing separate annual immigration ceilings of 170,000 aliens for the Eastern
Hemisphere and 120,000 aliens for the Western Hemisphere and limiting to 45,000 the number of aliens subject to the Eastern Hemisphere ceiling and to 32,000 the
number of aliens subject to the Western Hemisphere
ceiling which may be admitted in the first three quarters of any fiscal year.
1976—Subsec. (a). Pub. L. 94–571, § 2(1), in amending
subsec. (a) generally, designated existing provisions as
cl. (1) limited to aliens born in any foreign state or dependent area located in the Eastern Hemisphere and
added cl. (2).
Subsecs. (c) to (e). Pub. L. 94–571, § 2(2), struck out
subsec. (c) which provided for determination of unused
quota numbers, subsec. (d) which provided for an immigration pool, limitation on total numbers, and allocations therefrom, and subsec. (e) which provided for termination of immigration pool on June 30, 1968, and for
carryover of admissible immigrants.
1965—Subsec. (a). Pub. L. 89–236 substituted provisions setting up a 170,000 maximum on total annual immigration and 45,000 maximum on total quarterly immigration without regard to national origins, for provisions setting an annual quota for quota areas which allowed admission of one-sixth of one per centum of portion of national population of continental United
States in 1920 attributable by national origin of that
quota area and setting a minimum quota of 100 for each
quota area.
Subsec. (b). Pub. L. 89–236 substituted provisions defining ‘‘immediate relatives’’ for provisions calling for
a determination of annual quota for each quota area by
Secretaries of State and Commerce and Attorney General, and proclamation of quotas by President.
Subsec. (c). Pub. L. 89–236 substituted provisions allowing carryover through June 30, 1968, of quotas for
quota areas in effect on June 30, 1965, and redistribution of unused quota numbers, for provisions which
limited issuance of immigrant visas.
Subsec. (d). Pub. L. 89–236 substituted provisions creating an immigration pool and allocating its numbers
without reference to the quotas to which an alien is
chargeable, for provisions allowing issuance of an immigrant visa to an immigrant as a quota immigrant
even though he might be a nonquota immigrant.
Subsec. (e). Pub. L. 89–236 substituted provisions terminating the immigration pool on June 30, 1968, for
provisions permitting reduction of annual quotas based
on national origins pursuant to Act of Congress prior to
effective date of proclaimed quotas.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–83, title V, § 568(c)(2), Oct. 28, 2009, 123
Stat. 2186, provided that:
‘‘(A) IN GENERAL.—The amendment made by paragraph (1) [amending this section] shall apply to all applications and petitions relating to immediate relative
status under section 201(b)(2)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) pending
on or after the date of the enactment of this Act [Oct.
28, 2009].
‘‘(B) TRANSITION CASES.—

§ 1151

TITLE 8—ALIENS AND NATIONALITY

‘‘(i) IN GENERAL.—Notwithstanding any other provision of law, an alien described in clause (ii) who seeks
immediate relative status pursuant to the amendment made by paragraph (1) shall file a petition
under section 204(a)(1)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii)) not later
than the date that is 2 years after the date of the enactment of this Act.
‘‘(ii) ALIENS DESCRIBED.—An alien is described in
this clause if—
‘‘(I) the alien’s United States citizen spouse died
before the date of the enactment of this Act;
‘‘(II) the alien and the citizen spouse were married for less than 2 years at the time of the citizen
spouse’s death; and
‘‘(III) the alien has not remarried.’’
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–208, § 8, Aug. 6, 2002, 116 Stat. 930, provided
that: ‘‘The amendments made by this Act [amending
this section and sections 1153, 1154, 1157, and 1158 of this
title] shall take effect on the date of the enactment of
this Act [Aug. 6, 2002] and shall apply to any alien who
is a derivative beneficiary or any other beneficiary of—
‘‘(1) a petition for classification under section 204 of
the Immigration and Nationality Act (8 U.S.C. 1154)
approved before such date but only if a final determination has not been made on the beneficiary’s application for an immigrant visa or adjustment of
status to lawful permanent residence pursuant to
such approved petition;
‘‘(2) a petition for classification under section 204 of
the Immigration and Nationality Act (8 U.S.C. 1154)
pending on or after such date; or
‘‘(3) an application pending before the Department
of Justice or the Department of State on or after
such date.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(5), (g)(8)(A)(i) 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.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
Section 40701(d) of Pub. L. 103–322 provided that: ‘‘The
amendments made by this section [amending this section and section 1154 of this title] shall take effect January 1, 1995.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 Pub. L. 101–649 effective Oct. 1, 1991,
and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–212 effective, except as
otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct.
1, 1979, see section 204 of Pub. L. 96–212, set out as a
note under section 1101 of this title.

Page 72

EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
Section 20 of Pub. L. 89–236 provided that: ‘‘This Act
[amending this section and sections 1101, 1152 to 1156,
1181, 1182, 1201, 1202, 1204, 1251, 1253, 1254, 1255, 1259, 1322,
and 1351 of this title, repealing section 1157 of this title,
and enacting provisions set out as a note under this
section] shall become effective on the first day of the
first month after the expiration of thirty days following the date of its enactment [Oct. 3, 1965] except as
provided herein.’’
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.
EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING
SPOUSES, CHILDREN, AND PARENTS
Pub. L. 108–136, div. A, title XVII, § 1703(a)–(e), Nov.
24, 2003, 117 Stat. 1693, provided that:
‘‘(a) TREATMENT AS IMMEDIATE RELATIVES.—
‘‘(1) SPOUSES.—Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case
of an alien who was the spouse of a citizen of the
United States at the time of the citizen’s death and
was not legally separated from the citizen at the time
of the citizen’s death, if the citizen served honorably
in an active duty status in the military, air, or naval
forces of the United States and died as a result of injury or disease incurred in or aggravated by combat,
the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen’s death, but only if the alien files a petition under
section 204(a)(1)(A)(ii) of such Act [8 U.S.C.
1154(a)(1)(A)(ii)] within 2 years after such date and
only until the date the alien remarries. For purposes
of such section 204(a)(1)(A)(ii), an alien granted relief
under the preceding sentence shall be considered an
alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act.
‘‘(2) CHILDREN.—
‘‘(A) IN GENERAL.—In the case of an alien who was
the child of a citizen of the United States at the
time of the citizen’s death, if the citizen served
honorably in an active duty status in the military,
air, or naval forces of the United States and died as
a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for
purposes of section 201(b) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen’s
death (regardless of changes in age or marital
status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after
such date.
‘‘(B) PETITIONS.—An alien described in subparagraph (A) may file a petition with the Secretary of
Homeland Security for classification of the alien
under section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act [8 U.S.C. 1101 et seq.], such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
‘‘(3) PARENTS.—
‘‘(A) IN GENERAL.—In the case of an alien who was
the parent of a citizen of the United States at the
time of the citizen’s death, if the citizen served
honorably in an active duty status in the military,
air, or naval forces of the United States and died as

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TITLE 8—ALIENS AND NATIONALITY

a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for
purposes of section 201(b) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen’s
death (regardless of changes in age or marital
status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after
such date.
‘‘(B) PETITIONS.—An alien described in subparagraph (A) may file a petition with the Secretary of
Homeland Security for classification of the alien
under section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of
such Act (8 U.S.C. 1154(a)(1)(A)).
‘‘(C)
EXCEPTION.—Notwithstanding
section
201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this
paragraph, a citizen described in subparagraph (A)
does not have to be 21 years of age for a parent to
benefit under this paragraph.
‘‘(b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY
SURVIVING SPOUSES, CHILDREN, AND PARENTS.—
‘‘(1) IN GENERAL.—Notwithstanding subsections (a)
and (c) of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), any alien who was the
spouse, child, or parent of an alien described in paragraph (2), and who applied for adjustment of status
prior to the death described in paragraph (2)(B), may
have such application adjudicated as if such death
had not occurred.
‘‘(2) ALIEN DESCRIBED.—An alien is described in this
paragraph if the alien—
‘‘(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
‘‘(B) died as a result of injury or disease incurred
in or aggravated by combat; and
‘‘(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality
Act (8 U.S.C. 1440–1).
‘‘(c) SPOUSES AND CHILDREN OF LAWFUL PERMANENT
RESIDENT ALIENS.—
‘‘(1) TREATMENT AS IMMEDIATE RELATIVES.—
‘‘(A) IN GENERAL.—A spouse or child of an alien
described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)(2)) that was
filed by such alien, shall be considered (if the
spouse or child has not been admitted or approved
for lawful permanent residence by such date) a
valid petitioner for immediate relative status under
section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such spouse
or child shall be eligible for deferred action, advance parole, and work authorization.
‘‘(B) PETITIONS.—An alien spouse or child described in subparagraph (A) may file a petition with
the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act [8 U.S.C.
1101 et seq.], such a petition shall be considered a
petition filed under section 204(a)(1)(A) of such Act
(8 U.S.C. 1154(a)(1)(A)).
‘‘(2) SELF-PETITIONS.—Any spouse or child of an
alien described in paragraph (3) who is not a beneficiary of a petition for classification as a familysponsored immigrant may file a petition for such
classification under section 201(b)(2)(A)(i) of the Immigration
and
Nationality
Act
(8
U.S.C.
1151(b)(2)(A)(i)) with the Secretary of Homeland Security, but only if the spouse or child files a petition
within 2 years after such date. Such spouse or child
shall be eligible for deferred action, advance parole,
and work authorization.
‘‘(3) ALIEN DESCRIBED.—An alien is described in this
paragraph if the alien—

§ 1151

‘‘(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
‘‘(B) died as a result of injury or disease incurred
in or aggravated by combat; and
‘‘(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality
Act (8 U.S.C. 1440–1).
‘‘(d) PARENTS OF LAWFUL PERMANENT RESIDENT
ALIENS.—
‘‘(1) SELF-PETITIONS.—Any parent of an alien described in paragraph (2) may file a petition for classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)),
but only if the parent files a petition within 2 years
after such date. For purposes of such Act [8 U.S.C.
1101 et seq.], such petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8
U.S.C. 1154(a)(1)(A)). Such parent shall be eligible for
deferred action, advance parole, and work authorization.
‘‘(2) ALIEN DESCRIBED.—An alien is described in this
paragraph if the alien—
‘‘(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
‘‘(B) died as a result of injury or disease incurred
in or aggravated by combat; and
‘‘(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality
Act (8 U.S.C. 1440–1).
‘‘(e) WAIVER OF GROUND FOR INADMISSIBILITY.—In determining the admissibility of any alien accorded an
immigration benefit under this section for purposes of
the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.], the ground for inadmissibility specified in section
212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not
apply.’’
[Section 1703 of Pub. L. 108–136, set out above, effective as if enacted on Sept. 11, 2001, see section 1705(a) of
Pub. L. 108–136, set out as an Effective Date of 2003
Amendment note under section 1439 of this title.]
TEMPORARY REDUCTION IN DIVERSITY VISAS
Pub. L. 105–100, title II, § 203(d), Nov. 19, 1997, 111 Stat.
2199, as amended by Pub. L. 105–139, § 1(d), Dec. 2, 1997,
111 Stat. 2644, provided that:
‘‘(1) Beginning in fiscal year 1999, subject to paragraph (2), the number of visas available for a fiscal year
under section 201(e) of the Immigration and Nationality
Act [8 U.S.C. 1151(e)] shall be reduced by 5,000 from the
number of visas otherwise available under that section
for such fiscal year.
‘‘(2) In no case shall the reduction under paragraph
(1) for a fiscal year exceed the amount by which—
‘‘(A) one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section
309(c)(5)(C)(i) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 [Pub. L. 104–208,
set out as a note under section 1101 of this title] who
have adjusted their status to that of aliens lawfully
admitted for permanent residence under the Nicaraguan Adjustment and Central American Relief Act
[title II of Pub. L. 105–100, see Short Title of 1997
Amendments note set out under section 1101 of this
title] as of the end of the previous fiscal year; exceeds
‘‘(B) the total of the reductions in available visas
under this subsection for all previous fiscal years.’’
TRANSITION RELATING TO DEATH OF CITIZEN SPOUSE
Section 101(c) of Pub. L. 101–649, as added by Pub. L.
102–232, title III, § 302(a)(2), Dec. 12, 1991, 105 Stat. 1742,
provided that: ‘‘In applying the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality
Act [8 U.S.C. 1151(b)(2)(A)(i)] (as amended by subsection
(a)) in the case of a [sic] alien whose citizen spouse died
before the date of the enactment of this Act [Nov. 29,
1990], notwithstanding the deadline specified in such
sentence the alien spouse may file the classification pe-

§ 1151a

TITLE 8—ALIENS AND NATIONALITY

Page 74

tition referred to in such sentence within 2 years after
the date of the enactment of this Act.’’

§ 1151a. Repealed. Pub. L. 94–571, § 7(g), Oct. 20,
1976, 90 Stat. 2706

INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS RESIDING IN THE UNITED STATES VIRGIN
ISLANDS

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

The numerical limitations described in subsec. (a) of
this section not to apply in the case of certain aliens
residing in the Virgin Islands seeking adjustment of
their status to permanent resident alien status, and
such adjustment of status not to result in any reduction in the number of aliens who may acquire the
status of aliens lawfully admitted to the United States
for permanent residence under this chapter, see section
2(c)(1) of Pub. L. 97–271, set out as a note under section
1255 of this title.
EXEMPTION FROM NUMERICAL LIMITATIONS FOR CERTAIN ALIENS WHO APPLIED FOR ADJUSTMENT TO
STATUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE JUNE 1, 1978
Section 19 of Pub. L. 97–116 provided that: ‘‘The numerical limitations contained in sections 201 and 202 of
the Immigration and Nationality Act [sections 1151 and
1152 of this title] shall not apply to any alien who is
present in the United States and who, on or before June
1, 1978—
‘‘(1) qualified as a nonpreference immigrant under
section 203(a)(8) of such Act [section 1153(a)(8) of this
title] (as in effect on June 1, 1978);
‘‘(2) was determined to be exempt from the labor
certification requirement of section 212(a)(14) of such
Act [former section 1182(a)(14) of this title] because
the alien had actually invested, before such date, capital in an enterprise in the United States of which the
alien became a principal manager and which employed a person or persons (other than the spouse or
children of the alien) who are citizens of the United
States or aliens lawfully admitted for permanent residence; and
‘‘(3) applied for adjustment of status to that of an
alien lawfully admitted for permanent residence.’’
SELECT COMMISSION ON IMMIGRATION AND REFUGEE
POLICY
Section 4 of Pub. L. 95–412, as amended by Pub. L.
96–132, § 23, Nov. 30, 1979, 93 Stat. 1051, provided for the
establishment of a Select Commission on Immigration
and Refugee Policy to study and evaluate existing laws,
policies, and procedures governing the admission of immigrants and refugees to the United States, to make
such administrative and legislative recommendations
to the President and Congress as appropriate, and to
submit a final report no later than Mar. 1, 1981, at
which time it ceased to exist although it was authorized to function for up to 60 days thereafter to wind up
its affairs.
SELECT COMMISSION ON WESTERN HEMISPHERE
IMMIGRATION
Section 21(a)–(d) and (f)–(h) of Pub. L. 89–236 established a Select Commission on Western Hemisphere Immigration to study the operation of the immigration
laws of the United States as they pertain to Western
Hemisphere nations, with emphasis on the adequacy of
such laws from the standpoint of fairness and the impact of such laws on employment and working conditions within the United States, and to make a final report to the President on or before Jan. 15, 1968, and terminate not later than 60 days after filing the final report.
TERMINATION OF QUOTA DEDUCTIONS
Section 10 of Pub. L. 85–316, Sept. 11, 1957, 71 Stat. 642,
provided that the quota deductions required under the
provisions of former subsec. (e) of this section, the Displaced Persons Act of 1948, as amended, the act of June
30, 1950, and the act of April 9, 1952 were terminated effective July 1, 1957.

EFFECTIVE DATE OF REPEAL
Repeal effective on first day of first month which begins more than 60 days after Oct. 20, 1976, see section 10
of Pub. L. 94–571, set out as an Effective Date of 1976
Amendment note under section 1101 of this title.

§ 1152. Numerical limitations on individual foreign states
(a) Per country level
(1) Nondiscrimination
(A) Except as specifically provided in paragraph
(2)
and
in
sections
1101(a)(27),
1151(b)(2)(A)(i), and 1153 of this title, no person
shall receive any preference or priority or be
discriminated against in the issuance of an
immigrant visa because of the person’s race,
sex, nationality, place of birth, or place of residence.
(B) Nothing in this paragraph shall be construed to limit the authority of the Secretary
of State to determine the procedures for the
processing of immigrant visa applications or
the locations where such applications will be
processed.
(2) Per country levels for family-sponsored and
employment-based immigrants
Subject to paragraphs (3), (4), and (5), the
total number of immigrant visas made available to natives of any single foreign state or
dependent area under subsections (a) and (b) of
section 1153 of this title in any fiscal year may
not exceed 7 percent (in the case of a single
foreign state) or 2 percent (in the case of a dependent area) of the total number of such
visas made available under such subsections in
that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2)
with respect to one or more foreign states or
dependent areas, the total number of visas
available under both subsections (a) and (b) of
section 1153 of this title for a calendar quarter
exceeds the number of qualified immigrants
who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(4) Special rules for spouses and children of
lawful permanent resident aliens
(A) 75 percent of 2nd preference set-aside for
spouses and children not subject to per
country limitation
(i) In general
Of the visa numbers made available
under section 1153(a) of this title to immigrants described in section 1153(a)(2)(A) of
this title in any fiscal year, 75 percent of
the 2–A floor (as defined in clause (ii))
shall be issued without regard to the numerical limitation under paragraph (2).

Page 75

TITLE 8—ALIENS AND NATIONALITY

(ii) ‘‘2–A floor’’ defined
In this paragraph, the term ‘‘2–A floor’’
means, for a fiscal year, 77 percent of the
total number of visas made available
under section 1153(a) of this title to immigrants described in section 1153(a)(2) of
this title in the fiscal year.
(B) Treatment of remaining 25 percent for
countries subject to subsection (e)
(i) In general
Of the visa numbers made available
under section 1153(a) of this title to immigrants described in section 1153(a)(2)(A) of
this title in any fiscal year, the remaining
25 percent of the 2–A floor shall be available in the case of a state or area that is
subject to subsection (e) of this section
only to the extent that the total number
of visas issued in accordance with subparagraph (A) to natives of the foreign state or
area is less than the subsection (e) ceiling
(as defined in clause (ii)).
(ii) ‘‘Subsection (e) ceiling’’ defined
In clause (i), the term ‘‘subsection (e)
ceiling’’ means, for a foreign state or dependent area, 77 percent of the maximum
number of visas that may be made available under section 1153(a) of this title to
immigrants who are natives of the state or
area under section 1153(a)(2) of this title
consistent with subsection (e) of this section.
(C) Treatment of unmarried sons and daughters in countries subject to subsection (e)
In the case of a foreign state or dependent
area to which subsection (e) of this section
applies, the number of immigrant visas that
may be made available to natives of the
state or area under section 1153(a)(2)(B) of
this title may not exceed—
(i) 23 percent of the maximum number of
visas that may be made available under
section 1153(a) of this title to immigrants
of the state or area described in section
1153(a)(2) of this title consistent with subsection (e) of this section, or
(ii) the number (if any) by which the
maximum number of visas that may be
made available under section 1153(a) of
this title to immigrants of the state or
area described in section 1153(a)(2) of this
title consistent with subsection (e) of this
section exceeds the number of visas issued
under section 1153(a)(2)(A) of this title,
whichever is greater.
(D) Limiting pass down for certain countries
subject to subsection (e)
In the case of a foreign state or dependent
area to which subsection (e) of this section
applies, if the total number of visas issued
under section 1153(a)(2) of this title exceeds
the maximum number of visas that may be
made available to immigrants of the state or
area under section 1153(a)(2) of this title consistent with subsection (e) of this section
(determined without regard to this paragraph), in applying paragraphs (3) and (4) of

§ 1152

section 1153(a) of this title under subsection
(e)(2) of this section all visas shall be deemed
to have been required for the classes specified in paragraphs (1) and (2) of such section.
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country limitation if additional visas available
If the total number of visas available
under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such
visas, the visas made available under that
paragraph shall be issued without regard to
the numerical limitation under paragraph
(2) of this subsection during the remainder
of the calendar quarter.
(B) Limiting fall across for certain countries
subject to subsection (e) of this section
In the case of a foreign state or dependent
area to which subsection (e) of this section
applies, if the total number of visas issued
under section 1153(b) of this title exceeds the
maximum number of visas that may be made
available to immigrants of the state or area
under section 1153(b) of this title consistent
with subsection (e) of this section (determined without regard to this paragraph), in
applying subsection (e) of this section all
visas shall be deemed to have been required
for the classes of aliens specified in section
1153(b) of this title.
(b) Rules for chargeability
Each independent country, self-governing dominion, mandated territory, and territory under
the international trusteeship system of the
United Nations, other than the United States
and its outlying possessions, shall be treated as
a separate foreign state for the purposes of a numerical level established under subsection (a)(2)
of this section when approved by the Secretary
of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this chapter
the foreign state to which an immigrant is
chargeable shall be determined by birth within
such foreign state except that (1) an alien child,
when accompanied by or following to join his
alien parent or parents, may be charged to the
foreign state of either parent if such parent has
received or would be qualified for an immigrant
visa, if necessary to prevent the separation of
the child from the parent or parents, and if immigration charged to the foreign state to which
such parent has been or would be chargeable has
not reached a numerical level established under
subsection (a)(2) of this section for that fiscal
year; (2) if an alien is chargeable to a different
foreign state from that of his spouse, the foreign
state to which such alien is chargeable may, if
necessary to prevent the separation of husband
and wife, be determined by the foreign state of
the spouse he is accompanying or following to
join, if such spouse has received or would be
qualified for an immigrant visa and if immigration charged to the foreign state to which such
spouse has been or would be chargeable has not
reached a numerical level established under sub-

§ 1152

TITLE 8—ALIENS AND NATIONALITY

section (a)(2) of this section for that fiscal year;
(3) an alien born in the United States shall be
considered as having been born in the country of
which he is a citizen or subject, or, if he is not
a citizen or subject of any country, in the last
foreign country in which he had his residence as
determined by the consular officer; and (4) an
alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time
of such alien’s birth may be charged to the foreign state of either parent.
(c) Chargeability for dependent areas
Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien
described in section 1151(b) of this title, shall be
chargeable for the purpose of the limitation set
forth in subsection (a) of this section, to the foreign state.
(d) Changes in territory
In the case of any change in the territorial
limits of foreign states, the Secretary of State
shall, upon recognition of such change issue appropriate instructions to all diplomatic and consular offices.
(e) Special rules for countries at ceiling
If it is determined that the total number of
immigrant visas made available under subsections (a) and (b) of section 1153 of this title to
natives of any single foreign state or dependent
area will exceed the numerical limitation specified in subsection (a)(2) of this section in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections
(a) and (b) of section 1153 of this title, visa numbers with respect to natives of that state or area
shall be allocated (to the extent practicable and
otherwise consistent with this section and section 1153 of this title) in a manner so that—
(1) the ratio of the visa numbers made available under section 1153(a) of this title to the
visa numbers made available under section
1153(b) of this title is equal to the ratio of the
worldwide level of immigration under section
1151(c) of this title to such level under section
1151(d) of this title;
(2) except as provided in subsection (a)(4) of
this section, the proportion of the visa numbers made available under each of paragraphs
(1) through (4) of section 1153(a) of this title is
equal to the ratio of the total number of visas
made available under the respective paragraph
to the total number of visas made available
under section 1153(a) of this title, and
(3) except as provided in subsection (a)(5) of
this section, the proportion of the visa numbers made available under each of paragraphs
(1) through (5) of section 1153(b) of this title is
equal to the ratio of the total number of visas
made available under the respective paragraph
to the total number of visas made available
under section 1153(b) of this title.
Nothing in this subsection shall be construed as
limiting the number of visas that may be issued
to natives of a foreign state or dependent area
under section 1153(a) or 1153(b) of this title if
there is insufficient demand for visas for such
natives under section 1153(b) or 1153(a) of this

Page 76

title, respectively, or as limiting the number of
visas that may be issued under section
1153(a)(2)(A) of this title pursuant to subsection
(a)(4)(A) of this section.
(June 27, 1952, ch. 477, title II, ch. 1, § 202, 66 Stat.
176; Pub. L. 87–301, § 9, Sept. 26, 1961, 75 Stat. 654;
Pub. L. 89–236, § 2, Oct. 3, 1965, 79 Stat. 911; Pub.
L. 94–571, § 3, Oct. 20, 1976, 90 Stat. 2703; Pub. L.
95–412, § 2, Oct. 5, 1978, 92 Stat. 907; Pub. L. 96–212,
title II, § 203(b), Mar. 17, 1980, 94 Stat. 107; Pub.
L. 97–116, §§ 18(c), 20(b), Dec. 29, 1981, 95 Stat. 1620,
1622; Pub. L. 99–603, title III, § 311(a), Nov. 6, 1986,
100 Stat. 3434; Pub. L. 99–653, § 4, Nov. 14, 1986, 100
Stat. 3655; Pub. L. 100–525, §§ 8(c), 9(f), Oct. 24,
1988, 102 Stat. 2617, 2620; Pub. L. 101–649, title I,
§ 102, Nov. 29, 1990, 104 Stat. 4982; Pub. L. 102–232,
title III, § 302(a)(3), Dec. 12, 1991, 105 Stat. 1742;
Pub. L. 104–208, div. C, title VI, § 633, Sept. 30,
1996, 110 Stat. 3009–701; Pub. L. 106–313, title I,
§ 104(a), (b), Oct. 17, 2000, 114 Stat. 1252, 1253.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
2000—Subsec. (a)(2). Pub. L. 106–313, § 104(b)(1), substituted ‘‘paragraphs (3), (4), and (5)’’ for ‘‘paragraphs
(3) and (4)’’.
Subsec. (a)(5). Pub. L. 106–313, § 104(a), added par. (5).
Subsec. (e)(3). Pub. L. 106–313, § 104(b)(2), substituted
‘‘except as provided in subsection (a)(5) of this section,
the proportion of the visa numbers’’ for ‘‘the proportion of the visa numbers’’.
1996—Subsec. (a)(1). Pub. L. 104–208 designated existing provisions as subpar. (A) and added subpar. (B).
1991—Subsec. (a)(4)(A). Pub. L. 102–232 struck out
‘‘minimum’’ before ‘‘2nd preference set-aside’’ in heading.
1990—Subsec. (a). Pub. L. 101–649, § 102(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: ‘‘No person shall receive any preference
or priority or be discriminated against in the issuance
of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in sections 1101(a)(27), 1151(b), and
1153 of this title: Provided, That the total number of immigrant visas made available to natives of any single
foreign state under paragraphs (1) through (7) of section
1153(a) of this title shall not exceed 20,000 in any fiscal
year: And provided further, That to the extent that in a
particular fiscal year the number of such natives who
are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence and who are subject to the numerical
limitations of this section, together with the aliens
from the same foreign state who adjust their status to
aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 1101(a)(27) of this
title or section 19 of the Immigration and Nationality
Amendments Act of 1981, exceed the numerical limitation in effect for such year pursuant to this section, the
Secretary of State shall reduce to such extent the numerical limitation in effect for the natives of the same
foreign state pursuant to this section for the following
fiscal year.’’
Subsec. (b). Pub. L. 101–649, § 102(2), inserted heading
and substituted reference to numerical level established under subsec. (a)(2) of this section for reference
to numerical limitation set forth in proviso to subsec.
(a) of this section, wherever appearing.

Page 77

TITLE 8—ALIENS AND NATIONALITY

Subsec. (c). Pub. L. 101–649, § 102(3), inserted heading
and substituted ‘‘an alien described in section 1151(b) of
this title’’ for ‘‘a special immigrant, as defined in section 1101(a)(27) of this title, or an immediate relative of
a United States citizen, as defined in section 1151(b) of
this title’’ and struck out ‘‘, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 5,000 in any
one fiscal year’’ after ‘‘to the foreign state’’.
Subsec. (d). Pub. L. 101–649, § 102(4), inserted heading.
Subsec. (e). Pub. L. 101–649, § 102(5), amended subsec.
(e) generally, substituting provisions relating to special rules for countries at ceiling for provisions relating to availability and allocation of additional visas.
1988—Subsec. (b). Pub. L. 100–525, § 8(c), amended Pub.
L. 99–653, § 4. See 1986 Amendment note below.
Subsec. (c). Pub. L. 100–525, § 9(f)(1), substituted ‘‘subsection (a)’’ for ‘‘section 202(a)’’ in original, which for
purposes of codification had been translated as ‘‘subsection (a) of this section’’.
Subsec. (e). Pub. L. 100–525, § 9(f)(2), substituted ‘‘this
section’’ for ‘‘section 202’’ in original, which for purposes of codification had been translated as ‘‘this section’’.
1986—Subsec. (b). Pub. L. 99–653, as amended by Pub.
L. 100–525, § 8(c), amended subsec. (b) generally, substituting ‘‘outlying possessions, shall’’ for ‘‘outlying
possessions shall’’, in cl. (1) substituting ‘‘when accompanied by or following to join his alien’’ for ‘‘when accompanied by his alien’’, ‘‘charged to the foreign state
of either parent’’ for ‘‘charged to the same foreign state
as the accompanying parent or of either accompanying
parent’’, ‘‘from the parent’’ for ‘‘from the accompanying parent’’, ‘‘and if immigration charged to the foreign
state to which such parent has been or would be
chargeable has not reached the numerical’’ for ‘‘and if
the foreign state to which such parent has been or
would be chargeable has not exceeded the numerical’’,
in cl. (2) substituting ‘‘of his spouse’’ for ‘‘of his accompanying spouse’’, ‘‘of the spouse he is accompanying or
following to join’’ for ‘‘of the accompanying spouse’’,
‘‘and if immigration charged to the foreign state to
which such spouse has been or would be chargeable has
not reached the numerical’’ for ‘‘and if the foreign
state to which such spouse has been or would be
chargeable has not exceeded the numerical’’, and in cl.
(3) substituting ‘‘subject, or, if’’ for ‘‘subject, or if’’ and
‘‘country, in’’ for ‘‘country then in’’.
Subsec. (c). Pub. L. 99–603, § 311(a)(1), substituted
‘‘5,000’’ for ‘‘six hundred’’.
Subsec. (e). Pub. L. 99–603, § 311(a)(2), substituted
‘‘5,000’’ for ‘‘600’’ in provisions preceding par. (1).
1981—Subsec. (a). Pub. L. 97–116, § 20(b), inserted proviso authorizing Secretary of State, to the extent that
in a particular fiscal year the number of natives who
are issued visas or who otherwise acquire the status of
aliens lawfully admitted for permanent residence, and
who are subject to the numerical limitation of this section, together with the aliens from the same foreign
state who adjust their status to aliens lawfully admitted for permanent residence pursuant to section
1101(a)(27)(H) of this title and section 19 of the Immigration and Nationality Amendments of 1981, exceed
the annual numerical limitation in effect for such year,
to reduce to such extent the numerical limitation in effect for the natives of the same foreign state for the
following fiscal year.
Subsec. (b). Pub. L. 97–116, § 18(c), inserted ‘‘and’’ before ‘‘(4)’’.
1980—Subsec. (a). Pub. L. 96–212, § 203(b)(1), (2), substituted ‘‘through (7)’’ for ‘‘through (8)’’, and struck out
‘‘and the number of conditional entries’’ after ‘‘visas’’.
Subsec. (e). Pub. L. 96–212, § 203(b)(3)–(7), in introductory text struck out provisions relating to applicability
to conditional entries, in par. (2) substituted ‘‘(26)’’ for
‘‘(20)’’, struck out par. (7) relating to availability of
conditional entries, and redesignated par. (8) as (7) and
substituted ‘‘through (6)’’ for ‘‘through (7)’’.
1978—Subsec. (c). Pub. L. 95–412 substituted ‘‘limitation set forth in subsection (a) of this section, to the

§ 1152

foreign state,’’ for ‘‘limitations set forth in section
1151(a) and subsection (a) of this section, to the hemisphere in which such colony or other component or dependent area is located, and to the foreign state, respectively,’’ and ‘‘six hundred’’ for ‘‘600’’.
1976—Subsec. (a). Pub. L. 94–571, § 3(1), struck out last
proviso which read: ‘‘Provided further, That the foregoing proviso shall not operate to reduce the number of
immigrants who may be admitted under the quota of
any quota area before June 30, 1968’’.
Subsec. (c). Pub. L. 94–571, § 3(2), in revising provisions, substituted ‘‘overseas from the foreign state,
other than a special immigrant, as defined in section
1101(a)(27) of this title, or an immediate relative of a
United States citizen, as defined in section 1151(b) of
this title, shall be chargeable for the purpose of the
limitations set forth in section 1151(a) of this title and
subsection (a) of this section, to the hemisphere in
which such colony or other component or dependent
area is located, and to the foreign state, respectively,
and the number of immigrant visas available to each
such colony or other component or dependent area
shall not exceed 600 in any one fiscal year’’ for ‘‘unless
a special immigrant as provided in section 1101(a)(27) of
this title or an immediate relative of a United States
citizen as specified in section 1151(b) of this title, shall
be chargeable, for the purpose of limitation set forth in
subsection (a) of this section, to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas
from the foreign state chargeable to the foreign state
in any one fiscal year shall not exceed 1 per centum of
the maximum number of immigrant visas available to
such foreign state’’.
Subsec. (e). Pub. L. 94–571, § 3(3), added subsec. (e).
1965—Subsec. (a). Pub. L. 89–236 substituted provisions prohibiting preferences or priorities or discrimination in the issuance of an immigrant visa because of
race, sex, nationality, place of birth, or place of residence, setting a limit of 20,000 per year on the total
number of entries available to natives of any single foreign state, and prohibiting the 20,000 limitation from
reducing the number of immigrants under the quota of
any quota area before June 30, 1968, for provisions calling for the charging of immigrants, with certain exceptions, to the annual quota of the quota area of his
birth.
Subsec. (b). Pub. L. 89–236 substituted provisions calling for treatment of each independent country, selfgoverning dominion, mandated territory, and trusteeship territory as a separate foreign state for purposes
of determining the numerical limitation imposed on
each foreign state, and chargeability of immigrants to
the country of their birth except where such chargeability would cause the family unit to be divided, for
provisions setting up the Asia-Pacific triangle and providing for the special treatment of quota chargeability
thereunder on the basis of racial ancestry.
Subsec. (c). Pub. L. 89–236 substituted provisions
making immigrants born in colonies or other component or dependent areas of a foreign state chargeable to
the foreign state and placing a limitation on the number of such immigrants of 1 per centum of the maximum number of visas available to the foreign state, for
provisions making immigrants born in colonies for
which no specific quota are set chargeable to the governing country and placing a limit of 100 on such immigrants from each governing country each year, with
special application to the Asia-Pacific triangle.
Subsec. (d). Pub. L. 89–236 substituted provisions requiring Secretary of State, upon a change in the territorial limits of foreign states, to issue appropriate instructions to all diplomatic and consular offices, for
provisions that the terms of an immigration quota for
a quota area do not constitute recognition of the transfer of territory or of a government not recognized by
the United States.
Subsec. (e). Pub. L. 89–236 repealed subsec. (e) which
allowed revision of quotas.
1961—Subsec. (e). Pub. L. 87–301 provided that if an
area undergoes a change of administrative arrange-

§ 1153

TITLE 8—ALIENS AND NATIONALITY

ments, boundaries, or other political change, the annual quota of the newly established area, or the visas
authorized to be issued shall not be less than the total
of quotas in effect or visas authorized for the area immediately preceding the change, and deleted provisions
which in the event of an increase in minimum quota
areas above twenty in the Asia-Pacific triangle, would
proportionately decrease each quota of the area so the
sum of all area quotas did not exceed two thousand.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 Pub. L. 101–649 effective Oct. 1, 1991,
and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 8(c) of Pub. L. 100–525 effective
as if included in the enactment of the Immigration and
Nationality Act Amendments of 1986, Pub. L. 99–653, see
section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note
under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14,
1986, see section 23(a) of Pub. L. 99–653, set out as a note
under section 1101 of this title.
Section 311(b) of Pub. L. 99–603 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to fiscal years beginning after the
date of the enactment of this Act [Nov. 6, 1986].’’
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–212 effective, except as
otherwise provided, Apr. 1, 1980, see section 204 of Pub.
L. 96–212, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
TREATMENT OF HONG KONG UNDER PER COUNTRY
LEVELS
Section 103 of Pub. L. 101–649 provided that: ‘‘The approval referred to in the first sentence of section 202(b)
of the Immigration and Nationality Act [8 U.S.C.
1152(b)] shall be considered to have been granted, effective beginning with fiscal year 1991, with respect to
Hong Kong as a separate foreign state, and not as a colony or other component or dependent area of another
foreign state, except that the total number of immigrant visas made available to natives of Hong Kong
under subsections (a) and (b) of section 203 of such Act
[8 U.S.C. 1153(a), (b)] in each of fiscal years 1991, 1992,
and 1993 may not exceed 10,000.’’
[Section 103 of Pub. L. 101–649 effective Nov. 29, 1990,
and (unless otherwise provided) applicable to fiscal

Page 78

year 1991, see section 161(b) of Pub. L. 101–649, set out
as an Effective Date of 1990 Amendment note under section 1101 of this title.]
INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS RESIDING IN THE UNITED STATES VIRGIN
ISLANDS
The numerical limitations described in text not to
apply in the case of certain aliens residing in the Virgin Islands seeking adjustment of their status to permanent resident alien status, and such adjustment of
status not to result in any reduction in the number of
aliens who may acquire the status of aliens lawfully admitted to the United States for permanent residence
under this chapter, see section 2(c)(1) of Pub. L. 97–271,
set out as a note under section 1255 of this title.
EXEMPTION FROM NUMERICAL LIMITATIONS FOR CERTAIN ALIENS WHO APPLIED FOR ADJUSTMENT TO
STATUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE JUNE 1, 1978
For provisions rendering inapplicable the numerical
limitations contained in this section to certain aliens
who had applied for adjustment to the status of permanent resident alien on or before June 1, 1978, see section
19 of Pub. L. 97–116, set out as a note under section 1151
of this title.
APPROVAL BY SECRETARY OF STATE TREATING TAIWAN
(CHINA) AS SEPARATE FOREIGN STATE FOR PURPOSES
OF NUMERICAL LIMITATION ON IMMIGRANT VISAS
Pub. L. 97–113, title VII, § 714, Dec. 29, 1981, 95 Stat.
1548, provided that: ‘‘The approval referred to in the
first sentence of section 202(b) of the Immigration and
Nationality Act [subsec. (b) of this section] shall be
considered to have been granted with respect to Taiwan
(China).’’

§ 1153. Allocation of immigrant visas
(a) Preference allocation for family-sponsored
immigrants
Aliens subject to the worldwide level specified
in section 1151(c) of this title for family-sponsored immigrants shall be allotted visas as follows:
(1) Unmarried sons and daughters of citizens
Qualified immigrants who are the unmarried
sons or daughters of citizens of the United
States shall be allocated visas in a number not
to exceed 23,400, plus any visas not required for
the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident
aliens
Qualified immigrants—
(A) who are the spouses or children of an
alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of
an alien lawfully admitted for permanent
residence,
shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which
such worldwide level exceeds 226,000, plus any
visas not required for the class specified in
paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to
aliens described in subparagraph (A).
(3) Married sons and married daughters of citizens
Qualified immigrants who are the married
sons or married daughters of citizens of the

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United States shall be allocated visas in a
number not to exceed 23,400, plus any visas not
required for the classes specified in paragraphs
(1) and (2).
(4) Brothers and sisters of citizens
Qualified immigrants who are the brothers
or sisters of citizens of the United States, if
such citizens are at least 21 years of age, shall
be allocated visas in a number not to exceed
65,000, plus any visas not required for the
classes specified in paragraphs (1) through (3).
(b) Preference allocation for employment-based
immigrants
Aliens subject to the worldwide level specified
in section 1151(d) of this title for employmentbased immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the
classes specified in paragraphs (4) and (5), to
qualified immigrants who are aliens described
in any of the following subparagraphs (A)
through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph
if—
(i) the alien has extraordinary ability in
the sciences, arts, education, business, or
athletics which has been demonstrated by
sustained national or international acclaim and whose achievements have been
recognized in the field through extensive
documentation,
(ii) the alien seeks to enter the United
States to continue work in the area of extraordinary ability, and
(iii) the alien’s entry into the United
States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph
if—
(i) the alien is recognized internationally
as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United
States—
(I) for a tenured position (or tenuretrack position) within a university or institution of higher education to teach in
the academic area,
(II) for a comparable position with a
university or institution of higher education to conduct research in the area,
or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private
employer, if the department, division, or
institute employs at least 3 persons fulltime in research activities and has
achieved documented accomplishments
in an academic field.

§ 1153

(C) Certain multinational executives and
managers
An alien is described in this subparagraph
if the alien, in the 3 years preceding the
time of the alien’s application for classification and admission into the United States
under this subparagraph, has been employed
for at least 1 year by a firm or corporation
or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter
the United States in order to continue to
render services to the same employer or to a
subsidiary or affiliate thereof in a capacity
that is managerial or executive.
(2) Aliens who are members of the professions
holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number
not to exceed 28.6 percent of such worldwide
level, plus any visas not required for the
classes specified in paragraph (1), to qualified immigrants who are members of the
professions holding advanced degrees or
their equivalent or who because of their exceptional ability in the sciences, arts, or
business, will substantially benefit prospectively the national economy, cultural or
educational interests, or welfare of the
United States, and whose services in the sciences, arts, professions, or business are
sought by an employer in the United States.
(B) Waiver of job offer
(i) National interest waiver
Subject to clause (ii), the Attorney General may, when the Attorney General
deems it to be in the national interest,
waive the requirements of subparagraph
(A) that an alien’s services in the sciences,
arts, professions, or business be sought by
an employer in the United States.
(ii) Physicians working in shortage areas
or veterans facilities
(I) In general
The Attorney General shall grant a national interest waiver pursuant to clause
(i) on behalf of any alien physician with
respect to whom a petition for preference classification has been filed under
subparagraph (A) if—
(aa) the alien physician agrees to
work full time as a physician in an
area or areas designated by the Secretary of Health and Human Services
as having a shortage of health care
professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has
previously determined that the alien
physician’s work in such an area or at
such facility was in the public interest.
(II) Prohibition
No permanent resident visa may be issued to an alien physician described in
subclause (I) by the Secretary of State

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TITLE 8—ALIENS AND NATIONALITY

under section 1154(b) of this title, and
the Attorney General may not adjust the
status of such an alien physician from
that of a nonimmigrant alien to that of
a permanent resident alien under section
1255 of this title, until such time as the
alien has worked full time as a physician
for an aggregate of 5 years (not including
the time served in the status of an alien
described in section 1101(a)(15)(J) of this
title), in an area or areas designated by
the Secretary of Health and Human
Services as having a shortage of health
care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Statutory construction
Nothing in this subparagraph may be
construed to prevent the filing of a petition with the Attorney General for classification under section 1154(a) of this
title, or the filing of an application for
adjustment of status under section 1255
of this title, by an alien physician described in subclause (I) prior to the date
by which such alien physician has completed the service described in subclause
(II).
(IV) Effective date
The requirements of this subsection do
not affect waivers on behalf of alien physicians
approved
under
subsection
(b)(2)(B) of this section before the enactment date of this subsection. In the case
of a physician for whom an application
for a waiver was filed under subsection
(b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall
grant a national interest waiver pursuant to subsection (b)(2)(B) of this section
except that the alien is required to have
worked full time as a physician for an
aggregate of 3 years (not including time
served in the status of an alien described
in section 1101(a)(15)(J) of this title) before a visa can be issued to the alien
under section 1154(b) of this title or the
status of the alien is adjusted to permanent resident under section 1255 of this
title.
(C) Determination of exceptional ability
In determining under subparagraph (A)
whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college,
university, school, or other institution of
learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other
workers
(A) In general
Visas shall be made available, in a number
not to exceed 28.6 percent of such worldwide
level, plus any visas not required for the
classes specified in paragraphs (1) and (2), to
the following classes of aliens who are not
described in paragraph (2):

Page 80

(i) Skilled workers
Qualified immigrants who are capable,
at the time of petitioning for classification
under this paragraph, of performing
skilled labor (requiring at least 2 years
training or experience), not of a temporary
or seasonal nature, for which qualified
workers are not available in the United
States.
(ii) Professionals
Qualified immigrants who hold baccalaureate degrees and who are members of
the professions.
(iii) Other workers
Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or
seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made
available under this paragraph in any fiscal
year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an
immigrant under subparagraph (A) until the
consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182(a)(5)(A)
of this title.
(4) Certain special immigrants
Visas shall be made available, in a number
not to exceed 7.1 percent of such worldwide
level, to qualified special immigrants described in section 1101(a)(27) of this title (other
than those described in subparagraph (A) or
(B) thereof), of which not more than 5,000 may
be made available in any fiscal year to special
immigrants described in subclause (II) or (III)
of section 1101(a)(27)(C)(ii) of this title, and not
more than 100 may be made available in any
fiscal year to special immigrants, excluding
spouses and children, who are described in section 1101(a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number
not to exceed 7.1 percent of such worldwide
level, to qualified immigrants seeking to
enter the United States for the purpose of
engaging in a new commercial enterprise
(including a limited partnership)—
(i) in which such alien has invested
(after November 29, 1990) or, is actively in
the process of investing, capital in an
amount not less than the amount specified
in subparagraph (C), and
(ii) which will benefit the United States
economy and create full-time employment
for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the
United States (other than the immigrant

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TITLE 8—ALIENS AND NATIONALITY

and the immigrant’s spouse, sons, or
daughters).
(B) Set-aside for targeted employment areas
(i) In general
Not less than 3,000 of the visas made
available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial
enterprise described in subparagraph (A)
which will create employment in a targeted employment area.
(ii) ‘‘Targeted employment area’’ defined
In this paragraph, the term ‘‘targeted
employment area’’ means, at the time of
the investment, a rural area or an area
which has experienced high unemployment
(of at least 150 percent of the national average rate).
(iii) ‘‘Rural area’’ defined
In this paragraph, the term ‘‘rural area’’
means any area other than an area within
a metropolitan statistical area or within
the outer boundary of any city or town
having a population of 20,000 or more
(based on the most recent decennial census
of the United States).
(C) Amount of capital required
(i) In general
Except as otherwise provided in this subparagraph, the amount of capital required
under subparagraph (A) shall be $1,000,000.
The Attorney General, in consultation
with the Secretary of Labor and the Secretary of State, may from time to time
prescribe regulations increasing the dollar
amount specified under the previous sentence.
(ii) Adjustment for targeted employment
areas
The Attorney General may, in the case
of investment made in a targeted employment area, specify an amount of capital
required under subparagraph (A) that is
less than (but not less than 1⁄2 of) the
amount specified in clause (i).
(iii) Adjustment for high employment areas
In the case of an investment made in a
part of a metropolitan statistical area
that at the time of the investment—
(I) is not a targeted employment area,
and
(II) is an area with an unemployment
rate significantly below the national average unemployment rate,
the Attorney General may specify an
amount of capital required under subparagraph (A) that is greater than (but not
greater than 3 times) the amount specified
in clause (i).
(D) Full-time employment defined
In this paragraph, the term ‘‘full-time employment’’ means employment in a position
that requires at least 35 hours of service per
week at any time, regardless of who fills the
position.

§ 1153

(6) Special rules for ‘‘K’’ special immigrants
(A) Not counted against numerical limitation
in year involved
Subject to subparagraph (B), the number
of immigrant visas made available to special
immigrants under section 1101(a)(27)(K) of
this title in a fiscal year shall not be subject
to the numerical limitations of this subsection or of section 1152(a) of this title.
(B) Counted against numerical limitations in
following year
(i) Reduction in employment-based immigrant classifications
The number of visas made available in
any fiscal year under paragraphs (1), (2),
and (3) shall each be reduced by 1⁄3 of the
number of visas made available in the previous fiscal year to special immigrants described in section 1101(a)(27)(K) of this
title.
(ii) Reduction in per country level
The number of visas made available in
each fiscal year to natives of a foreign
state under section 1152(a) of this title
shall be reduced by the number of visas
made available in the previous fiscal year
to special immigrants described in section
1101(a)(27)(K) of this title who are natives
of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country
ceiling
In the case of a foreign state subject to
section 1152(e) of this title in a fiscal year
(and in the previous fiscal year), the number of visas made available and allocated
to each of paragraphs (1) through (3) of
this subsection in the fiscal year shall be
reduced by 1⁄3 of the number of visas made
available in the previous fiscal year to special immigrants described in section
1101(a)(27)(K) of this title who are natives
of the foreign state.
(c) Diversity immigrants
(1) In general
Except as provided in paragraph (2), aliens
subject to the worldwide level specified in section 1151(e) of this title for diversity immigrants shall be allotted visas each fiscal year
as follows:
(A) Determination of preference immigration
The Attorney General shall determine for
the most recent previous 5-fiscal-year period
for which data are available, the total number of aliens who are natives of each foreign
state and who (i) were admitted or otherwise
provided lawful permanent resident status
(other than under this subsection) and (ii)
were subject to the numerical limitations of
section 1151(a) of this title (other than paragraph (3) thereof) or who were admitted or
otherwise provided lawful permanent resident status as an immediate relative or
other alien described in section 1151(b)(2) of
this title.

§ 1153

TITLE 8—ALIENS AND NATIONALITY

(B) Identification of high-admission and lowadmission regions and high-admission
and low-admission states
The Attorney General—
(i) shall identify—
(I) each region (each in this paragraph
referred to as a ‘‘high-admission region’’)
for which the total of the numbers determined under subparagraph (A) for states
in the region is greater than 1⁄6 of the
total of all such numbers, and
(II) each other region (each in this
paragraph referred to as a ‘‘low-admission region’’); and
(ii) shall identify—
(I) each foreign state for which the
number determined under subparagraph
(A) is greater than 50,000 (each such state
in this paragraph referred to as a ‘‘highadmission state’’), and
(II) each other foreign state (each such
state in this paragraph referred to as a
‘‘low-admission state’’).
(C) Determination of percentage of worldwide immigration attributable to highadmission regions
The Attorney General shall determine the
percentage of the total of the numbers determined under subparagraph (A) that are numbers for foreign states in high-admission regions.
(D) Determination of regional populations
excluding high-admission states and ratios of populations of regions within lowadmission regions and high-admission regions
The Attorney General shall determine—
(i) based on available estimates for each
region, the total population of each region
not including the population of any highadmission state;
(ii) for each low-admission region, the
ratio of the population of the region determined under clause (i) to the total of the
populations determined under such clause
for all the low-admission regions; and
(iii) for each high-admission region, the
ratio of the population of the region determined under clause (i) to the total of the
populations determined under such clause
for all the high-admission regions.
(E) Distribution of visas
(i) No visas for natives of high-admission
states
The percentage of visas made available
under this paragraph to natives of a highadmission state is 0.
(ii) For low-admission states in low-admission regions
Subject to clauses (iv) and (v), the percentage of visas made available under this
paragraph to natives (other than natives of
a high-admission state) in a low-admission
region is the product of—
(I) the percentage determined under
subparagraph (C), and
(II) the population ratio for that region
determined under subparagraph (D)(ii).

Page 82

(iii) For low-admission states in high-admission regions
Subject to clauses (iv) and (v), the percentage of visas made available under this
paragraph to natives (other than natives of
a high-admission state) in a high-admission region is the product of—
(I) 100 percent minus the percentage
determined under subparagraph (C), and
(II) the population ratio for that region
determined under subparagraph (D)(iii).
(iv) Redistribution of unused visa numbers
If the Secretary of State estimates that
the number of immigrant visas to be issued to natives in any region for a fiscal
year under this paragraph is less than the
number of immigrant visas made available
to such natives under this paragraph for
the fiscal year, subject to clause (v), the
excess visa numbers shall be made available to natives (other than natives of a
high-admission state) of the other regions
in proportion to the percentages otherwise
specified in clauses (ii) and (iii).
(v) Limitation on visas for natives of a single foreign state
The percentage of visas made available
under this paragraph to natives of any single foreign state for any fiscal year shall
not exceed 7 percent.
(F) ‘‘Region’’ defined
Only for purposes of administering the diversity program under this subsection,
Northern Ireland shall be treated as a separate foreign state, each colony or other component or dependent area of a foreign state
overseas from the foreign state shall be
treated as part of the foreign state, and the
areas described in each of the following
clauses shall be considered to be a separate
region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central
America, and the Caribbean.
(2) Requirement of education or work experience
An alien is not eligible for a visa under this
subsection unless the alien—
(A) has at least a high school education or
its equivalent, or
(B) has, within 5 years of the date of application for a visa under this subsection, at
least 2 years of work experience in an occupation which requires at least 2 years of
training or experience.
(3) Maintenance of information
The Secretary of State shall maintain information on the age, occupation, education
level, and other relevant characteristics of immigrants issued visas under this subsection.
(d) Treatment of family members
A spouse or child as defined in subparagraph
(A), (B), (C), (D), or (E) of section 1101(b)(1) of

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TITLE 8—ALIENS AND NATIONALITY

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

§ 1153

an alien lawfully admitted for permanent
residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described
in paragraph (2) was pending.
(2) Petitions described
The petition described in this paragraph is—
(A) with respect to a relationship described in subsection (a)(2)(A) of this section, a petition filed under section 1154 of
this title for classification of an alien child
under subsection (a)(2)(A) of this section; or
(B) with respect to an alien child who is a
derivative beneficiary under subsection (d)
of this section, a petition filed under section
1154 of this title for classification of the
alien’s parent under subsection (a), (b), or (c)
of this section.
(3) Retention of priority date
If the age of an alien is determined under
paragraph (1) to be 21 years of age or older for
the purposes of subsections (a)(2)(A) and (d) of
this section, the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original
priority date issued upon receipt of the original petition.
(4) Application to self-petitions
Paragraphs (1) through (3) shall apply to
self-petitioners and derivatives of self-petitioners.
(June 27, 1952, ch. 477, title II, ch. 1, § 203, 66 Stat.
178; Pub. L. 85–316, § 3, Sept. 11, 1957, 71 Stat. 639;
Pub. L. 86–363, §§ 1–3, Sept. 22, 1959, 73 Stat. 644;
Pub. L. 89–236, § 3, Oct. 3, 1965, 79 Stat. 912; Pub.
L. 94–571, § 4, Oct. 20, 1976, 90 Stat. 2705; Pub. L.
95–412, § 3, Oct. 5, 1978, 92 Stat. 907; Pub. L. 95–417,
§ 1, Oct. 5, 1978, 92 Stat. 917; Pub. L. 96–212, title
II, § 203(c), (i), Mar. 17, 1980, 94 Stat. 107, 108; Pub.
L. 101–649, title I, §§ 111, 121(a), 131, 162(a)(1), title
VI, § 603(a)(3), Nov. 29, 1990, 104 Stat. 4986, 4987,
4997, 5009, 5082; Pub. L. 102–110, § 2(b), Oct. 1, 1991,
105 Stat. 555; Pub. L. 102–232, title III, § 302(b)(2),
(e)(3), Dec. 12, 1991, 105 Stat. 1743, 1745; Pub. L.
103–416, title II, §§ 212(b), 219(c), Oct. 25, 1994, 108
Stat. 4314, 4316; Pub. L. 106–95, § 5, Nov. 12, 1999,
113 Stat. 1318; Pub. L. 106–113, div. B, § 1000(a)(1)
[title I, § 117], Nov. 29, 1999, 113 Stat. 1535,
1501A–21; Pub. L. 106–536, § 1(b)(1), Nov. 22, 2000,
114 Stat. 2560; Pub. L. 107–208, § 3, Aug. 6, 2002, 116
Stat. 928; Pub. L. 107–273, div. C, title I, §§ 11035,
11036(a), Nov. 2, 2002, 116 Stat. 1846; Pub. L.
109–162, title VIII, § 805(b)(2), Jan. 5, 2006, 119
Stat. 3056.)
REFERENCES IN TEXT
The enactment date of this subsection, referred to in
subsec. (b)(2)(B)(ii)(IV), probably means the date of enactment of Pub. L. 106–95, which amended subsec.
(b)(2)(B) of this section generally, and which was approved Nov. 12, 1999.
AMENDMENTS
2006—Subsec. (h)(4). Pub. L. 109–162 added par. (4).
2002—Subsec. (b)(5)(A). Pub. L. 107–273, § 11036(a)(1)(A),
substituted ‘‘enterprise (including a limited partnership)—’’ for ‘‘enterprise—’’ in introductory provisions.
Subsec. (b)(5)(A)(i) to (iii). Pub. L. 107–273,
§ 11036(a)(1)(B), (C), redesignated cls. (ii) and (iii) as (i)

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TITLE 8—ALIENS AND NATIONALITY

and (ii), respectively, and struck out former cl. (i)
which read as follows: ‘‘which the alien has established,’’.
Subsec. (b)(5)(B)(i). Pub. L. 107–273, § 11036(a)(2), substituted ‘‘invest in’’ for ‘‘establish’’.
Subsec. (b)(5)(D). Pub. L. 107–273, § 11035, added subpar. (D).
Subsec. (h). Pub. L. 107–208 added subsec. (h).
2000—Subsec. (b)(4). Pub. L. 106–536 inserted before period at end ‘‘, and not more than 100 may be made
available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101(a)(27)(M) of this title’’.
1999—Subsec. (b)(2)(B). Pub. L. 106–95 and Pub. L.
106–113 amended subpar. (B) generally in substantially
identical manner. Pub. L. 106–95 provided headings.
Text is based on Pub. L. 106–113. Prior to amendment,
text read as follows: ‘‘The Attorney General may, when
he deems it to be in the national interest, waive the requirement of subparagraph (A) that an alien’s services
in the sciences, arts, professions, or business be sought
by an employer in the United States.’’
1994—Subsec. (b)(5)(B), (C). Pub. L. 103–416, § 219(c),
substituted ‘‘Targeted’’ and ‘‘targeted’’ for ‘‘Targetted’’
and ‘‘targetted’’, respectively, wherever appearing in
headings and text.
Subsec. (b)(6)(C). Pub. L. 103–416, § 212(b), struck out
subpar. (C) which related to application of separate numerical limitations.
1991—Subsec. (b)(1). Pub. L. 102–232, § 302(b)(2)(A), substituted ‘‘28.6 percent of such worldwide level’’ for
‘‘40,000’’.
Subsec. (b)(1)(C). Pub. L. 102–232, § 302(b)(2)(B), substituted ‘‘the alien seeks’’ for ‘‘who seeks’’.
Subsec. (b)(2)(A). Pub. L. 102–232, § 302(b)(2)(A), substituted ‘‘28.6 percent of such worldwide level’’ for
‘‘40,000’’.
Subsec. (b)(2)(B). Pub. L. 102–232, § 302(b)(2)(D), inserted ‘‘professions,’’ after ‘‘arts,’’.
Subsec. (b)(3)(A). Pub. L. 102–232, § 302(b)(2)(A), substituted ‘‘28.6 percent of such worldwide level’’ for
‘‘40,000’’.
Subsec. (b)(4), (5)(A). Pub. L. 102–232, § 302(b)(2)(C),
substituted ‘‘7.1 percent of such worldwide level’’ for
‘‘10,000’’.
Subsec. (b)(6). Pub. L. 102–110 added par. (6).
Subsec. (f). Pub. L. 102–232, § 302(e)(3), substituted
‘‘Authorization for issuance’’ for ‘‘Presumption’’ in
heading, struck out at beginning ‘‘Every immigrant
shall be presumed not to be described in subsection (a)
or (b) of this section, section 1101(a)(27) of this title, or
section 1151(b)(2) of this title, until the immigrant establishes to the satisfaction of the consular officer and
the immigration officer that the immigrant is so described.’’, and substituted ‘‘1151(b)(2) of this title or in
subsection (a), (b), or (c)’’ for ‘‘1151(b)(1) of this title or
in subsection (a) or (b)’’.
1990—Subsec. (a). Pub. L. 101–649, § 111(2), added subsec. (a) and struck out former subsec. (a) which related
to allocation of visas of aliens subject to section 1151(a)
limitations.
Subsec. (a)(7). Pub. L. 101–649, § 603(a)(3), substituted
‘‘section 1182(a)(5) of this title’’ for ‘‘section 1182(a)(14)
of this title’’.
Subsec. (b). Pub. L. 101–649, §§ 111(1), 121(a), added subsec. (b) and redesignated former subsec. (b) as (d).
Subsec. (c). Pub. L. 101–649, §§ 111(1), 131, added subsec.
(c) and redesignated former subsec. (c) as (e).
Subsec. (d). Pub. L. 101–649, § 162(a)(1), added subsec.
(d) and struck out former subsec. (d) which related to
order of consideration given applications for immigrant
visas.
Pub. L. 101–649, § 111(1), redesignated former subsec.
(b) as (d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 101–649, § 162(a)(1), added subsec.
(e) and struck out former subsec. (e) which related to
order of issuance of immigrant visas.
Pub. L. 101–649, § 111(1), redesignated subsec. (c) as (e).
Former subsec. (e) redesignated (g).
Subsec. (f). Pub. L. 101–649, § 162(a)(1), added subsec. (f)
and struck out former subsec. (f) which related to pre-

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sumption of nonpreference status and grant of status
by consular officers.
Pub. L. 101–649, § 111(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 101–649, § 162(a)(1), added subsec.
(g) and struck out former subsec. (g) which related to
estimates of anticipated numbers of visas to be issued,
termination and reinstatement of registration of
aliens, and revocation of approval of petition.
Pub. L. 101–649, § 111(1), redesignated subsec. (e) as (g).
1980—Subsec. (a). Pub. L. 96–212, § 203(c)(1)–(6), in introductory text struck out applicability to conditional
entry, in par. (2) substituted ‘‘(26)’’ for ‘‘(20)’’, struck
out par. (7) relating to availability of conditional entries, redesignated former par. (8) as (7) and struck out
applicability to number of conditional entries and visas
available under former par. (7), and redesignated
former par. (9) as (8) and substituted provisions relating
to applicability of pars. (1) to (7) to visas, for provisions
relating to applicability of pars. (1) to (8) to conditional
entries.
Subsec. (d). Pub. L. 96–212, § 203(c)(7), substituted
‘‘preference status under paragraphs (1) through (6)’’
for ‘‘preference status under paragraphs (1) through
(7)’’.
Subsec. (f). Pub. L. 96–212, § 203(c)(8), struck out subsec. (f) which related to reports to Congress of refugees
conditionally entering the United States.
Subsec. (g). Pub. L. 96–212, § 203(c)(8), struck out subsec. (g) which set forth provisions respecting inspection
and examination of refugees after one year.
Pub. L. 96–212, § 203(i), substituted provisions relating
to inspection and examination of refugees after one
year for provisions relating to inspection and examination of refugees after two years.
Subsec. (h). Pub. L. 96–212, § 203(c)(8), struck out subsec. (h) which related to the retroactive readjustment
of refugee status as an alien lawfully admitted for permanent residence.
1978—Subsec. (a)(1) to (7). Pub. L. 95–412 substituted
‘‘1151(a) of this title’’ for ‘‘1151(a)(1) or (2) of this title’’
wherever appearing.
Subsec. (a)(8). Pub. L. 95–417 inserted provisions requiring a valid adoption home-study prior to the granting of a nonpreference visa for children adopted abroad
or coming for adoption by United States citizens and
requiring that no other nonpreference visa be issued to
an unmarried child under the age of 16 unless accompanying or following to join his natural parents.
1976—Subsec. (a). Pub. L. 94–571, § 4(1)–(3), substituted
‘‘section 1151(a)(1) or (2) of this title’’ for ‘‘section
1151(a)(ii) of this title’’ in pars. (1) to (7); made visas
available, in par. (3), to qualified immigrants whose
services in the professions, sciences, or arts are sought
by an employer in the United States; and required, in
par. (5), that the United States citizens be at least
twenty-one years of age.
Subsec. (e). Pub. L. 94–571, § 4(4), substituted provision
requiring Secretary of State to terminate the registration of an alien who fails to apply for an immigrant
visa within one year following notification of the availability of such visa, including provision for reinstatement of a registration upon establishment within two
years following the notification that the failure to
apply was due to circumstances beyond the alien’s control for prior provision for discretionary termination of
the registration on a waiting list of an alien failing to
evidence continued intention to apply for a visa as prescribed by regulation and inserted provision for automatic revocation of approval of a petition approved
under section 1154(b) of this title upon such termination.
1965—Subsec. (a). Pub. L. 89–236 substituted provisions setting up preference priorities and percentage allocations of the total numerical limitation for the admission of qualified immigrants, consisting of unmarried sons or daughters of U.S. citizens (20 percent), husbands, wives, and unmarried sons or daughters of alien
residents (20 percent plus any unused portion of class
1), members of professions, scientists, and artists (10
percent), married sons or daughters of U.S. citizens (10

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TITLE 8—ALIENS AND NATIONALITY

percent plus any unused portions of classes 1–3), brothers or sisters of U.S. citizens (24 percent plus any unused portions of classes 1 through 4), skilled or unskilled persons capable of filling labor shortages in the
United States (10 percent), refugees (6 percent), otherwise qualified immigrants (portion not used by classes
1 through 7), and allowing a spouse or child to be given
the same status and order of consideration as the
spouse or parent, for provisions spelling out the preferences under the quotas based on the previous national origins quota systems.
Subsec. (b). Pub. L. 89–236 substituted provisions requiring that consideration be given applications for immigrant visas in the order in which the classes of which
they are members are listed in subsec. (a), for provisions allowing issuance of quota immigrant visas under
the previous national origins quota system in the order
of filing in the first calendar month after receipt of notice of approval for which a quota number was available.
Subsec. (c). Pub. L. 89–236 substituted provisions requiring issuance of immigrant visas pursuant to paragraphs (1) through (6) of subsection (a) of this section
in the order of filing of the petitions therefor with the
Attorney General, for provisions which related to issuance of quota immigrant visas in designated classes in
the order of registration in each class on quota waiting
lists.
Subsec. (d). Pub. L. 89–236 substituted provisions requiring each immigrant to establish his preference as
claimed and prohibiting consular officers from granting
status of immediate relative of a United States citizen
or preference until authorized to do so, for provisions
spelling out the order for consideration of applications
for quota immigrant visas under the various prior
classes.
Subsec. (e). Pub. L. 89–236 substituted provisions authorizing Secretary of State to make estimates of anticipated members of visas issued and to terminate the
waiting-list registration of any registrant failing to
evidence a continued intention to apply for a visa, for
provisions establishing a presumption of quota status
for immigrants and requiring the immigrant to establish any claim to a preference.
Subsecs. (f) to (h). Pub. L. 89–236 added subsecs. (f) to
(h).
1959—Subsec. (a)(2). Pub. L. 86–363, § 1, accorded adult
unmarried sons or daughters of United States citizens
second preference in the allocation of immigrant visas
within quotas.
Subsec. (a)(3). Pub. L. 86–363, § 2, substituted ‘‘unmarried sons or daughters’’ for ‘‘children’’.
Subsec. (a)(4). Pub. L. 86–363, § 3, substituted ‘‘married
sons or married daughters’’ for ‘‘sons, or daughters’’,
increased percentage limitation from 25 to 50 per centum, and made preference available to spouses and children of qualified quota immigrants if accompanying
them.
1957—Subsec. (a)(1). Pub. L. 85–316 substituted ‘‘or following to join him’’ for ‘‘him’’.

§ 1153

EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–536, § 1(b)(2), Nov. 22, 2000, 114 Stat. 2561,
provided that: ‘‘The amendment made by paragraph (1)
[amending this section] shall apply to visas made available in any fiscal year beginning on or after October 1,
2000.’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 219(c) of Pub. L. 103–416 effective as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub.
L. 103–416, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1991 AMENDMENTS
Amendment by 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.
Amendment by Pub. L. 102–110 effective 60 days after
Oct. 1, 1991, see section 2(d) of Pub. L. 102–110, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 111, 121(a), 131, 162(a)(1) of
Pub. L. 101–649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, with general transition
provisions, see section 161(a), (c) of Pub. L. 101–649, set
out as a note under section 1101 of this title.
Amendment by section 603(a)(3) of Pub. L. 101–649 applicable to individuals entering United States on or
after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 203(c) of Pub. L. 96–212 effective, except as otherwise provided, Apr. 1, 1980, and
amendment by section 203(i) of Pub. L. 96–212 effective
immediately before Apr. 1, 1980, see section 204 of Pub.
L. 96–212, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS

EFFECTIVE DATE OF 2002 AMENDMENTS

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.

Pub. L. 107–273, div. C, title I, § 11036(c), Nov. 2, 2002,
116 Stat. 1847, provided that: ‘‘The amendments made
by this section [amending this section and section 1186b
of this title] shall take effect on the date of the enactment of this Act [Nov. 2, 2002] and shall apply to aliens
having any of the following petitions pending on or
after the date of the enactment of this Act:
‘‘(1) A petition under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
(or any predecessor provision), with respect to status
under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)).
‘‘(2) A petition under section 216A(c)(1)(A) of such
Act (8 U.S.C. 1186b(c)(1)(A)) to remove the conditional
basis of an alien’s permanent resident status.’’
Amendment by Pub. L. 107–208 effective Aug. 6, 2002,
and applicable to certain beneficiary aliens, see section
8 of Pub. L. 107–208, set out as a note under section 1151
of this title.

Pub. L. 108–156, § 5, Dec. 3, 2003, 117 Stat. 1945, as
amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat.
814, provided that:
‘‘(a) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act [Dec. 3, 2003], the Government Accountability Office shall report to Congress on
the immigrant investor program created under section
203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)).
‘‘(b) CONTENTS.—The report described in subsection
(a) shall include information regarding—
‘‘(1) the number of immigrant investors that have
received visas under the immigrant investor program
in each year since the inception of the program;
‘‘(2) the country of origin of the immigrant investors;

GAO STUDY

§ 1153

TITLE 8—ALIENS AND NATIONALITY

‘‘(3) the localities where the immigrant investors
are settling and whether those investors generally remain in the localities where they initially settle;
‘‘(4) the number of immigrant investors that have
sought to become citizens of the United States;
‘‘(5) the types of commercial enterprises that the
immigrant investors have established; and
‘‘(6) the types and number of jobs created by the
immigrant investors.’’
RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT
VISAS
Pub. L. 106–313, title I, § 106(d), Oct. 17, 2000, 114 Stat.
1254, as amended by Pub. L. 109–13, div. B, title V, § 502,
May 11, 2005, 119 Stat. 322, provided that:
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the number of employment-based visas (as
defined in paragraph (3)) made available for a fiscal
year (beginning with fiscal year 2001) shall be increased
by the number described in paragraph (2). Visas made
available under this subsection shall only be available
in a fiscal year to employment-based immigrants under
paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act [8 U.S.C. 1153(b)] and any
such visa that is made available due to the difference
between the number of employment-based visas that
were made available in fiscal year 2001, 2002, 2003, or
2004 and the number of such visas that were actually
used in such fiscal year shall be available only to employment-based immigrants (and their family members
accompanying or following to join under section 203(d)
of such Act (8 U.S.C. 1153(d))) whose immigrant worker
petitions were approved based on schedule A, as defined
in section 656.5 of title 20, Code of Federal Regulations,
as promulgated by the Secretary of Labor.
‘‘(2) NUMBER AVAILABLE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
number described in this paragraph is the difference
between the number of employment-based visas that
were made available in fiscal years 1999 through 2004
and the number of such visas that were actually used
in such fiscal years.
‘‘(B)(i) REDUCTION.—The number described in subparagraph (A) shall be reduced, for each fiscal year
after fiscal year 2001, by the cumulative number of
immigrant visas actually used under paragraph (1) for
previous fiscal years.
‘‘(ii) MAXIMUM.—The total number of visas made
available under paragraph (1) from unused visas from
the fiscal years 2001 through 2004 may not exceed
50,000.
‘‘(C) CONSTRUCTION.—Nothing in this paragraph
shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality
Act (8 U.S.C. 1151(c)(3)(C)).
‘‘(3) EMPLOYMENT-BASED VISAS DEFINED.—For purposes
of this subsection, the term ‘employment-based visa’
means an immigrant visa which is issued pursuant to
the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)).’’
TEMPORARY REDUCTION IN WORKERS’ VISAS
Pub. L. 105–100, title II, § 203(e), Nov. 19, 1997, 111 Stat.
2199, as amended by Pub. L. 105–139, § 1(e), Dec. 2, 1997,
111 Stat. 2645, provided that:
‘‘(1) Beginning in the fiscal year following the fiscal
year in which a visa has been made available under section 203(b)(3)(A)(iii) of the Immigration and Nationality
Act [8 U.S.C. 1153(b)(3)(A)(iii)] for all aliens who are the
beneficiary of a petition approved under section 204 of
such Act [8 U.S.C. 1154] as of the date of the enactment
of this Act [Nov. 19, 1997] for classification under section 203(b)(3)(A)(iii) of such Act, subject to paragraph
(2), visas available under section 203(b)(3)(A)(iii) of that
Act shall be reduced by 5,000 from the number of visas
otherwise available under that section for such fiscal
year.
‘‘(2) In no case shall the reduction under paragraph
(1) for a fiscal year exceed the amount by which—

Page 86

‘‘(A) the number computed under subsection
(d)(2)(A) [section 203(d)(2)(A) of Pub. L. 105–100, 8
U.S.C. 1151 note]; exceeds
‘‘(B) the total of the reductions in available visas
under this subsection for all previous fiscal years.’’
DIVERSITY IMMIGRANT LOTTERY FEE
Pub. L. 104–208, div. C, title VI, § 636, Sept. 30, 1996, 110
Stat. 3009–703, provided that: ‘‘The Secretary of State
may establish a fee to be paid by each applicant for an
immigrant visa described in section 203(c) of the Immigration and Nationality Act [8 U.S.C. 1153(c)]. Such fee
may be set at a level that will ensure recovery of the
cost to the Department of State of allocating visas
under such section, including the cost of processing all
applications thereunder. All fees collected under this
section shall be used for providing consular services.
All fees collected under this section shall be deposited
as an offsetting collection to any Department of State
appropriation and shall remain available for obligations until expended. The provisions of the Act of August 18, 1856 (11 Stat. 58; 22 U.S.C. 4212–4214), concerning
accounting for consular fees, shall not apply to fees collected under this section.’’
ELIGIBILITY FOR VISAS FOR POLISH APPLICANTS FOR
1995 DIVERSITY IMMIGRANT PROGRAM
Pub. L. 104–208, div. C, title VI, § 637, Sept. 30, 1996, 110
Stat. 3009–704, provided that:
‘‘(a) IN GENERAL.—The Attorney General, in consultation with the Secretary of State, shall include among
the aliens selected for diversity immigrant visas for fiscal year 1997 pursuant to section 203(c) of the Immigration and Nationality Act [8 U.S.C. 1153(c)] any alien
who, on or before September 30, 1995—
‘‘(1) was selected as a diversity immigrant under
such section for fiscal year 1995;
‘‘(2) applied for adjustment of status to that of an
alien lawfully admitted for permanent residence pursuant to section 245 of such Act [8 U.S.C. 1255] during
fiscal year 1995, and whose application, and any associated fees, were accepted by the Attorney General,
in accordance with applicable regulations;
‘‘(3) was not determined by the Attorney General to
be excludable under section 212 of such Act [8 U.S.C.
1182] or ineligible under section 203(c)(2) of such Act
[8 U.S.C. 1153(c)(2)]; and
‘‘(4) did not become an alien lawfully admitted for
permanent residence during fiscal year 1995.
‘‘(b) PRIORITY.—The aliens selected under subsection
(a) shall be considered to have been selected for diversity immigrant visas for fiscal year 1997 prior to any
alien selected under any other provision of law.
‘‘(c) REDUCTION OF IMMIGRANT VISA NUMBER.—For
purposes of applying the numerical limitations in sections 201 and 203(c) of the Immigration and Nationality
Act [8 U.S.C. 1151, 1153(c)], aliens selected under subsection (a) who are granted an immigrant visa shall be
treated as aliens granted a visa under section 203(c) of
such Act.’’
SOVIET SCIENTISTS IMMIGRATION
Pub. L. 107–228, div. B, title XIII, § 1304(d), Sept. 30,
2002, 116 Stat. 1437, provided that: ‘‘The Attorney General shall consult with the Secretary, the Secretary of
Defense, the Secretary of Energy, and the heads of
other appropriate agencies of the United States regarding—
‘‘(1) previous experience in implementing the Soviet Scientists Immigration Act of 1992 [Pub. L.
102–509 set out below]; and
‘‘(2) any changes that those officials would recommend in the regulations prescribed under that
Act.’’
[For definition of ‘‘Secretary’’ as used in section
1304(d) of Pub. L. 107–228, set out above, see section 3 of
Pub. L. 107–228, set out as a note under section 2651 of
Title 22, Foreign Relations and Intercourse.]
Pub. L. 102–509, Oct. 24, 1992, 106 Stat. 3316, as amended by Pub. L. 107–228, div. B, title XIII, § 1304(a)–(c),
Sept. 30, 2002, 116 Stat. 1436, 1437, provided that:

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TITLE 8—ALIENS AND NATIONALITY

‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Soviet Scientists Immigration Act of 1992’.
‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act—
‘‘(1) the term ‘Baltic states’ means the sovereign
nations of Latvia, Lithuania, and Estonia;
‘‘(2) the term ‘independent states of the former Soviet Union’ means the sovereign nations of Armenia,
Azerbaijan,
Belarus,
Georgia,
Kazakhstan,
Kyrgyzstan,
Moldova,
Russia,
Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan; and
‘‘(3) the term ‘eligible independent states and Baltic scientists’ means aliens—
‘‘(A) who are nationals of any of the independent
states of the former Soviet Union or the Baltic
states; and
‘‘(B) who are scientists or engineers who have expertise in nuclear, chemical, biological or other
high technology fields or who are working on nuclear, chemical, biological or other high-technology
defense projects, as defined by the Attorney General.
‘‘SEC. 3. WAIVER OF JOB OFFER REQUIREMENT.
‘‘The requirement in section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)) that
an alien’s services in the sciences, arts, or business be
sought by an employer in the United States shall not
apply to any eligible independent states or Baltic scientist who is applying for admission to the United
States for permanent residence in accordance with that
section.
‘‘SEC. 4. CLASSIFICATION OF INDEPENDENT
STATES SCIENTISTS AS HAVING EXCEPTIONAL
ABILITY.
‘‘(a) IN GENERAL.—The Attorney General shall designate a class of eligible independent states and Baltic
scientists, based on their level of expertise, as aliens
who possess ‘exceptional ability in the sciences’, for
purposes of section 203(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)(A)), whether or not
such scientists possess advanced degrees. A scientist is
not eligible for designation under this subsection if the
scientist has previously been granted the status of an
alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
‘‘(b) REGULATIONS.—The Attorney General shall prescribe regulations to carry out subsection (a).
‘‘(c) LIMITATION.—Not more than 950 eligible independent states and Baltic scientists (excluding spouses
and children if accompanying or following to join)
within the class designated under subsection (a) may be
allotted visas under section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)).
‘‘(d) DURATION OF AUTHORITY.—The authority under
subsection (a) shall be in effect during the following periods:
‘‘(1) The period beginning on the date of the enactment of this Act [Oct. 24, 1992] and ending 4 years
after such date.
‘‘(2) The period beginning on the date of the enactment of the Security Assistance Act of 2002 [Sept. 30,
2002] and ending 4 years after such date.’’
PILOT IMMIGRATION PROGRAM
Pub. L. 110–329, div. A, § 144, Sept. 30, 2008, 122 Stat.
3581, as amended by Pub. L. 111–8, div. J, § 101, Mar. 11,
2009, 123 Stat. 988, provided that: ‘‘The requirement set
forth in section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 [Pub. L. 102–395] (8 U.S.C. 1153
note) shall continue through September 30, 2009.’’
Pub. L. 102–395, title VI, § 610, Oct. 6, 1992, 106 Stat.
1874, as amended by Pub. L. 105–119, title I, § 116(a), Nov.
26, 1997, 111 Stat. 2467; Pub. L. 106–396, § 402, Oct. 30, 2000,
114 Stat. 1647; Pub. L. 107–273, div. C, title I, § 11037(a),

§ 1153

Nov. 2, 2002, 116 Stat. 1847; Pub. L. 108–156, § 4, Dec. 3,
2003, 117 Stat. 1945; Pub. L. 111–83, title V, § 548, Oct. 28,
2009, 123 Stat. 2177, provided that:
‘‘(a) Of the visas otherwise available under section
203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)), the Secretary of State, together with
the Secretary of Homeland Security, shall set aside
visas for a pilot program to implement the provisions
of such section. Such pilot program shall involve a regional center in the United States, designated by the
Secretary of Homeland Security on the basis of a general proposal, for the promotion of economic growth,
including increased export sales, improved regional
productivity, job creation, or increased domestic capital investment. A regional center shall have jurisdiction over a limited geographic area, which shall be described in the proposal and consistent with the purpose
of concentrating pooled investment in defined economic zones. The establishment of a regional center
may be based on general predictions, contained in the
proposal, concerning the kinds of commercial enterprises that will receive capital from aliens, the jobs
that will be created directly or indirectly as a result of
such capital investments, and the other positive economic effects such capital investments will have.
‘‘(b) For purposes of the pilot program established in
subsection (a), beginning on October 1, 1992, but no
later than October 1, 1993, the Secretary of State, together with the Secretary of Homeland Security, shall
set aside 3,000 visas annually until September 30, 2012
to include such aliens as are eligible for admission
under section 203(b)(5) of the Immigration and Nationality Act [8 U.S.C. 1153(b)(5)] and this section, as well
as spouses or children which are eligible, under the
terms of the Immigration and Nationality Act [8 U.S.C.
1101 et seq.], to accompany or follow to join such aliens.
‘‘(c) In determining compliance with section
203(b)(5)(A)(iii)[(ii)] of the Immigration and Nationality
Act [8 U.S.C. 1153(b)(5)(A)(iii)[(ii)]], and notwithstanding the requirements of 8 CFR 204.6, the Secretary of
Homeland Security shall permit aliens admitted under
the pilot program described in this section to establish
reasonable methodologies for determining the number
of jobs created by the pilot program, including such
jobs which are estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, job creation, or
increased domestic capital investment resulting from
the pilot program.
‘‘(d) In processing petitions under section 204(a)(1)(H)
of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(H)) for classification under section 203(b)(5) of
such Act (8 U.S.C. 1153(b)(5)), the Secretary of Homeland Security may give priority to petitions filed by
aliens seeking admission under the pilot program described in this section. Notwithstanding section 203(e)
of such Act (8 U.S.C. 1153(e)), immigrant visas made
available under such section 203(b)(5) may be issued to
such aliens in an order that takes into account any priority accorded under the preceding sentence.’’
[Pub. L. 107–273, div. C, title I, § 11037(b), Nov. 2, 2002,
116 Stat. 1848, provided that: ‘‘The amendments made
by this section [amending section 610 of Pub. L. 102–395,
set out above] shall take effect on the date of the enactment of this Act [Nov. 2, 2002] and shall apply to—
‘‘(1) any proposal for a regional center pending before the Attorney General (whether for an initial decision or on appeal) on or after the date of the enactment of this Act; and
‘‘(2) any of the following petitions, if filed on or
after the date of the enactment of this Act:
‘‘(A) A petition under section 204(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(H)) (or any predecessor provision) (or any
predecessor provision), with respect to status under
section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)).
‘‘(B) A petition under section 216A(c)(1)(A) of such
Act (8 U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an alien’s permanent resident
status.’’]

§ 1153

TITLE 8—ALIENS AND NATIONALITY

[Section 116(b) of Pub. L. 105–119 provided that: ‘‘The
amendment made by subsection (a)(2) [amending section 610 of Pub. L. 102–395, set out above] shall be
deemed to have become effective on October 6, 1992.’’]
TRANSITION FOR SPOUSES AND MINOR CHILDREN OF
LEGALIZED ALIENS
Section 112 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(b)(1), Dec. 12, 1991, 105 Stat. 1743,
provided that:
‘‘(a) ADDITIONAL VISA NUMBERS.—
‘‘(1) IN GENERAL.—In addition to any immigrant
visas otherwise available, immigrant visa numbers
shall be available in each of fiscal years 1992, 1993,
and 1994 for spouses and children of eligible, legalized
aliens (as defined in subsection (c)) in a number equal
to 55,000 minus the number (if any) computed under
paragraph (2) for the fiscal year.
‘‘(2) OFFSET.—The number computed under this
paragraph for a fiscal year is the number (if any) by
which—
‘‘(A) the sum of the number of aliens described in
subparagraphs (A) and (B) of section 201(b)(2) of the
Immigration and Nationality Act [8 U.S.C.
1151(b)(2)] (or, for fiscal year 1992, section 201(b) of
such Act) who were issued immigrant visas or
otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year, exceeds
‘‘(B) 239,000.
‘‘(b) ORDER.—Visa numbers under this section shall
be made available in the order in which a petition, in
behalf of each such immigrant for classification under
section 203(a)(2) of the Immigration and Nationality
Act [8 U.S.C. 1153(a)(2)], is filed with the Attorney General under section 204 of such Act [8 U.S.C. 1154].
‘‘(c) LEGALIZED ALIEN DEFINED.—In this section, the
term ‘legalized alien’ means an alien lawfully admitted
for permanent residence who was provided—
‘‘(1) temporary or permanent residence status under
section 210 of the Immigration and Nationality Act [8
U.S.C. 1160],
‘‘(2) temporary or permanent residence status under
section 245A of the Immigration and Nationality Act
[8 U.S.C. 1255a], or
‘‘(3) permanent residence status under section 202 of
the Immigration Reform and Control Act of 1986
[Pub. L. 99–603, set out as a note under section 1255a
of this title].
‘‘(d) DEFINITIONS.—The definitions in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] shall
apply in the administration of this section.’’
TRANSITION FOR EMPLOYEES OF CERTAIN UNITED
STATES BUSINESSES OPERATING IN HONG KONG
Section 124 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(b)(5), Dec. 12, 1991, 105 Stat. 1743,
provided that:
‘‘(a) ADDITIONAL VISA NUMBERS.—
‘‘(1) TREATMENT OF PRINCIPALS.—In the case of any
alien described in paragraph (3) (or paragraph (2) as
the spouse or child of such an alien) with respect to
whom a classification petition has been filed and approved under subsection (b), there shall be made
available, in addition to the immigrant visas otherwise available in each of fiscal years 1991 through 1993
and without regard to section 202(a) of the Immigration and Nationality Act [8 U.S.C. 1152(a)], up to
12,000 additional immigrant visas. If the full number
of such visas are not made available in fiscal year
1991 or 1992, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.
‘‘(2) DERIVATIVE RELATIVES.—A spouse or child (as
defined in section 101(b)(1)(A), (B), (C), (D), or (E) of
the Immigration and Nationality Act [8 U.S.C.
1101(b)(1)(A), (B), (C), (D), (E)]) shall, if not otherwise
entitled to an immigrant status and the immediate
issuance of a visa under this section, be entitled to

Page 88

the same status, and the same order of consideration,
provided under this section, if accompanying, or following to join, the alien’s spouse or parent.
‘‘(3) EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG.—An alien is described in this paragraph if the alien—
‘‘(A) is a resident of Hong Kong and is employed
in Hong Kong except for temporary absences at the
request of the employer and has been employed in
Hong Kong for at least 12 consecutive months as an
officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge,
by a business entity which (i) is owned and organized in the United States (or is the subsidiary or
affiliate of a business owned and organized in the
United States), (ii) employs at least 100 employees
in the United States and at least 50 employees outside the United States, and (iii) has a gross annual
income of at least $50,000,000, and
‘‘(B) has an offer of employment from such business entity in the United States as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, which offer
(i) is effective from the time of filing the petition
for classification under this section through and including the time of entry into the United States
and (ii) provides for salary and benefits comparable
to the salary and benefits provided to others with
similar responsibilities and experience within the
same company.
‘‘(b) PETITIONS.—Any employer desiring and intending to employ within the United States an alien described in subsection (a)(3) may file a petition with the
Attorney General for such classification. No visa may
be issued under subsection (a)(1) until such a petition
has been approved.
‘‘(c) ALLOCATION.—Visa numbers made available
under subsection (a) shall be made available in the
order which petitions under subsection (b) are filed
with the Attorney General.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) EXECUTIVE CAPACITY.—The term ‘executive capacity’ has the meaning given such term in section
101(a)(44)(B) of the Immigration and Nationality Act
[8 U.S.C. 1101(a)(44)(B)], as added by section 123 of this
Act.
‘‘(2) MANAGERIAL CAPACITY.—The term ‘managerial
capacity’ has the meaning given such term in section
101(a)(44)(A) of the Immigration and Nationality Act,
as added by section 123 of this Act.
‘‘(3) OFFICER.—The term ‘officer’ means, with respect to a business entity, the chairman or vicechairman of the board of directors of the entity, the
chairman or vice-chairman of the executive committee of the board of directors, the president, any vicepresident, any assistant vice-president, any senior
trust officer, the secretary, any assistant secretary,
the treasurer, any assistant treasurer, any trust officer or associate trust officer, the controller, any assistant controller, or any other officer of the entity
customarily performing functions similar to those
performed by any of the above officers.
‘‘(4) SPECIALIZED KNOWLEDGE.—The term ‘specialized knowledge’ has the meaning given such term in
section 214(c)(2)(B) of the Immigration and Nationality Act [8 U.S.C. 1184(c)(2)(B)], as amended by section
206(b)(2) of this Act.
‘‘(5) SUPERVISOR.—The term ‘supervisor’ means any
individual having authority, in the interest of the
employer, to hire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward, or discipline
other employees, or responsibility to direct them, or
to adjust their grievances, or effectively recommend
such action, if in connection with the foregoing the
exercise of such authority is not merely of a routine
or clerical nature, but requires the use of independent
judgment.’’
[Section 124 of Pub. L. 101–649 effective Nov. 29, 1990,
and (unless otherwise provided) applicable to fiscal
year 1991, see section 161(b) of Pub. L. 101–649, set out

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TITLE 8—ALIENS AND NATIONALITY

as an Effective Date of 1990 Amendment note under section 1101 of this title.]
DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES
OF CERTAIN ADVERSELY AFFECTED FOREIGN STATES
Section 217(b) of Pub. L. 103–416 provided that:
‘‘(1) ELIGIBILITY.—For the purpose of carrying out the
extension of the diversity transition program under the
amendments made by subsection (a) [amending section
132 of Pub. L. 101–649, set out below], applications for
natives of diversity transition countries submitted for
fiscal year 1995 for diversity immigrants under section
203(c) of the Immigration and Nationality Act [8 U.S.C.
1153(c)] shall be considered applications for visas made
available for fiscal year 1995 for the diversity transition
program under section 132 of the Immigration Act of
1990 [section 132 of Pub. L. 101–649]. No application period for the fiscal year 1995 diversity transition program shall be established and no new applications may
be accepted for visas made available under such program for fiscal year 1995. Applications for visas in excess of the minimum available to natives of the country specified in section 132(c) of the Immigration Act of
1990 shall be selected for qualified applicants within the
several regions defined in section 203(c)(1)(F) of the Immigration and Nationality Act in proportion to the region’s share of visas issued in the diversity transition
program during fiscal years 1992 and 1993.
‘‘(2) NOTIFICATION.—Not later than 180 days after the
date of enactment of this Act [Oct. 25, 1994], notification of the extension of the diversity transition program for fiscal year 1995 and the provision of visa numbers shall be made to each eligible applicant under
paragraph (1).
‘‘(3) REQUIREMENTS.—Notwithstanding any other provision of law, for the purpose of carrying out the extension of the diversity transition program under the
amendments made by subsection (a), the requirement
of section 132(b)(2) of the Immigration Act of 1990 shall
not apply to applicants under such extension and the
requirement of section 203(c)(2) of the Immigration and
Nationality Act shall apply to such applicants.’’
Section 132 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(b)(6), Dec. 12, 1991, 105 Stat. 1743;
Pub. L. 103–416, title II, § 217(a), Oct. 25, 1994, 108 Stat.
4315, provided that:
‘‘(a) IN GENERAL.—Notwithstanding the numerical
limitations in sections 201 and 202 of the Immigration
and Nationality Act [8 U.S.C. 1151, 1152], there shall be
made available to qualified immigrants described in
subsection (b) (or in subsection (d) as the spouse or
child of such an alien) 40,000 immigrant visas in each of
fiscal years 1992, 1993, and 1994 and in fiscal year 1995 a
number of immigrant visas equal to the number of such
visas provided (but not made available) under this section in previous fiscal years. If the full number of such
visas are not made available in fiscal year 1992 or 1993,
the shortfall shall be added to the number of such visas
to be made available under this section in the succeeding fiscal year.
‘‘(b) QUALIFIED ALIEN DESCRIBED.—An alien described
in this subsection is an alien who—
‘‘(1) is a native of a foreign state that was identified
as an adversely affected foreign state for purposes of
section 314 of the Immigration Reform and Control
Act of 1986 [Pub. L. 99–603, set out below],
‘‘(2) has a firm commitment for employment in the
United States for a period of at least 1 year (beginning on the date of admission under this section), and
‘‘(3) except as provided in subsection (c), is admissible as an immigrant.
‘‘(c) DISTRIBUTION OF VISA NUMBERS.—The Secretary
of State shall provide for making immigrant visas provided under subsection (a) available strictly in a random order among those who qualify during the application period for each fiscal year established by the Secretary of State, except that at least 40 percent of the
number of such visas in each fiscal year shall be made
available to natives of the foreign state the natives of
which received the greatest number of visas issued

§ 1153

under section 314 of the Immigration Reform and Control Act [of 1986] (or to aliens described in subsection
(d) who are the spouses or children of such natives) and
except that if more than one application is submitted
for any fiscal year (beginning with fiscal year 1993)
with respect to any alien all such applications submitted with respect to the alien and fiscal year shall be
voided. If the minimum number of such visas are not
made available in fiscal year 1992, 1993, or 1994 to such
natives, the shortfall shall be added to the number of
such visas to be made available under this section to
such natives in the succeeding fiscal year. In applying
this section, natives of Northern Ireland shall be
deemed to be natives of Ireland.
‘‘(d) DERIVATIVE STATUS FOR SPOUSES AND CHILDREN.—A spouse or child (as defined in section
101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and
Nationality Act [8 U.S.C. 1101(b)(1)(A), (B), (C), (D),
(E)]) shall, if not otherwise entitled to an immigrant
status and the immediate issuance of a visa under this
section, be entitled to the same status, and the same
order of consideration, provided under this section, if
accompanying, or following to join, his spouse or parent.
‘‘(e) WAIVERS OF GROUNDS OF EXCLUSION.—In determining the admissibility of an alien provided a visa
number under this section, the Attorney General shall
waive the ground of exclusion specified in paragraph
(6)(C) of section 212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)], unless the Attorney General
finds that such a waiver is not in the national interest.
In addition, the provisions of section 212(e) of such Act
shall not apply so as to prevent an individual’s application for a visa or admission under this section.
‘‘(f) APPLICATION FEE.—The Secretary of State shall
require payment of a reasonable fee for the filing of an
application under this section in order to cover the
costs of processing applications under this section.’’
[Section 302(b)(6)(C) of Pub. L. 102–232 provided that
the amendment made by that section to section
132(b)(1) of Pub. L. 101–649, set out above, is effective
after fiscal year 1992.]
[Section 302(b)(6)(D)(i) of Pub. L. 102–232 provided that
the amendment made by that section to section 132(c)
of Pub. L. 101–649, set out above, is effective beginning
with fiscal year 1993.]
ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO
HAVE BEEN NOTIFIED OF AVAILABILITY OF NP–5 VISAS
Section 133 of Pub. L. 101–649 provided that, notwithstanding numerical limitations in sections 1151 and 1152
of this title, there were to be made available in fiscal
year 1991, immigrant visa numbers for qualified immigrants who were notified by Secretary of State before
May 1, 1990, of their selection for issuance of visa under
section 314 of Pub. L. 99–603, formerly set out as a note
below, and were qualified for issuance of such visa but
for numerical and fiscal year limitations on issuance of
such visas, former section 1182(a)(19) of this title or section 1182(e) of this title, or fact that immigrant was a
national, but not a native, of foreign state described in
section 314 of Pub. L. 99–603.
TRANSITION FOR DISPLACED TIBETANS
Section 134 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(b)(7), Dec. 12, 1991, 105 Stat. 1744,
provided that, notwithstanding numerical limitations
in sections 1151 and 1152 of this title, there were to be
made available to qualified displaced Tibetans who
were natives of Tibet and had been continuously residing in India or Nepal since Nov. 29, 1990, 1,000 immigrant visas in the 3-fiscal-year period beginning with
fiscal year 1991.
EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH
PREFERENCE VISAS
Section 155 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(d)(5), Dec. 12, 1991, 105 Stat. 1745,
provided that:

§ 1153

TITLE 8—ALIENS AND NATIONALITY

‘‘(a) IN GENERAL.—In the issuance of immigrant visas
to certain Lebanese immigrants described in subsection
(b) in fiscal years 1991 and 1992 and notwithstanding
section 203(c) (or section 203(e), in the case of fiscal
year 1992) of the Immigration and Nationality Act [8
U.S.C. 1153(c), (e)] (to the extent inconsistent with this
section), the Secretary of State shall provide that immigrant visas which would otherwise be made available
in the fiscal year shall be made available as early as
possible in the fiscal year.
‘‘(b) LEBANESE IMMIGRANTS COVERED.—Lebanese immigrants described in this subsection are aliens who—
‘‘(1) are natives of Lebanon,
‘‘(2) are not firmly resettled in any foreign country
outside Lebanon, and
‘‘(3) as of the date of the enactment of this Act
[Nov. 29, 1990], are the beneficiaries of a petition approved to accord status under section 203(a)(2) or
203(a)(5) of the Immigration and Nationality Act [8
U.S.C. 1153(a)(2), (5)] (as in effect as of the date of the
enactment of this Act),
or who are the spouse or child of such an alien if accompanying or following to join the alien.’’
[Section 155 of Pub. L. 101–649 effective Nov. 29, 1990,
and (unless otherwise provided) applicable to fiscal
year 1991, see section 161(b) of Pub. L. 101–649, set out
as an Effective Date of 1990 Amendment note under section 1101 of this title.]
ORDER OF CONSIDERATION
Section 162(a)(2) of Pub. L. 101–649 provided that:
‘‘Nothing in this Act [see Tables for classification] may
be construed as continuing the availability of visas
under section 203(a)(7) of the Immigration and Nationality Act [8 U.S.C. 1153(a)(7)], as in effect before the
date of enactment of this Act [Nov. 29, 1990].’’
MAKING VISAS AVAILABLE TO IMMIGRANTS FROM
UNDERREPRESENTED COUNTRIES TO ENHANCE DIVERSITY IN IMMIGRATION
Pub. L. 100–658, § 3, Nov. 15, 1988, 102 Stat. 3908, provided that, notwithstanding numerical limitations in
section 1151(a) of this title, but subject to numerical
limitations in section 1152 of this title, there were to be
made available to qualified immigrants who were natives of underrepresented countries, 10,000 visa numbers
in each of fiscal years 1990 and 1991.
MAKING VISAS AVAILABLE TO NONPREFERENCE
IMMIGRANTS
Pub. L. 99–603, title III, § 314, Nov. 6, 1986, 100 Stat.
3439, as amended by Pub. L. 100–658, § 2(a), Nov. 15, 1988,
102 Stat. 3908, provided that, notwithstanding numerical limitations in section 1151(a) of this title, but subject to numerical limitations in section 1152 of this
title, there were to be made available to qualified immigrants described in section 1153(a)(7) of this title,
5,000 visa numbers in each of fiscal years 1987 and 1988
and 15,000 visa numbers in each of fiscal years 1989 and
1990.
REFERENCES TO CONDITIONAL ENTRY REQUIREMENTS OF
SUBSECTION (a)(7) OF THIS SECTION IN OTHER FEDERAL LAWS
Section 203(h) of Pub. L. 96–212 provided that: ‘‘Any
reference in any law (other than the Immigration and
Nationality Act [this chapter] or this Act [see Short
Title of 1980 Amendment note set out under section 1101
of this title]) in effect on April 1, 1980, to section
203(a)(7) of the Immigration and Nationality Act [subsec. (a)(7) of this section] shall be deemed to be a reference to such section as in effect before such date and
to sections 207 and 208 of the Immigration and Nationality Act [sections 1157 and 1158 of this title].’’
RETROACTIVE ADJUSTMENT OF REFUGEE STATUS
For adjustment of the status of refugees paroled into
the United States pursuant to section 1182(d)(5) of this
title, see section 5 of Pub. L. 95–412, set out as a note
under section 1182 of this title.

Page 90

ENTITLEMENT TO PREFERENTIAL STATUS
Section 9 of Pub. L. 94–571 provided that:
‘‘(a) The amendments made by this Act [see Short
Title of 1976 Amendment note set out under section 1101
of this title] shall not operate to effect the entitlement
to immigrant status or the order of consideration for
issuance of an immigrant visa of an alien entitled to a
preference status, under section 203(a) of the Immigration and Nationality Act [subsec. (a) of this section] as
in effect on the day before the effective date of this Act
[see Effective Date of 1976 Amendment note set out
under section 1101 of this title], on the basis of a petition filed with the Attorney General prior to such effective date.
‘‘(b) An alien chargeable to the numerical limitation
contained in section 21(e) of the Act of October 3, 1965
(79 Stat. 921) [which provided that unless legislation inconsistent therewith was enacted on or before June 30,
1968, the number of special immigrants within the
meaning of section 1101(a)(27)(A) of this title, exclusive
of special immigrants who were immediate relatives of
United States citizens as described in section 1151(b) of
this title, should not, in the fiscal year beginning July
1, 1968, or in any fiscal year thereafter, exceed a total
of 120,000] who established a priority date at a consular
office on the basis of entitlement to immigrant status
under statutory or regulatory provisions in existence
on the day before the effective date of this Act [see Effective Date of 1976 Amendment note under section 1101
of this title] shall be deemed to be entitled to immigrant status under section 203(a)(8) of the Immigration
and Nationality Act [subsec. (a)(8) of this section] and
shall be accorded the priority date previously established by him. Nothing in this section shall be construed to preclude the acquisition by such an alien of
a preference status under section 203(a) of the Immigration and Nationality Act [subsec. (a) of this section], as
amended by section 4 of this Act. Any petition filed by,
or in behalf of, such an alien to accord him a preference
status under section 203(a) [subsec. (a) of this section]
shall, upon approval, be deemed to have been filed as of
the priority date previously established by such alien.
The numerical limitation to which such an alien shall
be chargeable shall be determined as provided in sections 201 and 202 of the Immigration and Nationality
Act [sections 1151 and 1152 of this title], as amended by
this Act [see Short Title of 1976 Amendment note set
out under section 1101 of this title].’’
NONQUOTA IMMIGRANT STATUS OF CERTAIN RELATIVES
OF UNITED STATES CITIZENS; ISSUANCE OF NONQUOTA
IMMIGRANT VISAS ON BASIS OF PETITIONS FILED
PRIOR TO JANUARY 1, 1962
Pub. L. 87–885, § 1, Oct. 24, 1962, 76 Stat. 1247, which
provided that certain alien relatives of United States
citizens registered on a consular waiting list under priority date earlier than March 31, 1954, and eligible for
a quota immigrant status on a basis of a petition filed
with the Attorney General prior to January 1, 1962, and
the spouse and children of such alien, be held to be nonquota immigrants and be issued nonquota immigrant
visas, was repealed by Pub. L. 99–653, § 11, Nov. 14, 1986,
100 Stat. 3657, as amended by Pub. L. 100–525, § 8(j)(1),
Oct. 24, 1988, 102 Stat. 2617, eff. Nov. 14, 1986.
NONQUOTA IMMIGRANT STATUS OF SKILLED SPECIALISTS; ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON
BASIS OF PETITIONS FILED PRIOR TO APRIL 1, 1962
Pub. L. 87–885, § 2, Oct. 24, 1962, 76 Stat. 1247, which
provided that certain alien skilled specialists eligible
for a quota immigrant status on the basis of a petition
filed with the Attorney General prior to April 1, 1962, be
held to be nonquota immigrants and be issued nonquota immigrant visas, was repealed by Pub. L. 99–653,
§ 11, Nov. 14, 1986, 100 Stat. 3657, as amended by Pub. L.
100–525, § 8(j)(1), Oct. 24, 1988, 102 Stat. 2617, eff. Nov. 14,
1986.

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TITLE 8—ALIENS AND NATIONALITY

ISSUANCE OF NONQUOTA IMMIGRANT VISAS TO CERTAIN
ELIGIBLE ORPHANS
Pub. L. 87–301, § 25, Sept. 26, 1961, 75 Stat. 657, as
amended by Pub. L. 99–653, § 11, Nov. 14, 1986, 100 Stat.
3657; Pub. L. 100–525, § 8(j)(2), Oct. 24, 1988, 102 Stat. 2617,
provided that: ‘‘At any time prior to the expiration of
the one hundred and eightieth day immediately following the enactment of this Act [Sept. 26, 1961] a special
nonquota immigrant visa may be issued to an eligible
orphan as defined in section 4 of the Act of September
11, 1957, as amended (8 U.S.C. 1205; 71 Stat. 639, 73 Stat.
490, 74 Stat. 505), if a visa petition filed in behalf of such
eligible orphan was (A) approved by the Attorney General prior to September 30, 1961, or (B) pending before
the Attorney General prior to September 30, 1961, and
the Attorney General approves such petition.’’
[Section 23(c) of Pub. L. 99–653, as added by Pub. L.
100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
‘‘The amendments made by section 11 [amending section 25 of Pub. L. 87–301 set out above and repealing sections 1 and 2 of Pub. L. 87–885] take effect on November
14, 1986.’’]
ADOPTED SONS OR ADOPTED DAUGHTERS, PREFERENCE
STATUS
Section 5(c) of Pub. L. 86–363 provided that aliens
granted a preference pursuant to petitions approved by
the Attorney General on the ground that they were the
adopted sons or adopted daughters of United States
citizens were to remain in that status notwithstanding
the provisions of section 1 of Pub. L. 86–363, unless they
acquired a different immigrant status pursuant to a petition approved by the Attorney General.
ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF
PETITIONS APPROVED PRIOR TO JULY 1, 1958
Section 12A of Pub. L. 85–316, as added by section 2 of
Pub. L. 85–700, Aug. 21, 1958, 72 Stat. 699, providing that
aliens eligible for quota immigrant status on basis of a
petition approved prior to July 1, 1958, shall be held to
be nonquota immigrants and issued visas, was repealed
by Pub. L. 87–301, § 24(a)(6), Sept. 26, 1961, 75 Stat. 657.
Repeal of section 12A of Pub. L. 85–316 effective upon
expiration of the one hundred and eightieth day immediately following Sept. 26, 1961, see section 24(b) of Pub.
L. 87–301, set out as a note under former section 1255a
of this title.
ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF
PETITIONS APPROVED PRIOR TO JULY 1, 1957
Section 12 of Pub. L. 85–316 providing that aliens eligible for quota immigrant status on basis of a petition
approved prior to July 1, 1957, shall be held to be nonquota immigrants, and if otherwise admissible, be issued visas, was repealed by Pub. L. 87–301, § 24(a)(5),
Sept. 26, 1961, 75 Stat. 657.
Repeal of section 12 of Pub. L. 85–316 effective upon
expiration of the one hundred and eightieth day immediately following Sept. 26, 1961, see section 24(b) of Pub.
L. 87–301, set out as a note under former section 1255a
of this title.
SPECIAL NONQUOTA IMMIGRANT VISAS FOR REFUGEES
Section 6 of Pub. L. 86–363 authorizing issuance of
nonquota immigrant visas to aliens eligible to enter for
permanent residence if the alien was the beneficiary of
a visa petition approved by the Attorney General, and
such petition was filed by a person admitted under
former section 1971 et seq., of Title 50, Appendix, was
repealed by Pub. L. 87–301, § 24(a)(7), Sept. 26, 1961, 75
Stat. 657.
Repeal of section 6 of Pub. L. 86–363 effective upon expiration of the one hundred and eightieth day immediately following Sept. 26, 1961, see section 24(b) of Pub.
L. 87–301, set out as a note under former section 1255a
of this title.
NONQUOTA IMMIGRANT STATUS OF SPOUSES AND
CHILDREN OF CERTAIN ALIENS
Section 4 of Pub. L. 86–363 providing that an alien
registered on a consular waiting list was eligible for

§ 1154

quota immigrant status on basis of a petition approved
prior to Jan. 1, 1959, along with the spouse and children
of such alien, was repealed by Pub. L. 87–301, § 24(a)(7),
Sept. 26, 1961.
Repeal of section 4 of Pub. L. 86–363 effective upon expiration of the one hundred and eightieth day immediately following Sept. 26, 1961, see section 24(b) of Pub.
L. 87–301, set out as a note under former section 1255a
of this title.

§ 1154. Procedure for granting immigrant status
(a) Petitioning procedure
(1)(A)(i) Except as provided in clause (viii),
any citizen of the United States claiming that
an alien is entitled to classification by reason of
a relationship described in paragraph (1), (3), or
(4) of section 1153(a) of this title or to an immediate
relative
status
under
section
1151(b)(2)(A)(i) of this title may file a petition
with the Attorney General for such classification.
(ii) An alien spouse described in the second
sentence of section 1151(b)(2)(A)(i) of this title
also may file a petition with the Attorney General under this subparagraph for classification
of the alien (and the alien’s children) under such
section.
(iii)(I) An alien who is described in subclause
(II) may file a petition with the Attorney General under this clause for classification of the
alien (and any child of the alien) if the alien
demonstrates to the Attorney General that—
(aa) the marriage or the intent to marry the
United States citizen was entered into in good
faith by the alien; and
(bb) during the marriage or relationship intended by the alien to be legally a marriage,
the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse.
(II) For purposes of subclause (I), an alien described in this subclause is an alien—
(aa)(AA) who is the spouse of a citizen of the
United States;
(BB) who believed that he or she had married a citizen of the United States and with
whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate
solely because of the bigamy of such citizen of
the United States; or
(CC) who was a bona fide spouse of a United
States citizen within the past 2 years and—
(aaa) whose spouse died within the past 2
years;
(bbb) whose spouse lost or renounced citizenship status within the past 2 years related to an incident of domestic violence; or
(ccc) who demonstrates a connection between the legal termination of the marriage
within the past 2 years and battering or extreme cruelty by the United States citizen
spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i)
of this title or who would have been so classi-

§ 1154

TITLE 8—ALIENS AND NATIONALITY

fied but for the bigamy of the citizen of the
United States that the alien intended to
marry; and
(dd) who has resided with the alien’s spouse
or intended spouse.
(iv) An alien who is the child of a citizen of
the United States, or who was a child of a
United States citizen parent who within the past
2 years lost or renounced citizenship status related to an incident of domestic violence, and
who is a person of good moral character, who is
eligible to be classified as an immediate relative
under section 1151(b)(2)(A)(i) of this title, and
who resides, or has resided in the past, with the
citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the
alien) under such section if the alien demonstrates to the Attorney General that the alien
has been battered by or has been the subject of
extreme cruelty perpetrated by the alien’s citizen parent. For purposes of this clause, residence includes any period of visitation.
(v) An alien who—
(I) is the spouse, intended spouse, or child
living abroad of a citizen who—
(aa) is an employee of the United States
Government;
(bb) is a member of the uniformed services
(as defined in section 101(a) of title 10); or
(cc) has subjected the alien or the alien’s
child to battery or extreme cruelty in the
United States; and
(II) is eligible to file a petition under clause
(iii) or (iv),
shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.
(vi) For the purposes of any petition filed
under clause (iii) or (iv), the denaturalization,
loss or renunciation of citizenship, death of the
abuser, divorce, or changes to the abuser’s citizenship status after filing of the petition shall
not adversely affect the approval of the petition,
and for approved petitions shall not preclude the
classification of the eligible self-petitioning
spouse or child as an immediate relative or affect the alien’s ability to adjust status under
subsections (a) and (c) of section 1255 of this
title or obtain status as a lawful permanent
resident based on the approved self-petition
under such clauses.
(vii) An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the alien under section 1151(b)(2)(A)(i) of this title if the alien—
(I) is the parent of a citizen of the United
States or was a parent of a citizen of the
United States who, within the past 2 years,
lost or renounced citizenship status related to
an incident of domestic violence or died;
(II) is a person of good moral character;
(III) is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of
this title;
(IV) resides, or has resided, with the citizen
daughter or son; and
(V) demonstrates that the alien has been
battered or subject to extreme cruelty by the
citizen daughter or son.

Page 92

(viii)(I) Clause (i) shall not apply to a citizen
of the United States who has been convicted of
a specified offense against a minor, unless the
Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that the citizen poses no risk to the alien
with respect to whom a petition described in
clause (i) is filed.
(II) For purposes of subclause (I), the term
‘‘specified offense against a minor’’ is defined as
in section 16911 of title 42.
(B)(i)(I) Except as provided in subclause (II),
any alien lawfully admitted for permanent residence claiming that an alien is entitled to a
classification by reason of the relationship described in section 1153(a)(2) of this title may file
a petition with the Attorney General for such
classification.
(I) 1 Subclause (I) shall not apply in the case of
an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary of
Homeland Security, in the Secretary’s sole and
unreviewable discretion, determines that such
person poses no risk to the alien with respect to
whom a petition described in subclause (I) is
filed.
(ii)(I) An alien who is described in subclause
(II) may file a petition with the Attorney General under this clause for classification of the
alien (and any child of the alien) if such a child
has not been classified under clause (iii) of section 1153(a)(2)(A) of this title and if the alien
demonstrates to the Attorney General that—
(aa) the marriage or the intent to marry the
lawful permanent resident was entered into in
good faith by the alien; and
(bb) during the marriage or relationship intended by the alien to be legally a marriage,
the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse.
(II) For purposes of subclause (I), an alien described in this paragraph is an alien—
(aa)(AA) who is the spouse of a lawful permanent resident of the United States; or
(BB) who believed that he or she had married a lawful permanent resident of the United
States and with whom a marriage ceremony
was actually performed and who otherwise
meets any applicable requirements under this
chapter to establish the existence of and bona
fides of a marriage, but whose marriage is not
legitimate solely because of the bigamy of
such lawful permanent resident of the United
States; or
(CC) who was a bona fide spouse of a lawful
permanent resident within the past 2 years
and—
(aaa) whose spouse lost status within the
past 2 years due to an incident of domestic
violence; or
(bbb) who demonstrates a connection between the legal termination of the marriage
within the past 2 years and battering or extreme cruelty by the lawful permanent resident spouse;
1 So

in original. Probably should be ‘‘(II)’’.

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TITLE 8—ALIENS AND NATIONALITY

(bb) who is a person of good moral character;
(cc) who is eligible to be classified as a
spouse of an alien lawfully admitted for permanent residence under section 1153(a)(2)(A) of
this title or who would have been so classified
but for the bigamy of the lawful permanent
resident of the United States that the alien intended to marry; and
(dd) who has resided with the alien’s spouse
or intended spouse.
(iii) An alien who is the child of an alien lawfully admitted for permanent residence, or who
was the child of a lawful permanent resident
who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a person of good
moral character, who is eligible for classification under section 1153(a)(2)(A) of this title, and
who resides, or has resided in the past, with the
alien’s permanent resident alien parent may file
a petition with the Attorney General under this
subparagraph for classification of the alien (and
any child of the alien) under such section if the
alien demonstrates to the Attorney General that
the alien has been battered by or has been the
subject of extreme cruelty perpetrated by the
alien’s permanent resident parent.
(iv) An alien who—
(I) is the spouse, intended spouse, or child
living abroad of a lawful permanent resident
who—
(aa) is an employee of the United States
Government;
(bb) is a member of the uniformed services
(as defined in section 101(a) of title 10); or
(cc) has subjected the alien or the alien’s
child to battery or extreme cruelty in the
United States; and
(II) is eligible to file a petition under clause
(ii) or (iii),
shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.
(v)(I) For the purposes of any petition filed or
approved under clause (ii) or (iii), divorce, or the
loss of lawful permanent resident status by a
spouse or parent after the filing of a petition
under that clause shall not adversely affect approval of the petition, and, for an approved petition, shall not affect the alien’s ability to adjust
status under subsections (a) and (c) of section
1255 of this title or obtain status as a lawful permanent resident based on an approved self-petition under clause (ii) or (iii).
(II) Upon the lawful permanent resident
spouse or parent becoming or establishing the
existence of United States citizenship through
naturalization, acquisition of citizenship, or
other means, any petition filed with the Immigration and Naturalization Service and pending
or approved under clause (ii) or (iii) on behalf of
an alien who has been battered or subjected to
extreme cruelty shall be deemed reclassified as
a petition filed under subparagraph (A) even if
the acquisition of citizenship occurs after divorce or termination of parental rights.
(C) Notwithstanding section 1101(f) of this
title, an act or conviction that is waivable with
respect to the petitioner for purposes of a determination of the petitioner’s admissibility under

§ 1154

section 1182(a) of this title or deportability
under section 1227(a) of this title shall not bar
the Attorney General from finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if
the Attorney General finds that the act or conviction was connected to the alien’s having been
battered or subjected to extreme cruelty.
(D)(i)(I) Any child who attains 21 years of age
who has filed a petition under clause (iv) of subsection (a)(1)(A) of this section or subsection
(a)(1)(B)(iii) of this section that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the
child has not been admitted or approved for lawful permanent residence by the date the child
attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of
section 1153(a) of this title, whichever paragraph
is applicable, with the same priority date assigned to the self-petition filed under clause (iv)
of subsection (a)(1)(A) of this section or subsection (a)(1)(B)(iii) of this section. No new petition shall be required to be filed.
(II) Any individual described in subclause (I) is
eligible for deferred action and work authorization.
(III) Any derivative child who attains 21 years
of age who is included in a petition described in
clause (ii) that was filed or approved before the
date on which the child attained 21 years of age
shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of
age) a VAWA self-petitioner with the same priority date as that assigned to the petitioner in
any petition described in clause (ii). No new petition shall be required to be filed.
(IV) Any individual described in subclause (III)
and any derivative child of a petition described
in clause (ii) is eligible for deferred action and
work authorization.
(ii) The petition referred to in clause (i)(III) is
a petition filed by an alien under subparagraph
(A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the
child is included as a derivative beneficiary.
(iii) Nothing in the amendments made by the
Child Status Protection Act shall be construed
to limit or deny any right or benefit provided
under this subparagraph.
(iv) Any alien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) of section 1255 of this title as
an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii).
(v) For purposes of this paragraph, an individual who is not less than 21 years of age, who
qualified to file a petition under subparagraph
(A)(iv) or (B)(iii) as of the day before the date on
which the individual attained 21 years of age,
and who did not file such a petition before such
day, shall be treated as having filed a petition
under such subparagraph as of such day if a petition is filed for the status described in such subparagraph before the individual attains 25 years
of age and the individual shows that the abuse
was at least one central reason for the filing
delay. Clauses (i) through (iv) of this subparagraph shall apply to an individual described in
this clause in the same manner as an individual

§ 1154

TITLE 8—ALIENS AND NATIONALITY

filing a petition under subparagraph (A)(iv) or
(B)(iii).
(E) Any alien desiring to be classified under
section 1153(b)(1)(A) of this title, or any person
on behalf of such an alien, may file a petition
with the Attorney General for such classification.
(F) Any employer desiring and intending to
employ within the United States an alien entitled to classification under section 1153(b)(1)(B),
1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this title
may file a petition with the Attorney General
for such classification.
(G)(i) Any alien (other than a special immigrant under section 1101(a)(27)(D) of this title)
desiring to be classified under section 1153(b)(4)
of this title, or any person on behalf of such an
alien, may file a petition with the Attorney
General for such classification.
(ii) Aliens claiming status as a special immigrant under section 1101(a)(27)(D) of this title
may file a petition only with the Secretary of
State and only after notification by the Secretary that such status has been recommended
and approved pursuant to such section.
(H) Any alien desiring to be classified under
section 1153(b)(5) of this title may file a petition
with the Attorney General for such classification.
(I)(i) Any alien desiring to be provided an immigrant visa under section 1153(c) of this title
may file a petition at the place and time determined by the Secretary of State by regulation.
Only one such petition may be filed by an alien
with respect to any petitioning period established. If more than one petition is submitted all
such petitions submitted for such period by the
alien shall be voided.
(ii)(I) The Secretary of State shall designate a
period for the filing of petitions with respect to
visas which may be issued under section 1153(c)
of this title for the fiscal year beginning after
the end of the period.
(II) Aliens who qualify, through random selection, for a visa under section 1153(c) of this title
shall remain eligible to receive such visa only
through the end of the specific fiscal year for
which they were selected.
(III) The Secretary of State shall prescribe
such regulations as may be necessary to carry
out this clause.
(iii) A petition under this subparagraph shall
be in such form as the Secretary of State may
by regulation prescribe and shall contain such
information and be supported by such documentary evidence as the Secretary of State may require.
(J) In acting on petitions filed under clause
(iii) or (iv) of subparagraph (A) or clause (ii) or
(iii) of subparagraph (B), or in making determinations under subparagraphs (C) and (D), the
Attorney General shall consider any credible
evidence relevant to the petition. The determination of what evidence is credible and the
weight to be given that evidence shall be within
the sole discretion of the Attorney General.
(K) Upon the approval of a petition as a VAWA
self-petitioner, the alien—
(i) is eligible for work authorization; and
(ii) may be provided an ‘‘employment authorized’’ endorsement or appropriate work
permit incidental to such approval.

Page 94

(L) Notwithstanding the previous provisions of
this paragraph, an individual who was a VAWA
petitioner or who had the status of a nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15) of this title may not file a petition for classification under this section or section 1184 of this title to classify any person who
committed the battery or extreme cruelty or
trafficking against the individual (or the individual’s child) which established the individual’s
(or individual’s child 2) eligibility as a VAWA petitioner or for such nonimmigrant status.
(2)(A) The Attorney General may not approve
a spousal second preference petition for the classification of the spouse of an alien if the alien,
by virtue of a prior marriage, has been accorded
the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of
the United States or as the spouse of an alien
lawfully admitted for permanent residence, unless—
(i) a period of 5 years has elapsed after the
date the alien acquired the status of an alien
lawfully admitted for permanent residence, or
(ii) the alien establishes to the satisfaction
of the Attorney General by clear and convincing evidence that the prior marriage (on the
basis of which the alien obtained the status of
an alien lawfully admitted for permanent residence) was not entered into for the purpose of
evading any provision of the immigration
laws.
In this subparagraph, the term ‘‘spousal second
preference petition’’ refers to a petition, seeking
preference status under section 1153(a)(2) of this
title, for an alien as a spouse of an alien lawfully admitted for permanent residence.
(B) Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of
an alien if the prior marriage of the alien was
terminated by the death of his or her spouse.
(b) Investigation; consultation; approval; authorization to grant preference status
After an investigation of the facts in each
case, and after consultation with the Secretary
of Labor with respect to petitions to accord a
status under section 1153(b)(2) or 1153(b)(3) of
this title, the Attorney General shall, if he determines that the facts stated in the petition
are true and that the alien in behalf of whom
the petition is made is an immediate relative
specified in section 1151(b) of this title or is eligible for preference under subsection (a) or (b) of
section 1153 of this title, approve the petition
and forward one copy thereof to the Department
of State. The Secretary of State shall then authorize the consular officer concerned to grant
the preference status.
(c) Limitation on orphan petitions approved for
a single petitioner; prohibition against approval in cases of marriages entered into in
order to evade immigration laws; restriction
on future entry of aliens involved with marriage fraud
Notwithstanding the provisions of subsection
(b) of this section no petition shall be approved
if (1) the alien has previously been accorded, or
2 So

in original. Probably should be ‘‘child’s’’.

Page 95

TITLE 8—ALIENS AND NATIONALITY

has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an
alien lawfully admitted for permanent residence, by reason of a marriage determined by
the Attorney General to have been entered into
for the purpose of evading the immigration laws,
or (2) the Attorney General has determined that
the alien has attempted or conspired to enter
into a marriage for the purpose of evading the
immigration laws.
(d) Recommendation of valid home-study
(1) Notwithstanding the provisions of subsections (a) and (b) of this section no petition
may be approved on behalf of a child defined in
subparagraph (F) or (G) of section 1101(b)(1) of
this title unless a valid home-study has been favorably recommended by an agency of the State
of the child’s proposed residence, or by an agency authorized by that State to conduct such a
study, or, in the case of a child adopted abroad,
by an appropriate public or private adoption
agency which is licensed in the United States.
(2) Notwithstanding the provisions of subsections (a) and (b) of this section, no petition
may be approved on behalf of a child defined in
section 1101(b)(1)(G) of this title unless the Secretary of State has certified that the central authority of the child’s country of origin has notified the United States central authority under
the convention referred to in such section
1101(b)(1)(G) of this title that a United States
citizen habitually resident in the United States
has effected final adoption of the child, or has
been granted custody of the child for the purpose of emigration and adoption, in accordance
with such convention and the Intercountry
Adoption Act of 2000 [42 U.S.C. 14901 et seq.].
(e) Subsequent finding of non-entitlement to
preference classification
Nothing in this section shall be construed to
entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted 3 the United States as an immigrant under
subsection (a), (b), or (c) of section 1153 of this
title or as an immediate relative under section
1151(b) of this title if upon his arrival at a port
of entry in the United States he is found not to
be entitled to such classification.
(f) Preferential treatment for children fathered
by United States citizens and born in Korea,
Vietnam, Laos, Kampuchea, or Thailand after
1950 and before October 22, 1982
(1) Any alien claiming to be an alien described
in paragraph (2)(A) of this subsection (or any
person on behalf of such an alien) may file a petition with the Attorney General for classification under section 1151(b), 1153(a)(1), or 1153(a)(3)
of this title, as appropriate. After an investigation of the facts of each case the Attorney General shall, if the conditions described in paragraph (2) are met, approve the petition and forward one copy to the Secretary of State.
(2) The Attorney General may approve a petition for an alien under paragraph (1) if—
(A) he has reason to believe that the alien (i)
was
born
in
Korea,
Vietnam,
Laos,
3 So

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

§ 1154

Kampuchea, or Thailand after 1950 and before
October 22, 1982, and (ii) was fathered by a
United States citizen;
(B) he has received an acceptable guarantee
of legal custody and financial responsibility
described in paragraph (4); and
(C) in the case of an alien under eighteen
years of age, (i) the alien’s placement with a
sponsor in the United States has been arranged by an appropriate public, private, or
State child welfare agency licensed in the
United States and actively involved in the
intercountry placement of children and (ii) the
alien’s mother or guardian has in writing irrevocably released the alien for emigration.
(3) In considering petitions filed under paragraph (1), the Attorney General shall—
(A) consult with appropriate governmental
officials and officials of private voluntary organizations in the country of the alien’s birth
in order to make the determinations described
in subparagraphs (A) and (C)(ii) of paragraph
(2); and
(B) consider the physical appearance of the
alien and any evidence provided by the petitioner, including birth and baptismal certificates, local civil records, photographs of, and
letters or proof of financial support from, a
putative father who is a citizen of the United
States, and the testimony of witnesses, to the
extent it is relevant or probative.
(4)(A) A guarantee of legal custody and financial responsibility for an alien described in paragraph (2) must—
(i) be signed in the presence of an immigration officer or consular officer by an individual (hereinafter in this paragraph referred to
as the ‘‘sponsor’’) who is twenty-one years of
age or older, is of good moral character, and is
a citizen of the United States or alien lawfully
admitted for permanent residence, and
(ii) provide that the sponsor agrees (I) in the
case of an alien under eighteen years of age, to
assume legal custody for the alien after the
alien’s departure to the United States and
until the alien becomes eighteen years of age,
in accordance with the laws of the State where
the alien and the sponsor will reside, and (II)
to furnish, during the five-year period beginning on the date of the alien’s acquiring the
status of an alien lawfully admitted for permanent residence, or during the period beginning on the date of the alien’s acquiring the
status of an alien lawfully admitted for permanent residence and ending on the date on
which the alien becomes twenty-one years of
age, whichever period is longer, such financial
support as is necessary to maintain the family
in the United States of which the alien is a
member at a level equal to at least 125 per centum of the current official poverty line (as established by the Director of the Office of Management and Budget, under section 9902(2) of
title 42 and as revised by the Secretary of
Health and Human Services under the second
and third sentences of such section) for a family of the same size as the size of the alien’s
family.
(B) A guarantee of legal custody and financial
responsibility described in subparagraph (A)

§ 1154

TITLE 8—ALIENS AND NATIONALITY

may be enforced with respect to an alien against
his sponsor in a civil suit brought by the Attorney General in the United States district court
for the district in which the sponsor resides, except that a sponsor or his estate shall not be liable under such a guarantee if the sponsor dies or
is adjudicated a bankrupt under title 11.
(g) Restriction on petitions based on marriages
entered while in exclusion or deportation
proceedings
Notwithstanding subsection (a) of this section,
except as provided in section 1255(e)(3) of this
title, a petition may not be approved to grant an
alien immediate relative status or preference
status by reason of a marriage which was entered into during the period described in section
1255(e)(2) of this title, until the alien has resided
outside the United States for a 2-year period beginning after the date of the marriage.
(h) Survival of rights to petition
The legal termination of a marriage may not
be the sole basis for revocation under section
1155 of this title of a petition filed under subsection (a)(1)(A)(iii) of this section or a petition
filed under subsection (a)(1)(B)(ii) of this section
pursuant to conditions described in subsection
(a)(1)(A)(iii)(I) of this section. Remarriage of an
alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or marriage of an alien described in clause
(iv) or (vi) of subsection (a)(1)(A) of this section
or in subsection (a)(1)(B)(iii) of this section shall
not be the basis for revocation of a petition approval under section 1155 of this title.
(i) Professional athletes
(1) In general
A petition under subsection (a)(4)(D) 4 of this
section for classification of a professional athlete shall remain valid for the athlete after
the athlete changes employers, if the new employer is a team in the same sport as the team
which was the employer who filed the petition.
(2) ‘‘Professional athlete’’ defined
For purposes of paragraph (1), the term ‘‘professional athlete’’ means an individual who is
employed as an athlete by—
(A) a team that is a member of an association of 6 or more professional sports teams
whose total combined revenues exceed
$10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which
its member teams regularly engage; or
(B) any minor league team that is affiliated with such an association.
(j) Job flexibility for long delayed applicants for
adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this
section for an individual whose application for
adjustment of status pursuant to section 1255 of
this title has been filed and remained unadjudicated for 180 days or more shall remain valid
with respect to a new job if the individual
changes jobs or employers if the new job is in
the same or a similar occupational classification as the job for which the petition was filed.
4 So

in original. Probably should be subsection ‘‘(a)(1)(D)’’.

Page 96

(k) Procedures for unmarried sons and daughters of citizens
(1) In general
Except as provided in paragraph (2), in the
case of a petition under this section initially
filed for an alien unmarried son or daughter’s
classification as a family-sponsored immigrant under section 1153(a)(2)(B) of this title,
based on a parent of the son or daughter being
an alien lawfully admitted for permanent residence, if such parent subsequently becomes a
naturalized citizen of the United States, such
petition shall be converted to a petition to
classify the unmarried son or daughter as a
family-sponsored immigrant under section
1153(a)(1) of this title.
(2) Exception
Paragraph (1) does not apply if the son or
daughter files with the Attorney General a
written statement that he or she elects not to
have such conversion occur (or if it has occurred, to have such conversion revoked).
Where such an election has been made, any determination with respect to the son or daughter’s eligibility for admission as a familysponsored immigrant shall be made as if such
naturalization had not taken place.
(3) Priority date
Regardless of whether a petition is converted under this subsection or not, if an unmarried son or daughter described in this subsection was assigned a priority date with respect to such petition before such naturalization, he or she may maintain that priority
date.
(4) Clarification
This subsection shall apply to a petition if it
is properly filed, regardless of whether it was
approved or not before such naturalization.
(l) Surviving relative consideration for certain
petitions and applications
(1) In general
An alien described in paragraph (2) who resided in the United States at the time of the
death of the qualifying relative and who continues to reside in the United States shall
have such petition described in paragraph (2),
or an application for adjustment of status to
that of a person admitted for lawful permanent residence based upon the family relationship described in paragraph (2), and any related applications, adjudicated notwithstanding
the death of the qualifying relative, unless the
Secretary of Homeland Security determines,
in the unreviewable discretion of the Secretary, that approval would not be in the public interest.
(2) Alien described
An alien described in this paragraph is an
alien who, immediately prior to the death of
his or her qualifying relative, was—
(A) the beneficiary of a pending or approved petition for classification as an immediate relative (as described in section
1151(b)(2)(A)(i) of this title);
(B) the beneficiary of a pending or approved petition for classification under section 1153(a) or (d) of this title;

Page 97

TITLE 8—ALIENS AND NATIONALITY

(C) a derivative beneficiary of a pending or
approved petition for classification under
section 1153(b) of this title (as described in
section 1153(d) of this title);
(D) the beneficiary of a pending or approved refugee/asylee relative petition under
section 1157 or 1158 of this title;
(E) an alien admitted in ‘‘T’’ nonimmigrant status as described in section
1101(a)(15)(T)(ii) of this title or in ‘‘U’’ nonimmigrant status as described in section
1101(a)(15)(U)(ii) of this title; or
(F) an asylee (as described in section
1158(b)(3) of this title).
(June 27, 1952, ch. 477, title II, ch. 1, § 204, 66 Stat.
179; Pub. L. 87–885, § 3, Oct. 24, 1962, 76 Stat. 1247;
Pub. L. 89–236, § 4, Oct. 3, 1965, 79 Stat. 915; Pub.
L. 94–571, § 7(b), Oct. 20, 1976, 90 Stat. 2706; Pub.
L. 95–417, §§ 2, 3, Oct. 5, 1978, 92 Stat. 917; Pub. L.
96–470, title II, § 207, Oct. 19, 1980, 94 Stat. 2245;
Pub. L. 97–116, §§ 3, 18(d), Dec. 29, 1981, 95 Stat.
1611, 1620; Pub. L. 97–359, Oct. 22, 1982, 96 Stat.
1716; Pub. L. 99–639, §§ 2(c), 4(a), 5(b), Nov. 10,
1986, 100 Stat. 3541, 3543; Pub. L. 100–525, § 9(g),
Oct. 24, 1988, 102 Stat. 2620; Pub. L. 101–649, title
I, § 162(b), title VII, § 702(b), Nov. 29, 1990, 104
Stat. 5010, 5086; Pub. L. 102–232, title III,
§§ 302(e)(4), (5), 308(b), 309(b)(5), Dec. 12, 1991, 105
Stat. 1745, 1746, 1757, 1758; Pub. L. 103–322, title
IV, § 40701(a), (b)(1), (c), Sept. 13, 1994, 108 Stat.
1953, 1954; Pub. L. 103–416, title II, § 219(b)(2), Oct.
25, 1994, 108 Stat. 4316; Pub. L. 104–208, div. C,
title III, § 308(e)(1)(A), (f)(2)(A), title VI, § 624(b),
Sept. 30, 1996, 110 Stat. 3009–619, 3009–621,
3009–699; Pub. L. 106–279, title III, § 302(b), Oct. 6,
2000, 114 Stat. 839; Pub. L. 106–313, title I,
§ 106(c)(1), Oct. 17, 2000, 114 Stat. 1254; Pub. L.
106–386, div. B, title V, §§ 1503(b)–(d), 1507(a)(1),
(2), (b), Oct. 28, 2000, 114 Stat. 1518–1521, 1529, 1530;
Pub. L. 107–208, §§ 6, 7, Aug. 6, 2002, 116 Stat. 929;
Pub. L. 109–162, title VIII, §§ 805(a),(c), 814(b),(e),
816, Jan. 5, 2006, 119 Stat. 3056, 3059, 3060; Pub. L.
109–248, title IV, § 402(a), July 27, 2006, 120 Stat.
622; Pub. L. 109–271, § 6(a), Aug. 12, 2006, 120 Stat.
762; Pub. L. 111–83, title V, § 568(d)(1), Oct. 28,
2009, 123 Stat. 2187.)
REFERENCES IN TEXT
This
chapter,
referred
to
in
subsec.
(a)(1)(A)(iii)(II)(aa)(BB), (B)(ii)(II)(aa)(BB), 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.
The Child Status Protection Act, referred to in subsec. (a)(1)(D)(iii), is Pub. L. 107–208, Aug. 6, 2002, 116
Stat. 927, which amended this section and sections 1151,
1153, 1157, and 1158 of this title and enacted provisions
set out as notes under sections 1101 and 1151 of this
title. For complete classification of this Act to the
Code, see Short Title of 2002 Amendments note set out
under section 1101 of this title and Tables.
The Intercountry Adoption Act of 2000, referred to in
subsec. (d)(2), is Pub. L. 106–279, Oct. 6, 2000, 114 Stat.
825, which is classified principally to chapter 143 (§ 14901
et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 14901 of Title 42
and Tables.
AMENDMENTS
2009—Subsec. (l). Pub. L. 111–83 added subsec. (l).

§ 1154

2006—Subsec. (a)(1)(A)(i). Pub. L. 109–248, § 402(a)(1),
substituted ‘‘Except as provided in clause (viii), any’’
for ‘‘Any’’.
Subsec. (a)(1)(A)(vii). Pub. L. 109–162, § 816, added cl.
(vii).
Subsec. (a)(1)(A)(viii). Pub. L. 109–248, § 402(a)(2),
added cl. (viii).
Subsec. (a)(1)(B)(i). Pub. L. 109–248, § 402(a)(3), redesignated cl. (i) as first subcl. (I), substituted ‘‘Except as
provided in subclause (II), any alien’’ for ‘‘Any alien’’,
and added a second subcl. (I).
Subsec. (a)(1)(D)(v). Pub. L. 109–271, which directed insertion of ‘‘or (B)(iii)’’ after ‘‘(A)(iv)’’, was executed by
making the insertion after ‘‘(A)(iv)’’ both places it appeared, to reflect the probable intent of Congress.
Pub. L. 109–162, § 805(c)(1), added cl. (v).
Subsec. (a)(1)(D)(i)(I). Pub. L. 109–162, § 805(a)(1)(A),
inserted ‘‘or subsection (a)(1)(B)(iii) of this section’’
after ‘‘subsection (a)(1)(A) of this section’’ in two
places.
Subsec. (a)(1)(D)(i)(III). Pub. L. 109–162, § 805(a)(1)(B),
substituted ‘‘a VAWA self-petitioner’’ for ‘‘a petitioner
for preference status under paragraph (1), (2), or (3) of
section 1153(a) of this title, whichever paragraph is applicable,’’.
Subsec. (a)(1)(D)(iv). Pub. L. 109–162, § 805(a)(2), added
cl. (iv).
Subsec. (a)(1)(K). Pub. L. 109–162, § 814(b), added subpar. (K).
Subsec. (a)(1)(L). Pub. L. 109–162, § 814(e), added subpar. (L).
2002—Subsec. (a)(1)(D)(iii). Pub. L. 107–208, § 7, added
cl. (iii).
Subsec. (k). Pub. L. 107–208, § 6, added subsec. (k).
2000—Subsec.
(a)(1)(A)(iii).
Pub.
L.
106–386,
§ 1503(b)(1)(A), amended cl. (iii) generally. Prior to
amendment, cl. (iii) read as follows: ‘‘An alien who is
the spouse of a citizen of the United States, who is a
person of good moral character, who is eligible to be
classified as an immediate relative under section
1151(b)(2)(A)(i) of this title, and who has resided in the
United States with the alien’s spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of
the alien if such a child has not been classified under
clause (iv)) under such section if the alien demonstrates to the Attorney General that—
‘‘(I) the alien is residing in the United States, the
marriage between the alien and the spouse was entered into in good faith by the alien, and during the
marriage the alien or a child of the alien has been
battered by or has been the subject of extreme cruelty perpetrated by the alien’s spouse; and
‘‘(II) the alien is a person whose removal, in the
opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien.’’
Subsec. (a)(1)(A)(iv). Pub. L. 106–386, § 1503(b)(2),
amended cl. (iv) generally. Prior to amendment, cl. (iv)
read as follows: ‘‘An alien who is the child of a citizen
of the United States, who is a person of good moral
character, who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title,
and who has resided in the United States with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the
alien under such section if the alien demonstrates to
the Attorney General that—
‘‘(I) the alien is residing in the United States and
during the period of residence with the citizen parent
the alien has been battered by or has been the subject
of extreme cruelty perpetrated by the alien’s citizen
parent; and
‘‘(II) the alien is a person whose removal, in the
opinion of the Attorney General, would result in extreme hardship to the alien.’’
Subsec. (a)(1)(A)(v). Pub. L. 106–386, § 1503(b)(3), added
cl. (v).
Subsec. (a)(1)(A)(vi). Pub. L. 106–386, § 1507(a)(1), added
cl. (vi).
Subsec. (a)(1)(B)(ii). Pub. L. 106–386, § 1503(c)(1),
amended cl. (ii) generally. Prior to amendment, cl. (ii)

§ 1154

TITLE 8—ALIENS AND NATIONALITY

read as follows: ‘‘An alien who is the spouse of an alien
lawfully admitted for permanent residence, who is a
person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title, and
who has resided in the United States with the alien’s
legal permanent resident spouse may file a petition
with the Attorney General under this subparagraph for
classification of the alien (and any child of the alien if
such a child has not been classified under clause (iii))
under such section if the alien demonstrates to the Attorney General that the conditions described in subclauses (I) and (II) of subparagraph (A)(iii) are met with
respect to the alien.’’
Subsec. (a)(1)(B)(iii). Pub. L. 106–386, § 1503(c)(2),
amended cl. (iii) generally. Prior to amendment, cl.
(iii) read as follows: ‘‘An alien who is the child of an
alien lawfully admitted for permanent residence, who
is a person of good moral character, who is eligible for
classification under section 1153(a)(2)(A) of this title,
and who has resided in the United States with the
alien’s permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section
if the alien demonstrates to the Attorney General
that—
‘‘(I) the alien is residing in the United States and
during the period of residence with the permanent
resident parent the alien has been battered by or has
been the subject of extreme cruelty perpetrated by
the alien’s permanent resident parent; and
‘‘(II) the alien is a person whose removal, in the
opinion of the Attorney General, would result in extreme hardship to the alien.’’
Subsec. (a)(1)(B)(iv). Pub. L. 106–386, § 1503(c)(3), added
cl. (iv).
Subsec. (a)(1)(B)(v). Pub. L. 106–386, § 1507(a)(2), added
cl. (v).
Subsec. (a)(1)(C) to (I). Pub. L. 106–386, § 1503(d)(1), (2),
added subpars. (C) and (D) and redesignated former subpars. (C) to (G) as (E) to (I), respectively. Former subpar. (H) redesignated (J).
Subsec. (a)(1)(J). Pub. L. 106–386, § 1503(d)(1), (3), redesignated subpar. (H) as (J) and inserted ‘‘or in making
determinations under subparagraphs (C) and (D),’’ after
‘‘subparagraph (B),’’.
Subsec. (d). Pub. L. 106–279 designated existing provisions as par. (1), substituted ‘‘subparagraph (F) or (G)
of section 1101(b)(1)’’ for ‘‘section 1101(b)(1)(F)’’, and
added par. (2).
Subsec. (h). Pub. L. 106–386, § 1507(b), inserted at end
‘‘Remarriage of an alien whose petition was approved
under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or marriage of an alien described in clause (iv) or
(vi) of subsection (a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of this section shall not be the
basis for revocation of a petition approval under section 1155 of this title.’’
Subsec. (j). Pub. L. 106–313 added subsec. (j).
1996—Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II). Pub.
L. 104–208, § 308(e)(1)(A), substituted ‘‘removal’’ for ‘‘deportation’’.
Subsec. (e). Pub. L. 104–208, § 308(f)(2)(A), substituted
‘‘be admitted’’ for ‘‘enter’’.
Subsec. (i). Pub. L. 104–208, § 624(b), added subsec. (i).
1994—Subsec. (a)(1). Pub. L. 103–322, § 40701(a), in subpar. (A), designated first sentence as cl. (i) and second
sentence as cl. (ii) and added cls. (iii) and (iv), in subpar. (B), designated existing provisions as cl. (i) and
added cls. (ii) and (iii), and added subpar. (H).
Subsec. (a)(1)(A). Pub. L. 103–416 in second sentence
inserted ‘‘spouse’’ after ‘‘alien’’ and ‘‘of the alien (and
the alien’s children)’’ after ‘‘for classification’’.
Subsec. (a)(2). Pub. L. 103–322, § 40701(b)(1), in subpar.
(A), substituted ‘‘for the classification of the spouse of
an alien if the alien,’’ for ‘‘filed by an alien who,’’ in introductory provisions and in subpar. (B), substituted
‘‘for the classification of the spouse of an alien if the
prior marriage of the alien’’ for ‘‘by an alien whose
prior marriage’’.
Subsec. (h). Pub. L. 103–322, § 40701(c), added subsec.
(h).

Page 98

1991—Subsec. (a)(1)(A). Pub. L. 102–232, § 302(e)(4)(A),
inserted sentence at end authorizing filing of petitions
by aliens described in second sentence of section
1151(b)(2)(A)(i) of this title.
Subsec. (a)(1)(F). Pub. L. 102–232, § 302(e)(4)(B), substituted ‘‘Attorney General’’ for ‘‘Secretary of State’’.
Subsec. (a)(1)(G)(iii). Pub. L. 102–232, § 302(e)(4)(C),
struck out ‘‘or registration’’ after ‘‘petition’’.
Subsec. (e). Pub. L. 102–232, § 302(e)(5), substituted ‘‘as
an immigrant’’ for ‘‘as a immigrant’’.
Subsec. (f)(4)(A)(ii)(II). Pub. L. 102–232, § 309(b)(5), substituted ‘‘the second and third sentences of such section’’ for ‘‘section 9847 of title 42’’.
Subsec. (g). Pub. L. 102–232, § 308(b), made technical
correction to directory language of Pub. L. 101–649,
§ 702(b). See 1990 Amendment note below.
1990—Subsec. (a)(1). Pub. L. 101–649, § 162(b)(1), added
par. (1) and struck out former par. (1) which read as follows: ‘‘Any citizen of the United States claiming that
an alien is entitled to a preference status by reason of
a relationship described in paragraph (1), (4), or (5) of
section 1153(a) of this title, or to an immediate relative
status under section 1151(b) of this title, or any alien
lawfully admitted for permanent residence claiming
that an alien is entitled to a preference status by reason of the relationship described in section 1153(a)(2) of
this title, or any alien desiring to be classified as a
preference immigrant under section 1153(a)(3) of this
title (or any person on behalf of such an alien), or any
person desiring and intending to employ within the
United States an alien entitled to classification as a
preference immigrant under section 1153(a)(6) of this
title, may file a petition with the Attorney General for
such classification. The petition shall be in such form
as the Attorney General may by regulations prescribe
and shall contain such information and be supported by
such documentary evidence as the Attorney General
may require. The petition shall be made under oath administered by any individual having authority to administer oaths, if executed in the United States, but, if
executed outside the United States, administered by a
consular officer or an immigration officer.’’
Subsec. (b). Pub. L. 101–649, § 162(b)(2), substituted reference to section 1153(b)(2) or 1153(b)(3) of this title for
reference to section 1153(a)(3) or (6) of this title, and
reference to preference under section 1153(a) or (b) of
this title for reference to a preference status under section 1153(a) of this title.
Subsec. (e). Pub. L. 101–649, § 162(b)(3), substituted
‘‘immigrant under subsection (a), (b), or (c) of section
1153 of this title’’ for ‘‘preference immigrant under section 1153(a) of this title’’.
Subsec. (f). Pub. L. 101–649, § 162(b)(5), (6), redesignated subsec. (g) as (f) and struck out former subsec. (f)
which related to applicability of provisions to qualified
immigrants specified in section 1152(e) of this title.
Subsec. (f)(1). Pub. L. 101–649, § 162(b)(4), substituted
reference to section 1153(a)(3) of this title for reference
to section 1153(a)(4) of this title.
Subsec. (g). Pub. L. 101–649, § 702(b), as amended by
Pub. L. 102–232, § 308(b), inserted ‘‘except as provided in
section 1255(e)(3) of this title,’’ after ‘‘Notwithstanding
subsection (a) of this section,’’.
Pub. L. 101–649, § 162(b)(6), redesignated subsec. (h) as
(g). Former subsec. (g) redesignated as (f).
Subsec. (h). Pub. L. 101–649, § 162(b)(6), redesignated
subsec. (h) as (g).
1988—Subsec. (c). Pub. L. 100–525, § 9(g)(1), substituted
‘‘an immediate relative’’ for ‘‘a nonquota’’.
Subsec. (g)(3)(A). Pub. L. 100–525, § 9(g)(2), substituted
‘‘(C)(ii) of paragraph (2)’’ for ‘‘(C)(i) of paragraph 2’’.
1986—Subsec. (a). Pub. L. 99–639, § 2(c), designated existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 99–639, § 4(a), inserted ‘‘(1)’’ after
‘‘if’’ and ‘‘, or has sought to be accorded,’’ and added cl.
(2).
Subsec. (h). Pub. L. 99–639, § 5(b), added subsec. (h).
1982—Subsec. (g). Pub. L. 97–359 added subsec. (g).
1981—Subsec. (a). Pub. L. 97–116, § 18(d), substituted
‘‘of a relationship described in paragraph’’ for ‘‘of the
relationships described in paragraphs’’.

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (d). Pub. L. 97–116, § 3, redesignated subsec. (e)
as (d). Former subsec. (d), directing that the Attorney
General forward to the Congress a Statistical summary
of petitions for immigrant status approved by him
under section 1153(a)(3) or 1153(a)(6) of this title and
that the reports be submitted to Congress on the first
and fifteenth day of each calendar month in which Congress was in session, was struck out.
Subsecs. (e), (f). Pub. L. 97–116, § 3, redesignated as
subsec. (e) the subsec. (f) relating to subsequent finding
of non-entitlement. See 1978 Amendment note below.
Former subsec. (e) redesignated (d).
1980—Subsec. (d). Pub. L. 96–470 substituted provision
requiring the Attorney General to forward to Congress
a statistical summary of approved petitions for professional or occupational preferences for provision requiring the Attorney General to forward to Congress a report on each petition approved for professional or occupational preference stating the basis for his approval
and the facts pertinent in establishing qualifications
for preferential status.
1978—Subsec. (c). Pub. L. 95–417, § 2, struck out ‘‘no
more than two petitions may be approved for one petitioner on behalf of a child as defined in section
1101(b)(1)(E) or 1101(b)(1)(F) of this title unless necessary to prevent the separation of brothers and sisters
and’’ after ‘‘subsection (b) of this section’’.
Subsecs. (e), (f). Pub. L. 95–417, § 3, added subsec. (e)
and redesignated former subsec. (e), relating to subsequent finding of non-entitlement, as subsec. (f) without
regard to existing subsec. (f), relating to provisions applicable to qualified immigrants, added by Pub. L.
94–571.
1976—Subsec. (f). Pub. L. 94–571 added subsec. (f).
1965—Subsec. (a). Pub. L. 89–236 substituted provisions spelling out the statutory grounds for filing a petition for preference status and prescribing the authority of the Attorney General to require documentary
evidence in support and the form of the petition, for
provisions prohibiting consular officers from granting
preference status before being authorized to do so in
cases of applications based on membership in the ministry of a religious denomination or high education,
technical training, or specialized experience which
would be substantially beneficial to the United States.
Subsec. (b). Pub. L. 89–236 substituted provisions authorizing investigation of petitions by the Attorney
General, consultation with the Secretary of Labor, and
authorization to consular officers, for provisions specifying the form of application for preference status on
the basis of membership in the ministry of a religious
denomination or high education, technical training, or
specialized experience which would be substantially
beneficial to the United States and the circumstances
making an application appropriate.
Subsec. (c). Pub. L. 89–236 substituted provisions limiting the number of orphan petitions which may be approved for one petitioner and prohibiting approval of
any petition of an alien whose prior marriage was determined by the Attorney General to have been entered
into for the purpose of evading the immigration laws,
for provisions which related to investigation of facts by
the Attorney General and submission of reports to Congress covering the granting of preferential status.
Subsec. (d). Pub. L. 89–236 substituted provisions requiring the Attorney General to submit reports to Congress on each approved petition for professional or occupational preference, for provisions prohibiting a statutory construction of the section which would entitle
an immigrant to preferential classification if, upon arrival at the port of entry, he was found not to be entitled to such classification.
Subsec. (e). Pub. L. 89–236 added subsec. (e).
1962—Subsec. (c). Pub. L. 87–885 provided for submission of reports to Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–208 effective Aug. 6, 2002,
and applicable to certain beneficiary aliens, see section
8 of Pub. L. 107–208, set out as a note under section 1151
of this title.

§ 1154

EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–279 effective Apr. 1, 2008,
see section 505(a)(2), (b) of Pub. L. 106–279, set out as an
Effective Dates; Transition Rule note under section
14901 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(1)(A), (f)(2)(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.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
Amendment by Pub. L. 103–322 effective Jan. 1, 1995,
see section 40701(d) of Pub. L. 103–322, set out as a note
under section 1151 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 302(e)(4), (5) and 308(b) 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 162(b) of Pub. L. 101–649 effective Nov. 29, 1990, but only insofar as section 162(b) relates to visas for fiscal years beginning with fiscal year
1992, with general transition provisions, see section
161(b), (c) of Pub. L. 101–649, set out as a note under section 1101 of this title.
Section 702(c) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this section [amending sections
1154 and 1255 of this title] shall apply to marriages entered into before, on, or after the date of the enactment
of this Act [Nov. 29, 1990].’’
EFFECTIVE DATE OF 1986 AMENDMENT
Section 4(b) of Pub. L. 99–639 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to petitions filed on or after the date
of the enactment of this Act [Nov. 10, 1986].’’
Section 5(c) of Pub. L. 99–639 provided that: ‘‘The
amendments made by this section [amending this section and section 1255 of this title] shall apply to marriages entered into on or after the date of the enactment of this Act [Nov. 10, 1986].’’
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
CONSTRUCTION OF 2009 AMENDMENT
Pub. L. 111–83, title V, § 568(d)(2), Oct. 28, 2009, 123
Stat. 2187, provided that: ‘‘Nothing in the amendment
made by paragraph (1) [amending this section] may be
construed to limit or waive any ground of removal,
basis for denial of petition or application, or other criteria for adjudicating petitions or applications as
otherwise provided under the immigration laws of the

§ 1155

TITLE 8—ALIENS AND NATIONALITY

United States other than ineligibility based solely on
the lack of a qualifying family relationship as specifically provided by such amendment.’’
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.
ALIEN SHEEPHERDERS
Act Sept. 3, 1954, ch. 1254, §§ 1–3, 68 Stat. 1145, provided
for the importation of skilled alien sheepherders upon
approval by the Attorney General, certification to the
Secretary of State by the Attorney General of names
and addresses of sheepherders whose applications for
importation were approved, and issuance of not more
than 385 special nonquota immigrant visas. Provisions
of said act expired on Sept. 3, 1955, by terms of section
1 thereof.

§ 1155. Revocation of approval of petitions; effective date
The Secretary of Homeland Security may, at
any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 1154 of this
title. Such revocation shall be effective as of the
date of approval of any such petition.
(June 27, 1952, ch. 477, title II, ch. 1, § 205, 66 Stat.
180; Pub. L. 86–363, § 5(a), (b), Sept. 22, 1959, 73
Stat. 644, 645; Pub. L. 87–301, §§ 3, 10, Sept. 26,
1961, 75 Stat. 650, 654; Pub. L. 89–236, § 5, Oct. 3,
1965, 79 Stat. 916; Pub. L. 104–208, div. C, title III,
§ 308(g)(3)(A), Sept. 30, 1996, 110 Stat. 3009–622;
Pub. L. 108–458, title V, § 5304(c), Dec. 17, 2004, 118
Stat. 3736.)
AMENDMENTS
2004—Pub. L. 108–458 substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ and struck out
at end ‘‘In no case, however, shall such revocation have
effect unless there is mailed to the petitioner’s last
known address a notice of the revocation and unless notice of the revocation is communicated through the
Secretary of State to the beneficiary of the petition before such beneficiary commences his journey to the
United States. If notice of revocation is not so given,
and the beneficiary applies for admission to the United
States, his admissibility shall be determined in the
manner provided for by sections 1225 and 1229a of this
title.’’
1996—Pub. L. 104–208 substituted ‘‘1229a’’ for ‘‘1226’’.
1965—Pub. L. 89–236 struck out entire section which
had set out, in subsecs. (a) to (d), the procedure for
granting nonquota status or preference by reason of relationship and inserted in its place, with minor
changes, provisions formerly contained in section 1156
of this title authorizing the Attorney General to revoke his approval of petitions for good and sufficient
cause.
1961—Subsec. (b). Pub. L. 87–301, § 3(a), provided that
no petition for quota immigration status or a preference shall be approved if the beneficiary is an alien
defined in section 1101(b)(1)(F) of this title, established
requirements to be met by petitioners before a petition
for nonquota immigrant status for a child as defined in
section 1101(b)(1)(F) can be approved by the Attorney
General, and authorized the administration of oaths by
immigration officers when the petition is executed outside the United States.
Subsec. (c). Pub. L. 87–301, §§ 3(b), 10, substituted ‘‘section 1101(b)(1)(E) or (F)’’ for ‘‘section 1101(b)(1)(E)’’, and
provided that no petition shall be approved if the alien
had previously been accorded a nonquota status under

Page 100

section 1101(a)(27)(A) of this title or a preference quota
status under section 1153(a)(3) of this title, by reason of
marriage entered into to evade the immigration laws.
1959—Subsec. (b). Pub. L. 86–363, § 5(a), authorized filing of petitions by any United States citizen claiming
that an immigrant is his unmarried son or unmarried
daughter, by any alien lawfully admitted for permanent residence claiming that an immigrant is his unmarried son or unmarried daughter instead of child, or
by any United States citizen claiming that an immigrant is his married son or married daughter instead of
son or daughter, and prohibited approval of petition for
quota immigrant status or preference of alien without
proof of parent relationship of the petitioner to such
alien.
Subsec. (c). Pub. L. 86–363, § 5(b), limited approval to
two petitions for one petitioner in behalf of a child as
defined in section 1101(b)(1)(E) of this title unless necessary to prevent separation of brothers and sisters.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–458, title V, § 5304(d), Dec. 17, 2004, 118
Stat. 3736, provided that: ‘‘The amendments made by
this section [amending this section and sections 1201
and 1227 of this title] shall take effect on the date of enactment of this Act [Dec. 17, 2004] and shall apply to
revocations under sections 205 and 221(i) of the Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made
before, on, or after such date.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.

§ 1156. Unused immigrant visas
If an immigrant having an immigrant visa is
denied admission to the United States and removed, or does not apply for admission before
the expiration of the validity of his visa, or if an
alien having an immigrant visa issued to him as
a preference immigrant is found not to be a preference immigrant, an immigrant visa or a preference immigrant visa, as the case may be, may
be issued in lieu thereof to another qualified
alien.
(June 27, 1952, ch. 477, title II, ch. 1, § 206, 66 Stat.
181; Pub. L. 89–236, § 6, Oct. 3, 1965, 79 Stat. 916;
Pub. L. 104–208, div. C, title III, § 308(d)(4)(D),
Sept. 30, 1996, 110 Stat. 3009–618.)
AMENDMENTS
1996—Pub. L. 104–208 substituted ‘‘denied admission to
the United States and removed’’ for ‘‘excluded from admission to the United States and deported’’.
1965—Pub. L. 89–236 substituted provisions allowing
immigrant visas or preference immigrant visas to be issued to another qualified alien in lieu of immigrants
excluded or deported, immigrants failing to apply for
admission, or immigrants found not to be preference
immigrants, for provisions relating to revocation of approval of petitions which, with minor amendments,
were transferred to section 1155 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.

Page 101

TITLE 8—ALIENS AND NATIONALITY

EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.

§ 1157. Annual admission of refugees and admission of emergency situation refugees
(a) Maximum number of admissions; increases
for humanitarian concerns; allocations
(1) Except as provided in subsection (b) of this
section, the number of refugees who may be admitted under this section in fiscal year 1980,
1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e) of this
section), that admission of a specific number of
refugees in excess of such number is justified by
humanitarian concerns or is otherwise in the
national interest.
(2) Except as provided in subsection (b) of this
section, the number of refugees who may be admitted under this section in any fiscal year
after fiscal year 1982 shall be such number as the
President determines, before the beginning of
the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is
otherwise in the national interest.
(3) Admissions under this subsection shall be
allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation.
(4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate,
with the respective number of refugees so determined, the number of aliens who were granted
asylum in the previous year.
(b) Determinations by President respecting number of admissions for humanitarian concerns
If the President determines, after appropriate
consultation, that (1) an unforeseen emergency
refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian
concerns or is otherwise in the national interest,
and (3) the admission to the United States of
these refugees cannot be accomplished under
subsection (a) of this section, the President may
fix a number of refugees to be admitted to the
United States during the succeeding period (not
to exceed twelve months) in response to the
emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States
in accordance with a determination made by the
President after the appropriate consultation
provided under this subsection.
(c) Admission by Attorney General of refugees;
criteria; admission status of spouse or child;
applicability of other statutory requirements;
termination of refugee status of alien, spouse
or child
(1) Subject to the numerical limitations established pursuant to subsections (a) and (b) of this
section, the Attorney General may, in the Attorney General’s discretion and pursuant to
such regulations as the Attorney General may

§ 1157

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

§ 1157

TITLE 8—ALIENS AND NATIONALITY

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

Page 102

(7) Such additional information as may be
appropriate or requested by such members.
To the extent possible, information described in
this subsection shall be provided at least two
weeks in advance of discussions in person by
designated representatives of the President with
such members.
(f) Training
(1) The Attorney General, in consultation with
the Secretary of State, shall provide all United
States officials adjudicating refugee cases under
this section with the same training as that provided to officers adjudicating asylum cases
under section 1158 of this title.
(2) Such training shall include country-specific conditions, instruction on the internationally recognized right to freedom of religion, instruction on methods of religious persecution
practiced in foreign countries, and applicable
distinctions within a country between the nature of and treatment of various religious practices and believers.
(June 27, 1952, ch. 477, title II, ch. 1, § 207, as
added Pub. L. 96–212, title II, § 201(b), Mar. 17,
1980, 94 Stat. 103; amended Pub. L. 100–525, § 9(h),
Oct. 24, 1988, 102 Stat. 2620; Pub. L. 101–649, title
I, § 104(b), title VI, § 603(a)(4), Nov. 29, 1990, 104
Stat. 4985, 5082; Pub. L. 102–232, title III,
§ 307(l)(1), Dec. 12, 1991, 105 Stat. 1756; Pub. L.
104–208, div. C, title VI, § 601(b), Sept. 30, 1996, 110
Stat. 3009–689; Pub. L. 105–292, title VI, § 602(a),
Oct. 27, 1998, 112 Stat. 2812; Pub. L. 107–208, § 5,
Aug. 6, 2002, 116 Stat. 929; Pub. L. 109–13, div. B,
title I, § 101(g)(2), May 11, 2005, 119 Stat. 305.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(1), (2)(A), was
in the original, ‘‘this Act’’, meaning act June 27, 1952,
ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
PRIOR PROVISIONS
A prior section 1157, act June 27, 1952, ch. 477, title II,
ch. 1, § 207, 66 Stat. 181, prohibited issuance of immigrant visas to other immigrants in lieu of immigrants
excluded from admission, immigrants deported, immigrants failing to apply for admission to the United
States, or immigrants found to be nonquota immigrants after having previously been found to be quota
immigrants, prior to repeal by Pub. L. 89–236, § 7, Oct.
3, 1965, 79 Stat. 916.
AMENDMENTS
2005—Subsec. (a)(5). Pub. L. 109–13 struck out par. (5)
which read as follows: ‘‘For any fiscal year, not more
than a total of 1,000 refugees may be admitted under
this subsection or granted asylum under section 1158 of
this title pursuant to a determination under the third
sentence of section 1101(a)(42) of this title (relating to
persecution for resistance to coercive population control methods).’’
2002—Subsec. (c)(2). Pub. L. 107–208 designated existing provisions as subpar. (A) and added subpar. (B).
1998—Subsec. (f). Pub. L. 105–292 added subsec. (f).
1996—Subsec. (a)(5). Pub. L. 104–208 added par. (5).
1991—Subsec. (c)(3). Pub. L. 102–232 substituted ‘‘subparagraph (A)’’ for ‘‘subparagraphs (A)’’.
1990—Subsec. (a)(4). Pub. L. 101–649, § 104(b), added
par. (4).
Subsec. (c)(3). Pub. L. 101–649, § 603(a)(4), substituted
‘‘(4), (5), and (7)(A)’’ for ‘‘(14), (15), (20), (21), (25), and

Page 103

TITLE 8—ALIENS AND NATIONALITY

(32)’’ and ‘‘(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))’’ for ‘‘(other
than paragraph (27), (29), or (33) and other than so much
of paragraph (23) as relates to trafficking in narcotics)’’.
1988—Subsec. (c)(1). Pub. L. 100–525 substituted
‘‘otherwise’’ for ‘‘otherwide’’.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, title I, § 101(h)(5), May 11, 2005,
119 Stat. 306, provided that: ‘‘The amendments made by
subsection (g) [amending this section and section 1159
of this title] shall take effect on the date of the enactment of this division [May 11, 2005].’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–208 effective Aug. 6, 2002,
and applicable to certain beneficiary aliens, see section
8 of Pub. L. 107–208, set out as a note under section 1151
of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(l) of Pub. L. 102–232 provided that the
amendments made by that section [amending this section, sections 1159, 1161, 1187, 1188, 1254a, 1255a, and 1322
of this title, and provisions set out as notes under sections 1101 and 1255 of this title] are effective as if included in section 603(a) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 104(b) of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L.
101–649, set out as a note under section 1101 of this title.
Amendment by section 603(a)(4) of Pub. L. 101–649 applicable to individuals entering United States on or
after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649,
set out as a note under section 1101 of this title.
EFFECTIVE DATE
Section (with the exception of subsec. (c) which is effective Apr. 1, 1980) effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96–212, set out as an Effective Date
of 1980 Amendment note under section 1101 of this title.
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.
DELEGATION OF FUNCTIONS
For delegation of Congressional reporting functions
of President under subsec. (d) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073,
set out as a note under section 301 of Title 3, The President.
IRAQ REFUGEE CRISIS
Pub. L. 110–181, div. A, title XII, subtitle C, Jan. 28,
2008, 122 Stat. 395, as amended by Pub. L. 110–242, § 1,
June 3, 2008, 122 Stat. 1567; Pub. L. 111–84, div. A, title
VIII, § 813(d), Oct. 28, 2009, 123 Stat. 2407; Pub. L. 111–118,
div. A, title VIII, § 8120(a), Dec. 19, 2009, 123 Stat. 3457;
Pub. L. 111–383, div. A, title X, § 1075(f)(9), (10), Jan. 7,
2011, 124 Stat. 4376, provided that:
‘‘SEC. 1241. SHORT TITLE.
‘‘This subtitle may be cited as the ‘Refugee Crisis in
Iraq Act of 2007’.
‘‘SEC. 1242. PROCESSING MECHANISMS.
‘‘(a) IN GENERAL.—The Secretary of State, in consultation with the Secretary of Homeland Security,
shall establish or use existing refugee processing mech-

§ 1157

anisms in Iraq and in countries, where appropriate, in
the region in which—
‘‘(1) aliens described in section 1243 may apply and
interview for admission to the United States as refugees; and
‘‘(2) aliens described in section 1244(b) may apply
and interview for admission to United States as special immigrants.
‘‘(b) SUSPENSION.—If such is determined necessary,
the Secretary of State, in consultation with the Secretary of Homeland Security, may suspend in-country
processing under subsection (a) for a period not to exceed 90 days. Such suspension may be extended by the
Secretary of State upon notification to the Committee
on the Judiciary of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the
Senate, and the Committee on Foreign Relations of the
Senate. The Secretary of State shall submit to such
committees a report outlining the basis of any such
suspension and any extensions thereof.
‘‘(c) REPORT.—Not later than 90 days after the date of
the enactment of this Act [Jan. 28, 2008], the Secretary
of State, in consultation with the Secretary of Homeland Security, shall submit to the committees specified
in subsection (b) a report that—
‘‘(1) describes the Secretary of State’s plans to establish the processing mechanisms required under
subsection (a);
‘‘(2) contains an assessment of in-country processing that makes use of videoconferencing; and
‘‘(3) describes the Secretary of State’s diplomatic
efforts to improve issuance of exit permits to Iraqis
who have been provided special immigrant status
under section 1244 and Iraqi refugees under section
1243.
‘‘SEC. 1243. UNITED STATES REFUGEE PROGRAM
PROCESSING PRIORITIES.
‘‘(a) IN GENERAL.—Refugees of special humanitarian
concern eligible for Priority 2 processing under the refugee resettlement priority system who may apply directly to the United States Admission Program shall
include—
‘‘(1) Iraqis who were or are employed by the United
States Government, in Iraq;
‘‘(2) Iraqis who establish to the satisfaction of the
Secretary of State that they are or were employed in
Iraq by—
‘‘(A) a media or nongovernmental organization
headquartered in the United States; or
‘‘(B) an organization or entity closely associated
with the United States mission in Iraq that has received United States Government funding through
an official and documented contract, award, grant,
or cooperative agreement; and
‘‘(3) spouses, children, and parents whether or not
accompanying or following to join, and sons, daughters, and siblings of aliens described in paragraph (1),
paragraph (2), or section 1244(b)(1); and
‘‘(4) Iraqis who are members of a religious or minority community, have been identified by the Secretary
of State, or the designee of the Secretary, as a persecuted group, and have close family members (as described in section 201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)
and 1153(a))) in the United States.
‘‘(b) IDENTIFICATION OF OTHER PERSECUTED GROUPS.—
The Secretary of State, or the designee of the Secretary, is authorized to identify other Priority 2 groups
of Iraqis, including vulnerable populations.
‘‘(c) INELIGIBLE ORGANIZATIONS AND ENTITIES.—Organizations and entities described in subsection (a)(2)
shall not include any that appear on the Department of
the Treasury’s list of Specially Designated Nationals or
any entity specifically excluded by the Secretary of
Homeland Security, after consultation with the Secretary of State and the heads of relevant elements of
the intelligence community (as defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4))).

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TITLE 8—ALIENS AND NATIONALITY

‘‘(d) APPLICABILITY OF OTHER REQUIREMENTS.—Aliens
under this section who qualify for Priority 2 processing
under the refugee resettlement priority system shall
satisfy the requirements of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for admission
to the United States.
‘‘(e) NUMERICAL LIMITATIONS.—In determining the
number of Iraqi refugees who should be resettled in the
United States under paragraphs (2), (3), and (4) of subsection (a) and subsection (b) of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), the
President shall consult with the heads of nongovernmental organizations that have a presence in Iraq or
experience in assessing the problems faced by Iraqi refugees.
‘‘(f) ELIGIBILITY FOR ADMISSION AS REFUGEE.—No
alien shall be denied the opportunity to apply for admission under this section solely because such alien
qualifies as an immediate relative or is eligible for any
other immigrant classification.
‘‘SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
‘‘(a) IN GENERAL.—Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any
other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security,
may provide an alien described in subsection (b) with
the status of a special immigrant under section
101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)), if the alien—
‘‘(1) or an agent acting on behalf of the alien, submits a petition for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
‘‘(2) is otherwise eligible to receive an immigrant
visa;
‘‘(3) is otherwise admissible to the United States for
permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4))); and
‘‘(4) cleared a background check and appropriate
screening, as determined by the Secretary of Homeland Security.
‘‘(b) ALIENS DESCRIBED.—
‘‘(1) PRINCIPAL ALIENS.—An alien is described in this
subsection if the alien—
‘‘(A) is a citizen or national of Iraq;
‘‘(B) was or is employed by or on behalf of the
United States Government in Iraq, on or after
March 20, 2003, for not less than one year;
‘‘(C) provided faithful and valuable service to the
United States Government, which is documented in
a positive recommendation or evaluation, subject
to paragraph (4), from the employee’s senior supervisor or the person currently occupying that position, or a more senior person, if the employee’s senior supervisor has left the employer or has left Iraq;
and
‘‘(D) has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s
employment by the United States Government.
‘‘(2) SPOUSES AND CHILDREN.—An alien is described
in this subsection if the alien—
‘‘(A) is the spouse or child of a principal alien described in paragraph (1); and
‘‘(B) is accompanying or following to join the
principal alien in the United States.
‘‘(3) TREATMENT OF SURVIVING SPOUSE OR CHILD.—An
alien is described in subsection (b) if the alien—
‘‘(A) was the spouse or child of a principal alien
described in paragraph (1) who had a petition for
classification approved pursuant to this section or
section 1059 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109–163; 8
U.S.C. 1101 note), which included the alien as an accompanying spouse or child; and
‘‘(B) due to the death of the principal alien—
‘‘(i) such petition was revoked or terminated (or
otherwise rendered null); and
‘‘(ii) such petition would have been approved if
the principal alien had survived.

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‘‘(4) APPROVAL BY CHIEF OF MISSION REQUIRED.—A
recommendation or evaluation required under paragraph (1)(C) shall be accompanied by approval from
the Chief of Mission, or the designee of the Chief of
Mission, who shall conduct a risk assessment of the
alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and
faithful and valuable service to the United States
Government prior to approval of a petition under this
section.
‘‘(c) NUMERICAL LIMITATIONS.—
‘‘(1) IN GENERAL.—The total number of principal
aliens who may be provided special immigrant status
under this section may not exceed 5,000 per year for
fiscal years 2008 through 2012.
‘‘(2) EXCLUSION FROM NUMERICAL LIMITATIONS.—
Aliens provided special immigrant status under this
section shall not be counted against any numerical
limitation under sections 201(d), 202(a), or 203(b)(4) of
the Immigration and Nationality Act (8 U.S.C.
1151(d), 1152(a), and 1153(b)(4)).
‘‘(3) CARRY FORWARD.—
‘‘(A) FISCAL YEARS 2008 THROUGH 2011.—If the numerical limitation specified in paragraph (1) is not
reached during a given fiscal year referred to in
such paragraph (with respect to fiscal years 2008
through 2011), the numerical limitation specified in
such paragraph for the following fiscal year shall be
increased by a number equal to the difference between—
‘‘(i) the numerical limitation specified in paragraph (1) for the given fiscal year; and
‘‘(ii) the number of principal aliens provided
special immigrant status under this section during the given fiscal year.
‘‘(B) FISCAL YEARS 2012 AND 2013.—If the numerical
limitation specified in paragraph (1) is not reached
in fiscal year 2012, the total number of principal
aliens who may be provided special immigrant
status under this section for fiscal year 2013 shall
be equal to the difference between—
‘‘(i) the numerical limitation specified in paragraph (1) for fiscal year 2012; and
‘‘(ii) the number of principal aliens provided
such status under this section during fiscal year
2012.
‘‘(d) VISA AND PASSPORT ISSUANCE AND FEES.—Neither
the Secretary of State nor the Secretary of Homeland
Security may charge an alien described in subsection
(b) any fee in connection with an application for, or issuance of, a special immigrant visa. The Secretary of
State shall make a reasonable effort to ensure that
aliens described in this section who are issued special
immigrant visas are provided with the appropriate series Iraqi passport necessary to enter the United
States.
‘‘(e) PROTECTION OF ALIENS.—The Secretary of State,
in consultation with the heads of other relevant Federal agencies, shall make a reasonable effort to provide
an alien described in this section who is applying for a
special immigrant visa with protection or the immediate removal from Iraq, if possible, of such alien if the
Secretary determines after consultation that such
alien is in imminent danger.
‘‘(f) ELIGIBILITY FOR ADMISSION UNDER OTHER CLASSIFICATION.—No alien shall be denied the opportunity to
apply for admission under this section solely because
such alien qualifies as an immediate relative or is eligible for any other immigrant classification.
‘‘(g) RESETTLEMENT SUPPORT.—Iraqi aliens granted
special immigrant status described in section 101(a)(27)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)) shall be eligible for resettlement assistance,
entitlement programs, and other benefits available to
refugees admitted under section 207 of such Act (8
U.S.C. 1157) to the same extent, and for the same periods of time, as such refugees.
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this section
may be construed to affect the authority of the Sec-

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TITLE 8—ALIENS AND NATIONALITY

retary of Homeland Security under section 1059 of the
National Defense Authorization Act for Fiscal Year
2006 [Pub. L. 109–163, 8 U.S.C. 1101 note].
‘‘SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS.
‘‘(a) DESIGNATION IN IRAQ.—The Secretary of State
shall designate in the embassy of the United States in
Baghdad, Iraq, a Senior Coordinator for Iraqi Refugees
and Internally Displaced Persons (referred to in this
section as the ‘Senior Coordinator’).
‘‘(b) RESPONSIBILITIES.—The Senior Coordinator shall
be responsible for the oversight of processing for the resettlement in the United States of refugees of special
humanitarian concern, special immigrant visa programs in Iraq, and the development and implementation of other appropriate policies and programs concerning Iraqi refugees and internally displaced persons.
The Senior Coordinator shall have the authority to
refer persons to the United States refugee resettlement
program.
‘‘(c) DESIGNATION OF ADDITIONAL SENIOR COORDINATORS.—The Secretary of State shall designate in the
embassies of the United States in Cairo, Egypt,
Amman, Jordan, Damascus, Syria, and Beirut, Lebanon, a Senior Coordinator to oversee resettlement in
the United States of refugees of special humanitarian
concern in those countries to ensure their applications
to the United States refugee resettlement program are
processed in an orderly manner and without delay.
‘‘SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI REFUGEES.
‘‘With respect to each country with a significant population of Iraqi refugees, including Iraq, Jordan, Egypt,
Syria, Turkey, and Lebanon, the Secretary of State
shall—
‘‘(1) as appropriate, consult with the appropriate
government officials of such countries and other
countries and the United Nations High Commissioner
for Refugees regarding resettlement of the most vulnerable members of such refugee populations; and
‘‘(2) as appropriate, except where otherwise prohibited by the laws of the United States, develop mechanisms in and provide assistance to countries with a
significant population of Iraqi refugees to ensure the
well-being and safety of such populations in their
host environments.
‘‘SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM.
‘‘An alien who applied for asylum or withholding of
removal and whose claim was denied on or after March
1, 2003, by an asylum officer or an immigration judge
solely, or in part, on the basis of changed country conditions may, notwithstanding any other provision of
law, file a motion to reopen such claim in accordance
with subparagraphs (A) and (B) of section 240(c)(7) of
the Immigration and Nationality Act (8 U.S.C.
1229a(c)(7)) not later than six months after the date of
the enactment of the Refugee Crisis in Iraq Act [of 2007]
[Jan. 28, 2008] if the alien—
‘‘(1) is a citizen or national of Iraq; and
‘‘(2) has remained in the United States since the
date of such denial.
‘‘SEC. 1248. REPORTS.
‘‘(a) SECRETARY OF HOMELAND SECURITY.—Not later
than 120 days after the date of the enactment of this
Act [Jan. 28, 2008], the Secretary of Homeland Security
shall submit to the Committee on the Judiciary of the
House of Representatives, the Committee on Foreign
Affairs of the House of Representatives, the Committee
on the Judiciary of the Senate, and the Committee on
Foreign Relations of the Senate a report containing
plans to expedite the processing of Iraqi refugees for resettlement, including information relating to—
‘‘(1) expediting the processing of Iraqi refugees for
resettlement, including through temporary expansion
of the Refugee Corps of United States Citizenship and
Immigration Services;

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‘‘(2) increasing the number of personnel of the Department of Homeland Security devoted to refugee
processing in Iraq, Jordan, Egypt, Syria, Turkey, and
Lebanon;
‘‘(3) enhancing existing systems for conducting
background and security checks of persons applying
for special immigrant status and of persons considered Priority 2 refugees of special humanitarian concern under the refugee resettlement priority system,
which enhancements shall support immigration security and provide for the orderly processing of such applications without delay; and
‘‘(4) the projections of the Secretary, per country
and per month, for the number of refugee interviews
that will be conducted in fiscal year 2008 and fiscal
year 2009.
‘‘(b) PRESIDENT.—Not later than 120 days after the
date of the enactment of this Act [Jan. 28, 2008], and annually thereafter through 2013, the President shall submit to Congress an unclassified report, with a classified
annex if necessary, which includes—
‘‘(1) an assessment of the financial, security, and
personnel considerations and resources necessary to
carry out the provisions of this subtitle;
‘‘(2) the number of aliens described in section
1243(a)(1);
‘‘(3) the number of such aliens who have applied for
special immigrant visas;
‘‘(4) the date of such applications; and
‘‘(5) in the case of applications pending for longer
than six months, the reasons that such visas have not
been expeditiously processed.
‘‘(c) REPORT ON IRAQI CITIZENS AND NATIONALS EMPLOYED BY THE UNITED STATES GOVERNMENT OR FEDERAL CONTRACTORS IN IRAQ.—
‘‘(1) IN GENERAL.—Not later than 120 days after the
date of the enactment of this Act [Jan. 28, 2008], the
Secretary of Defense, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Treasury,
and the Secretary of Homeland Security shall—
‘‘(A) review internal records and databases of
their respective agencies for information that can
be used to verify employment of Iraqi nationals by
the United States Government; and
‘‘(B) request from each prime contractor or grantee that has performed work in Iraq since March 20,
2003, under a contract, grant, or cooperative agreement with their respective agencies that is valued
in excess of $100,000 information that can be used to
verify the employment of Iraqi nationals by such
contractor or grantee.
‘‘(2) INFORMATION REQUIRED.—To the extent data is
available, the information referred to in paragraph
(1) shall include the name and dates of employment
of, biometric data for, and other data that can be
used to verify the employment of each Iraqi citizen or
national who has performed work in Iraq since March
20, 2003, under a contract, grant, or cooperative agreement with an executive agency.
‘‘(3) EXECUTIVE AGENCY DEFINED.—In this subsection, the term ‘executive agency’ has the meaning
given the term in section 4(1) of the Office of Federal
Procurement Policy Act ([former] 41 U.S.C. 403(1))
[now 41 U.S.C. 133].
‘‘(d) REPORT ON ESTABLISHMENT OF DATABASE.—Not
later than 120 days after the date of the enactment of
this Act [Jan. 28, 2008], the Secretary of Defense, in
consultation with the Secretary of State, the Administrator of the United States Agency for International
Development, the Secretary of the Treasury, and the
Secretary of Homeland Security, shall submit to Congress a report examining the options for establishing a
unified, classified database of information related to
contracts, grants, or cooperative agreements entered
into by executive agencies for the performance of work
in Iraq since March 20, 2003, including the information
described and collected under subsection (c), to be used
by relevant Federal departments and agencies to adjudicate refugee, asylum, special immigrant visa, and
other immigration claims and applications.

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TITLE 8—ALIENS AND NATIONALITY

‘‘(e) NONCOMPLIANCE REPORT.—Not later than 180 days
after the date of the enactment of this Act [Jan. 28,
2008], the President shall submit a report to Congress
that describes—
‘‘(1) the inability or unwillingness of any contractor or grantee to provide the information requested
under subsection (c)(1)(B); and
‘‘(2) the reasons for failing to provide such information.
‘‘SEC. 1249. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out this subtitle.’’
[Pub. L. 110–242, § 1(1), which directed amendment of
section 1244(c)(1) of Pub. L. 110–181, set out above, by
substituting ‘‘fiscal years 2008 through 2012’’ for ‘‘each
of the five years beginning after the date of the enactment of this Act’’, was executed by making the substitution for ‘‘each of the five fiscal years beginning after
the date of the enactment of this Act’’ to reflect the
probable intent of Congress.]
BRING THEM HOME ALIVE PROGRAM
Pub. L. 106–484, Nov. 9, 2000, 114 Stat. 2195, as amended
by Pub. L. 107–258, § 2, Oct. 29, 2002, 116 Stat. 1738, provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Bring Them Home
Alive Act of 2000’.
‘‘SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM.
‘‘(a) ASYLUM FOR ELIGIBLE ALIENS.—Notwithstanding
any other provision of law, the Attorney General shall
grant refugee status in the United States to any alien
described in subsection (b), upon the application of that
alien.
‘‘(b) ELIGIBILITY.—Refugee status shall be granted
under subsection (a) to—
‘‘(1) any alien who—
‘‘(A) is a national of Vietnam, Cambodia, Laos,
China, or any of the independent states of the
former Soviet Union; and
‘‘(B) personally delivers into the custody of the
United States Government a living American Vietnam War POW/MIA; and
‘‘(2) any parent, spouse, or child of an alien described in paragraph (1).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) AMERICAN VIETNAM WAR POW/MIA.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘American Vietnam War POW/
MIA’ means an individual—
‘‘(i) who is a member of a uniformed service
(within the meaning of section 101(3) of title 37,
United States Code) in a missing status (as defined in section 551(2) of such title and this subsection) as a result of the Vietnam War; or
‘‘(ii) who is an employee (as defined in section
5561(2) of title 5, United States Code) in a missing
status (as defined in section 5561(5) of such title)
as a result of the Vietnam War.
‘‘(B) EXCLUSION.—Such term does not include an
individual with respect to whom it is officially determined under section 552(c) of title 37, United
States Code, that such individual is officially absent from such individual’s post of duty without authority.
‘‘(2) MISSING STATUS.—The term ‘missing status’,
with respect to the Vietnam War, means the status of
an individual as a result of the Vietnam War if immediately before that status began the individual—
‘‘(A) was performing service in Vietnam; or
‘‘(B) was performing service in Southeast Asia in
direct support of military operations in Vietnam.
‘‘(3) VIETNAM WAR.—The term ‘Vietnam War’ means
the conflict in Southeast Asia during the period that
began on February 28, 1961, and ended on May 7, 1975.
‘‘SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM.
‘‘(a) ASYLUM FOR ELIGIBLE ALIENS.—Notwithstanding
any other provision of law, the Attorney General shall

Page 106

grant refugee status in the United States to any alien
described in subsection (b), upon the application of that
alien.
‘‘(b) ELIGIBILITY.—Refugee status shall be granted
under subsection (a) to—
‘‘(1) any alien—
‘‘(A) who is a national of North Korea, China, or
any of the independent states of the former Soviet
Union; and
‘‘(B) who personally delivers into the custody of
the United States Government a living American
Korean War POW/MIA; and
‘‘(2) any parent, spouse, or child of an alien described in paragraph (1).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) AMERICAN KOREAN WAR POW/MIA.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘American Korean War POW/
MIA’ means an individual—
‘‘(i) who is a member of a uniformed service
(within the meaning of section 101(3) of title 37,
United States Code) in a missing status (as defined in section 551(2) of such title and this subsection) as a result of the Korean War; or
‘‘(ii) who is an employee (as defined in section
5561(2) of title 5, United States Code) in a missing
status (as defined in section 5561(5) of such title)
as a result of the Korean War.
‘‘(B) EXCLUSION.—Such term does not include an
individual with respect to whom it is officially determined under section 552(c) of title 37, United
States Code, that such individual is officially absent from such individual’s post of duty without authority.
‘‘(2) KOREAN WAR.—The term ‘Korean War’ means
the conflict on the Korean peninsula during the period that began on June 27, 1950, and ended January
31, 1955.
‘‘(3) MISSING STATUS.—The term ‘missing status’,
with respect to the Korean War, means the status of
an individual as a result of the Korean War if immediately before that status began the individual—
‘‘(A) was performing service in the Korean peninsula; or
‘‘(B) was performing service in Asia in direct support of military operations in the Korean peninsula.
‘‘SEC. 3A. AMERICAN PERSIAN GULF WAR POW/MIA
ASYLUM PROGRAM.
‘‘(a) ASYLUM FOR ELIGIBLE ALIENS.—Notwithstanding
any other provision of law, the Attorney General shall
grant refugee status in the United States to any alien
described in subsection (b), upon the application of that
alien.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—Except as provided in paragraph
(2), an alien described in this subsection is—
‘‘(A) any alien who—
‘‘(i) is a national of Iraq or a nation of the
Greater Middle East Region (as determined by the
Attorney General in consultation with the Secretary of State); and
‘‘(ii) personally delivers into the custody of the
United States Government a living American Persian Gulf War POW/MIA; and
‘‘(B) any parent, spouse, or child of an alien described in subparagraph (A).
‘‘(2) EXCEPTIONS.—An alien described in this subsection does not include a terrorist, a persecutor, a
person who has been convicted of a serious criminal
offense, or a person who presents a danger to the security of the United States, as set forth in clauses (i)
through (v) of section 208(b)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(2)(A)).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) AMERICAN PERSIAN GULF WAR POW/MIA.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘American Persian Gulf War
POW/MIA’ means an individual—

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TITLE 8—ALIENS AND NATIONALITY

‘‘(i) who is a member of a uniformed service
(within the meaning of section 101(3) of title 37,
United States Code) in a missing status (as defined in section 551(2) of such title and this subsection) as a result of the Persian Gulf War, or
any successor conflict, operation, or action; or
‘‘(ii) who is an employee (as defined in section
5561(2) of title 5, United States Code) in a missing
status (as defined in section 5561(5) of such title)
as a result of the Persian Gulf War, or any successor conflict, operation, or action.
‘‘(B) EXCLUSION.—Such term does not include an
individual with respect to whom it is officially determined under section 552(c) of title 37, United
States Code, that such individual is officially absent from such individual’s post of duty without authority.
‘‘(2) MISSING STATUS.—The term ‘missing status’,
with respect to the Persian Gulf War, or any successor conflict, operation, or action, means the status of
an individual as a result of the Persian Gulf War, or
such conflict, operation, or action, if immediately before that status began the individual—
‘‘(A) was performing service in Kuwait, Iraq, or
another nation of the Greater Middle East Region;
or
‘‘(B) was performing service in the Greater Middle
East Region in direct support of military operations in Kuwait or Iraq.
‘‘(3) PERSIAN GULF WAR.—The term ‘Persian Gulf
War’ means the period beginning on August 2, 1990,
and ending on the date thereafter prescribed by Presidential proclamation or by law.’’
‘‘SEC. 4. BROADCASTING INFORMATION ON THE
‘BRING THEM HOME ALIVE’ PROGRAM.
‘‘(a) REQUIREMENT.—
‘‘(1) IN GENERAL.—The International Broadcasting
Bureau shall broadcast, through WORLDNET Television and Film Service and Radio, VOA–TV, VOA
Radio, or otherwise, information that promotes the
‘Bring Them Home Alive’ refugee program under this
Act to foreign countries covered by paragraph (2).
‘‘(2) COVERED COUNTRIES.—The foreign countries
covered by paragraph (1) are—
‘‘(A) Vietnam, Cambodia, Laos, China, and North
Korea;
‘‘(B) Russia and the other independent states of
the former Soviet Union; and
‘‘(C) Iraq, Kuwait, or any other country of the
Greater Middle East Region (as determined by the
International Broadcasting Bureau in consultation
with the Attorney General and the Secretary of
State).
‘‘(b) LEVEL OF PROGRAMMING.—The International
Broadcasting Bureau shall broadcast—
‘‘(1) at least 20 hours of the programming described
in subsection (a)(1) during the 30-day period that begins 15 days after the date of enactment of this Act
[Nov. 9, 2000]; and
‘‘(2) at least 10 hours of the programming described
in subsection (a)(1) in each calendar quarter during
the period beginning with the first calendar quarter
that begins after the date of enactment of this Act
and ending five years after the date of enactment of
this Act.
‘‘(c) AVAILABILITY OF INFORMATION ON THE INTERNET.—
The International Broadcasting Bureau shall ensure
that information regarding the ‘Bring Them Home
Alive’ refugee program under this Act is readily available on the World Wide Web sites of the Bureau.
‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress
that RFE/RL, Incorporated, Radio Free Asia, and any
other recipient of Federal grants that engages in international broadcasting to the countries covered by subsection (a)(2) should broadcast information similar to
the information required to be broadcast by subsection
(a)(1).
‘‘(e) DEFINITION.—The term ‘International Broadcasting Bureau’ means the International Broadcasting Bu-

§ 1157

reau of the United States Information Agency or, on
and after the effective date of title XIII of the Foreign
Affairs Reform and Restructuring Act of 1998 (as contained in division G of Public Law 105–277) [see Effective Date note set out under section 6531 of Title 22,
Foreign Relations and Intercourse], the International
Broadcasting Bureau of the Broadcasting Board of Governors.
‘‘SEC. 5. INDEPENDENT STATES OF THE FORMER
SOVIET UNION DEFINED.
‘‘In this Act, the term ‘independent states of the
former Soviet Union’ has the meaning given the term
in section 3 of the FREEDOM Support Act (22 U.S.C.
5801).’’
GENDER-RELATED PERSECUTION TASK FORCE
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II,
§ 254], Nov. 29, 1999, 113 Stat. 1536, 1501A–432, provided
that:
‘‘(a) ESTABLISHMENT OF TASK FORCE.—The Secretary
of State, in consultation with the Attorney General
and other appropriate Federal agencies, shall establish
a task force with the goal of determining eligibility
guidelines for women seeking refugee status overseas
due to gender-related persecution.
‘‘(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Nov. 29, 1999], the Secretary
of State shall prepare and submit to the Congress a report outlining the guidelines determined by the task
force under subsection (a).’’
ESTABLISHING CATEGORIES OF ALIENS FOR PURPOSES
OF REFUGEE DETERMINATIONS
Pub. L. 101–167, title V, § 599D, Nov. 21, 1989, 103 Stat.
1261, as amended by Pub. L. 101–513, title V, § 598(a),
Nov. 5, 1990, 104 Stat. 2063; Pub. L. 102–391, title V,
§ 582(a)(1), (b)(1), (c), Oct. 6, 1992, 106 Stat. 1686; Pub. L.
102–511, title IX, § 905(a), (b)(1), (c), Oct. 24, 1992, 106
Stat. 3356; Pub. L. 103–236, title V, § 512(1), Apr. 30, 1994,
108 Stat. 466; Pub. L. 104–208, div. A, title I, § 101(c) [title
V, § 575(1)], Sept. 30, 1996, 110 Stat. 3009–121, 3009–168;
Pub. L. 104–319, title I, § 101(1), Oct. 19, 1996, 110 Stat.
3865; Pub. L. 105–118, title V, § 574(1), Nov. 26, 1997, 111
Stat. 2432; Pub. L. 105–277, div. A, § 101(f) [title VII,
§ 705(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–389; Pub. L.
106–113, div. B, § 1000(a)(4) [title II, § 214(1)], Nov. 29, 1999,
113 Stat. 1535, 1501A–240; Pub. L. 106–554, § 1(a)(1) [title
II, § 212(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–27; Pub. L.
107–116, title II, § 213(1), Jan. 10, 2002, 115 Stat. 2200; Pub.
L. 108–7, div. G, title II, § 213(1), Feb. 20, 2003, 117 Stat.
324; Pub. L. 108–199, div. E, title II, § 213(1), Jan. 23, 2004,
118 Stat. 253; Pub. L. 108–447, div. F, title II, § 213(1),
Dec. 8, 2004, 118 Stat. 3139; Pub. L. 109–102, title V,
§ 534(m)(1), Nov. 14, 2005, 119 Stat. 2211; Pub. L. 109–289,
div. B, title II, § 20412(b)(1), as added by Pub. L. 110–5,
§ 2, Feb. 15, 2007, 121 Stat. 25; Pub. L. 110–161, div. J, title
VI, § 634(k)(1), Dec. 26, 2007, 121 Stat. 2329; Pub. L. 111–8,
div. H, title VII, § 7034(g)(1), Mar. 11, 2009, 123 Stat. 878;
Pub. L. 111–117, div. F, title VII, § 7034(f)(1), Dec. 16, 2009,
123 Stat. 3361; Pub. L. 112–10, div. B, title XI,
§ 2121(m)(1), Apr. 15, 2011, 125 Stat. 186; Pub. L. 112–74,
div. I, title VII, § 7034(r)(1), Dec. 23, 2011, 125 Stat. 1218,
provided that:
‘‘(a) IN GENERAL.—In the case of an alien who is within a category of aliens established under subsection (b),
the alien may establish, for purposes of admission as a
refugee under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157], that the alien has a wellfounded fear of persecution on account of race, religion,
nationality, membership in a particular social group,
or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of
such persecution.
‘‘(b) ESTABLISHMENT OF CATEGORIES.—
‘‘(1) For purposes of subsection (a), the Attorney
General, in consultation with the Secretary of State
and the Coordinator for Refugee Affairs, shall establish—
‘‘(A) one or more categories of aliens who are or
were nationals and residents of an independent

§ 1157

TITLE 8—ALIENS AND NATIONALITY

state of the former Soviet Union or of Estonia, Latvia, or Lithuania and who share common characteristics that identify them as targets of persecution
in that state on account of race, religion, nationality, membership in a particular social group, or political opinion,[;]
‘‘(B) one or more categories of aliens who are or
were nationals and residents of Vietnam, Laos, or
Cambodia and who share common characteristics
that identify them as targets of persecution in such
respective foreign state on such an account; and
‘‘(C) one or more categories of aliens who are or
were nationals and residents of the Islamic Republic or Iran who, as members of a religious minority
in Iran, share common characteristics that identify
them as targets of persecution in that state on account of race, religion, nationality, membership in
a particular social group, or political opinion.
‘‘(2)(A) Aliens who are (or were) nationals and residents of an independent state of the former Soviet
Union or of Estonia, Latvia, or Lithuania and who
are Jews or Evangelical Christians shall be deemed a
category of alien established under paragraph (1)(A).
‘‘(B) Aliens who are (or were) nationals of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania and who are current members of, and demonstrate public, active, and continuous participation (or attempted participation) in the
religious activities of, the Ukrainian Catholic Church
or the Ukrainian Orthodox Church, shall be deemed a
category of alien established under paragraph (1)(A).
‘‘(C) Aliens who are (or were) nationals and residents of Vietnam, Laos, or Cambodia and who are
members of categories of individuals determined, by
the Attorney General in accordance with ‘Immigration and Naturalization Service Worldwide Guidelines for Overseas Refugee Processing’ (issued by the
Immigration and Naturalization Service in August
1983) shall be deemed a category of alien established
under paragraph (1)(B).
‘‘(3) Within the number of admissions of refugees allocated for for [sic] each of fiscal years 1990, 1991, and
1992 for refugees who are nationals of the Soviet
Union under section 207(a)(3) of the Immigration and
Nationality Act [8 U.S.C. 1157(a)(3)] and within the
number of such admissions allocated for each of fiscal
years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001,
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, and
2012 for refugees who are nationals of the independent
states of the former Soviet Union, Estonia, Latvia,
and Lithuania under such section, notwithstanding
any other provision of law, the President shall allocate one thousand of such admissions for such fiscal
year to refugees who are within the category of aliens
described in paragraph (2)(B).
‘‘(c) WRITTEN REASONS FOR DENIALS OF REFUGEE
STATUS.—Each decision to deny an application for refugee status of an alien who is within a category established under this section shall be in writing and shall
state, to the maximum extent feasible, the reason for
the denial.
‘‘(d) PERMITTING CERTAIN ALIENS WITHIN CATEGORIES
TO REAPPLY FOR REFUGEE STATUS.—Each alien who is
within a category established under this section and
who (after August 14, 1988, and before the date of the
enactment of this Act [Nov. 21, 1989]) was denied refugee status shall be permitted to reapply for such
status. Such an application shall be determined taking
into account the application of this section.
‘‘(e) PERIOD OF APPLICATION.—
‘‘(1) Subsections (a) and (b) shall take effect on the
date of the enactment of this Act [Nov. 21, 1989] and
shall only apply to applications for refugee status
submitted before October 1, 2012.
‘‘(2) Subsection (c) shall apply to decisions made
after the date of the enactment of this Act and before
October 1, 2012.
‘‘(3) Subsection (d) shall take effect on the date of
the enactment of this Act and shall only apply to reapplications for refugee status submitted before October 1, 2012.’’

Page 108

[Pub. L. 109–102, § 534(m)(1)(A), which directed amendment of section 599D(b)(3) of Pub. L. 101–167, set out
above, by substituting ‘‘2005, and 2006’’ for ‘‘and 2005’’,
could not be executed.]
[Pub. L. 108–447, § 213(1)(A), which directed amendment of section 599D(b)(3) of Pub. L. 101–167, set out
above, by substituting ‘‘1997, 1998, 1999, 2000, 2001, 2002,
2003, 2004, 2005, and 2006’’ for ‘‘1997, 1998, 1999, 2000, 2001,
2002, 2003, 2004, and 2005’’, was executed by making the
substitution for ‘‘1997, 1998, 1999, 2000, 2001, 2002, 2003,
and 2004’’ to reflect the probable intent of Congress.]
[Pub. L. 108–199, § 213(1)(A), which directed amendment of section 599D(b)(3) of Pub. L. 101–167, set out
above, by substituting ‘‘1997, 1998, 1999, 2000, 2001, 2002,
2003, and 2004’’ for ‘‘1997, 1998, 1999, 2000, 2001, 2002, and
2003’’, was executed by making the substitution for
‘‘1997, 1998, 1999, 2000, 2001, 2002 and 2003’’ to reflect the
probable intent of Congress.]
[Pub. L. 108–7, § 213(1)(A), which directed amendment
of section 599D(b)(3) of Pub. L. 101–167, set out above, by
substituting ‘‘1997, 1998, 1999, 2000, 2001, 2002 and 2003’’
for ‘‘1997, 1998, 1999, 2000, and 2001’’, was executed by
making the substitution for ‘‘1997, 1998, 1999, 2000, 2001,
and 2002’’ to reflect the probable intent of Congress.]
[Except as otherwise provided, Secretary of State to
have and exercise any authority vested by law in any
official or office of Department of State and references
to such officials or offices deemed to refer to Secretary
of State or Department of State, as appropriate, see
section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103–236, set out as
a note under section 2651a of Title 22.]
EL SALVADORAN REFUGEES
Pub. L. 97–113, title VII, § 731, Dec. 29, 1981, 95 Stat.
1557, provided that: ‘‘It is the sense of the Congress that
the administration should continue to review, on a
case-by-case basis, petitions for extended voluntary departure made by citizens of El Salvador who claim that
they are subject to persecution in their homeland, and
should take full account of the civil strife in El Salvador in making decisions on such petitions.’’
TIME FOR DETERMINATIONS BY PRESIDENT FOR FISCAL
YEAR 1980
Section 204(d)(1) of Pub. L. 96–212 provided that: ‘‘Notwithstanding section 207(a) of the Immigration and Nationality Act (as added by section 201(b) of this title
[subsec. (a) of this section], the President may make
the determination described in the first sentence of
such section not later than forty-five days after the
date of the enactment of this Act [Mar. 17, 1980] for fiscal year 1980.’’
PRESIDENTIAL DETERMINATION CONCERNING ADMISSION
AND ADJUSTMENT OF STATUS OF REFUGEES
Determinations by the President pursuant to this
section concerning the admission and adjustment of
status of refugees for particular fiscal years were contained in the following Presidential Determinations:
Presidential Determination No. 2011–17, Sept. 30, 2011,
76 F.R. 62597.
Presidential Determination No. 2011–02, Oct. 8, 2010, 75
F.R. 75851.
Presidential Determination No. 2009–32, Sept. 30, 2009,
74 F.R. 52385.
Presidential Determination No. 2008–29, Sept. 30, 2008,
73 F.R. 58865.
Presidential Determination No. 2008–1, Oct. 2, 2007, 72
F.R. 58991.
Presidential Determination No. 2007–1, Oct. 11, 2006, 71
F.R. 64435.
Presidential Determination No. 2006–3, Oct. 24, 2005, 70
F.R. 65825.
Presidential Determination No. 2004–53, Sept. 30, 2004,
69 F.R. 60943.
Presidential Determination No. 2004–06, Oct. 21, 2003,
68 F.R. 63979.
Presidential Determination No. 03–02, Oct. 16, 2002, 67
F.R. 65469.

Page 109
Presidential
F.R. 63487.
Presidential
65 F.R. 59697.
Presidential
64 F.R. 54505.
Presidential
F.R. 47341.
Presidential
63 F.R. 55001.
Presidential
62 F.R. 53219.
Presidential
61 F.R. 56869.
Presidential
60 F.R. 53091.
Presidential
F.R. 52393.
Presidential
F.R. 52213.
Presidential
F.R. 47253.
Presidential
F.R. 51633.
Presidential
F.R. 41979.
Presidential
F.R. 43035.
Presidential
F.R. 31493.
Presidential
F.R. 45249.
Presidential
F.R. 21405.
Presidential
F.R. 42073.
Presidential
F.R. 39637.
Presidential
F.R. 46483.
Presidential
F.R. 55233.
Presidential
45 F.R. 68365.

TITLE 8—ALIENS AND NATIONALITY
Determination No. 02–04, Nov. 21, 2001, 66

§ 1158

Determination No. 99–45, Sept. 30, 1999,

1–103. Except to the extent inconsistent with this
Order, all actions previously taken pursuant to any
function delegated or assigned by this Order shall be
deemed to have been taken and authorized by this
Order.

Determination No. 99–33, Aug. 12, 1999, 64

§ 1158. Asylum

Determination No. 98–39, Sept. 30, 1998,

(a) Authority to apply for asylum

Determination No. 2000–32, Sept. 29, 2000,

Determination No. 97–37, Sept. 30, 1997,
Determination No. 96–59, Sept. 30, 1996,
Determination No. 95–48, Sept. 29, 1995,
Determination No. 95–1, Oct. 1, 1994, 59
Determination No. 94–1, Oct. 1, 1993, 58
Determination No. 93–1, Oct. 2, 1992, 57
Determination No. 92–2, Oct. 9, 1991, 56

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

Determination No. 91–3, Oct. 12, 1990, 55
Determination No. 90–2, Oct. 6, 1989, 54
Determination No. 89–15, June 19, 1989, 54
Determination No. 89–2, Oct. 5, 1988, 53
Determination No. 88–16, May 20, 1988, 53
Determination No. 88–01, Oct. 5, 1987, 52
Determination No. 87–1, Oct. 17, 1986, 51
Determination No. 83–2, Oct. 11, 1982, 47
Determination No. 82–1, Oct. 10, 1981, 46
Determination No. 80–28, Sept. 30, 1980,

EX. ORD. NO. 12208. CONSULTATIONS ON THE ADMISSION OF
REFUGEES
Ex. Ord. No. 12208, Apr. 15, 1980, 45 F.R. 25789, as
amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617; Ex. Ord. No. 13286, § 49, Feb. 28, 2003, 68 F.R. 10628,
provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Refugee Act of 1980 (P.L. 96–212; 8 U.S.C.
1101 note), the Immigration and Nationality Act, as
amended (8 U.S.C. 1101 et seq.), and Section 301 of Title
3 of the United States Code, it is hereby ordered as follows:
1–101. Exclusive of the functions otherwise delegated,
or reserved to the President, by this Order, there are
hereby delegated to the Secretary of State and the Secretary of Homeland Security, or either of them, the
functions of initiating and carrying out appropriate
consultations with members of the Committees on the
Judiciary of the Senate and of the House of Representatives for purposes of Sections 101(a)(42)(B) and 207(a),
(b), (d), and (e) of the Immigration and Nationality Act,
as amended (8 U.S.C. 1101(a)(42)(B) and 1157(a), (b), (d),
and (e)).
1–102. There are reserved to the President the following functions under the Immigration and Nationality
Act, as amended [8 U.S.C. 1101 et seq.].
(a) To specify special circumstances for purposes of
qualifying
persons
as
refugees
under
Section
101(a)(42)(B) [8 U.S.C. 1101(a)(42)(B)].
(b) To make determinations under Sections 207(a)(1),
207(a)(2), 207(a)(3) and 207(b) [8 U.S.C. 1157(a)(1) to (3)
and (b)].
(c) To fix the number of refugees to be admitted
under Section 207(b).

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

§ 1158

TITLE 8—ALIENS AND NATIONALITY

(3) Limitation on judicial review
No court shall have jurisdiction to review
any determination of the Attorney General
under paragraph (2).
(b) Conditions for granting asylum
(1) In general
(A) Eligibility
The Secretary of Homeland Security or
the Attorney General may grant asylum to
an alien who has applied for asylum in accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under
this section if the Secretary of Homeland
Security or the Attorney General determines that such alien is a refugee within the
meaning of section 1101(a)(42)(A) of this
title.
(B) Burden of proof
(i) In general
The burden of proof is on the applicant
to establish that the applicant is a refugee,
within
the
meaning
of
section
1101(a)(42)(A) of this title. To establish
that the applicant is a refugee within the
meaning of such section, the applicant
must establish that race, religion, nationality, membership in a particular social
group, or political opinion was or will be
at least one central reason for persecuting
the applicant.
(ii) Sustaining burden
The testimony of the applicant may be
sufficient to sustain the applicant’s burden
without corroboration, but only if the applicant satisfies the trier of fact that the
applicant’s testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is
a refugee. In determining whether the applicant has met the applicant’s burden, the
trier of fact may weigh the credible testimony along with other evidence of record.
Where the trier of fact determines that the
applicant should provide evidence that
corroborates otherwise credible testimony,
such evidence must be provided unless the
applicant does not have the evidence and
cannot reasonably obtain the evidence.
(iii) Credibility determination
Considering the totality of the circumstances, and all relevant factors, a trier of
fact may base a credibility determination
on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or
witness’s account, the consistency between
the applicant’s or witness’s written and
oral statements (whenever made and
whether or not under oath, and considering the circumstances under which the
statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of
the Department of State on country conditions), and any inaccuracies or falsehoods

Page 110

in such statements, without regard to
whether an inconsistency, inaccuracy, or
falsehood goes to the heart of the applicant’s claim, or any other relevant factor.
There is no presumption of credibility,
however, if no adverse credibility determination is explicitly made, the applicant
or witness shall have a rebuttable presumption of credibility on appeal.
(2) Exceptions
(A) In general
Paragraph (1) shall not apply to an alien if
the Attorney General determines that—
(i) the alien ordered, incited, assisted, or
otherwise participated in the persecution
of any person on account of race, religion,
nationality, membership in a particular
social group, or political opinion;
(ii) the alien, having been convicted by a
final judgment of a particularly serious
crime, constitutes a danger to the community of the United States;
(iii) there are serious reasons for believing that the alien has committed a serious
nonpolitical crime outside the United
States prior to the arrival of the alien in
the United States;
(iv) there are reasonable grounds for regarding the alien as a danger to the security of the United States;
(v) the alien is described in subclause (I),
(II), (III), (IV), or (VI) of section
1182(a)(3)(B)(i) of this title or section
1227(a)(4)(B) of this title (relating to terrorist activity), unless, in the case only of
an alien described in subclause (IV) of section 1182(a)(3)(B)(i) of this title, the Attorney General determines, in the Attorney
General’s discretion, that there are not
reasonable grounds for regarding the alien
as a danger to the security of the United
States; or
(vi) the alien was firmly resettled in another country prior to arriving in the
United States.
(B) Special rules
(i) Conviction of aggravated felony
For purposes of clause (ii) of subparagraph (A), an alien who has been convicted
of an aggravated felony shall be considered
to have been convicted of a particularly
serious crime.
(ii) Offenses
The Attorney General may designate by
regulation offenses that will be considered
to be a crime described in clause (ii) or
(iii) of subparagraph (A).
(C) Additional limitations
The Attorney General may by regulation
establish additional limitations and conditions, consistent with this section, under
which an alien shall be ineligible for asylum
under paragraph (1).
(D) No judicial review
There shall be no judicial review of a determination of the Attorney General under
subparagraph (A)(v).

Page 111

TITLE 8—ALIENS AND NATIONALITY

(3) Treatment of spouse and children
(A) In general
A spouse or child (as defined in section
1101(b)(1)(A), (B), (C), (D), or (E) of this title)
of an alien who is granted asylum under this
subsection may, if not otherwise eligible for
asylum under this section, be granted the
same status as the alien if accompanying, or
following to join, such alien.
(B) Continued classification of certain aliens
as children
An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was
under 21 years of age on the date on which
such parent applied for asylum under this
section, shall continue to be classified as a
child for purposes of this paragraph and section 1159(b)(3) of this title, if the alien attained 21 years of age after such application
was filed but while it was pending.
(C) Initial jurisdiction
An asylum officer (as defined in section
1225(b)(1)(E) of this title) shall have initial
jurisdiction over any asylum application
filed by an unaccompanied alien child (as defined in section 279(g) of title 6), regardless
of whether filed in accordance with this section or section 1225(b) of this title.
(c) Asylum status
(1) In general
In the case of an alien granted asylum under
subsection (b) of this section, the Attorney
General—
(A) shall not remove or return the alien to
the alien’s country of nationality or, in the
case of a person having no nationality, the
country of the alien’s last habitual residence;
(B) shall authorize the alien to engage in
employment in the United States and provide the alien with appropriate endorsement
of that authorization; and
(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
(2) Termination of asylum
Asylum granted under subsection (b) of this
section does not convey a right to remain permanently in the United States, and may be
terminated if the Attorney General determines that—
(A) the alien no longer meets the conditions described in subsection (b)(1) of this
section owing to a fundamental change in
circumstances;
(B) the alien meets a condition described
in subsection (b)(2) of this section;
(C) the alien may be removed, pursuant to
a bilateral or multilateral agreement, to a
country (other than the country of the
alien’s nationality or, in the case of an alien
having no nationality, the country of the
alien’s last habitual residence) in which the
alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group,

§ 1158

or political opinion, and where the alien is
eligible to receive asylum or equivalent temporary protection;
(D) the alien has voluntarily availed himself or herself of the protection of the alien’s
country of nationality or, in the case of an
alien having no nationality, the alien’s
country of last habitual residence, by returning to such country with permanent
resident status or the reasonable possibility
of obtaining such status with the same
rights and obligations pertaining to other
permanent residents of that country; or
(E) the alien has acquired a new nationality and enjoys the protection of the country
of his or her new nationality.
(3) Removal when asylum is terminated
An alien described in paragraph (2) is subject
to any applicable grounds of inadmissibility or
deportability under section 1 1182(a) and 1227(a)
of this title, and the alien’s removal or return
shall be directed by the Attorney General in
accordance with sections 1229a and 1231 of this
title.
(d) Asylum procedure
(1) Applications
The Attorney General shall establish a procedure for the consideration of asylum applications filed under subsection (a) of this section. The Attorney General may require applicants to submit fingerprints and a photograph
at such time and in such manner to be determined by regulation by the Attorney General.
(2) Employment
An applicant for asylum is not entitled to
employment authorization, but such authorization may be provided under regulation by
the Attorney General. An applicant who is not
otherwise eligible for employment authorization shall not be granted such authorization
prior to 180 days after the date of filing of the
application for asylum.
(3) Fees
The Attorney General may impose fees for
the consideration of an application for asylum, for employment authorization under this
section, and for adjustment of status under
section 1159(b) of this title. Such fees shall not
exceed the Attorney General’s costs in adjudicating the applications. The Attorney General may provide for the assessment and payment of such fees over a period of time or by
installments. Nothing in this paragraph shall
be construed to require the Attorney General
to charge fees for adjudication services provided to asylum applicants, or to limit the authority of the Attorney General to set adjudication and naturalization fees in accordance
with section 1356(m) of this title.
(4) Notice of privilege of counsel and consequences of frivolous application
At the time of filing an application for asylum, the Attorney General shall—
(A) advise the alien of the privilege of
being represented by counsel and of the con1 So

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

§ 1158

TITLE 8—ALIENS AND NATIONALITY

sequences, under paragraph (6), of knowingly
filing a frivolous application for asylum; and
(B) provide the alien a list of persons (updated not less often than quarterly) who
have indicated their availability to represent aliens in asylum proceedings on a pro
bono basis.
(5) Consideration of asylum applications
(A) Procedures
The procedure established under paragraph
(1) shall provide that—
(i) asylum cannot be granted until the
identity of the applicant has been checked
against all appropriate records or databases maintained by the Attorney General
and by the Secretary of State, including
the Automated Visa Lookout System, to
determine any grounds on which the alien
may be inadmissible to or deportable from
the United States, or ineligible to apply
for or be granted asylum;
(ii) in the absence of exceptional circumstances, the initial interview or hearing on
the asylum application shall commence
not later than 45 days after the date an application is filed;
(iii) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed;
(iv) any administrative appeal shall be
filed within 30 days of a decision granting
or denying asylum, or within 30 days of the
completion of removal proceedings before
an immigration judge under section 1229a
of this title, whichever is later; and
(v) in the case of an applicant for asylum
who fails without prior authorization or in
the absence of exceptional circumstances
to appear for an interview or hearing, including a hearing under section 1229a of
this title, the application may be dismissed or the applicant may be otherwise
sanctioned for such failure.
(B) Additional regulatory conditions
The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application
for asylum not inconsistent with this chapter.
(6) Frivolous applications
If the Attorney General determines that an
alien has knowingly made a frivolous application for asylum and the alien has received the
notice under paragraph (4)(A), the alien shall
be permanently ineligible for any benefits
under this chapter, effective as of the date of
a final determination on such application.
(7) No private right of action
Nothing in this subsection shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by
any party against the United States or its
agencies or officers or any other person.
(e) Commonwealth of the Northern Mariana Islands
The provisions of this section and section
1159(b) of this title shall apply to persons phys-

Page 112

ically present in the Commonwealth of the
Northern Mariana Islands or arriving in the
Commonwealth (whether or not at a designated
port of arrival and including persons who are
brought to the Commonwealth after having been
interdicted in international or United States
waters) only on or after January 1, 2014.
(June 27, 1952, ch. 477, title II, ch. 1, § 208, as
added Pub. L. 96–212, title II, § 201(b), Mar. 17,
1980, 94 Stat. 105; amended Pub. L. 101–649, title
V, § 515(a)(1), Nov. 29, 1990, 104 Stat. 5053; Pub. L.
103–322, title XIII, § 130005(b), Sept. 13, 1994, 108
Stat. 2028; Pub. L. 104–132, title IV, § 421(a), Apr.
24, 1996, 110 Stat. 1270; Pub. L. 104–208, div. C,
title VI, § 604(a), Sept. 30, 1996, 110 Stat. 3009–690;
Pub. L. 107–56, title IV, § 411(b)(2), Oct. 26, 2001,
115 Stat. 348; Pub. L. 107–208, § 4, Aug. 6, 2002, 116
Stat. 928; Pub. L. 109–13, div. B, title I, § 101(a),
(b), May 11, 2005, 119 Stat. 302, 303; Pub. L.
110–229, title VII, § 702(j)(4), May 8, 2008, 122 Stat.
866; Pub. L. 110–457, title II, § 235(d)(7), Dec. 23,
2008, 122 Stat. 5080.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (d)(5)(B), (6), was
in the original, ‘‘this Act’’, meaning act June 27, 1952,
ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
2008—Subsec. (a)(2)(E). Pub. L. 110–457, § 235(d)(7)(A),
added subpar. (E).
Subsec. (b)(3)(C). Pub. L. 110–457, § 235(d)(7)(B), added
subpar. (C).
Subsec. (e). Pub. L. 110–229 added subsec. (e).
2005—Subsec. (b)(1). Pub. L. 109–13, § 101(a)(1), (2), designated existing provisions as subpar. (A), inserted subpar. heading, and substituted ‘‘The Secretary of Homeland Security or the Attorney General’’ for ‘‘The Attorney General’’ and ‘‘the Secretary of Homeland Security
or the Attorney General’’ for ‘‘the Attorney General’’
in two places.
Subsec. (b)(1)(B). Pub. L. 109–13, § 101(a)(3), added subpar. (B)
Subsec. (b)(2)(A)(v). Pub. L. 109–13, § 101(b), substituted ‘‘described in’’ for ‘‘inadmissible under’’ in two
places and struck out ‘‘removable under’’ before ‘‘section 1227(a)(4)(B)’’.
2002—Subsec. (b)(3). Pub. L. 107–208 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘A spouse or child (as
defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of
this title) of an alien who is granted asylum under this
subsection may, if not otherwise eligible for asylum
under this section, be granted the same status as the
alien if accompanying, or following to join, such
alien.’’
2001—Subsec. (b)(2)(A)(v). Pub. L. 107–56 substituted
‘‘(III), (IV), or (VI)’’ for ‘‘(III), or (IV)’’.
1996—Pub. L. 104–208 substituted ‘‘Asylum’’ for ‘‘Asylum procedure’’ as section catchline and amended text
generally, substituting subsecs. (a) to (d) for former
subsecs. (a) to (e).
Subsec. (a). Pub. L. 104–132, § 421(a), inserted at end
‘‘The Attorney General may not grant an alien asylum
if the Attorney General determines that the alien is excludable under subclause (I), (II), or (III) of section
1182(a)(3)(B)(i) of this title or deportable under section
1251(a)(4)(B) of this title, unless the Attorney General
determines, in the discretion of the Attorney General,
that there are not reasonable grounds for regarding the
alien as a danger to the security of the United States.’’
1994—Subsec. (e). Pub. L. 103–322 added subsec. (e).

Page 113

TITLE 8—ALIENS AND NATIONALITY

1990—Subsec. (d). Pub. L. 101–649 added subsec. (d).
EFFECTIVE DATE OF 2008 AMENDMENT
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 2005 AMENDMENT
Pub. L. 109–13, div. B, title I, § 101(h)(1), (2), May 11,
2005, 119 Stat. 305, provided that:
‘‘(1) The amendments made by paragraphs (1) and (2)
of subsection (a) [amending this section] shall take effect as if enacted on March 1, 2003.
‘‘(2) The amendments made by subsections (a)(3), (b),
(c), and (d) [amending this section and sections 1229a
and 1231 of this title] shall take effect on the date of
the enactment of this division [May 11, 2005] and shall
apply to applications for asylum, withholding, or other
relief from removal made on or after such date.’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–208 effective Aug. 6, 2002,
and applicable to certain beneficiary aliens, see section
8 of Pub. L. 107–208, set out as a note under section 1151
of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–56 effective Oct. 26, 2001,
and applicable to actions taken by an alien before, on,
or after Oct. 26, 2001, and to all aliens, regardless of
date of entry or attempted entry into the United
States, in removal proceedings on or after such date
(except for proceedings in which there has been a final
administrative decision before such date) or seeking
admission to the United States on or after such date,
with special rules and exceptions, see section 411(c) of
Pub. L. 107–56, set out as a note under section 1182 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 604(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to applications for asylum
filed on or after the first day of the first month beginning more than 180 days after the date of the enactment of this Act [Sept. 30, 1996].
Section 421(b) of Pub. L. 104–132 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of
this Act [Apr. 24, 1996] and apply to asylum determinations made on or after such date.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Section 515(b) of Pub. L. 101–649, as amended by Pub.
L. 102–232, title III, § 306(a)(13), Dec. 12, 1991, 105 Stat.
1752, provided that:
‘‘(1) The amendment made by subsection (a)(1)
[amending this section] shall apply to convictions entered before, on, or after the date of the enactment of
this Act [Nov. 29, 1990] and to applications for asylum
made on or after such date.
‘‘(2) The amendment made by subsection (a)(2)
[amending section 1253 of this title] shall apply to convictions entered before, on, or after the date of the enactment of this Act [Nov. 29, 1990] and to applications
for withholding of deportation made on or after such
date.’’
EFFECTIVE DATE
Section effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct.
1, 1979, see section 204 of Pub. L. 96–212, set out as an
Effective Date of 1980 Amendment note under section
1101 of this title.
REGULATIONS
Pub. L. 110–340, § 2(d), Oct. 3, 2008, 122 Stat. 3736, provided that:

§ 1159

‘‘(1) ISSUANCE OF REGULATIONS.—Not later than 60
days after the date of enactment of this Act [Oct. 3,
2008], the Attorney General and the Secretary of Homeland Security shall promulgate final regulations establishing that, for purposes of sections 241(b)(3)(B)(iii)
and 208(b)(2)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)(3)(B)(iii); 8 U.S.C. 1158(b)(2)(A)(iii)),
an alien who is deportable under section 237(a)(4)(F) of
such Act (8 U.S.C. 1227(a)(4)(F)) or inadmissible under
section 212(a)(3)(G) of such Act (8 U.S.C. 1182(a)(3)(G))
shall be considered an alien with respect to whom there
are serious reasons to believe that the alien committed
a serious nonpolitical crime.
‘‘(2) AUTHORITY TO WAIVE CERTAIN REGULATORY REQUIREMENTS.—The requirements of chapter 5 of title 5,
United States Code (commonly referred to as the ‘Administrative Procedure Act’), chapter 35 of title 44,
United States Code (commonly referred to as the ‘Paperwork Reduction Act’), or any other law relating to
rulemaking, information collection, or publication in
the Federal Register, shall not apply to any action to
implement paragraph (1) to the extent the Attorney
General or the Secretary Homeland of [sic] Security determines that compliance with any such requirement
would impede the expeditious implementation of such
paragraph.’’
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.
EXPEDITIOUS REMOVAL FOR DENIED ASYLUM
APPLICANTS
Section 130005 of Pub. L. 103–322, as amended by Pub.
L. 104–208, div. C, title III, § 308(e)(1)(P), (17), Sept. 30,
1996, 110 Stat. 3009–620, 3009–621, provided:
‘‘(a) IN GENERAL.—The Attorney General may provide
for the expeditious adjudication of asylum claims and
the expeditious removal of asylum applicants whose applications have been finally denied, unless the applicant remains in an otherwise valid nonimmigrant
status.
‘‘(b) EMPLOYMENT AUTHORIZATION.—[Amended this
section.]
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
‘‘(1) $64,000,000 for fiscal year 1995;
‘‘(2) $90,000,000 for fiscal year 1996;
‘‘(3) $93,000,000 for fiscal year 1997; and
‘‘(4) $91,000,000 for fiscal year 1998.’’
TIME FOR ESTABLISHMENT OF ASYLUM PROCEDURE BY
ATTORNEY GENERAL
Section 204(d)(2) of Pub. L. 96–212 provided that: ‘‘The
Attorney General shall establish the asylum procedure
referred to in section 208(a) of the Immigration and Nationality Act (as added by section 201(b) of this title)
[former subsec. (a) of this section] not later than June
1, 1980.’’

§ 1159. Adjustment of status of refugees
(a) Inspection and examination by Department
of Homeland Security
(1) Any alien who has been admitted to the
United States under section 1157 of this title—
(A) whose admission has not been terminated by the Secretary of Homeland Security
or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or the Attorney General may prescribe,
(B) who has been physically present in the
United States for at least one year, and
(C) who has not acquired permanent resident
status,

§ 1159

TITLE 8—ALIENS AND NATIONALITY

shall, at the end of such year period, return or
be returned to the custody of the Department of
Homeland Security for inspection and examination for admission to the United States as an
immigrant in accordance with the provisions of
sections 1225, 1229a, and 1231 of this title.
(2) Any alien who is found upon inspection and
examination by an immigration officer pursuant
to paragraph (1) or after a hearing before an immigration judge to be admissible (except as
otherwise provided under subsection (c) of this
section) as an immigrant under this chapter at
the time of the alien’s inspection and examination shall, notwithstanding any numerical limitation specified in this chapter, be regarded as
lawfully admitted to the United States for permanent residence as of the date of such alien’s
arrival into the United States.
(b) Requirements for adjustment
The Secretary of Homeland Security or the
Attorney General, in the Secretary’s or the Attorney General’s discretion and under such regulations as the Secretary or the Attorney General
may prescribe, may adjust to the status of an
alien lawfully admitted for permanent residence
the status of any alien granted asylum who—
(1) applies for such adjustment,
(2) has been physically present in the United
States for at least one year after being granted asylum,
(3) continues to be a refugee within the
meaning of section 1101(a)(42)(A) of this title
or a spouse or child of such a refugee,
(4) is not firmly resettled in any foreign
country, and
(5) is admissible (except as otherwise provided under subsection (c) of this section) as
an immigrant under this chapter at the time
of examination for adjustment of such alien.
Upon approval of an application under this subsection, the Secretary of Homeland Security or
the Attorney General shall establish a record of
the alien’s admission for lawful permanent residence as of the date one year before the date of
the approval of the application.
(c) Coordination with section 1182
The provisions of paragraphs (4), (5), and (7)(A)
of section 1182(a) of this title shall not be applicable to any alien seeking adjustment of status
under this section, and the Secretary of Homeland Security or the Attorney General may
waive any other provision of such section (other
than paragraph (2)(C) or subparagraph (A), (B),
(C), or (E) of paragraph (3)) with respect to such
an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest.
(June 27, 1952, ch. 477, title II, ch. 1, § 209, as
added Pub. L. 96–212, title II, § 201(b), Mar. 17,
1980, 94 Stat. 105; amended Pub. L. 101–649, title
I, § 104(a)(1), title VI, § 603(a)(4), Nov. 29, 1990, 104
Stat. 4985, 5082; Pub. L. 102–232, title III,
§ 307(l)(1), Dec. 12, 1991, 105 Stat. 1756; Pub. L.
104–208, div. C, title III, §§ 308(g)(3)(A), (4)(A),
371(b)(2), Sept. 30, 1996, 110 Stat. 3009–622,
3009–645; Pub. L. 109–13, div. B, title I, § 101(g)(1),
May 11, 2005, 119 Stat. 305.)

Page 114

1952, ch. 477, 66 Stat. 163, known as the Immigration and
Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
2005—Subsec. (a)(1). Pub. L. 109–13, § 101(g)(1)(A)(i),
substituted ‘‘Department of Homeland Security’’ for
‘‘Service’’ in concluding provisions.
Subsec. (a)(1)(A). Pub. L. 109–13, § 101(g)(1)(A)(ii), substituted ‘‘Secretary of Homeland Security or the Attorney General’’ for ‘‘Attorney General’’ in two places.
Subsec. (b). Pub. L. 109–13, § 101(g)(1)(B)(ii), substituted ‘‘Secretary of Homeland Security or the Attorney General’’ for ‘‘Attorney General’’ in concluding
provisions.
Pub. L. 109–13, § 101(g)(1)(B)(i), added introductory
provisions and struck out former introductory provisions which read as follows: ‘‘Not more than 10,000 of
the refugee admissions authorized under section 1157(a)
of this title in any fiscal year may be made available
by the Attorney General, in the Attorney General’s discretion and under such regulations as the Attorney
General may prescribe, to adjust to the status of an
alien lawfully admitted for permanent residence the
status of any alien granted asylum who—’’.
Subsec. (c). Pub. L. 109–13, § 101(g)(1)(C), substituted
‘‘Secretary of Homeland Security or the Attorney General’’ for ‘‘Attorney General’’.
1996—Subsec. (a)(1). Pub. L. 104–208, § 308(g)(3)(A),
(4)(A), substituted ‘‘1229a’’ for ‘‘1226’’ and ‘‘1231’’ for
‘‘1227’’ in concluding provisions.
Subsec. (a)(2). Pub. L. 104–208, § 371(b)(2), substituted
‘‘an immigration judge’’ for ‘‘a special inquiry officer’’.
1991—Subsec. (c). Pub. L. 102–232 substituted ‘‘subparagraph (A)’’ for ‘‘subparagraphs (A)’’.
1990—Subsec. (b). Pub. L. 101–649, § 104(a)(1), substituted ‘‘10,000’’ for ‘‘five thousand’’.
Subsec. (c). Pub. L. 101–649, § 603(a)(4), substituted
‘‘(4), (5), and (7)(A)’’ for ‘‘(14), (15), (20), (21), (25), and
(32)’’ and ‘‘(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))’’ for ‘‘(other
than paragraph (27), (29), or (33) and other than so much
of paragraph (23) as relates to trafficking in narcotics)’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(g)(3)(A), (4)(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 371(b)(2) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(l) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 603(a) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 104(a)(2) of Pub. L. 101–649 provided that:
‘‘The amendment made by paragraph (1) [amending this
section] shall apply to fiscal years beginning with fiscal year 1991 and the President is authorized, without
the need for appropriate consultation, to increase the
refugee determination previously made under section
207 of the Immigration and Nationality Act [8 U.S.C.
1157] for fiscal year 1991 in order to make such amendment effective for such fiscal year.’’
Amendment by section 603(a)(4) of Pub. L. 101–649 applicable to individuals entering United States on or
after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649,
set out as a note under section 1101 of this title.

REFERENCES IN TEXT

EFFECTIVE DATE

This chapter, referred to in subsecs. (a)(2) and (b)(5),
was in the original, ‘‘this Act’’, meaning act June 27,

Section effective, except as otherwise provided, Mar.
17, 1980, and applicable to fiscal years beginning with

Page 115

TITLE 8—ALIENS AND NATIONALITY

the fiscal year beginning Oct. 1, 1979, see section 204 of
Pub. L. 96–212, set out as an Effective Date of 1980
Amendment note under section 1101 of this title.
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.
WAIVER OF NUMERICAL LIMITATION FOR CERTAIN CURRENT ASYLEES; ADJUSTMENT OF CERTAIN FORMER
ASYLEES
Section 104(c), (d) of Pub. L. 101–649, as amended by
Pub. L. 104–208, div. C, title VI, § 604(b)(2), Sept. 30, 1996,
110 Stat. 3009–694, provided that:
‘‘(c) WAIVER OF NUMERICAL LIMITATION FOR CERTAIN
CURRENT ASYLEES.—The numerical limitation on the
number of aliens whose status may be adjusted under
section 209(b) of the Immigration and Nationality Act
[8 U.S.C. 1159(b)] shall not apply to an alien described
in subsection (d) or to an alien who has applied for adjustment of status under such section on or before June
1, 1990.
‘‘(d) ADJUSTMENT OF CERTAIN FORMER ASYLEES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the provisions of section 209(b) of the Immigration and Nationality Act [8 U.S.C. 1159(b)] shall also apply to an
alien—
‘‘(A) who was granted asylum before the date of
the enactment of this Act [Nov. 29, 1990] (regardless
of whether or not such asylum has been terminated
under section 208 of the Immigration and Nationality Act [8 U.S.C. 1158]),
‘‘(B) who is no longer a refugee because of a
change in circumstances in a foreign state, and
‘‘(C) who was (or would be) qualified for adjustment of status under section 209(b) of the Immigration and Nationality Act as of the date of the enactment of this Act but for paragraphs (2) and (3)
thereof and but for any numerical limitation under
such section.
‘‘(2) APPLICATION OF PER COUNTRY LIMITATIONS.—The
number of aliens who are natives of any foreign state
who may adjust status pursuant to paragraph (1) in
any fiscal year shall not exceed the difference between the per country limitation established under
section 202(a) of the Immigration and Nationality Act
[8 U.S.C. 1152(a)] and the number of aliens who are
chargeable to that foreign state in the fiscal year
under section 202 of such Act.’’
[Section 104(c), (d) of Pub. L. 101–649 effective Nov. 29,
1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101–649, set
out as an Effective Date of 1990 Amendment note under
section 1101 of this title.]

§ 1160. Special agricultural workers
(a) Lawful residence
(1) In general
The Attorney General shall adjust the status
of an alien to that of an alien lawfully admitted for temporary residence if the Attorney
General determines that the alien meets the
following requirements:
(A) Application period
The alien must apply for such adjustment
during the 18-month period beginning on the
first day of the seventh month that begins
after November 6, 1986.
(B) Performance of seasonal agricultural
services and residence in the United
States
The alien must establish that he has—

§ 1160

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

§ 1160

TITLE 8—ALIENS AND NATIONALITY

(i) the Attorney General finds by a preponderance of the evidence that the adjustment
to temporary resident status was the result
of fraud or willful misrepresentation as set
out in section 1182(a)(6)(C)(i) of this title, or
(ii) the alien commits an act that (I)
makes the alien inadmissible to the United
States as an immigrant, except as provided
under subsection (c)(2) of this section, or (II)
is convicted of a felony or 3 or more misdemeanors committed in the United States.
(4) Authorized travel and employment during
temporary residence
During the period an alien is in lawful temporary resident status granted under this subsection, the alien has the right to travel
abroad (including commutation from a residence abroad) and shall be granted authorization to engage in employment in the United
States and shall be provided an ‘‘employment
authorized’’ endorsement or other appropriate
work permit, in the same manner as for aliens
lawfully admitted for permanent residence.
(5) In general
Except as otherwise provided in this subsection, an alien who acquires the status of an
alien lawfully admitted for temporary residence under paragraph (1), such status not
having changed, is considered to be an alien
lawfully admitted for permanent residence (as
described in section 1101(a)(20) of this title),
other than under any provision of the immigration laws.
(b) Applications for adjustment of status
(1) To whom may be made
(A) Within the United States
The Attorney General shall provide that
applications for adjustment of status under
subsection (a) may be filed—
(i) with the Attorney General, or
(ii) with a designated entity (designated
under paragraph (2)), but only if the applicant consents to the forwarding of the application to the Attorney General.
(B) Outside the United States
The Attorney General, in cooperation with
the Secretary of State, shall provide a procedure whereby an alien may apply for adjustment of status under subsection (a)(1) of this
section at an appropriate consular office
outside the United States. If the alien otherwise qualifies for such adjustment, the Attorney General shall provide such documentation of authorization to enter the
United States and to have the alien’s status
adjusted upon entry as may be necessary to
carry out the provisions of this section.
(2) Designation of entities to receive applications
For purposes of receiving applications under
this section, the Attorney General—
(A) shall designate qualified voluntary organizations and other qualified State, local,
community, farm labor organizations, and
associations of agricultural employers, and
(B) may designate such other persons as
the Attorney General determines are quali-

Page 116

fied and have substantial experience, demonstrated competence, and traditional longterm involvement in the preparation and
submittal of applications for adjustment of
status under section 1159 or 1255 of this title,
Public Law 89–732 [8 U.S.C. 1255 note], or
Public Law 95–145 [8 U.S.C. 1255 note].
(3) Proof of eligibility
(A) In general
An alien may establish that he meets the
requirement of subsection (a)(1)(B)(ii) of this
section through government employment
records, records supplied by employers or
collective bargaining organizations, and
such other reliable documentation as the
alien may provide. The Attorney General
shall establish special procedures to credit
properly work in cases in which an alien was
employed under an assumed name.
(B) Documentation of work history
(i) An alien applying for adjustment of
status under subsection (a)(1) of this section
has the burden of proving by a preponderance of the evidence that the alien has
worked the requisite number of man-days
(as required under subsection (a)(1)(B)(ii) of
this section).
(ii) If an employer or farm labor contractor employing such an alien has kept proper
and adequate records respecting such employment, the alien’s burden of proof under
clause (i) may be met by securing timely
production of those records under regulations to be promulgated by the Attorney
General.
(iii) An alien can meet such burden of
proof if the alien establishes that the alien
has in fact performed the work described in
subsection (a)(1)(B)(ii) of this section by producing sufficient evidence to show the extent of that employment as a matter of just
and reasonable inference. In such a case, the
burden then shifts to the Attorney General
to disprove the alien’s evidence with a showing which negates the reasonableness of the
inference to be drawn from the evidence.
(4) Treatment of applications by designated entities
Each designated entity must agree to forward to the Attorney General applications
filed with it in accordance with paragraph
(1)(A)(ii) but not to forward to the Attorney
General applications filed with it unless the
applicant has consented to such forwarding.
No such entity may make a determination required by this section to be made by the Attorney General.
(5) Limitation on access to information
Files and records prepared for purposes of
this section by designated entities operating
under this section are confidential and the Attorney General and the Service shall not have
access to such files or records relating to an
alien without the consent of the alien, except
as allowed by a court order issued pursuant to
paragraph (6) of this subsection.

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TITLE 8—ALIENS AND NATIONALITY

(6) Confidentiality of information
(A) In general
Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may—
(i) use the information furnished by the
applicant pursuant to an application filed
under this section for any purpose other
than to make a determination on the application, including a determination under
subsection (a)(3)(B) of this section, or for
enforcement of paragraph (7);
(ii) make any publication whereby the
information furnished by any particular
individual can be identified; or
(iii) permit anyone other than the sworn
officers and employees of the Department
or bureau or agency or, with respect to applications filed with a designated entity,
that designated entity, to examine individual applications.
(B) Required disclosures
The Attorney General shall provide information furnished under this section, and any
other information derived from such furnished information, to a duly recognized law
enforcement entity in connection with a
criminal investigation or prosecution, when
such information is requested in writing by
such entity, or to an official coroner for purposes of affirmatively identifying a deceased
individual (whether or not such individual is
deceased as a result of a crime).
(C) Construction
(i) In general
Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service
pertaining to an application filed under
this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not
available from any other source.
(ii) Criminal convictions
Information concerning whether the applicant has at any time been convicted of
a crime may be used or released for immigration enforcement or law enforcement
purposes.
(D) Crime
Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not
more than $10,000.
(7) Penalties for false statements in applications
(A) Criminal penalty
Whoever—
(i) files an application for adjustment of
status under this section and knowingly
and willfully falsifies, conceals, or covers
up a material fact or makes any false, fic-

§ 1160

titious, or fraudulent statements or representations, or makes or uses any false
writing or document knowing the same to
contain any false, fictitious, or fraudulent
statement or entry, or
(ii) creates or supplies a false writing or
document for use in making such an application,
shall be fined in accordance with title 18 or
imprisoned not more than five years, or
both.
(B) Exclusion
An alien who is convicted of a crime under
subparagraph (A) shall be considered to be
inadmissible to the United States on the
ground described in section 1182(a)(6)(C)(i) of
this title.
(c) Waiver of numerical limitations and certain
grounds for exclusion
(1) Numerical limitations do not apply
The numerical limitations of sections 1151
and 1152 of this title shall not apply to the adjustment of aliens to lawful permanent resident status under this section.
(2) Waiver of grounds for exclusion
In the determination of an alien’s admissibility under subsection (a)(1)(C) of this section—
(A) Grounds of exclusion not applicable
The provisions of paragraphs (5) and (7)(A)
of section 1182(a) of this title shall not
apply.
(B) Waiver of other grounds
(i) In general
Except as provided in clause (ii), the Attorney General may waive any other provision of section 1182(a) of this title in the
case of individual aliens for humanitarian
purposes, to assure family unity, or when
it is otherwise in the public interest.
(ii) Grounds that may not be waived
The following provisions of section
1182(a) of this title may not be waived by
the Attorney General under clause (i):
(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
(II) Paragraph (4) (relating to aliens
likely to become public charges).
(III) Paragraph (2)(C) (relating to drug
offenses), except for so much of such
paragraph as relates to a single offense
of simple possession of 30 grams or less
of marihuana.
(IV) Paragraph (3) (relating to security
and related grounds), other than subparagraph (E) thereof.
(C) Special rule for determination of public
charge
An alien is not ineligible for adjustment of
status under this section due to being inadmissible under section 1182(a)(4) of this title
if the alien demonstrates a history of employment in the United States evidencing
self-support without reliance on public cash
assistance.

§ 1160

TITLE 8—ALIENS AND NATIONALITY

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

Page 118

specific information concerning the performance of qualifying employment in the United
States and the documentary evidence which
the applicant intends to submit as proof of
such employment. The applicant must be
otherwise admissible to the United States
and must establish to the satisfaction of the
examining officer during an interview that
his or her claim to eligibility for special agriculture worker status is credible.
(e) Administrative and judicial review
(1) Administrative and judicial review
There shall be no administrative or judicial
review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.
(2) Administrative review
(A) Single level of administrative appellate
review
The Attorney General shall establish an
appellate authority to provide for a single
level of administrative appellate review of
such a determination.
(B) Standard for review
Such administrative appellate review shall
be based solely upon the administrative
record established at the time of the determination on the application and upon such
additional or newly discovered evidence as
may not have been available at the time of
the determination.
(3) Judicial review
(A) Limitation to review of exclusion or deportation
There shall be judicial review of such a denial only in the judicial review of an order of
exclusion or deportation under section 1105a
of this title (as in effect before October 1,
1996).
(B) Standard for judicial review
Such judicial review shall be based solely
upon the administrative record established
at the time of the review by the appellate
authority and the findings of fact and determinations contained in such record shall be
conclusive unless the applicant can establish
abuse of discretion or that the findings are
directly contrary to clear and convincing
facts contained in the record considered as a
whole.
(f) Temporary disqualification of newly legalized
aliens from receiving aid to families with dependent children
During the five-year period beginning on the
date an alien was granted lawful temporary resident status under subsection (a) of this section,
and notwithstanding any other provision of law,
the alien is not eligible for assistance under a
State program funded under part A of title IV of
the Social Security Act [42 U.S.C. 601 et seq.].
Notwithstanding the previous sentence, in the
case of an alien who would be eligible for assistance under a State program funded under part A
of title IV of the Social Security Act but for the
previous sentence, the provisions of paragraph

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TITLE 8—ALIENS AND NATIONALITY

(3) of section 1255a(h) of this title shall apply in
the same manner as they apply with respect to
paragraph (1) of such section and, for this purpose, any reference in section 1255a(h)(3) of this
title to paragraph (1) is deemed a reference to
the previous sentence.
(g) Treatment of special agricultural workers
For all purposes (subject to subsections (a)(5)
and (f) of this section) an alien whose status is
adjusted under this section to that of an alien
lawfully admitted for permanent residence, such
status not having changed, shall be considered
to be an alien lawfully admitted for permanent
residence (within the meaning of section
1101(a)(20) of this title).
(h) ‘‘Seasonal agricultural services’’ defined
In this section, the term ‘‘seasonal agricultural services’’ means the performance of field
work related to planting, cultural practices, cultivating, growing and harvesting of fruits and
vegetables of every kind and other perishable
commodities, as defined in regulations by the
Secretary of Agriculture.
(June 27, 1952, ch. 477, title II, ch. 1, § 210, as
added Pub. L. 99–603, title III, § 302(a)(1), Nov. 6,
1986, 100 Stat. 3417; amended Pub. L. 100–202,
§ 101(a) [title II, § 211], Dec. 22, 1987, 101 Stat. 1329,
1329–18; Pub. L. 100–525, § 2(m), Oct. 24, 1988, 102
Stat. 2613; Pub. L. 101–238, § 4, Dec. 18, 1989, 103
Stat. 2103; Pub. L. 101–649, title VI, § 603(a)(5),
Nov. 29, 1990, 104 Stat. 5082; Pub. L. 102–232, title
III, §§ 307(j), 309(b)(6), Dec. 12, 1991, 105 Stat. 1756,
1758; Pub. L. 103–416, title II, § 219(d), (z)(7), Oct.
25, 1994, 108 Stat. 4316, 4318; Pub. L. 104–132, title
IV, § 431(b), Apr. 24, 1996, 110 Stat. 1273; Pub. L.
104–193, title I, § 110(s)(1), Aug. 22, 1996, 110 Stat.
2175; Pub. L. 104–208, div. C, title III,
§§ 308(g)(2)(B), 384(d)(1), title VI, § 623(b), Sept. 30,
1996, 110 Stat. 3009–622, 3009–653, 3009–697.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(3)(A) and
(d)(3)(A), was in the original, ‘‘this Act’’, meaning act
June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 1101 of this title and Tables.
Public Law 89–732, referred to in subsec. (b)(2)(B), is
Pub. L. 89–732, Nov. 2, 1966, 80 Stat. 1161, as amended,
which is set out as a note under section 1255 of this
title.
Public Law 95–145, referred to in subsec. (b)(2)(B), is
Pub. L. 95–145, Oct. 28, 1977, 91 Stat. 1223, as amended.
Title I of Pub. L. 95–145 is set out as a note under section 1255 of this title. Title II of Pub. L. 95–145 amended
Pub. L. 94–23, which was set out as a note under section
2601 of Title 22, Foreign Relations and Intercourse, and
was repealed by Pub. L. 96–212, title III, § 312(c), Mar. 17,
1980, 94 Stat. 117.
Section 1105a of this title, referred to in subsec.
(e)(3)(A), was repealed by Pub. L. 104–208, div. C, title
III, § 306(b), Sept. 30, 1996, 110 Stat. 3009–612.
The Social Security Act, referred to in subsec. (f), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part
A of title IV of the Social Security Act is classified
generally to part A (§ 601 et seq.) of subchapter IV of
chapter 7 of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
AMENDMENTS
1996—Subsec. (b)(5). Pub. L. 104–132, § 431(b)(1), inserted before period at end ‘‘, except as allowed by a

§ 1160

court order issued pursuant to paragraph (6) of this subsection’’.
Subsec. (b)(6). Pub. L. 104–208, § 623(b), amended par.
(6) generally, substituting subpars. (A) to (D) for former
subpars. (A) to (C) and introductory and concluding
provisions, relating to confidentiality of information.
Pub. L. 104–208, § 384(d)(1), substituted ‘‘Anyone who
uses, publishes, or permits information to be examined
in violation of this paragraph shall be subject to appropriate disciplinary action and subject to a civil money
penalty of not more than $5,000 for each violation.’’ for
‘‘Anyone who uses, publishes, or permits information
to be examined in violation of this paragraph shall be
fined in accordance with title 18 or imprisoned not
more than five years, or both.’’ in concluding provisions.
Pub. L. 104–132, § 431(b)(2), inserted before ‘‘Anyone
who uses’’ in concluding provisions ‘‘Notwithstanding
the preceding sentence, the Attorney General may authorize an application to a Federal court of competent
jurisdiction for, and a judge of such court may grant an
order authorizing, disclosure of information contained
in the application of the alien to be used for identification of the alien when there is reason to believe that
the alien has been killed or severely incapacitated, or
for criminal law enforcement purposes against the
alien whose application is to be disclosed or to discover
information leading to the location or identity of the
alien.’’
Subsec. (e)(3)(A). Pub. L. 104–208, § 308(g)(2)(B), inserted ‘‘(as in effect before October 1, 1996)’’ after ‘‘section 1105a of this title’’.
Subsec. (f). Pub. L. 104–193 substituted ‘‘assistance
under a State program funded under’’ for ‘‘aid under a
State plan approved under’’ in two places.
1994—Subsec. (d)(3). Pub. L. 103–416, § 219(d), inserted
‘‘the’’ before first reference to ‘‘Service’’ in introductory provisions.
Subsec. (d)(3)(B). Pub. L. 103–416, § 219(z)(7), made
technical correction to Pub. L. 102–232, § 309(b)(6)(F).
See 1991 Amendment note below.
1991—Subsec. (b)(7)(B). Pub. L. 102–232, § 307(j), substituted
‘‘section
1182(a)(6)(C)(i)’’
for
‘‘section
1182(a)(19)’’.
Subsec. (d)(3). Pub. L. 102–232, § 309(b)(6)(A)–(C), realigned margins of par. (3) and its subparagraphs, and
in introductory provisions substituted ‘‘Service’’ for
‘‘the Immigration and Naturalization Service (INS)’’
and ‘‘Service’’ for ‘‘INS’’ in two places.
Subsec. (d)(3)(A). Pub. L. 102–232, § 309(b)(6)(D), (E),
substituted ‘‘period described in’’ for ‘‘period as defined
in’’ and ‘‘Service’’ for ‘‘INS’’, and made technical
amendment to reference to this chapter involving corresponding provision of original act.
Subsec. (d)(3)(B). Pub. L. 102–232, § 309(b)(6)(F), as
amended by Pub. L. 103–416, § 219(z)(7), substituted ‘‘described in subsection (a)(1)(A)’’ for ‘‘as defined in subsection (a)(B)(1)(B)’’.
Pub. L. 102–232, § 309(b)(6)(G), made technical amendment to reference to subsection (b)(1)(A) of this section
involving corresponding provision of original act.
1990—Subsec. (a)(3)(B)(i). Pub. L. 101–649, § 603(a)(5)(A),
substituted ‘‘1182(a)(6)(C)(i)’’ for ‘‘1182(a)(19)’’.
Subsec. (c)(2)(A). Pub. L. 101–649, § 603(a)(5)(B), substituted ‘‘(5) and (7)(A)’’ for ‘‘(14), (20), (21), (25), and
(32)’’.
Subsec. (c)(2)(B)(ii)(I). Pub. L. 101–649, § 603(a)(5)(C),
substituted ‘‘Paragraphs (2)(A) and (2)(B)’’ for ‘‘Paragraph (9) and (10)’’.
Subsec. (c)(2)(B)(ii)(II). Pub. L. 101–649, § 603(a)(5)(D),
substituted ‘‘(4)’’ for ‘‘(15)’’.
Subsec. (c)(2)(B)(ii)(III). Pub. L. 101–649, § 603(a)(5)(E),
substituted ‘‘(2)(C)’’ for ‘‘(23)’’.
Subsec. (c)(2)(B)(ii)(IV). Pub. L. 101–649, § 603(a)(5)(F),
substituted ‘‘Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof’’
for ‘‘Paragraphs (27), (28), and (29) (relating to national
security and members of certain organizations)’’.
Subsec. (c)(2)(B)(ii)(V). Pub. L. 101–649, § 603(a)(5)(G),
struck out subcl. (V) which referred to par. (33).

§ 1161

TITLE 8—ALIENS AND NATIONALITY

Subsec. (c)(2)(C). Pub. L. 101–649, § 603(a)(5)(H), substituted ‘‘1182(a)(4)’’ for ‘‘1182(a)(15)’’.
1989—Subsec. (a)(3). Pub. L. 101–238, § 4(a), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b)(6)(A). Pub. L. 101–238, § 4(b), amended subpar. (A) generally. Prior to amendment, subpar. (A)
read as follows: ‘‘use the information furnished pursuant to an application filed under this section for any
purpose other than to make a determination on the application or for enforcement of paragraph (7),’’.
1988—Subsec. (g). Pub. L. 100–525 substituted ‘‘subsections (a)(5) and (f)’’ for ‘‘subsections (b)(3) and (f)’’.
1987—Subsec. (d)(3). Pub. L. 100–202 added par. (3).
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 308(g)(2)(B) 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.
Section 384(d)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this subsection
[amending this section and section 1255a of this title]
shall apply to offenses occurring on or after the date of
the enactment of this Act [Sept. 30, 1996].’’
Amendment by Pub. L. 104–193 effective July 1, 1997,
with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and
proceedings commenced before such date, rules relating
to closing out of accounts for terminated or substantially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions
relating to termination of entitlement under AFDC
program, see section 116 of Pub. L. 104–193, as amended,
set out as an Effective Date note under section 601 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 219(z) of Pub. L. 103–416 provided that the
amendment made by subsec. (z)(7) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of
1991, Pub. L. 102–232.
Amendment by section 219(d) of Pub. L. 103–416 effective as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub.
L. 103–416, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(j) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 603(a)(5) of the Immigration Act of
1990, Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to applications for adjustment of status made on or after June 1,
1991, see section 601(e)(2) of Pub. L. 101–649, set out as
a note under section 1101 of this title.
EFFECTIVE DATE 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 a note under section 1101 of this title.
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.
COMMISSION ON AGRICULTURAL WORKERS
Section 304 of Pub. L. 99–603, as amended by Pub. L.
101–649, title VII, § 704, Nov. 29, 1990, 104 Stat. 5086; Pub.
L. 102–232, title III, § 308(c), Dec. 12, 1991, 105 Stat. 1757,

Page 120

established Commission on Agricultural Workers to
evaluate special agricultural worker provisions and
labor markets in agricultural industry, required Commission to report to Congress not later than six years
after Nov. 6, 1986, on its reviews, and provided that
Commission terminate at the end of the 75-month period beginning with the month after November 1986.

§ 1161. Repealed. Pub. L. 103–416, title
§ 219(ee)(1), Oct. 25, 1994, 108 Stat. 4319

II,

Section, act June 27, 1952, ch. 477, title II, ch. 1, § 210A,
as added Nov. 6, 1986, Pub. L. 99–603, title III, § 303(a), 100
Stat. 3422; amended Oct. 24, 1988, Pub. L. 100–525,
§ 2(n)(1), 102 Stat. 2613; Nov. 29, 1990, Pub. L. 101–649,
title VI, § 603(a)(6), (b)(1), 104 Stat. 5083, 5085; Dec. 12,
1991, Pub. L. 102–232, title III, § 307(l)(2), 105 Stat. 1756,
related to determination of agricultural labor shortages and admission of additional special agricultural
workers.
EFFECTIVE DATE OF REPEAL
Section 219(ee)(3) of Pub. L. 103–416, as added by Pub.
L. 104–208, div. C, title VI, § 671(b)(10), Sept. 30, 1996, 110
Stat. 3009–722, provided that: ‘‘The amendments made
by this subsection [repealing this section] shall take effect on the date of the enactment of this Act [Oct. 25,
1994].’’

PART
II—ADMISSION
QUALIFICATIONS
FOR
ALIENS; TRAVEL CONTROL OF CITIZENS AND
ALIENS
§ 1181. Admission of immigrants into the United
States
(a) Documents required; admission under quotas
before June 30, 1968
Except as provided in subsection (b) and subsection (c) of this section no immigrant shall be
admitted into the United States unless at the
time of application for admission he (1) has a
valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document, or document of identity and nationality,
if such document is required under the regulations issued by the Attorney General. With respect to immigrants to be admitted under
quotas of quota areas prior to June 30, 1968, no
immigrant visa shall be deemed valid unless the
immigrant is properly chargeable to the quota
area under the quota of which the visa is issued.
(b) Readmission without required documents; Attorney General’s discretion
Notwithstanding the provisions of section
1182(a)(7)(A) of this title in such cases or in such
classes of cases and under such conditions as
may be by regulations prescribed, returning
resident
immigrants,
defined
in
section
1101(a)(27)(A) of this title, who are otherwise admissible may be readmitted to the United States
by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation.
(c) Nonapplicability to aliens admitted as refugees
The provisions of subsection (a) of this section
shall not apply to an alien whom the Attorney
General admits to the United States under section 1157 of this title.

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TITLE 8—ALIENS AND NATIONALITY

(i) who is determined (in accordance
with regulations prescribed by the Secretary of Health and Human Services) to
have a communicable disease of public
health significance; 1
(ii) except as provided in subparagraph
(C), who seeks admission as an immigrant,
or who seeks adjustment of status to the
status of an alien lawfully admitted for
permanent residence, and who has failed to
present documentation of having received
vaccination against vaccine-preventable
diseases, which shall include at least the
following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids,
pertussis, influenza type B and hepatitis B,
and any other vaccinations against vaccine-preventable diseases recommended by
the Advisory Committee for Immunization
Practices,
(iii) who is determined (in accordance
with regulations prescribed by the Secretary of Health and Human Services in
consultation with the Attorney General)—
(I) to have a physical or mental disorder and behavior associated with the
disorder that may pose, or has posed, a
threat to the property, safety, or welfare
of the alien or others, or
(II) to have had a physical or mental
disorder and a history of behavior associated with the disorder, which behavior
has posed a threat to the property, safety, or welfare of the alien or others and
which behavior is likely to recur or to
lead to other harmful behavior, or

(June 27, 1952, ch. 477, title II, ch. 2, § 211, 66 Stat.
181; Pub. L. 89–236, § 9, Oct. 3, 1965, 79 Stat. 917;
Pub. L. 94–571, § 7(c), Oct. 20, 1976, 90 Stat. 2706;
Pub. L. 96–212, title II, § 202, Mar. 17, 1980, 94
Stat. 106; Pub. L. 101–649, title VI, § 603(a)(7),
Nov. 29, 1990, 104 Stat. 5083.)
AMENDMENTS
1990—Subsec. (b). Pub. L. 101–649 substituted
‘‘1182(a)(7)(A)’’ for ‘‘1182(a)(20)’’.
1980—Subsec. (a). Pub. L. 96–212, § 202(1), inserted reference to subsection (c) of this section.
Subsec. (c). Pub. L. 96–212, § 202(2), added subsec. (c).
1976—Subsec. (b). Pub. L. 94–571 substituted reference
to section 1101 ‘‘(a)(27)(A)’’ of this title for ‘‘(a)(27)(B)’’.
1965—Subsec. (a). Pub. L. 89–236 restated requirement
of an unexpired visa and passport for every immigrant
arriving in United States to conform to the changes
with respect to the classification of immigrant visas.
Subsec. (b). Pub. L. 89–236 substituted ‘‘returning
resident immigrants, defined in section 1101(a)(27)(B) of
this title, who are otherwise admissible’’, for ‘‘otherwise admissible aliens lawfully admitted for permanent
residence who depart from the United States temporarily’’.
Subsec. (c). Pub. L. 89–236 repealed subsec. (c) which
gave Attorney General discretionary authority to
admit aliens who arrive in United States with defective
visas under specified conditions.
Subsec. (d). Pub. L. 89–236 repealed subsec. (d) which
imposed restrictions on exercise of Attorney General’s
discretion to admit aliens arriving with defective visas.
Subsec. (e). Pub. L. 89–236 repealed subsec. (e) which
required every alien making application for admission
as an immigrant to present the documents required
under regulations issued by Attorney General.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.

(iv) who is determined (in accordance
with regulations prescribed by the Secretary of Health and Human Services) to
be a drug abuser or addict,

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–212 effective Mar. 17, 1980,
and applicable to fiscal years beginning with the fiscal
year beginning Oct. 1, 1979, see section 204 of Pub. L.
96–212, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
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.

§ 1182. Inadmissible aliens
(a) Classes of aliens ineligible for visas or admission
Except as otherwise provided in this chapter,
aliens who are inadmissible under the following
paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(1) Health-related grounds
(A) In general
Any alien—

§ 1182

is inadmissible.
(B) Waiver authorized
For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g) of this section.
(C) Exception from immunization requirement for adopted children 10 years of age
or younger
Clause (ii) of subparagraph (A) shall not
apply to a child who—
(i) is 10 years of age or younger,
(ii) is described in subparagraph (F) or
(G) of section 1101(b)(1) of this title; 1 and
(iii) is seeking an immigrant visa as an
immediate relative under section 1151(b) of
this title,
if, prior to the admission of the child, an
adoptive parent or prospective adoptive parent of the child, who has sponsored the child
for admission as an immediate relative, has
executed an affidavit stating that the parent
is aware of the provisions of subparagraph
(A)(ii) and will ensure that, within 30 days of
the child’s admission, or at the earliest time
that is medically appropriate, the child will
receive the vaccinations identified in such
subparagraph.
1 So

in original. The semicolon probably should be a comma.

§ 1182

TITLE 8—ALIENS AND NATIONALITY

(2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general
Except as provided in clause (ii), any
alien convicted of, or who admits having
committed, or who admits committing
acts which constitute the essential elements of—
(I) a crime involving moral turpitude
(other than a purely political offense) or
an attempt or conspiracy to commit
such a crime, or
(II) a violation of (or a conspiracy or
attempt to violate) any law or regulation of a State, the United States, or a
foreign country relating to a controlled
substance (as defined in section 802 of
title 21),
is inadmissible.
(ii) Exception
Clause (i)(I) shall not apply to an alien
who committed only one crime if—
(I) the crime was committed when the
alien was under 18 years of age, and the
crime was committed (and the alien released from any confinement to a prison
or correctional institution imposed for
the crime) more than 5 years before the
date of application for a visa or other
documentation and the date of application for admission to the United States,
or
(II) the maximum penalty possible for
the crime of which the alien was convicted (or which the alien admits having
committed or of which the acts that the
alien admits having committed constituted the essential elements) did not
exceed imprisonment for one year and, if
the alien was convicted of such crime,
the alien was not sentenced to a term of
imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions
Any alien convicted of 2 or more offenses
(other than purely political offenses), regardless of whether the conviction was in a
single trial or whether the offenses arose
from a single scheme of misconduct and regardless of whether the offenses involved
moral turpitude, for which the aggregate
sentences to confinement were 5 years or
more is inadmissible.
(C) Controlled substance traffickers
Any alien who the consular officer or the
Attorney General knows or has reason to believe—
(i) is or has been an illicit trafficker in
any controlled substance or in any listed
chemical (as defined in section 802 of title
21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with
others in the illicit trafficking in any such
controlled or listed substance or chemical,
or endeavored to do so; or
(ii) is the spouse, son, or daughter of an
alien inadmissible under clause (i), has,

Page 122

within the previous 5 years, obtained any
financial or other benefit from the illicit
activity of that alien, and knew or reasonably should have known that the financial
or other benefit was the product of such illicit activity,
is inadmissible.
(D) Prostitution and commercialized vice
Any alien who—
(i) is coming to the United States solely,
principally, or incidentally to engage in
prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of
status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of
the date of application for a visa, admission, or adjustment of status) procured or
attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10year period) received, in whole or in part,
the proceeds of prostitution, or
(iii) is coming to the United States to
engage in any other unlawful commercialized vice, whether or not related to
prostitution,
is inadmissible.
(E) Certain aliens involved in serious criminal activity who have asserted immunity
from prosecution
Any alien—
(i) who has committed in the United
States at any time a serious criminal offense (as defined in section 1101(h) of this
title),
(ii) for whom immunity from criminal
jurisdiction was exercised with respect to
that offense,
(iii) who as a consequence of the offense
and exercise of immunity has departed
from the United States, and
(iv) who has not subsequently submitted
fully to the jurisdiction of the court in the
United States having jurisdiction with respect to that offense,
is inadmissible.
(F) Waiver authorized
For provision authorizing waiver of certain subparagraphs of this paragraph, see
subsection (h) of this section.
(G) Foreign government officials who have
committed particularly severe violations
of religious freedom
Any alien who, while serving as a foreign
government official, was responsible for or
directly carried out, at any time, particularly severe violations of religious freedom,
as defined in section 6402 of title 22, is inadmissible.
(H) Significant traffickers in persons
(i) In general
Any alien who commits or conspires to
commit human trafficking offenses in the
United States or outside the United

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TITLE 8—ALIENS AND NATIONALITY

States, or who the consular officer, the
Secretary of Homeland Security, the Secretary of State, or the Attorney General
knows or has reason to believe is or has
been a knowing aider, abettor, assister,
conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of title
22, is inadmissible.
(ii) Beneficiaries of trafficking
Except as provided in clause (iii), any
alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an
alien inadmissible under clause (i), has,
within the previous 5 years, obtained any
financial or other benefit from the illicit
activity of that alien, and knew or reasonably should have known that the financial
or other benefit was the product of such illicit activity, is inadmissible.
(iii) Exception for certain sons and daughters
Clause (ii) shall not apply to a son or
daughter who was a child at the time he or
she received the benefit described in such
clause.
(I) Money laundering
Any alien—
(i) who a consular officer or the Attorney
General knows, or has reason to believe,
has engaged, is engaging, or seeks to enter
the United States to engage, in an offense
which is described in section 1956 or 1957 of
title 18 (relating to laundering of monetary instruments); or
(ii) who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or
colluder with others in an offense which is
described in such section;
is inadmissible.
(3) Security and related grounds
(A) In general
Any alien who a consular officer or the Attorney General knows, or has reasonable
ground to believe, seeks to enter the United
States to engage solely, principally, or incidentally in—
(i) any activity (I) to violate any law of
the United States relating to espionage or
sabotage or (II) to violate or evade any law
prohibiting the export from the United
States of goods, technology, or sensitive
information,
(ii) any other unlawful activity, or
(iii) any activity a purpose of which is
the opposition to, or the control or overthrow of, the Government of the United
States by force, violence, or other unlawful means,
is inadmissible.
(B) Terrorist activities
(i) In general
Any alien who—
(I) has engaged in a terrorist activity;

§ 1182

(II) a consular officer, the Attorney
General, or the Secretary of Homeland
Security knows, or has reasonable
ground to believe, is engaged in or is
likely to engage after entry in any terrorist activity (as defined in clause (iv));
(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;
(IV) is a representative (as defined in
clause (v)) of—
(aa) a terrorist organization (as defined in clause (vi)); or
(bb) a political, social, or other group
that endorses or espouses terrorist activity;
(V) is a member of a terrorist organization described in subclause (I) or (II) of
clause (vi);
(VI) is a member of a terrorist organization described in clause (vi)(III), unless
the alien can demonstrate by clear and
convincing evidence that the alien did
not know, and should not reasonably
have known, that the organization was a
terrorist organization;
(VII) endorses or espouses terrorist activity or persuades others to endorse or
espouse terrorist activity or support a
terrorist organization;
(VIII) has received military-type training (as defined in section 2339D(c)(1) of
title 18) from or on behalf of any organization that, at the time the training was
received, was a terrorist organization (as
defined in clause (vi)); or
(IX) is the spouse or child of an alien
who is inadmissible under this subparagraph, if the activity causing the alien
to be found inadmissible occurred within
the last 5 years,
is inadmissible. An alien who is an officer,
official, representative, or spokesman of
the Palestine Liberation Organization is
considered, for purposes of this chapter, to
be engaged in a terrorist activity.
(ii) Exception
Subclause (IX) of clause (i) does not
apply to a spouse or child—
(I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible
under this section; or
(II) whom the consular officer or Attorney General has reasonable grounds
to believe has renounced the activity
causing the alien to be found inadmissible under this section.
(iii) ‘‘Terrorist activity’’ defined
As used in this chapter, the term ‘‘terrorist activity’’ means any activity which
is unlawful under the laws of the place
where it is committed (or which, if it had
been committed in the United States,
would be unlawful under the laws of the
United States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any
conveyance (including an aircraft, vessel, or vehicle).

§ 1182

TITLE 8—ALIENS AND NATIONALITY
(II) The seizing or detaining, and
threatening to kill, injure, or continue
to detain, another individual in order to
compel a third person (including a governmental organization) to do or abstain
from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III) A violent attack upon an internationally protected person (as defined
in section 1116(b)(4) of title 18) or upon
the liberty of such a person.
(IV) An assassination.
(V) The use of any—
(a) biological agent, chemical agent,
or nuclear weapon or device, or
(b) explosive, firearm, or other weapon or dangerous device (other than for
mere personal monetary gain),
with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to
property.
(VI) A threat, attempt, or conspiracy
to do any of the foregoing.
(iv) ‘‘Engage in terrorist activity’’ defined
As used in this chapter, the term ‘‘engage in terrorist activity’’ means, in an individual capacity or as a member of an organization—
(I) to commit or to incite to commit,
under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
(II) to prepare or plan a terrorist activity;
(III) to gather information on potential targets for terrorist activity;
(IV) to solicit funds or other things of
value for—
(aa) a terrorist activity;
(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or
(cc) a terrorist organization described in clause (vi)(III), unless the
solicitor can demonstrate by clear and
convincing evidence that he did not
know, and should not reasonably have
known, that the organization was a
terrorist organization;
(V) to solicit any individual—
(aa) to engage in conduct otherwise
described in this subsection;
(bb) for membership in a terrorist organization described in clause (vi)(I) or
(vi)(II); or
(cc) for membership in a terrorist organization described in clause (vi)(III)
unless the solicitor can demonstrate
by clear and convincing evidence that
he did not know, and should not reasonably have known, that the organization was a terrorist organization; or
(VI) to commit an act that the actor
knows, or reasonably should know, affords material support, including a safe
house, transportation, communications,
funds, transfer of funds or other material
financial benefit, false documentation or

Page 124

identification, weapons (including chemical, biological, or radiological weapons),
explosives, or training—
(aa) for the commission of a terrorist
activity;
(bb) to any individual who the actor
knows, or reasonably should know, has
committed or plans to commit a terrorist activity;
(cc) to a terrorist organization described in subclause (I) or (II) of clause
(vi) or to any member of such an organization; or
(dd) to a terrorist organization described in clause (vi)(III), or to any
member of such an organization, unless the actor can demonstrate by clear
and convincing evidence that the actor
did not know, and should not reasonably have known, that the organization was a terrorist organization.
(v) ‘‘Representative’’ defined
As used in this paragraph, the term ‘‘representative’’ includes an officer, official,
or spokesman of an organization, and any
person who directs, counsels, commands,
or induces an organization or its members
to engage in terrorist activity.
(vi) ‘‘Terrorist organization’’ defined
As used in this section, the term ‘‘terrorist organization’’ means an organization—
(I) designated under section 1189 of this
title;
(II) otherwise designated, upon publication in the Federal Register, by the
Secretary of State in consultation with
or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after
finding that the organization engages in
the activities described in subclauses (I)
through (VI) of clause (iv); or
(III) that is a group of two or more individuals, whether organized or not,
which engages in, or has a subgroup
which engages in, the activities described in subclauses (I) through (VI) of
clause (iv).
(C) Foreign policy
(i) In general
An alien whose entry or proposed activities in the United States the Secretary of
State has reasonable ground to believe
would have potentially serious adverse foreign policy consequences for the United
States is inadmissible.
(ii) Exception for officials
An alien who is an official of a foreign
government or a purported government, or
who is a candidate for election to a foreign
government office during the period immediately preceding the election for that office, shall not be excludable or subject to
restrictions or conditions on entry into
the United States under clause (i) solely
because of the alien’s past, current, or expected beliefs, statements, or associations,
if such beliefs, statements, or associations
would be lawful within the United States.

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TITLE 8—ALIENS AND NATIONALITY

(iii) Exception for other aliens
An alien, not described in clause (ii),
shall not be excludable or subject to restrictions or conditions on entry into the
United States under clause (i) because of
the alien’s past, current, or expected beliefs, statements, or associations, if such
beliefs, statements, or associations would
be lawful within the United States, unless
the Secretary of State personally determines that the alien’s admission would
compromise a compelling United States
foreign policy interest.
(iv) Notification of determinations
If a determination is made under clause
(iii) with respect to an alien, the Secretary
of State must notify on a timely basis the
chairmen of the Committees on the Judiciary and Foreign Affairs of the House of
Representatives and of the Committees on
the Judiciary and Foreign Relations of the
Senate of the identity of the alien and the
reasons for the determination.
(D) Immigrant membership in totalitarian
party
(i) In general
Any immigrant who is or has been a
member of or affiliated with the Communist or any other totalitarian party (or
subdivision or affiliate thereof), domestic
or foreign, is inadmissible.
(ii) Exception for involuntary membership
Clause (i) shall not apply to an alien because of membership or affiliation if the
alien establishes to the satisfaction of the
consular officer when applying for a visa
(or to the satisfaction of the Attorney
General when applying for admission) that
the membership or affiliation is or was involuntary, or is or was solely when under
16 years of age, by operation of law, or for
purposes of obtaining employment, food
rations, or other essentials of living and
whether necessary for such purposes.
(iii) Exception for past membership
Clause (i) shall not apply to an alien because of membership or affiliation if the
alien establishes to the satisfaction of the
consular officer when applying for a visa
(or to the satisfaction of the Attorney
General when applying for admission)
that—
(I) the membership or affiliation terminated at least—
(a) 2 years before the date of such application, or
(b) 5 years before the date of such application, in the case of an alien whose
membership or affiliation was with the
party controlling the government of a
foreign state that is a totalitarian dictatorship as of such date, and
(II) the alien is not a threat to the security of the United States.
(iv) Exception for close family members
The Attorney General may, in the Attorney General’s discretion, waive the appli-

§ 1182

cation of clause (i) in the case of an immigrant who is the parent, spouse, son,
daughter, brother, or sister of a citizen of
the United States or a spouse, son, or
daughter of an alien lawfully admitted for
permanent residence for humanitarian
purposes, to assure family unity, or when
it is otherwise in the public interest if the
immigrant is not a threat to the security
of the United States.
(E) Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
(i) Participation in Nazi persecutions
Any alien who, during the period beginning on March 23, 1933, and ending on May
8, 1945, under the direction of, or in association with—
(I) the Nazi government of Germany,
(II) any government in any area occupied by the military forces of the Nazi
government of Germany,
(III) any government established with
the assistance or cooperation of the Nazi
government of Germany, or
(IV) any government which was an ally
of the Nazi government of Germany,
ordered, incited, assisted, or otherwise
participated in the persecution of any person because of race, religion, national origin, or political opinion is inadmissible.
(ii) Participation in genocide
Any alien who ordered, incited, assisted,
or otherwise participated in genocide, as
defined in section 1091(a) of title 18, is inadmissible.
(iii) Commission of acts of torture or extrajudicial killings
Any alien who, outside the United
States, has committed, ordered, incited,
assisted, or otherwise participated in the
commission of—
(I) any act of torture, as defined in section 2340 of title 18; or
(II) under color of law of any foreign
nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350
note),
is inadmissible.
(F) Association with terrorist organizations
Any alien who the Secretary of State,
after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist
organization and intends while in the United
States to engage solely, principally, or incidentally in activities that could endanger
the welfare, safety, or security of the United
States is inadmissible.
(G) Recruitment or use of child soldiers
Any alien who has engaged in the recruitment or use of child soldiers in violation of
section 2442 of title 18 is inadmissible.

§ 1182

TITLE 8—ALIENS AND NATIONALITY

(4) Public charge
(A) In general
Any alien who, in the opinion of the consular officer at the time of application for a
visa, or in the opinion of the Attorney General at the time of application for admission
or adjustment of status, is likely at any
time to become a public charge is inadmissible.
(B) Factors to be taken into account
(i) In determining whether an alien is inadmissible under this paragraph, the consular officer or the Attorney General shall
at a minimum consider the alien’s—
(I) age;
(II) health;
(III) family status;
(IV) assets, resources, and financial
status; and
(V) education and skills.
(ii) In addition to the factors under clause
(i), the consular officer or the Attorney General may also consider any affidavit of support under section 1183a of this title for purposes of exclusion under this paragraph.
(C) Family-sponsored immigrants
Any alien who seeks admission or adjustment of status under a visa number issued
under section 1151(b)(2) or 1153(a) of this title
is inadmissible under this paragraph unless—
(i) the alien has obtained—
(I) status as a spouse or a child of a
United States citizen pursuant to clause
(ii), (iii), or (iv) of section 1154(a)(1)(A) of
this title;
(II) classification pursuant to clause
(ii) or (iii) of section 1154(a)(1)(B) of this
title; or
(III) classification or status as a VAWA
self-petitioner; or
(ii) the person petitioning for the alien’s
admission (and any additional sponsor required under section 1183a(f) of this title or
any alternative sponsor permitted under
paragraph (5)(B) of such section) has executed an affidavit of support described in
section 1183a of this title with respect to
such alien.
(D) Certain employment-based immigrants
Any alien who seeks admission or adjustment of status under a visa number issued
under section 1153(b) of this title by virtue of
a classification petition filed by a relative of
the alien (or by an entity in which such relative has a significant ownership interest) is
inadmissible under this paragraph unless
such relative has executed an affidavit of
support described in section 1183a of this
title with respect to such alien.
(5) Labor certification and qualifications for
certain immigrants
(A) Labor certification
(i) In general
Any alien who seeks to enter the United
States for the purpose of performing

Page 126

skilled or unskilled labor is inadmissible,
unless the Secretary of Labor has determined and certified to the Secretary of
State and the Attorney General that—
(I) there are not sufficient workers who
are able, willing, qualified (or equally
qualified in the case of an alien described
in clause (ii)) and available at the time
of application for a visa and admission
to the United States and at the place
where the alien is to perform such
skilled or unskilled labor, and
(II) the employment of such alien will
not adversely affect the wages and working conditions of workers in the United
States similarly employed.
(ii) Certain aliens subject to special rule
For purposes of clause (i)(I), an alien described in this clause is an alien who—
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
(iii) Professional athletes
(I) In general
A certification made under clause (i)
with respect to a professional athlete
shall remain valid with respect to the
athlete after the athlete changes employer, if the new employer is a team in
the same sport as the team which employed the athlete when the athlete first
applied for the certification.
(II) ‘‘Professional athlete’’ defined
For purposes of subclause (I), the term
‘‘professional athlete’’ means an individual who is employed as an athlete by—
(aa) a team that is a member of an
association of 6 or more professional
sports teams whose total combined
revenues exceed $10,000,000 per year, if
the association governs the conduct of
its members and regulates the contests
and exhibitions in which its member
teams regularly engage; or
(bb) any minor league team that is
affiliated with such an association.
(iv) Long delayed adjustment applicants
A certification made under clause (i)
with respect to an individual whose petition is covered by section 1154(j) of this
title shall remain valid with respect to a
new job accepted by the individual after
the individual changes jobs or employers if
the new job is in the same or a similar occupational classification as the job for
which the certification was issued.
(B) Unqualified physicians
An alien who is a graduate of a medical
school not accredited by a body or bodies approved for the purpose by the Secretary of
Education (regardless of whether such
school of medicine is in the United States)
and who is coming to the United States principally to perform services as a member of
the medical profession is inadmissible, unless the alien (i) has passed parts I and II of

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TITLE 8—ALIENS AND NATIONALITY

the National Board of Medical Examiners
Examination (or an equivalent examination
as determined by the Secretary of Health
and Human Services) and (ii) is competent in
oral and written English. For purposes of the
previous sentence, an alien who is a graduate of a medical school shall be considered
to have passed parts I and II of the National
Board of Medical Examiners if the alien was
fully and permanently licensed to practice
medicine in a State on January 9, 1978, and
was practicing medicine in a State on that
date.
(C) Uncertified foreign health-care workers
Subject to subsection (r) of this section,
any alien who seeks to enter the United
States for the purpose of performing labor as
a health-care worker, other than a physician, is inadmissible unless the alien presents to the consular officer, or, in the case
of an adjustment of status, the Attorney
General, a certificate from the Commission
on Graduates of Foreign Nursing Schools, or
a certificate from an equivalent independent
credentialing organization approved by the
Attorney General in consultation with the
Secretary of Health and Human Services,
verifying that—
(i) the alien’s education, training, license, and experience—
(I) meet all applicable statutory and
regulatory requirements for entry into
the United States under the classification specified in the application;
(II) are comparable with that required
for an American health-care worker of
the same type; and
(III) are authentic and, in the case of a
license, unencumbered;
(ii) the alien has the level of competence
in oral and written English considered by
the Secretary of Health and Human Services, in consultation with the Secretary of
Education, to be appropriate for health
care work of the kind in which the alien
will be engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments of the applicant’s ability
to speak and write; and
(iii) if a majority of States licensing the
profession in which the alien intends to
work recognize a test predicting the success on the profession’s licensing or certification examination, the alien has
passed such a test or has passed such an
examination.
For purposes of clause (ii), determination of
the standardized tests required and of the
minimum scores that are appropriate are
within the sole discretion of the Secretary of
Health and Human Services and are not subject to further administrative or judicial review.
(D) Application of grounds
The grounds for inadmissibility of aliens
under subparagraphs (A) and (B) shall apply
to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of
section 1153(b) of this title.

§ 1182

(6) Illegal entrants and immigration violators
(A) Aliens present without admission or parole
(i) In general
An alien present in the United States
without being admitted or paroled, or who
arrives in the United States at any time or
place other than as designated by the Attorney General, is inadmissible.
(ii) Exception for certain battered women
and children
Clause (i) shall not apply to an alien who
demonstrates that—
(I) the alien is a VAWA self-petitioner;
(II)(a) the alien has been battered or
subjected to extreme cruelty by a spouse
or parent, or by a member of the spouse’s
or parent’s family residing in the same
household as the alien and the spouse or
parent consented or acquiesced to such
battery or cruelty, or (b) the alien’s
child has been battered or subjected to
extreme cruelty by a spouse or parent of
the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse’s or
parent’s family residing in the same
household as the alien when the spouse
or parent consented to or acquiesced in
such battery or cruelty and the alien did
not actively participate in such battery
or cruelty, and
(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the
alien’s unlawful entry into the United
States.
(B) Failure to attend removal proceeding
Any alien who without reasonable cause
fails or refuses to attend or remain in attendance at a proceeding to determine the
alien’s inadmissibility or deportability and
who seeks admission to the United States
within 5 years of such alien’s subsequent departure or removal is inadmissible.
(C) Misrepresentation
(i) In general
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other
benefit provided under this chapter is inadmissible.
(ii) Falsely claiming citizenship
(I) In general
Any alien who falsely represents, or
has falsely represented, himself or herself to be a citizen of the United States
for any purpose or benefit under this
chapter (including section 1324a of this
title) or any other Federal or State law
is inadmissible.
(II) Exception
In the case of an alien making a representation described in subclause (I), if

TITLE 8—ALIENS AND NATIONALITY

§ 1182

each natural parent of the alien (or, in
the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization),
the alien permanently resided in the
United States prior to attaining the age
of 16, and the alien reasonably believed
at the time of making such representation that he or she was a citizen, the
alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.
(iii) Waiver authorized
For provision authorizing waiver of
clause (i), see subsection (i) of this section.
(D) Stowaways
Any alien who is a stowaway is inadmissible.
(E) Smugglers
(i) In general
Any alien who at any time knowingly
has encouraged, induced, assisted, abetted,
or aided any other alien to enter or to try
to enter the United States in violation of
law is inadmissible.
(ii) Special rule in the case of family reunification
Clause (i) shall not apply in the case of
alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in
the United States on May 5, 1988, and is
seeking admission as an immediate relative or under section 1153(a)(2) of this
title (including under section 112 of the
Immigration Act of 1990) or benefits under
section 301(a) of the Immigration Act of
1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or
aided only the alien’s spouse, parent, son,
or daughter (and no other individual) to
enter the United States in violation of law.
(iii) Waiver authorized
For provision authorizing waiver of
clause (i), see subsection (d)(11) of this section.
(F) Subject of civil penalty
(i) In general
An alien who is the subject of a final
order for violation of section 1324c of this
title is inadmissible.
(ii) Waiver authorized
For provision authorizing waiver of
clause (i), see subsection (d)(12) of this section.
(G) Student visa abusers
An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of
this title and who violates a term or condition of such status under section 1184(l) 2 of
this title is inadmissible until the alien has
been outside the United States for a continu2 See

References in Text note below.

Page 128

ous period of 5 years after the date of the
violation.
(7) Documentation requirements
(A) Immigrants
(i) In general
Except as otherwise specifically provided
in this chapter, any immigrant at the time
of application for admission—
(I) who is not in possession of a valid
unexpired immigrant visa, reentry permit, border crossing identification card,
or other valid entry document required
by this chapter, and a valid unexpired
passport, or other suitable travel document, or document of identity and nationality if such document is required
under the regulations issued by the Attorney General under section 1181(a) of
this title, or
(II) whose visa has been issued without
compliance with the provisions of section 1153 of this title,
is inadmissible.
(ii) Waiver authorized
For provision authorizing waiver of
clause (i), see subsection (k) of this section.
(B) Nonimmigrants
(i) In general
Any nonimmigrant who—
(I) is not in possession of a passport
valid for a minimum of six months from
the date of the expiration of the initial
period of the alien’s admission or contemplated initial period of stay authorizing the alien to return to the country
from which the alien came or to proceed
to and enter some other country during
such period, or
(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application
for admission,
is inadmissible.
(ii) General waiver authorized
For provision authorizing waiver of
clause (i), see subsection (d)(4) of this section.
(iii) Guam and Northern Mariana Islands
visa waiver
For provision authorizing waiver of
clause (i) in the case of visitors to Guam
or the Commonwealth of the Northern
Mariana Islands, see subsection (l).
(iv) Visa waiver program
For authority to waive the requirement
of clause (i) under a program, see section
1187 of this title.
(8) Ineligible for citizenship
(A) In general
Any immigrant who is permanently ineligible to citizenship is inadmissible.
(B) Draft evaders
Any person who has departed from or who
has remained outside the United States to

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TITLE 8—ALIENS AND NATIONALITY

avoid or evade training or service in the
armed forces in time of war or a period declared by the President to be a national
emergency is inadmissible, except that this
subparagraph shall not apply to an alien who
at the time of such departure was a nonimmigrant and who is seeking to reenter the
United States as a nonimmigrant.
(9) Aliens previously removed
(A) Certain aliens previously removed
(i) Arriving aliens
Any alien who has been ordered removed
under section 1225(b)(1) of this title or at
the end of proceedings under section 1229a
of this title initiated upon the alien’s arrival in the United States and who again
seeks admission within 5 years of the date
of such removal (or within 20 years in the
case of a second or subsequent removal or
at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
(ii) Other aliens
Any alien not described in clause (i)
who—
(I) has been ordered removed under
section 1229a of this title or any other
provision of law, or
(II) departed the United States while
an order of removal was outstanding,
and who seeks admission within 10 years of
the date of such alien’s departure or removal (or within 20 years of such date in
the case of a second or subsequent removal
or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
(iii) Exception
Clauses (i) and (ii) shall not apply to an
alien seeking admission within a period if,
prior to the date of the alien’s reembarkation at a place outside the United States
or attempt to be admitted from foreign
contiguous territory, the Attorney General has consented to the alien’s reapplying for admission.
(B) Aliens unlawfully present
(i) In general
Any alien (other than an alien lawfully
admitted for permanent residence) who—
(I) was unlawfully present in the
United States for a period of more than
180 days but less than 1 year, voluntarily
departed the United States (whether or
not pursuant to section 1254a(e) 3 of this
title) prior to the commencement of proceedings under section 1225(b)(1) of this
title or section 1229a of this title, and
again seeks admission within 3 years of
the date of such alien’s departure or removal, or
(II) has been unlawfully present in the
United States for one year or more, and
who again seeks admission within 10
3 So in original. Probably should be a reference to section 1229c
of this title.

§ 1182

years of the date of such alien’s departure or removal from the United States,
is inadmissible.
(ii) Construction of unlawful presence
For purposes of this paragraph, an alien
is deemed to be unlawfully present in the
United States if the alien is present in the
United States after the expiration of the
period of stay authorized by the Attorney
General or is present in the United States
without being admitted or paroled.
(iii) Exceptions
(I) Minors
No period of time in which an alien is
under 18 years of age shall be taken into
account in determining the period of unlawful presence in the United States
under clause (i).
(II) Asylees
No period of time in which an alien has
a bona fide application for asylum pending under section 1158 of this title shall
be taken into account in determining
the period of unlawful presence in the
United States under clause (i) unless the
alien during such period was employed
without authorization in the United
States.
(III) Family unity
No period of time in which the alien is
a beneficiary of family unity protection
pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States
under clause (i).
(IV) Battered women and children
Clause (i) shall not apply to an alien
who would be described in paragraph
(6)(A)(ii) if ‘‘violation of the terms of the
alien’s nonimmigrant visa’’ were substituted for ‘‘unlawful entry into the
United States’’ in subclause (III) of that
paragraph.
(V) Victims of a severe form of trafficking
in persons
Clause (i) shall not apply to an alien
who demonstrates that the severe form
of trafficking (as that term is defined in
section 7102 of title 22) was at least one
central reason for the alien’s unlawful
presence in the United States.
(iv) Tolling for good cause
In the case of an alien who—
(I) has been lawfully admitted or paroled into the United States,
(II) has filed a nonfrivolous application
for a change or extension of status before
the date of expiration of the period of
stay authorized by the Attorney General, and
(III) has not been employed without
authorization in the United States before or during the pendency of such application,
the calculation of the period of time specified in clause (i)(I) shall be tolled during

§ 1182

TITLE 8—ALIENS AND NATIONALITY

the pendency of such application, but not
to exceed 120 days.
(v) Waiver
The Attorney General has sole discretion
to waive clause (i) in the case of an immigrant who is the spouse or son or daughter
of a United States citizen or of an alien
lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien
would result in extreme hardship to the
citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by
the Attorney General regarding a waiver
under this clause.
(C) Aliens unlawfully present after previous
immigration violations
(i) In general
Any alien who—
(I) has been unlawfully present in the
United States for an aggregate period of
more than 1 year, or
(II) has been ordered removed under
section 1225(b)(1) of this title, section
1229a of this title, or any other provision
of law,
and who enters or attempts to reenter the
United States without being admitted is
inadmissible.
(ii) Exception
Clause (i) shall not apply to an alien
seeking admission more than 10 years
after the date of the alien’s last departure
from the United States if, prior to the
alien’s reembarkation at a place outside
the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security
has consented to the alien’s reapplying for
admission.
(iii) Waiver
The Secretary of Homeland Security
may waive the application of clause (i) in
the case of an alien who is a VAWA self-petitioner if there is a connection between—
(I) the alien’s battering or subjection
to extreme cruelty; and
(II) the alien’s removal, departure from
the United States, reentry or reentries
into the United States; or attempted reentry into the United States.
(10) Miscellaneous
(A) Practicing polygamists
Any immigrant who is coming to the
United States to practice polygamy is inadmissible.
(B) Guardian required to accompany helpless
alien
Any alien—
(i) who is accompanying another alien
who is inadmissible and who is certified to
be helpless from sickness, mental or physical disability, or infancy pursuant to section 1222(c) of this title, and

Page 130

(ii) whose protection or guardianship is
determined to be required by the alien described in clause (i),
is inadmissible.
(C) International child abduction
(i) In general
Except as provided in clause (ii), any
alien who, after entry of an order by a
court in the United States granting custody to a person of a United States citizen
child who detains or retains the child, or
withholds custody of the child, outside the
United States from the person granted custody by that order, is inadmissible until
the child is surrendered to the person
granted custody by that order.
(ii) Aliens supporting abductors and relatives of abductors
Any alien who—
(I) is known by the Secretary of State
to have intentionally assisted an alien in
the conduct described in clause (i),
(II) is known by the Secretary of State
to be intentionally providing material
support or safe haven to an alien described in clause (i), or
(III) is a spouse (other than the spouse
who is the parent of the abducted child),
child (other than the abducted child),
parent, sibling, or agent of an alien described in clause (i), if such person has
been designated by the Secretary of
State at the Secretary’s sole and unreviewable discretion, is inadmissible
until the child described in clause (i) is
surrendered to the person granted custody by the order described in that
clause, and such person and child are
permitted to return to the United States
or such person’s place of residence.
(iii) Exceptions
Clauses (i) and (ii) shall not apply—
(I) to a government official of the
United States who is acting within the
scope of his or her official duties;
(II) to a government official of any foreign government if the official has been
designated by the Secretary of State at
the Secretary’s sole and unreviewable
discretion; or
(III) so long as the child is located in a
foreign state that is a party to the Convention on the Civil Aspects of International Child Abduction, done at The
Hague on October 25, 1980.
(D) Unlawful voters
(i) In general
Any alien who has voted in violation of
any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is inadmissible.
(ii) Exception
In the case of an alien who voted in a
Federal, State, or local election (including
an initiative, recall, or referendum) in violation of a lawful restriction of voting to
citizens, if each natural parent of the alien

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TITLE 8—ALIENS AND NATIONALITY

(or, in the case of an adopted alien, each
adoptive parent of the alien) is or was a
citizen (whether by birth or naturalization), the alien permanently resided in the
United States prior to attaining the age of
16, and the alien reasonably believed at the
time of such violation that he or she was
a citizen, the alien shall not be considered
to be inadmissible under any provision of
this subsection based on such violation.
(E) Former citizens who renounced citizenship to avoid taxation
Any alien who is a former citizen of the
United States who officially renounces
United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the
purpose of avoiding taxation by the United
States is inadmissible.
(b) Notices of denials
(1) Subject to paragraphs (2) and (3), if an
alien’s application for a visa, for admission to
the United States, or for adjustment of status is
denied by an immigration or consular officer because the officer determines the alien to be inadmissible under subsection (a) of this section,
the officer shall provide the alien with a timely
written notice that—
(A) states the determination, and
(B) lists the specific provision or provisions
of law under which the alien is inadmissible or
adjustment 4 of status.
(2) The Secretary of State may waive the requirements of paragraph (1) with respect to a
particular alien or any class or classes of inadmissible aliens.
(3) Paragraph (1) does not apply to any alien
inadmissible under paragraph (2) or (3) of subsection (a) of this section.
(c) Repealed. Pub. L. 104–208, div. C, title III,
§ 304(b), Sept. 30, 1996, 110 Stat. 3009–597
(d) Temporary admission of nonimmigrants
(1) The Attorney General shall determine
whether a ground for inadmissibility exists with
respect to a nonimmigrant described in section
1101(a)(15)(S) of this title. The Attorney General,
in the Attorney General’s discretion, may waive
the application of subsection (a) of this section
(other than paragraph (3)(E)) in the case of a
nonimmigrant described in section 1101(a)(15)(S)
of this title, if the Attorney General considers it
to be in the national interest to do so. Nothing
in this section shall be regarded as prohibiting
the Immigration and Naturalization Service
from instituting removal proceedings against an
alien admitted as a nonimmigrant under section
1101(a)(15)(S) of this title for conduct committed
after the alien’s admission into the United
States, or for conduct or a condition that was
not disclosed to the Attorney General prior to
the alien’s admission as a nonimmigrant under
section 1101(a)(15)(S) of this title.
(2) Repealed. Pub. L. 101–649, title VI,
§ 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(3)(A) Except as provided in this subsection, an
alien (i) who is applying for a nonimmigrant
4 So in original. Probably should be preceded by ‘‘ineligible
for’’.

§ 1182

visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) of this section (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C),
and clauses (i) and (ii) of paragraph (3)(E) of
such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that
the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be
admitted into the United States temporarily as
a nonimmigrant in the discretion of the Attorney General, or (ii) who is inadmissible under
subsection (a) of this section (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C),
and clauses (i) and (ii) of paragraph (3)(E) of
such subsection), but who is in possession of appropriate documents or is granted a waiver
thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney
General. The Attorney General shall prescribe
conditions, including exaction of such bonds as
may be necessary, to control and regulate the
admission and return of inadmissible aliens applying for temporary admission under this paragraph.
(B)(i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary
of Homeland Security, after consultation with
the Secretary of State and the Attorney General, may determine in such Secretary’s sole unreviewable discretion that subsection (a)(3)(B)
shall not apply with respect to an alien within
the scope of that subsection or that subsection
(a)(3)(B)(vi)(III) shall not apply to a group within the scope of that subsection, except that no
such waiver may be extended to an alien who is
within the scope of subsection (a)(3)(B)(i)(II), no
such waiver may be extended to an alien who is
a member or representative of, has voluntarily
and knowingly engaged in or endorsed or espoused or persuaded others to endorse or espouse
or support terrorist activity on behalf of, or has
voluntarily and knowingly received militarytype training from a terrorist organization that
is described in subclause (I) or (II) of subsection
(a)(3)(B)(vi), and no such waiver may be extended to a group that has engaged terrorist activity against the United States or another
democratic country or that has purposefully engaged in a pattern or practice of terrorist activity that is directed at civilians. Such a determination shall neither prejudice the ability of
the United States Government to commence
criminal or civil proceedings involving a beneficiary of such a determination or any other person, nor create any substantive or procedural
right or benefit for a beneficiary of such a determination or any other person. Notwithstanding
any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or
any other habeas corpus provision, and sections
1361 and 1651 of such title, no court shall have
jurisdiction to review such a determination or
revocation except in a proceeding for review of
a final order of removal pursuant to section 1252
of this title, and review shall be limited to the
extent provided in section 1252(a)(2)(D). The Secretary of State may not exercise the discretion

§ 1182

TITLE 8—ALIENS AND NATIONALITY

provided in this clause with respect to an alien
at any time during which the alien is the subject of pending removal proceedings under section 1229a of this title.
(ii) Not later than 90 days after the end of each
fiscal year, the Secretary of State and the Secretary of Homeland Security shall each provide
to the Committees on the Judiciary of the
House of Representatives and of the Senate, the
Committee on International Relations of the
House of Representatives, the Committee on
Foreign Relations of the Senate, and the Committee on Homeland Security of the House of
Representatives a report on the aliens to whom
such Secretary has applied clause (i). Within one
week of applying clause (i) to a group, the Secretary of State or the Secretary of Homeland
Security shall provide a report to such Committees.
(4) Either or both of the requirements of paragraph (7)(B)(i) of subsection (a) of this section
may be waived by the Attorney General and the
Secretary of State acting jointly (A) on the
basis of unforeseen emergency in individual
cases, or (B) on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof
having a common nationality with such nationals, or (C) in the case of aliens proceeding in immediate and continuous transit through the
United States under contracts authorized in section 1223(c) of this title.
(5)(A) The Attorney General may, except as
provided in subparagraph (B) or in section 1184(f)
of this title, in his discretion parole into the
United States temporarily under such conditions as he may prescribe only on a case-by-case
basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of
such alien shall not be regarded as an admission
of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith
return or be returned to the custody from which
he was paroled and thereafter his case shall continue to be dealt with in the same manner as
that of any other applicant for admission to the
United States.
(B) The Attorney General may not parole into
the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the
alien be paroled into the United States rather
than be admitted as a refugee under section 1157
of this title.
(6) Repealed. Pub. L. 101–649, title VI,
§ 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(7) The provisions of subsection (a) of this section (other than paragraph (7)) shall be applicable to any alien who shall leave Guam, the Commonwealth of the Northern Mariana Islands,
Puerto Rico, or the Virgin Islands of the United
States, and who seeks to enter the continental
United States or any other place under the jurisdiction of the United States. The Attorney General shall by regulations provide a method and
procedure for the temporary admission to the
United States of the aliens described in this pro-

Page 132

viso.5 Any alien described in this paragraph, who
is denied admission to the United States, shall
be immediately removed in the manner provided
by section 1231(c) of this title.
(8) Upon a basis of reciprocity accredited officials of foreign governments, their immediate
families, attendants, servants, and personal employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except paragraphs (3)(A), (3)(B), (3)(C), and (7)(B) of
subsection (a) of this section.
(9), (10) Repealed. Pub. L. 101–649, title VI,
§ 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(11) The Attorney General may, in his discretion for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) of this section in the case of
any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and
who is otherwise admissible to the United
States as a returning resident under section
1181(b) of this title and in the case of an alien
seeking admission or adjustment of status as an
immediate relative or immigrant under section
1153(a) of this title (other than paragraph (4)
thereof), if the alien has encouraged, induced,
assisted, abetted, or aided only an individual
who at the time of such action was the alien’s
spouse, parent, son, or daughter (and no other
individual) to enter the United States in violation of law.
(12) The Attorney General may, in the discretion of the Attorney General for humanitarian
purposes or to assure family unity, waive application of clause (i) of subsection (a)(6)(F) of this
section—
(A) in the case of an alien lawfully admitted
for permanent residence who temporarily proceeded abroad voluntarily and not under an
order of deportation or removal and who is
otherwise admissible to the United States as a
returning resident under section 1181(b) of this
title, and
(B) in the case of an alien seeking admission
or adjustment of status under section
1151(b)(2)(A) of this title or under section
1153(a) of this title,
if no previous civil money penalty was imposed
against the alien under section 1324c of this title
and the offense was committed solely to assist,
aid, or support the alien’s spouse or child (and
not another individual). No court shall have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this
paragraph.
(13)(A) The Secretary of Homeland Security
shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant
described in section 1101(a)(15)(T) of this title,
except that the ground for inadmissibility described in subsection (a)(4) of this section shall
not apply with respect to such a nonimmigrant.
(B) In addition to any other waiver that may
be available under this section, in the case of a
nonimmigrant described in section 1101(a)(15)(T)
5 So

in original.

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TITLE 8—ALIENS AND NATIONALITY

of this title, if the Secretary of Homeland Security considers it to be in the national interest to
do so, the Secretary of Homeland Security, in
the Attorney General’s 6 discretion, may waive
the application of—
(i) subsection (a)(1) of this section; and
(ii) any other provision of subsection (a) of
this section (excluding paragraphs (3), (4),
(10)(C), and (10(E)) 7 if the activities rendering
the alien inadmissible under the provision
were caused by, or were incident to, the victimization
described
in
section
1101(a)(15)(T)(i)(I) of this title.
(14) The Secretary of Homeland Security shall
determine whether a ground of inadmissibility
exists with respect to a nonimmigrant described
in section 1101(a)(15)(U) of this title. The Secretary of Homeland Security, in the Attorney
General’s 6 discretion, may waive the application
of subsection (a) of this section (other than
paragraph (3)(E)) in the case of a nonimmigrant
described in section 1101(a)(15)(U) of this title, if
the Secretary of Homeland Security considers it
to be in the public or national interest to do so.
(e) Educational visitor status; foreign residence
requirement; waiver
No person admitted under section 1101(a)(15)(J)
of this title or acquiring such status after admission (i) whose participation in the program
for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the
United States or by the government of the country of his nationality or his last residence, (ii)
who at the time of admission or acquisition of
status under section 1101(a)(15)(J) of this title
was a national or resident of a country which
the Director of the United States Information
Agency, pursuant to regulations prescribed by
him, had designated as clearly requiring the
services of persons engaged in the field of specialized knowledge or skill in which the alien
was engaged, or (iii) who came to the United
States or acquired such status in order to receive graduate medical education or training,
shall be eligible to apply for an immigrant visa,
or for permanent residence, or for a nonimmigrant visa under section 1101(a)(15)(H) or
section 1101(a)(15)(L) of this title until it is established that such person has resided and been
physically present in the country of his nationality or his last residence for an aggregate of at
least two years following departure from the
United States: Provided, That upon the favorable
recommendation of the Director, pursuant to
the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of
a State Department of Public Health, or its
equivalent), or of the Commissioner of Immigration and Naturalization after he has determined
that departure from the United States would
impose exceptional hardship upon the alien’s
spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident
alien), or that the alien cannot return to the
country of his nationality or last residence be6 So
7 So

in original. Probably should be ‘‘Secretary’s’’.
in original. Probably should be ‘‘(10)(E))’’.

§ 1182

cause he would be subject to persecution on account of race, religion, or political opinion, the
Attorney General may waive the requirement of
such two-year foreign residence abroad in the
case of any alien whose admission to the United
States is found by the Attorney General to be in
the public interest except that in the case of a
waiver requested by a State Department of Public Health, or its equivalent, or in the case of a
waiver requested by an interested United States
Government agency on behalf of an alien described in clause (iii), the waiver shall be subject
to the requirements of section 1184(l) of this
title: And provided further, That, except in the
case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year
foreign residence requirement in any case in
which the foreign country of the alien’s nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of
any aliens or of any class of aliens into the
United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any
class of aliens as immigrants or nonimmigrants,
or impose on the entry of aliens any restrictions
he may deem to be appropriate. Whenever the
Attorney General finds that a commercial airline has failed to comply with regulations of the
Attorney General relating to requirements of
airlines for the detection of fraudulent documents used by passengers traveling to the
United States (including the training of personnel in such detection), the Attorney General
may suspend the entry of some or all aliens
transported to the United States by such airline.
(g) Bond and conditions for admission of alien
inadmissible on health-related grounds
The Attorney General may waive the application of—
(1) subsection (a)(1)(A)(i) in the case of any
alien who—
(A) is the spouse or the unmarried son or
daughter, or the minor unmarried lawfully
adopted child, of a United States citizen, or
of an alien lawfully admitted for permanent
residence, or of an alien who has been issued
an immigrant visa,
(B) has a son or daughter who is a United
States citizen, or an alien lawfully admitted
for permanent residence, or an alien who has
been issued an immigrant visa; or
(C) is a VAWA self-petitioner,
in accordance with such terms, conditions, and
controls, if any, including the giving of bond,
as the Attorney General, in the discretion of
the Attorney General after consultation with
the Secretary of Health and Human Services,
may by regulation prescribe;
(2) subsection (a)(1)(A)(ii) of this section in
the case of any alien—
(A) who receives vaccination against the
vaccine-preventable disease or diseases for

§ 1182

TITLE 8—ALIENS AND NATIONALITY

which the alien has failed to present documentation of previous vaccination,
(B) for whom a civil surgeon, medical officer, or panel physician (as those terms are
defined by section 34.2 of title 42 of the Code
of Federal Regulations) certifies, according
to such regulations as the Secretary of
Health and Human Services may prescribe,
that such vaccination would not be medically appropriate, or
(C) under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a
vaccination would be contrary to the alien’s
religious beliefs or moral convictions; or
(3) subsection (a)(1)(A)(iii) of this section in
the case of any alien, in accordance with such
terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General
after consultation with the Secretary of
Health and Human Services, may by regulation prescribe.
(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B),
(D), and (E)
The Attorney General may, in his discretion,
waive the application of subparagraphs (A)(i)(I),
(B), (D), and (E) of subsection (a)(2) of this section and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of
simple possession of 30 grams or less of marijuana if—
(1)(A) in the case of any immigrant it is established to the satisfaction of the Attorney
General that—
(i) the alien is inadmissible only under
subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien
is inadmissible occurred more than 15 years
before the date of the alien’s application for
a visa, admission, or adjustment of status,
(ii) the admission to the United States of
such alien would not be contrary to the national welfare, safety, or security of the
United States, and
(iii) the alien has been rehabilitated; or
(B) in the case of an immigrant who is the
spouse, parent, son, or daughter of a citizen of
the United States or an alien lawfully admitted for permanent residence if it is established
to the satisfaction of the Attorney General
that the alien’s denial of admission would result in extreme hardship to the United States
citizen or lawfully resident spouse, parent,
son, or daughter of such alien; or
(C) the alien is a VAWA self-petitioner; and
(2) the Attorney General, in his discretion,
and pursuant to such terms, conditions and
procedures as he may by regulations prescribe,
has consented to the alien’s applying or reapplying for a visa, for admission to the United
States, or adjustment of status.
No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts
that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.
No waiver shall be granted under this subsection

Page 134

in the case of an alien who has previously been
admitted to the United States as an alien lawfully admitted for permanent residence if either
since the date of such admission the alien has
been convicted of an aggravated felony or the
alien has not lawfully resided continuously in
the United States for a period of not less than 7
years immediately preceding the date of initiation of proceedings to remove the alien from
the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.
(i) Admission of immigrant inadmissible for
fraud or willful misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) of this
section in the case of an immigrant who is the
spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of
admission to the United States of such immigrant alien would result in extreme hardship to
the citizen or lawfully resident spouse or parent
of such an alien or, in the case of a VAWA selfpetitioner, the alien demonstrates extreme
hardship to the alien or the alien’s United
States citizen, lawful permanent resident, or
qualified alien parent or child.
(2) No court shall have jurisdiction to review
a decision or action of the Attorney General regarding a waiver under paragraph (1).
(j) Limitation on immigration of foreign medical
graduates
(1) The additional requirements referred to in
section 1101(a)(15)(J) of this title for an alien
who is coming to the United States under a program under which he will receive graduate medical education or training are as follows:
(A) A school of medicine or of one of the
other health professions, which is accredited
by a body or bodies approved for the purpose
by the Secretary of Education, has agreed in
writing to provide the graduate medical education or training under the program for
which the alien is coming to the United States
or to assume responsibility for arranging for
the provision thereof by an appropriate public
or nonprofit private institution or agency, except that, in the case of such an agreement by
a school of medicine, any one or more of its affiliated hospitals which are to participate in
the provision of the graduate medical education or training must join in the agreement.
(B) Before making such agreement, the accredited school has been satisfied that the
alien (i) is a graduate of a school of medicine
which is accredited by a body or bodies approved for the purpose by the Secretary of
Education (regardless of whether such school
of medicine is in the United States); or (ii)(I)
has passed parts I and II of the National Board
of Medical Examiners Examination (or an
equivalent examination as determined by the
Secretary of Health and Human Services), (II)
has competency in oral and written English,
(III) will be able to adapt to the educational

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TITLE 8—ALIENS AND NATIONALITY

and cultural environment in which he will be
receiving his education or training, and (IV)
has adequate prior education and training to
participate satisfactorily in the program for
which he is coming to the United States. For
the purposes of this subparagraph, an alien
who is a graduate of a medical school shall be
considered to have passed parts I and II of the
National Board of Medical Examiners examination if the alien was fully and permanently
licensed to practice medicine in a State on
January 9, 1978, and was practicing medicine
in a State on that date.
(C) The alien has made a commitment to return to the country of his nationality or last
residence upon completion of the education or
training for which he is coming to the United
States, and the government of the country of
his nationality or last residence has provided
a written assurance, satisfactory to the Secretary of Health and Human Services, that
there is a need in that country for persons
with the skills the alien will acquire in such
education or training.
(D) The duration of the alien’s participation
in the program of graduate medical education
or training for which the alien is coming to
the United States is limited to the time typically required to complete such program, as
determined by the Director of the United
States Information Agency at the time of the
alien’s admission into the United States,
based on criteria which are established in coordination with the Secretary of Health and
Human Services and which take into consideration the published requirements of the medical specialty board which administers such
education or training program; except that—
(i) such duration is further limited to
seven years unless the alien has demonstrated to the satisfaction of the Director
that the country to which the alien will return at the end of such specialty education
or training has an exceptional need for an
individual trained in such specialty, and
(ii) the alien may, once and not later than
two years after the date the alien is admitted to the United States as an exchange visitor or acquires exchange visitor status,
change the alien’s designated program of
graduate medical education or training if
the Director approves the change and if a
commitment and written assurance with respect to the alien’s new program have been
provided in accordance with subparagraph
(C).
(E) The alien furnishes the Attorney General
each year with an affidavit (in such form as
the Attorney General shall prescribe) that attests that the alien (i) is in good standing in
the program of graduate medical education or
training in which the alien is participating,
and (ii) will return to the country of his nationality or last residence upon completion of
the education or training for which he came to
the United States.
(2) An alien who is a graduate of a medical
school and who is coming to the United States
to perform services as a member of the medical
profession may not be admitted as a non-

§ 1182

immigrant under section 1101(a)(15)(H)(i)(b) of
this title unless—
(A) the alien is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in
the United States to teach or conduct research, or both, at or for such institution or
agency, or
(B)(i) the alien has passed the Federation licensing examination (administered by the
Federation of State Medical Boards of the
United States) or an equivalent examination
as determined by the Secretary of Health and
Human Services, and
(ii)(I) has competency in oral and written
English or (II) is a graduate of a school of
medicine which is accredited by a body or bodies approved for the purpose by the Secretary
of Education (regardless of whether such
school of medicine is in the United States).
(3) Omitted.
(k) Attorney General’s discretion to admit otherwise inadmissible aliens who possess immigrant visas
Any alien, inadmissible from the United
States under paragraph (5)(A) or (7)(A)(i) of subsection (a) of this section, who is in possession
of an immigrant visa may, if otherwise admissible, be admitted in the discretion of the Attorney General if the Attorney General is satisfied
that inadmissibility was not known to, and
could not have been ascertained by the exercise
of reasonable diligence by, the immigrant before
the time of departure of the vessel or aircraft
from the last port outside the United States and
outside foreign contiguous territory or, in the
case of an immigrant coming from foreign contiguous territory, before the time of the immigrant’s application for admission.
(l) Guam and Northern Mariana Islands visa
waiver program
(1) In general
The requirement of subsection (a)(7)(B)(i)
may be waived by the Secretary of Homeland
Security, in the case of an alien applying for
admission as a nonimmigrant visitor for business or pleasure and solely for entry into and
stay in Guam or the Commonwealth of the
Northern Mariana Islands for a period not to
exceed 45 days, if the Secretary of Homeland
Security, after consultation with the Secretary of the Interior, the Secretary of State,
the Governor of Guam and the Governor of the
Commonwealth of the Northern Mariana Islands, determines that—
(A) an adequate arrival and departure control system has been developed in Guam and
the Commonwealth of the Northern Mariana
Islands; and
(B) such a waiver does not represent a
threat to the welfare, safety, or security of
the United States or its territories and commonwealths.
(2) Alien waiver of rights
An alien may not be provided a waiver under
this subsection unless the alien has waived
any right—
(A) to review or appeal under this chapter
an immigration officer’s determination as to

§ 1182

TITLE 8—ALIENS AND NATIONALITY

the admissibility of the alien at the port of
entry into Guam or the Commonwealth of
the Northern Mariana Islands; or
(B) to contest, other than on the basis of
an application for withholding of removal
under section 1231(b)(3) of this title or under
the Convention Against Torture, or an application for asylum if permitted under section
1158 of this title, any action for removal of
the alien.
(3) Regulations
All necessary regulations to implement this
subsection shall be promulgated by the Secretary of Homeland Security, in consultation
with the Secretary of the Interior and the Secretary of State, on or before the 180th day
after May 8, 2008. The promulgation of such
regulations shall be considered a foreign affairs function for purposes of section 553(a) of
title 5. At a minimum, such regulations should
include, but not necessarily be limited to—
(A) a listing of all countries whose nationals may obtain the waiver also provided by
this subsection, except that such regulations
shall provide for a listing of any country
from which the Commonwealth has received
a significant economic benefit from the
number of visitors for pleasure within the
one-year period preceding May 8, 2008, unless
the Secretary of Homeland Security determines that such country’s inclusion on such
list would represent a threat to the welfare,
safety, or security of the United States or
its territories; and
(B) any bonding requirements for nationals of some or all of those countries who
may present an increased risk of overstays
or other potential problems, if different from
such requirements otherwise provided by
law for nonimmigrant visitors.
(4) Factors
In determining whether to grant or continue
providing the waiver under this subsection to
nationals of any country, the Secretary of
Homeland Security, in consultation with the
Secretary of the Interior and the Secretary of
State, shall consider all factors that the Secretary deems relevant, including electronic
travel authorizations, procedures for reporting
lost and stolen passports, repatriation of
aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange.
(5) Suspension
The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and the Commonwealth of the
Northern Mariana Islands under this subsection. If the Secretary determines that such
admissions have resulted in an unacceptable
number of visitors from a country remaining
unlawfully in Guam or the Commonwealth of
the Northern Mariana Islands, unlawfully obtaining entry to other parts of the United
States, or seeking withholding of removal or
asylum, or that visitors from a country pose a
risk to law enforcement or security interests
of Guam or the Commonwealth of the Northern Mariana Islands or of the United States

Page 136

(including the interest in the enforcement of
the immigration laws of the United States),
the Secretary shall suspend the admission of
nationals of such country under this subsection. The Secretary of Homeland Security
may in the Secretary’s discretion suspend the
Guam and Northern Mariana Islands visa
waiver program at any time, on a country-bycountry basis, for other good cause.
(6) Addition of countries
The Governor of Guam and the Governor of
the Commonwealth of the Northern Mariana
Islands may request the Secretary of the Interior and the Secretary of Homeland Security
to add a particular country to the list of countries whose nationals may obtain the waiver
provided by this subsection, and the Secretary
of Homeland Security may grant such request
after consultation with the Secretary of the
Interior and the Secretary of State, and may
promulgate regulations with respect to the inclusion of that country and any special requirements the Secretary of Homeland Security, in the Secretary’s sole discretion, may
impose prior to allowing nationals of that
country to obtain the waiver provided by this
subsection.
(m) Requirements for admission of nonimmigrant nurses
(1) The qualifications referred to in section
1101(a)(15)(H)(i)(c) of this title, with respect to
an alien who is coming to the United States to
perform nursing services for a facility, are that
the alien—
(A) has obtained a full and unrestricted license to practice professional nursing in the
country where the alien obtained nursing education or has received nursing education in
the United States;
(B) has passed an appropriate examination
(recognized in regulations promulgated in consultation with the Secretary of Health and
Human Services) or has a full and unrestricted
license under State law to practice professional nursing in the State of intended employment; and
(C) is fully qualified and eligible under the
laws (including such temporary or interim licensing requirements which authorize the
nurse to be employed) governing the place of
intended employment to engage in the practice of professional nursing as a registered
nurse immediately upon admission to the
United States and is authorized under such
laws to be employed by the facility.
(2)(A) The attestation referred to in section
1101(a)(15)(H)(i)(c) of this title, with respect to a
facility for which an alien will perform services,
is an attestation as to the following:
(i) The facility meets all the requirements of
paragraph (6).
(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed.
(iii) The alien employed by the facility will
be paid the wage rate for registered nurses
similarly employed by the facility.
(iv) The facility has taken and is taking
timely and significant steps designed to re-

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TITLE 8—ALIENS AND NATIONALITY

cruit and retain sufficient registered nurses
who are United States citizens or immigrants
who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on
nonimmigrant registered nurses.
(v) There is not a strike or lockout in the
course of a labor dispute, the facility did not
lay off and will not lay off a registered nurse
employed by the facility within the period beginning 90 days before and ending 90 days after
the date of filing of any visa petition, and the
employment of such an alien is not intended
or designed to influence an election for a bargaining representative for registered nurses of
the facility.
(vi) At the time of the filing of the petition
for
registered
nurses
under
section
1101(a)(15)(H)(i)(c) of this title, notice of the
filing has been provided by the facility to the
bargaining representative of the registered
nurses at the facility or, where there is no
such bargaining representative, notice of the
filing has been provided to the registered
nurses employed at the facility through posting in conspicuous locations.
(vii) The facility will not, at any time, employ a number of aliens issued visas or otherwise provided nonimmigrant status under section 1101(a)(15)(H)(i)(c) of this title that exceeds 33 percent of the total number of registered nurses employed by the facility.
(viii) The facility will not, with respect to
any alien issued a visa or otherwise provided
nonimmigrant
status
under
section
1101(a)(15)(H)(i)(c) of this title—
(I) authorize the alien to perform nursing
services at any worksite other than a worksite controlled by the facility; or
(II) transfer the place of employment of
the alien from one worksite to another.
Nothing in clause (iv) shall be construed as requiring a facility to have taken significant
steps described in such clause before November 12, 1999. A copy of the attestation shall be
provided, within 30 days of the date of filing,
to registered nurses employed at the facility
on the date of filing.
(B) For purposes of subparagraph (A)(iv), each
of the following shall be considered a significant
step reasonably designed to recruit and retain
registered nurses:
(i) Operating a training program for registered nurses at the facility or financing (or
providing participation in) a training program
for registered nurses elsewhere.
(ii) Providing career development programs
and other methods of facilitating health care
workers to become registered nurses.
(iii) Paying registered nurses wages at a rate
higher than currently being paid to registered
nurses similarly employed in the geographic
area.
(iv) Providing reasonable opportunities for
meaningful salary advancement by registered
nurses.
The steps described in this subparagraph shall
not be considered to be an exclusive list of the
significant steps that may be taken to meet the
conditions of subparagraph (A)(iv). Nothing in

§ 1182

this subparagraph shall require a facility to
take more than one step if the facility can demonstrate that taking a second step is not reasonable.
(C) Subject to subparagraph (E), an attestation under subparagraph (A)—
(i) shall expire on the date that is the later
of—
(I) the end of the one-year period beginning on the date of its filing with the Secretary of Labor; or
(II) the end of the period of admission
under section 1101(a)(15)(H)(i)(c) of this title
of the last alien with respect to whose admission it was applied (in accordance with
clause (ii)); and
(ii) shall apply to petitions filed during the
one-year period beginning on the date of its
filing with the Secretary of Labor if the facility states in each such petition that it continues to comply with the conditions in the attestation.
(D) A facility may meet the requirements
under this paragraph with respect to more than
one registered nurse in a single petition.
(E)(i) The Secretary of Labor shall compile
and make available for public examination in a
timely manner in Washington, D.C., a list identifying facilities which have filed petitions for
nonimmigrants under section 1101(a)(15)(H)(i)(c)
of this title and, for each such facility, a copy of
the facility’s attestation under subparagraph
(A) (and accompanying documentation) and each
such petition filed by the facility.
(ii) The Secretary of Labor shall establish a
process, including reasonable time limits, for
the receipt, investigation, and disposition of
complaints respecting a facility’s failure to
meet conditions attested to or a facility’s misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved
person or organization (including bargaining
representatives, associations deemed appropriate by the Secretary, and other aggrieved
parties as determined under regulations of the
Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet
conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed.
(iii) Under such process, the Secretary shall
provide, within 180 days after the date such a
complaint is filed, for a determination as to
whether or not a basis exists to make a finding
described in clause (iv). If the Secretary determines that such a basis exists, the Secretary
shall provide for notice of such determination to
the interested parties and an opportunity for a
hearing on the complaint within 60 days of the
date of the determination.
(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed
to meet a condition attested to or that there
was a misrepresentation of material fact in the
attestation, the Secretary shall notify the Attorney General of such finding and may, in addi-

§ 1182

TITLE 8—ALIENS AND NATIONALITY

tion, impose such other administrative remedies
(including civil monetary penalties in an
amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000
per violation) as the Secretary determines to be
appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed
with respect to a facility during a period of at
least one year for nurses to be employed by the
facility.
(v) In addition to the sanctions provided for
under clause (iv), if the Secretary of Labor finds,
after notice and an opportunity for a hearing,
that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to
payment of registered nurses at the prevailing
wage rate), the Secretary shall order the facility
to provide for payment of such amounts of back
pay as may be required to comply with such condition.
(F)(i) The Secretary of Labor shall impose on
a facility filing an attestation under subparagraph (A) a filing fee, in an amount prescribed
by the Secretary based on the costs of carrying
out the Secretary’s duties under this subsection,
but not exceeding $250.
(ii) Fees collected under this subparagraph
shall be deposited in a fund established for this
purpose in the Treasury of the United States.
(iii) The collected fees in the fund shall be
available to the Secretary of Labor, to the extent and in such amounts as may be provided in
appropriations Acts, to cover the costs described
in clause (i), in addition to any other funds that
are available to the Secretary to cover such
costs.
(3) The period of admission of an alien under
section 1101(a)(15)(H)(i)(c) of this title shall be 3
years.
(4) The total number of nonimmigrant visas issued pursuant to petitions granted under section
1101(a)(15)(H)(i)(c) of this title in each fiscal year
shall not exceed 500. The number of such visas
issued for employment in each State in each fiscal year shall not exceed the following:
(A) For States with populations of less than
9,000,000, based upon the 1990 decennial census
of population, 25 visas.
(B) For States with populations of 9,000,000
or more, based upon the 1990 decennial census
of population, 50 visas.
(C) If the total number of visas available
under this paragraph for a fiscal year quarter
exceeds the number of qualified nonimmigrants who may be issued such visas during
those quarters, the visas made available under
this paragraph shall be issued without regard
to the numerical limitation under subparagraph (A) or (B) of this paragraph during the
last fiscal year quarter.
(5) A facility that has filed a petition under
section 1101(a)(15)(H)(i)(c) of this title to employ
a nonimmigrant to perform nursing services for
the facility—
(A) shall provide the nonimmigrant a wage
rate and working conditions commensurate
with those of nurses similarly employed by
the facility;
(B) shall require the nonimmigrant to work
hours commensurate with those of nurses
similarly employed by the facility; and

Page 138

(C) shall not interfere with the right of the
nonimmigrant to join or organize a union.
(6) For purposes of this subsection and section
1101(a)(15)(H)(i)(c) of this title, the term ‘‘facility’’ means a subsection (d) hospital (as defined
in section 1886(d)(1)(B) of the Social Security
Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the
following requirements:
(A) As of March 31, 1997, the hospital was located in a health professional shortage area
(as defined in section 254e of title 42).
(B) Based on its settled cost report filed
under title XVIII of the Social Security Act
[42 U.S.C. 1395 et seq.] for its cost reporting period beginning during fiscal year 1994—
(i) the hospital has not less than 190 licensed acute care beds;
(ii) the number of the hospital’s inpatient
days for such period which were made up of
patients who (for such days) were entitled to
benefits under part A of such title [42 U.S.C.
1395c et seq.] is not less than 35 percent of
the total number of such hospital’s acute
care inpatient days for such period; and
(iii) the number of the hospital’s inpatient
days for such period which were made up of
patients who (for such days) were eligible for
medical assistance under a State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], is not less
than 28 percent of the total number of such
hospital’s acute care inpatient days for such
period.
(7) For purposes of paragraph (2)(A)(v), the
term ‘‘lay off’’, with respect to a worker—
(A) means to cause the worker’s loss of employment, other than through a discharge for
inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant
or contract; but
(B) does not include any situation in which
the worker is offered, as an alternative to such
loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than
the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.
Nothing in this paragraph is intended to limit
an employee’s or an employer’s rights under a
collective bargaining agreement or other employment contract.
(n) Labor condition application
(1) No alien may be admitted or provided
status as an H–1B nonimmigrant in an occupational classification unless the employer has
filed with the Secretary of Labor an application
stating the following:
(A) The employer—
(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H–1B nonimmigrant wages that are at least—
(I) the actual wage level paid by the employer to all other individuals with similar
experience and qualifications for the specific employment in question, or
(II) the prevailing wage level for the occupational classification in the area of employment,

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TITLE 8—ALIENS AND NATIONALITY

whichever is greater, based on the best information available as of the time of filing the
application, and
(ii) will provide working conditions for
such a nonimmigrant that will not adversely
affect the working conditions of workers
similarly employed.
(B) There is not a strike or lockout in the
course of a labor dispute in the occupational
classification at the place of employment.
(C) The employer, at the time of filing the
application—
(i) has provided notice of the filing under
this paragraph to the bargaining representative (if any) of the employer’s employees in
the occupational classification and area for
which aliens are sought, or
(ii) if there is no such bargaining representative, has provided notice of filing in
the occupational classification through such
methods as physical posting in conspicuous
locations at the place of employment or
electronic notification to employees in the
occupational classification for which H–1B
nonimmigrants are sought.
(D) The application shall contain a specification of the number of workers sought, the occupational classification in which the workers
will be employed, and wage rate and conditions under which they will be employed.
(E)(i) In the case of an application described
in clause (ii), the employer did not displace
and will not displace a United States worker
(as defined in paragraph (4)) employed by the
employer within the period beginning 90 days
before and ending 90 days after the date of filing of any visa petition supported by the application.
(ii) An application described in this clause is
an application filed on or after the date final
regulations are first promulgated to carry out
this subparagraph, and before 8 by an H–1B-dependent employer (as defined in paragraph (3))
or by an employer that has been found, on or
after October 21, 1998, under paragraph (2)(C)
or (5) to have committed a willful failure or
misrepresentation during the 5-year period
preceding the filing of the application. An application is not described in this clause if the
only H–1B nonimmigrants sought in the application are exempt H–1B nonimmigrants.
(F) In the case of an application described in
subparagraph (E)(ii), the employer will not
place the nonimmigrant with another employer (regardless of whether or not such other
employer is an H–1B-dependent employer)
where—
(i) the nonimmigrant performs duties in
whole or in part at one or more worksites
owned, operated, or controlled by such other
employer; and
(ii) there are indicia of an employment relationship between the nonimmigrant and
such other employer;
unless the employer has inquired of the other
employer as to whether, and has no knowledge
that, within the period beginning 90 days before and ending 90 days after the date of the
8 So

in original.

§ 1182

placement of the nonimmigrant with the other
employer, the other employer has displaced or
intends to displace a United States worker
employed by the other employer.
(G)(i) In the case of an application described
in subparagraph (E)(ii), subject to clause (ii),
the employer, prior to filing the application—
(I) has taken good faith steps to recruit, in
the United States using procedures that
meet industry-wide standards and offering
compensation that is at least as great as
that required to be offered to H–1B nonimmigrants under subparagraph (A), United
States workers for the job for which the nonimmigrant or nonimmigrants is or are
sought; and
(II) has offered the job to any United
States worker who applies and is equally or
better qualified for the job for which the
nonimmigrant or nonimmigrants is or are
sought.
(ii) The conditions described in clause (i)
shall not apply to an application filed with respect to the employment of an H–1B nonimmigrant who is described in subparagraph
(A), (B), or (C) of section 1153(b)(1) of this title.
The employer shall make available for public
examination, within one working day after the
date on which an application under this paragraph is filed, at the employer’s principal place
of business or worksite, a copy of each such application (and such accompanying documents as
are necessary). The Secretary shall compile, on
a current basis, a list (by employer and by occupational classification) of the applications filed
under this subsection. Such list shall include
the wage rate, number of aliens sought, period
of intended employment, and date of need. The
Secretary shall make such list available for public examination in Washington, D.C. The Secretary of Labor shall review such an application
only for completeness and obvious inaccuracies.
Unless the Secretary finds that the application
is incomplete or obviously inaccurate, the Secretary shall provide the certification described
in section 1101(a)(15)(H)(i)(b) of this title within
7 days of the date of the filing of the application. The application form shall include a clear
statement explaining the liability under subparagraph (F) of a placing employer if the other
employer described in such subparagraph displaces a United States worker as described in
such subparagraph. Nothing in subparagraph (G)
shall be construed to prohibit an employer from
using legitimate selection criteria relevant to
the job that are normal or customary to the
type of job involved, so long as such criteria are
not applied in a discriminatory manner.
(2)(A) Subject to paragraph (5)(A), the Secretary shall establish a process for the receipt,
investigation, and disposition of complaints respecting a petitioner’s failure to meet a condition specified in an application submitted under
paragraph (1) or a petitioner’s misrepresentation
of material facts in such an application. Complaints may be filed by any aggrieved person or
organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was

§ 1182

TITLE 8—ALIENS AND NATIONALITY

filed not later than 12 months after the date of
the failure or misrepresentation, respectively.
The Secretary shall conduct an investigation
under this paragraph if there is reasonable cause
to believe that such a failure or misrepresentation has occurred.
(B) Under such process, the Secretary shall
provide, within 30 days after the date such a
complaint is filed, for a determination as to
whether or not a reasonable basis exists to make
a finding described in subparagraph (C). If the
Secretary determines that such a reasonable
basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the
complaint, in accordance with section 556 of
title 5, within 60 days after the date of the determination. If such a hearing is requested, the
Secretary shall make a finding concerning the
matter by not later than 60 days after the date
of the hearing. In the case of similar complaints
respecting the same applicant, the Secretary
may consolidate the hearings under this subparagraph on such complaints.
(C)(i) If the Secretary finds, after notice and
opportunity for a hearing, a failure to meet a
condition of paragraph (1)(B), (1)(E), or (1)(F), a
substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an application—
(I) the Secretary shall notify the Attorney
General of such finding and may, in addition,
impose such other administrative remedies
(including civil monetary penalties in an
amount not to exceed $1,000 per violation) as
the Secretary determines to be appropriate;
and
(II) the Attorney General shall not approve
petitions filed with respect to that employer
under section 1154 or 1184(c) of this title during
a period of at least 1 year for aliens to be employed by the employer.
(ii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet
a condition of paragraph (1), a willful misrepresentation of material fact in an application, or
a violation of clause (iv)—
(I) the Secretary shall notify the Attorney
General of such finding and may, in addition,
impose such other administrative remedies
(including civil monetary penalties in an
amount not to exceed $5,000 per violation) as
the Secretary determines to be appropriate;
and
(II) the Attorney General shall not approve
petitions filed with respect to that employer
under section 1154 or 1184(c) of this title during
a period of at least 2 years for aliens to be employed by the employer.
(iii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet
a condition of paragraph (1) or a willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced a United
States worker employed by the employer within
the period beginning 90 days before and ending
90 days after the date of filing of any visa petition supported by the application—
(I) the Secretary shall notify the Attorney
General of such finding and may, in addition,

Page 140

impose such other administrative remedies
(including civil monetary penalties in an
amount not to exceed $35,000 per violation) as
the Secretary determines to be appropriate;
and
(II) the Attorney General shall not approve
petitions filed with respect to that employer
under section 1154 or 1184(c) of this title during
a period of at least 3 years for aliens to be employed by the employer.
(iv) It is a violation of this clause for an employer who has filed an application under this
subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which
term, for purposes of this clause, includes a
former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person,
that the employee reasonably believes evidences
a violation of this subsection, or any rule or regulation pertaining to this subsection, or because
the employee cooperates or seeks to cooperate
in an investigation or other proceeding concerning the employer’s compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection.
(v) The Secretary of Labor and the Attorney
General shall devise a process under which an
H–1B nonimmigrant who files a complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the United
States may be allowed to seek other appropriate
employment in the United States for a period
not to exceed the maximum period of stay authorized for such nonimmigrant classification.
(vi)(I) It is a violation of this clause for an employer who has filed an application under this
subsection to require an H–1B nonimmigrant to
pay a penalty for ceasing employment with the
employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary
shall determine whether a required payment is a
penalty (and not liquidated damages) pursuant
to relevant State law.
(II) It is a violation of this clause for an employer who has filed an application under this
subsection to require an alien who is the subject
of a petition filed under section 1184(c)(1) of this
title, for which a fee is imposed under section
1184(c)(9) of this title, to reimburse, or otherwise
compensate, the employer for part or all of the
cost of such fee. It is a violation of this clause
for such an employer otherwise to accept such
reimbursement or compensation from such an
alien.
(III) If the Secretary finds, after notice and opportunity for a hearing, that an employer has
committed a violation of this clause, the Secretary may impose a civil monetary penalty of
$1,000 for each such violation and issue an administrative order requiring the return to the
nonimmigrant of any amount paid in violation
of this clause, or, if the nonimmigrant cannot be
located, requiring payment of any such amount
to the general fund of the Treasury.
(vii)(I) It is a failure to meet a condition of
paragraph (1)(A) for an employer, who has filed
an application under this subsection and who
places an H–1B nonimmigrant designated as a
full-time employee on the petition filed under

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TITLE 8—ALIENS AND NATIONALITY

section 1184(c)(1) of this title by the employer
with respect to the nonimmigrant, after the
nonimmigrant has entered into employment
with the employer, in nonproductive status due
to a decision by the employer (based on factors
such as lack of work), or due to the nonimmigrant’s lack of a permit or license, to fail to pay
the nonimmigrant full-time wages in accordance
with paragraph (1)(A) for all such nonproductive
time.
(II) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an
application under this subsection and who
places an H–1B nonimmigrant designated as a
part-time employee on the petition filed under
section 1184(c)(1) of this title by the employer
with respect to the nonimmigrant, after the
nonimmigrant has entered into employment
with the employer, in nonproductive status
under circumstances described in subclause (I),
to fail to pay such a nonimmigrant for such
hours as are designated on such petition consistent with the rate of pay identified on such petition.
(III) In the case of an H–1B nonimmigrant who
has not yet entered into employment with an
employer who has had approved an application
under this subsection, and a petition under section 1184(c)(1) of this title, with respect to the
nonimmigrant, the provisions of subclauses (I)
and (II) shall apply to the employer beginning 30
days after the date the nonimmigrant first is admitted into the United States pursuant to the
petition, or 60 days after the date the nonimmigrant becomes eligible to work for the employer (in the case of a nonimmigrant who is
present in the United States on the date of the
approval of the petition).
(IV) This clause does not apply to a failure to
pay wages to an H–1B nonimmigrant for nonproductive time due to non-work-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work.
(V) This clause shall not be construed as prohibiting an employer that is a school or other
educational institution from applying to an
H–1B nonimmigrant an established salary practice of the employer, under which the employer
pays to H–1B nonimmigrants and United States
workers in the same occupational classification
an annual salary in disbursements over fewer
than 12 months, if—
(aa) the nonimmigrant agrees to the compressed annual salary payments prior to the
commencement of the employment; and
(bb) the application of the salary practice to
the nonimmigrant does not otherwise cause
the nonimmigrant to violate any condition of
the nonimmigrant’s authorization under this
chapter to remain in the United States.
(VI) This clause shall not be construed as superseding clause (viii).
(viii) It is a failure to meet a condition of
paragraph (1)(A) for an employer who has filed
an application under this subsection to fail to
offer to an H–1B nonimmigrant, during the nonimmigrant’s period of authorized employment,
benefits and eligibility for benefits (including
the opportunity to participate in health, life,
disability, and other insurance plans; the oppor-

§ 1182

tunity to participate in retirement and savings
plans; and cash bonuses and noncash compensation, such as stock options (whether or not
based on performance)) on the same basis, and in
accordance with the same criteria, as the employer offers to United States workers.
(D) If the Secretary finds, after notice and opportunity for a hearing, that an employer has
not paid wages at the wage level specified under
the application and required under paragraph
(1), the Secretary shall order the employer to
provide for payment of such amounts of back
pay as may be required to comply with the requirements of paragraph (1), whether or not a
penalty under subparagraph (C) has been imposed.
(E) If an H–1B-dependent employer places a
nonexempt H–1B nonimmigrant with another
employer as provided under paragraph (1)(F) and
the other employer has displaced or displaces a
United States worker employed by such other
employer during the period described in such
paragraph, such displacement shall be considered for purposes of this paragraph a failure, by
the placing employer, to meet a condition specified in an application submitted under paragraph (1); except that the Attorney General may
impose a sanction described in subclause (II) of
subparagraph (C)(i), (C)(ii), or (C)(iii) only if the
Secretary of Labor found that such placing employer—
(i) knew or had reason to know of such displacement at the time of the placement of the
nonimmigrant with the other employer; or
(ii) has been subject to a sanction under this
subparagraph based upon a previous placement
of an H–1B nonimmigrant with the same other
employer.
(F) The Secretary may, on a case-by-case
basis, subject an employer to random investigations for a period of up to 5 years, beginning on
the date (on or after October 21, 1998) on which
the employer is found by the Secretary to have
committed a willful failure to meet a condition
of paragraph (1) (or has been found under paragraph (5) to have committed a willful failure to
meet the condition of paragraph (1)(G)(i)(II)) or
to have made a willful misrepresentation of material fact in an application. The preceding sentence shall apply to an employer regardless of
whether or not the employer is an H–1B-dependent employer. The authority of the Secretary
under this subparagraph shall not be construed
to be subject to, or limited by, the requirements
of subparagraph (A).
(G)(i) The Secretary of Labor may initiate an
investigation of any employer that employs
nonimmigrants
described
in
section
1101(a)(15)(H)(i)(b) of this title if the Secretary
of Labor has reasonable cause to believe that
the employer is not in compliance with this subsection. In the case of an investigation under
this clause, the Secretary of Labor (or the acting Secretary in the case of the absence of 9 disability of the Secretary of Labor) shall personally certify that reasonable cause exists and
shall approve commencement of the investigation. The investigation may be initiated for rea9 So

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

§ 1182

TITLE 8—ALIENS AND NATIONALITY

sons other than completeness and obvious inaccuracies by the employer in complying with this
subsection.
(ii) If the Secretary of Labor receives specific
credible information from a source who is likely
to have knowledge of an employer’s practices or
employment conditions, or an employer’s compliance with the employer’s labor condition application under paragraph (1), and whose identity is known to the Secretary of Labor, and
such information provides reasonable cause to
believe that the employer has committed a willful failure to meet a condition of paragraph
(1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I),
has engaged in a pattern or practice of failures
to meet such a condition, or has committed a
substantial failure to meet such a condition
that affects multiple employees, the Secretary
of Labor may conduct an investigation into the
alleged failure or failures. The Secretary of
Labor may withhold the identity of the source
from the employer, and the source’s identity
shall not be subject to disclosure under section
552 of title 5.
(iii) The Secretary of Labor shall establish a
procedure for any person desiring to provide to
the Secretary of Labor information described in
clause (ii) that may be used, in whole or in part,
as the basis for the commencement of an investigation described in such clause, to provide the
information in writing on a form developed and
provided by the Secretary of Labor and completed by or on behalf of the person. The person
may not be an officer or employee of the Department of Labor, unless the information satisfies
the requirement of clause (iv)(II) (although an
officer or employee of the Department of Labor
may complete the form on behalf of the person).
(iv) Any investigation initiated or approved by
the Secretary of Labor under clause (ii) shall be
based on information that satisfies the requirements of such clause and that—
(I) originates from a source other than an officer or employee of the Department of Labor;
or
(II) was lawfully obtained by the Secretary
of Labor in the course of lawfully conducting
another Department of Labor investigation
under this chapter of 9 any other Act.
(v) The receipt by the Secretary of Labor of
information submitted by an employer to the
Attorney General or the Secretary of Labor for
purposes of securing the employment of a nonimmigrant
described
in
section
1101(a)(15)(H)(i)(b) of this title shall not be considered a receipt of information for purposes of
clause (ii).
(vi) No investigation described in clause (ii)
(or hearing described in clause (viii) based on
such investigation) may be conducted with respect to information about a failure to meet a
condition described in clause (ii), unless the Secretary of Labor receives the information not
later than 12 months after the date of the alleged failure.
(vii) The Secretary of Labor shall provide notice to an employer with respect to whom there
is reasonable cause to initiate an investigation
described in clauses 10 (i) or (ii), prior to the
10 So

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

Page 142

commencement of an investigation under such
clauses, of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations
before an investigation is commenced. The Secretary of Labor is not required to comply with
this clause if the Secretary of Labor determines
that to do so would interfere with an effort by
the Secretary of Labor to secure compliance by
the employer with the requirements of this subsection. There shall be no judicial review of a
determination by the Secretary of Labor under
this clause.
(viii) An investigation under clauses 10 (i) or
(ii) may be conducted for a period of up to 60
days. If the Secretary of Labor determines after
such an investigation that a reasonable basis exists to make a finding that the employer has
committed a willful failure to meet a condition
of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or
(1)(G)(i)(I), has engaged in a pattern or practice
of failures to meet such a condition, or has committed a substantial failure to meet such a condition that affects multiple employees, the Secretary of Labor shall provide for notice of such
determination to the interested parties and an
opportunity for a hearing in accordance with
section 556 of title 5 within 120 days after the
date of the determination. If such a hearing is
requested, the Secretary of Labor shall make a
finding concerning the matter by not later than
120 days after the date of the hearing.
(H)(i) Except as provided in clauses (ii) and
(iii), a person or entity is considered to have
complied with the requirements of this subsection, notwithstanding a technical or procedural failure to meet such requirements, if there
was a good faith attempt to comply with the requirements.
(ii) Clause (i) shall not apply if—
(I) the Department of Labor (or another enforcement agency) has explained to the person
or entity the basis for the failure;
(II) the person or entity has been provided a
period of not less than 10 business days (beginning after the date of the explanation) within
which to correct the failure; and
(III) the person or entity has not corrected
the failure voluntarily within such period.
(iii) A person or entity that, in the course of
an investigation, is found to have violated the
prevailing wage requirements set forth in paragraph (1)(A), shall not be assessed fines or other
penalties for such violation if the person or entity can establish that the manner in which the
prevailing wage was calculated was consistent
with recognized industry standards and practices.
(iv) Clauses (i) and (iii) shall not apply to a
person or entity that has engaged in or is engaging in a pattern or practice of willful violations
of this subsection.
(I) Nothing in this subsection shall be construed as superseding or preempting any other
enforcement-related authority under this chapter (such as the authorities under section 1324b
of this title), or any other Act.
(3)(A) For purposes of this subsection, the
term ‘‘H–1B-dependent employer’’ means an employer that—

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TITLE 8—ALIENS AND NATIONALITY

(i)(I) has 25 or fewer full-time equivalent employees who are employed in the United
States; and (II) employs more than 7 H–1B
nonimmigrants;
(ii)(I) has at least 26 but not more than 50
full-time equivalent employees who are employed in the United States; and (II) employs
more than 12 H–1B nonimmigrants; or
(iii)(I) has at least 51 full-time equivalent
employees who are employed in the United
States; and (II) employs H–1B nonimmigrants
in a number that is equal to at least 15 percent
of the number of such full-time equivalent employees.
(B) For purposes of this subsection—
(i) the term ‘‘exempt H–1B nonimmigrant’’
means an H–1B nonimmigrant who—
(I) receives wages (including cash bonuses
and similar compensation) at an annual rate
equal to at least $60,000; or
(II) has attained a master’s or higher degree (or its equivalent) in a specialty related
to the intended employment; and
(ii) the term ‘‘nonexempt H–1B nonimmigrant’’ means an H–1B nonimmigrant
who is not an exempt H–1B nonimmigrant.
(C) For purposes of subparagraph (A)—
(i) in computing the number of full-time
equivalent employees and the number of H–1B
nonimmigrants, exempt H–1B nonimmigrants
shall not be taken into account during the
longer of—
(I) the 6-month period beginning on October 21, 1998; or
(II) the period beginning on October 21,
1998, and ending on the date final regulations
are issued to carry out this paragraph; and
(ii) any group treated as a single employer
under subsection (b), (c), (m), or (o) of section
414 of title 26 shall be treated as a single employer.
(4) For purposes of this subsection:
(A) The term ‘‘area of employment’’ means
the area within normal commuting distance of
the worksite or physical location where the
work of the H–1B nonimmigrant is or will be
performed. If such worksite or location is
within a Metropolitan Statistical Area, any
place within such area is deemed to be within
the area of employment.
(B) In the case of an application with respect
to one or more H–1B nonimmigrants by an employer, the employer is considered to ‘‘displace’’ a United States worker from a job if
the employer lays off the worker from a job
that is essentially the equivalent of the job for
which the nonimmigrant or nonimmigrants is
or are sought. A job shall not be considered to
be essentially equivalent of another job unless
it involves essentially the same responsibilities, was held by a United States worker with
substantially equivalent qualifications and experience, and is located in the same area of
employment as the other job.
(C) The term ‘‘H–1B nonimmigrant’’ means
an alien admitted or provided status as a
nonimmigrant
described
in
section
1101(a)(15)(H)(i)(b) of this title.
(D)(i) The term ‘‘lays off’’, with respect to a
worker—

§ 1182

(I) means to cause the worker’s loss of employment, other than through a discharge
for inadequate performance, violation of
workplace rules, cause, voluntary departure,
voluntary retirement, or the expiration of a
grant or contract (other than a temporary
employment contract entered into in order
to evade a condition described in subparagraph (E) or (F) of paragraph (1)); but
(II) does not include any situation in
which the worker is offered, as an alternative to such loss of employment, a similar
employment opportunity with the same employer (or, in the case of a placement of a
worker with another employer under paragraph (1)(F), with either employer described
in such paragraph) at equivalent or higher
compensation and benefits than the position
from which the employee was discharged, regardless of whether or not the employee accepts the offer.
(ii) Nothing in this subparagraph is intended
to limit an employee’s rights under a collective bargaining agreement or other employment contract.
(E) The term ‘‘United States worker’’ means
an employee who—
(i) is a citizen or national of the United
States; or
(ii) is an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under section 1157 of this title, is granted asylum under section 1158 of this title, or
is an immigrant otherwise authorized, by
this chapter or by the Attorney General, to
be employed.
(5)(A) This paragraph shall apply instead of
subparagraphs (A) through (E) of paragraph (2)
in the case of a violation described in subparagraph (B), but shall not be construed to limit or
affect the authority of the Secretary or the Attorney General with respect to any other violation.
(B) The Attorney General shall establish a
process for the receipt, initial review, and disposition in accordance with this paragraph of
complaints respecting an employer’s failure to
meet the condition of paragraph (1)(G)(i)(II) or a
petitioner’s misrepresentation of material facts
with respect to such condition. Complaints may
be filed by an aggrieved individual who has submitted a resume or otherwise applied in a reasonable manner for the job that is the subject of
the condition. No proceeding shall be conducted
under this paragraph on a complaint concerning
such a failure or misrepresentation unless the
Attorney General determines that the complaint was filed not later than 12 months after
the date of the failure or misrepresentation, respectively.
(C) If the Attorney General finds that a complaint has been filed in accordance with subparagraph (B) and there is reasonable cause to
believe that such a failure or misrepresentation
described in such complaint has occurred, the
Attorney General shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an
arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules

§ 1182

TITLE 8—ALIENS AND NATIONALITY

of such Service shall be applicable to the selection of such arbitrator and to such arbitration
proceedings. The Attorney General shall pay the
fee and expenses of the arbitrator.
(D)(i) The arbitrator shall make findings respecting whether a failure or misrepresentation
described in subparagraph (B) occurred. If the
arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a
finding to that effect. The arbitrator may not
find such a failure or misrepresentation (or that
such a failure or misrepresentation was willful)
unless the complainant demonstrates such a
failure or misrepresentation (or its willful character) by clear and convincing evidence. The arbitrator shall transmit the findings in the form
of a written opinion to the parties to the arbitration and the Attorney General. Such findings
shall be final and conclusive, and, except as provided in this subparagraph, no official or court
of the United States shall have power or jurisdiction to review any such findings.
(ii) The Attorney General may review and reverse or modify the findings of an arbitrator
only on the same bases as an award of an arbitrator may be vacated or modified under section
10 or 11 of title 9.
(iii) With respect to the findings of an arbitrator, a court may review only the actions of the
Attorney General under clause (ii) and may set
aside such actions only on the grounds described
in subparagraph (A), (B), or (C) of section
706(a)(2) of title 5. Notwithstanding any other
provision of law, such judicial review may only
be brought in an appropriate United States
court of appeals.
(E) If the Attorney General receives a finding
of an arbitrator under this paragraph that an
employer has failed to meet the condition of
paragraph (1)(G)(i)(II) or has misrepresented a
material fact with respect to such condition, unless the Attorney General reverses or modifies
the finding under subparagraph (D)(ii)—
(i) the Attorney General may impose administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per
violation or $5,000 per violation in the case of
a willful failure or misrepresentation) as the
Attorney General determines to be appropriate; and
(ii) the Attorney General is authorized to
not approve petitions filed, with respect to
that employer and for aliens to be employed
by the employer, under section 1154 or 1184(c)
of this title—
(I) during a period of not more than 1 year;
or
(II) in the case of a willful failure or willful misrepresentation, during a period of not
more than 2 years.
(F) The Attorney General shall not delegate,
to any other employee or official of the Department of Justice, any function of the Attorney
General under this paragraph, until 60 days after
the Attorney General has submitted a plan for
such delegation to the Committees on the Judiciary of the United States House of Representatives and the Senate.

Page 144

(o) Omitted
(p) Computation of prevailing wage level
(1) In computing the prevailing wage level for
an occupational classification in an area of employment for purposes of subsections (a)(5)(A),
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section
in the case of an employee of—
(A) an institution of higher education (as defined in section 1001(a) of title 20), or a related
or affiliated nonprofit entity; or
(B) a nonprofit research organization or a
Governmental research organization,
the prevailing wage level shall only take into
account employees at such institutions and organizations in the area of employment.
(2) With respect to a professional athlete (as
defined in subsection (a)(5)(A)(iii)(II) of this section) when the job opportunity is covered by
professional sports league rules or regulations,
the wage set forth in those rules or regulations
shall be considered as not adversely affecting
the wages of United States workers similarly
employed and be considered the prevailing wage.
(3) The prevailing wage required to be paid
pursuant to subsections (a)(5)(A), (n)(1)(A)(i)(II),
and (t)(1)(A)(i)(II) of this section shall be 100 percent of the wage determined pursuant to those
sections.
(4) Where the Secretary of Labor uses, or
makes available to employers, a governmental
survey to determine the prevailing wage, such
survey shall provide at least 4 levels of wages
commensurate with experience, education, and
the level of supervision. Where an existing government survey has only 2 levels, 2 intermediate
levels may be created by dividing by 3, the difference between the 2 levels offered, adding the
quotient thus obtained to the first level and subtracting that quotient from the second level.
(q) Academic honoraria
Any alien admitted under section 1101(a)(15)(B)
of this title may accept an honorarium payment
and associated incidental expenses for a usual
academic activity or activities (lasting not
longer than 9 days at any single institution), as
defined by the Attorney General in consultation
with the Secretary of Education, if such payment is offered by an institution or organization
described in subsection (p)(1) of this section and
is made for services conducted for the benefit of
that institution or entity and if the alien has
not accepted such payment or expenses from
more than 5 institutions or organizations in the
previous 6-month period.
(r) Exception for certain alien nurses
Subsection (a)(5)(C) of this section shall not
apply to an alien who seeks to enter the United
States for the purpose of performing labor as a
nurse who presents to the consular officer (or in
the case of an adjustment of status, the Attorney General) a certified statement from the
Commission on Graduates of Foreign Nursing
Schools (or an equivalent independent credentialing organization approved for the certification of nurses under subsection (a)(5)(C) of
this section by the Attorney General in consultation with the Secretary of Health and
Human Services) that—

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TITLE 8—ALIENS AND NATIONALITY

(1) the alien has a valid and unrestricted license as a nurse in a State where the alien intends to be employed and such State verifies
that the foreign licenses of alien nurses are
authentic and unencumbered;
(2) the alien has passed the National Council
Licensure Examination (NCLEX);
(3) the alien is a graduate of a nursing program—
(A) in which the language of instruction
was English;
(B) located in a country—
(i) designated by such commission not
later than 30 days after November 12, 1999,
based on such commission’s assessment
that the quality of nursing education in
that country, and the English language
proficiency of those who complete such
programs in that country, justify the
country’s designation; or
(ii) designated on the basis of such an assessment by unanimous agreement of such
commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) of this
section for the certification of nurses
under this subsection; and
(C)(i) which was in operation on or before
November 12, 1999; or
(ii) has been approved by unanimous agreement of such commission and any equivalent
credentialing organizations which have been
approved under subsection (a)(5)(C) of this
section for the certification of nurses under
this subsection.
(s) Consideration of benefits received as battered
alien in determination of inadmissibility as
likely to become public charge
In determining whether an alien described in
subsection (a)(4)(C)(i) of this section is inadmissible under subsection (a)(4) of this section or ineligible to receive an immigrant visa or otherwise to adjust to the status of permanent resident by reason of subsection (a)(4) of this section, the consular officer or the Attorney General shall not consider any benefits the alien
may have received that were authorized under
section 1641(c) of this title.
(t) 11 Nonimmigrant professionals; labor attestations
(1) No alien may be admitted or provided
status as a nonimmigrant under section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title in an occupational
classification unless the employer has filed with
the Secretary of Labor an attestation stating
the following:
(A) The employer—
(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status under section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title wages that are
at least—
(I) the actual wage level paid by the employer to all other individuals with similar
experience and qualifications for the specific employment in question; or
11 So

in original. Two subsecs. (t) have been enacted.

§ 1182

(II) the prevailing wage level for the occupational classification in the area of employment,
whichever is greater, based on the best information available as of the time of filing the
attestation; and
(ii) will provide working conditions for
such a nonimmigrant that will not adversely
affect the working conditions of workers
similarly employed.
(B) There is not a strike or lockout in the
course of a labor dispute in the occupational
classification at the place of employment.
(C) The employer, at the time of filing the
attestation—
(i) has provided notice of the filing under
this paragraph to the bargaining representative (if any) of the employer’s employees in
the occupational classification and area for
which aliens are sought; or
(ii) if there is no such bargaining representative, has provided notice of filing in
the occupational classification through such
methods as physical posting in conspicuous
locations at the place of employment or
electronic notification to employees in the
occupational classification for which nonimmigrants
under
section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title are sought.
(D) A specification of the number of workers
sought, the occupational classification in
which the workers will be employed, and wage
rate and conditions under which they will be
employed.
(2)(A) The employer shall make available for
public examination, within one working day
after the date on which an attestation under
this subsection is filed, at the employer’s principal place of business or worksite, a copy of
each such attestation (and such accompanying
documents as are necessary).
(B)(i) The Secretary of Labor shall compile, on
a current basis, a list (by employer and by occupational classification) of the attestations filed
under this subsection. Such list shall include,
with respect to each attestation, the wage rate,
number of aliens sought, period of intended employment, and date of need.
(ii) The Secretary of Labor shall make such
list available for public examination in Washington, D.C.
(C) The Secretary of Labor shall review an attestation filed under this subsection only for
completeness and obvious inaccuracies. Unless
the Secretary of Labor finds that an attestation
is incomplete or obviously inaccurate, the Secretary of Labor shall provide the certification
described in section 1101(a)(15)(H)(i)(b1) of this
title or section 1101(a)(15)(E)(iii) of this title
within 7 days of the date of the filing of the attestation.
(3)(A) The Secretary of Labor shall establish a
process for the receipt, investigation, and disposition of complaints respecting the failure of
an employer to meet a condition specified in an
attestation submitted under this subsection or
misrepresentation by the employer of material
facts in such an attestation. Complaints may be

§ 1182

TITLE 8—ALIENS AND NATIONALITY

filed by any aggrieved person or organization
(including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later
than 12 months after the date of the failure or
misrepresentation, respectively. The Secretary
of Labor shall conduct an investigation under
this paragraph if there is reasonable cause to believe that such a failure or misrepresentation
has occurred.
(B) Under the process described in subparagraph (A), the Secretary of Labor shall provide,
within 30 days after the date a complaint is
filed, for a determination as to whether or not a
reasonable basis exists to make a finding described in subparagraph (C). If the Secretary of
Labor determines that such a reasonable basis
exists, the Secretary of Labor shall provide for
notice of such determination to the interested
parties and an opportunity for a hearing on the
complaint, in accordance with section 556 of
title 5, within 60 days after the date of the determination. If such a hearing is requested, the
Secretary of Labor shall make a finding concerning the matter by not later than 60 days
after the date of the hearing. In the case of similar complaints respecting the same applicant,
the Secretary of Labor may consolidate the
hearings under this subparagraph on such complaints.
(C)(i) If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to
meet a condition of paragraph (1)(B), a substantial failure to meet a condition of paragraph
(1)(C) or (1)(D), or a misrepresentation of material fact in an attestation—
(I) the Secretary of Labor shall notify the
Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an
amount not to exceed $1,000 per violation) as
the Secretary of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary
of Homeland Security, as appropriate, shall
not approve petitions or applications filed
with respect to that employer under section
1154,
1184(c),
1101(a)(15)(H)(i)(b1),
or
1101(a)(15)(E)(iii) of this title during a period of
at least 1 year for aliens to be employed by the
employer.
(ii) If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an attestation, or a violation of clause (iv)—
(I) the Secretary of Labor shall notify the
Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an
amount not to exceed $5,000 per violation) as
the Secretary of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary
of Homeland Security, as appropriate, shall
not approve petitions or applications filed
with respect to that employer under section
1154,
1184(c),
1101(a)(15)(H)(i)(b1),
or

Page 146

1101(a)(15)(E)(iii) of this title during a period of
at least 2 years for aliens to be employed by
the employer.
(iii) If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a
willful misrepresentation of material fact in an
attestation, in the course of which failure or
misrepresentation the employer displaced a
United States worker employed by the employer
within the period beginning 90 days before and
ending 90 days after the date of filing of any visa
petition or application supported by the attestation—
(I) the Secretary of Labor shall notify the
Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an
amount not to exceed $35,000 per violation) as
the Secretary of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary
of Homeland Security, as appropriate, shall
not approve petitions or applications filed
with respect to that employer under section
1154,
1184(c),
1101(a)(15)(H)(i)(b1),
or
1101(a)(15)(E)(iii) of this title during a period of
at least 3 years for aliens to be employed by
the employer.
(iv) It is a violation of this clause for an employer who has filed an attestation under this
subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which
term, for purposes of this clause, includes a
former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person,
that the employee reasonably believes evidences
a violation of this subsection, or any rule or regulation pertaining to this subsection, or because
the employee cooperates or seeks to cooperate
in an investigation or other proceeding concerning the employer’s compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection.
(v) The Secretary of Labor and the Secretary
of Homeland Security shall devise a process
under which a nonimmigrant under section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title who files a complaint regarding a violation of clause (iv) and is
otherwise eligible to remain and work in the
United States may be allowed to seek other appropriate employment in the United States for a
period not to exceed the maximum period of
stay authorized for such nonimmigrant classification.
(vi)(I) It is a violation of this clause for an employer who has filed an attestation under this
subsection to require a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title to pay a penalty
for ceasing employment with the employer prior
to a date agreed to by the nonimmigrant and the
employer. The Secretary of Labor shall determine whether a required payment is a penalty
(and not liquidated damages) pursuant to relevant State law.

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TITLE 8—ALIENS AND NATIONALITY

(II) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause,
the Secretary of Labor may impose a civil monetary penalty of $1,000 for each such violation
and issue an administrative order requiring the
return to the nonimmigrant of any amount paid
in violation of this clause, or, if the nonimmigrant cannot be located, requiring payment of any such amount to the general fund of
the Treasury.
(vii)(I) It is a failure to meet a condition of
paragraph (1)(A) for an employer who has filed
an attestation under this subsection and who
places
a
nonimmigrant
under
section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title designated as a
full-time employee in the attestation, after the
nonimmigrant has entered into employment
with the employer, in nonproductive status due
to a decision by the employer (based on factors
such as lack of work), or due to the nonimmigrant’s lack of a permit or license, to fail to pay
the nonimmigrant full-time wages in accordance
with paragraph (1)(A) for all such nonproductive
time.
(II) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this subsection and who places a
nonimmigrant under section 1101(a)(15)(H)(i)(b1)
of this title or section 1101(a)(15)(E)(iii) of this
title designated as a part-time employee in the
attestation, after the nonimmigrant has entered
into employment with the employer, in nonproductive status under circumstances described
in subclause (I), to fail to pay such a nonimmigrant for such hours as are designated on
the attestation consistent with the rate of pay
identified on the attestation.
(III) In the case of a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title who has not yet entered into employment with an employer who
has had approved an attestation under this subsection with respect to the nonimmigrant, the
provisions of subclauses (I) and (II) shall apply
to the employer beginning 30 days after the date
the nonimmigrant first is admitted into the
United States, or 60 days after the date the nonimmigrant becomes eligible to work for the employer in the case of a nonimmigrant who is
present in the United States on the date of the
approval of the attestation filed with the Secretary of Labor.
(IV) This clause does not apply to a failure to
pay wages to a nonimmigrant under section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title for nonproductive
time due to non-work-related factors, such as
the voluntary request of the nonimmigrant for
an absence or circumstances rendering the nonimmigrant unable to work.
(V) This clause shall not be construed as prohibiting an employer that is a school or other
educational institution from applying to a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of
this title or section 1101(a)(15)(E)(iii) of this title
an established salary practice of the employer,
under which the employer pays to nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this
title or section 1101(a)(15)(E)(iii) of this title and

§ 1182

United States workers in the same occupational
classification an annual salary in disbursements
over fewer than 12 months, if—
(aa) the nonimmigrant agrees to the compressed annual salary payments prior to the
commencement of the employment; and
(bb) the application of the salary practice to
the nonimmigrant does not otherwise cause
the nonimmigrant to violate any condition of
the nonimmigrant’s authorization under this
chapter to remain in the United States.
(VI) This clause shall not be construed as superseding clause (viii).
(viii) It is a failure to meet a condition of
paragraph (1)(A) for an employer who has filed
an attestation under this subsection to fail to
offer to a nonimmigrant under section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title, during the nonimmigrant’s period of authorized employment,
benefits and eligibility for benefits (including
the opportunity to participate in health, life,
disability, and other insurance plans; the opportunity to participate in retirement and savings
plans; and cash bonuses and non-cash compensation, such as stock options (whether or not
based on performance)) on the same basis, and in
accordance with the same criteria, as the employer offers to United States workers.
(D) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level
specified in the attestation and required under
paragraph (1), the Secretary of Labor shall order
the employer to provide for payment of such
amounts of back pay as may be required to comply with the requirements of paragraph (1),
whether or not a penalty under subparagraph (C)
has been imposed.
(E) The Secretary of Labor may, on a case-bycase basis, subject an employer to random investigations for a period of up to 5 years, beginning
on the date on which the employer is found by
the Secretary of Labor to have committed a
willful failure to meet a condition of paragraph
(1) or to have made a willful misrepresentation
of material fact in an attestation. The authority
of the Secretary of Labor under this subparagraph shall not be construed to be subject to, or
limited by, the requirements of subparagraph
(A).
(F) Nothing in this subsection shall be construed as superseding or preempting any other
enforcement-related authority under this chapter (such as the authorities under section 1324b
of this title), or any other Act.
(4) For purposes of this subsection:
(A) The term ‘‘area of employment’’ means
the area within normal commuting distance of
the worksite or physical location where the
work of the nonimmigrant under section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title is or will be performed. If such worksite or location is within
a Metropolitan Statistical Area, any place
within such area is deemed to be within the
area of employment.
(B) In the case of an attestation with respect
to one or more nonimmigrants under section
1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title by an employer,

§ 1182

TITLE 8—ALIENS AND NATIONALITY

the employer is considered to ‘‘displace’’ a
United States worker from a job if the employer lays off the worker from a job that is
essentially the equivalent of the job for which
the nonimmigrant or nonimmigrants is or are
sought. A job shall not be considered to be essentially equivalent of another job unless it
involves essentially the same responsibilities,
was held by a United States worker with substantially equivalent qualifications and experience, and is located in the same area of employment as the other job.
(C)(i) The term ‘‘lays off’’, with respect to a
worker—
(I) means to cause the worker’s loss of employment, other than through a discharge
for inadequate performance, violation of
workplace rules, cause, voluntary departure,
voluntary retirement, or the expiration of a
grant or contract; but
(II) does not include any situation in
which the worker is offered, as an alternative to such loss of employment, a similar
employment opportunity with the same employer at equivalent or higher compensation
and benefits than the position from which
the employee was discharged, regardless of
whether or not the employee accepts the
offer.
(ii) Nothing in this subparagraph is intended
to limit an employee’s rights under a collective bargaining agreement or other employment contract.
(D) The term ‘‘United States worker’’ means
an employee who—
(i) is a citizen or national of the United
States; or
(ii) is an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under section 1157 of this title, is granted asylum under section 1158 of this title, or
is an immigrant otherwise authorized, by
this chapter or by the Secretary of Homeland Security, to be employed.
(t) 12 Foreign residence requirement
(1) Except as provided in paragraph (2), no person admitted under section 1101(a)(15)(Q)(ii)(I) of
this title, or acquiring such status after admission, shall be eligible to apply for nonimmigrant
status, an immigrant visa, or permanent residence under this chapter until it is established
that such person has resided and been physically
present in the person’s country of nationality or
last residence for an aggregate of at least 2
years following departure from the United
States.
(2) The Secretary of Homeland Security may
waive the requirement of such 2-year foreign
residence abroad if the Secretary determines
that—
(A) departure from the United States would
impose exceptional hardship upon the alien’s
spouse or child (if such spouse or child is a citizen of the United States or an alien lawfully
admitted for permanent residence); or
(B) the admission of the alien is in the public interest or the national interest of the
United States.
12 So

in original. Two subsecs. (t) have been enacted.

Page 148

(June 27, 1952, ch. 477, title II, ch. 2, § 212, 66 Stat.
182; July 18, 1956, ch. 629, title III, § 301 (a), 70
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L. 87–256, § 109(c), Sept. 21, 1961, 75 Stat. 535; Pub.
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Pub. L. 89–236, §§ 10, 15, Oct. 3, 1965, 79 Stat. 917,
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title III, § 307(q)(1), (2), Aug. 1, 1977, 91 Stat. 394;
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27, 1979, 93 Stat. 497; Pub. L. 96–212, title II,
§ 203(d), (f), Mar. 17, 1980, 94 Stat. 107; Pub. L.
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1981, 95 Stat. 1611, 1612, 1620; Pub. L. 98–454, title
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98–473, title II, § 220(a), Oct. 12, 1984, 98 Stat. 2028;
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Dec. 22, 1987, 101 Stat. 1399; Pub. L. 100–525,
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(C), (2)(A), (6), (f)(1)(C)–(F), (3)(A), (g)(1), (4)(B),
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div. B, title V, §§ 1505(a), (c)(1), (d)–(f), 1513(e),

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Oct. 28, 2000, 114 Stat. 1478, 1485, 1525, 1526, 1536;
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div. J, title IV, §§ 422(a), 423, 424(a)(1), (b), Dec. 8,
2004, 118 Stat. 3353–3355; Pub. L. 108–449, § 1(b)(2),
Dec. 10, 2004, 118 Stat. 3470; Pub. L. 108–458, title
V, §§ 5501(a), 5502(a), 5503, Dec. 17, 2004, 118 Stat.
3740, 3741; Pub. L. 109–13, div. B, title I,
§§ 103(a)–(c), 104, title V, § 501(d), May 11, 2005, 119
Stat. 306–309, 322; Pub. L. 109–162, title VIII, § 802,
Jan. 5, 2006, 119 Stat. 3054; Pub. L. 109–271, § 6(b),
Aug. 12, 2006, 120 Stat. 762; Pub. L. 110–161, div. J,
title VI, § 691(a), (c), Dec. 26, 2007, 121 Stat. 2364,
2365; Pub. L. 110–229, title VII, § 702(b)(2), (3), (d),
May 8, 2008, 122 Stat. 860, 862; Pub. L. 110–293,
title III, § 305, July 30, 2008, 122 Stat. 2963; Pub.
L. 110–340, § 2(b), Oct. 3, 2008, 122 Stat. 3736; Pub.
L. 110–457, title II, §§ 222(f)(1), 234, Dec. 23, 2008,
122 Stat. 5071, 5074; Pub. L. 111–122, § 3(b), Dec. 22,
2009, 123 Stat. 3481; Pub. L. 111–287, § 2, Nov. 30,
2010, 124 Stat. 3058.)
AMENDMENT OF SECTION
For termination of amendment by section
107(c) of Pub. L. 108–77, see Effective and Termination Dates of 2003 Amendment note below.
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
Section 3(a) of the Torture Victim Protection Act of
1991, referred to in subsec. (a)(3)(E)(iii)(II), is section
3(a) of Pub. L. 102–256, which is set out as a note under
section 1350 of Title 28, Judiciary and Judicial Procedure.
Section 301 of the Immigration Act of 1990, referred to
in subsec. (a)(6)(E)(ii), (9)(B)(iii)(III), is section 301 of
Pub. L. 101–649, which is set out as a note under section
1255a of this title.
Section 112 of the Immigration Act of 1990, referred to
in subsec. (a)(6)(E)(ii), is section 112 of Pub. L. 101–649,
which is set out as a note under section 1153 of this
title.
Section 1184(l) of this title, referred to in subsec.
(a)(6)(G), probably means the subsec. (l) of section 1184,
which relates to nonimmigrant elementary and secondary school students and was added by Pub. L. 104–208,
div. C, title VI, § 625(a)(1), Sept. 30, 1996, 110 Stat.
3009–699, and redesignated subsec. (m) of section 1184 by
Pub. L. 106–386, div. A, § 107(e)(2)(A), Oct. 28, 2000, 114
Stat. 1478.
The Social Security Act, referred to in subsec.
(m)(6)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended. Titles XVIII and XIX of the Act are classified
generally to subchapters XVIII (§ 1395 et seq.) and XIX
(§ 1396 et seq.), respectively, of chapter 7 of Title 42, The
Public Health and Welfare. Part A of title XVIII of the
Act is classified generally to part A (§ 1395c et seq.) of
subchapter XVIII of chapter 7 of Title 42. For complete
classification of this Act to the Code, see section 1305
of Title 42 and Tables.

§ 1182

CODIFICATION
Subsection (j)(3), which required the Director of the
United States Information Agency to transmit an annual report to Congress on aliens submitting affidavits
described in subsection (j)(1)(E) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page
193 of House Document No. 103–7.
AMENDMENTS
2010—Subsec. (a)(1)(C)(ii). Pub. L. 111–287 substituted
‘‘subparagraph (F) or (G) of section 1101(b)(1) of this
title;’’ for ‘‘section 1101(b)(1)(F) of this title,’’.
2009—Subsec. (a)(3)(E)(ii). Pub. L. 111–122 struck out
‘‘conduct outside the United States that would, if committed in the United States or by a United States national, be’’ before ‘‘genocide’’.
2008—Subsec. (a)(1)(A)(i). Pub. L. 110–293 substituted a
semicolon for ‘‘, which shall include infection with the
etiologic agent for acquired immune deficiency syndrome,’’.
Subsec. (a)(2)(H)(i). Pub. L. 110–457 substituted ‘‘who
commits or conspires to commit human trafficking offenses in the United States or outside the United
States, or who the consular officer, the Secretary of
Homeland Security, the Secretary of State,’’ for ‘‘who
is listed in a report submitted pursuant to section
7108(b) of title 22, or who the consular officer’’.
Subsec. (a)(3)(G). Pub. L. 110–340 added subpar. (G).
Subsec. (a)(7)(B)(iii). Pub. L. 110–229, § 702(b)(2),
amended cl. (iii) generally. Prior to amendment, text
read as follows: ‘‘For provision authorizing waiver of
clause (i) in the case of visitors to Guam, see subsection (l) of this section.’’
Subsec. (d)(7). Pub. L. 110–229, § 702(d), inserted ‘‘the
Commonwealth of the Northern Mariana Islands,’’ after
‘‘Guam,’’.
Subsec. (l). Pub. L. 110–229, § 702(b)(3), amended subsec. (l) generally. Prior to amendment, subsec. (l) consisted of pars. (1) to (3) relating to waiver of requirements for nonimmigrant visitors to Guam.
2007—Subsec. (a)(3)(B)(ii). Pub. L. 110–161, § 691(c), substituted ‘‘Subclause (IX)’’ for ‘‘Subclause (VII)’’ in introductory provisions.
Subsec. (d)(3)(B)(i). Pub. L. 110–161, § 691(a), amended
cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘The Secretary of State, after consultation with
the Attorney General and the Secretary of Homeland
Security, or the Secretary of Homeland Security, after
consultation with the Secretary of State and the Attorney General, may conclude in such Secretary’s sole unreviewable
discretion
that
subsection
(a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) of this section
shall not apply to an alien, that subsection
(a)(3)(B)(iv)(VI) of this section shall not apply with respect to any material support an alien afforded to an
organization or individual that has engaged in a terrorist activity, or that subsection (a)(3)(B)(vi)(III) of this
section shall not apply to a group solely by virtue of
having a subgroup within the scope of that subsection.
The Secretary of State may not, however, exercise discretion under this clause with respect to an alien once
removal proceedings against the alien are instituted
under section 1229a of this title.’’
2006—Subsec.
(a)(4)(C)(i)(I).
Pub.
L.
109–271,
§ 6(b)(1)(A)(i), which directed the amendment of subsec.
(a)(4)(C)(i)(II) by substituting a semicolon for ‘‘, or’’,
was executed to subsec. (a)(4)(C)(i)(I), to reflect the
probable intent of Congress. The quoted matter did not
appear in subsec. (a)(4)(C)(i)(II).
Subsec. (a)(4)(C)(i)(III). Pub. L. 109–271, § 6(b)(1)(A)(ii),
added subcl. (III).
Subsec. (a)(6)(A)(ii)(I). Pub. L. 109–271, § 6(b)(1)(B),
amended subcl. (I) generally. Prior to amendment,
subcl. (I) read as follows: ‘‘the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii) of section 1154(a)(1) of this title,’’.
Subsec. (a)(9)(B)(iii)(V). Pub. L. 109–162, § 802(a), added
subcl. (V).

§ 1182

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(9)(C)(ii). Pub. L. 109–271, § 6(b)(1)(C), substituted ‘‘the Secretary of Homeland Security has consented to the alien’s reapplying for admission.’’ for
‘‘the Attorney General has consented to the alien’s reapplying for admission. The Attorney General in the
Attorney General’s discretion may waive the provisions
of subsection (a)(9)(C)(i) of this section in the case of an
alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section
1154(a)(1)(A) of this title, or classification under clause
(ii), (iii), or (iv) of section 1154(a)(1)(B) of this title, in
any case in which there is a connection between—
‘‘(1) the alien’s having been battered or subjected to
extreme cruelty; and
‘‘(2) the alien’s—
‘‘(A) removal;
‘‘(B) departure from the United States;
‘‘(C) reentry or reentries into the United States;
or
‘‘(D) attempted reentry into the United States.’’
Subsec. (a)(9)(C)(iii). Pub. L. 109–271, § 6(b)(1)(C), added
subpar. (iii).
Subsec. (d)(13), (14). Pub. L. 109–162, § 802(b), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ wherever appearing.
Subsec. (g)(1)(C). Pub. L. 109–271, § 6(b)(2), amended
subpar. (C) generally. Prior to amendment, subpar. (C)
read as follows: ‘‘qualifies for classification under
clause (iii) or (iv) of section 1154(a)(1)(A) of this title or
classification under clause (ii) or (iii) of section
1154(a)(1)(B) of this title;’’.
Subsec. (h)(1)(C). Pub. L. 109–271, § 6(b)(3), amended
subpar. (C) generally. Prior to amendment, subpar. (C)
read as follows: ‘‘the alien qualifies for classification
under clause (iii) or (iv) of section 1154(a)(1)(A) of this
title or classification under clause (ii) or (iii) of section
1154(a)(1)(B) of this title; and’’.
Subsec. (i)(1). Pub. L. 109–271, § 6(b)(4), substituted ‘‘a
VAWA self-petitioner’’ for ‘‘an alien granted classification under clause (iii) or (iv) of section 1154(a)(1)(A) of
this title or clause (ii) or (iii) of section 1154(a)(1)(B) of
this title’’.
2005—Subsec. (a)(3)(B)(i). Pub. L. 109–13, § 103(a), reenacted heading without change and amended first sentence of cl. (i) generally, substituting general provisions relating to inadmissibility of aliens engaging in
terrorist activities for former provisions relating to inadmissibility of any alien who had engaged in a terrorist activity, any alien who a consular officer or the Attorney General knew or reasonably believed had engaged in terrorist activity, any alien who had incited
terrorist activity, any alien who was a representative
of a foreign terrorist organization or group that had
publicly endorsed terrorist acts, any alien who was a
member of a foreign terrorist organization, any alien
who had used the alien’s position of prominence to endorse terrorist activity, and any alien who was the
spouse or child of an alien who had been found inadmissible, if the activity causing the alien to be found inadmissible had occurred within the last 5 years.
Subsec. (a)(3)(B)(iv). Pub. L. 109–13, § 103(b), reenacted
heading without change and amended text of cl. (iv)
generally, substituting provisions defining the term
‘‘engage in terrorist activity’’ in subcls. (I) to (VI), including provisions relating to demonstration of certain
knowledge by clear and convincing evidence, for provisions defining the term ‘‘engage in terrorist activity’’
in somewhat similar subcls. (I) to (VI) which did not include provisions relating to demonstration of certain
knowledge by clear and convincing evidence.
Subsec. (a)(3)(B)(vi). Pub. L. 109–13, § 103(c), amended
heading and text of cl. (vi) generally. Prior to amendment, text read as follows: ‘‘As used in clause (i)(VI)
and clause (iv), the term ‘terrorist organization’ means
an organization—
‘‘(I) designated under section 1189 of this title;
‘‘(II) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney
General, as a terrorist organization, after finding

Page 150

that the organization engages in the activities described in subclause (I), (II), or (III) of clause (iv), or
that the organization provides material support to
further terrorist activity; or
‘‘(III) that is a group of two or more individuals,
whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of
clause (iv).’’
Subsec. (d)(3). Pub. L. 109–13, § 104, designated existing
provisions as subpar. (A), redesignated former subpars.
(A) and (B) as cls. (i) and (ii), respectively, and added
subpar. (B).
Subsec. (t). Pub. L. 109–13, § 501(d)(1), inserted ‘‘or section 1101(a)(15)(E)(iii) of this title’’ after ‘‘section
1101(a)(15)(H)(i)(b1) of this title’’ wherever appearing.
Subsec. (t)(3)(C)(i)(II), (ii)(II), (iii)(II). Pub. L. 109–13,
§ 501(d)(2),
substituted
‘‘1101(a)(15)(H)(i)(b1),
or
1101(a)(15)(E)(iii)’’ for ‘‘or 1101(a)(15)(H)(i)(b1)’’.
2004—Subsec. (a)(2)(G). Pub. L. 108–458, § 5502(a),
amended heading and text of subpar. (G) generally.
Prior to amendment, text read as follows: ‘‘Any alien
who, while serving as a foreign government official,
was responsible for or directly carried out, at any time
during the preceding 24-month period, particularly severe violations of religious freedom, as defined in section 6402 of title 22, and the spouse and children, if any,
are inadmissible.’’
Subsec. (a)(3)(E). Pub. L. 108–458, § 5501(a)(3), which directed substitution of ‘‘Participants in Nazi persecution, genocide, or the commission of any act of torture
or extrajudicial killing’’ for ‘‘Participants in nazi persecution or genocide’’ in heading, was executed by
making the substitution for ‘‘Participants in Nazi persecutions or genocide’’ to reflect the probable intent of
Congress.
Subsec. (a)(3)(E)(ii). Pub. L. 108–458, § 5501(a)(1), substituted ‘‘ordered, incited, assisted, or otherwise participated in conduct outside the United States that
would, if committed in the United States or by a
United States national, be genocide, as defined in section 1091(a) of title 18, is inadmissible’’ for ‘‘has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is inadmissible’’.
Subsec. (a)(3)(E)(iii). Pub. L. 108–458, § 5501(a)(2), added
cl. (iii).
Subsec. (d)(3)(A), (B). Pub. L. 108–458, § 5503, substituted ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’
for ‘‘and (3)(E)’’.
Subsec. (n)(1)(E)(ii). Pub. L. 108–447, § 422(a), struck
out ‘‘October 1, 2003,’’ before ‘‘by an H–1B-dependent
employer’’.
Subsec. (n)(2)(G). Pub. L. 108–447, § 424(a)(1), added
subpar. (G).
Subsec. (n)(2)(H), (I). Pub. L. 108–447, § 424(b), added
subpar. (H) and redesignated former subpar. (H) as (I).
Subsec. (p). Pub. L. 108–449, § 1(b)(2)(A), which directed
redesignation of subsec. (p), relating to consideration
of benefits received as battered alien in determination
of inadmissibility as likely to become public charge, as
(s), could not be executed because of the previous temporary redesignation by Pub. L. 108–77, § 402(b)(1). See
2003 Amendment note below.
Subsec. (p)(3), (4). Pub. L. 108–447, § 423, added pars. (3)
and (4).
Subsec. (s). Pub. L. 108–449, § 1(b)(2)(A), which directed
redesignation of subsec. (p), relating to consideration
of benefits received as battered alien in determination
of inadmissibility as likely to become public charge, as
(s), could not be executed because of the previous redesignation by Pub. L. 108–77, § 402(b)(1). See 2003 Amendment note below.
Subsec. (t). Pub. L. 108–449, § 1(b)(2)(B), added subsec.
(t) relating to foreign residence requirement.
2003—Subsec. (d)(13). Pub. L. 108–193, § 8(a)(2), redesignated par. (13), relating to Attorney General’s determination whether a ground for inadmissibility exists
with respect to a nonimmigrant described in section
1101(a)(15)(U) of this title, as (14).
Subsec. (d)(13)(A). Pub. L. 108–193, § 4(b)(4)(A), inserted
‘‘, except that the ground for inadmissibility described

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TITLE 8—ALIENS AND NATIONALITY

in subsection (a)(4) of this section shall not apply with
respect to such a nonimmigrant’’ before period at end.
Subsec. (d)(13)(B)(i). Pub. L. 108–193, § 4(b)(4)(B)(i),
amended cl. (i) generally. Prior to amendment, cl. (i)
read as follows: ‘‘paragraphs (1) and (4) of subsection (a)
of this section; and’’.
Subsec. (d)(13)(B)(ii). Pub. L. 108–193, § 4(b)(4)(B)(ii),
substituted ‘‘subsection (a) of this section’’ for ‘‘such
subsection’’ and inserted ‘‘(4),’’ after ‘‘(3),’’.
Subsec. (d)(14). Pub. L. 108–193, § 8(a)(2), redesignated
par. (13), relating to Attorney General’s determination
whether a ground for inadmissibility exists with respect to a nonimmigrant described in section
1101(a)(15)(U) of this title, as (14).
Subsec. (p). Pub. L. 108–77, §§ 107(c), 402(b)(1), temporarily redesignated subsec. (p), relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public
charge, as (s). See Effective and Termination Dates of
2003 Amendment note below.
Subsec. (p)(1). Pub. L. 108–77, §§ 107(c), 402(c), temporarily substituted ‘‘(a)(5)(A), (n)(1)(A)(i)(II), and
(t)(1)(A)(i)(II)’’ for ‘‘(n)(1)(A)(i)(II) and (a)(5)(A)’’. See
Effective and Termination Dates of 2003 Amendment
note below.
Subsec. (s). Pub. L. 108–77, §§ 107(c), 402(b)(1), temporarily redesignated subsec. (p), relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public
charge, as (s). See Effective and Termination Dates of
2003 Amendment note below.
Subsec. (t). Pub. L. 108–77, §§ 107(c), 402(b)(2), temporarily added subsec. (t). See Effective and Termination
Dates of 2003 Amendment note below.
2002—Subsec. (a)(4)(C)(ii). Pub. L. 107–150 substituted
‘‘(and any additional sponsor required under section
1183a(f) of this title or any alternative sponsor permitted under paragraph (5)(B) of such section)’’ for
‘‘(including any additional sponsor required under section 1183a(f) of this title)’’.
Subsec. (e). Pub. L. 107–273 substituted ‘‘section
1184(l)’’ for ‘‘section 1184(k)’’.
2001—Subsec. (a)(2)(I). Pub. L. 107–56, § 1006(a), added
subpar. (I).
Subsec. (a)(3)(B)(i)(II). Pub. L. 107–56, § 411(a)(1)(C),
substituted ‘‘clause (iv)’’ for ‘‘clause (iii)’’.
Subsec. (a)(3)(B)(i)(IV). Pub. L. 107–56, § 411(a)(1)(A)(i),
amended subcl. (IV) generally. Prior to amendment,
subcl. (IV) read as follows: ‘‘is a representative (as defined in clause (iv)) of a foreign terrorist organization,
as designated by the Secretary under section 1189 of
this title, or’’.
Subsec. (a)(3)(B)(i)(V). Pub. L. 107–56, § 411(a)(1)(A)(ii),
inserted ‘‘or’’ after ‘‘section 1189 of this title,’’.
Subsec. (a)(3)(B)(i)(VI), (VII). Pub. L. 107–56,
§ 411(a)(1)(A)(iii), which directed addition of subcls. (VI)
and (VII) at end of cl. (i), was executed by making the
addition after subcl. (V) and before concluding provisions of cl. (i) to reflect the probable intent of Congress.
Subsec. (a)(3)(B)(ii). Pub. L. 107–56, § 411(a)(1)(D),
added cl. (ii). Former cl. (ii) redesignated (iii).
Subsec. (a)(3)(B)(iii). Pub. L. 107–56, § 411(a)(1)(E)(i),
inserted ‘‘it had been’’ before ‘‘committed in the United
States’’ in introductory provisions.
Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (ii) as
(iii). Former cl. (iii) redesignated (iv).
Subsec.
(a)(3)(B)(iii)(V)(b).
Pub.
L.
107–56,
§ 411(a)(1)(E)(ii), substituted ‘‘, firearm, or other weapon or dangerous device’’ for ‘‘or firearm’’.
Subsec. (a)(3)(B)(iv). Pub. L. 107–56, § 411(a)(1)(F), reenacted heading without change and amended text of
cl. (iv) generally. Prior to amendment, text read as follows: ‘‘As used in this chapter, the term ‘engage in terrorist activity’ means to commit, in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any
individual, organization, or government in conducting
a terrorist activity at any time, including any of the
following acts:

§ 1182

‘‘(I) The preparation or planning of a terrorist activity.
‘‘(II) The gathering of information on potential targets for terrorist activity.
‘‘(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit a terrorist activity.
‘‘(IV) The soliciting of funds or other things of
value for terrorist activity or for any terrorist organization.
‘‘(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity.’’
Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (iii) as
(iv). Former cl. (iv) redesignated (v).
Subsec. (a)(3)(B)(v). Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (iv) as (v).
Subsec. (a)(3)(B)(vi). Pub. L. 107–56, § 411(a)(1)(G),
added cl. (vi).
Subsec. (a)(3)(F). Pub. L. 107–56, § 411(a)(2), added subpar. (F).
2000—Subsec. (a)(2)(H). Pub. L. 106–386, § 111(d), added
subpar. (H).
Subsec. (a)(5)(A)(iv). Pub. L. 106–313, § 106(c)(2), added
cl. (iv).
Subsec. (a)(6)(C)(ii). Pub. L. 106–395, § 201(b)(2), amended heading and text of cl. (ii) generally. Prior to
amendment, text read as follows: ‘‘Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose
or benefit under this chapter (including section 1324a of
this title) or any other Federal or State law is inadmissible.’’
Subsec. (a)(7)(B)(iv). Pub. L. 106–396 struck out
‘‘pilot’’ before ‘‘program’’ in heading and text.
Subsec. (a)(9)(C)(ii). Pub. L. 106–386, § 1505(a), inserted
at end ‘‘The Attorney General in the Attorney General’s discretion may waive the provisions of subsection
(a)(9)(C)(i) of this section in the case of an alien to
whom the Attorney General has granted classification
under clause (iii), (iv), or (v) of section 1154(a)(1)(A) of
this title, or classification under clause (ii), (iii), or (iv)
of section 1154(a)(1)(B) of this title, in any case in which
there is a connection between—’’ and added subcls. (1)
and (2).
Subsec. (a)(10)(D). Pub. L. 106–395, § 201(b)(1), amended
heading and text of subpar. (D) generally. Prior to
amendment, text read as follows: ‘‘Any alien who has
voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation
is inadmissible.’’
Subsec. (d)(13). Pub. L. 106–386, § 1513(e), added par.
(13) relating to Attorney General’s determination
whether a ground for inadmissibility exists with respect to a nonimmigrant described in section
1101(a)(15)(U) of this title.
Pub. L. 106–386, § 107(e)(3), added par. (13) relating to
Attorney General’s determination whether a ground for
inadmissibility exists with respect to a nonimmigrant
described in section 1101(a)(15)(T) of this title.
Subsec. (g)(1)(C). Pub. L. 106–386, § 1505(d), added subpar. (C).
Subsec. (h)(1)(C). Pub. L. 106–386, § 1505(e), added subpar. (C).
Subsec. (i)(1). Pub. L. 106–386, § 1505(c)(1), inserted before period at end ‘‘or, in the case of an alien granted
classification under clause (iii) or (iv) of section
1154(a)(1)(A) of this title or clause (ii) or (iii) of section
1154(a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien’s United States
citizen, lawful permanent resident, or qualified alien
parent or child’’.
Subsec. (n)(1)(E)(ii). Pub. L. 106–313, § 107(a), substituted ‘‘October 1, 2003’’ for ‘‘October 1, 2001’’.
Subsec. (p). Pub. L. 106–386, § 1505(f), added subsec. (p)
relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge.

§ 1182

TITLE 8—ALIENS AND NATIONALITY

1999—Subsec. (a)(2)(C). Pub. L. 106–120 amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: ‘‘Any alien who the consular
or immigration officer knows or has reason to believe
is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister,
abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is inadmissible.’’
Subsec. (a)(5)(C). Pub. L. 106–95, § 4(a)(2), substituted
‘‘Subject to subsection (r) of this section, any alien who
seeks’’ for ‘‘Any alien who seeks’’ in introductory provisions.
Subsec. (m). Pub. L. 106–95, § 2(b), amended subsec.
(m) generally, adding provisions providing that no
more than 33 percent of a facility’s workforce may be
nonimmigrant aliens and making issuance of visas dependent upon State populations, and revising period of
admission from a maximum of 6 years to 3 years.
Subsec. (r). Pub. L. 106–95, § 4(a)(1), added subsec. (r).
1998—Subsec. (a)(2)(G). Pub. L. 105–292 added subpar.
(G).
Subsec. (a)(10)(C)(ii), (iii). Pub. L. 105–277, § 2226(a),
added cls. (ii) and (iii) and struck out heading and text
of former cl. (ii). Text read as follows: ‘‘Clause (i) shall
not apply so long as the child is located in a foreign
state that is a party to the Hague Convention on the
Civil Aspects of International Child Abduction.’’
Subsec. (n)(1). Pub. L. 105–277, § 412(b)(2), substituted
‘‘an H–1B nonimmigrant’’ for ‘‘a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title’’ in introductory provisions.
Pub. L. 105–277, § 412(a)(2), (3), inserted at end ‘‘The
application form shall include a clear statement explaining the liability under subparagraph (F) of a placing employer if the other employer described in such
subparagraph displaces a United States worker as described in such subparagraph. Nothing in subparagraph
(G) shall be construed to prohibit an employer from
using legitimate selection criteria relevant to the job
that are normal or customary to the type of job involved, so long as such criteria are not applied in a discriminatory manner.’’
Subsec. (n)(1)(A)(i). Pub. L. 105–277, § 412(b)(2), substituted ‘‘an H–1B nonimmigrant’’ for ‘‘a nonimmigrant
described in section 1101(a)(15)(H)(i)(b) of this title’’ in
introductory provisions.
Subsec. (n)(1)(C)(ii). Pub. L. 105–277, § 412(c), amended
cl. (ii) generally. Prior to amendment, cl. (ii) read as
follows: ‘‘if there is no such bargaining representative,
has posted notice of filing in conspicuous locations at
the place of employment.’’
Subsec. (n)(1)(E) to (G). Pub. L. 105–277, § 412(a)(1),
added subpars. (E) to (G).
Subsec. (n)(2)(A). Pub. L. 105–277, § 413(b)(2), substituted ‘‘Subject to paragraph (5)(A), the Secretary’’
for ‘‘The Secretary’’ in first sentence.
Subsec. (n)(2)(C). Pub. L. 105–277, § 413(a), amended
subpar. (C) generally. Prior to amendment, subpar. (C)
read as follows: ‘‘If the Secretary finds, after notice and
opportunity for a hearing, a failure to meet a condition
of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to
meet a condition of paragraph (1)(A), or a misrepresentation of material fact in an application—
‘‘(i) the Secretary shall notify the Attorney General of such finding and may, in addition, impose
such other administrative remedies (including civil
monetary penalties in an amount not to exceed $1,000
per violation) as the Secretary determines to be appropriate, and
‘‘(ii) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c) of this title during a period of at
least 1 year for aliens to be employed by the employer.’’
Subsec. (n)(2)(E). Pub. L. 105–277, § 413(c), added subpar. (E).
Subsec. (n)(2)(F). Pub. L. 105–277, § 413(d), added subpar. (F).

Page 152

Subsec. (n)(2)(G). Pub. L. 105–277, § 413(e), temporarily
added subpar. (G). See Effective and Termination Dates
of 1998 Amendments note below.
Subsec. (n)(2)(H). Pub. L. 105–277, § 413(f), added subpar. (H).
Subsec. (n)(3), (4). Pub. L. 105–277, § 412(b)(1), added
pars. (3) and (4).
Subsec. (n)(5). Pub. L. 105–277, § 413(b)(1), added par.
(5).
Subsec. (p). Pub. L. 105–277, § 415(a), added subsec. (p)
relating to computation of prevailing wage level.
Subsec. (q). Pub. L. 105–277, § 431(a), added subsec. (q).
1997—Subsec. (a)(1)(A)(ii). Pub. L. 105–73, § 1(1), inserted ‘‘except as provided in subparagraph (C),’’ after
‘‘(ii)’’.
Subsec. (a)(1)(C). Pub. L. 105–73, § 1(2), added subpar.
(C).
1996—Pub. L. 104–208, § 308(d)(1)(A), amended section
catchline.
Subsec. (a). Pub. L. 104–208, § 308(d)(1)(C), substituted
‘‘is inadmissible’’ for ‘‘is excludable’’ wherever appearing in pars. (1) to (5), (6)(C) to (E), (G), (7), (8), (10)(A),
(C)(i), (D), and (E).
Pub. L. 104–208, § 308(d)(1)(B), substituted ‘‘aliens ineligible for visas or admission’’ for ‘‘excludable aliens’’
in heading and substituted ‘‘Except as otherwise provided in this chapter, aliens who are inadmissible under
the following paragraphs are ineligible to receive visas
and ineligible to be admitted to the United States:’’ for
‘‘Except as otherwise provided in this chapter, the following describes classes of excludable aliens who are
ineligible to receive visas and who shall be excluded
from admission into the United States:’’ in introductory provisions.
Subsec. (a)(1)(A)(ii) to (iv). Pub. L. 104–208, § 341(a),
added cl. (ii) and redesignated former cls. (ii) and (iii)
as (iii) and (iv), respectively.
Subsec. (a)(2)(B). Pub. L. 104–208, § 322(a)(2)(B), struck
out ‘‘actually imposed’’ after ‘‘confinement’’.
Subsec. (a)(2)(D)(i), (ii). Pub. L. 104–208, § 308(f)(1)(C),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(3)(B)(i)(I). Pub. L. 104–132, § 411(1)(A),
struck out ‘‘or’’ at end.
Subsec. (a)(3)(B)(i)(II). Pub. L. 104–132, § 411(1)(B), inserted ‘‘is engaged in or’’ after ‘‘ground to believe,’’.
Subsec. (a)(3)(B)(i)(III). Pub. L. 104–208, § 342(a)(2),
added subcl. (III). Former subcl. (III) redesignated (IV).
Pub. L. 104–132, § 411(1)(C), added subcl. (III).
Subsec. (a)(3)(B)(i)(IV). Pub. L. 104–208, § 355, inserted
‘‘which the alien knows or should have known is a terrorist organization’’ after ‘‘1189 of this title,’’.
Pub. L. 104–208, § 342(a)(1), redesignated subcl. (III) as
(IV). Former subcl. (IV) redesignated (V).
Pub. L. 104–132, § 411(1)(C), added subcl. (IV).
Subsec. (a)(3)(B)(i)(V). Pub. L. 104–208, § 342(a)(1), redesignated subcl. (IV) as (V).
Subsec. (a)(3)(B)(iii)(III). Pub. L. 104–208, § 342(a)(3),
inserted ‘‘documentation or’’ before ‘‘identification’’.
Subsec. (a)(3)(B)(iv). Pub. L. 104–132, § 411(2), added cl.
(iv).
Subsec. (a)(4). Pub. L. 104–208, § 531(a), amended heading and text of par. (4) generally. Prior to amendment,
text read as follows: ‘‘Any alien who, in the opinion of
the consular officer at the time of application for a
visa, or in the opinion of the Attorney General at the
time of application for admission or adjustment of
status, is likely at any time to become a public charge
is excludable.’’
Pub. L. 104–208, § 305(c), which directed amendment of
par.
(4)
by
substituting
‘‘1227(a)(5)(B)’’
for
‘‘1251(a)(5)(B)’’ each place it appears, could not be executed because ‘‘1251(a)(5)(B)’’ did not appear in par. (4).
Subsec. (a)(5)(A)(iii). Pub. L. 104–208, § 624(a), added cl.
(iii).
Subsec. (a)(5)(C). Pub. L. 104–208, § 343(2), added subpar. (C). Former subpar. (C) redesignated (D).
Pub. L. 104–208, § 308(d)(1)(D), substituted ‘‘inadmissibility’’ for ‘‘exclusion’’.
Subsec. (a)(5)(D). Pub. L. 104–208, § 343(1), redesignated
subpar. (C) as (D).

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(6)(A). Pub. L. 104–208, § 301(c)(1), amended
heading and text generally. Prior to amendment, text
read as follows: ‘‘Any alien who has been excluded from
admission and deported and who again seeks admission
within one year of the date of such deportation is excludable, unless prior to the alien’s reembarkation at a
place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney
General has consented to the alien’s reapplying for admission.’’
Subsec. (a)(6)(B). Pub. L. 104–208, § 301(c)(1), amended
heading and text generally. Prior to amendment, text
read as follows: ‘‘Any alien who—
‘‘(i) has been arrested and deported,
‘‘(ii) has fallen into distress and has been removed
pursuant to this chapter or any prior Act,
‘‘(iii) has been removed as an alien enemy, or
‘‘(iv) has been removed at Government expense in
lieu of deportation pursuant to section 1252(b) of this
title,
and (a) who seeks admission within 5 years of the date
of such deportation or removal, or (b) who seeks admission within 20 years in the case of an alien convicted of
an aggravated felony, is excludable, unless before the
date of the alien’s embarkation or reembarkation at a
place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney
General has consented to the alien’s applying or reapplying for admission.’’
Subsec. (a)(6)(C)(i). Pub. L. 104–208, § 308(f)(1)(D), substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(6)(C)(ii), (iii). Pub. L. 104–208, § 344(a),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(6)(F). Pub. L. 104–208, § 345(a)(1), amended
heading and text of subpar. (F) generally. Prior to
amendment, text read as follows: ‘‘An alien who is the
subject of a final order for violation of section 1324c of
this title is excludable.’’
Subsec. (a)(6)(G). Pub. L. 104–208, § 346(a), added subpar. (G).
Subsec. (a)(9). Pub. L. 104–208, § 301(b)(1), added par.
(9). Former par. (9) redesignated (10).
Subsec. (a)(10). Pub. L. 104–208, § 301(b)(1), redesignated par. (9) as (10).
Subsec. (a)(10)(B). Pub. L. 104–208, § 308(c)(2)(B),
amended heading and text of subpar. (B) generally.
Prior to amendment, text read as follows: ‘‘Any alien
accompanying another alien ordered to be excluded and
deported and certified to be helpless from sickness or
mental or physical disability or infancy pursuant to
section 1227(e) of this title, whose protection or guardianship is required by the alien ordered excluded and
deported, is excludable.’’
Subsec. (a)(10)(D). Pub. L. 104–208, § 347(a), added subpar. (D).
Subsec. (a)(10)(E). Pub. L. 104–208, § 352(a), added subpar. (E).
Subsec. (b). Pub. L. 104–208, § 308(d)(1)(F), which directed amendment of par. (2) by striking ‘‘or ineligible
for entry’’, was executed by striking the language in
par. (1)(B) before ‘‘or adjustment’’, to reflect the probable intent of Congress and the intervening redesignation of par. (2) as par. (1)(B) by Pub. L. 104–132, § 412(1).
See below.
Pub. L. 104–208, § 308(d)(1)(E), substituted ‘‘inadmissible’’ for ‘‘excludable’’ wherever appearing.
Pub. L. 104–132, § 412, designated existing provisions as
par. (1), substituted ‘‘Subject to paragraphs (2) and (3),
if’’ for ‘‘If’’, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, realigned margins, and
added pars. (2) and (3).
Subsec. (c). Pub. L. 104–208, § 304(b), struck out subsec.
(c) which read as follows: ‘‘Aliens lawfully admitted for
permanent residence who temporarily proceeded abroad
voluntarily and not under an order of deportation, and
who are returning to a lawful unrelinquished domicile
of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the
provisions of subsection (a) of this section (other than
paragraphs (3) and (9)(C)). Nothing contained in this

§ 1182

subsection shall limit the authority of the Attorney
General to exercise the discretion vested in him under
section 1181(b) of this title. This subsection shall not
apply to an alien who is deportable by reason of having
committed any criminal offense covered in section
1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for
which both predicate offenses are, without regard to
the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of this title.’’
Pub. L. 104–132, § 440(d)(2), as amended by Pub. L.
104–208, §§ 306(d), 308(g)(1), (10)(H), substituted ‘‘is deportable by reason of having committed any criminal
offense covered in section 1227(a)(2)(A)(iii), (B), (C), or
(D) of this title, or any offense covered by section
1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of
this title.’’ for ‘‘has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.’’
Pub. L. 104–132, § 440(d)(1), substituted ‘‘This’’ for
‘‘The first sentence of this’’ in third sentence.
Subsec. (d)(1). Pub. L. 104–208, § 308(e)(1)(B), substituted ‘‘removal’’ for ‘‘deportation’’.
Pub. L. 104–208, § 308(d)(1)(D), substituted ‘‘inadmissibility’’ for ‘‘exclusion’’.
Subsec. (d)(3). Pub. L. 104–208, § 308(d)(1)(E), substituted ‘‘inadmissible aliens’’ for ‘‘excludable aliens’’.
Subsec. (d)(4). Pub. L. 104–208, § 308(g)(1), substituted
‘‘section 1223(c)’’ for ‘‘section 1228(c)’’.
Subsec. (d)(5)(A). Pub. L. 104–208, § 602(a), substituted
‘‘only on a case-by-case basis for urgent humanitarian
reasons or significant public benefit’’ for ‘‘for emergent
reasons or for reasons deemed strictly in the public interest’’.
Subsec. (d)(7). Pub. L. 104–208, § 308(g)(4)(B), substituted ‘‘section 1231(c)’’ for ‘‘section 1227(a)’’.
Pub. L. 104–208, § 308(e)(2)(A), substituted ‘‘removed’’
for ‘‘deported’’.
Pub. L. 104–208, § 308(d)(1)(G), substituted ‘‘denied admission’’ for ‘‘excluded from admission’’.
Subsec. (d)(11). Pub. L. 104–208, § 671(e)(3), inserted
comma after ‘‘(4) thereof)’’.
Pub. L. 104–208, § 351(a), inserted ‘‘an individual who
at the time of such action was’’ after ‘‘aided only’’.
Pub. L. 104–208, § 308(e)(1)(C), substituted ‘‘removal’’
for ‘‘deportation’’.
Subsec. (d)(12). Pub. L. 104–208, § 345(a)(2), added par.
(12).
Subsec. (e). Pub. L. 104–208, § 622(b), inserted ‘‘, or in
the case of a waiver requested by an interested United
States Government agency on behalf of an alien described in clause (iii),’’ before ‘‘the waiver shall be subject to’’.
Subsec. (f). Pub. L. 104–208, § 124(b)(1), inserted at end
‘‘Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the
Attorney General relating to requirements of airlines
for the detection of fraudulent documents used by passengers traveling to the United States (including the
training of personnel in such detection), the Attorney
General may suspend the entry of some or all aliens
transported to the United States by such airline.’’
Subsec. (g). Pub. L. 104–208, § 341(b), substituted a
semicolon for ‘‘, or’’ at end of par. (1)(B), inserted ‘‘in
accordance with such terms, conditions, and controls,
if any, including the giving of bond, as the Attorney
General, in the discretion of the Attorney General after
consultation with the Secretary of Health and Human
Services, may by regulation prescribe;’’ as par. (1) concluding provisions, and substituted pars. (2) and (3) for
former par. (2) and concluding provisions which read as
follows:
‘‘(2) subsection (a)(1)(A)(ii) of this section in the
case of any alien,
in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in his discretion after consultation with
the Secretary of Health and Human Services, may by
regulation prescribe.’’

§ 1182

TITLE 8—ALIENS AND NATIONALITY

Subsec. (h). Pub. L. 104–208, § 348(a), inserted at end of
concluding provisions ‘‘No waiver shall be granted
under this subsection in the case of an alien who has
previously been admitted to the United States as an
alien lawfully admitted for permanent residence if either since the date of such admission the alien has been
convicted of an aggravated felony or the alien has not
lawfully resided continuously in the United States for
a period of not less than 7 years immediately preceding
the date of initiation of proceedings to remove the
alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to
grant or deny a waiver under this subsection.’’
Pub. L. 104–208, § 308(g)(10)(A), which directed substitution of ‘‘paragraphs (1) and (2) of section 1229b(a) of
this title’’ for ‘‘subsection (c) of this section’’, could
not be executed because the language ‘‘subsection (c) of
this section’’ did not appear.
Subsec. (h)(1)(A)(i). Pub. L. 104–208, § 308(f)(1)(E), substituted ‘‘admission’’ for ‘‘entry’’.
Pub. L. 104–208, § 308(d)(1)(E), substituted ‘‘inadmissible’’ for ‘‘excludable’’ in two places.
Subsec. (h)(1)(B). Pub. L. 104–208, § 308(d)(1)(H), substituted ‘‘denial of admission’’ for ‘‘exclusion’’.
Subsec. (i). Pub. L. 104–208, § 349, amended subsec. (i)
generally. Prior to amendment, subsec. (i) read as follows: ‘‘The Attorney General may, in his discretion,
waive application of clause (i) of subsection (a)(6)(C) of
this section—
‘‘(1) in the case of an immigrant who is the spouse,
parent, or son or daughter of a United States citizen
or of an immigrant lawfully admitted for permanent
residence, or
‘‘(2) if the fraud or misrepresentation occurred at
least 10 years before the date of the immigrant’s application for a visa, entry, or adjustment of status
and it is established to the satisfaction of the Attorney General that the admission to the United States
of such immigrant would not be contrary to the national welfare, safety, or security of the United
States.’’
Subsec. (j)(1)(D). Pub. L. 104–208, § 308(f)(1)(F), substituted ‘‘admission’’ for ‘‘entry’’ in introductory provisions.
Subsec. (j)(1)(D)(ii). Pub. L. 104–208, § 308(f)(3)(A), substituted ‘‘is admitted to’’ for ‘‘enters’’.
Subsec. (k). Pub. L. 104–208, § 308(d)(1)(E), substituted
‘‘inadmissible’’ for ‘‘excludable’’.
Pub. L. 104–208, § 308(d)(1)(D), substituted ‘‘inadmissibility’’ for ‘‘exclusion’’.
Subsec. (l)(2)(B). Pub. L. 104–208, § 308(e)(6), substituted ‘‘removal of’’ for ‘‘deportation against’’.
1994—Subsec. (a)(2)(A)(i)(I). Pub. L. 103–416, § 203(a)(1),
inserted ‘‘or an attempt or conspiracy to commit such
a crime’’ after ‘‘offense)’’.
Subsec. (a)(2)(A)(i)(II). Pub. L. 103–416, § 203(a)(2), inserted ‘‘or attempt’’ after ‘‘conspiracy’’.
Subsec. (a)(5)(C). Pub. L. 103–416, § 219(z)(5), amended
directory language of Pub. L. 102–232, § 307(a)(6). See
1991 Amendment note below.
Subsec. (d)(1). Pub. L. 103–322 added par. (1).
Subsec. (d)(11). Pub. L. 103–416, § 219(e), substituted
‘‘voluntarily’’ for ‘‘voluntary’’.
Subsec. (e). Pub. L. 103–416, § 220(a), in first proviso,
inserted ‘‘(or, in the case of an alien described in clause
(iii), pursuant to the request of a State Department of
Public Health, or its equivalent)’’ after ‘‘interested
United States Government agency’’ and ‘‘except that in
the case of a waiver requested by a State Department
of Public Health, or its equivalent the waiver shall be
subject to the requirements of section 1184(k) of this
title’’ after ‘‘public interest’’.
Subsec. (h). Pub. L. 103–416, § 203(a)(3), inserted before
period at end ‘‘, or an attempt or conspiracy to commit
murder or a criminal act involving torture’’.
Subsec. (n)(1)(A)(i). Pub. L. 103–416, § 219(z)(1), made
technical correction to Pub. L. 102–232, § 303(a)(7)(B)(i).
See 1991 Amendment note below.
Subsec. (o). Pub. L. 103–317, § 506(a), (c), temporarily
added subsec. (o) which read as follows: ‘‘An alien who

Page 154

has been physically present in the United States shall
not be eligible to receive an immigrant visa within
ninety days following departure therefrom unless—
‘‘(1) the alien was maintaining a lawful nonimmigrant status at the time of such departure, or
‘‘(2) the alien is the spouse or unmarried child of an
individual who obtained temporary or permanent
resident status under section 1160 or 1255a of this title
or section 202 of the Immigration Reform and Control
Act of 1986 at any date, who—
‘‘(A) as of May 5, 1988, was the unmarried child or
spouse of the individual who obtained temporary or
permanent resident status under section 1160 or
1255a of this title or section 202 of the Immigration
Reform and Control Act of 1986;
‘‘(B) entered the United States before May 5, 1988,
resided in the United States on May 5, 1988, and is
not a lawful permanent resident; and
‘‘(C) applied for benefits under section 301(a) of
the Immigration Act of 1990.’’
See Effective and Termination Dates of 1994 Amendments note below.
1993—Subsec. (a)(1)(A)(i). Pub. L. 103–43 inserted at
end ‘‘which shall include infection with the etiologic
agent for acquired immune deficiency syndrome,’’.
1991—Subsec.
(a)(1)(A)(ii)(II).
Pub.
L.
102–232,
§ 307(a)(1), inserted ‘‘or’’ at end.
Subsec. (a)(3)(A)(i). Pub. L. 102–232, § 307(a)(2), inserted
‘‘(I)’’ after ‘‘any activity’’ and ‘‘(II)’’ after ‘‘sabotage
or’’.
Subsec. (a)(3)(B)(iii)(III). Pub. L. 102–232, § 307(a)(3),
substituted ‘‘a terrorist activity’’ for ‘‘an act of terrorist activity’’.
Subsec. (a)(3)(C)(iv). Pub. L. 102–232, § 307(a)(5), substituted ‘‘identity’’ for ‘‘identities’’.
Subsec. (a)(3)(D)(iv). Pub. L. 102–232, § 307(a)(4), substituted ‘‘if the immigrant’’ for ‘‘if the alien’’.
Subsec. (a)(5). Pub. L. 102–232, § 302(e)(6), repealed Pub.
L. 101–649, § 162(e)(1). See 1990 Amendment note below.
Subsec. (a)(5)(C). Pub. L. 102–232, § 307(a)(6), as amended by Pub. L. 103–416, § 219(z)(5), substituted ‘‘immigrants seeking admission or adjustment of status under
paragraph (2) or (3) of section 1153(b) of this title’’ for
‘‘preference immigrant aliens described in paragraph
(3) or (6) of section 1153(a) of this title and to nonpreference immigrant aliens described in section
1153(a)(7) of this title’’.
Subsec. (a)(6)(B). Pub. L. 102–232, § 307(a)(7), in closing
provisions, substituted ‘‘(a) who seeks’’ for ‘‘who
seeks’’, ‘‘, or (b) who seeks admission’’ for ‘‘(or’’, and
‘‘felony,’’ for ‘‘felony)’’.
Subsec. (a)(6)(E)(ii), (iii). Pub. L. 102–232, § 307(a)(8),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(8)(B). Pub. L. 102–232, § 307(a)(9), substituted ‘‘person’’ for ‘‘alien’’ after ‘‘Any’’.
Subsec. (a)(9)(C)(i). Pub. L. 102–232, § 307(a)(10)(A), substituted ‘‘an order by a court in the United States
granting custody to a person of a United States citizen
child who detains or retains the child, or withholds custody of the child, outside the United States from the
person granted custody by that order, is excludable
until the child is surrendered to the person granted
custody by that order’’ for ‘‘a court order granting custody to a citizen of the United States of a child having
a lawful claim to United States citizenship, detains, retains, or withholds custody of the child outside the
United States from the United States citizen granted
custody, is excludable until the child is surrendered to
such United States citizen’’.
Subsec. (a)(9)(C)(ii). Pub. L. 102–232, § 307(a)(10)(B),
substituted ‘‘so long as the child is located in a foreign
state that is a party’’ for ‘‘to an alien who is a national
of a foreign state that is a signatory’’.
Subsec. (a)(17). Pub. L. 102–232, § 306(a)(12), amended
Pub. L. 101–649, § 514(a). See 1990 Amendment note
below.
Subsec. (c). Pub. L. 102–232, § 307(b), substituted
‘‘paragraphs (3) and (9)(C)’’ for ‘‘subparagraphs (A), (B),
(C), or (E) of paragraph (3)’’.
Pub. L. 102–232, § 306(a)(10), substituted ‘‘one or more
aggravated felonies and has served for such felony or
felonies’’ for ‘‘an aggravated felony and has served’’.

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (d)(3). Pub. L. 102–232, § 307(c), substituted
‘‘(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),’’ for ‘‘(3)(A),’’ in two
places and ‘‘(3)(E)’’ for ‘‘(3)(D)’’ in two places.
Subsec. (d)(11). Pub. L. 102–232, § 307(d), inserted ‘‘and
in the case of an alien seeking admission or adjustment
of status as an immediate relative or immigrant under
section 1153(a) of this title (other than paragraph (4)
thereof)’’ after ‘‘section 1181(b) of this title’’.
Subsec. (g)(1). Pub. L. 102–232, § 307(e), substituted
‘‘subsection (a)(1)(A)(i)’’ for ‘‘section (a)(1)(A)(i)’’.
Subsec. (h). Pub. L. 102–232, § 307(f)(1), struck out ‘‘in
the case of an immigrant who is the spouse, parent,
son, or daughter of a citizen of the United States or
alien lawfully admitted for permanent residence’’ after
‘‘marijuana’’ in introductory provisions.
Subsec. (h)(1). Pub. L. 102–232, § 307(f)(2), designated
existing provisions as subpar. (A) and inserted ‘‘in the
case of any immigrant’’ in introductory provisions, redesignated former subpars. (A) to (C) as cls. (i) to (iii),
respectively, struck out ‘‘and’’ at end of cl. (i), substituted ‘‘or’’ for ‘‘and’’ at end of cl. (iii), and added
subpar. (B).
Subsec. (i). Pub. L. 102–232, § 307(g), substituted ‘‘immigrant’’ and ‘‘immigrant’s’’ for ‘‘alien’’ and ‘‘alien’s’’,
respectively, wherever appearing.
Subsec. (j)(1)(D). Pub. L. 102–232, § 309(b)(7), substituted ‘‘United States Information Agency’’ for
‘‘International Communication Agency’’.
Subsec. (j)(2). Pub. L. 102–232, § 303(a)(5)(B), added par.
(2) and struck out former par. (2) which related to inapplicability of par. (1)(A) and (B)(ii)(I) requirements between effective date of subsec. and Dec. 31, 1983.
Subsec. (j)(3). Pub. L. 102–232, § 309(b)(7), substituted
‘‘United States Information Agency’’ for ‘‘International Communication Agency’’.
Subsec. (m)(2)(A). Pub. L. 102–232, § 302(e)(9), inserted,
after first sentence of closing provisions, sentence relating to attestation that facility will not replace
nurse with nonimmigrant for period of one year after
layoff.
Subsec. (n)(1). Pub. L. 102–232, § 303(a)(7)(B)(ii), (iii),
redesignated matter after first sentence of subpar. (D)
as closing provisions of par. (1), substituted ‘‘(and such
accompanying documents as are necessary)’’ for ‘‘(and
accompanying documentation)’’, and inserted last two
sentences providing for review and certification by Secretary of Labor.
Subsec. (n)(1)(A)(i). Pub. L. 102–232, § 303(a)(7)(B)(i), as
amended by Pub. L. 103–416, § 219(z)(1), in introductory
provisions substituted ‘‘admitted or provided status as
a nonimmigrant described in section 1101(a)(15)(H)(i)(b)
of this title’’ for ‘‘and to other individuals employed in
the occupational classification and in the area of employment’’, in closing provisions substituted ‘‘based on
the best information available’’ for ‘‘determined’’, and
amended subcl. (I) generally. Prior to amendment,
subcl. (I) read as follows: ‘‘the actual wage level for the
occupational classification at the place of employment,
or’’.
Subsec. (n)(1)(A)(ii). Pub. L. 102–232, § 303(a)(6), substituted ‘‘for such a nonimmigrant’’ for ‘‘for such
aliens’’.
Subsec. (n)(1)(D). Pub. L. 102–232, § 303(a)(7)(B)(iii), redesignated matter after first sentence as closing provisions of par. (1).
Subsec. (n)(2)(C). Pub. L. 102–232, § 303(a)(7)(B)(iv),
substituted ‘‘of paragraph (1)(B), a substantial failure
to meet a condition of paragraphs (1)(C) or (1)(D), a
willful failure to meet a condition of paragraph (1)(A),
or a misrepresentation’’ for ‘‘(or a substantial failure in
the case of a condition described in subparagraph (C) or
(D) of paragraph (1)) or misrepresentation’’.
Subsec. (n)(2)(D). Pub. L. 102–232, § 303(a)(7)(B)(v), (vi),
substituted ‘‘If’’ for ‘‘In addition to the sanctions provided under subparagraph (C), if’’ and inserted before
period at end ‘‘, whether or not a penalty under subparagraph (C) has been imposed’’.
1990—Subsec. (a). Pub. L. 101–649, § 601(a), amended
subsec. (a) generally, decreasing number of classes of
excludable aliens from 34 to 9 by broadening descriptions of such classes.

§ 1182

Pub. L. 101–649, § 514(a), as amended by Pub. L. 102–232,
§ 306(a)(12), substituted ‘‘20 years’’ for ‘‘ten years’’ in
par. (17).
Pub. L. 101–649, § 162(e)(1), which provided that par. (5)
is amended in subpar. (A), by striking ‘‘Any alien who
seeks to enter the United States for the purpose of performing skilled or unskilled labor’’ and inserting ‘‘Any
alien who seeks admission or status as an immigrant
under paragraph (2) or (3) of section 1153(b) of this title,
in subpar. (B), by inserting ‘‘who seeks admission or
status as an immigrant under paragraph (2) or (3) of
section 1153(b) of this title’’ after ‘‘An alien’’ the first
place it appears, and by striking subpar. (C), was repealed by Pub. L. 102–232, § 302(e)(6). See Construction of
1990 Amendment note below.
Pub. L. 101–246, § 131(a), added par. (34) which read as
follows: ‘‘Any alien who has committed in the United
States any serious criminal offense, as defined in section 1101(h) of this title, for whom immunity from
criminal jurisdiction was exercised with respect to that
offense, who as a consequence of the offense and the exercise of immunity has departed the United States, and
who has not subsequently submitted fully to the jurisdiction of the court in the United States with jurisdiction over the offense.’’
Subsec. (b). Pub. L. 101–649, § 601(b), added subsec. (b)
and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(25).
Subsec. (c). Pub. L. 101–649, § 601(d)(1), substituted
‘‘subsection (a) of this section (other than subparagraphs (A), (B), (C), or (E) of paragraph (3))’’ for ‘‘paragraph (1) through (25) and paragraphs (30) and (31) of
subsection (a) of this section’’.
Pub. L. 101–649, § 511(a), inserted at end ‘‘The first sentence of this subsection shall not apply to an alien who
has been convicted of an aggravated felony and has
served a term of imprisonment of at least 5 years.’’
Subsec. (d)(1), (2). Pub. L. 101–649, § 601(d)(2)(A), struck
out pars. (1) and (2) which related to applicability of
subsec. (a)(11), (25), and (28).
Subsec. (d)(3). Pub. L. 101–649, § 601(d)(2)(B), substituted ‘‘under subsection (a) of this section (other
than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)’’ for ‘‘under one or more of the paragraphs enumerated in subsection (a) of this section (other than
paragraphs (27), (29), and (33))’’ wherever appearing, and
inserted at end ‘‘The Attorney General shall prescribe
conditions, including exaction of such bonds as may be
necessary, to control and regulate the admission and
return of excludable aliens applying for temporary admission under this paragraph.’’
Subsec. (d)(4). Pub. L. 101–649, § 601(d)(2)(C), substituted ‘‘(7)(B)(i)’’ for ‘‘(26)’’.
Subsec. (d)(5)(A). Pub. L. 101–649, § 202(b), inserted ‘‘or
in section 1184(f) of this title’’ after ‘‘except as provided
in subparagraph (B)’’.
Subsec. (d)(6). Pub. L. 101–649, § 601(d)(2)(A), struck
out par. (6) which directed that Attorney General prescribe conditions to control excludable aliens applying
for temporary admission.
Subsec. (d)(7). Pub. L. 101–649, § 601(d)(2)(D), substituted ‘‘(other than paragraph (7))’’ for ‘‘of this section, except paragraphs (20), (21), and (26),’’.
Subsec. (d)(8). Pub. L. 101–649, § 601(d)(2)(E), substituted ‘‘(3)(A), (3)(B), (3)(C), and (7)(B)’’ for ‘‘(26), (27),
and (29)’’.
Subsec. (d)(9), (10). Pub. L. 101–649, § 601(d)(2)(A),
struck out pars. (9) and (10) which related to applicability of pars. (7) and (15), respectively, of subsec. (a).
Subsec. (d)(11). Pub. L. 101–649, § 601(d)(2)(F), added
par. (11).
Subsec. (g). Pub. L. 101–649, § 601(d)(3), amended subsec. (g) generally, substituting provisions relating to
waiver of application for provisions relating to admission of mentally retarded, tubercular, and mentally ill
aliens.
Subsec. (h). Pub. L. 101–649, § 601(d)(4), amended subsec. (h) generally, substituting provisions relating to
waiver of certain subsec. (a)(2) provisions for provisions
relating to nonapplicability of subsec. (a)(9), (10), (12),
(23), and (34).

§ 1182

TITLE 8—ALIENS AND NATIONALITY

Pub. L. 101–246, § 131(c), substituted ‘‘(12), or (34)’’ for
‘‘or (12)’’.
Subsec. (i). Pub. L. 101–649, § 601(d)(5), amended subsec. (i) generally, substituting provisions relating to
waiver of subsec. (a)(6)(C)(i) of this section for provisions relating to admission of alien spouse, parent or
child excludable for fraud.
Subsec. (k). Pub. L. 101–649, § 601(d)(6), substituted
‘‘paragraph (5)(A) or (7)(A)(i)’’ for ‘‘paragraph (14), (20),
or (21)’’.
Subsec. (l). Pub. L. 101–649, § 601(d)(7), substituted
‘‘paragraph (7)(B)(i)’’ for ‘‘paragraph (26)(B)’’.
Subsec. (m)(2)(A). Pub. L. 101–649, § 162(f)(2)(B), in
opening provision, struck out ‘‘, with respect to a facility for which an alien will perform services,’’ before ‘‘is
an attestation’’, in cl. (iii) inserted ‘‘employed by the
facility’’ after ‘‘The alien’’, and inserted at end ‘‘In the
case of an alien for whom an employer has filed an attestation under this subparagraph and who is performing services at a worksite other than the employer’s or
other than a worksite controlled by the employer, the
Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order
to avoid duplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the attestor, or
for other good cause.’’
Subsec. (n). Pub. L. 101–649, § 205(c)(3), added subsec.
(n).
1989—Subsec. (m). Pub. L. 101–238 added subsec. (m).
1988—Subsec. (a)(17). Pub. L. 100–690 inserted ‘‘(or
within ten years in the case of an alien convicted of an
aggravated felony)’’ after ‘‘within five years’’.
Subsec. (a)(19). Pub. L. 100–525, § 7(c)(1), made technical correction to directory language of Pub. L. 99–639,
§ 6(a). See 1986 Amendment note below.
Subsec. (a)(32). Pub. L. 100–525, § 9(i)(1), substituted
‘‘Secretary of Education’’ for ‘‘Commissioner of Education’’ and ‘‘Secretary of Health and Human Services’’
for ‘‘Secretary of Health, Education, and Welfare’’.
Subsec. (d)(4). Pub. L. 100–525, § 8(f), added Pub. L.
99–653, § 7(d)(2). See 1986 Amendment note below.
Subsec. (e). Pub. L. 100–525, § 9(i)(2), substituted ‘‘Director of the United States Information Agency’’ for
‘‘Secretary of State’’ the first place appearing, and ‘‘Director’’ for ‘‘Secretary of State’’ each subsequent place
appearing.
Subsec. (g). Pub. L. 100–525, § 9(i)(3), substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Surgeon
General of the United States Public Health Service’’
wherever appearing.
Subsec. (h). Pub. L. 100–525, § 9(i)(4), substituted
‘‘paragraph (9)’’ for ‘‘paragraphs (9)’’.
Subsec. (i). Pub. L. 100–525, § 7(c)(3), added Pub. L.
99–639, § 6(b). See 1986 Amendment note below.
Subsec. (l). Pub. L. 100–525, § 3(1)(A), made technical
correction to Pub. L. 99–396, § 14(a). See 1986 Amendment note below.
1987—Subsec. (a)(23). Pub. L. 100–204 amended par. (23)
generally. Prior to amendment, par. (23) read as follows: ‘‘Any alien who has been convicted of a violation
of, or a conspiracy to violate, any law or regulation of
a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802
of title 21); or any alien who the consular officer or immigration officer know or have reason to believe is or
has been an illicit trafficker in any such controlled
substance;’’.
1986—Subsec. (a)(19). Pub. L. 99–639, § 6(a), as amended
by Pub. L. 100–525, § 7(c)(1), amended par. (19) generally.
Prior to amendment, par. (19) read as follows: ‘‘Any
alien who seeks to procure, or has sought to procure, or
has procured a visa or other documentation, or seeks to
enter the United States, by fraud, or by willfully misrepresenting a material fact;’’.
Subsec. (a)(23). Pub. L. 99–570 substituted ‘‘any law or
regulation of a State, the United States, or a foreign
country relating to a controlled substance (as defined
in section 802 of title 21)’’ for ‘‘any law or regulation relating to the illicit possession of or traffic in narcotic

Page 156

drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture,
production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale,
exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, or
any salt derivative, or preparation of opium or coca
leaves, or isonipecaine or any addiction-forming or addiction-sustaining opiate’’ and ‘‘any such controlled
substance’’ for ‘‘any of the aforementioned drugs’’.
Subsec. (a)(24). Pub. L. 99–653 struck out par. (24)
which related to aliens seeking admission from foreign
contiguous territory or adjacent islands who arrived
there on vessel or aircraft of nonsignatory line or noncomplying transportation line and have not resided
there at least two years subsequent to such arrival, except for aliens described in section 1101(a)(27)(A) of this
title and aliens born in Western Hemisphere, and further provided that no paragraph following par. (24)
shall be redesignated as result of this amendment.
Subsec. (d)(4). Pub. L. 99–653, § 7(d)(2), as added by
Pub. L. 100–525, § 8(f), substituted ‘‘section 1228(c) of this
title’’ for ‘‘section 1228(d) of this title’’.
Subsec. (i). Pub. L. 99–639, § 6(b), as added by Pub. L.
100–525, § 7(c)(3), inserted ‘‘or other benefit under this
chapter’’ after ‘‘United States,’’.
Subsec. (l). Pub. L. 99–396, § 14(a), as amended by Pub.
L. 100–525, § 3(1)(A), amended subsec. (l) generally, designating existing provisions as par. (1) and redesignating former pars. (1) and (2) as subpars. (A) and (B), respectively, inserting in par. (1) as so designated reference to consultation with the Governor of Guam, inserting in subpar. (B) as so redesignated reference to
the welfare, safety, and security of the territories and
commonwealths of the United States, and adding pars.
(2) and (3).
1984—Subsec. (a)(9). Pub. L. 98–473 amended last sentence generally. Prior to amendment, last sentence
read as follows: ‘‘Any alien who would be excludable because of a conviction of a misdemeanor classifiable as
a petty offense under the provisions of section 1(3) of
title 18, by reason of the punishment actually imposed,
or who would be excludable as one who admits the commission of an offense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18,
by reason of the punishment which might have been
imposed upon him, may be granted a visa and admitted
to the United States if otherwise admissible: Provided,
That the alien has committed only one such offense, or
admits the commission of acts which constitute the essential elements of only one such offense;’’.
Subsec. (l). Pub. L. 98–454 added subsec. (l).
1981—Subsec. (a)(17). Pub. L. 97–116, § 4(1), inserted
‘‘and who seek admission within five years of the date
of such deportation or removal,’’ after ‘‘section 1252(b)
of this title,’’.
Subsec. (a)(32). Pub. L. 97–116, §§ 5(a)(1), 18(e)(1), substituted ‘‘in the United States)’’ for ‘‘in the United
States’’ and inserted provision that for purposes of this
paragraph an alien who is a graduate of a medical
school be considered to have passed parts I and II of the
National Board of Medical Examiners examination if
the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date.
Subsec. (d)(6). Pub. L. 97–116, § 4(2), struck out provision that the Attorney General make a detailed report
to Congress in any case in which he exercises his authority under par. (3) of this subsection on behalf of
any alien excludable under subsec. (a)(9), (10), and (28)
of this section.
Subsec. (h). Pub. L. 97–116, § 4(3), substituted ‘‘paragraphs (9), (10), or (12) of subsection (a) of this section
or paragraph (23) of such subsection as such paragraph
relates to a single offense of simple possession of 30
grams or less of marihuana’’ for ‘‘paragraphs (9), (10),
or (12) of subsection (a) of this section’’.

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (j)(1). Pub. L. 97–116, § 5(b)(1), inserted ‘‘as follows’’ after ‘‘training are’’.
Subsec. (j)(1)(A). Pub. L. 97–116, § 5(b)(3), (4), substituted ‘‘Secretary of Education’’ for ‘‘Commissioner
of Education’’ and a period for the semicolon at the
end.
Subsec. (j)(1)(B). Pub. L. 97–116, § 5(a)(2), (b)(3), (7)(A),
(B), substituted ‘‘Secretary of Education’’ for ‘‘Commissioner of Education’’, ‘‘(ii)(I)’’ for ‘‘(ii)’’, and ‘‘Secretary of Health and Human Services’’ for ‘‘Secretary
of Health, Education, and Welfare’’; inserted ‘‘(II)’’ before ‘‘has competency’’, ‘‘(III)’’ before ‘‘will be able to
adapt’’, and ‘‘(IV)’’ before ‘‘has adequate prior education’’; and inserted provision that for purposes of this
subparagraph an alien who is a graduate of a medical
school be considered to have passed parts I and II of the
National Board of Medical Examiners examination if
the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date.
Subsec. (j)(1)(C). Pub. L. 97–116, § 5(b)(2)–(4), struck
out ‘‘(including any extension of the duration thereof
under subparagraph (D))’’ after ‘‘to the United States’’
and substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Secretary of Health, Education, and Welfare’’ and a period for ‘‘; and’’ at end.
Subsec. (j)(1)(D). Pub. L. 97–116, § 5(b)(5), substituted
provision permitting aliens coming to the United
States to study in medical residency training programs
to remain until the typical completion date of the program, as determined by the Director of the International Communication Agency at the time of the
alien’s entry, based on criteria established in coordination with the Secretary of Health and Human Services,
except that such duration be limited to seven years unless the alien demonstrates to the satisfaction of the
Director that the country to which the alien will return after such specialty education has exceptional
need for an individual trained in such specialty, and
that the alien may change enrollment in programs once
within two years after coming to the United States if
approval of the Director is obtained and further commitments are obtained from the alien to assure that,
upon completion of the program, the alien would return
to his country for provision limiting the duration of
the alien’s participation in the program for which he is
coming to the United States to not more than 2 years,
with a possible one year extension.
Subsec. (j)(1)(E). Pub. L. 97–116, § 5(b)(6), added subpar.
(E).
Subsec. (j)(2)(A). Pub. L. 97–116, § 5(b)(7)(C)–(F), substituted ‘‘and (B)(ii)(I)’’ for ‘‘and (B)’’ and ‘‘1983’’ for
‘‘1981’’; inserted ‘‘(i) the Secretary of Health and
Human Services determines, on a case-by-case basis,
that’’ after ‘‘if’’; and added cl. (ii).
Subsec. (j)(2)(B). Pub. L. 97–116, § 5(b)(7)(G), inserted
provision directing Secretary of Health and Human
Services, in coordination with Attorney General and
Director of the International Communication Agency,
to monitor the issuance of waivers under subpar. (A)
and the needs of the communities, with respect to
which such waivers are issued, to assure that quality
medical care is provided and to review each program
with such a waiver to assure that the plan described in
subpar. (A)(ii) is being carried out and that the participants in such program are being provided appropriate
supervision in their medical education and training.
Subsec. (j)(2)(C). Pub. L. 97–116, § 5(b)(7)(G), added subpar. (C).
Subsec. (j)(3). Pub. L. 97–116, § 5(b)(8), added par. (3).
Subsec. (k). Pub. L. 97–116, § 18(e)(2), added subsec. (k).
1980—Subsec. (a)(14), (32). Pub. L. 96–212, § 203(d), substituted ‘‘1153(a)(7)’’ for ‘‘1153(a)(8)’’.
Subsec. (d)(5). Pub. L. 96–212, § 203(f), redesignated existing provisions as subpar. (A), inserted provision excepting subpar. (B), and added subpar. (B).
Subsec. (j)(2)(A). Pub. L. 96–538 substituted ‘‘December 30, 1981’’ for ‘‘December 30, 1980’’.
1979—Subsec. (d)(9), (10). Pub. L. 96–70 added pars. (9)
and (10).

§ 1182

1978—Subsec. (a)(33). Pub. L. 95–549, § 101, added par.
(33).
Subsec. (d)(3). Pub. L. 95–549, § 102, inserted reference
to par. (33) in parenthetical text.
1977—Subsec. (a)(32). Pub. L. 95–83, § 307(q)(1), inserted
‘‘not accredited by a body or bodies approved for the
purpose by the Commissioner of Education (regardless
of whether such school of medicine is in the United
States’’ after ‘‘graduates of a medical school’’ in first
sentence and struck out second sentence exclusion of
aliens provision with respect to application to special
immigrants defined in section 1101(a)(27)(A) of this title
(other than the parents, spouses, or children of the
United States citizens or of aliens lawfully admitted
for permanent residence).
Subsec. (j)(1)(B). Pub. L. 95–83, § 307(q)(2)(A), inserted
cl. (i) and designated existing provisions as cl. (ii).
Subsec. (j)(1)(C). Pub. L. 95–83, § 307(q)(2)(B), substituted ‘‘that there is a need in that country for persons with the skills the alien will acquire in such education or training’’ for ‘‘that upon such completion and
return, he will be appointed to a position in which he
will fully utilize the skills acquired in such education
or training in the government of that country or in an
educational or other appropriate institution or agency
in that country’’.
Subsec. (j)(1)(D). Pub. L. 95–83, § 307(q)(2)(C), substituted ‘‘at the written request’’ for ‘‘at the request’’,
struck out cl. ‘‘(i) such government provides a written
assurance, satisfactory to the Secretary of Health,
Education, and Welfare, that the alien will, at the end
of such extension, be appointed to a position in which
he will fully utilize the skills acquired in such education or training in the government of that country or
in an educational or other appropriate institution or
agency in that country,’’, and redesignated as cls. (i)
and (ii) former cls. (ii) and (iii).
Subsec. (j)(2)(A). Pub. L. 95–83, § 307(q)(2)(D), substituted ‘‘(A) and (B)’’ for ‘‘(A) through (D)’’.
1976—Subsec. (a)(14). Pub. L. 94–571, § 5, in revising
par. (14), inserted in cl. (A) ‘‘(or equally qualified in the
case of aliens who are members of the teaching profession or who have exceptional ability in the sciences or
the arts)’’ and struck out ‘‘in the United States’’ after
‘‘sufficient workers’’ and ‘‘destined’’ before ‘‘to perform’’ and introductory provision of last sentence making exclusion of aliens under par. (14) applicable to special immigrants defined in former provision of section
1101(a)(27)(A) of this title (other than the parents,
spouses, or children of United States citizens or of
aliens lawfully admitted to the United States for permanent residence).
Subsec. (a)(24). Pub. L. 94–571, § 7(d), substituted in
parenthetical text ‘‘section 1101(a)(27)(A) of this title
and aliens born in the Western Hemisphere’’ for ‘‘section 1101(a)(27)(A) and (B) of this title’’.
Subsec. (a)(32). Pub. L. 94–484, § 601(a), added par. (32).
Subsec. (e). Pub. L. 94–484, § 601(c), substituted ‘‘(i)
whose’’ for ‘‘whose (i)’’, and ‘‘residence, (ii)’’ for ‘‘residence, or (ii)’’, inserted ‘‘or (iii) who came to the
United States or acquired such status in order to receive graduate medical education or training,’’ before
‘‘shall be eligible’’, and inserted ‘‘, except in the case of
an alien described in clause (iii),’’ in second proviso.
Subsec. (j). Pub. L. 94–484, § 601(d), added subsec. (j).
1970—Subsec. (e). Pub. L. 91–225 inserted cls. (i) and
(ii) and reference to eligibility for nonimmigrant visa
under section 1101(a)(15)(L) of this title, provided for
waiver of requirement of two-year foreign residence
abroad where alien cannot return to the country of his
nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion or where the foreign country of alien’s
nationality or last residence has furnished a written
statement that it has no objection to such waiver for
such alien, and struck out alternative provision for residence and physical presence in another foreign country and former first and final provisos which read as
follows: ‘‘Provided, That such residence in another foreign country shall be considered to have satisfied the

§ 1182

TITLE 8—ALIENS AND NATIONALITY

requirements of this subsection if the Secretary of
State determines that it has served the purpose and the
intent of the Mutual Educational and Cultural Exchange Act of 1961’’ and ‘‘And provided further, That
the provisions of this subchapter shall apply also to
those persons who acquired exchange visitor status
under the United States Information and Educational
Exchange Act of 1948, as amended.’’
1965—Subsec. (a)(1). Pub. L. 89–236, § 15(a), substituted
‘‘mentally retarded’’ for ‘‘feebleminded’’.
Subsec. (a)(4). Pub. L. 89–236, § 15(b), substituted ‘‘or
sexual deviation’’ for ‘‘epilepsy’’.
Subsec. (a)(14). Pub. L. 89–236, § 10(a), inserted requirement that Secretary of Labor make an affirmative
finding that any alien seeking to enter the United
States as a worker, skilled or otherwise, will not replace a worker in the United States nor will the employment of the alien adversely affect the wages and
working conditions of individuals in the United States
similarly employed, and made the requirement applicable to special immigrants (other than the parents,
spouses, and minor children of U.S. citizens or permanent resident aliens), preference immigrants described
in sections 1153(a)(3) and 1153(a)(6) of this title, and
nonpreference immigrants.
Subsec. (a)(20). Pub. L. 89–236, § 10(b), substituted
‘‘1181(a)’’ for ‘‘1181(e)’’.
Subsec. (a)(21). Pub. L. 89–236, § 10(c), struck out
‘‘quota’’ before ‘‘immigrant’’.
Subsec. (a)(24). Pub. L. 89–236, § 10(d), substituted
‘‘other than aliens described in section 1101(a)(27)(A)
and (B)’’ for ‘‘other than those aliens who are nativeborn citizens of countries enumerated in section
1101(a)(27) of this title and aliens described in section
1101(a)(27)(B) of this title’’.
Subsec. (g). Pub. L. 89–236, § 15(c), redesignated subsec. (f) of sec. 212 of the Immigration and Nationality
Act as subsec. (g) thereof, which for purposes of codification had already been designated as subsec. (g) of
this section and granted the Attorney General authority to admit any alien who is the spouse, unmarried son
or daughter, minor adopted child, or parent of a citizen
or lawful permanent resident and who is mentally retarded or has a past history of mental illness under the
same conditions as authorized in the case of such close
relatives afflicted with tuberculosis.
Subsecs. (h), (i). Pub. L. 89–236, § 15(c), redesignated
subsecs. (g) and (h) of sec. 212 of the Immigration and
Nationality Act as subsecs. (h) and (i) respectively
thereof, which for purposes of codification had already
been designated as subsecs. (h) and (i) of this section.
1961—Subsec. (a)(6). Pub. L. 87–301, § 11, struck out references to tuberculosis and leprosy.
Subsec. (a)(9). Pub. L. 87–301, § 13, authorized admission of aliens who would be excluded because of conviction of a violation classifiable as an offense under section 1(3) of title 18, by reason of punishment actually
imposed, or who admit commission of an offense classifiable as a misdemeanor under section 1(2) of title 18,
by reason of punishment which might have been imposed, if otherwise admissible and provided the alien
has committed, or admits to commission of, only one
such offense.
Subsecs. (e), (f). Pub. L. 87–256 added subsec. (e) and
redesignated former subsec. (e) as (f).
Subsecs. (g) to (i). Pub. L. 87–301, §§ 12, 14, 15, added
subsecs. (f) to (h), which for purposes of codification
have been designated as subsecs. (g) to (i).
1960—Subsec. (a). Pub. L. 86–648 inserted ‘‘or marihuana’’ after ‘‘narcotic drugs’’ in cl. (23).
1959—Subsec. (d). Pub. L. 86–3 struck out provisions
from cl. (7) which related to aliens who left Hawaii and
to persons who were admitted to Hawaii under section
8(a)(1) of the act of March 24, 1934, or as nationals of the
United States.
1958—Subsec. (d)(7). Pub. L. 85–508 struck out provisions which related to aliens who left Alaska.
1956—Subsec. (a)(23). Act July 18, 1956, included conspiracy to violate a narcotic law, and the illicit possession of narcotics, as additional grounds for exclusion.

Page 158

CHANGE OF NAME
Committee on International Relations of House of
Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution
No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 111–122, § 3(c), Dec. 22, 2009, 123 Stat. 3481, provided that: ‘‘The amendments made by subsections (b),
(c), and (d) of the Child Soldiers Accountability Act of
2008 (Public Law 110–340) [probably means subsecs. (b)
to (d) of section 2 of Public Law 110–340, amending this
section and section 1227 of this title] shall apply to offenses committed before, on, or after the date of the enactment of the Child Soldiers Accountability Act of
2008 [Oct. 3, 2008].’’
Amendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of
Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective
Date note under section 1806 of Title 48.
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–161, div. J, title VI, § 691(f), Dec. 26, 2007,
121 Stat. 2366, provided that: ‘‘The amendments made
by this section [amending this section] shall take effect
on the date of enactment of this section [Dec. 26, 2007],
and these amendments and sections 212(a)(3)(B) and
212(d)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)), as amended by
these sections, shall apply to—
‘‘(1) removal proceedings instituted before, on, or
after the date of enactment of this section; and
‘‘(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such
date.’’
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, title I, § 103(d), May 11, 2005, 119
Stat. 308, provided that: ‘‘The amendments made by
this section [amending this section] shall take effect on
the date of the enactment of this division [May 11,
2005], and these amendments, and section 212(a)(3)(B) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)), as amended by this section, shall apply
to—
‘‘(1) removal proceedings instituted before, on, or
after the date of the enactment of this division; and
‘‘(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such
date.’’
EFFECTIVE DATE OF 2004 AMENDMENTS
Pub. L. 108–458, title V, § 5501(c), Dec. 17, 2004, 118
Stat. 3740, provided that: ‘‘The amendments made by
this section [amending this section and section 1227 of
this title] shall apply to offenses committed before, on,
or after the date of enactment of this Act [Dec. 17,
2004].’’
Pub. L. 108–447, div. J, title IV, § 424(a)(2), Dec. 8, 2004,
118 Stat. 3355, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall take effect
as if enacted on October 1, 2003.’’
Pub. L. 108–447, div. J, title IV, § 430, Dec. 8, 2004, 118
Stat. 3361, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), this subtitle [subtitle B (§§ 421–430) of title IV of div.
J of Pub. L. 108–447, enacting section 1381 of this title,
amending this section, sections 1184, and 1356 of this
title, section 2916a of Title 29, Labor, and section 1869c
of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and
sections 1101 and 1184 of this title] and the amendments
made by this subtitle shall take effect 90 days after the
date of enactment of this Act [Dec. 8, 2004].
‘‘(b) EXCEPTIONS.—The amendments made by sections
422(b), 426(a), and 427 [amending sections 1184 and 1356

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TITLE 8—ALIENS AND NATIONALITY

of this title] shall take effect upon the date of enactment of this Act [Dec. 8, 2004].’’
EFFECTIVE AND TERMINATION DATES OF 2003
AMENDMENT
Amendment by Pub. L. 108–77 effective on the date
the United States-Chile Free Trade Agreement enters
into force (Jan. 1, 2004), and ceases to be effective on
the date the Agreement ceases to be in force, see section 107 of Pub. L. 108–77, set out in a note under section 3805 of Title 19, Customs Duties.
EFFECTIVE DATE OF 2002 AMENDMENTS
Pub. L. 107–273, div. C, title I, § 11018(d), Nov. 2, 2002,
116 Stat. 1825, provided that: ‘‘The amendments made
by this section [amending this section, section 1184 of
this title, and provisions set out as a note under this
section] shall take effect as if this Act [see Tables for
classification] were enacted on May 31, 2002.’’
Pub. L. 107–150, § 2(b), Mar. 13, 2002, 116 Stat. 75, provided that: ‘‘The amendments made by subsection (a)
[amending this section and section 1183a of this title]
shall apply with respect to deaths occurring before, on,
or after the date of the enactment of this Act [Mar. 13,
2002], except that, in the case of a death occurring before such date, such amendments shall apply only if—
‘‘(1) the sponsored alien—
‘‘(A) requests the Attorney General to reinstate
the classification petition that was filed with respect to the alien by the deceased and approved
under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) before such death; and
‘‘(B) demonstrates that he or she is able to satisfy
the requirement of section 212(a)(4)(C)(ii) of such
Act (8 U.S.C. 1182(a)(4)(C)(ii)) by reason of such
amendments; and
‘‘(2) the Attorney General reinstates such petition
after making the determination described in section
213A(f)(5)(B)(ii) of such Act [8 U.S.C. 1183a(f)(5)(B)(ii)]
(as amended by subsection (a)(1) of this Act).’’
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107–56, title IV, § 411(c), Oct. 26, 2001, 115 Stat.
348, provided that:
‘‘(1) IN GENERAL.—Except as otherwise provided in
this subsection, the amendments made by this section
[amending this section and sections 1158, 1189, and 1227
of this title] shall take effect on the date of the enactment of this Act [Oct. 26, 2001] and shall apply to—
‘‘(A) actions taken by an alien before, on, or after
such date; and
‘‘(B) all aliens, without regard to the date of entry
or attempted entry into the United States—
‘‘(i) in removal proceedings on or after such date
(except for proceedings in which there has been a
final administrative decision before such date); or
‘‘(ii) seeking admission to the United States on or
after such date.
‘‘(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION PROCEEDINGS.—Notwithstanding any other provision of law, sections 212(a)(3)(B) and 237(a)(4)(B) of the
Immigration and Nationality Act, as amended by this
Act [8 U.S.C. 1182(a)(3)(B), 1227(a)(4)(B)], shall apply to
all aliens in exclusion or deportation proceedings on or
after the date of the enactment of this Act [Oct. 26,
2001] (except for proceedings in which there has been a
final administrative decision before such date) as if
such proceedings were removal proceedings.
‘‘(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND
ORGANIZATIONS

DESIGNATED

UNDER

SECTION

212(a)(3)(B)(vi)(II).—
‘‘(A) IN GENERAL.—Notwithstanding paragraphs (1)
and (2), no alien shall be considered inadmissible
under section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or deportable under
section 237(a)(4)(B) of such Act (8 U.S.C. 1227(a)(4)(B)),
by reason of the amendments made by subsection (a)
[amending this section], on the ground that the alien
engaged in a terrorist activity described in subclause

§ 1182

(IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv)
of such Act (as so amended) with respect to a group
at any time when the group was not a terrorist organization designated by the Secretary of State under
section 219 of such Act (8 U.S.C. 1189) or otherwise
designated under section 212(a)(3)(B)(vi)(II) of such
Act (as so amended).
‘‘(B) STATUTORY CONSTRUCTION.—Subparagraph (A)
shall not be construed to prevent an alien from being
considered inadmissible or deportable for having engaged in a terrorist activity—
‘‘(i) described in subclause (IV)(bb), (V)(bb), or
(VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist organization
at any time when such organization was designated
by the Secretary of State under section 219 of such
Act or otherwise designated under section
212(a)(3)(B)(vi)(II) of such Act (as so amended); or
‘‘(ii) described in subclause (IV)(cc), (V)(cc), or
(VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist organization
described in section 212(a)(3)(B)(vi)(III) of such Act
(as so amended).
‘‘(4) EXCEPTION.—The Secretary of State, in consultation with the Attorney General, may determine that
the amendments made by this section shall not apply
with respect to actions by an alien taken outside the
United States before the date of the enactment of this
Act [Oct. 26, 2001] upon the recommendation of a consular officer who has concluded that there is not reasonable ground to believe that the alien knew or reasonably should have known that the actions would further a terrorist activity.’’
[Another section 411(c) of Pub. L. 107–56 amended section 1189 of this title.]
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–395, title II, § 201(b)(3), Oct. 30, 2000, 114
Stat. 1634, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall be effective
as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–638)
and shall apply to voting occurring before, on, or after
September 30, 1996. The amendment made by paragraph
(2) [amending this section] shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; 110 Stat. 3009–637) and shall
apply to representations made on or after September
30, 1996. Such amendments shall apply to individuals in
proceedings under the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] on or after September 30,
1996.’’
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106–95, § 2(e), Nov. 12, 1999, 113 Stat. 1317, as
amended by Pub. L. 109–423, § 2(2), Dec. 20, 2006, 120 Stat.
2900, provided that: ‘‘The amendments made by this
section [amending this section and section 1101 of this
title] shall apply to classification petitions filed for
nonimmigrant status only during the period—
‘‘(1) beginning on the date that interim or final regulations are first promulgated under subsection (d)
[set out as a note below]; and
‘‘(2) ending on the date that is 3 years after the date
of the enactment of the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 [Dec. 20,
2006].’’
[Pub. L. 109–423, § 3, Dec. 20, 2006, 120 Stat. 2900, provided that: ‘‘The requirements of chapter 5 of title 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 the amendments made by section 2 [amending provisions set out as a note above] to the extent the
Secretary Homeland of Security [sic], the Secretary of
Labor, or the Secretary of Health and Human Services

§ 1182

TITLE 8—ALIENS AND NATIONALITY

determines that compliance with any such requirement
would impede the expeditious implementation of such
amendments.’’]
Pub. L. 106–95, § 4(b), Nov. 12, 1999, 113 Stat. 1318, provided that: ‘‘The amendments made by subsection (a)
[amending this section] shall take effect on the date of
the enactment of this Act [Nov. 12, 1999], without regard to whether or not final regulations to carry out
such amendments have been promulgated by such
date.’’
EFFECTIVE AND TERMINATION DATES OF 1998
AMENDMENTS
Pub. L. 105–292, title VI, § 604(b), Oct. 27, 1998, 112 Stat.
2814, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to aliens
seeking to enter the United States on or after the date
of the enactment of this Act [Oct. 27, 1998].’’
Pub. L. 105–277, div. C, title IV, § 412(d), Oct. 21, 1998,
112 Stat. 2681–645, provided that: ‘‘The amendments
made by subsection (a) [amending this section] apply to
applications filed under section 212(n)(1) of the Immigration and Nationality Act [subsec. (n)(1) of this section] on or after the date final regulations are issued to
carry out such amendments, and the amendments made
by subsections (b) and (c) [amending this section] take
effect on the date of the enactment of this Act [Oct. 21,
1998].’’ [Interim final regulations implementing these
amendments were promulgated on Dec. 19, 2000, published Dec. 20, 2000, 65 F.R. 80110, and effective, except
as otherwise provided, Jan. 19, 2001.]
Pub. L. 105–277, div. C, title IV, § 413(e)(2), Oct. 21, 1998,
112 Stat. 2681–651, as amended by Pub. L. 106–313, title
I, § 107(b), Oct. 17, 2000, 114 Stat. 1255, provided that:
‘‘The amendment made by paragraph (1) [amending this
section] shall cease to be effective on September 30,
2003.’’
Pub. L. 105–277, div. C, title IV, § 415(b), Oct. 21, 1998,
112 Stat. 2681–655, provided that: ‘‘The amendment
made by subsection (a) [amending this section] applies
to prevailing wage computations made—
‘‘(1) for applications filed on or after the date of the
enactment of this Act [Oct. 21, 1998]; and
‘‘(2) for applications filed before such date, but only
to the extent that the computation is subject to an
administrative or judicial determination that is not
final as of such date.’’
Pub. L. 105–277, div. C, title IV, § 431(b), Oct. 21, 1998,
112 Stat. 2681–658, provided that: ‘‘The amendment
made by subsection (a) [amending this section] shall
apply to activities occurring on or after the date of the
enactment of this Act [Oct. 21, 1998].’’
Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2226(b),
Oct. 21, 1998, 112 Stat. 2681–821, provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to aliens seeking admission to the
United States on or after the date of enactment of this
Act [Oct. 21, 1998].’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 301(b)(3) of title III of div. C of Pub. L. 104–208
provided that: ‘‘In applying section 212(a)(9)(B) of the
Immigration
and
Nationality
Act
[8
U.S.C.
1182(a)(9)(B)], as inserted by paragraph (1), no period before the title III–A effective date [see section 309 of
Pub. L. 104–208, set out as a note under section 1101 of
this title] shall be included in a period of unlawful presence in the United States.’’
Section 301(c)(2) of title III of div. C of Pub. L. 104–208
provided that: ‘‘The requirements of subclauses (II) and
(III) of section 212(a)(6)(A)(ii) of the Immigration and
Nationality Act [8 U.S.C. 1182(a)(6)(A)(ii)(II), (III)], as
inserted by paragraph (1), shall not apply to an alien
who demonstrates that the alien first arrived in the
United States before the title III–A effective date (described in section 309(a) of this division [set out as a
note under section 1101 of this title]).’’
Section 306(d) of div. C of Pub. L. 104–208 provided
that the amendment made by that section is effective
as if included in the enactment of Pub. L. 104–132.

Page 160

Amendment by sections 301(b)(1), (c)(1), 304(b), 305(c),
306(d), and 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6),
(f)(1)(C)–(F), (3)(A), (g)(1), (4)(B), (10)(A), (H) of div. C of
Pub. L. 104–208 effective on the first day of the first
month beginning more than 180 days after Sept. 30,
1996, with certain transitional provisions, including authority for Attorney General to waive application of
subsec. (a)(9) of this section in case of an alien provided
benefits under section 301 of Pub. L. 101–649, set out as
a note under section 1255a of this title, and including
provision that no period of time before Sept. 30, 1996, be
included in the period of 1 year described in subsec.
(a)(6)(B)(i) of this section, see section 309 of Pub. L.
104–208, set out as a note under section 1101 of this title.
Amendment by section 322(a) of Pub. L. 104–208 applicable to convictions and sentences entered before, on,
or after Sept. 30, 1996, see section 322(c) of Pub. L.
104–208, set out as a note under section 1101 of this title.
Section 341(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this section [amending this section] shall apply with respect to applications for immigrant visas or for adjustment of status
filed after September 30, 1996.’’
Section 342(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending this section] shall take effect on the date of
the enactment of this Act [Sept. 30, 1996] and shall
apply to incitement regardless of when it occurs.’’
Section 344(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this section [amending this section and section 1251 [now 1227] of this title]
shall apply to representations made on or after the
date of the enactment of this Act [Sept. 30, 1996].’’
Section 346(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to aliens who obtain the
status of a nonimmigrant under section 101(a)(15)(F) of
the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(F)] after the end of the 60-day period beginning on the date of the enactment of this Act [Sept. 30,
1996], including aliens whose status as such a nonimmigrant is extended after the end of such period.’’
Section 347(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this section [amending this section and section 1251 of this title] shall
apply to voting occurring before, on, or after the date
of the enactment of this Act [Sept. 30, 1996].’’
Section 348(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective on the date of the enactment of this Act [Sept. 30, 1996] and shall apply in
the case of any alien who is in exclusion or deportation
proceedings as of such date unless a final administrative order in such proceedings has been entered as of
such date.’’
Section 351(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this section [amending this section and section 1251 of this title] shall
apply to applications for waivers filed before, on, or
after the date of the enactment of this Act [Sept. 30,
1996], but shall not apply to such an application for
which a final determination has been made as of the
date of the enactment of this Act.’’
Section 352(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to individuals who renounce United States citizenship on and after the date
of the enactment of this Act [Sept. 30, 1996].’’
Section 358 of title III of div. C of Pub. L. 104–208 provided that: ‘‘The amendments made by this subtitle
[subtitle D (§§ 354–358) of title III of div. C of Pub. L.
104–208, amending this section and sections 1189, 1531,
1532, 1534, and 1535 of this title] shall be effective as if
included in the enactment of subtitle A of title IV of
the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104–132).’’
Section 531(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to applications submitted
on or after such date, not earlier than 30 days and not

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TITLE 8—ALIENS AND NATIONALITY

later than 60 days after the date the Attorney General
promulgates under section 551(c)(2) of this division [set
out as a note under section 1183a of this title] a standard form for an affidavit of support, as the Attorney
General shall specify, but subparagraphs (C) and (D) of
section 212(a)(4) of the Immigration and Nationality
Act [8 U.S.C. 1182(a)(4)(C), (D)], as so amended, shall not
apply to applications with respect to which an official
interview with an immigration officer was conducted
before such effective date.’’
EFFECTIVE AND TERMINATION DATES OF 1994
AMENDMENTS
Section 203(c) of Pub. L. 103–416 provided that: ‘‘The
amendments made by this section [amending this section and section 1251 of this title] shall apply to convictions occurring before, on, or after the date of the enactment of this Act [Oct. 25, 1994].’’
Amendment by section 219(e) of Pub. L. 103–416 effective as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub.
L. 103–416, set out as an Effective Date of 1994 Amendment note under section 1101 of this title.
Section 219(z) of Pub. L. 103–416 provided that the
amendment made by subsec. (z)(1), (5) of that section is
effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of
1991, Pub. L. 102–232.
Pub. L. 103–416, title II, § 220(c), Oct. 25, 1994, 108 Stat.
4320, as amended by Pub. L. 104–208, div. C, title VI,
§ 622(a), Sept. 30, 1996, 110 Stat. 3009–695; Pub. L. 107–273,
div. C, title I, § 11018(b), Nov. 2, 2002, 116 Stat. 1825; Pub.
L. 108–441, § 1(a)(1), Dec. 3, 2004, 118 Stat. 2630; Pub. L.
109–477, § 2, Jan. 12, 2007, 120 Stat. 3572; Pub. L. 110–362,
§ 1, Oct. 8, 2008, 122 Stat. 4013; Pub. L. 111–9, § 2, Mar. 20,
2009, 123 Stat. 989; Pub. L. 111–83, title V, § 568(b), Oct.
28, 2009, 123 Stat. 2186, provided that: ‘‘The amendments
made by this section [amending this section and section 1184 of this title] shall apply to aliens admitted to
the United States under section 101(a)(15)(J) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(J)],
or acquiring such status after admission to the United
States, before, on, or after the date of enactment of
this Act [Oct. 25, 1994] and before September 30, 2012.’’
[Pub. L. 109–477, § 3, Jan. 12, 2007, 120 Stat. 3572, provided that: ‘‘The amendment made by section 2
[amending section 220(c) of Pub. L. 103–416, set out
above] shall take effect as if enacted on May 31, 2006.’’]
[Pub. L. 108–441, § 1(a)(2), Dec. 3, 2004, 118 Stat. 2630,
provided that: ‘‘The amendment made by paragraph (1)
[amending section 220(c) of Pub. L. 103–416, set out
above] shall take effect as if enacted on May 31, 2004.’’]
Section 506(c) of Pub. L. 103–317, as amended by Pub.
L. 105–46, § 123, Sept. 30, 1997, 111 Stat. 1158; Pub. L.
105–119, title I, § 111(b), Nov. 26, 1997, 111 Stat. 2458, provided that: ‘‘The amendment made by subsection (a)
[amending this section] shall take effect on October 1,
1994, and shall cease to have effect on October 1, 1997.
The amendment made by subsection (b) [amending section 1255 of this title] shall take effect on October 1,
1994.’’
Pub. L. 105–46, § 123, Sept. 30, 1997, 111 Stat. 1158,
which directed the amendment of section 506(c) of Pub.
L. 103–317, set out above, by striking ‘‘September 30,
1997’’ and inserting ‘‘October 23, 1997’’ was probably intended by Congress to extend the termination date
‘‘October 1, 1997’’ to ‘‘October 23, 1997’’. For further
temporary extensions of the October 23, 1997 termination date, see list of continuing appropriations acts
contained in a Continuing Appropriations for Fiscal
Year 1998 note set out under section 635f of Title 12,
Banks and Banking.

§ 1182

EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 302(e)(6), 303(a)(5)(B), (6),
(7)(B), 306(a)(10), (12), 307(a)–(g) of Pub. L. 102–232 effective as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L.
102–232, set out as a note under section 1101 of this title.
Section 302(e)(9) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in the Immigration Nursing Relief Act of 1989,
Pub. L. 101–238.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 162(e)(1) of Pub. L. 101–649 effective Oct. 1, 1991, and applicable beginning with fiscal
year 1992, with general transition provisions and admissibility standards, see section 161(a), (c), (d) of Pub. L.
101–649, set out as a note under section 1101 of this title.
Amendment by section 162(f)(2)(B) of Pub. L. 101–649
applicable as though included in the enactment of Pub.
L. 101–238, see section 162(f)(3) of Pub. L. 101–649, set out
as a note under section 1101 of this title.
Section 202(c) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this section [amending this section and section 1184 of this title] shall take effect 60
days after the date of the enactment of this Act [Nov.
29, 1990].’’
Amendment by section 205(c)(3) of Pub. L. 101–649 effective Oct. 1, 1991, see section 231 of Pub. L. 101–649, set
out as a note under section 1101 of this title.
Section 511(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to admissions occurring after the date
of the enactment of this Act [Nov. 29, 1990].’’
Section 514(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to admissions occurring on or after
January 1, 1991.’’
Amendment by section 601(a), (b), and (d) of Pub. L.
101–649 applicable to individuals entering United States
on or after June 1, 1991, see section 601(e)(1) of Pub. L.
101–649, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 3(d) of Pub. L. 101–238 provided that: ‘‘The
amendments made by the previous provisions of this
section [amending this section and section 1101 of this
title] shall apply to classification petitions filed for
nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning
after the date of the enactment of this Act [Dec. 18,
1989].’’
EFFECTIVE DATE OF 1988 AMENDMENTS

EFFECTIVE DATE OF 1993 AMENDMENT

Section 7349(b) of Pub. L. 100–690 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to any alien convicted of an aggravated felony who seeks admission to the United States
on or after the date of the enactment of this Act [Nov.
18, 1988].’’
Section 3 of Pub. L. 100–525 provided that the amendment made by that section is effective as if included in
the enactment of Pub. L. 99–396.
Section 7(d) of Pub. L. 100–525 provided that: ‘‘The
amendments made by this section [amending this section, sections 1186a and 1255 of this title, and provisions
set out as a note below] shall be effective as if they
were included in the enactment of the Immigration
Marriage Fraud Amendments of 1986 [Pub. L. 99–639].’’
Amendment by section 8(f) of Pub. L. 100–525 effective
as if included in the enactment of the Immigration and
Nationality Act Amendments of 1986, Pub. L. 99–653, see
section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note
under section 1101 of this title.

Section 2007(b) of Pub. L. 103–43 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect 30 days after the date of the enactment of this Act [June 10, 1993].’’

Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14,

EFFECTIVE DATE OF 1986 AMENDMENTS

§ 1182

TITLE 8—ALIENS AND NATIONALITY

1986, see section 23(a) of Pub. L. 99–653, set out as a note
under section 1101 of this title.
Section 6(c), formerly 6(b), of Pub. L. 99–639, as redesignated and amended by Pub. L. 100–525, § 7(c)(2), Oct.
24, 1988, 102 Stat. 2616, provided that: ‘‘The amendment
made by this section [amending this section] shall
apply to the receipt of visas by, and the admission of,
aliens occurring after the date of the enactment of this
Act [Nov. 10, 1986] based on fraud or misrepresentations
occurring before, on, or after such date.’’
Section 1751(c) of Pub. L. 99–570 provided that: ‘‘The
amendments made by the [sic] subsections (a) and (b) of
this section [amending this section and section 1251 of
this title] shall apply to convictions occurring before,
on, or after the date of the enactment of this section
[Oct. 27, 1986], and the amendments made by subsection
(a) [amending this section] shall apply to aliens entering the United States after the date of the enactment
of this section.’’

Page 162

ninety days after the date of enactment of this section
[Oct. 12, 1976].’’
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236 see
section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 18, 1956, effective July 19,
1956, see section 401 of act July 18, 1956.
CONSTRUCTION OF 1990 AMENDMENT
Section 302(e)(6) of Pub. L. 102–232 provided that:
‘‘Paragraph (1) of section 162(e) of the Immigration Act
of 1990 [Pub. L. 101–649, amending this section] is repealed, and the provisions of law amended by such
paragraph are restored as though such paragraph had
not been enacted.’’

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Nov. 1, 1987,
and applicable only to offenses committed after the
taking effect of such amendment, see section 235(a)(1)
of Pub. L. 98–473, set out as an Effective Date note
under section 3551 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 5(c) of Pub. L. 97–116 provided that: ‘‘The
amendments made by paragraphs (2), (5), and (6) of subsection (b) [striking out ‘‘including any extension of
the duration thereof under subparagraph (D)’’ in subsec. (j)(1)(C) of this section, amending subsec. (j)(1)(D)
of this section, and enacting subsec. (j)(1)(E) of this section] shall apply to aliens entering the United States as
exchange visitors (or otherwise acquiring exchange visitor status) on or after January 10, 1978.’’
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
except as provided by section 5(c) of Pub. L. 97–116, see
section 21(a) of Pub. L. 97–116, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 203(d) of Pub. L. 96–212 effective, except as otherwise provided, Apr. 1, 1980, and
amendment by section 203(f) of Pub. L. 96–212 applicable, except as otherwise provided, to aliens paroled into
the United States on or after the sixtieth day after
Mar. 17, 1980, see section 204 of Pub. L. 96–212, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–70 effective Sept. 27, 1979,
see section 3201(d)(1) of Pub. L. 96–70, set out as a note
under section 1101 of this title.
Section 3201(d)(2) of Pub. L. 96–70 provided that:
‘‘Paragraph (9) of section 212(d) of the Immigration and
Nationality Act [subsec. (d)(9) of this section], as added
by subsection (b) of this section, shall cease to be effective at the end of the transition period [midnight Mar.
31, 1982, see section 2101 of Pub. L. 96–70, title II, Sept.
27, 1979, 93 Stat. 493, formerly classified to section 3831
of Title 22, Foreign Relations and Intercourse].’’
EFFECTIVE DATE OF 1976 AMENDMENTS
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
Amendment by section 601(d) of Pub. L. 94–484 applicable only on and after Jan. 10, 1978, notwithstanding
section 601(f) of Pub. L. 94–484, see section 602(d) of Pub.
L. 94–484, as added by section 307(q)(3) of Pub. L. 95–83,
set out as an Effective Date of 1977 Amendment note
under section 1101 of this title.
Section 601(f) of Pub. L. 94–484 provided that: ‘‘The
amendments made by this section [amending this section and section 1101 of this title] shall take effect

REGULATIONS
Pub. L. 106–95, § 2(d), Nov. 12, 1999, 113 Stat. 1316, provided that: ‘‘Not later than 90 days after the date of the
enactment of this Act [Nov. 12, 1999], the Secretary of
Labor (in consultation, to the extent required, with the
Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final
regulations to carry out section 212(m) of the Immigration and Nationality Act [8 U.S.C. 1182(m)] (as amended
by subsection (b)).’’ [Interim final regulations implementing subsec. (m) of this section were promulgated
Aug. 21, 2000, published Aug. 22, 2000, 65 F.R. 51138, and
effective Sept. 21, 2000.]
Pub. L. 105–277, div. C, title IV, § 412(e), Oct. 21, 1998,
112 Stat. 2681–645, provided that: ‘‘In first promulgating
regulations to implement the amendments made by
this section [amending this section] in a timely manner, the Secretary of Labor and the Attorney General
may reduce to not less than 30 days the period of public
comment on proposed regulations.’’
Section 124(b)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘The Attorney General shall first issue, in proposed form, regulations referred to in the second sentence of section 212(f) of the Immigration and Nationality Act [8 U.S.C. 1182(f)], as added by the amendment
made by paragraph (1), not later than 90 days after the
date of the enactment of this Act [Sept. 30, 1996].’’
TRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to
Secretary of State, see sections 6531 and 6532 of Title 22,
Foreign Relations and Intercourse.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
AFRICAN NATIONAL CONGRESS; WAIVER OF CERTAIN
INADMISSIBILITY GROUNDS
Pub. L. 110–257, §§ 2, 3, July 1, 2008, 122 Stat. 2426, provided that:
‘‘SEC. 2. RELIEF FOR CERTAIN MEMBERS OF THE
AFRICAN NATIONAL CONGRESS REGARDING
ADMISSIBILITY.
‘‘(a) EXEMPTION AUTHORITY.—The Secretary of State,
after consultation with the Attorney General and the
Secretary of Homeland Security, or the Secretary of
Homeland Security, after consultation with the Secretary of State and the Attorney General, may determine, in such Secretary’s sole and unreviewable discretion, that paragraphs (2)(A)(i)(I), (2)(B), and (3)(B)
(other than clause (i)(II)) of section 212(a) of the Immi-

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TITLE 8—ALIENS AND NATIONALITY

gration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply to an alien with respect to activities undertaken
in association with the African National Congress in
opposition to apartheid rule in South Africa.
‘‘(b) SENSE OF CONGRESS.—It is the sense of the Congress that the Secretary of State and the Secretary of
Homeland Security should immediately exercise in appropriate instances the authority in subsection (a) to
exempt the anti-apartheid activities of aliens who are
current or former officials of the Government of the
Republic of South Africa.
‘‘SEC. 3. REMOVAL OF CERTAIN AFFECTED INDIVIDUALS FROM CERTAIN UNITED STATES GOVERNMENT DATABASES.
‘‘The Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security,
the Director of the Federal Bureau of Investigation,
and the Director of National Intelligence, shall take all
necessary steps to ensure that databases used to determine admissibility to the United States are updated so
that they are consistent with the exemptions provided
under section 2.’’
AVAILABILITY OF OTHER NONIMMIGRANT PROFESSIONALS
Pub. L. 110–229, title VII, § 702(k), May 8, 2008, 122
Stat. 867, provided that: ‘‘The requirements of section
212(m)(6)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(m)(6)(B)) shall not apply to a facility in
Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands.’’
REPORT ON DURESS WAIVERS
Pub. L. 110–161, div. J, title VI, § 691(e), Dec. 26, 2007,
121 Stat. 2365, provided that: ‘‘The Secretary of Homeland Security shall provide to the Committees on the
Judiciary of the United States Senate and House of
Representatives a report, not less than 180 days after
the enactment of this Act [Dec. 26, 2007] and every year
thereafter, which may include a classified annex, if appropriate, describing—
‘‘(1) the number of individuals subject to removal
from the United States for having provided material
support to a terrorist group who allege that such support was provided under duress;
‘‘(2) a breakdown of the types of terrorist organizations to which the individuals described in paragraph
(1) have provided material support;
‘‘(3) a description of the factors that the Department of Homeland Security considers when evaluating duress waivers; and
‘‘(4) any other information that the Secretary believes that the Congress should consider while overseeing the Department’s application of duress waivers.’’
INADMISSIBILITY OF FOREIGN OFFICIALS AND FAMILY
MEMBERS INVOLVED IN KLEPTOCRACY
Pub. L. 112–74, div. I, title VII, § 7031(c), Dec. 23, 2011,
125 Stat. 1211, provided that:
‘‘(1) Officials of foreign governments and their immediate family members who the Secretary of State has
credible information have been involved in significant
corruption, including corruption related to the extraction of natural resources, shall be ineligible for entry
into the United States.
‘‘(2) Individuals shall not be ineligible if entry into
the United States would further important United
States law enforcement objectives or is necessary to
permit the United States to fulfill its obligations under
the United Nations Headquarters Agreement: Provided,
That nothing in this provision shall be construed to
derogate from United States Government obligations
under applicable international agreements.
‘‘(3) The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible have changed sufficiently.

§ 1182

‘‘(4) Not later than 90 days after enactment of this
Act [div. I of Pub. L. 112–74, approved Dec. 23, 2011] and
180 days thereafter, the Secretary of State shall submit
a report, in classified form if necessary, to the Committees on Appropriations describing the information regarding corruption concerning each of the individuals
found ineligible pursuant to paragraph (1), a list of any
waivers provided under subsection (3), and the justification for each waiver.’’
Similar provisions were contained in the following
prior acts:
Pub. L. 111–117, div. F, title VII, § 7084, Dec. 16, 2009,
123 Stat. 3400.
Pub. L. 111–8, div. H, title VII, § 7086, Mar. 11, 2009, 123
Stat. 912.
Pub. L. 110–161, div. J, title VI, § 699L, Dec. 26, 2007, 121
Stat. 2373.
MONEY LAUNDERING WATCHLIST
Pub. L. 107–56, title X, § 1006(b), Oct. 26, 2001, 115 Stat.
394, provided that: ‘‘Not later than 90 days after the
date of the enactment of this Act [Oct. 26, 2001], the
Secretary of State shall develop, implement, and certify to the Congress that there has been established a
money laundering watchlist, which identifies individuals worldwide who are known or suspected of money
laundering, which is readily accessible to, and shall be
checked by, a consular or other Federal official prior to
the issuance of a visa or admission to the United
States. The Secretary of State shall develop and continually update the watchlist in cooperation with the
Attorney General, the Secretary of the Treasury, and
the Director of Central Intelligence.’’
[Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
Defense.]
RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR
NURSING SHORTAGE
Pub. L. 106–95, § 3, Nov. 12, 1999, 113 Stat. 1317, provided that: ‘‘Not later than the last day of the 4-year
period described in section 2(e) [set out as a note
above], the Secretary of Health and Human Services
and the Secretary of Labor shall jointly submit to the
Congress recommendations (including legislative specifications) with respect to the following:
‘‘(1) A program to eliminate the dependence of facilities described in section 212(m)(6) of the Immigration and Nationality Act [8 U.S.C. 1182(m)(6)] (as
amended by section 2(b)) on nonimmigrant registered
nurses by providing for a permanent solution to the
shortage of registered nurses who are United States
citizens or aliens lawfully admitted for permanent
residence.
‘‘(2) A method of enforcing the requirements imposed on facilities under sections 101(a)(15)(H)(i)(c)
and 212(m) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(15)(H)(i)(c), 1182(m)] (as amended by
section 2) that would be more effective than the process described in section 212(m)(2)(E) of such Act [8
U.S.C. 1182(m)(2)(E)] (as so amended).’’
ISSUANCE OF CERTIFIED STATEMENTS
Pub. L. 106–95, § 4(c), Nov. 12, 1999, 113 Stat. 1318, provided that: ‘‘The Commission on Graduates of Foreign
Nursing Schools, or any approved equivalent independent credentialing organization, shall issue certified
statements pursuant to the amendment under subsection (a) [amending this section] not more than 35
days after the receipt of a complete application for
such a statement.’’

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TITLE 8—ALIENS AND NATIONALITY

EXTENSION OF AUTHORIZED PERIOD OF STAY FOR
CERTAIN NURSES
Pub. L. 104–302, § 1, Oct. 11, 1996, 110 Stat. 3656, provided that:
‘‘(a) ALIENS WHO PREVIOUSLY ENTERED THE UNITED
STATES PURSUANT TO AN H–1A VISA.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the authorized period of stay in the
United States of any nonimmigrant described in
paragraph (2) is hereby extended through September
30, 1997.
‘‘(2) NONIMMIGRANT DESCRIBED.—A nonimmigrant
described in this paragraph is a nonimmigrant—
‘‘(A) who entered the United States as a nonimmigrant described in section 101(a)(15)(H)(i)(a) of
the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(H)(i)(a)];
‘‘(B) who was within the United States on or after
September 1, 1995, and who is within the United
States on the date of the enactment of this Act
[Oct. 11, 1996]; and
‘‘(C) whose period of authorized stay has expired
or would expire before September 30, 1997 but for
the provisions of this section.
‘‘(3) LIMITATIONS.—Nothing in this section may be
construed to extend the validity of any visa issued to
a
nonimmigrant
described
in
section
101(a)(15)(H)(i)(a) of the Immigration and Nationality
Act or to authorize the re-entry of any person outside
the United States on the date of the enactment of
this Act.
‘‘(b) CHANGE OF EMPLOYMENT.—A nonimmigrant
whose authorized period of stay is extended by operation of this section shall not be eligible to change employers in accordance with section 214.2(h)(2)(i)(D) of
title 8, Code of Federal Regulations (as in effect on the
day before the date of the enactment of this Act).
‘‘(c) REGULATIONS.—Not later than 30 days after the
date of the enactment of this Act, the Attorney General shall issue regulations to carry out the provisions
of this section.
‘‘(d) INTERIM TREATMENT.—A nonimmigrant whose
authorized period of stay is extended by operation of
this section, and the spouse and child of such nonimmigrant, shall be considered as having continued to
maintain lawful status as a nonimmigrant through
September 30, 1997.’’
REFERENCES TO INADMISSIBLE DEEMED TO INCLUDE EXCLUDABLE AND REFERENCES TO ORDER OF REMOVAL
DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION

For purposes of carrying out this chapter, any reference in subsec. (a)(1)(A) of this section to ‘‘inadmissible’’ is deemed to include a reference to ‘‘excludable’’,
and any reference in law to an order of removal is
deemed to include a reference to an order of exclusion
and deportation or an order of deportation, see section
309(d) of Pub. L. 104–208, set out in an Effective Date of
1996 Amendments note under section 1101 of this title.
ANNUAL REPORT ON ALIENS PAROLED INTO UNITED
STATES
Section 602(b) of div. C of Pub. L. 104–208 provided
that: ‘‘Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to
the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the
Senate describing the number and categories of aliens
paroled into the United States under section 212(d)(5) of
the Immigration and Nationality Act [8 U.S.C.
1182(d)(5)]. Each such report shall provide the total
number of aliens paroled into and residing in the
United States and shall contain information and data
for each country of origin concerning the number and
categories of aliens paroled, the duration of parole, the
current status of aliens paroled, and the number and
categories of aliens returned to the custody from which
they were paroled during the preceding fiscal year.’’

Page 164

ASSISTANCE TO DRUG TRAFFICKERS
Pub. L. 103–447, title I, § 107, Nov. 2, 1994, 108 Stat.
4695, provided that: ‘‘The President shall take all reasonable steps provided by law to ensure that the immediate relatives of any individual described in section
487(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291f(a)), and the business partners of any such individual or of any entity described in such section, are not
permitted entry into the United States, consistent with
the provisions of the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).’’
PROCESSING OF VISAS FOR ADMISSION TO UNITED
STATES
Pub. L. 103–236, title I, § 140(c), Apr. 30, 1994, 108 Stat.
399, as amended by Pub. L. 103–415, § 1(d), Oct. 25, 1994,
108 Stat. 4299, provided that:
‘‘(1)(A) Beginning 24 months after the date of the enactment of this Act [Apr. 30, 1994], whenever a United
States consular officer issues a visa for admission to
the United States, that official shall certify, in writing,
that a check of the Automated Visa Lookout System,
or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], has
been made and that there is no basis under such system
for the exclusion of such alien.
‘‘(B) If, at the time an alien applies for an immigrant
or nonimmigrant visa, the alien’s name is included in
the Department of State’s visa lookout system and the
consular officer to whom the application is made fails
to follow the procedures in processing the application
required by the inclusion of the alien’s name in such
system, the consular officer’s failure shall be made a
matter of record and shall be considered as a serious
negative factor in the officer’s annual performance
evaluation.
‘‘(2) If an alien to whom a visa was issued as a result
of a failure described in paragraph (1)(B) is admitted to
the United States and there is thereafter probable
cause to believe that the alien was a participant in a
terrorist act causing serious injury, loss of life, or significant destruction of property in the United States,
the Secretary of State shall convene an Accountability
Review Board under the authority of title III of the
Omnibus Diplomatic Security and Antiterrorism Act of
1986 [22 U.S.C. 4831 et seq.].’’
ACCESS TO INTERSTATE IDENTIFICATION INDEX OF NATIONAL CRIME INFORMATION CENTER; FINGERPRINT
CHECKS
Pub. L. 103–236, title I, § 140(d)–(g), Apr. 30, 1994, 108
Stat. 400, as amended by Pub. L. 103–317, title V, § 505,
Aug. 26, 1994, 108 Stat. 1765; Pub. L. 104–208, div. C, title
VI, § 671(g)(2), Sept. 30, 1996, 110 Stat. 3009–724; Pub. L.
105–119, title I, § 126, Nov. 26, 1997, 111 Stat. 2471, provided that:
‘‘(d) ACCESS TO THE INTERSTATE IDENTIFICATION
INDEX.—
‘‘(1) Subject to paragraphs (2) and (3), the Department of State Consolidated Immigrant Visa Processing Center shall have on-line access, without payment of any fee or charge, to the Interstate Identification Index of the National Crime Information
Center solely for the purpose of determining whether
a visa applicant has a criminal history record indexed
in such Index. Such access does not entitle the Department of State to obtain the full content of automated records through the Interstate Identification
Index. To obtain the full content of a criminal history record, the Department shall submit a separate
request to the Identification Records Section of the
Federal Bureau of Investigation, and shall pay the
appropriate fee as provided for in the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law
101–162) [103 Stat. 988, 998].
‘‘(2) The Department of State shall be responsible
for all one-time start-up and recurring incremental

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non-personnel costs of establishing and maintaining
the access authorized in paragraph (1).
‘‘(3) The individual primarily responsible for the
day-to-day implementation of paragraph (1) shall be
an employee of the Federal Bureau of Investigation
selected by the Department of State, and detailed to
the Department on a fully reimbursable basis.
‘‘(e) FINGERPRINT CHECKS.—
‘‘(1) Effective not later than March 31, 1995, the Secretary of State shall in the ten countries with the
highest volume of immigrant visa issuance for the
most recent fiscal year for which data are available
require the fingerprinting of applicants over sixteen
years of age for immigrant visas. The Department of
State shall submit records of such fingerprints to the
Federal Bureau of Investigation in order to ascertain
whether such applicants previously have been convicted of a felony under State or Federal law in the
United States, and shall pay all appropriate fees.
‘‘(2) The Secretary shall prescribe and publish such
regulations as may be necessary to implement the requirements of this subsection, and to avoid undue
processing costs and delays for eligible immigrants
and the United States Government.
‘‘(f) Not later than December 31, 1996, the Secretary
of State and the Director of the Federal Bureau of Investigation shall jointly submit to the Committee on
Foreign Affairs and the Committee on the Judiciary of
the House of Representatives, and the Committee on
Foreign Relations and the Committee on the Judiciary
of the Senate, a report on the effectiveness of the procedures authorized in subsections (d) and (e).
‘‘(g) Subsections (d) and (e) shall cease to have effect
after May 1, 1998.’’
VISA LOOKOUT SYSTEMS
Pub. L. 103–236, title I, § 140(b), Apr. 30, 1994, 108 Stat.
399, provided that: ‘‘Not later than 18 months after the
date of the enactment of this Act [Apr. 30, 1994], the
Secretary of State shall implement an upgrade of all
overseas visa lookout operations to computerized systems with automated multiple-name search capabilities.’’
Pub. L. 102–138, title I, § 128, Oct. 28, 1991, 105 Stat. 660,
as amended by Pub. L. 104–208, div. C, title III,
§ 308(d)(3)(C), Sept. 30, 1996, 110 Stat. 3009–617, provided
that:
‘‘(a) VISAS.—The Secretary of State may not include
in the Automated Visa Lookout System, or in any
other system or list which maintains information
about the inadmissibility of aliens under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], the
name of any alien who is not inadmissible from the
United States under the Immigration and Nationality
Act, subject to the provisions of this section.
‘‘(b) CORRECTION OF LISTS.—Not later than 3 years
after the date of enactment of this Act [Oct. 28, 1991],
the Secretary of State shall—
‘‘(1) correct the Automated Visa Lookout System,
or any other system or list which maintains information about the inadmissibility of aliens under the Immigration and Nationality Act, by deleting the name
of any alien not inadmissible under the Immigration
and Nationality Act; and
‘‘(2) report to the Congress concerning the completion of such correction process.
‘‘(c) REPORT ON CORRECTION PROCESS.—
‘‘(1) Not later than 90 days after the date of enactment of this Act [Oct. 28, 1991], the Secretary of
State, in coordination with the heads of other appropriate Government agencies, shall prepare and submit to the appropriate congressional committees, a
plan which sets forth the manner in which the Department of State will correct the Automated Visa
Lookout System, and any other system or list as set
forth in subsection (b).
‘‘(2) Not later than 1 year after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State
shall report to the appropriate congressional committees on the progress made toward completing the correction of lists as set forth in subsection (b).

§ 1182

‘‘(d) APPLICATION.—This section refers to the Immigration and Nationality Act as in effect on and after
June 1, 1991.
‘‘(e) LIMITATION.—
‘‘(1) The Secretary may add or retain in such system or list the names of aliens who are not inadmissible only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included
for other lawful purposes under this paragraph shall
include a notation which clearly and distinctly indicates that such person is not presently inadmissible.
The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for
any reason not set forth in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
‘‘(2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems
and lists for purposes described in paragraph (1).
‘‘(3) Nothing in this section may be construed as
creating new authority or expanding any existing authority for any activity not otherwise authorized by
law.
‘‘(f) DEFINITION.—As used in this section the term ‘appropriate congressional committees’ means the Committee on the Judiciary and the Committee on Foreign
Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign
Relations of the Senate.’’
CHANGES IN LABOR CERTIFICATION PROCESS
Section 122 of Pub. L. 101–649, as amended by Pub. L.
103–416, title II, § 219(ff), Oct. 25, 1995, 108 Stat. 4319, provided that:
‘‘[(a) Repealed. Pub. L. 103–416, title II, § 219(ff), Oct.
25, 1994, 108 Stat. 4319.]
‘‘(b) NOTICE IN LABOR CERTIFICATIONS.—The Secretary
of Labor shall provide, in the labor certification process under section 212(a)(5)(A) of the Immigration and
Nationality Act [8 U.S.C. 1182(a)(5)(A)], that—
‘‘(1) no certification may be made unless the applicant for certification has, at the time of filing the application, provided notice of the filing (A) to the bargaining representative (if any) of the employer’s employees in the occupational classification and area
for which aliens are sought, or (B) if there is no such
bargaining representative, to employees employed at
the facility through posting in conspicuous locations;
and
‘‘(2) any person may submit documentary evidence
bearing on the application for certification (such as
information on available workers, information on
wages and working conditions, and information on
the employer’s failure to meet terms and conditions
with respect to the employment of alien workers and
co-workers).’’
REVIEW OF EXCLUSION LISTS
Section 601(c) of Pub. L. 101–649, as amended by Pub.
L. 104–208, div. C, title III, § 308(d)(3)(B), (f)(1)(Q), Sept.
30, 1996, 110 Stat. 3009–617, 3009–621, provided that: ‘‘The
Attorney General and the Secretary of State shall develop protocols and guidelines for updating lookout
books and the automated visa lookout system and
similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the
United States. Such protocols and guidelines shall be
developed in a manner that ensures that in the case of
an alien—
‘‘(1) whose name is in such system, and
‘‘(2) who either (A) applies for admission after the
effective date of the amendments made by this section [see Effective Date of 1990 Amendment note
above], or (B) requests (in writing to a local consular
office after such date) a review, without seeking admission, of the alien’s continued inadmissibility
under the Immigration and Nationality Act [8 U.S.C.
1101 et seq.],

§ 1182

TITLE 8—ALIENS AND NATIONALITY

if the alien is no longer inadmissible because of an
amendment made by this section the alien’s name shall
be removed from such books and system and the alien
shall be informed of such removal and if the alien continues to be inadmissible the alien shall be informed of
such determination.’’
IMPLEMENTATION OF REQUIREMENTS FOR ADMISSION OF
NONIMMIGRANT NURSES DURING 5-YEAR PERIOD
Section 3(c) of Pub. L. 101–238 provided that: ‘‘The
Secretary of Labor (in consultation with the Secretary
of Health and Human Services) shall—
‘‘(1) first publish final regulations to carry out section 212(m) of the Immigration and Nationality Act [8
U.S.C. 1182(m)] (as added by this section) not later
than the first day of the 8th month beginning after
the date of the enactment of this Act [Dec. 18, 1989];
and
‘‘(2) provide for the appointment (by January 1,
1991) of an advisory group, including representatives
of the Secretary, the Secretary of Health and Human
Services, the Attorney General, hospitals, and labor
organizations representing registered nurses, to advise the Secretary—
‘‘(A) concerning the impact of this section on the
nursing shortage,
‘‘(B) on programs that medical institutions may
implement to recruit and retain registered nurses
who are United States citizens or immigrants who
are authorized to perform nursing services,
‘‘(C) on the formulation of State recruitment and
retention plans under section 212(m)(3) of the Immigration and Nationality Act, and
‘‘(D) on the advisability of extending the amendments made by this section [amending sections 1101
and 1182 of this title] beyond the 5-year period described in subsection (d) [set out above].’’
PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS
ON CERTAIN GROUNDS
Section 901 of Pub. L. 100–204, as amended by Pub. L.
100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub.
L. 101–246, title I, § 128, Feb. 16, 1990, 104 Stat. 30, provided that no nonimmigrant alien was to be denied a
visa or excluded from admission into the United States,
or subject to deportation because of any past, current
or expected beliefs, statements or associations which, if
engaged in by a United States citizen in the United
States, would be protected under the Constitution of
the United States, and which provided construction regarding excludable aliens and standing to sue, prior to
repeal by Pub. L. 101–649, title VI, § 603(a)(21), Nov. 29,
1990, 104 Stat. 5084.
REGULATIONS GOVERNING ADMISSION, DETENTION, AND
TRAVEL OF NONIMMIGRANT ALIENS IN GUAM PURSUANT TO VISA WAIVERS
Section 14(b) of Pub. L. 99–396, as amended by Pub. L.
100–525, § 3(1)(B), Oct. 24, 1988, 102 Stat. 2614, directed Attorney General to issue, within 90 days after Aug. 27,
1986, regulations governing the admission, detention,
and travel of nonimmigrant aliens pursuant to the visa
waiver authorized by the amendment made by section
14(a) of Pub. L. 99–396, prior to repeal by Pub. L. 101–649,
title VI, § 603(a)(19), Nov. 29, 1990, 104 Stat. 5084.
ANNUAL REPORT TO CONGRESS ON IMPLEMENTATION OF
PROVISIONS AUTHORIZING WAIVER OF CERTAIN REQUIREMENTS FOR NONIMMIGRANT VISITORS TO GUAM
Section 14(c) of Pub. L. 99–396, as amended by Pub. L.
100–525, § 3(1)(B), (C), Oct. 24, 1988, 102 Stat. 2614, directed Attorney General to submit a report each year
on implementation of 8 U.S.C. 1182(l) to Committees on
the Judiciary and Interior and Insular Affairs of House
of Representatives and Committees on the Judiciary
and Energy and Natural Resources of Senate, prior to
repeal by Pub. L. 101–649, title VI, § 603(a)(19), Nov. 29,
1990, 104 Stat. 5084.

Page 166

SHARING OF INFORMATION CONCERNING DRUG
TRAFFICKERS
Pub. L. 99–93, title I, § 132, Aug. 16, 1985, 99 Stat. 420,
provided that:
‘‘(a) REPORTING SYSTEMS.—In order to ensure that
foreign narcotics traffickers are denied visas to enter
the United States, as required by section 212(a)(23) of
the Immigration and Naturalization Act ([former] 22 [8]
U.S.C. 1182(a)(23))—
‘‘(1) the Department of State shall cooperate with
United States law enforcement agencies, including
the Drug Enforcement Administration and the United
States Customs Service, in establishing a comprehensive information system on all drug arrests of foreign
nationals in the United States, so that that information may be communicated to the appropriate United
States embassies; and
‘‘(2) the National Drug Enforcement Policy Board
shall agree on uniform guidelines which would permit
the sharing of information on foreign drug traffickers.
‘‘(b) REPORT.—Not later than six months after the
date of the enactment of this Act [Aug. 16, 1985], the
Chairman of the National Drug Enforcement Policy
Board shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate on the
steps taken to implement this section.’’
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.]
REFUGEES FROM DEMOCRATIC KAMPUCHEA (CAMBODIA);
TEMPORARY PAROLE INTO UNITED STATES FOR FISCAL
YEARS 1979 AND 1980
Pub. L. 95–431, title VI, § 605, Oct. 10, 1978, 92 Stat.
1045, provided that it was the sense of Congress that
United States give special consideration to plight of
refugees from Democratic Kampuchea (Cambodia) and
that Attorney General should parole into United
States, under section 1182(d)(5) of this title for fiscal
year 1979, 7,500 aliens who are nationals or citizens of
Democratic Kampuchea and for fiscal year 1980, 7,500
such aliens.
RETROACTIVE ADJUSTMENT OF REFUGEE STATUS
Pub. L. 95–412, § 5, Oct. 5, 1978, 92 Stat. 909, as amended
by Pub. L. 96–212, title II, § 203(g), Mar. 17, 1980, 94 Stat.
108, provided that any refugee, not otherwise eligible
for retroactive adjustment of status, who was paroled
into United States by Attorney General pursuant to
section 1182(d)(5) of this title before Apr. 1, 1980, was to
have his status adjusted pursuant to section 1153(g) and
(h) of this title.
REPORT BY ATTORNEY GENERAL TO CONGRESSIONAL
COMMITTEES ON ADMISSION OF CERTAIN EXCLUDABLE
ALIENS
Pub. L. 95–370, title IV, § 401, Sept. 17, 1978, 92 Stat.
627, directed Attorney General, by October 30, 1979, to
report to specific congressional committees on certain
cases of the admission to the United States of aliens
that may have been excludable under former section
1182(a)(27) to (29) of this title.
NATIONAL BOARD OF MEDICAL EXAMINERS EXAMINATION
Section 602(a), (b) of Pub. L. 94–484, as added by Pub.
L. 95–83, title III, § 307(q)(3), Aug. 1, 1977, 91 Stat. 395, eff.
Jan. 10, 1977, provided that an alien who is a graduate
of a medical school would be considered to have passed
parts I and II of the National Board of Medical Examin-

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TITLE 8—ALIENS AND NATIONALITY

ers Examination if the alien was on January 9, 1977, a
doctor of medicine fully and permanently licensed to
practice medicine in a State, held on that date a valid
specialty certificate issued by a constituent board of
the American Board of Medical Specialties, and was on
that date practicing medicine in a State, prior to repeal by Pub. L. 97–116, § 5(a)(3), Dec. 29, 1981, 95 Stat.
1612.
LABOR CERTIFICATION FOR GRADUATES OF FOREIGN
MEDICAL SCHOOLS; DEVELOPMENT OF DATA BY SECRETARY OF HEALTH, EDUCATION, AND WELFARE NOT
LATER THAN OCT. 12, 1977
Section 906 of Pub. L. 94–484 directed Secretary of
Health, Education, and Welfare, not later than one year
after Oct. 12, 1976, to develop sufficient data to enable
the Secretary of Labor to make equitable determinations with regard to applications for labor certification
by graduates of foreign medical schools, such data to
include the number of physicians (by specialty and by
percent of population) in a geographic area necessary
to provide adequate medical care, including such care
in hospitals, nursing homes, and other health care institutions, in such area.
RESETTLEMENT OF REFUGEE-ESCAPEE; REPORTS; FORMULA; TERMINATION DATE; PERSONS DIFFICULT TO
RESETTLE; CREATION OF RECORD OF ADMISSION FOR
PERMANENT RESIDENCE
Pub. L. 86–648, §§ 1–4, 11, July 14, 1960, 74 Stat. 504, 505,
as amended by Pub. L. 87–510, § 6, June 28, 1962, 76 Stat.
124; Pub. L. 89–236, § 16, Oct. 3, 1965, 79 Stat. 919, provided:
‘‘[SECTION 1. Repealed. Pub. L. 89–236, § 16, Oct. 3, 1965,
79 Stat. 919.]
‘‘[SEC. 2. Repealed. Pub. L. 89–236, § 16, Oct. 3, 1965, 79
Stat. 919.]
‘‘SEC. 3. Any alien who was paroled into the United
States as a refugee-escapee, pursuant to section 1 of the
Act, whose parole has not theretofore been terminated
by the Attorney General pursuant to such regulations
as he may prescribe under the authority of section
212(d)(5) of the Immigration and Nationality Act [subsec. (d)(5) of this section]; and who has been in the
United States for at least two years, and who has not
acquired permanent residence, shall forthwith return
or be returned to the custody of the Immigration and
Naturalization Service and shall thereupon be inspected and examined for admission into the United
States, and his case dealt with in accordance with the
provisions of sections 235, 236, and 237 of the Immigration and Nationality Act [sections 1225, 1226, and
[former] 1227 of this title].
‘‘SEC. 4. Any alien who, pursuant to section 3 of this
Act, is found, upon inspection by the immigration officer or after hearing before a special inquiry officer, to
be admissible as an immigrant under the Immigration
and Nationality Act [this chapter] at the time of his inspection and examination, except for the fact that he
was not and is not in possession of the documents required by section 212(a)(20) of the said Act [former subsec. (a)(20) of this section], shall be regarded as lawfully
admitted to the United States for permanent residence
as of the date of his arrival.
*

*

*

*

*

‘‘[SEC. 11. Repealed. Pub. L. 89-236, § 16, Oct. 3, 1965, 79
Stat. 919.]’’
CREATION OF RECORD OF ADMISSION FOR PERMANENT
RESIDENCE IN THE CASE OF CERTAIN HUNGARIAN REFUGEES

Pub. L. 85–559, July 25, 1958, 72 Stat. 419, provided:
‘‘That any alien who was paroled into the United
States as a refugee from the Hungarian revolution
under section 212(d)(5) of the Immigration and Nationality Act [subsection (d)(5) of this section] subsequent
to October 23, 1956, who has been in the United States

§ 1182

for at least two years, and who has not acquired permanent residence, shall forthwith return or be returned to
the custody of the Immigration and Naturalization
Service, and shall thereupon be inspected and examined
for admission into the United States, and his case dealt
with, in accordance with the provisions of sections 235,
236 and 237 of that Act [sections 1225, 1226 and [former]
1227 of this title].
‘‘SEC. 2. Any such alien who, pursuant to section 1 of
this Act, is found, upon inspection by an immigration
officer or after hearing before a special inquiry officer,
to have been and to be admissible as an immigrant at
the time of his arrival in the United States and at the
time of his inspection and examination, except for the
fact that he was not and is not in possession of the documents required by section 212(a)(20) of the Immigration and Nationality Act [former subsection (a)(20) of
this section], shall be regarded as lawfully admitted to
the United States for permanent residence as of the
date of his arrival.
‘‘SEC. 3. Nothing contained in this Act shall be held
to repeal, amend, alter, modify, affect, or restrict the
powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of the
Immigration and Nationality Act [this chapter] or any
other law relating to immigration, nationality, or naturalization.’’
PROC. NO. 4865. HIGH SEAS INTERDICTION OF ILLEGAL
ALIENS
Proc. No. 4865, Sept. 29, 1981, 46 F.R. 48107, provided:
The ongoing migration of persons to the United
States in violation of our laws is a serious national
problem detrimental to the interests of the United
States. A particularly difficult aspect of the problem is
the continuing illegal migration by sea of large numbers of undocumented aliens into the southeastern
United States. These arrivals have severely strained
the law enforcement resources of the Immigration and
Naturalization Service and have threatened the welfare
and safety of communities in that region.
As a result of our discussions with the Governments
of affected foreign countries and with agencies of the
Executive Branch of our Government, I have determined that new and effective measures to curtail these
unlawful arrivals are necessary. In this regard, I have
determined that international cooperation to intercept
vessels trafficking in illegal migrants is a necessary
and proper means of insuring the effective enforcement
of our laws.
NOW, THEREFORE, I, RONALD REAGAN, President
of the United States of America, by the authority vested in me by the Constitution and the statutes of the
United States, including Sections 212(f) and 215(a)(1) of
the Immigration and Nationality Act, as amended (8
U.S.C. 1182(f) and 1185(a)(1)), in order to protect the sovereignty of the United States, and in accordance with
cooperative arrangements with certain foreign governments, and having found that the entry of undocumented aliens, arriving at the borders of the United
States from the high seas, is detrimental to the interests of the United States, do proclaim that:
The entry of undocumented aliens from the high seas
is hereby suspended and shall be prevented by the
interdiction of certain vessels carrying such aliens.
IN WITNESS WHEREOF, I have hereunto set my
hand this twenty-ninth day of September, in the year
of our Lord nineteen hundred and eighty-one, and of
the Independence of the United States of America the
two hundred and sixth.
RONALD REAGAN.
PROC. NO. 7750. TO SUSPEND ENTRY AS IMMIGRANTS OR
NONIMMIGRANTS OF PERSONS ENGAGED IN OR BENEFITING FROM CORRUPTION
Proc. No. 7750, Jan. 12, 2004, 69 F.R. 2287, provided:
In light of the importance of legitimate and transparent public institutions to world stability, peace, and
development, and the serious negative effects that cor-

§ 1182

TITLE 8—ALIENS AND NATIONALITY

ruption of public institutions has on the United States
efforts to promote security and to strengthen democratic institutions and free market systems, and in
light of the importance to the United States and the
international community of fighting corruption, as evidenced by the Third Global Forum on Fighting Corruption and Safeguarding Integrity and other intergovernmental efforts, I have determined that it is in the interests of the United States to take action to restrict
the international travel and to suspend the entry into
the United States, as immigrants or nonimmigrants, of
certain persons who have committed, participated in,
or are beneficiaries of corruption in the performance of
public functions where that corruption has serious adverse effects on international activity of U.S. businesses, U.S. foreign assistance goals, the security of the
United States against transnational crime and terrorism, or the stability of democratic institutions and nations.
NOW, THEREFORE, I, GEORGE W. BUSH, President
of the United States of America, by the authority vested in me by the Constitution and the laws of the United
States, including section 212(f) of the Immigration and
Nationality Act of 1952, 8 U.S.C. 1182(f), and section 301
of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the
United States of persons described in section 1 of this
proclamation would, except as provided in sections 2
and 3 of this proclamation, be detrimental to the interests of the United States.
I therefore hereby proclaim that:
SECTION 1. The entry into the United States, as immigrants or nonimmigrants, of the following persons is
hereby suspended:
(a) Public officials or former public officials whose
solicitation or acceptance of any article of monetary
value, or other benefit, in exchange for any act or omission in the performance of their public functions has or
had serious adverse effects on the national interests of
the United States.
(b) Persons whose provision of or offer to provide any
article of monetary value or other benefit to any public
official in exchange for any act or omission in the performance of such official’s public functions has or had
serious adverse effects on the national interests of the
United States.
(c) Public officials or former public officials whose
misappropriation of public funds or interference with
the judicial, electoral, or other public processes has or
had serious adverse effects on the national interests of
the United States.
(d) The spouses, children, and dependent household
members of persons described in paragraphs (a), (b),
and (c) above, who are beneficiaries of any articles of
monetary value or other benefits obtained by such persons.
SEC. 2. Section 1 of this proclamation shall not apply
with respect to any person otherwise covered by section 1 where entry of the person into the United States
would not be contrary to the interests of the United
States.
SEC. 3. Persons covered by sections 1 and 2 of this
proclamation shall be identified by the Secretary of
State or the Secretary’s designee, in his or her sole discretion, pursuant to such standards and procedures as
the Secretary may establish.
SEC. 4. For purposes of this proclamation, ‘‘serious
adverse effects on the national interests of the United
States’’ means serious adverse effects on the international economic activity of U.S. businesses, U.S. foreign assistance goals, the security of the United States
against transnational crime and terrorism, or the stability of democratic institutions and nations.
SEC. 5. Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements.
SEC. 6. The Secretary of State shall have responsibility for implementing this proclamation pursuant to
such procedures as the Secretary may, in the Secretary’s discretion, establish.

Page 168

SEC. 7. This proclamation is effective immediately.
SEC. 8. This proclamation is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party,
against the United States, its departments, agencies, or
other entities, its officers or employees, or any other
person.
IN WITNESS WHEREOF, I have hereunto set my
hand this twelfth day of January, in the year of our
Lord two thousand four, and of the Independence of the
United States of America the two hundred and twentyeighth.
GEORGE W. BUSH.
PROC. NO. 8342. TO SUSPEND ENTRY AS IMMIGRANTS AND
NONIMMIGRANTS OF FOREIGN GOVERNMENT OFFICIALS
RESPONSIBLE FOR FAILING TO COMBAT TRAFFICKING IN
PERSONS
Proc. No. 8342, Jan. 16, 2009, 74 F.R. 4093, provided:
In order to foster greater resolve to address trafficking in persons (TIP), specifically in punishing acts of
trafficking and providing protections to the victims of
these crimes, consistent with the Trafficking Victims
Protection Act of 2000, as amended (the ‘‘Act’’) (22
U.S.C. 7101 et seq.), it is in the interests of the United
States to restrict the international travel and to suspend entry into the United States, as immigrants or
nonimmigrants, of certain senior government officials
responsible for domestic law enforcement, justice, or
labor affairs who have impeded their governments’
antitrafficking efforts, have failed to implement their
governments’ antitrafficking laws and policies, or who
otherwise bear responsibility for their governments’
failures to take steps recognized internationally as appropriate to combat trafficking in persons, and whose
governments have been ranked more than once as Tier
3 countries, which represent the worst anti-TIP performers, in the Department of State’s annual Trafficking in Persons Report, and for which I have made a determination pursuant to section 110(d)(1)–(2) or (4) of
the Act. The Act reflects international antitrafficking
standards that guide efforts to eradicate this modernday form of slavery around the world.
NOW, THEREFORE, I, GEORGE W. BUSH, President
of the United States of America, by virtue of the authority vested in me by the Constitution and the laws
of the United States, including section 212(f) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1182(f),
and section 301 of title 3, United States Code, hereby
find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would, except
as provided for in sections 2 and 3 of this proclamation,
be detrimental to the interests of the United States.
I therefore hereby proclaim that:
SECTION 1. The entry into the United States, as immigrants or nonimmigrants, of the following aliens is
hereby suspended:
(a) Senior government officials—defined as the heads
of ministries or agencies and officials occupying positions within the two bureaucratic levels below those
top positions—responsible for domestic law enforcement, justice, or labor affairs who have impeded their
governments’ antitrafficking efforts, have failed to implement their governments’ antitrafficking laws and
policies, or who otherwise bear responsibility for their
governments’ failures to take steps recognized internationally as appropriate to combat trafficking in persons, and who are members of governments for which I
have made a determination pursuant to section
110(d)(1)–(2) or (4) of the Act, in the current year and at
least once in the preceding 3 years;
(b) The spouses of persons described in subsection (a)
of this section.
SEC. 2. Section 1 of this proclamation shall not apply
with respect to any person otherwise covered by section 1 where entry of such person would not be contrary
to the interest of the United States.
SEC. 3. Persons covered by sections 1 or 2 of this proclamation shall be identified by the Secretary of State

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TITLE 8—ALIENS AND NATIONALITY

or the Secretary’s designee, in his or her sole discretion, pursuant to such procedures as the Secretary may
establish under section 5 of this proclamation.
SEC. 4. Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements.
SEC. 5. The Secretary of State shall implement this
proclamation pursuant to such procedures as the Secretary, in consultation with the Secretary of Homeland
Security, may establish.
SEC. 6. This proclamation is effective immediately. It
shall remain in effect until such time as the Secretary
of State determines that it is no longer necessary and
should be terminated, either in whole or in part. Any
such determination by the Secretary of State shall be
published in the Federal Register.
SEC. 7. This proclamation is not intended to, and does
not, create any right, benefit, or privilege, substantive
or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
IN WITNESS WHEREOF, I have hereunto set my
hand this sixteenth day of January, in the year of our
Lord two thousand nine, and of the Independence of the
United States of America the two hundred and thirtythird.
GEORGE W. BUSH.
PROC. NO. 8693. SUSPENSION OF ENTRY OF ALIENS SUBJECT TO UNITED NATIONS SECURITY COUNCIL TRAVEL
BANS AND INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT SANCTIONS
Proc. No. 8693, July 24, 2011, 76 F.R. 44751, provided:
In light of the firm commitment of the United States
to the preservation of international peace and security
and our obligations under the United Nations Charter
to carry out the decisions of the United Nations Security Council imposed under Chapter VII, I have determined that it is in the interests of the United States to
suspend the entry into the United States, as immigrants or nonimmigrants, of aliens who are subject to
United Nations Security Council travel bans as of the
date of this proclamation. I have further determined
that the interests of the United States are served by
suspending the entry into the United States, as immigrants or nonimmigrants, of aliens whose property and
interests in property have been blocked by an Executive Order issued in whole or in part pursuant to the
President’s authority under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution
and the laws of the United States of America, including
section 212(f) of the Immigration and Nationality Act
of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of
title 3, United States Code[,] hereby find that the unrestricted immigrant and nonimmigrant entry into the
United States of persons described in section 1 of this
proclamation would be detrimental to the interests of
the United States. I therefore hereby proclaim that:
SECTION 1. The entry into the United States, as immigrants or nonimmigrants, of the following persons is
hereby suspended:
(a) Any alien who meets one or more of the specific
criteria for the imposition of a travel ban provided for
in a United Nations Security Council resolution referenced in Annex A to this proclamation.
(b) Any alien who meets one or more of the specific
criteria contained in an Executive Order referenced in
Annex B to this proclamation.
SEC. 2. Persons covered by section 1 of this proclamation shall be identified by the Secretary of State or the
Secretary’s designee, in his or her sole discretion, pursuant to such standards and procedures as the Secretary may establish.
SEC. 3. The Secretary of State shall have responsibility for implementing this proclamation pursuant to
such procedures as the Secretary, in consultation with

§ 1182

the Secretary of the Treasury and Secretary of Homeland Security, may establish.
SEC. 4. Section 1 of this proclamation shall not apply
with respect to any person otherwise covered by section 1 where entry of the person into the United States
would not be contrary to the interests of the United
States, as determined by the Secretary of State. In exercising the functions and authorities in the previous
sentence, the Secretary of State shall consult the Secretary of Homeland Security on matters related to admissibility or inadmissibility within the authority of
the Secretary of Homeland Security.
SEC. 5. Nothing in this proclamation shall be construed to require actions that would be inconsistent
with the United States [sic] obligations under applicable international agreements.
SEC. 6. This proclamation is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
SEC. 7. This proclamation is effective immediately
and shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated, either in whole or in
part. Any such termination shall become effective upon
publication in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my
hand this twenty-fourth day of July, in the year of our
Lord two thousand eleven, and of the Independence of
the United States of America the two hundred and thirty-sixth.
BARACK OBAMA.
PROC. NO. 8697. SUSPENSION OF ENTRY AS IMMIGRANTS
AND NONIMMIGRANTS OF PERSONS WHO PARTICIPATE IN
SERIOUS HUMAN RIGHTS AND HUMANITARIAN LAW VIOLATIONS AND OTHER ABUSES
Proc. No. 8697, Aug. 4, 2011, 76 F.R. 49277, provided:
The United States [sic] enduring commitment to respect for human rights and humanitarian law requires
that its Government be able to ensure that the United
States does not become a safe haven for serious violators of human rights and humanitarian law and those
who engage in other related abuses. Universal respect
for human rights and humanitarian law and the prevention of atrocities internationally promotes U.S. values
and fundamental U.S. interests in helping secure peace,
deter aggression, promote the rule of law, combat
crime and corruption, strengthen democracies, and prevent humanitarian crises around the globe. I therefore
have determined that it is in the interests of the
United States to take action to restrict the international travel and to suspend the entry into the
United States, as immigrants or nonimmigrants, of certain persons who have engaged in the acts outlined in
section 1 of this proclamation.
NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution
and the laws of the United States of America, including
section 212(f) of the Immigration and Nationality Act
of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of
title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the
United States of persons described in section 1 of this
proclamation would be detrimental to the interests of
the United States. I therefore hereby proclaim that:
SECTION 1. The entry into the United States, as immigrants or nonimmigrants, of the following persons is
hereby suspended:
(a) Any alien who planned, ordered, assisted, aided
and abetted, committed or otherwise participated in,
including through command responsibility, widespread
or systematic violence against any civilian population
based in whole or in part on race; color; descent; sex;
disability; membership in an indigenous group; language; religion; political opinion; national origin; ethnicity; membership in a particular social group; birth;

§ 1182

TITLE 8—ALIENS AND NATIONALITY

or sexual orientation or gender identity, or who attempted or conspired to do so.
(b) Any alien who planned, ordered, assisted, aided
and abetted, committed or otherwise participated in,
including through command responsibility, war crimes,
crimes against humanity or other serious violations of
human rights, or who attempted or conspired to do so.
SEC. 2. Section 1 of this proclamation shall not apply
with respect to any person otherwise covered by section 1 where the entry of such person would not harm
the foreign relations interests of the United States.
SEC. 3. The Secretary of State, or the Secretary’s designee, in his or her sole discretion, shall identify persons covered by section 1 of this proclamation, pursuant to such standards and procedures as the Secretary
may establish.
SEC. 4. The Secretary of State shall have responsibility for implementing this proclamation pursuant to
such procedures as the Secretary, in consultation with
the Secretary of Homeland Security, may establish.
SEC. 5. For any person whose entry is otherwise suspended under this proclamation entry will be denied,
unless the Secretary of State determines that the particular entry of such person would be in the interests
of the United States. In exercising such authority, the
Secretary of State shall consult the Secretary of Homeland Security on matters related to admissibility or inadmissibility within the authority of the Secretary of
Homeland Security.
SEC. 6. Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements, or
to suspend entry based solely on an alien’s ideology,
opinions, or beliefs, or based solely on expression that
would be considered protected under U.S. interpretations of international agreements to which the United
States is a party. Nothing in this proclamation shall be
construed to limit the authority of the United States
to admit or to suspend entry of particular individuals
into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or under any other
provision of U.S. law.
SEC. 7. This proclamation is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
SEC. 8. This proclamation is effective immediately
and shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated, either in whole or in
part. Any such termination shall become effective upon
publication in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my
hand this fourth day of August, in the year of our Lord
two thousand eleven, and of the Independence of the
United States of America the two hundred and thirtysixth.
BARACK OBAMA.
EXECUTIVE ORDER NO. 12324
Ex. Ord. No. 12324, Sept. 29, 1981, 46 F.R. 48109, which
directed Secretary of State to enter into cooperative
arrangements with foreign governments for purpose of
preventing illegal migration to United States by sea,
directed Secretary of the Department in which the
Coast Guard is operating to issue appropriate instructions to Coast Guard to enforce suspension of entry of
undocumented aliens and interdiction of any defined
vessel carrying such aliens, and directed Attorney General to ensure fair enforcement of immigration laws
and strict observance of international obligations of
United States concerning those who genuinely flee persecution in their homeland, was revoked and replaced
by Ex. Ord. No. 12807, § 4, May 24, 1992, 57 F.R. 23134, set
out below.

Page 170

EX. ORD. NO. 12807. INTERDICTION OF ILLEGAL ALIENS
Ex. Ord. No. 12807, May 24, 1992, 57 F.R. 23133, as
amended by Ex. Ord. No. 13286, § 30, Feb. 28, 2003, 68 F.R.
10625, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 212(f) and 215(a)(1) of the
Immigration and Nationality Act, as amended (8 U.S.C.
1182(f) and 1185(a)(1)), and whereas:
(1) The President has authority to suspend the entry
of aliens coming by sea to the United States without
necessary documentation, to establish reasonable rules
and regulations regarding, and other limitations on,
the entry or attempted entry of aliens into the United
States, and to repatriate aliens interdicted beyond the
territorial sea of the United States;
(2) The international legal obligations of the United
States under the United Nations Protocol Relating to
the Status of Refugees (U.S. T.I.A.S. 6577; 19 U.S.T.
6223) to apply Article 33 of the United Nations Convention Relating to the Status of Refugees do not extend
to persons located outside the territory of the United
States;
(3) Proclamation No. 4865 [set out above] suspends the
entry of all undocumented aliens into the United
States by the high seas; and
(4) There continues to be a serious problem of persons
attempting to come to the United States by sea without necessary documentation and otherwise illegally;
I, GEORGE BUSH, President of the United States of
America, hereby order as follows:
SECTION 1. The Secretary of State shall undertake to
enter into, on behalf of the United States, cooperative
arrangements with appropriate foreign governments
for the purpose of preventing illegal migration to the
United States by sea.
SEC. 2. (a) The Secretary of the Department in which
the Coast Guard is operating, in consultation, where
appropriate, with the Secretary of Defense, the Attorney General, and the Secretary of State, shall issue appropriate instructions to the Coast Guard in order to
enforce the suspension of the entry of undocumented
aliens by sea and the interdiction of any defined vessel
carrying such aliens.
(b) Those instructions shall apply to any of the following defined vessels:
(1) Vessels of the United States, meaning any vessel
documented or numbered pursuant to the laws of the
United States, or owned in whole or in part by the
United States, a citizen of the United States, or a corporation incorporated under the laws of the United
States or any State, Territory, District, Commonwealth, or possession thereof, unless the vessel has
been granted nationality by a foreign nation in accord
with Article 5 of the Convention on the High Seas of
1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).
(2) Vessels without nationality or vessels assimilated
to vessels without nationality in accordance with paragraph (2) of Article 6 of the Convention on the High
Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).
(3) Vessels of foreign nations with whom we have arrangements authorizing the United States to stop and
board such vessels.
(c) Those instructions to the Coast Guard shall include appropriate directives providing for the Coast
Guard:
(1) To stop and board defined vessels, when there is
reason to believe that such vessels are engaged in the
irregular transportation of persons or violations of
United States law or the law of a country with which
the United States has an arrangement authorizing such
action.
(2) To make inquiries of those on board, examine documents and take such actions as are necessary to carry
out this order.
(3) To return the vessel and its passengers to the
country from which it came, or to another country,
when there is reason to believe that an offense is being
committed against the United States immigration

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TITLE 8—ALIENS AND NATIONALITY

laws, or appropriate laws of a foreign country with
which we have an arrangement to assist; provided, however, that the Secretary of Homeland Security, in his
unreviewable discretion, may decide that a person who
is a refugee will not be returned without his consent.
(d) These actions, pursuant to this section, are authorized to be undertaken only beyond the territorial
sea of the United States.
SEC. 3. This order is intended only to improve the internal management of the Executive Branch. Neither
this order nor any agency guidelines, procedures, instructions, directives, rules or regulations implementing this order shall create, or shall be construed to create, any right or benefit, substantive or procedural (including without limitation any right or benefit under
the Administrative Procedure Act [5 U.S.C. 551 et seq.,
701 et seq.]), legally enforceable by any party against
the United States, its agencies or instrumentalities, officers, employees, or any other person. Nor shall this
order be construed to require any procedures to determine whether a person is a refugee.
SEC. 4. Executive Order No. 12324 is hereby revoked
and replaced by this order.
SEC. 5. This order shall be effective immediately.
GEORGE BUSH.
EX. ORD. NO. 13276. DELEGATION OF RESPONSIBILITIES
CONCERNING UNDOCUMENTED ALIENS INTERDICTED OR
INTERCEPTED IN THE CARIBBEAN REGION
Ex. Ord. No. 13276, Nov. 15, 2002, 67 F.R. 69985, as
amended by Ex. Ord. No. 13286, § 1, Feb. 28, 2003, 68 F.R.
10619, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 212(f) and 215(a)(1) of the
Immigration and Nationality Act, as amended (8 U.S.C.
1182(f) and 1185(a)(1)), and section 301 of title 3, United
States Code, and in order to delegate appropriate responsibilities to Federal agencies for responding to migration of undocumented aliens in the Caribbean region, it is hereby ordered:
SECTION 1. Duties and Authorities of Agency Heads.
Consistent with applicable law,
(a)(i) The Secretary of Homeland Security may maintain custody, at any location he deems appropriate, of
any undocumented aliens he has reason to believe are
seeking to enter the United States and who are interdicted or intercepted in the Caribbean region. In this
regard, the Secretary of Homeland Security shall provide and operate a facility, or facilities, to house and
provide for the needs of any such aliens. Such a facility
may be located at Guantanamo Bay Naval Base or any
other appropriate location.
(ii) The Secretary of Homeland Security may conduct
any screening of such aliens that he deems appropriate,
including screening to determine whether such aliens
should be returned to their country of origin or transit,
or whether they are persons in need of protection who
should not be returned without their consent. If the
Secretary of Homeland Security institutes such screening, then until a determination is made, the Secretary
of Homeland Security shall provide for the custody,
care, safety, transportation, and other needs of the
aliens. The Secretary of Homeland Security shall continue to provide for the custody, care, safety, transportation, and other needs of aliens who are determined
not to be persons in need of protection until such time
as they are returned to their country of origin or transit.
(b) The Secretary of State shall provide for the custody, care, safety, transportation, and other needs of
undocumented aliens interdicted or intercepted in the
Caribbean region whom the Secretary of Homeland Security has identified as persons in need of protection.
The Secretary of State shall provide for and execute a
process for resettling such persons in need of protection, as appropriate, in countries other than their
country of origin, and shall also undertake such diplomatic efforts as may be necessary to address the prob-

§ 1182

lem of illegal migration of aliens in the Caribbean region and to facilitate the return of those aliens who are
determined not to be persons in need of protection.
(c)(i) The Secretary of Defense shall make available
to the Secretary of Homeland Security and the Secretary of State, for the housing and care of any undocumented aliens interdicted or intercepted in the Caribbean region and taken into their custody, any facilities
at Guantanamo Bay Naval Base that are excess to current military needs and the provision of which does not
interfere with the operation and security of the base.
The Secretary of Defense shall be responsible for providing access to such facilities and perimeter security.
The Secretary of Homeland Security and the Secretary
of State, respectively, shall be responsible for reimbursement for necessary supporting utilities.
(ii) In the event of a mass migration in the Caribbean
region, the Secretary of Defense shall provide support
to the Secretary of Homeland Security and the Secretary of State in carrying out the duties described in
paragraphs (a) and (b) of this section regarding the custody, care, safety, transportation, and other needs of
the aliens, and shall assume primary responsibility for
these duties on a nonreimbursable basis as necessary to
contain the threat to national security posed by the
migration. The Secretary of Defense shall also provide
support to the Coast Guard in carrying out the duties
described in Executive Order 12807 of May 24, 1992 [set
out above], regarding interdiction of migrants.
SEC. 2. Definitions. For purposes of this order, the
term ‘‘mass migration’’ means a migration of undocumented aliens that is of such magnitude and duration
that it poses a threat to the national security of the
United States, as determined by the President.
SEC. 3. Scope.
(a) Nothing in this order shall be construed to impair
or otherwise affect the authorities and responsibilities
set forth in Executive Order 12807 of May 24, 1992 [set
out above].
(b) Nothing in this order shall be construed to make
reviewable in any judicial or administrative proceeding, or otherwise, any action, omission, or matter that
otherwise would not be reviewable.
(c) This order is intended only to improve the management of the executive branch. This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or equity
or otherwise against the United States, its departments, agencies, entities, instrumentalities, officers,
employees, or any other person.
(d) Any agency assigned any duties by this order may
use the provisions of the Economy Act, 31 U.S.C. 1535
and 1536, to carry out such duties, to the extent permitted by such Act.
(e) This order shall not be construed to require any
procedure to determine whether a person is a refugee or
otherwise in need of protection.
GEORGE W. BUSH.
DELEGATION OF AUTHORITY UNDER SECTIONS 1182(f) AND
1185(a)(1) OF THIS TITLE
Memorandum of President of the United States, Sept.
24, 1999, 64 F.R. 55809, provided:
Memorandum for the Attorney General
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 212(f) and 215(a)(1) of the
Immigration and Nationality Act, as amended (8 U.S.C.
1182(f) and 1185(a)(1)), and in light of Proclamation 4865
of September 29, 1981 [set out above], I hereby delegate
to the Attorney General the authority to:
(a) Maintain custody, at any location she deems appropriate, and conduct any screening she deems appropriate in her unreviewable discretion, of any undocumented person she has reason to believe is seeking to enter the United States and who is encountered in a vessel interdicted on the high seas through
December 31, 2000; and
(b) Undertake any other appropriate actions with
respect to such aliens permitted by law.

§§ 1182a to 1182c

TITLE 8—ALIENS AND NATIONALITY

With respect to the functions delegated by this order,
all actions taken after April 16, 1999, for or on behalf of
the President that would have been valid if taken pursuant to this memorandum are ratified.
This memorandum is not intended to create, and
should not be construed to create, any right or benefit,
substantive or procedural, legally enforceable by any
party against the United States, its agencies or instrumentalities, officers, employees, or any other person,
or to require any procedures to determine whether a
person is a refugee.
You are authorized and directed to publish this
memorandum in the Federal Register.
WILLIAM J. CLINTON.

§§ 1182a to 1182c. Repealed. Pub. L. 87–301,
§ 24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657
Section 1182a, act Sept. 3, 1954, ch. 1254, § 4, 68 Stat.
1145, related to admission of aliens who were either
convicted, or who admitted the commission, of a misdemeanor.
Section 1182b, Pub. L. 85–316, § 5, Sept. 11, 1957, 71
Stat. 640, permitted admission of an alien spouse, child
or parent excludable for crime involving moral turpitude in cases of hardship, when not contrary to national welfare or security, and with Attorney General’s
consent, and under conditions and procedures prescribed by him. See section 1182(h) of this title.
Section 1182c, Pub. L. 85–316, § 6, Sept. 11, 1957, 71 Stat.
640; Pub. L. 86–253, § 1, Sept. 9, 1959, 73 Stat. 490, authorized admission of an alien spouse, child, or parent of a
United States citizen afflicted with tuberculosis under
terms, conditions and controls prescribed by Attorney
General. See section 1182(g) of this title.

§ 1182d. Denial of visas to confiscators of American property
(a) Denial of visas
Except as otherwise provided in section 6091 of
title 22, and subject to subsection (b) of this section, the Secretary of State may deny the issuance of a visa to any alien who—
(1) through the abuse of position, including a
governmental or political party position, converts or has converted for personal gain real
property that has been confiscated or expropriated, a claim to which is owned by a national of the United States, or who is
complicit in such a conversion; or
(2) induces any of the actions or omissions
described in paragraph (1) by any person.
(b) Exceptions
Subsection (a) of this section shall not apply
to—
(1) any country established by international
mandate through the United Nations; or
(2) any territory recognized by the United
States Government to be in dispute.
(c) Reporting requirement
Not later than 6 months after October 21, 1998,
and every 12 months thereafter, the Secretary of
State shall submit to the Speaker of the House
of Representatives and to the chairman of the
Committee on Foreign Relations of the Senate a
report, including—
(1) a list of aliens who have been denied a
visa under this subsection; and
(2) a list of aliens who could have been denied a visa under subsection (a) of this section
but were issued a visa and an explanation as to
why each such visa was issued.
(Pub. L. 105–277, div. G, subdiv. B, title XXII,
§ 2225, Oct. 21, 1998, 112 Stat. 2681–819.)

Page 172

CODIFICATION
Section was enacted as part of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999, and also
as part of the Foreign Affairs Reform and Restructuring Act of 1998, and the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, and
not as part of the Immigration and Nationality Act
which comprises this chapter.

§ 1182e. Denial of entry into United States of foreign nationals engaged in establishment or
enforcement of forced abortion or sterilization policy
(a) Denial of entry
Notwithstanding any other provision of law,
the Secretary of State may not issue any visa
to, and the Attorney General may not admit to
the United States, any foreign national whom
the Secretary finds, based on credible and specific information, to have been directly involved
in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice or
forcing a man or woman to undergo sterilization
against his or her free choice, unless the Secretary has substantial grounds for believing that
the foreign national has discontinued his or her
involvement with, and support for, such policies.
(b) Exceptions
The prohibitions in subsection (a) of this section shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister.
(c) Waiver
The Secretary of State may waive the prohibitions in subsection (a) of this section with respect to a foreign national if the Secretary—
(1) determines that it is important to the national interest of the United States to do so;
and
(2) provides written notification to the appropriate congressional committees containing a justification for the waiver.
(Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title
VIII, § 801], Nov. 29, 1999, 113 Stat. 1536,
1501A–468.)
CODIFICATION
Section was enacted as part of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of
the Immigration and Nationality Act which comprises
this chapter.
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.

§ 1182f. Denial of entry into United States of Chinese and other nationals engaged in coerced
organ or bodily tissue transplantation
(a) Denial of entry
Notwithstanding any other provision of law
and except as provided in subsection (b) of this
section, the Secretary shall direct consular officers not to issue a visa to any person whom the

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TITLE 8—ALIENS AND NATIONALITY

Secretary finds, based on credible and specific
information, to have been directly involved with
the coercive transplantation of human organs or
bodily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement
with, and support for, such practices.
(b) Exception
The prohibitions in subsection (a) of this section do not apply to an applicant who is a head
of state, head of government, or cabinet-level
minister.
(c) Waiver
The Secretary may waive the prohibitions in
subsection (a) of this section with respect to a
foreign national if the Secretary—
(1) determines that it is important to the national interest of the United States to do so;
and
(2) not later than 30 days after the issuance
of a visa, provides written notification to the
appropriate congressional committees containing a justification for the waiver.
(Pub. L. 107–228, div. A, title II, § 232, Sept. 30,
2002, 116 Stat. 1372.)
CODIFICATION
Section was enacted as part of the Department of
State Authorization Act, Fiscal Year 2003, and also as
part of the Foreign Relations Authorization Act, Fiscal
Year 2003, and not as part of the Immigration and Nationality Act which comprises this chapter.
DEFINITIONS
For definitions of ‘‘Secretary’’ and ‘‘appropriate congressional committees’’ as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section
2651 of Title 22, Foreign Relations and Intercourse.

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

§ 1183a

charge, irrespective of whether a demand for
payment of public expenses has been made.
(June 27, 1952, ch. 477, title II, ch. 2, § 213, 66 Stat.
188; Pub. L. 91–313, § 1, July 10, 1970, 84 Stat. 413;
Pub. L. 101–649, title VI, § 603(a)(8), Nov. 29, 1990,
104 Stat. 5083; Pub. L. 104–208, div. C, title III,
§ 308(d)(3)(A), title V, § 564(f), Sept. 30, 1996, 110
Stat. 3009–617, 3009–684.)
AMENDMENTS
1996—Pub. L. 104–208, § 564(f), inserted ‘‘(subject to the
affidavit of support requirement and attribution of
sponsor’s income and resources under section 1183a of
this title)’’ after ‘‘in the discretion of the Attorney
General’’.
Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmissible’’ for ‘‘excludable’’.
1990—Pub. L. 101–649 substituted ‘‘(4)’’ for ‘‘(7) or (15)’’
and inserted before period at end ‘‘, irrespective of
whether a demand for payment of public expenses has
been made’’ after ‘‘becomes a public charge’’.
1970—Pub. L. 91–313 substituted provisions admitting,
under the specified conditions, an alien excludable
under pars. (7) or (15) of section 1182(a) of this title, for
provisions admitting, under the specified conditions,
any alien excludable because of the likelihood of becoming a public charge or because of physical disability other than tuberculosis in any form, leprosy, or a
dangerous contagious disease, and struck out provisions authorizing a cash deposit with the Attorney
General in lieu of a bond, such amount to be deposited
in the United States Postal Savings System, and provisions that the admission of the alien be consideration
for the giving of the bond, undertaking, or cash deposit.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(3)(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 564(f) of Pub. L. 104–208 effective Sept. 30, 1996, see section 591 of Pub. L. 104–208, set
out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.
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.

§ 1183a. Requirements for sponsor’s affidavit of
support
(a) Enforceability
(1) Terms of affidavit
No affidavit of support may be accepted by
the Attorney General or by any consular officer to establish that an alien is not excludable
as a public charge under section 1182(a)(4) of
this title unless such affidavit is executed by
a sponsor of the alien as a contract—
(A) in which the sponsor agrees to provide
support to maintain the sponsored alien at
an annual income that is not less than 125
percent of the Federal poverty line during
the period in which the affidavit is enforceable;

§ 1183a

TITLE 8—ALIENS AND NATIONALITY

(B) that is legally enforceable against the
sponsor by the sponsored alien, the Federal
Government, any State (or any political subdivision of such State), or by any other entity that provides any means-tested public
benefit (as defined in subsection (e) 1 of this
section), consistent with the provisions of
this section; and
(C) in which the sponsor agrees to submit
to the jurisdiction of any Federal or State
court for the purpose of actions brought
under subsection (b)(2) of this section.
(2) Period of enforceability
An affidavit of support shall be enforceable
with respect to benefits provided for an alien
before the date the alien is naturalized as a
citizen of the United States, or, if earlier, the
termination date provided under paragraph
(3).
(3) Termination of period of enforceability
upon completion of required period of employment, etc.
(A) In general
An affidavit of support is not enforceable
after such time as the alien (i) has worked 40
qualifying quarters of coverage as defined
under title II of the Social Security Act [42
U.S.C. 401 et seq.] or can be credited with
such qualifying quarters as provided under
subparagraph (B), and (ii) in the case of any
such qualifying quarter creditable for any
period beginning after December 31, 1996, did
not receive any Federal means-tested public
benefit (as provided under section 1613 of
this title) during any such period.
(B) Qualifying quarters
For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security
Act [42 U.S.C. 401 et seq.] an alien shall be
credited with—
(i) all of the qualifying quarters of coverage as defined under title II of the Social
Security Act worked by a parent of such
alien while the alien was under age 18, and
(ii) all of the qualifying quarters worked
by a spouse of such alien during their marriage and the alien remains married to
such spouse or such spouse is deceased.
No such qualifying quarter of coverage that
is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien
under clause (i) or (ii) if the parent or spouse
(as the case may be) of such alien received
any Federal means-tested public benefit (as
provided under section 1613 of this title) during the period for which such qualifying
quarter of coverage is so credited.
(C) Provision of information to save system
The Attorney General shall ensure that
appropriate information regarding the application of this paragraph is provided to the
system for alien verification of eligibility
(SAVE) described in section 1137(d)(3) of the
Social Security Act [42 U.S.C. 1320b–7(d)(3)].
1 See

References in Text note below.

Page 174

(b) Reimbursement of government expenses
(1) Request for reimbursement
(A) Requirement
Upon notification that a sponsored alien
has received any means-tested public benefit, the appropriate nongovernmental entity
which provided such benefit or the appropriate entity of the Federal Government, a
State, or any political subdivision of a State
shall request reimbursement by the sponsor
in an amount which is equal to the unreimbursed costs of such benefit.
(B) Regulations
The Attorney General, in consultation
with the heads of other appropriate Federal
agencies, shall prescribe such regulations as
may be necessary to carry out subparagraph
(A).
(2) Actions to compel reimbursement
(A) In case of nonresponse
If within 45 days after a request for reimbursement under paragraph (1)(A), the appropriate entity has not received a response
from the sponsor indicating a willingness to
commence payment an action may be
brought against the sponsor pursuant to the
affidavit of support.
(B) In case of failure to pay
If the sponsor fails to abide by the repayment terms established by the appropriate
entity, the entity may bring an action
against the sponsor pursuant to the affidavit
of support.
(C) Limitation on actions
No cause of action may be brought under
this paragraph later than 10 years after the
date on which the sponsored alien last received any means-tested public benefit to
which the affidavit of support applies.
(3) Use of collection agencies
If the appropriate entity under paragraph
(1)(A) requests reimbursement from the sponsor or brings an action against the sponsor
pursuant to the affidavit of support, the appropriate entity may appoint or hire an individual or other person to act on behalf of such entity acting under the authority of law for purposes of collecting any amounts owed.
(c) Remedies
Remedies available to enforce an affidavit of
support under this section include any or all of
the remedies described in section 3201, 3203, 3204,
or 3205 of title 28, as well as an order for specific
performance and payment of legal fees and other
costs of collection, and include corresponding
remedies available under State law. A Federal
agency may seek to collect amounts owed under
this section in accordance with the provisions of
subchapter II of chapter 37 of title 31.
(d) Notification of change of address
(1) General requirement
The sponsor shall notify the Attorney General and the State in which the sponsored
alien is currently a resident within 30 days of
any change of address of the sponsor during

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TITLE 8—ALIENS AND NATIONALITY

the period in which an affidavit of support is
enforceable.
(2) Penalty
Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall, after notice and opportunity to be
heard, be subject to a civil penalty of—
(A) not less than $250 or more than $2,000,
or
(B) if such failure occurs with knowledge
that the sponsored alien has received any
means-tested public benefits (other than
benefits
described
in
section
1611(b),
1613(c)(2), or 1621(b) of this title) not less
than $2,000 or more than $5,000.
The Attorney General shall enforce this paragraph under appropriate regulations.
(e) Jurisdiction
An action to enforce an affidavit of support
executed under subsection (a) of this section
may be brought against the sponsor in any appropriate court—
(1) by a sponsored alien, with respect to financial support; or
(2) by the appropriate entity of the Federal
Government, a State or any political subdivision of a State, or by any other nongovernmental entity under subsection (b)(2) of this
section, with respect to reimbursement.
(f) ‘‘Sponsor’’ defined
(1) In general
For purposes of this section the term ‘‘sponsor’’ in relation to a sponsored alien means an
individual who executes an affidavit of support
with respect to the sponsored alien and who—
(A) is a citizen or national of the United
States or an alien who is lawfully admitted
to the United States for permanent residence;
(B) is at least 18 years of age;
(C) is domiciled in any of the several
States of the United States, the District of
Columbia, or any territory or possession of
the United States;
(D) is petitioning for the admission of the
alien under section 1154 of this title; and
(E) demonstrates (as provided in paragraph
(6)) the means to maintain an annual income
equal to at least 125 percent of the Federal
poverty line.
(2) Income requirement case
Such term also includes an individual who
does not meet the requirement of paragraph
(1)(E) but accepts joint and several liability
together with an individual under paragraph
(5)(A).
(3) Active duty armed services case
Such term also includes an individual who
does not meet the requirement of paragraph
(1)(E) but is on active duty (other than active
duty for training) in the Armed Forces of the
United States, is petitioning for the admission
of the alien under section 1154 of this title as
the spouse or child of the individual, and demonstrates (as provided in paragraph (6)) the
means to maintain an annual income equal to
at least 100 percent of the Federal poverty
line.

§ 1183a

(4) Certain employment-based immigrants case
Such term also includes an individual—
(A) who does not meet the requirement of
paragraph (1)(D), but is the relative of the
sponsored alien who filed a classification petition for the sponsored alien as an employment-based immigrant under section 1153(b)
of this title or who has a significant ownership interest in the entity that filed such a
petition; and
(B)(i) who demonstrates (as provided under
paragraph (6)) the means to maintain an annual income equal to at least 125 percent of
the Federal poverty line, or
(ii) does not meet the requirement of paragraph (1)(E) but accepts joint and several liability together with an individual under
paragraph (5)(A).
(5) Non-petitioning cases
Such term also includes an individual who
does not meet the requirement of paragraph
(1)(D) but who—
(A) accepts joint and several liability with
a petitioning sponsor under paragraph (2) or
relative of an employment-based immigrant
under paragraph (4) and who demonstrates
(as provided under paragraph (6)) the means
to maintain an annual income equal to at
least 125 percent of the Federal poverty line;
or
(B) is a spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years
of age), son, daughter, son-in-law, daughterin-law, sister-in-law, brother-in-law, grandparent, or grandchild of a sponsored alien or
a legal guardian of a sponsored alien, meets
the requirements of paragraph (1) (other
than subparagraph (D)), and executes an affidavit of support with respect to such alien in
a case in which—
(i) the individual petitioning under section 1154 of this title for the classification
of such alien died after the approval of
such petition, and the Secretary of Homeland Security has determined for humanitarian reasons that revocation of such petition under section 1155 of this title would
be inappropriate; or
(ii) the alien’s petition is being adjudicated pursuant to section 1154(l) of this
title (surviving relative consideration).
(6) Demonstration of means to maintain income
(A) In general
(i) Method of demonstration
For purposes of this section, a demonstration of the means to maintain income shall include provision of a certified
copy of the individual’s Federal income
tax return for the individual’s 3 most recent taxable years and a written statement, executed under oath or as permitted
under penalty of perjury under section 1746
of title 28, that the copies are certified
copies of such returns.
(ii) Flexibility
For purposes of this section, aliens may
demonstrate the means to maintain in-

§ 1183a

TITLE 8—ALIENS AND NATIONALITY

come through demonstration of significant
assets of the sponsored alien or of the
sponsor, if such assets are available for the
support of the sponsored alien.
(iii) Percent of poverty
For purposes of this section, a reference
to an annual income equal to at least a
particular percentage of the Federal poverty line means an annual income equal to
at least such percentage of the Federal
poverty line for a family unit of a size
equal to the number of members of the
sponsor’s household (including family and
non-family dependents) plus the total
number of other dependents and aliens
sponsored by that sponsor.
(B) Limitation
The Secretary of State, or the Attorney
General in the case of adjustment of status,
may provide that the demonstration under
subparagraph (A) applies only to the most
recent taxable year.
(h) 2 ‘‘Federal poverty line’’ defined
For purposes of this section, the term ‘‘Federal poverty line’’ means the level of income
equal to the official poverty line (as defined by
the Director of the Office of Management and
Budget, as revised annually by the Secretary of
Health and Human Services, in accordance with
section 9902(2) of title 42) that is applicable to a
family of the size involved.
(i) Sponsor’s social security account number required to be provided
(1) An affidavit of support shall include the social security account number of each sponsor.
(2) The Attorney General shall develop an
automated system to maintain the social security account number data provided under paragraph (1).
(3) The Attorney General shall submit an annual report to the Committees on the Judiciary
of the House of Representatives and the Senate
setting forth—
(A) for the most recent fiscal year for which
data are available the number of sponsors
under this section and the number of sponsors
in compliance with the financial obligations of
this section; and
(B) a comparison of such numbers with the
numbers of such sponsors for the preceding fiscal year.
(June 27, 1952, ch. 477, title II, ch. 2, § 213A, as
added Pub. L. 104–193, title IV, § 423(a), Aug. 22,
1996, 110 Stat. 2271; amended Pub. L. 104–208, div.
C, title V, § 551(a), Sept. 30, 1996, 110 Stat.
3009–675; Pub. L. 107–150, § 2(a)(1), (3), Mar. 13,
2002, 116 Stat. 74, 75; Pub. L. 111–83, title V,
§ 568(e), Oct. 28, 2009, 123 Stat. 2187.)
REFERENCES IN TEXT
Subsection (e) of this section, referred to in subsec.
(a)(1)(B), does not define ‘‘means-tested public benefit’’.
The Social Security Act, referred to in subsec.
(a)(3)(A), (B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620,
as amended. Title II of the Act is classified generally to
subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The
2 So

in original. Section enacted without a subsec. (g).

Page 176

Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and
Tables.
AMENDMENTS
2009—Subsec. (f)(5)(B)(i), (ii). Pub. L. 111–83, added cls.
(i) and (ii) and struck out former cls. (i) and (ii), which
read as follows:
‘‘(i) the individual petitioning under section 1154 of
this title for the classification of such alien died after
the approval of such petition; and
‘‘(ii) the Attorney General has determined for humanitarian reasons that revocation of such petition under
section 1155 of this title would be inappropriate.’’
2002—Subsec. (f)(2), (4)(B)(ii). Pub. L. 107–150, § 2(a)(3),
substituted ‘‘paragraph (5)(A)’’ for ‘‘paragraph (5)’’.
Subsec. (f)(5). Pub. L. 107–150, § 2(a)(1), amended heading and text of par. (5) generally. Prior to amendment,
text read as follows: ‘‘Such term also includes an individual who does not meet the requirement of paragraph
(1)(D) but who accepts joint and several liability with
a petitioning sponsor under paragraph (2) or relative of
an employment-based immigrant under paragraph (4)
and who demonstrates (as provided under paragraph (6))
the means to maintain an annual income equal to at
least 125 percent of the Federal poverty line.’’
1996—Pub. L. 104–208 amended section generally, substituting subsecs. (a) to (i) for former subsecs. (a) to (f)
relating to requirements for sponsor’s affidavits of support.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–150 applicable with respect to deaths occurring before, on, or after Mar. 13,
2002, except that, in case of death occurring before such
date, such amendments shall apply only if (1) the sponsored alien requests Attorney General to reinstate the
classification petition that was filed with respect to
the alien by deceased and approved under section 1154
of this title before such death and demonstrates that he
or she is able to satisfy requirement of section
1182(a)(4)(C)(ii) of this title by reason of such amendments; and (2) Attorney General reinstates such petition after making the determination described in subsec. (f)(5)(B)(ii) of this section, see section 2(b) of Pub.
L. 107–150, set out as a note under section 1182 of this
title.
EFFECTIVE DATE OF 1996 AMENDMENTS; PROMULGATION
OF FORM
Section 551(c) of div. C of Pub. L. 104–208 provided
that:
‘‘(1) IN GENERAL.—The amendments made by this section [enacting this section, amending sections 1631 and
1632 of this title, and repealing provisions set out as a
note under this section] shall apply to affidavits of support executed on or after a date specified by the Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attorney General formulates the form for such affidavits
under paragraph (2).
‘‘(2) PROMULGATION OF FORM.—Not later than 90 days
after the date of the enactment of this Act [Sept. 30,
1996], the Attorney General, in consultation with the
heads of other appropriate agencies, shall promulgate a
standard form for an affidavit of support consistent
with the provisions of section 213A of the Immigration
and Nationality Act [this section], as amended by subsection (a).’’
Section 423(c) of Pub. L. 104–193 provided that subsec.
(a) of this section was applicable to affidavits of support executed on or after a date specified by Attorney
General, which date was to be not earlier than 60 days
(and not later than 90 days) after date Attorney General formulated form for such affidavits under subsec.
(b) of this section, prior to repeal by Pub. L. 104–208,
div. C, title V, § 551(b)(2), Sept. 30, 1996, 104 Stat.
3009–679.

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TITLE 8—ALIENS AND NATIONALITY

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.
FEES RELATING TO AFFIDAVITS OF SUPPORT
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II,
§ 232], Nov. 29, 1999, 113 Stat. 1536, 1501A–425, as amended
by Pub. L. 107–228, div. A, title II, § 211(b), Sept. 30, 2002,
116 Stat. 1365, provided that:
‘‘(a) AUTHORITY TO CHARGE FEE.—The Secretary of
State may charge and retain a fee or surcharge for
services provided by the Department of State to any
sponsor who provides an affidavit of support under section 213A of the Immigration and Nationality Act (8
U.S.C. 1183a) to ensure that such affidavit is properly
completed before it is forwarded to a consular post for
adjudication by a consular officer in connection with
the adjudication of an immigrant visa. Such fee or surcharge shall be in addition to and separate from any fee
imposed for immigrant visa application processing and
issuance, and shall recover only the costs of such services not recovered by such fee.
‘‘(b) LIMITATION.—Any fee established under subsection (a) shall be charged only once to a sponsor or
joint sponsors who file essentially duplicative affidavits of support in connection with separate immigrant
visa applications from the spouse and children of any
petitioner required by the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] to petition separately for
such persons.
‘‘(c) TREATMENT OF FEES.—Fees collected under the
authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of providing consular services. Such fees shall remain available for obligation
until expended.’’
PILOT PROGRAMS TO REQUIRE BONDING
Section 564 of div. C of Pub. L. 104–208 provided that:
‘‘(a) IN GENERAL.—
‘‘(1) The Attorney General of the United States
shall establish a pilot program in 5 district offices of
the Immigration and Naturalization Service to require aliens to post a bond in addition to the affidavit
requirements under section 213A of the Immigration
and Nationality Act [8 U.S.C. 1183a] and the deeming
requirements under section 421 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1631). Any pilot program established pursuant to this subsection shall require an
alien to post a bond in an amount sufficient to cover
the cost of benefits described in section 213A(d)(2)(B)
of the Immigration and Nationality Act (as amended
by section 551(a) of this division) for the alien and the
alien’s dependents and shall remain in effect until
the departure, naturalization, or death of the alien.
‘‘(2) Suit on any such bonds may be brought under
the terms and conditions set forth in section 213A of
the Immigration and Nationality Act [8 U.S.C. 1183a].
‘‘(b) REGULATIONS.—Not later than 180 days after the
date of the enactment of this Act [Sept. 30, 1996], the
Attorney General shall issue regulations for establishing the pilot programs, including—
‘‘(1) criteria and procedures for—
‘‘(A) certifying bonding companies for participation in the program, and
‘‘(B) debarment of any such company that fails to
pay a bond, and
‘‘(2) criteria for setting the amount of the bond to
assure that the bond is in an amount that is not less
than the cost of providing benefits under the programs described in subsection (a)(1) for the alien and
the alien’s dependents for 6 months.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be necessary to carry out this section.

§ 1184

‘‘(d) ANNUAL REPORTING REQUIREMENT.—Beginning 9
months after the date of implementation of the pilot
program, the Attorney General shall submit annually
to the Committees on the Judiciary of the House of
Representatives and the Senate a report on the effectiveness of the program. The Attorney General shall
submit a final evaluation of the program not later than
1 year after termination.
‘‘(e) SUNSET.—The pilot program under this section
shall terminate after 3 years of operation.
‘‘(f) BONDS IN ADDITION TO SPONSORSHIP AND DEEMING
REQUIREMENTS.—[Amended section 1183 of this title.]’’
BENEFITS NOT SUBJECT TO REIMBURSEMENT
Section 423(d) of Pub. L. 104–193, as amended by Pub.
L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(3)(B),
(f)(3)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419,
2681–430; Pub. L. 106–78, title VII, § 752(b)(6), Oct. 22, 1999,
113 Stat. 1169, provided that: ‘‘Requirements for reimbursement by a sponsor for benefits provided to a sponsored alien pursuant to an affidavit of support under
section 213A of the Immigration 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., 42 U.S.C. 2751 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 [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

§ 1184

TITLE 8—ALIENS AND NATIONALITY

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

Page 178

(c) Petition of importing employer
(1) The question of importing any alien as a
nonimmigrant under subparagraph (H), (L), (O),
or (P)(i) of section 1101(a)(15) of this title (excluding
nonimmigrants
under
section
1101(a)(15)(H)(i)(b1) of this title) in any specific
case or specific cases shall be determined by the
Attorney General, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition,
shall be made and approved before the visa is
granted. The petition shall be in such form and
contain such information as the Attorney General shall prescribe. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant. For
purposes of this subsection with respect to
nonimmigrants
described
in
section
1101(a)(15)(H)(ii)(a) of this title, the term ‘‘appropriate agencies of Government’’ means the
Department of Labor and includes the Department of Agriculture. The provisions of section
1188 of this title shall apply to the question of
importing any alien as a nonimmigrant under
section 1101(a)(15)(H)(ii)(a) of this title.
(2)(A) The Attorney General shall provide for
a procedure under which an importing employer
which meets requirements established by the
Attorney General may file a blanket petition to
import aliens as nonimmigrants described in
section 1101(a)(15)(L) of this title instead of filing individual petitions under paragraph (1) to
import such aliens. Such procedure shall permit
the expedited processing of visas for admission
of aliens covered under such a petition.
(B) For purposes of section 1101(a)(15)(L) of
this title, an alien is considered to be serving in
a capacity involving specialized knowledge with
respect to a company if the alien has a special
knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.
(C) The Attorney General shall provide a process for reviewing and acting upon petitions
under this subsection with respect to nonimmigrants described in section 1101(a)(15)(L) of this
title within 30 days after the date a completed
petition has been filed.
(D) The period of authorized admission for—
(i) a nonimmigrant admitted to render services in a managerial or executive capacity
under section 1101(a)(15)(L) of this title shall
not exceed 7 years, or
(ii) a nonimmigrant admitted to render services in a capacity that involves specialized
knowledge under section 1101(a)(15)(L) of this
title shall not exceed 5 years.
(E) In the case of an alien spouse admitted
under section 1101(a)(15)(L) of this title, who is
accompanying or following to join a principal
alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in employment in the United States and
provide the spouse with an ‘‘employment authorized’’ endorsement or other appropriate
work permit.
(F) An alien who will serve in a capacity involving specialized knowledge with respect to an
employer for purposes of section 1101(a)(15)(L) of

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TITLE 8—ALIENS AND NATIONALITY

this title and will be stationed primarily at the
worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent shall not be eligible for classification under
section 1101(a)(15)(L) of this title if—
(i) the alien will be controlled and supervised principally by such unaffiliated employer; or
(ii) the placement of the alien at the worksite of the unaffiliated employer is essentially
an arrangement to provide labor for hire for
the unaffiliated employer, rather than a placement in connection with the provision of a
product or service for which specialized knowledge specific to the petitioning employer is
necessary.
(3) The Attorney General shall approve a petition—
(A) with respect to a nonimmigrant described in section 1101(a)(15)(O)(i) of this title
only after consultation in accordance with
paragraph (6) or, with respect to aliens seeking entry for a motion picture or television
production, after consultation with the appropriate union representing the 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—

§ 1184

(aa) the foreign league or association is
the highest level of amateur performance of
that sport in the relevant foreign country;
(bb) participation in such league or association renders players ineligible, whether
on a temporary or permanent basis, to earn
a scholarship in, or participate in, that sport
at a college or university in the United
States under the rules of the National Collegiate Athletic Association; and
(cc) a significant number of the individuals
who play in such league or association are
drafted by a major sports league or a minor
league affiliate of such a sports league; or
(IV) is a professional athlete or amateur athlete who performs individually or as part of a
group in a theatrical ice skating production;
and
(ii) seeks to enter the United States temporarily and solely for the purpose of performing—
(I) as such an athlete with respect to a specific athletic competition; or
(II) in the case of an individual described
in clause (i)(IV), in a specific theatrical ice
skating production or tour.
(B)(i)
For
purposes
of
section
1101(a)(15)(P)(i)(b) of this title, an alien is described in this subparagraph if the alien—
(I) performs with or is an integral and essential part of the performance of an entertainment group that has (except as provided in
clause (ii)) been recognized internationally as
being outstanding in the discipline for a sustained and substantial period of time,
(II) in the case of a performer or entertainer,
except as provided in clause (iii), has had a
sustained and substantial relationship with
that group (ordinarily for at least one year)
and provides functions integral to the performance of the group, and
(III) seeks to enter the United States temporarily and solely for the purpose of performing
as such a performer or entertainer or as an integral and essential part of a performance.
(ii) In the case of an entertainment group that
is recognized nationally as being outstanding in
its discipline for a sustained and substantial period of time, the Attorney General may, in consideration of special circumstances, waive the
international recognition requirement of clause
(i)(I).
(iii)(I) The one-year relationship requirement
of clause (i)(II) shall not apply to 25 percent of
the performers and entertainers in a group.
(II) The Attorney General may waive such
one-year relationship requirement for an alien
who because of illness or unanticipated and exigent circumstances replaces an essential member of the group and for an alien who augments
the group by performing a critical role.
(iv) The requirements of subclauses (I) and (II)
of clause (i) shall not apply to alien circus personnel who perform as part of a circus or circus
group or who constitute an integral and essential part of the performance of such circus or
circus group, but only if such personnel are entering the United States to join a circus that
has been recognized nationally as outstanding
for a sustained and substantial period of time or
as part of such a circus.

§ 1184

TITLE 8—ALIENS AND NATIONALITY

(C) A person may petition the Attorney General for classification of an alien as a nonimmigrant under section 1101(a)(15)(P) of this
title.
(D) The Attorney General shall approve petitions under this subsection with respect to nonimmigrants described in clause (i) or (iii) of section 1101(a)(15)(P) of this title only after consultation in accordance with paragraph (6).
(E) The Attorney General shall approve petitions under this subsection for nonimmigrants
described in section 1101(a)(15)(P)(ii) of this title
only after consultation with labor organizations
representing artists and entertainers in the
United States.
(F)(i) No nonimmigrant visa under section
1101(a)(15)(P)(i)(a) of this title shall be issued to
any alien who is a national of a country that is
a state sponsor of international terrorism unless
the Secretary of State determines, in consultation with the Secretary of Homeland Security
and the heads of other appropriate United States
agencies, that such alien does not pose a threat
to the safety, national security, or national interest of the United States. In making a determination under this subparagraph, the Secretary of State shall apply standards developed
by the Secretary of State, in consultation with
the Secretary of Homeland Security and the
heads of other appropriate United States agencies, that are applicable to the nationals of such
states.
(ii) In this subparagraph, the term ‘‘state
sponsor of international terrorism’’ means any
country the government of which has been determined by the Secretary of State under any of
the laws specified in clause (iii) to have repeatedly provided support for acts of international
terrorism.
(iii) The laws specified in this clause are the
following:
(I) Section 2405(j)(1)(A) of title 50, Appendix
(or successor statute).
(II) Section 2780(d) of title 22.
(III) Section 2371(a) of title 22.
(G) The Secretary of Homeland Security shall
permit a petition under this subsection to seek
classification of more than 1 alien as a nonimmigrant under section 1101(a)(15)(P)(i)(a) of
this title.
(H) The Secretary of Homeland Security shall
permit an athlete, or the employer of an athlete,
to seek admission to the United States for such
athlete under a provision of this 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

Page 180

are jointly and severally liable for the reasonable cost of return transportation of the alien
abroad. The petitioner shall provide assurance
satisfactory to the Attorney General that the
reasonable cost of that transportation will be
provided.
(6)(A)(i) To meet the consultation requirement
of paragraph (3)(A) in the case of a petition for
a
nonimmigrant
described
in
section
1101(a)(15)(O)(i) of this title (other than with respect to aliens seeking entry for a motion picture or television production), the petitioner
shall submit with the petition an advisory opinion from a peer group (or other person or persons of its choosing, which may include a labor
organization) with expertise in the specific field
involved.
(ii) To meet the consultation requirement of
paragraph (3)(B) in the case of a petition for a
nonimmigrant
described
in
section
1101(a)(15)(O)(ii) of this title (other than with respect to aliens seeking entry for a motion picture or television production), the petitioner
shall submit with the petition an advisory opinion from a labor organization with expertise in
the skill area involved.
(iii) To meet the consultation requirement of
paragraph (4)(D) in the case of a petition for a
nonimmigrant
described
in
section
1101(a)(15)(P)(i) or 1101(a)(15)(P)(iii) of this title,
the petitioner shall submit with the petition an
advisory opinion from a labor organization with
expertise in the specific field of athletics or entertainment involved.
(B) To meet the consultation requirements of
subparagraph (A), unless the petitioner submits
with the petition an advisory opinion from an
appropriate labor organization, the Attorney
General shall forward a copy of the petition and
all supporting documentation to the national office of an appropriate labor organization within
5 days of the date of receipt of the petition. If
there is a collective bargaining representative of
an employer’s employees in the occupational
classification for which the alien is being
sought, that representative shall be the appropriate labor organization.
(C) In those cases in which a petitioner described in subparagraph (A) establishes that an
appropriate peer group (including a labor organization) does not exist, the Attorney General
shall adjudicate the petition without requiring
an advisory opinion.
(D) Any person or organization receiving a
copy of a petition described in subparagraph (A)
and supporting documents shall have no more
than 15 days following the date of receipt of
such documents within which to submit a written advisory opinion or comment or to provide
a letter of no objection. Once the 15-day period
has expired and the petitioner has had an opportunity, where appropriate, to supply rebuttal
evidence, the Attorney General shall adjudicate
such petition in no more than 14 days. The Attorney General may shorten any specified time
period for emergency reasons if no unreasonable
burden would be thus imposed on any participant in the process.
(E)(i) The Attorney General shall establish by
regulation expedited consultation procedures in
the case of nonimmigrant artists or entertainers

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TITLE 8—ALIENS AND NATIONALITY

described
in
section
1101(a)(15)(O)
or
1101(a)(15)(P) of this title to accommodate the
exigencies and scheduling of a given production
or event.
(ii) The Attorney General shall establish by
regulation expedited consultation procedures in
the case of nonimmigrant athletes described in
section 1101(a)(15)(O)(i) or 1101(a)(15)(P)(i) of this
title in the case of emergency circumstances
(including trades during a season).
(F) No consultation required under this subsection by the Attorney General with a nongovernmental entity shall be construed as permitting the Attorney General to delegate any
authority under this subsection to such an entity. The Attorney General shall give such
weight to advisory opinions provided under this
section as the Attorney General determines, in
his sole discretion, to be appropriate.
(7) If a petition is filed and denied under this
subsection, the Attorney General shall notify
the petitioner of the determination and the reasons for the denial and of the process by which
the petitioner may appeal the determination.
(8) The Attorney General shall submit annually to the Committees on the Judiciary of the
House of Representatives and of the Senate a report describing, with respect to petitions under
each subcategory of subparagraphs (H), (O), (P),
and (Q) of section 1101(a)(15) of this title the following:
(A) The number of such petitions which have
been filed.
(B) The number of such petitions which have
been approved and the number of workers (by
occupation) included in such approved petitions.
(C) The number of such petitions which have
been denied and the number of workers (by occupation) requested in such denied petitions.
(D) The number of such petitions which have
been withdrawn.
(E) The number of such petitions which are
awaiting final action.
(9)(A) The Attorney General shall impose a fee
on an employer (excluding any employer that is
a primary or secondary education institution,
an institution of higher education, as defined in
section 1001(a) of title 20, a nonprofit entity related to or affiliated with any such institution,
a nonprofit entity which engages in established
curriculum-related clinical training of students
registered at any such institution, a nonprofit
research organization, or a governmental research organization) filing before 1 a petition
under paragraph (1)—
(i) initially to grant an alien nonimmigrant
status described in section 1101(a)(15)(H)(i)(b)
of this title;
(ii) to extend the stay of an alien having
such status (unless the employer previously
has obtained an extension for such alien); or
(iii) to obtain authorization for an alien having such status to change employers.
(B) The amount of the fee shall be $1,500 for
each such petition except that the fee shall be
half the amount for each such petition by any
employer with not more than 25 full-time equiv1 So

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

§ 1184

alent 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
State, as appropriate, shall impose a fee on an
employer who has filed an attestation described
in section 1182(t) of this title—
(i) in order that an alien may be initially
granted nonimmigrant status described in section 1101(a)(15)(H)(i)(b1) of this title; or
(ii) in order to satisfy the requirement of the
second sentence of subsection (g)(8)(C) of this
section for an alien having such status to obtain certain extensions of stay.
(B) The amount of the fee shall be the same as
the amount imposed by the Secretary of Homeland Security under paragraph (9), except that if
such paragraph does not authorize such Secretary to impose any fee, no fee shall be imposed
under this paragraph.
(C) Fees collected under this paragraph shall
be deposited in the Treasury in accordance with
section 1356(s) of this title.
(12)(A) In addition to any other fees authorized
by law, the Secretary of Homeland Security
shall impose a fraud prevention and detection
fee on an employer filing a petition under paragraph (1)—
(i) initially to grant an alien nonimmigrant
status described in subparagraph (H)(i)(b) or
(L) of section 1101(a)(15) of this title; or
(ii) to obtain authorization for an alien having such status to change employers.
(B) In addition to any other fees authorized by
law, the Secretary of State shall impose a fraud
prevention and detection fee on an alien filing
an application abroad for a visa authorizing admission to the United States as a nonimmigrant
described in section 1101(a)(15)(L) of this title, if
the alien is covered under a blanket petition described in paragraph (2)(A).
(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $500.
(D) The fee imposed under subparagraph (A) or
(B) shall only apply to principal aliens and not
to the spouses or children who are accompanying or following to join such principal aliens.
(E) Fees collected under this paragraph shall
be deposited in the Treasury in accordance with
section 1356(v) of this title.
(13)(A) In addition to any other fees authorized
by law, the Secretary of Homeland Security
shall impose a fraud prevention and detection
fee on an employer filing a petition under paragraph (1) for nonimmigrant workers described in
section 1101(a)(15)(H)(ii)(b) of this title.
(B) The amount of the fee imposed under subparagraph (A) shall be $150.

§ 1184

TITLE 8—ALIENS AND NATIONALITY

(14)(A) If the Secretary of Homeland Security
finds, after notice and an opportunity for a hearing, a substantial failure to meet any of the conditions of the petition to admit or otherwise
provide status to a nonimmigrant worker under
section 1101(a)(15)(H)(ii)(b) of this title or a willful misrepresentation of a material fact in such
petition—
(i) the Secretary of Homeland Security may,
in addition to any other remedy authorized by
law, impose such administrative remedies (including civil monetary penalties in an amount
not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be
appropriate; and
(ii) the Secretary of Homeland Security may
deny petitions filed with respect to that employer under section 1154 of this title or paragraph (1) of this subsection during a period of
at least 1 year but not more than 5 years for
aliens to be employed by the employer.
(B) The Secretary of Homeland Security may
delegate to the Secretary of Labor, with the
agreement of the Secretary of Labor, any of the
authority given to the Secretary of Homeland
Security under subparagraph (A)(i).
(C) In determining the level of penalties to be
assessed under subparagraph (A), the highest
penalties shall be reserved for willful failures to
meet any of the conditions of the petition that
involve harm to United States workers.
(D) In this paragraph, the term ‘‘substantial
failure’’ means the willful failure to comply
with the requirements of this section that constitutes a significant deviation from the terms
and conditions of a petition.
(d) Issuance of visa to 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. 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), a
consular officer may not approve a petition
under paragraph (1) unless the officer has verified that—
(i) the petitioner has not, previous to the
pending petition, petitioned under paragraph

Page 182

(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 circumstances and subject to subparagraph (C),
such a waiver shall not be granted if the petitioner has a record of violent criminal offenses
against a person or persons.
(C)(i) The Secretary of Homeland Security is
not limited by the criminal court record and
shall grant a waiver of the condition described
in the second sentence of subparagraph (B) in
the case of a petitioner described in clause (ii).
(ii) A petitioner described in this clause is a
petitioner who has been battered or subjected to
extreme cruelty and who is or was not the primary perpetrator of violence in the relationship
upon a determination that—
(I) the petitioner was acting in self-defense;
(II) the petitioner was found to have violated
a protection order intended to protect the petitioner; or
(III) the petitioner committed, was arrested
for, was convicted of, or pled guilty to committing a crime that did not result in serious
bodily injury and where there was a connection between the crime and the 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, and stalking.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt
to commit any of the crimes described in
this clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
(e) Nonimmigrant professionals and annual numerical limit
(1) Notwithstanding any other provision of
this chapter, an alien who is a citizen of Canada
2 See

References in Text note below.

Page 183

TITLE 8—ALIENS AND NATIONALITY

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

§ 1184

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

§ 1184

TITLE 8—ALIENS AND NATIONALITY

(A) under section 1101(a)(15)(H)(i)(b) of this
title, may not exceed—
(i) 65,000 in each fiscal year before fiscal
year 1999;
(ii) 115,000 in fiscal year 1999;
(iii) 115,000 in fiscal year 2000;
(iv) 195,000 in fiscal year 2001;
(v) 195,000 in fiscal year 2002;
(vi) 195,000 in fiscal year 2003; and
(vii) 65,000 in each succeeding fiscal year;
or
(B) under section 1101(a)(15)(H)(ii)(b) of this
title may not exceed 66,000.
(2) The numerical limitations of paragraph (1)
shall only apply to principal aliens and not to
the spouses or children of such aliens.
(3) Aliens who are subject to the numerical
limitations of paragraph (1) shall be issued visas
(or otherwise provided nonimmigrant status) in
the order in which petitions are filed for such
visas or status. If an alien who was issued a visa
or otherwise provided nonimmigrant status and
counted against the numerical limitations of
paragraph (1) is found to have been issued such
visa or otherwise provided such status by fraud
or willfully misrepresenting a material fact and
such visa or nonimmigrant status is revoked,
then one number shall be restored to the total
number of aliens who may be issued visas or
otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal
year in which the petition is revoked, regardless
of the fiscal year in which the petition was approved.
(4) In the case of a nonimmigrant described in
section 1101(a)(15)(H)(i)(b) of this title, the period of authorized admission as such a nonimmigrant may not exceed 6 years.
(5) The numerical limitations contained in
paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 1101(a)(15)(H)(i)(b) of
this title who—
(A) is employed (or has received an offer of
employment) at an institution of higher education (as defined in section 1001(a) of title 20),
or a related or affiliated nonprofit entity;
(B) is employed (or has received an offer of
employment) at a nonprofit research organization or a governmental research organization;
or
(C) has earned a 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) of this section,
toward the numerical limitations of paragraph

Page 184

(1)(A) shall not again be counted toward those
limitations unless the alien would be eligible for
a full 6 years of authorized admission at the
time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be
counted only once.
(8)(A) The agreements referred to in section
1101(a)(15)(H)(i)(b1) of this title are—
(i) the United States-Chile Free Trade
Agreement; and
(ii) the United States-Singapore Free Trade
Agreement.
(B)(i) The Secretary of Homeland Security
shall establish annual numerical limitations on
approvals of initial applications by aliens for admission under section 1101(a)(15)(H)(i)(b1) of this
title.
(ii) The annual numerical limitations described in clause (i) shall not exceed—
(I) 1,400 for nationals of Chile (as defined in
article 14.9 of the United States-Chile Free
Trade Agreement) for any fiscal year; and
(II) 5,400 for nationals of Singapore (as defined in Annex 1A of the United States-Singapore Free Trade Agreement) for any fiscal
year.
(iii) The annual numerical limitations described in clause (i) shall only apply to principal
aliens and not to the spouses or children of such
aliens.
(iv) The annual numerical limitation described in paragraph (1)(A) is reduced by the
amount of the annual numerical limitations established under clause (i). However, if a numerical limitation established under clause (i) has
not been exhausted at the end of a given fiscal
year, the Secretary of Homeland Security shall
adjust upwards the numerical limitation in
paragraph (1)(A) for that fiscal year by the
amount remaining in the numerical limitation
under
clause
(i).
Visas
under
section
1101(a)(15)(H)(i)(b) of this title may be issued
pursuant to such adjustment within the first 45
days of the next fiscal year to aliens who had applied for such visas during the fiscal year for
which the adjustment was made.
(C) The period of authorized admission as a
nonimmigrant under section 1101(a)(15)(H)(i)(b1)
of this title shall be 1 year, and may be extended, but only in 1-year increments. After
every second extension, the next following extension shall not be granted unless the Secretary of Labor had determined and certified to
the Secretary of Homeland Security and the
Secretary of State that the intending employer
has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this title for the
purpose of permitting the nonimmigrant to obtain such extension.
(D) The numerical limitation described in
paragraph (1)(A) for a fiscal year shall be reduced by one for each alien granted an extension
under subparagraph (C) during such year who
has obtained 5 or more consecutive prior extensions.
(9)(A) Subject to subparagraphs (B) and (C), an
alien who has already been counted toward the
numerical limitation of paragraph (1)(B) during
fiscal year 2004, 2005, or 2006 shall not again be
counted toward such limitation during fiscal

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TITLE 8—ALIENS AND NATIONALITY

year 2007. Such an alien shall be considered a returning worker.
(B) A petition to admit or otherwise provide
status under section 1101(a)(15)(H)(ii)(b) of this
title shall include, with respect to a returning
worker—
(i) all information and evidence that the
Secretary of Homeland Security determines is
required to support a petition for status under
section 1101(a)(15)(H)(ii)(b) of this title;
(ii) the full name of the alien; and
(iii) a certification to the Department of
Homeland Security that the alien is a returning worker.
(C) An 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 equiva-

§ 1184

lent) as a minimum for entry into the occupation in the United States.
(2) For purposes of section 1101(a)(15)(H)(i)(b)
of this title, the requirements of this paragraph,
with respect to a specialty occupation, are—
(A) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation,
(B) completion of the degree described in
paragraph (1)(B) for the occupation, or
(C)(i) experience in the specialty equivalent
to the completion of such degree, and (ii) recognition of expertise in the specialty through
progressively responsible positions relating to
the specialty.
(3) For purposes of section 1101(a)(15)(H)(i)(b1)
of this title, the term ‘‘specialty occupation’’
means an occupation that requires—
(A) theoretical and practical application of a
body of specialized knowledge; and
(B) attainment of a 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) of this section, and the
spouse and children of such an alien if accompanying or following to join the alien, may be
denied admission as a nonimmigrant under subparagraph (E), (L), or (H)(i)(b1) of section
1101(a)(15) of this title if there is in progress a
labor dispute in the occupational classification
at the place or intended place of employment,
unless such alien establishes, pursuant to regulations promulgated by the Secretary of Homeland Security after consultation with the Secretary of Labor, that the 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.

§ 1184

TITLE 8—ALIENS AND NATIONALITY

(k) Numerical limitations; period of admission;
conditions for admission and stay; annual report
(1) The number of aliens who may be provided
a visa as nonimmigrants under section
1101(a)(15)(S)(i) of this title in any fiscal year
may not exceed 200. The number of aliens who
may be provided a visa as nonimmigrants under
section 1101(a)(15)(S)(ii) of this title in any fiscal
year may not exceed 50.
(2) The period of admission of an alien as such
a nonimmigrant may not exceed 3 years. Such
period may not be extended by the Attorney
General.
(3) As a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant—
(A) shall report not less often than quarterly
to the Attorney General such information concerning the alien’s whereabouts and activities
as the Attorney General may require;
(B) may not be convicted of any criminal offense punishable by a term of imprisonment of
1 year or more after the date of such admission;
(C) must have executed a form that waives
the nonimmigrant’s right to contest, other
than on the basis of an application for withholding of removal, any action for removal of
the alien instituted before the alien obtains
lawful permanent resident status; and
(D) shall abide by any other condition, limitation, or restriction imposed by the Attorney
General.
(4) The Attorney General shall submit a report
annually to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the Senate concerning—
(A) the number of such nonimmigrants admitted;
(B) the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens;
(C) the number of terrorist acts prevented or
frustrated resulting from cooperation of such
aliens;
(D) the number of such nonimmigrants
whose admission or cooperation has not resulted in successful criminal prosecution or
investigation or the prevention or frustration
of a terrorist act; and
(E) the number of such nonimmigrants who
have failed to report quarterly (as required
under paragraph (3)) or who have been convicted of crimes in the United States after the
date of their admission as such a nonimmigrant.
(l) Restrictions on waiver
(1) In the case of a request by an interested
State agency, or by an interested Federal agency, for a waiver of the 2-year foreign residence
requirement under section 1182(e) of this title on
behalf of an alien described in clause (iii) of such
section, the Attorney General shall not grant
such waiver unless—
(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign
country, the government of such country furnishes the Director of the United States Information Agency with a statement in writing
that it has no objection to such waiver;

Page 186

(B) in the case of a request by an interested
State agency, the grant of such waiver would
not cause the number of waivers allotted for
that State for that fiscal year to exceed 30;
(C) in the case of a request by an interested
Federal agency or by an interested State agency—
(i) the alien demonstrates a bona fide offer
of full-time employment at a health facility
or health care organization, which employment has been determined by the Attorney
General to be in the public interest; and
(ii) the alien agrees to begin employment
with the health facility or health care organization within 90 days of receiving such
waiver, and agrees to continue to work for a
total of not less than 3 years (unless the Attorney General determines that extenuating
circumstances exist, such as closure of the
facility or hardship to the alien, which
would justify a lesser period of employment
at such health facility or health care organization, in which case the alien must demonstrate another bona fide offer of employment at a health facility or health care organization for the remainder of such 3-year
period); and
(D) in the case of a request by an interested
Federal agency (other than a request by an interested Federal agency to employ the alien
full-time in medical research or training) or
by an interested State agency, the alien
agrees to practice primary care or specialty
medicine in accordance with paragraph (2) for
a total of not less than 3 years only in the geographic area or areas which are designated by
the Secretary of Health and Human Services
as having a shortage of health care professionals, except that—
(i) in the case of a request by the Department of Veterans Affairs, the alien shall not
be required to practice medicine in a geographic area designated by the Secretary;
(ii) in the case of a request by an interested State agency, the head of such State
agency determines that the alien is to practice medicine under such agreement in a facility that serves patients who reside in one
or more geographic areas so designated by
the Secretary of Health and Human Services
(without regard to whether such facility is
located within such a designated geographic
area), and the grant of such waiver would
not cause the number of the waivers granted
on behalf of aliens for such State for a fiscal
year (within the limitation in subparagraph
(B)) in accordance with the conditions of
this clause to exceed 10; and
(iii) in the case of a request by an interested Federal agency or by an interested
State agency for a waiver for an alien who
agrees to practice specialty medicine in a facility located in a geographic area so designated by the Secretary of Health and
Human Services, the request shall demonstrate, based on criteria established by
such agency, that there is a shortage of
health care professionals able to provide
services in the appropriate medical specialty
to the patients who will be served by the
alien.

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TITLE 8—ALIENS AND NATIONALITY

(2)(A) Notwithstanding section 1258(a)(2) of
this title, the Attorney General may change the
status of an alien who qualifies under this subsection and section 1182(e) of this title to that of
an alien described in section 1101(a)(15)(H)(i)(b)
of this title. The numerical limitations contained in subsection (g)(1)(A) of this section
shall not apply to any alien whose status is
changed under the preceding sentence, if the
alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or an interested State
agency.
(B) No person who has obtained a change of
status under subparagraph (A) and who has
failed to fulfill the terms of the contract with
the health facility or health care organization
named in the waiver application shall be eligible
to apply for an immigrant visa, for permanent
residence, or for any other change of nonimmigrant status, until it is established that
such person has resided and been physically
present in the country of his nationality or his
last residence for an aggregate of at least 2
years following departure from the United
States.
(3) Notwithstanding any other provision of
this subsection, the 2-year foreign residence requirement under section 1182(e) of this title
shall apply with respect to an alien described in
clause (iii) of such section, who has not otherwise been accorded status under section
1101(a)(27)(H) of this title, if—
(A) at any time the alien ceases to comply
with any agreement entered into under subparagraph (C) or (D) of paragraph (1); or
(B) the 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

§ 1184

education language training program, or at a
public secondary school (unless the requirements of paragraph (1)(B) are met).
(n) Increased portability of H–1B status
(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or
otherwise provided nonimmigrant status under
section 1101(a)(15)(H)(i)(b) of this title is authorized to accept new employment upon the filing
by the prospective employer of a new petition on
behalf of such nonimmigrant as provided under
subsection (a) of this section. Employment authorization shall continue for such alien until
the new petition is adjudicated. If the new petition is denied, such authorization shall cease.
(2) A nonimmigrant alien described in this
paragraph is a nonimmigrant alien—
(A) who has been lawfully admitted into the
United States;
(B) on whose behalf an employer has filed a
nonfrivolous petition for new employment before the date of expiration of the period of
stay authorized by the Attorney General; and
(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing
of such petition.
(o) Nonimmigrants guilty of trafficking in persons
(1) No alien shall be eligible for admission to
the United States under section 1101(a)(15)(T) of
this title if there is substantial reason to believe
that the alien has committed an act of a severe
form of trafficking in persons (as defined in section 7102 of title 22).
(2) The total number of aliens who may be issued visas or otherwise provided nonimmigrant
status during any fiscal year under section
1101(a)(15)(T) of this title may not exceed 5,000.
(3) The numerical limitation of paragraph (2)
shall only apply to principal aliens and not to
the spouses, sons, daughters, siblings, or parents
of such aliens.
(4) An unmarried alien who seeks to accompany, or follow to join, a parent granted status
under section 1101(a)(15)(T)(i) of this title, and
who was under 21 years of age on the date on
which such parent applied for such status, shall
continue to be classified as a child for purposes
of section 1101(a)(15)(T)(ii) of this title, if the
alien attains 21 years of age after such 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 pro-

§ 1184

TITLE 8—ALIENS AND NATIONALITY

vided nonimmigrant status under section
1101(a)(15)(T) of this title may be granted such
status for a period of not more than 4 years.
(B) An alien who is issued a visa or otherwise
provided nonimmigrant status under section
1101(a)(15)(T) of this title may extend the period
of such status beyond the period described in
subparagraph (A) if—
(i) a Federal, State, or local law enforcement
official, prosecutor, judge, or other authority
investigating or prosecuting activity relating
to human trafficking or certifies that the
presence of the alien in the United States is
necessary to assist in the investigation or
prosecution of such activity;
(ii) the alien is eligible for relief under section 1255(l) of this title and is unable to obtain
such relief because regulations have not been
issued to implement such section; or
(iii) the Secretary of Homeland Security determines that an extension of the period of
such nonimmigrant status is warranted due to
exceptional circumstances.
(C) Nonimmigrant status under section
1101(a)(15)(T) of this title shall be extended during the pendency of an application for adjustment of status under section 1255(l) of this title.
(p)
Requirements
applicable
to
section
1101(a)(15)(U) visas
(1)
Petitioning
procedures
for
section
1101(a)(15)(U) visas
The petition filed by an alien under section
1101(a)(15)(U)(i) of this title shall contain a
certification from a Federal, State, or local
law enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating criminal activity described in section
1101(a)(15)(U)(iii) of this title. This certification may also be provided by an official of
the Service whose ability to provide such certification is not limited to information concerning immigration violations. This certification shall state that the alien ‘‘has been
helpful, is being helpful, or is likely to be helpful’’ in the investigation or prosecution of
criminal
activity
described
in
section
1101(a)(15)(U)(iii) of this title.
(2) Numerical limitations
(A) The number of aliens who may be issued
visas or otherwise provided status as nonimmigrants under section 1101(a)(15)(U) of this
title in any fiscal year shall not exceed 10,000.
(B) The numerical limitations in subparagraph (A) shall only apply to principal aliens
described in section 1101(a)(15)(U)(i) of this
title, and not to spouses, children, or, in the
case of alien children, the alien parents of
such children.
(3) Duties of the Attorney General with respect
to ‘‘U’’ visa nonimmigrants
With respect to nonimmigrant aliens described in subsection (a)(15)(U) of section 1101
of this title—
(A) the Attorney General and other government officials, where appropriate, shall
provide those aliens with referrals to nongovernmental organizations to advise the
aliens regarding their options while in the

Page 188

United States and the resources available to
them; and
(B) the Attorney General shall, during the
period those aliens are in lawful temporary
resident status under that subsection, provide the aliens with employment authorization.
(4) Credible evidence considered
In acting on any petition filed under this
subsection, the consular officer or the Attorney General, as appropriate, shall consider
any credible evidence relevant to the petition.
(5) Nonexclusive relief
Nothing in this subsection limits the ability
of aliens who qualify for status under section
1101(a)(15)(U) of this title to seek any other
immigration benefit or status for which the
alien may be eligible.
(6) Duration of status
The authorized period of status of an alien
as a nonimmigrant under section 1101(a)(15)(U)
of this title shall be for a period of not more
than 4 years, but shall be extended upon certification from a Federal, State, or local law
enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title
that the 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.
(q) Employment of nonimmigrants described in
section 1101(a)(15)(V)
(1) In the case of a nonimmigrant described in
section 1101(a)(15)(V) of this title—
(A) the Attorney General shall authorize the
alien to engage in employment in the United
States during the period of authorized admission and shall provide the alien with an ‘‘employment authorized’’ endorsement or other
appropriate document signifying authorization of employment; and
(B) the period of authorized admission as
such a nonimmigrant shall terminate 30 days
after the date on which any of the following is
denied:
(i) The petition filed under section 1154 of
this title to accord the alien a status under

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TITLE 8—ALIENS AND NATIONALITY

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.
(2) In the case of an alien seeking admission
under section 1101(a)(15)(K)(ii) of this title who
concluded a marriage with a citizen of the
United States outside the United States, the
alien shall be considered inadmissible under section 1182(a)(7)(B) of this title if the alien is not
at the time of application for admission in possession of a valid nonimmigrant visa issued by a
consular officer in the foreign state in which the
marriage was concluded.
(3) In the case of a nonimmigrant described in
section 1101(a)(15)(K)(ii) of this title, and any
child of such a nonimmigrant who was admitted
as accompanying, or following to join, such a
nonimmigrant, the period of authorized admission shall terminate 30 days after the date on
which any of the following is denied:
(A) The petition filed under section 1154 of
this title to accord the principal alien status
under section 1151(b)(2)(A)(i) of this title.
(B) The principal alien’s application for an
immigrant visa pursuant to the approval of
such petition.
(C) The principal alien’s application for adjustment of status under section 1255 of this
title pursuant to the approval of such petition.

§ 1184

(4)(A) The Secretary of Homeland Security
shall create a database for the purpose of tracking multiple visa petitions filed for fiance´(e)s
and spouses under clauses (i) and (ii) of section
1101(a)(15)(K) of this title. Upon approval of a
second visa petition under section 1101(a)(15)(K)
of this title for a fiance´(e) or spouse filed by the
same United States citizen petitioner, the petitioner shall be notified by the Secretary that information concerning the petitioner has been
entered into the multiple visa petition tracking
database. All subsequent fiance´(e) or spouse
nonimmigrant visa petitions filed by that petitioner under such section shall be entered in the
database.
(B)(i) Once a petitioner has had two fiance´(e)
or spousal petitions approved under clause (i) or
(ii) of section 1101(a)(15)(K) of this title, if a subsequent petition is filed under such section less
than 10 years after the date the first visa petition was filed under such section, the Secretary
of Homeland Security shall notify both the petitioner and beneficiary of any such subsequent
petition about the number of previously approved fiance´(e) or spousal petitions listed in
the database.
(ii) A copy of the information and resources
pamphlet on domestic violence developed under
section 1375a(a) of this title shall be mailed to
the beneficiary along with the notification required in clause (i).
(5) In this subsection:
(A) The terms ‘‘domestic violence’’, ‘‘sexual
assault’’, ‘‘child abuse and neglect’’, ‘‘dating
violence’’, ‘‘elder abuse’’, and ‘‘stalking’’ have
the meaning given such terms in section 3 of
the Violence Against Women and Department
of Justice Reauthorization Act of 2005.3
(B) The term ‘‘specified crime’’ means the
following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, and stalking.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt
to commit any of the crimes described in
this clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
(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,
3 See

References in Text note below.

§ 1184

TITLE 8—ALIENS AND NATIONALITY

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.)
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.
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

Page 190

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
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

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TITLE 8—ALIENS AND NATIONALITY

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).
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) of this section shall not apply to any alien
whose status is changed under the preceding sentence,
if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or an interested State agency.’’
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.

§ 1184

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
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.’’

§ 1184

TITLE 8—ALIENS AND NATIONALITY

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.’’
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).

Page 192

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’’.
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’’.

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TITLE 8—ALIENS AND NATIONALITY

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 motion picture or television production, after consultation with such a labor organization and a management
organization in the area of the alien’s ability’’ for
‘‘after consultation with labor organizations with expertise in the skill area involved’’.
Subsec. (c)(4)(A), (B). Pub. L. 102–232, § 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 added subsec. (e).
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 visi-

§ 1184

tor 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 admission for permanent residence of the alien and minor
children as of the date of the payment of the required
visa fees.’’
1984—Subsec. (a). Pub. L. 98–454 inserted ‘‘No alien admitted to Guam without a visa pursuant to section
1182(l) of this title may be authorized to enter or stay
in the United States other than in Guam or to remain
in Guam for a period exceeding fifteen days from date
of admission to Guam.’’
1970—Subsec. (c). Pub. L. 91–225, § 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 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

§ 1184

TITLE 8—ALIENS AND NATIONALITY

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.’’
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 ap-

Page 194

plicable 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].’’
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

Page 195

TITLE 8—ALIENS AND NATIONALITY

§ 1184

231 of Pub. L. 101–649, set out as a note under section
1101 of this title.

L VISA INTERAGENCY TASK FORCE AND INSPECTOR
GENERAL REPORT

EFFECTIVE AND TERMINATION DATES OF 1988
AMENDMENTS

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.

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
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.’’

LIMITATION ON USE OF CERTAIN INFORMATION

STATISTICAL INFORMATION ON COUNTRY OF ORIGIN,
OCCUPATION, EDUCATIONAL LEVEL AND COMPENSATION

Amendment by Pub. L. 100–525 effective as if included
in enactment of Immigration Reform and Control Act
of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525,
set out as an Effective Date of 1988 Amendment note
under section 1101 of this title.
Amendment by Pub. L. 100–449 effective on the date
the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect
on the date the Agreement ceases to be in force, see
section 501(a), (c) of Pub. L. 100–449, set out in a note
under section 2112 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 3(d)(1), (3) of Pub. L. 99–639 provided that:
‘‘(1) The amendments made by subsection (a) [amending this section] shall apply to petitions approved on or
after the date of the enactment of this Act [Nov. 10,
1986].
‘‘(3) The amendment made by subsection (c) [amending this section] shall apply to aliens issued visas under
section 101(a)(15)(K) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(K)] on or after the date of
the enactment of this Act.’’
Amendment by section 301(b) of Pub. L. 99–603 applicable to petitions and applications filed under sections
1184(c) and 1188 of this title on or after the first day of
the seventh month beginning after Nov. 6, 1986, see section 301(d) of Pub. L. 99–603, as amended, set out as an
Effective Date note under section 1188 of this title.
TRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to
Secretary of State, see sections 6531 and 6532 of Title 22,
Foreign Relations and Intercourse.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS

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.’’

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 limi-

§ 1184

TITLE 8—ALIENS AND NATIONALITY

tation in such section 214(g)(1)(A)(ii) is reached and
ending on September 30, 1999.
‘‘(B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(i)(b) is filed
before September 1, 2000, and is subsequently approved,
that alien shall be counted toward the numerical ceiling for fiscal year 2000 notwithstanding the date of the
approval of the petition. Notwithstanding section
214(g)(1)(A)(iii) of the Immigration and Nationality
Act, the total number of aliens who may be issued visas
or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is
increased by a number equal to the number of aliens
who may be issued visas or otherwise provided nonimmigrant status who filed a petition during the period
beginning on the date on which the limitation in such
section 214(g)(1)(A)(iii) is reached and ending on August
31, 2000.
‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall take effect
as if included in the enactment of section 411 of the
American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C
of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105–277)
[see Effective Date of 1998 Amendment note above].’’
ONE-TIME PROTECTION UNDER PER COUNTRY CEILING
Pub. L. 106–313, title I, § 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

Page 196

‘‘(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
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

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TITLE 8—ALIENS AND NATIONALITY

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
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
Section 207(c)(2) of Pub. L. 102–232 provided that:
‘‘The first report under section 214(c)(8) of the Immigration and Nationality Act [8 U.S.C. 1184(c)(8)] shall be
provided not later than April 1, 1993.’’
DELAY UNTIL APRIL 1, 1992, IN APPLICATION OF
SUBSECTION (g)(1)(C) OF THIS SECTION
See section 3 of Pub. L. 102–110, set out as a Delay
Until April 1, 1992, in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models note under section 1101 of this
title.
WORK AUTHORIZATION DURING PENDING LABOR
DISPUTES
Section 207(c) of Pub. L. 101–649, as amended by Pub.
L. 102–232, title III, § 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)

§ 1184

of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(H)(ii)(a)]) and who is authorized to be employed in an occupation, if nonimmigrants constitute a
majority of the members of the bargaining unit in the
occupation, during the period of any strike or lockout
in the occupation with the employer which strike or
lockout is pending on the date of the enactment of this
Act [Nov. 29, 1990] the alien—
‘‘(A) continues to be authorized to be employed in
the occupation for that employer, and
‘‘(B) is authorized to be employed in any occupation
for any other employer so long as such strike or lockout continues with respect to that occupation and
employer.
‘‘(2) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a)
of the Immigration and Nationality Act) and who is authorized to be employed in an occupation, if nonimmigrants do not constitute a majority of the members of
the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the
employer which strike or lockout is pending on the
date of the enactment of this Act the alien—
‘‘(A) is not authorized to be employed in the occupation for that employer, and
‘‘(B) is authorized to be employed in any occupation
for any other employer so long as there is no strike
or lockout with respect to that occupation and employer.
‘‘(3) With respect to a nonimmigrant described in
paragraph (1) or (2) who does not perform unauthorized
employment, any limit on the period of authorized stay
shall be extended by the period of the strike or lockout,
except that any such extension may not continue beyond the maximum authorized period of stay.
‘‘(4) The provisions of this subsection shall take effect on the date of the enactment of this Act.’’
OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS
(F NONIMMIGRANTS)
Section 221 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 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.’’

§ 1184a

TITLE 8—ALIENS AND NATIONALITY

LIMITATION ON ADMISSION OF ALIENS SEEKING
EMPLOYMENT IN THE VIRGIN ISLANDS
Notwithstanding any other provision of law, the Attorney General not to be authorized, on or after Sept.
30, 1982, to approve any petition filed under subsec. (c)
of this section in the case of importing any alien as a
nonimmigrant under section 1101(a)(15)(H)(ii) of this
title for employment in the Virgin Islands of the
United States other than as an entertainer or as an
athlete and for a period not exceeding 45 days, see section 3 of Pub. L. 97–271, set out as a note under section
1255 of this title.
IMPORTATION OF SHEEPHERDERS; TERMINATION OF
QUOTA DEDUCTIONS
Quota deductions authorized by acts June 30, 1950, ch.
423, 64 Stat. 306; Apr. 9, 1952, ch. 171, 66 Stat. 50, terminated effective July 1, 1957.
CANCELLATION OF CERTAIN NONIMMIGRANT DEPARTURE
BONDS
Pub. L. 85–531, July 18, 1958, 72 Stat. 375, authorized
the Attorney General, upon application made not later
than July 18, 1963, to cancel any departure bond posted
pursuant to the Immigration Act of 1924, as amended,
or the Immigration and Nationality Act [this chapter],
on behalf of any refugee who entered the United States
as a nonimmigrant after May 6, 1945, and prior to July
1, 1953, and who had his immigration status adjusted to
that of an alien admitted for permanent residence pursuant to any public or private law.

§ 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 an-

Page 198

other person with knowledge or reasonable
cause to believe that the departure or entry of
such other person is forbidden by this section;
(3) for any person knowingly to make any
false statement in an application for permission to depart from or enter the United States
with intent to induce or secure the granting of
such permission either for himself or for another;
(4) for any person knowingly to furnish or
attempt to furnish or assist in furnishing to
another a permit or evidence of permission to
depart or enter not issued and designed for
such other 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

Page 199

TITLE 8—ALIENS AND NATIONALITY

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.
This chapter, referred to in subsecs. (d) and (f), was in
the original, ‘‘this Act’’, meaning act June 27, 1952, ch.
477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of this
title and Tables.
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–416 inserted ‘‘United
States’’ after ‘‘valid’’.
1978—Subsec. (a). Pub. L. 95–426, § 707(a), substituted
provision that the enumerated acts would, unless
otherwise ordered by the President, be deemed unlawful
for provisions declaring it unlawful when the United
States is at war or during a proclaimed national emergency, or, as to aliens, when there exists a state of war
between two or more states and the President finds
that the interests of the United States require restrictions to be imposed upon departure of persons from and
their entry into the United States.
Subsec. (b). Pub. L. 95–426, § 707(b), substituted provisions prohibiting departure or entry except as otherwise provided by the President and subject to such limitations and exceptions as he may authorize or prescribe, for provisions prohibiting such departure or
entry after proclamation of a national emergency has
been made, published and in force.
Subsec. (c). Pub. L. 95–426, § 707(d), redesignated subsec. (d) as (c). Former subsec. (c), which provided for
penalties for violation of this section, was struck out.
Subsec. (d). Pub. L. 95–426, § 707(d), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95–426, § 707(c), (d), redesignated
subsec. (f) as (e) and struck out ‘‘proclamation,’’ before
‘‘rule’’ in two places. Former subsec. (e) redesignated
(d).
Subsecs. (f), (g). Pub. L. 95–426, § 707(d), redesignated
subsec. (g) as (f). Former (f) redesignated (e).
EFFECTIVE DATE OF 1994 AMENDMENT
Section 204(b) of Pub. L. 103–416 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to departures and entries (and attempts thereof) occurring on or after the date of enactment of this Act [Oct. 25, 1994].’’
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.
DELEGATION OF AUTHORITY UNDER SECTIONS 1182(f) AND
1185(a)(1) OF THIS TITLE
Authority of President under subsec. (a)(1) of this
section to maintain custody and conduct screening of
any undocumented person seeking to enter the United
States who is encountered in a vessel interdicted on the
high seas through Dec. 31, 2000, delegated to Attorney
General by Memorandum of President of the United
States, Sept. 24, 1999, 64 F.R. 55809, set out as a note
under section 1182 of this title.
ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL
CARDS
Pub. L. 112–54, Nov. 12, 2011, 125 Stat. 550, provided
that:

§ 1185

‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Asia-Pacific Economic
Cooperation Business Travel Cards Act of 2011’.
‘‘SEC. 2. ASIA-PACIFIC ECONOMIC COOPERATION
BUSINESS TRAVEL CARDS.
‘‘(a) IN GENERAL.—During the 7-year period ending on
September 30, 2018, the Secretary of Homeland Security, in coordination with the Secretary of State, is authorized to issue Asia-Pacific Economic Cooperation
Business Travel Cards (referred to in this section as
‘ABT Cards’) to any eligible person, including business
leaders and United States Government officials who are
actively engaged in Asia-Pacific Economic Cooperation
business. An individual may not receive an ABT Card
under this section unless the individual has been approved and is in good standing in an international
trusted traveler program of the Department of Homeland Security.
‘‘(b) INTEGRATION WITH EXISTING TRAVEL PROGRAMS.—
The Secretary of Homeland Security may integrate application procedures for, and issuance, suspension, and
revocation of, ABT Cards with other appropriate international trusted traveler programs of the Department
of Homeland Security.
‘‘(c) COOPERATION WITH PRIVATE ENTITIES.—In carrying out this section, the Secretary of Homeland Security may consult with appropriate private sector entities.
‘‘(d) RULEMAKING.—The Secretary of Homeland Security, in coordination with the Secretary of State, may
prescribe such regulations as may be necessary to carry
out this section, including regulations regarding conditions of or limitations on eligibility for an ABT Card.
‘‘(e) FEE.—
‘‘(1) IN GENERAL.—The Secretary of Homeland Security may—
‘‘(A) prescribe and collect a fee for the issuance of
ABT Cards; and
‘‘(B) adjust such fee to the extent the Secretary
determines to be necessary to comply with paragraph (2).
‘‘(2) LIMITATION.—The Secretary of Homeland Security shall ensure that the total amount of the fees
collected under paragraph (1) during any fiscal year is
sufficient to offset the direct and indirect costs associated with carrying out this section during such fiscal year, including the costs associated with establishing the program.
‘‘(3) ACCOUNT FOR COLLECTIONS.—There is established in the Treasury of the United States an ‘APEC
Business Travel Card Account’ into which the fees
collected under paragraph (1) shall be deposited as
offsetting receipts.
‘‘(4) USE OF FUNDS.—Amounts deposited into the
APEC Business Travel Card Account—
‘‘(A) shall be credited to the appropriate account
of the Department of Homeland Security for expenses incurred in carrying out this section; and
‘‘(B) shall remain available until expended.
‘‘(f) TERMINATION OF PROGRAM.—The Secretary of
Homeland Security, in coordination with the Secretary
of State, may terminate activities under this section if
the Secretary of Homeland Security determines such
action to be in the interest of the United States.’’
WESTERN HEMISPHERE TRAVEL INITIATIVE
Pub. L. 110–53, title VII, § 724, Aug. 3, 2007, 121 Stat.
350, provided that: ‘‘Before the Secretary of Homeland
Security publishes a final rule in the Federal Register
implementing section 7209 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law
108–458; 8 U.S.C. 1185 note) [set out below]—
‘‘(1) the Secretary of Homeland Security shall complete a cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under such section 7209; and
‘‘(2) the Secretary of State shall develop proposals
for reducing the execution fee charged for the passport card, proposed at 71 Fed. Reg. 60928–32 (October

§ 1185

TITLE 8—ALIENS AND NATIONALITY

17, 2006), including the use of mobile application
teams, during implementation of the land and sea
phase of the Western Hemisphere Travel Initiative, in
order to encourage United States citizens to apply for
the passport card.’’
Pub. L. 108–458, title VII, § 7209, Dec. 17, 2004, 118 Stat.
3823, as amended by Pub. L. 109–295, title V, § 546, Oct.
4, 2006, 120 Stat. 1386; Pub. L. 110–53, title VII, § 723, Aug.
3, 2007, 121 Stat. 349; Pub. L. 110–161, div. E, title V, § 545,
Dec. 26, 2007, 121 Stat. 2080, provided that:
‘‘(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the
United States, Congress makes the following findings:
‘‘(1) Existing procedures allow many individuals to
enter the United States by showing minimal identification or without showing any identification.
‘‘(2) The planning for the terrorist attacks of September 11, 2001, demonstrates that terrorists study
and exploit United States vulnerabilities.
‘‘(3) Additional safeguards are needed to ensure
that terrorists cannot enter the United States.
‘‘(b) PASSPORTS.—
‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTATION.—
‘‘(A) The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop
and implement a plan as expeditiously as possible
to require a passport or other document, or combination of documents, deemed by the Secretary of
Homeland Security to be sufficient to denote identity and citizenship, for all travel into the United
States by United States citizens and by categories
of individuals for whom documentation requirements have previously been waived under section
212(d)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(4)(B)). Such plan may not be implemented earlier than the date that is the later of 3
months after the Secretary of State and the Secretary of Homeland Security make the certification
required in subparagraph (B) or June 1, 2009. The
plan shall seek to expedite the travel of frequent
travelers, including those who reside in border communities, and in doing so, shall make readily available a registered traveler program (as described in
section 7208(k) [8 U.S.C. 1365b(k)]).
‘‘(B) The Secretary of Homeland Security and the
Secretary of State shall jointly certify to the Committees on Appropriations of the Senate and the
House of Representatives that the following criteria have been met prior to implementation of section 7209(b)(1)(A)—
‘‘(i) the National Institute of Standards and
Technology certifies that the Departments of
Homeland Security and State have selected a
card architecture that meets or exceeds International Organization for Standardization (ISO)
security standards and meets or exceeds best
available practices for protection of personal
identification documents: Provided, That the National Institute of Standards and Technology
shall also assist the Departments of Homeland
Security and State to incorporate into the architecture of the card the best available practices to
prevent the unauthorized use of information on
the card: Provided further, That to facilitate efficient cross-border travel, the Departments of
Homeland Security and State shall, to the maximum extent possible, develop an architecture
that is compatible with information technology
systems and infrastructure used by United States
Customs and Border Protection;
‘‘(ii) the technology to be used by the United
States for the passport card, and any subsequent
change to that technology, has been shared with
the governments of Canada and Mexico;
‘‘(iii) an agreement has been reached with the
United States Postal Service on the fee to be
charged individuals for the passport card, and a
detailed justification has been submitted to the
Committees on Appropriations of the Senate and
the House of Representatives;

Page 200

‘‘(iv) an alternative procedure has been developed for groups of children traveling across an
international border under adult supervision with
parental consent;
‘‘(v) the necessary technological infrastructure
to process the passport cards has been installed,
and all employees at ports of entry have been
properly trained in the use of the new technology;
‘‘(vi) the passport card has been made available
for the purpose of international travel by United
States citizens through land and sea ports of
entry between the United States and Canada,
Mexico, the Caribbean and Bermuda;
‘‘(vii) a single implementation date for sea and
land borders has been established; and
‘‘(viii) the signing of a memorandum of agreement to initiate a pilot program with not less
than one State to determine if an enhanced driver’s license, which is machine-readable and tamper proof, not valid for certification of citizenship
for any purpose other than admission into the
United States from Canada or Mexico, and issued
by such State to an individual, may permit the
individual to use the driver’s license to meet the
documentation requirements under subparagraph
(A) for entry into the United States from Canada
or Mexico at land and sea ports of entry.
‘‘(C) REPORT.—Not later than 180 days after the
initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to
the appropriate congressional committees a report
which includes—
‘‘(i) an analysis of the impact of the pilot program on national security;
‘‘(ii) recommendations on how to expand the
pilot program to other States;
‘‘(iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada;
‘‘(iv) a plan to screen individuals participating
in the pilot program against United States terrorist watch lists; and
‘‘(v) a recommendation for the type of machinereadable technology that should be used in enhanced driver’s licenses, based on individual privacy considerations and the costs and feasibility
of incorporating any new technology into existing
driver’s licenses.
‘‘(2) REQUIREMENT TO PRODUCE DOCUMENTATION.—
The plan developed under paragraph (1) shall require
all United States citizens, and categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of such
Act [8 U.S.C. 1182(d)(4)(B)], to carry and produce the
documentation described in paragraph (1) when traveling from foreign countries into the United States.
‘‘(c) TECHNICAL AND CONFORMING AMENDMENTS.—After
the complete implementation of the plan described in
subsection (b)—
‘‘(1) neither the Secretary of State nor the Secretary of Homeland Security may exercise discretion
under section 212(d)(4)(B) of such Act [8 U.S.C.
1182(d)(4)(B)] to waive documentary requirements for
travel into the United States; and
‘‘(2) the President may not exercise discretion
under section 215(b) of such Act (8 U.S.C. 1185(b)) to
waive documentary requirements for United States
citizens departing from or entering, or attempting to
depart from or enter, the United States except—
‘‘(A) where the Secretary of Homeland Security
determines that the alternative documentation
that is the basis for the waiver of the documentary
requirement is sufficient to denote identity and
citizenship;
‘‘(B) in the case of an unforeseen emergency in individual cases; or
‘‘(C) in the case of humanitarian or national interest reasons in individual cases.
‘‘(d) TRANSIT WITHOUT VISA PROGRAM.—The Secretary
of State shall not use any authorities granted under

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TITLE 8—ALIENS AND NATIONALITY

section 212(d)(4)(C) of such Act [8 U.S.C. 1182(d)(4)(C)]
until the Secretary, in conjunction with the Secretary
of Homeland Security, completely implements a security plan to fully ensure secure transit passage areas to
prevent aliens proceeding in immediate and continuous
transit through the United States from illegally entering the United States.’’
[Amendment by Pub. L. 110–161, § 545, to section 7209
of Pub. L. 108–458, set out above, was executed to reflect
the probable intent of Congress, notwithstanding errors
in the directory language.]
EX. ORD. NO. 12172. DELEGATION OF AUTHORITY OF PRESIDENT TO SECRETARY OF STATE AND ATTORNEY GENERAL
RESPECTING ENTRY OF IRANIAN ALIENS INTO THE
UNITED STATES
Ex. Ord. No. 12172, Nov. 26, 1979, 44 F.R. 67947, as
amended by Ex. Ord. No. 12206, Apr. 7, 1980, 45 F.R.
24101, provided:
By virtue of the authority vested in me as President
by the Constitution and laws of the United States, including the Immigration and Nationality Act, as
amended [this chapter], 8 USC 1185 and 3 USC 301, it is
hereby ordered as follows:
Section 1–101. Delegation of Authority. The Secretary
of State and the Attorney General are hereby designated and empowered to exercise in respect of Iranians the authority conferred upon the President by
section 215(a)(1) of the Act of June 27, 1952 (8 USC 1185),
to prescribe limitations and exceptions on the rules and
regulations governing the entry of aliens into the
United States.
Section 1–102. Effective Date. This order is effective
immediately.
JIMMY CARTER.
EX. ORD. NO. 13323. ASSIGNMENT OF FUNCTIONS RELATING
TO ARRIVALS IN AND DEPARTURES FROM THE UNITED
STATES
Ex. Ord. No. 13323, Dec. 30, 2003, 69 F.R. 241, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 215 of the Immigration and
Nationality Act (INA), as amended (8 U.S.C. 1185), and
section 301 of title 3, United States Code, and to
strengthen the national security of the United States
through procedures and systems to manage and control
the arrival and departure of persons from the United
States, it is hereby ordered as follows:
SECTION 1. Functions of the Secretary of Homeland Security. The Secretary of Homeland Security is assigned
the functions of the President under section 215(a) of
the INA with respect to persons other than citizens of
the United States. In exercising these functions, the
Secretary of Homeland Security shall not issue, amend,
or revoke any rules, regulations, or orders without first
obtaining the concurrence of the Secretary of State.
SEC. 2. Functions of the Secretary of State. The Secretary of State is assigned the functions of the President under section 215(a) and (b) of the INA with respect to citizens of the United States, including those
functions concerning United States passports. In addition, the Secretary may amend or revoke part 46 of
title 22, Code of Federal Regulations, which concern
persons other than citizens of the United States. In exercising these functions, the Secretary of State shall
not issue, amend, or revoke any rules, regulations, or
orders without first consulting with the Secretary of
Homeland Security.
SEC. 3. Judicial Review. This order is not intended to,
and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity by a
party against the United States, its departments, agencies, entities, officers, employees or agents, or any
other person.
GEORGE W. BUSH.

§ 1186a

§ 1186. Transferred
CODIFICATION
Section, act June 27, 1952, ch. 477, title II, ch. 2, § 216,
as added Nov. 6, 1986, Pub. L. 99–603, title III, § 301(c), 100
Stat. 3411, which related to admission of temporary
H–2A workers, was renumbered § 218 by Pub. L. 100–525,
§ 2(l)(2), Oct. 24, 1988, 102 Stat. 2612, and transferred to
section 1188 of this title.

§ 1186a. Conditional permanent resident status
for certain alien spouses and sons and
daughters
(a) In general
(1) Conditional basis for status
Notwithstanding any other provision of this
chapter, an alien spouse (as defined in subsection (h)(1)) and an alien son or daughter (as
defined in subsection (h)(2)) shall be considered, at the time of obtaining the status of an
alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this
section.
(2) Notice of requirements
(A) At time of obtaining permanent residence
At the time an alien spouse or alien son or
daughter obtains permanent resident status
on a conditional basis under paragraph (1),
the Secretary of Homeland Security shall
provide for notice to such a spouse, son, or
daughter respecting the provisions of this
section and the requirements of subsection
(c)(1) to have the conditional basis of such
status removed.
(B) At time of required petition
In addition, the Secretary of Homeland Security shall attempt to provide notice to
such a spouse, son, or daughter, at or about
the beginning of the 90-day period described
in subsection (d)(2)(A), of the requirements
of subsections 1 (c)(1).
(C) Effect of failure to provide notice
The failure of the Secretary of Homeland
Security to provide a notice under this paragraph shall not affect the enforcement of the
provisions of this section with respect to
such a spouse, son, or daughter.
(b) Termination of status if finding that qualifying marriage improper
(1) In general
In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary
of the alien’s obtaining the status of lawful
admission for permanent residence, that—
(A) the qualifying marriage—
(i) was entered into for the purpose of
procuring an alien’s admission as an immigrant, or
(ii) has been judicially annulled or terminated, other than through the death of
a spouse; or
(B) a fee or other consideration was given
(other than a fee or other consideration to
1 So

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

§ 1186a

TITLE 8—ALIENS AND NATIONALITY

an attorney for assistance in preparation of
a lawful petition) for the filing of a petition
under section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title
with respect to the alien;
the Secretary of Homeland Security shall so
notify the parties involved and, subject to
paragraph (2), shall terminate the permanent
resident status of the alien (or aliens) involved
as of the date of the determination.
(2) Hearing in removal proceeding
Any alien whose permanent resident status
is terminated under paragraph (1) may request
a review of such determination in a proceeding
to remove the alien. In such proceeding, the
burden of proof shall be on the Secretary of
Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.
(c) Requirements of timely petition and interview for removal of condition
(1) In general
In order for the conditional basis established
under subsection (a) for an alien spouse or an
alien son or daughter to be removed—
(A) the alien spouse and the petitioning
spouse (if not deceased) jointly must submit
to the Secretary of Homeland Security, during the period described in subsection (d)(2),
a petition which requests the removal of
such conditional basis and which states,
under penalty of perjury, the facts and information described in subsection (d)(1), and
(B) in accordance with subsection (d)(3),
the alien spouse and the petitioning spouse
(if not deceased) must appear for a personal
interview before an officer or employee of
the Department of Homeland Security respecting the facts and information described
in subsection (d)(1).
(2) Termination of permanent resident status
for failure to file petition or have personal
interview
(A) In general
In the case of an alien with permanent
resident status on a conditional basis under
subsection (a), if—
(i) no petition is filed with respect to the
alien in accordance with the provisions of
paragraph (1)(A), or
(ii) unless there is good cause shown, the
alien spouse and petitioning spouse fail to
appear at the interview described in paragraph (1)(B),
the Secretary of Homeland Security shall
terminate the permanent resident status of
the alien as of the second anniversary of the
alien’s lawful admission for permanent residence.
(B) Hearing in removal proceeding
In any removal proceeding with respect to
an alien whose permanent resident status is
terminated under subparagraph (A), the burden of proof shall be on the alien to establish
compliance with the conditions of paragraphs (1)(A) and (1)(B).

Page 202

(3) Determination after petition and interview
(A) In general
If—
(i) a petition is filed in accordance with
the provisions of paragraph (1)(A), and
(ii) the alien spouse and petitioning
spouse appear at the interview described in
paragraph (1)(B),
the Secretary of Homeland Security shall
make a determination, within 90 days of the
date of the interview, as to whether the facts
and information described in subsection
(d)(1) and alleged in the petition are true
with respect to the qualifying marriage.
(B) Removal of conditional basis if favorable
determination
If the Secretary of Homeland Security determines that such facts and information are
true, the Secretary of Homeland Security
shall so notify the parties involved and shall
remove the conditional basis of the parties
effective as of the second anniversary of the
alien’s obtaining the status of lawful admission for permanent residence.
(C) Termination if adverse determination
If the Secretary of Homeland Security determines that such facts and information are
not true, the Secretary of Homeland Security shall so notify the parties involved and,
subject to subparagraph (D), shall terminate
the permanent resident status of an alien
spouse or an alien son or daughter as of the
date of the determination.
(D) Hearing in removal proceeding
Any alien whose permanent resident
status is terminated under subparagraph (C)
may request a review of such determination
in a proceeding to remove the alien. In such
proceeding, the burden of proof shall be on
the Secretary of Homeland Security to establish, by a preponderance of the evidence,
that the facts and information described in
subsection (d)(1) and alleged in the petition
are not true with respect to the qualifying
marriage.
(4) Hardship waiver
The Secretary of Homeland Security, in the
Attorney General’s 2 discretion, may remove
the conditional basis of the permanent resident status for an alien who fails to meet the
requirements of paragraph (1) if the alien demonstrates that—
(A) extreme hardship would result if such
alien is removed,
(B) the qualifying marriage was entered
into in good faith by the alien spouse, but
the qualifying marriage has been terminated
(other than through the death of the spouse)
and the alien was not at fault in failing to
meet the requirements of paragraph (1), or
(C) the qualifying marriage was entered
into in good faith by the alien spouse and
during the marriage the alien spouse or
child was battered by or was the subject of
extreme cruelty perpetrated by his or her
2 So

in original. Probably should be ‘‘Secretary’s’’.

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TITLE 8—ALIENS AND NATIONALITY

spouse or citizen or permanent resident parent and the alien was not at fault in failing
to meet the requirements of paragraph (1).
In determining extreme hardship, the Secretary of Homeland Security shall consider
circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the
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 of Homeland Security. The Secretary of Homeland Security shall, by regulation, establish measures to protect the confidentiality of information concerning any
abused alien spouse or child, including information regarding the whereabouts of such
spouse or child.
(d) Details of petition and interview
(1) Contents of petition
Each petition under subsection (c)(1)(A)
shall contain the following facts and information:
(A) Statement of proper marriage and petitioning process
The facts are that—
(i) the qualifying marriage—
(I) was entered into in accordance with
the laws of the place where the marriage
took place,
(II) has not been judicially annulled or
terminated, other than through the
death of a spouse, and
(III) was not entered into for the purpose of procuring an alien’s admission as
an immigrant; and
(ii) no fee or other consideration was
given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing
of a petition under section 1154(a) of this
title or subsection (d) or (p) 3 of section
1184 of this title with respect to the alien
spouse or alien son or daughter.
(B) Statement of additional information
The information is a statement of—
(i) the actual residence of each party to
the qualifying marriage since the date the
alien spouse obtained permanent resident
status on a conditional basis under subsection (a), and
(ii) the place of employment (if any) of
each such party since such date, and the
name of the employer of such party.
(2) Period for filing petition
(A) 90-day period before second anniversary
Except as provided in subparagraph (B),
the petition under subsection (c)(1)(A) must
be filed during the 90-day period before the
second anniversary of the alien’s obtaining
the status of lawful admission for permanent
residence.
3 See

References in Text note below.

§ 1186a

(B) Date petitions for good cause
Such a petition may be considered if filed
after such date, but only if the alien establishes to the satisfaction of the Secretary of
Homeland Security good cause and extenuating circumstances for failure to file the
petition during the period described in subparagraph (A).
(C) Filing of petitions during removal
In the case of an alien who is the subject
of removal hearings as a result of failure to
file a petition on a timely basis in accordance with subparagraph (A), the Secretary of
Homeland Security may stay such removal
proceedings against an alien pending the filing of the petition under subparagraph (B).
(3) Personal interview
The interview under subsection (c)(1)(B)
shall be conducted within 90 days after the
date of submitting a petition under subsection
(c)(1)(A) and at a local office of the Department of Homeland Security, designated by the
Secretary of Homeland Security, which is convenient to the parties involved. The Secretary
of Homeland Security, in the Secretary’s discretion, may waive the deadline for such an
interview or the requirement for such an
interview in such cases as may be appropriate.
(e) Treatment of period for purposes of naturalization
For purposes of subchapter III, in the case of
an alien who is in the United States as a lawful
permanent resident on a conditional basis under
this section, the alien shall be considered to
have been admitted as an alien lawfully admitted for permanent residence and to be in the
United States as an alien lawfully admitted to
the United States for permanent residence.
(f) Treatment of certain waivers
In the case of an alien who has permanent residence status on a conditional basis under this
section, if, in order to obtain such status, the
alien obtained a waiver under subsection (h) or
(i) of section 1182 of this title of certain grounds
of inadmissibility, such waiver terminates upon
the termination of such permanent residence
status under this section.
(g) Service in Armed Forces
(1) Filing petition
The 90-day period described in subsection
(d)(2)(A) shall be tolled during any period of
time in which the alien spouse or petitioning
spouse is a member of the Armed Forces of the
United States and serving abroad in an activeduty status in the Armed Forces, except that,
at the option of the petitioners, the petition
may be filed during such active-duty service
at any time after the commencement of such
90-day period.
(2) Personal interview
The 90-day period described in the first sentence of subsection (d)(3) shall be tolled during
any period of time in which the alien spouse or
petitioning spouse is a member of the Armed
Forces of the United States and serving abroad
in an active-duty status in the Armed Forces,

§ 1186a

TITLE 8—ALIENS AND NATIONALITY

except that nothing in this paragraph shall be
construed to prohibit the Secretary of Homeland Security from waiving the requirement
for an interview under subsection (c)(1)(B) pursuant to the Secretary’s authority under the
second sentence of subsection (d)(3).
(h) Definitions
In this section:
(1) The term ‘‘alien spouse’’ means an alien
who obtains the status of an alien lawfully admitted for permanent residence (whether on a
conditional basis or otherwise)—
(A) as an immediate relative (described in
section 1151(b) of this title) as the spouse of
a citizen of the United States,
(B) under section 1184(d) of this title as the
fiancee or fiance of a citizen of the United
States, or
(C) under section 1153(a)(2) of this title as
the spouse of an alien lawfully admitted for
permanent residence,
by virtue of a marriage which was entered into
less than 24 months before the date the alien
obtains such status by virtue of such marriage, but does not include such an alien who
only obtains such status as a result of section
1153(d) of this title.
(2) The term ‘‘alien son or daughter’’ means
an alien who obtains the status of an alien
lawfully admitted for permanent residence
(whether on a conditional basis or otherwise)
by virtue of being the son or daughter of an individual through a qualifying marriage.
(3) The term ‘‘qualifying marriage’’ means
the marriage described to in paragraph (1).
(4) The term ‘‘petitioning spouse’’ means the
spouse of a qualifying marriage, other than
the alien.
(June 27, 1952, ch. 477, title II, ch. 2, § 216, as
added Pub. L. 99–639, § 2(a), Nov. 10, 1986, 100
Stat. 3537; amended Pub. L. 100–525, § 7(a), Oct.
24, 1988, 102 Stat. 2616; Pub. L. 101–649, title VII,
§ 701(a), Nov. 29, 1990, 104 Stat. 5085; Pub. L.
102–232, title III, § 302(e)(8)(B), Dec. 12, 1991, 105
Stat. 1746; Pub. L. 103–322, title IV, § 40702(a),
Sept. 13, 1994, 108 Stat. 1955; Pub. L. 104–208, div.
C, title III, § 308(d)(4)(E), (e)(7), (f)(1)(I), (J), Sept.
30, 1996, 110 Stat. 3009–618, 3009–620, 3009–621; Pub.
L. 106–553, § 1(a)(2) [title XI, § 1103(c)(2)], Dec. 21,
2000, 114 Stat. 2762, 2762A–145; Pub. L. 112–58, § 1,
Nov. 23, 2011, 125 Stat. 747.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), 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.
Subsection (p) of section 1184 of this title, referred to
in subsec. (d)(1)(A)(ii), was redesignated subsec. (r) of
section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117
Stat. 2886.
CODIFICATION
Another section 216 of act June 27, 1952, was renumbered section 218 and is classified to section 1188 of this
title.
AMENDMENTS
2011—Pub. L. 112–58, § 1(b)(2)(B), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’
wherever appearing except in subsec. (g)(2).

Page 204

Subsec. (a)(1). Pub. L. 112–58, § 1(b)(1), substituted
‘‘(h)(1))’’ for ‘‘(g)(1))’’ and ‘‘(h)(2))’’ for ‘‘(g)(2))’’.
Subsec. (c)(1)(B). Pub. L. 112–58, § 1(b)(2)(C), substituted ‘‘Department of Homeland Security’’ for
‘‘Service’’.
Subsec. (d)(3). Pub. L. 112–58, § 1(b)(2)(A), (C), substituted ‘‘Department of Homeland Security’’ for
‘‘Service’’ and ‘‘Secretary’s’’ for ‘‘Attorney General’s’’.
Subsecs. (g), (h). Pub. L. 112–58, § 1(a), added subsec.
(g) and redesignated former subsec. (g) as (h).
2000—Subsecs. (b)(1)(B), (d)(1)(A)(ii). Pub. L. 106–553
substituted ‘‘section 1154(a) of this title or subsection
(d) or (p) of section 1184 of this title’’ for ‘‘section
1154(a) or 1184(d) of this title’’.
1996—Subsec. (b)(1)(A)(i). Pub. L. 104–208, § 308(f)(1)(I),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (b)(2). Pub. L. 104–208, § 308(e)(7), substituted
‘‘removal’’ for ‘‘deportation’’ in heading and ‘‘remove’’
for ‘‘deport’’ in text.
Subsec. (c)(2)(B). Pub. L. 104–208, § 308(e)(7), substituted ‘‘removal’’ for ‘‘deportation’’ in heading and
text.
Subsec. (c)(3)(D). Pub. L. 104–208, § 308(e)(7), substituted ‘‘removal’’ for ‘‘deportation’’ in heading and
‘‘remove’’ for ‘‘deport’’ in text.
Subsec. (c)(4)(A). Pub. L. 104–208, § 308(e)(7), substituted ‘‘removed’’ for ‘‘deported’’.
Subsec. (d)(1)(A)(i)(III). Pub. L. 104–208, § 308(f)(1)(J),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (d)(2)(C). Pub. L. 104–208, § 308(e)(7), substituted ‘‘removal’’ for ‘‘deportation’’ wherever appearing in heading and text.
Subsec. (f). Pub. L. 104–208, § 308(d)(4)(E), substituted
‘‘inadmissibility’’ for ‘‘exclusion’’.
1994—Subsec. (c)(4). Pub. L. 103–322 inserted after second sentence ‘‘In acting on applications under this
paragraph, the Attorney General shall consider any
credible evidence relevant to the application. The determination of what evidence is credible and the weight
to be given that evidence shall be within the sole discretion of the Attorney General.’’
1991—Subsec. (g)(1). Pub. L. 102–232 substituted ‘‘section 1153(d)’’ for ‘‘section 1153(a)(8)’’ in closing provisions.
1990—Subsec. (c)(4). Pub. L. 101–649 struck out ‘‘or’’ at
end of subpar. (A), struck out ‘‘by the alien spouse for
good cause’’ after ‘‘death of the spouse)’’ and substituted ‘‘, or’’ for period at end of subpar. (B), added
subpar. (C), and inserted at end ‘‘The Attorney General
shall, by regulation, establish measures to protect the
confidentiality of information concerning any abused
alien spouse or child, including information regarding
the whereabouts of such spouse or child.’’
1988—Pub. L. 100–525, § 7(a)(1), made technical amendment to directory language of Pub. L. 99–639, § 2(a),
which enacted this section.
Subsec. (c)(3)(A). Pub. L. 100–525, § 7(a)(2), substituted
‘‘90 days’’ for ‘‘90-days’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 40702(b) of Pub. L. 103–322 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this
Act [Sept. 13, 1994] and shall apply to applications made
before, on, or after such date.’’

Page 205

TITLE 8—ALIENS AND NATIONALITY

EFFECTIVE DATE OF 1991 AMENDMENT
Section 302(e)(8) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 162(e) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 701(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply with respect to marriages entered
into before, on, or after the date of the enactment of
this Act [Nov. 29, 1990].’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L. 99–639, see section 7(d) of Pub. L.
100–525, set out as a note under section 1182 of this title.
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.

§ 1186b. Conditional permanent resident status
for certain alien entrepreneurs, spouses, and
children
(a) In general
(1) Conditional basis for status
Notwithstanding any other provision of this
chapter, an alien entrepreneur (as defined in
subsection (f)(1) of this section), alien spouse,
and alien child (as defined in subsection (f)(2)
of this section) shall be considered, at the
time of obtaining the status of an alien lawfully admitted for permanent residence, to
have obtained such status on a conditional
basis subject to the provisions of this section.
(2) Notice of requirements
(A) At time of obtaining permanent residence
At the time an alien entrepreneur, alien
spouse, or alien child obtains permanent
resident status on a conditional basis under
paragraph (1), the Attorney General shall
provide for notice to such an entrepreneur,
spouse, or child respecting the provisions of
this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed.
(B) At time of required petition
In addition, the Attorney General shall attempt to provide notice to such an entrepreneur, spouse, or child, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsection (c)(1) of this section.
(C) Effect of failure to provide notice
The failure of the Attorney General to provide a notice under this paragraph shall not
affect the enforcement of the provisions of
this section with respect to such an entrepreneur, spouse, or child.
(b) Termination of status if finding that qualifying entrepreneurship improper
(1) In general
In the case of an alien entrepreneur with
permanent resident status on a conditional

§ 1186b

basis under subsection (a) of this section, if
the Attorney General determines, before the
second anniversary of the alien’s obtaining the
status of lawful admission for permanent residence, that—
(A) the investment in the commercial enterprise was intended solely as a means of
evading the immigration laws of the United
States,
(B)(i) the alien did not invest, or was not
actively in the process of investing, the requisite capital; or
(ii) the alien was not sustaining the actions described in clause (i) throughout the
period of the alien’s residence in the United
States; or
(C) the alien was otherwise not conforming
to the requirements of section 1153(b)(5) of
this title,
then the Attorney General shall so notify the
alien involved and, subject to paragraph (2),
shall terminate the permanent resident status
of the alien (and the alien spouse and alien
child) involved as of the date of the determination.
(2) Hearing in removal proceeding
Any alien whose permanent resident status
is terminated under paragraph (1) may request
a review of such determination in a proceeding
to remove the alien. In such proceeding, the
burden of proof shall be on the Attorney General to establish, by a preponderance of the
evidence, that a condition described in paragraph (1) is met.
(c) Requirements of timely petition and interview for removal of condition
(1) In general
In order for the conditional basis established
under subsection (a) of this section for an
alien entrepreneur, alien spouse, or alien child
to be removed—
(A) the alien entrepreneur must submit to
the Attorney General, during the period described in subsection (d)(2) of this section, a
petition which requests the removal of such
conditional basis and which states, under
penalty of perjury, the facts and information
described in subsection (d)(1) of this section,
and
(B) in accordance with subsection (d)(3) of
this section, the alien entrepreneur must appear for a personal interview before an officer or employee of the Service respecting
the facts and information described in subsection (d)(1) of this section.
(2) Termination of permanent resident status
for failure to file petition or have personal
interview
(A) In general
In the case of an alien with permanent
resident status on a conditional basis under
subsection (a) of this section, if—
(i) no petition is filed with respect to the
alien in accordance with the provisions of
paragraph (1)(A), or
(ii) unless there is good cause shown, the
alien entrepreneur fails to appear at the
interview described in paragraph (1)(B) (if

§ 1186b

TITLE 8—ALIENS AND NATIONALITY

required under subsection (d)(3) of this section),
the Attorney General shall terminate the
permanent resident status of the alien (and
the alien’s spouse and children if it was obtained on a conditional basis under this section or section 1186a of this title) as of the
second anniversary of the alien’s lawful admission for permanent residence.
(B) Hearing in removal proceeding
In any removal proceeding with respect to
an alien whose permanent resident status is
terminated under subparagraph (A), the burden of proof shall be on the alien to establish
compliance with the conditions of paragraphs (1)(A) and (1)(B).
(3) Determination after petition and interview
(A) In general
If—
(i) a petition is filed in accordance with
the provisions of paragraph (1)(A), and
(ii) the alien entrepreneur appears at
any interview described in paragraph
(1)(B),
the Attorney General shall make a determination, within 90 days of the date of the
such filing 1 or interview (whichever is
later), as to whether the facts and information described in subsection (d)(1) of this section and alleged in the petition are true with
respect to the qualifying commercial enterprise.
(B) Removal of conditional basis if favorable
determination
If the Attorney General determines that
such facts and information are true, the Attorney General shall so notify the alien involved and shall remove the conditional
basis of the alien’s status effective as of the
second anniversary of the alien’s lawful admission for permanent residence.
(C) Termination if adverse determination
If the Attorney General determines that
such facts and information are not true, the
Attorney General shall so notify the alien
involved and, subject to subparagraph (D),
shall terminate the permanent resident
status of an alien entrepreneur, alien spouse,
or alien child as of the date of the determination.
(D) Hearing in removal proceeding
Any alien whose permanent resident
status is terminated under subparagraph (C)
may request a review of such determination
in a proceeding to remove the alien. In such
proceeding, the burden of proof shall be on
the Attorney General to establish, by a preponderance of the evidence, that the facts
and information described in subsection
(d)(1) of this section and alleged in the petition are not true with respect to the qualifying commercial enterprise.
1 So

in original.

Page 206

(d) Details of petition and interview
(1) Contents of petition
Each petition under subsection (c)(1)(A) of
this section shall contain facts and information demonstrating that the alien—
(A)(i) invested, or is actively in the process
of investing, the requisite capital; and
(ii) sustained the actions described in
clause (i) throughout the period of the
alien’s residence in the United States; and
(B) is otherwise conforming to the requirements of section 1153(b)(5) of this title.
(2) Period for filing petition
(A) 90-day period before second anniversary
Except as provided in subparagraph (B),
the petition under subsection (c)(1)(A) of
this section must be filed during the 90-day
period before the second anniversary of the
alien’s lawful admission for permanent residence.
(B) Date petitions for good cause
Such a petition may be considered if filed
after such date, but only if the alien establishes to the satisfaction of the Attorney
General good cause and extenuating circumstances for failure to file the petition during
the period described in subparagraph (A).
(C) Filing of petitions during removal
In the case of an alien who is the subject
of removal hearings as a result of failure to
file a petition on a timely basis in accordance with subparagraph (A), the Attorney
General may stay such removal proceedings
against an alien pending the filing of the petition under subparagraph (B).
(3) Personal interview
The interview under subsection (c)(1)(B) of
this section shall be conducted within 90 days
after the date of submitting a petition under
subsection (c)(1)(A) of this section and at a
local office of the Service, designated by the
Attorney General, which is convenient to the
parties involved. The Attorney General, in the
Attorney General’s discretion, may waive the
deadline for such an interview or the requirement for such an interview in such cases as
may be appropriate.
(e) Treatment of period for purposes of naturalization
For purposes of subchapter III, in the case of
an alien who is in the United States as a lawful
permanent resident on a conditional basis under
this section, the alien shall be considered to
have been admitted as an alien lawfully admitted for permanent residence and to be in the
United States as an alien lawfully admitted to
the United States for permanent residence.
(f) Definitions
In this section:
(1) The term ‘‘alien entrepreneur’’ means an
alien who obtains the status of an alien lawfully admitted for permanent residence
(whether on a conditional basis or otherwise)
under section 1153(b)(5) of this title.
(2) The term ‘‘alien spouse’’ and the term
‘‘alien child’’ mean an alien who obtains the

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TITLE 8—ALIENS AND NATIONALITY

status of an alien lawfully admitted for permanent residence (whether on a conditional
basis or otherwise) by virtue of being the
spouse or child, respectively, of an alien entrepreneur.
(3) The term ‘‘commercial enterprise’’ includes a limited partnership.
(June 27, 1952, ch. 477, title II, ch. 2, § 216A, as
added Pub. L. 101–649, title I, § 121(b)(1), Nov. 29,
1990, 104 Stat. 4990; amended Pub. L. 102–232, title
III, § 302(b)(3), Dec. 12, 1991, 105 Stat. 1743; Pub. L.
104–208, div. C, title III, § 308(e)(8), Sept. 30, 1996,
110 Stat. 3009–620; Pub. L. 107–273, div. C, title I,
§ 11036(b), Nov. 2, 2002, 116 Stat. 1847.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
2002—Subsec. (b)(1)(A). Pub. L. 107–273, § 11036(b)(1)(A),
substituted ‘‘investment in’’ for ‘‘establishment of’’.
Subsec. (b)(1)(B). Pub. L. 107–273, § 11036(b)(1)(B),
amended subpar. (B) generally. Prior to amendment,
subpar. (B) read as follows:
‘‘(B)(i) a commercial enterprise was not established
by the alien,
‘‘(ii) the alien did not invest or was not actively in
the process of investing the requisite capital; or
‘‘(iii) the alien was not sustaining the actions described in clause (i) or (ii) throughout the period of the
alien’s residence in the United States, or’’.
Subsec. (d)(1). Pub. L. 107–273, § 11036(b)(2), reenacted
heading without change and amended text generally.
Prior to amendment, text read as follows: ‘‘Each petition under subsection (c)(1)(A) of this section shall contain facts and information demonstrating that—
‘‘(A) a commercial enterprise was established by
the alien;
‘‘(B) the alien invested or was actively in the process of investing the requisite capital; and
‘‘(C) the alien sustained the actions described in
subparagraphs (A) and (B) throughout the period of
the alien’s residence in the United States.’’
Subsec. (f)(3). Pub. L. 107–273, § 11036(b)(3), added par.
(3).
1996—Subsec. (b)(2). Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘deportation’’ in heading and ‘‘remove’’ for
‘‘deport’’ in text.
Subsec. (c)(2)(B). Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘deportation’’ in heading and text.
Subsec. (c)(3)(D). Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘deportation’’ in heading and ‘‘remove’’ for
‘‘deport’’ in text.
Subsec. (d)(2)(C). Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘deportation’’ wherever appearing in heading and text.
1991—Subsec. (c)(2)(A). Pub. L. 102–232, § 302(b)(3)(A),
in closing provisions inserted parenthetical provision
relating to alien’s spouse and children.
Subsecs.
(c)(3)(B),
(d)(2)(A).
Pub.
L.
102–232,
§ 302(b)(3)(B), struck out ‘‘obtaining the status of’’ before ‘‘lawful admission’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–273 effective Nov. 2, 2002
and applicable to aliens having certain petitions pending under this section or section 1154 of this title on or
after Nov. 2, 2002, see section 11036(c) of Pub. L. 107–273,
set out as a note under section 1153 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective, with certain
transitional provisions, on the first day of the first

§ 1186b

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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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
Section effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L.
101–649, set out as an Effective Date of 1990 Amendment
note under section 1101 of this title.
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.
IMMIGRATION BENEFITS
Pub. L. 107–273, div. C, title I, §§ 11031–11034, Nov. 2,
2002, 116 Stat. 1837–1846, provided that:
‘‘SEC. 11031. REMOVAL OF CONDITIONAL BASIS OF
PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.
‘‘(a) IN GENERAL.—In lieu of the provisions of section
216A(c)(3) of the Immigration and Nationality Act (8
U.S.C. 1186b(c)(3)), subsection (c) shall apply in the case
of an eligible alien described in subsection (b)(1).
‘‘(b) ELIGIBLE ALIENS DESCRIBED.—
‘‘(1) IN GENERAL.—An alien is an eligible alien described in this subsection if the alien—
‘‘(A) filed, under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
(or any predecessor provision), a petition to accord
the alien a status under section 203(b)(5) of such Act
(8 U.S.C. 1153(b)(5)) that was approved by the Attorney General after January 1, 1995, and before August 31, 1998;
‘‘(B) pursuant to such approval, obtained the
status of an alien entrepreneur with permanent
resident status on a conditional basis described in
section 216A of such Act (8 U.S.C. 1186b); and
‘‘(C) timely filed, in accordance with section
216A(c)(1)(A) of such Act (8 U.S.C. 1186b(c)(1)(A)) and
before the date of the enactment of this Act [Nov.
2, 2002], a petition requesting the removal of such
conditional basis.
‘‘(2) REOPENING PETITIONS PREVIOUSLY DENIED.—
‘‘(A) IN GENERAL.—In the case of a petition described in paragraph (1)(C) that was denied under
section 216A(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)(C)) before the
date of the enactment of this Act, upon a motion to
reopen such petition filed by the eligible alien not
later than 60 days after such date, the Attorney
General shall make determinations on such petition pursuant to subsection (c).
‘‘(B) PETITIONERS ABROAD.—In the case of such an
eligible alien who is no longer physically present in
the United States, the Attorney General shall establish a process under which the alien may be paroled into the United States if necessary in order to
obtain the determinations under subsection (c), unless the Attorney General finds that—
‘‘(i) the alien is inadmissible or deportable on
any ground; or
‘‘(ii) the petition described in paragraph (1)(C)
was denied on the ground that it contains a material misrepresentation in the facts and information described in section 216A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1))
and alleged in the petition with respect to a commercial enterprise.

§ 1186b

TITLE 8—ALIENS AND NATIONALITY

‘‘(C) DEPORTATION OR REMOVAL PROCEEDINGS.—In
the case of such an eligible alien who was placed in
deportation or removal proceedings by reason of
the denial of the petition described in paragraph
(1)(C), a motion to reopen filed under subparagraph
(A) shall be treated as a motion to reopen such proceedings. The Attorney General shall grant such
motion notwithstanding any time and number limitations imposed by law on motions to reopen such
proceedings, except that the scope of any proceeding reopened on this basis shall be limited to
whether any order of deportation or removal should
be vacated, and the alien granted the status of an
alien lawfully admitted for permanent residence
(unconditionally or on a conditional basis), by reason of the determinations made under subsection
(c). An alien who is inadmissible or deportable on
any ground shall not be granted such status, except
that this prohibition shall not apply to an alien
who has been paroled into the United States under
subparagraph (B).
‘‘(c) DETERMINATIONS ON PETITIONS.—
‘‘(1) INITIAL DETERMINATION.—
‘‘(A) IN GENERAL.—With respect to each eligible
alien described in subsection (b)(1), the Attorney
General shall make a determination, not later than
180 days after the date of the enactment of this Act
[Nov. 2, 2002], whether—
‘‘(i) the petition described in subsection
(b)(1)(C) contains any material misrepresentation
in the facts and information described in section
216A(d)(1) of the Immigration and Nationality Act
(8 U.S.C. 1186b(d)(1)) and alleged in the petition
with respect to a commercial enterprise (regardless of whether such enterprise is a limited partnership and regardless of whether the alien entered the enterprise after its formation);
‘‘(ii) subject to subparagraphs (B) and (C), such
enterprise created full-time jobs for not fewer
than 10 United States citizens or aliens lawfully
admitted for permanent residence or other immigrants lawfully authorized to be employed in the
United States (other than the eligible alien and
the alien’s spouse, sons, or daughters), and those
jobs exist or existed on any of the dates described
in subparagraph (D); and
‘‘(iii) on any of the dates described in subparagraph (D), the alien is in substantial compliance
with the capital investment requirement described in section 216A(d)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)(B)).
‘‘(B) INVESTMENT UNDER PILOT IMMIGRATION PROGRAM.—For purposes of subparagraph (A)(ii), an investment that satisfies the requirements of section
610(c) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note), as in effect on the date of the enactment of this Act [Nov.
2, 2002], shall be deemed to satisfy the requirements
of such subparagraph.
‘‘(C) EXCEPTION FOR TROUBLED BUSINESSES.—In the
case of an eligible alien who has made a capital investment in a troubled business (as defined in 8
CFR 204.6(e), as in effect on the date of the enactment of this Act), in lieu of the determination
under subparagraph (A)(ii), the Attorney General
shall determine whether the number of employees
of the business, as measured on any of the dates described in subparagraph (D), is at no less than the
pre-investment level.
‘‘(D) DATES.—The dates described in this subparagraph are the following:
‘‘(i) The date on which the petition described in
subsection (b)(1)(C) is filed.
‘‘(ii) 6 months after the date described in clause
(i).
‘‘(iii) The date on which the determination
under subparagraph (A) or (C) is made.
‘‘(E) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE
DETERMINATION.—If the Attorney General renders

Page 208

an affirmative determination with respect to
clauses (ii) and (iii) of subparagraph (A), and if the
Attorney General renders a negative determination
with respect to clause (i) of such subparagraph, the
Attorney General shall so notify the alien involved
and shall remove the conditional basis of the alien’s
status (and that of the alien’s spouse and children
if it was obtained under section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)) effective as of the second anniversary of the alien’s lawful admission for permanent residence.
‘‘(F) REQUIREMENTS RELATING TO ADVERSE DETERMINATIONS.—
‘‘(i) NOTICE.—If the Attorney General renders an
adverse determination with respect to clause (i),
(ii), or (iii) of subparagraph (A), the Attorney
General shall so notify the alien involved. The notice shall be in writing and shall state the factual
basis for any adverse determination. The Attorney General shall provide the alien with an opportunity to submit evidence to rebut any adverse
determination. If the Attorney General reverses
all adverse determinations pursuant to such rebuttal, the Attorney General shall so notify the
alien involved and shall remove the conditional
basis of the alien’s status (and that of the alien’s
spouse and children if it was obtained under section 216A of the Immigration and Nationality Act
(8 U.S.C. 1186b)) effective as of the second anniversary of the alien’s lawful admission for permanent residence.
‘‘(ii) CONTINUATION OF CONDITIONAL BASIS IF CERTAIN ADVERSE DETERMINATIONS.—If the Attorney
General renders an adverse determination with
respect to clause (ii) or (iii) of subparagraph (A),
and the eligible alien’s rebuttal does not cause
the Attorney General to reverse such determination, the Attorney General shall continue the
conditional basis of the alien’s permanent resident status (and that of the alien’s spouse and
children if it was obtained under section 216A of
the Immigration and Nationality Act (8 U.S.C.
1186b)) for a 2-year period.
‘‘(iii) TERMINATION IF ADVERSE DETERMINATION.—If the Attorney General renders an adverse
determination with respect to subparagraph
(A)(i), and the eligible alien’s rebuttal does not
cause the Attorney General to reverse such determination, the Attorney General shall so notify
the alien involved and, subject to subsection (d),
shall terminate the permanent resident status of
the alien (and that of the alien’s spouse and children if it was obtained on a conditional basis
under section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)).
‘‘(iv) ADMINISTRATIVE AND JUDICIAL REVIEW.—An
alien may seek administrative review of an adverse determination made under subparagraph (A)
by filing a petition for such review with the
Board of Immigration Appeals. If the Board of Immigration Appeals denies the petition, the alien
may seek judicial review. The procedures for judicial review under this clause shall be the same as
the procedures for judicial review of a final order
of removal under section 242(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(1)). During the period in which an administrative or judicial appeal under this clause is pending, the Attorney General shall continue the conditional
basis of the alien’s permanent resident status
(and that of the alien’s spouse and children if it
was obtained under section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)).
‘‘(2) SECOND DETERMINATION.—
‘‘(A) AUTHORIZATION TO CONSIDER INVESTMENTS IN
OTHER COMMERCIAL ENTERPRISES.—In determining
under this paragraph whether to remove a conditional basis continued under paragraph (1)(F)(ii)
with respect to an alien, the Attorney General shall
consider any capital investment made by the alien

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TITLE 8—ALIENS AND NATIONALITY

in a commercial enterprise (regardless of whether
such enterprise is a limited partnership and regardless of whether the alien entered the enterprise
after its formation), in the United States, regardless of whether that investment was made before or
after the determinations under paragraph (1) and
regardless of whether the commercial enterprise is
the same as that considered in the determinations
under such paragraph, if facts and information with
respect to the investment and the enterprise are included in the petition submitted under subparagraph (B).
‘‘(B) PETITION.—In order for a conditional basis
continued under paragraph (1)(F)(ii) for an eligible
alien (and the alien’s spouse and children) to be removed, the alien must submit to the Attorney General, during the period described in subparagraph
(C), a petition which requests the removal of such
conditional basis and which states, under penalty of
perjury, the facts and information described in subparagraphs (A) and (B) of section 216A(d)(1) of the
Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)) with respect to any commercial enterprise (regardless of whether such enterprise is a
limited partnership and regardless of whether the
alien entered the enterprise after its formation)
which the alien desires to have considered under
this paragraph, regardless of whether such enterprise was created before or after the determinations
made under paragraph (1).
‘‘(C) PERIOD FOR FILING PETITION.—
‘‘(i) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY.—Except as provided in clause (ii), the petition under subparagraph (B) must be filed during
the 90-day period before the second anniversary of
the continuation, under paragraph (1)(F)(ii), of
the conditional basis of the alien’s lawful admission for permanent residence.
‘‘(ii) DATE PETITIONS FOR GOOD CAUSE.—Such a
petition may be considered if filed after such
date, but only if the alien establishes to the satisfaction of the Attorney General good cause and
extenuating circumstances for failure to file the
petition during the period described in clause (i).
‘‘(D) TERMINATION OF PERMANENT RESIDENT STATUS
FOR FAILURE TO FILE PETITION.—
‘‘(i) IN GENERAL.—In the case of an alien with
permanent resident status on a conditional basis
under paragraph (1)(F)(ii), if no petition is filed
with respect to the alien in accordance with subparagraph (B), the Attorney General shall terminate the permanent resident status of the alien
(and the alien’s spouse and children if it was obtained on a conditional basis under section 216A
of the Immigration and Nationality Act (8 U.S.C.
1186b)) as of the second anniversary of the continuation, under paragraph (1)(F)(ii), of the conditional basis of the alien’s lawful admission for
permanent residence.
‘‘(ii) HEARING IN REMOVAL PROCEEDING.—In any
removal proceeding with respect to an alien
whose permanent resident status is terminated
under clause (i), the burden of proof shall be on
the alien to establish compliance with subparagraph (B).
‘‘(E) DETERMINATIONS AFTER PETITION.—If a petition is filed by an eligible alien in accordance with
subparagraph (B), the Attorney General shall make
a determination, within 90 days of the date of such
filing, whether—
‘‘(i) the petition contains any material misrepresentation in the facts and information alleged in the petition with respect to the commercial enterprises included in such petition;
‘‘(ii) all such enterprises, considered together,
created full-time jobs for not fewer than 10 United
States citizens or aliens lawfully admitted for
permanent residence or other immigrants lawfully authorized to be employed in the United
States (other than the eligible alien and the

§ 1186b

alien’s spouse, sons, or daughters), and those jobs
exist on the date on which the determination is
made, except that—
‘‘(I) this clause shall apply only if the Attorney General made an adverse determination
with respect to the eligible alien under paragraph (1)(A)(ii);
‘‘(II) the provisions of subparagraphs (B) and
(C) of paragraph (1) shall apply to a determination under this clause in the same manner as
they apply to a determination under paragraph
(1)(A)(ii); and
‘‘(III) if the Attorney General determined
under paragraph (1)(A)(ii) that any jobs satisfying the requirement of such paragraph were created, the number of those jobs shall be subtracted from the number of jobs otherwise needed to satisfy the requirement of this clause; and
‘‘(iii) considering all such enterprises together,
on the date on which the determination is made,
the eligible alien is in substantial compliance
with the capital investment requirement described in section 216A(d)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)(B)),
except that—
‘‘(I) this clause shall apply only if the Attorney General made an adverse determination
with respect to the eligible alien under paragraph (1)(A)(iii); and
‘‘(II) if the Attorney General determined
under paragraph (1)(A)(iii) that any capital
amount was invested that could be credited towards compliance with the capital investment
requirement described in section 216A(d)(1)(B)
of the Immigration and Nationality Act (8
U.S.C. 1186b(d)(1)(B)), such amount shall be subtracted from the amount of capital otherwise
needed to satisfy the requirement of this clause.
‘‘(F) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE
DETERMINATION.—If the Attorney General renders
an affirmative determination with respect to
clauses (ii) and (iii) of subparagraph (E), and if the
Attorney General renders a negative determination
with respect to clause (i) of such subparagraph, the
Attorney General shall so notify the alien involved
and shall remove the conditional basis of the alien’s
status (and that of the alien’s spouse and children
if it was obtained under section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)) effective as of the second anniversary of the continuation, under paragraph (1)(F)(ii), of the conditional
basis of the alien’s lawful admission for permanent
residence.
‘‘(G) REQUIREMENTS RELATING TO ADVERSE DETERMINATIONS.—
‘‘(i) NOTICE.—If the Attorney General renders an
adverse determination under subparagraph (E),
the Attorney General shall so notify the alien involved. The notice shall be in writing and shall
state the factual basis for any adverse determination. The Attorney General shall provide the
alien with an opportunity to submit evidence to
rebut any adverse determination. If the Attorney
General reverses all adverse determinations pursuant to such rebuttal, the Attorney General
shall so notify the alien involved and shall remove the conditional basis of the alien’s status
(and that of the alien’s spouse and children if it
was obtained under section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)) effective as of the second anniversary of the continuation, under paragraph (1)(F)(ii), of the conditional basis of the alien’s lawful admission for
permanent residence.
‘‘(ii) TERMINATION IF ADVERSE DETERMINATION.—
If the eligible alien’s rebuttal does not cause the
Attorney General to reverse each adverse determination under subparagraph (E), the Attorney
General shall so notify the alien involved and,
subject to subsection (d), shall terminate the per-

§ 1186b

TITLE 8—ALIENS AND NATIONALITY

manent resident status of the alien (and that of
the alien’s spouse and children if it was obtained
on a conditional basis under section 216A of the
Immigration and Nationality Act (8 U.S.C.
1186b)).
‘‘(d) HEARING IN REMOVAL PROCEEDING.—Any alien
whose permanent resident status is terminated under
paragraph (1)(F)(iii) or (2)(G)(ii) of subsection (c) may
request a review of such determination in a proceeding
to remove the alien. In such proceeding, the burden of
proof shall be on the Attorney General.
‘‘(e) CLARIFICATION WITH RESPECT TO CHILDREN.—In
the case of an alien who obtained the status of an alien
lawfully admitted for permanent residence on a conditional basis before the date of the enactment of this
Act [Nov. 2, 2002] by virtue of being the child of an eligible alien described in subsection (b)(1), the alien shall
be considered to be a child for purposes of this section
regardless of any change in age or marital status after
obtaining such status.
‘‘(f) DEFINITION OF FULL-TIME.—For purposes of this
section, the term ‘full-time’ means a position that requires at least 35 hours of service per week at any time,
regardless of who fills the position.
‘‘SEC. 11032. CONDITIONAL PERMANENT RESIDENT
STATUS
FOR
CERTAIN
ALIEN
ENTREPRENEURS, SPOUSES, AND CHILDREN.
‘‘(a) IN GENERAL.—With respect to each eligible alien
described in subsection (b), the Attorney General or the
Secretary of State shall approve the application described in subsection (b)(2) and grant the alien (and any
spouse or child of the alien, if the spouse or child is eligible to receive a visa under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))) the
status of an alien lawfully admitted for permanent residence on a conditional basis under section 216A of such
Act (8 U.S.C. 1186b). Such application shall be approved
not later than 180 days after the date of the enactment
of this Act [Nov. 2, 2002].
‘‘(b) ELIGIBLE ALIENS DESCRIBED.—An alien is an eligible alien described in this subsection if the alien—
‘‘(1) filed, under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or
any predecessor provision), a petition to accord the
alien a status under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)) that was approved by the Attorney
General after January 1, 1995, and before August 31,
1998;
‘‘(2) pursuant to such approval, timely filed before
the date of the enactment of this Act [Nov. 2, 2002] an
application for adjustment of status under section 245
of such Act (8 U.S.C. 1255) or an application for an immigrant visa under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)); and
‘‘(3) is not inadmissible or deportable on any
ground.
‘‘(c) TREATMENT OF CERTAIN APPLICATIONS.—
‘‘(1) REVOCATION OF APPROVAL OF PETITIONS.—If the
Attorney General revoked the approval of a petition
described in subsection (b)(1), such revocation shall
be disregarded for purposes of this section if it was
based on a determination that the alien failed to satisfy section 203(b)(5)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)).
‘‘(2) APPLICATIONS NO LONGER PENDING.—
‘‘(A) IN GENERAL.—If an application described in
subsection (b)(2) is not pending on the date of the
enactment of this Act [Nov. 2, 2002], the Attorney
General shall disregard the circumstances leading
to such lack of pendency and treat it as reopened,
if such lack of pendency is due to a determination
that the alien—
‘‘(i) failed to satisfy section 203(b)(5)(A)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)(A)(ii)); or
‘‘(ii) departed the United States without advance parole.
‘‘(B) APPLICANTS ABROAD.—In the case of an eligible alien who filed an application for adjustment of

Page 210

status described in subsection (b)(2), but who is no
longer physically present in the United States, the
Attorney General shall establish a process under
which the alien may be paroled into the United
States if necessary in order to obtain adjustment of
status under this section.
‘‘(d) RECORDATION OF DATE; REDUCTION OF NUMBERS.—
Upon the approval of an application under subsection
(a), the Attorney General shall record the alien’s lawful
admission for permanent residence on a conditional
basis as of the date of such approval and the Secretary
of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(5)
of the Immigration and Nationality Act (8 U.S.C.
1151(d) and 1153(b)(5)) for the fiscal year then current.
‘‘(e) REMOVAL OF CONDITIONAL BASIS.—
‘‘(1) PETITION.—In order for a conditional basis established under this section for an alien (and the
alien’s spouse and children) to be removed, the alien
must satisfy the requirements of section 216A(c)(1) of
the Immigration and Nationality Act (8 U.S.C.
1186b(c)(1)), including the submission of a petition in
accordance with subparagraph (A) of such section.
Such petition may include the facts and information
described in subparagraphs (A) and (B) of section
216A(d)(1) of the Immigration and Nationality Act (8
U.S.C. 1186b(d)(1)) with respect to any commercial enterprise (regardless of whether such enterprise is a
limited partnership and regardless of whether the
alien entered the enterprise after its formation) in
the United States in which the alien has made a capital investment at any time.
‘‘(2) DETERMINATION.—In carrying out section
216A(c)(3) of the Immigration and Nationality Act (8
U.S.C. 1186b(c)(3)) with respect to an alien described
in paragraph (1), the Attorney General, in lieu of the
determination described in such section 216A(c)(3),
shall make a determination, within 90 days of the
date of such filing, whether—
‘‘(A) the petition described in paragraph (1) contains any material misrepresentation in the facts
and information alleged in the petition with respect
to the commercial enterprises included in the petition;
‘‘(B) subject to subparagraphs (B) and (C) of section 11031(c)(1), all such enterprises, considered together, created full-time jobs for not fewer than 10
United States citizens or aliens lawfully admitted
for permanent residence or other immigrants lawfully authorized to be employed in the United
States (other than the alien and the alien’s spouse,
sons, or daughters), and those jobs exist or existed
on either of the dates described in paragraph (3);
and
‘‘(C) considering the alien’s investments in such
enterprises on either of the dates described in paragraph (3), or on both such dates, the alien is or was
in substantial compliance with the capital investment requirement described in section 216A(d)(1)(B)
of the Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)(B)).
‘‘(3) DATES.—The dates described in this paragraph
are the following:
‘‘(A) The date on which the application described
in subsection (b)(2) was filed.
‘‘(B) The date on which the determination under
paragraph (2) is made.
‘‘(f) CLARIFICATION WITH RESPECT TO CHILDREN.—In
the case of an alien who was a child on the date on
which the application described in subsection (b)(2) was
filed, the alien shall be considered to be a child for purposes of this section regardless of any change in age or
marital status after such date.
‘‘SEC. 11033. REGULATIONS.
‘‘The Immigration and Naturalization Service shall
promulgate regulations to implement this chapter
[chapter 1 (§§ 11031–11034) of subtitle B of title I of div.
C of Pub. L. 107–273, enacting this note] not later than
120 days after the date of enactment of this Act [Nov.

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TITLE 8—ALIENS AND NATIONALITY

2, 2002]. Until such regulations are promulgated, the
Attorney General shall not deny a petition filed or
pending under section 216A(c)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1186b(c)(1)(A)) that relates to an eligible alien described in section 11031, or
on an application filed or pending under section 245 of
such Act (8 U.S.C. 1255) that relates to an eligible alien
described in section 11032. Until such regulations are
promulgated, the Attorney General shall not initiate or
proceed with removal proceedings under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a)
that relate to an eligible alien described in section
11031 or 11032.
‘‘SEC. 11034. DEFINITIONS.
‘‘Except as otherwise provided, the terms used in this
chapter shall have the meaning given such terms in
section 101(b) of the Immigration and Nationality Act
(8 U.S.C. 1101(b)).’’

§ 1187. Visa waiver program for certain visitors
(a) Establishment of program
The Attorney General and the Secretary of
State are authorized to establish a program
(hereinafter in this section referred to as the
‘‘program’’) under which the requirement of
paragraph (7)(B)(i)(II) of section 1182(a) of this
title may be waived by the Attorney General, in
consultation with the Secretary of State and in
accordance with this section, in the case of an
alien who meets the following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during
the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title)
for a period not exceeding 90 days.
(2) National of program country
The alien is a national of, and presents a
passport issued by, a country which—
(A) extends (or agrees to extend), either on
its own or in conjunction with one or more
other countries that are described in subparagraph (B) and that have established with
it a common area for immigration admissions, reciprocal privileges to citizens and
nationals of the United States, and
(B) is designated as a pilot program country under subsection (c) of this section.
(3) Machine readable passport
(A) In general
Except as provided in subparagraph (B), on
or after October 1, 2003, the alien at the time
of application for admission is in possession
of a valid unexpired machine-readable passport that satisfies the internationally accepted standard for machine readability.
(B) Limited waiver authority
For the period beginning October 1, 2003,
and ending September 30, 2007, the Secretary
of State may waive the requirement of subparagraph (A) with respect to nationals of a
program country (as designated under subsection (c) of this section), if the Secretary
of State finds that the program country—
(i) is making progress toward ensuring
that passports meeting the requirement of
subparagraph (A) are generally available
to its nationals; and
(ii) has taken appropriate measures to
protect against misuse of passports the

§ 1187

country has issued that do not meet the
requirement of subparagraph (A).
(4) Executes immigration forms
The alien before the time of such admission
completes such immigration form as the Attorney General shall establish.
(5) Entry into the United States
If arriving by sea or air, the alien arrives at
the port of entry into the United States on a
carrier, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft
that is owned or operated by a domestic corporation conducting operations under part 91
of title 14, Code of Federal Regulations 1 which
has entered into an agreement with the Attorney General pursuant to subsection (e) of this
section. The Attorney General is authorized to
require a carrier conducting operations under
part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting
operations under part 91 of that title, to give
suitable and proper bond, in such reasonable
amount and containing such conditions as the
Attorney General may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such
an agreement.
(6) Not a safety threat
The alien has been determined not to represent a threat to the welfare, health, safety,
or security of the United States.
(7) No previous violation
If the alien previously was admitted without
a visa under this section, the alien must not
have failed to comply with the conditions of
any previous admission as such a nonimmigrant.
(8) Round-trip ticket
The alien is in possession of a round-trip
transportation ticket (unless this requirement
is waived by the Attorney General under regulations or the alien is arriving at the port of
entry on an aircraft operated under part 135 of
title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated
by a domestic corporation conducting operations under part 91 of title 14, Code of Federal
Regulations).
(9) Automated system check
The identity of the alien has been checked
using an automated electronic database containing information about the inadmissibility
of aliens to uncover any grounds on which the
alien may be inadmissible to the United
States, and no such ground has been found.
(10) Electronic transmission of identification
information
Operators of aircraft under part 135 of title
14, Code of Federal Regulations, or operators
of noncommercial aircraft that are owned or
operated by a domestic corporation conducting operations under part 91 of title 14, Code of
Federal Regulations, carrying any alien pas1 So

in original. Probably should be followed by a comma.

§ 1187

TITLE 8—ALIENS AND NATIONALITY

senger who will apply for admission under this
section shall furnish such information as the
Attorney General by regulation shall prescribe
as necessary for the identification of any alien
passenger being transported and for the enforcement of the immigration laws. Such information shall be electronically transmitted
not less than one hour prior to arrival at the
port of entry for purposes of checking for inadmissibility using the automated electronic
database.
(11) Eligibility determination under the electronic travel authorization system
Beginning on the date on which the electronic travel authorization system developed
under subsection (h)(3) is fully operational,
each alien traveling under the program shall,
before applying for admission to the United
States, electronically provide to the system
biographical information and such other information as the Secretary of Homeland Security
shall determine necessary to determine the
eligibility of, and whether there exists a law
enforcement or security risk in permitting,
the alien to travel to the United States. Upon
review of such biographical information, the
Secretary of Homeland Security shall determine whether the alien is eligible to travel to
the United States under the program.
(b) Waiver of rights
An alien may not be provided a waiver under
the program unless the alien has waived any
right—
(1) to review or appeal under this chapter of
an immigration officer’s determination as to
the admissibility of the alien at the port of
entry into the United States, or
(2) to contest, other than on the basis of an
application for asylum, any action for removal
of the alien.
(c) Designation of program countries
(1) In general
The Attorney General, in consultation with
the Secretary of State, may designate any
country as a program country if it meets the
requirements of paragraph (2).
(2) Qualifications
Except as provided in subsection (f) of this
section, a country may not be designated as a
program country unless the following requirements are met:
(A) Low nonimmigrant visa refusal rate
Either—
(i) the average number of refusals of nonimmigrant visitor visas for nationals of
that country during—
(I) the two previous full fiscal years
was less than 2.0 percent of the total
number of nonimmigrant visitor visas
for nationals of that country which were
granted or refused during those years;
and
(II) either of such two previous full fiscal years was less than 2.5 percent of the
total number of nonimmigrant visitor
visas for nationals of that country which
were granted or refused during that year;
or

Page 212

(ii) such refusal rate for nationals of that
country during the previous full fiscal
year was less than 3.0 percent.
(B) Machine readable passport program
(i) In general
Subject to clause (ii), the government of
the country certifies that it issues to its
citizens machine-readable passports that
satisfy the internationally accepted standard for machine readability.
(ii) Deadline for compliance for certain
countries
In the case of a country designated as a
program country under this subsection
prior to May 1, 2000, as a condition on the
continuation of that designation, the
country—
(I) shall certify, not later than October
1, 2000, that it has a program to issue
machine-readable passports to its citizens not later than October 1, 2003; and
(II) shall satisfy the requirement of
clause (i) not later than October 1, 2003.
(C) Law enforcement and security interests
The Attorney General, in consultation
with the Secretary of State—
(i) evaluates the effect that the country’s designation would have on the law
enforcement and security interests of the
United States (including the interest in
enforcement of the immigration laws of
the United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States
individuals, including its own nationals,
who commit crimes that violate United
States law);
(ii) determines that such interests would
not be compromised by the designation of
the country; and
(iii) submits a written report to the
Committee on the Judiciary and the Committee on International Relations of the
House of Representatives and the Committee on the Judiciary and the Committee on
Foreign Relations of the Senate regarding
the country’s qualification for designation
that includes an explanation of such determination.
(D) Reporting lost and stolen passports
The government of the country enters into
an agreement with the United States to report, or make available through Interpol or
other means as designated by the Secretary
of Homeland Security, to the United States
Government information about the theft or
loss of passports within a strict time limit
and in a manner specified in the agreement.
(E) Repatriation of aliens
The government of the country accepts for
repatriation any citizen, former citizen, or
national of the country against whom a final
executable order of removal is issued not
later than three weeks after the issuance of
the final order of removal. Nothing in this
subparagraph creates any duty for the
United States or any right for any alien with

Page 213

TITLE 8—ALIENS AND NATIONALITY

respect to removal or release. Nothing in
this subparagraph gives rise to any cause of
action or claim under this paragraph or any
other law against any official of the United
States or of any State to compel the release,
removal, or consideration for release or removal of any alien.
(F) Passenger information exchange
The government of the country enters into
an agreement with the United States to
share information regarding whether citizens and nationals of that country traveling
to the United States represent a threat to
the security or welfare of the United States
or its citizens.
(3) Continuing and subsequent qualifications
For each fiscal year after the initial period—
(A) Continuing qualification
In the case of a country which was a program country in the previous fiscal year, a
country may not be designated as a program
country unless the sum of—
(i) the total of the number of nationals
of that country who were denied admission
at the time of arrival or withdrew their application for admission during such previous fiscal year as a nonimmigrant visitor, and
(ii) the total number of nationals of that
country who were admitted as nonimmigrant visitors during such previous
fiscal year and who violated the terms of
such admission,
was less than 2 percent of the total number
of nationals of that country who applied for
admission as nonimmigrant visitors during
such previous fiscal year.
(B) New countries
In the case of another country, the country may not be designated as a program
country unless the following requirements
are met:
(i) Low nonimmigrant visa refusal rate in
previous 2-year period
The average number of refusals of nonimmigrant visitor visas for nationals of
that country during the two previous full
fiscal years was less than 2 percent of the
total number of nonimmigrant visitor
visas for nationals of that country which
were granted or refused during those
years.
(ii) Low nonimmigrant visa refusal rate in
each of the 2 previous years
The average number of refusals of nonimmigrant visitor visas for nationals of
that country during either of such two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant
visitor visas for nationals of that country
which were granted or refused during that
year.
(4) Initial period
For purposes of paragraphs (2) and (3), the
term ‘‘initial period’’ means the period beginning at the end of the 30-day period described

§ 1187

in subsection (b)(1) of this section and ending
on the last day of the first fiscal year which
begins after such 30-day period.
(5) Written reports on continuing qualification;
designation terminations
(A) Periodic evaluations
(i) In general
The Secretary of Homeland Security, in
consultation with the Secretary of State,
periodically (but not less than once every
2 years)—
(I) shall evaluate the effect of each
program country’s continued designation
on the law enforcement and security interests of the United States (including
the interest in enforcement of the immigration laws of the United States and
the existence and effectiveness of its
agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit
crimes that violate United States law);
(II) shall determine, based upon the
evaluation in subclause (I), whether any
such designation ought to be continued
or terminated under subsection (d) of
this section;
(III) shall submit a written report to
the Committee on the Judiciary, the
Committee on Foreign Affairs, and the
Committee on Homeland Security, of the
House of Representatives and the Committee on the Judiciary, the Committee
on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate regarding
the continuation or termination of the
country’s designation that includes an
explanation of such determination and
the effects described in subclause (I); and
(IV) shall submit to Congress a report
regarding the implementation of the
electronic travel authorization system
under subsection (h)(3) and the participation of new countries in the program
through a waiver under paragraph (8).
(ii) Effective date
A termination of the designation of a
country under this subparagraph shall
take effect on the date determined by the
Secretary of Homeland Security, in consultation with the Secretary of State.
(iii) Redesignation
In the case of a termination under this
subparagraph, the Secretary of Homeland
Security shall redesignate the country as a
program country, without regard to subsection (f) of this section or paragraph (2)
or (3), when the Secretary of Homeland Security, in consultation with the Secretary
of State, determines that all causes of the
termination have been eliminated.
(B) Emergency termination
(i) In general
In the case of a program country in
which an emergency occurs that the Secretary of Homeland Security, in consulta-

§ 1187

TITLE 8—ALIENS AND NATIONALITY
tion with the Secretary of State, determines threatens the law enforcement or
security interests of the United States (including the interest in enforcement of the
immigration laws of the United States),
the Secretary of Homeland Security shall
immediately terminate the designation of
the country as a program country.
(ii) Definition
For purposes of clause (i), the term
‘‘emergency’’ means—
(I) the overthrow of a democratically
elected government;
(II) war (including undeclared war,
civil war, or other military activity) on
the territory of the program country;
(III) a severe breakdown in law and
order affecting a significant portion of
the program country’s territory;
(IV) a severe economic collapse in the
program country; or
(V) any other extraordinary event in
the program country that threatens the
law enforcement or security interests of
the United States (including the interest
in enforcement of the immigration laws
of the United States) and where the
country’s participation in the program
could contribute to that threat.
(iii) Redesignation
The Secretary of Homeland Security
may redesignate the country as a program
country, without regard to subsection (f)
of this section or paragraph (2) or (3), when
the Secretary of Homeland Security, in
consultation with the Secretary of State,
determines that—
(I) at least 6 months have elapsed since
the effective date of the termination;
(II) the emergency that caused the termination has ended; and
(III) the average number of refusals of
nonimmigrant visitor visas for nationals
of that country during the period of termination under this subparagraph was
less than 3.0 percent of the total number
of nonimmigrant visitor visas for nationals of that country which were granted
or refused during such period.
(iv) Program suspension authority
The Director of National Intelligence
shall immediately inform the Secretary of
Homeland Security of any current and
credible threat which poses an imminent
danger to the United States or its citizens
and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in
consultation with the Secretary of State—
(I) may suspend a country from the
visa waiver program without prior notice;
(II) shall notify any country suspended
under subclause (I) and, to the extent
practicable without disclosing sensitive
intelligence sources and methods, provide justification for the suspension; and
(III) shall restore the suspended country’s participation in the visa waiver

Page 214

program upon a determination that the
threat no longer poses an imminent danger to the United States or its citizens.
(C) Treatment of nationals after termination
For purposes of this paragraph—
(i) nationals of a country whose designation is terminated under subparagraph (A)
or (B) shall remain eligible for a waiver
under subsection (a) of this section until
the effective date of such termination; and
(ii) a waiver under this section that is
provided to such a national for a period described in subsection (a)(1) of this section
shall not, by such termination, be deemed
to have been rescinded or otherwise rendered invalid, if the waiver is granted prior
to such termination.
(6) Computation of visa refusal rates
For purposes of determining the eligibility
of a country to be designated as a program
country, the calculation of visa refusal rates
shall not include any visa refusals which incorporate any procedures based on, or are
otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law
or regulation. No court shall have jurisdiction
under this paragraph to review any visa refusal, the denial of admission to the United
States of any alien by the Attorney General,
the Secretary’s computation of the visa refusal rate, or the designation or nondesignation of any country.
(7) Visa waiver information
(A) In general
In refusing the application of nationals of
a program country for United States visas,
or the applications of nationals of a country
seeking entry into the visa waiver program,
a consular officer shall not knowingly or intentionally classify the refusal of the visa
under a category that is not included in the
calculation of the visa refusal rate only so
that the percentage of that country’s visa
refusals is less than the percentage limitation applicable to qualification for participation in the visa waiver program.
(B) Reporting requirement
On May 1 of each year, for each country
under consideration for inclusion in the visa
waiver program, the Secretary of State shall
provide to the appropriate congressional
committees—
(i) the total number of nationals of that
country that applied for United States
visas in that country during the previous
calendar year;
(ii) the total number of such nationals
who received United States visas during
the previous calendar year;
(iii) the total number of such nationals
who were refused United States visas during the previous calendar year;
(iv) the total number of such nationals
who were refused United States visas during the previous calendar year under each
provision of this chapter under which the
visas were refused; and
(v) the number of such nationals that
were refused under section 1184(b) of this

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TITLE 8—ALIENS AND NATIONALITY

title as a percentage of the visas that were
issued to such nationals.
(C) Certification
Not later than May 1 of each year, the
United States chief of mission, acting or permanent, to each country under consideration for inclusion in the visa waiver program shall certify to the appropriate congressional committees that the information
described in subparagraph (B) is accurate
and provide a copy of that certification to
those committees.
(D) Consideration of countries in the visa
waiver program
Upon notification to the Attorney General
that a country is under consideration for inclusion in the visa waiver program, the Secretary of State shall provide all of the information described in subparagraph (B) to the
Attorney General.
(E) Definition
In this paragraph, the term ‘‘appropriate
congressional committees’’ means the Committee on the Judiciary and the Committee
on Foreign Relations of the Senate and the
Committee on the Judiciary and the Committee on International Relations of the
House of Representatives.
(8) Nonimmigrant visa refusal rate flexibility
(A) Certification
(i) In general
On the date on which an air exit system
is in place that can verify the departure of
not less than 97 percent of foreign nationals who exit through airports of the United
States and the electronic travel authorization system required under subsection
(h)(3) is fully operational, the Secretary of
Homeland Security shall certify to Congress that such air exit system and electronic travel authorization system are in
place.
(ii) Notification to Congress
The Secretary shall notify Congress in
writing of the date on which the air exit
system under clause (i) fully satisfies the
biometric requirements specified in subsection (i).
(iii) Temporary suspension of waiver authority
Notwithstanding any certification made
under clause (i), if the Secretary has not
notified Congress in accordance with
clause (ii) by June 30, 2009, the Secretary’s
waiver authority under subparagraph (B)
shall be suspended beginning on July 1,
2009, until such time as the Secretary
makes such notification.
(iv) Rule of construction
Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection
(i)(3).
(B) Waiver
After certification by the Secretary under
subparagraph (A), the Secretary, in con-

§ 1187

sultation with the Secretary of State, may
waive the application of paragraph (2)(A) for
a country if—
(i) the country meets all security requirements of this section;
(ii) the Secretary of Homeland Security
determines that the totality of the country’s security risk mitigation measures
provide assurance that the country’s participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration
laws of the United States;
(iii) there has been a sustained reduction
in the rate of refusals for nonimmigrant
visas for nationals of the country and conditions exist to continue such reduction;
(iv) the country cooperated with the
Government of the United States on
counterterrorism initiatives, information
sharing, and preventing terrorist travel before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State
determine that such cooperation will continue; and
(v)(I) the rate of refusals for nonimmigrant visitor visas for nationals of
the country during the previous full fiscal
year was not more than ten percent; or
(II) the visa overstay rate for the country for the previous full fiscal year does
not exceed the maximum visa overstay
rate, once such rate is established under
subparagraph (C).
(C) Maximum visa overstay rate
(i) Requirement to establish
After certification by the Secretary
under subparagraph (A), the Secretary and
the Secretary of State jointly shall use information from the air exit system referred to in such subparagraph to establish
a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B).
The Secretary of Homeland Security shall
certify to Congress that such rate would
not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States.
(ii) Visa overstay rate defined
In this paragraph the term ‘‘visa overstay rate’’ means, with respect to a country, the ratio of—
(I) the total number of nationals of
that country who were admitted to the
United States on the basis of a nonimmigrant visa whose periods of authorized stays ended during a fiscal year but
who remained unlawfully in the United
States beyond such periods; to
(II) the total number of nationals of
that country who were admitted to the
United States on the basis of a nonimmigrant visa during that fiscal year.
(iii) Report and publication
The Secretary of Homeland Security
shall on the same date submit to Congress
and publish in the Federal Register infor-

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TITLE 8—ALIENS AND NATIONALITY

mation relating to the maximum visa
overstay rate established under clause (i).
Not later than 60 days after such date, the
Secretary shall issue a final maximum
visa overstay rate above which a country
may not participate in the program.
(9) Discretionary security-related considerations
In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, shall take into consideration
other factors affecting the security of the
United States, including—
(A) airport security standards in the country;
(B) whether the country assists in the operation of an effective air marshal program;
(C) the standards of passports and travel
documents issued by the country; and
(D) other security-related factors, including the country’s cooperation with the
United States’ initiatives toward combating
terrorism and the country’s cooperation
with the United States intelligence community in sharing information regarding terrorist threats.
(10) Technical assistance
The Secretary of Homeland Security, in consultation with the Secretary of State, shall
provide technical assistance to program countries to assist those countries in meeting the
requirements under this section. The Secretary of Homeland Security shall ensure that
the program office within the Department of
Homeland Security is adequately staffed and
has resources to be able to provide such technical assistance, in addition to its duties to effectively monitor compliance of the countries
participating in the program with all the requirements of the program.
(11) Independent review
(A) In general
Prior to the admission of a new country
into the program under this section, and in
conjunction with the periodic evaluations
required under subsection (c)(5)(A), the Director of National Intelligence shall conduct
an independent intelligence assessment of a
nominated country and member of the program.
(B) Reporting requirement
The Director shall provide to the Secretary of Homeland Security, the Secretary
of State, and the Attorney General the independent intelligence assessment required
under subparagraph (A).
(C) Contents
The independent intelligence assessment
conducted by the Director shall include—
(i) a review of all current, credible terrorist threats of the subject country;
(ii) an evaluation of the subject country’s counterterrorism efforts;
(iii) an evaluation as to the extent of the
country’s sharing of information beneficial

Page 216

to suppressing terrorist movements, financing, or actions;
(iv) an assessment of the risks associated
with including the subject country in the
program; and
(v) recommendations to mitigate the
risks identified in clause (iv).
(d) Authority
Notwithstanding any other provision of this
section, the Secretary of Homeland Security, in
consultation with the Secretary of State, may
for any reason (including national security) refrain from waiving the visa requirement in respect to nationals of any country which may
otherwise qualify for designation or may, at any
time, rescind any waiver or designation previously granted under this section. The Secretary of Homeland Security may not waive any
eligibility requirement under this section unless
the Secretary notifies, with respect to the House
of Representatives, the Committee on Homeland
Security, the Committee on the Judiciary, the
Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the
Senate, the Committee on Homeland Security
and Governmental Affairs, the Committee on
the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not
later than 30 days before the effective date of
such waiver.
(e) Carrier agreements
(1) In general
The agreement referred to in subsection
(a)(4) of this section is an agreement between
a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation
conducting operations under part 91 of that
title and the Attorney General under which
the carrier (including any carrier conducting
operations under part 135 of title 14, Code of
Federal Regulations) or a domestic corporation conducting operations under part 91 of
that title agrees, in consideration of the waiver of the visa requirement with respect to a
nonimmigrant visitor under the program—
(A) to indemnify the United States against
any costs for the transportation of the alien
from the United States if the visitor is refused admission to the United States or remains in the United States unlawfully after
the 90-day period described in subsection
(a)(1)(A) of this section,
(B) to submit daily to immigration officers
any immigration forms received with respect to nonimmigrant visitors provided a
waiver under the program,
(C) to be subject to the imposition of fines
resulting from the transporting into the
United States of a national of a designated
country without a passport pursuant to regulations promulgated by the Attorney General, and
(D) to collect, provide, and share passenger
data as required under subsection (h)(1)(B) of
this section.
(2) Termination of agreements
The Attorney General may terminate an
agreement under paragraph (1) with five days’

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notice to the carrier (including any carrier
conducting operations under part 135 of title
14, Code of Federal Regulations) or a domestic
corporation conducting operations under part
91 of that title for the failure by a carrier (including any carrier conducting operations
under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title to
meet the terms of such agreement.
(3) Business aircraft requirements
(A) In general
For purposes of this section, a domestic
corporation conducting operations under
part 91 of title 14, Code of Federal Regulations 2 that owns or operates a noncommercial aircraft is a corporation that is organized under the laws of any of the States of
the United States or the District of Columbia and is accredited by or a member of a national organization that sets business aviation standards. The Attorney General shall
prescribe by regulation the provision of such
information as the Attorney General deems
necessary to identify the domestic corporation, its officers, employees, shareholders,
its place of business, and its business activities.
(B) Collections
In addition to any other fee authorized by
law, the Attorney General is authorized to
charge and collect, on a periodic basis, an
amount from each domestic corporation conducting operations under part 91 of title 14,
Code of Federal Regulations, for nonimmigrant visa waiver admissions on noncommercial aircraft owned or operated by
such domestic corporation equal to the total
amount of fees assessed for issuance of nonimmigrant visa waiver arrival/departure
forms at land border ports of entry. All fees
collected under this paragraph shall be deposited into the Immigration User Fee Account established under section 1356(h) of
this title.
(f) Duration and termination of designation
(1) In general
(A) Determination and notification of disqualification rate
Upon determination by the Attorney General that a program country’s disqualification rate is 2 percent or more, the Attorney
General shall notify the Secretary of State.
(B) Probationary status
If the program country’s disqualification
rate is greater than 2 percent but less than
3.5 percent, the Attorney General shall place
the program country in probationary status
for a period not to exceed 2 full fiscal years
following the year in which the determination under subparagraph (A) is made.
(C) Termination of designation
Subject to paragraph (3), if the program
country’s disqualification rate is 3.5 percent
or more, the Attorney General shall termi2 So

in original. Probably should be followed by a comma.

§ 1187

nate the country’s designation as a program
country effective at the beginning of the second fiscal year following the fiscal year in
which the determination under subparagraph (A) is made.
(2) Termination of probationary status
(A) In general
If the Attorney General determines at the
end of the probationary period described in
paragraph (1)(B) that the program country
placed in probationary status under such
paragraph has failed to develop a machinereadable passport program as required by
section 3 (c)(2)(C) of this section, or has a disqualification rate of 2 percent or more, the
Attorney General shall terminate the designation of the country as a program country. If the Attorney General determines that
the program country has developed a machine-readable passport program and has a
disqualification rate of less than 2 percent,
the Attorney General shall redesignate the
country as a program country.
(B) Effective date
A termination of the designation of a
country under subparagraph (A) shall take
effect on the first day of the first fiscal year
following the fiscal year in which the determination under such subparagraph is made.
Until such date, nationals of the country
shall remain eligible for a waiver under subsection (a) of this section.
(3) Nonapplicability of certain provisions
Paragraph (1)(C) shall not apply unless the
total number of nationals of a program country described in paragraph (4)(A) exceeds 100.
(4) ‘‘Disqualification rate’’ defined
For purposes of this subsection, the term
‘‘disqualification rate’’ means the percentage
which—
(A) the total number of nationals of the
program country who were—
(i) denied admission at the time of arrival or withdrew their application for admission during the most recent fiscal year for
which data are available; and
(ii) admitted as nonimmigrant visitors
during such fiscal year and who violated
the terms of such admission; bears to
(B) the total number of nationals of such
country who applied for admission as nonimmigrant visitors during such fiscal year.
(5) Failure to report passport thefts
If the Secretary of Homeland Security and
the Secretary of State jointly determine that
the program country is not reporting the theft
or loss of passports, as required by subsection
(c)(2)(D) of this section, the Secretary of
Homeland Security shall terminate the designation of the country as a program country.
(g) Visa application sole method to dispute denial of waiver based on a ground of inadmissibility
In the case of an alien denied a waiver under
the program by reason of a ground of inadmis3 So

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

§ 1187

TITLE 8—ALIENS AND NATIONALITY

sibility described in section 1182(a) of this title
that is discovered at the time of the alien’s application for the waiver or through the use of an
automated electronic database required under
subsection (a)(9) of this section, the alien may
apply for a visa at an appropriate consular office
outside the United States. There shall be no
other means of administrative or judicial review
of such a denial, and no court or person otherwise shall have jurisdiction to consider any
claim attacking the validity of such a denial.
(h) Use of information technology systems
(1) Automated entry-exit control system
(A) System
Not later than October 1, 2001, the Attorney General shall develop and implement a
fully automated entry and exit control system that will collect a record of arrival and
departure for every alien who arrives and departs by sea or air at a port of entry into the
United States and is provided a waiver under
the program.
(B) Requirements
The system under subparagraph (A) shall
satisfy the following requirements:
(i) Data collection by carriers
Not later than October 1, 2001, the
records of arrival and departure described
in subparagraph (A) shall be based, to the
maximum extent practicable, on passenger
data collected and electronically transmitted to the automated entry and exit control system by each carrier that has an
agreement under subsection (a)(4) of this
section.
(ii) Data provision by carriers
Not later than October 1, 2002, no waiver
may be provided under this section to an
alien arriving by sea or air at a port of
entry into the United States on a carrier
unless the carrier is electronically transmitting to the automated entry and exit
control system passenger data determined
by the Attorney General to be sufficient to
permit the Attorney General to carry out
this paragraph.
(iii) Calculation
The system shall contain sufficient data
to permit the Attorney General to calculate, for each program country and each
fiscal year, the portion of nationals of that
country who are described in subparagraph
(A) and for whom no record of departure
exists, expressed as a percentage of the
total number of such nationals who are so
described.
(C) Reporting
(i) Percentage of nationals lacking departure record
As part of the annual report required to
be submitted under section 1365a(e)(1) of
this title, the Attorney General shall include a section containing the calculation
described in subparagraph (B)(iii) for each
program country for the previous fiscal
year, together with an analysis of that information.

Page 218

(ii) System effectiveness
Not later than December 31, 2004, the Attorney General shall submit a written report to the Committee on the Judiciary of
the United States House of Representatives and of the Senate containing the following:
(I) The conclusions of the Attorney
General regarding the effectiveness of
the automated entry and exit control
system to be developed and implemented
under this paragraph.
(II) The recommendations of the Attorney General regarding the use of the calculation described in subparagraph
(B)(iii) as a basis for evaluating whether
to terminate or continue the designation
of a country as a program country.
The report required by this clause may be
combined with the annual report required
to be submitted on that date under section
1365a(e)(1) of this title.
(2) Automated data sharing system
(A) System
The Attorney General and the Secretary of
State shall develop and implement an automated data sharing system that will permit
them to share data in electronic form from
their respective records systems regarding
the admissibility of aliens who are nationals
of a program country.
(B) Requirements
The system under subparagraph (A) shall
satisfy the following requirements:
(i) Supplying information to immigration
officers conducting inspections at ports
of entry
Not later than October 1, 2002, the system shall enable immigration officers conducting inspections at ports of entry under
section 1225 of this title to obtain from the
system, with respect to aliens seeking a
waiver under the program—
(I) any photograph of the alien that
may be contained in the records of the
Department of State or the Service; and
(II) information on whether the alien
has ever been determined to be ineligible
to receive a visa or ineligible to be admitted to the United States.
(ii) Supplying photographs of inadmissible
aliens
The system shall permit the Attorney
General electronically to obtain any photograph contained in the records of the
Secretary of State pertaining to an alien
who is a national of a program country
and has been determined to be ineligible to
receive a visa.
(iii) Maintaining records on applications
for admission
The system shall maintain, for a minimum of 10 years, information about each
application for admission made by an alien
seeking a waiver under the program, including the following:
(I) The name or Service identification
number of each immigration officer con-

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TITLE 8—ALIENS AND NATIONALITY

ducting the inspection of the alien at the
port of entry.
(II) Any information described in
clause (i) that is obtained from the system by any such officer.
(III) The results of the application.
(3) Electronic travel authorization system
(A) System
The Secretary of Homeland Security, in
consultation with the Secretary of State,
shall develop and implement a fully automated electronic travel authorization system (referred to in this paragraph as the
‘‘System’’) to collect such biographical and
other information as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility of,
and whether there exists a law enforcement
or security risk in permitting, the 4 alien to
travel to the United States.
(B) Fees
(i) In general
No later than 6 months after March 4,
2010, the Secretary of Homeland Security
shall establish a fee for the use of the System and begin assessment and collection
of that fee. The initial fee shall be the sum
of—
(I) $10 per travel authorization; and
(II) an amount that will at least ensure
recovery of the full costs of providing
and administering the System, as determined by the Secretary.
(ii) Disposition of amounts collected
Amounts collected under clause (i)(I)
shall be credited to the Travel Promotion
Fund established by subsection (d) of section 2131 of title 22. Amounts collected
under clause (i)(II) shall be transferred to
the general fund of the Treasury and made
available to pay the costs incurred to administer the System.
(iii) Sunset of Travel Promotion Fund fee
The Secretary may not collect the fee
authorized by clause (i)(I) for fiscal years
beginning after September 30, 2015.
(C) Validity
(i) Period
The Secretary of Homeland Security, in
consultation with the Secretary of State,
shall prescribe regulations that provide for
a period, not to exceed three years, during
which a determination of eligibility to
travel under the program will be valid.
Notwithstanding any other provision
under this section, the Secretary of Homeland Security may revoke any such determination at any time and for any reason.
(ii) Limitation
A determination by the Secretary of
Homeland Security that an alien is eligible to travel to the United States under
the program is not a determination that
the alien is admissible to the United
States.
4 So

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

§ 1187

(iii) Not a determination of visa eligibility
A determination by the Secretary of
Homeland Security that an alien who applied for authorization to travel to the
United States through the System is not
eligible to travel under the program is not
a determination of eligibility for a visa to
travel to the United States and shall not
preclude the alien from applying for a visa.
(iv) Judicial review
Notwithstanding any other provision of
law, no court shall have jurisdiction to review an eligibility determination under
the System.
(D) Report
Not later than 60 days before publishing
notice regarding the implementation of the
System in the Federal Register, the Secretary of Homeland Security shall submit a
report regarding the implementation of the
system to—
(i) the Committee on Homeland Security
of the House of Representatives;
(ii) the Committee on the Judiciary of
the House of Representatives;
(iii) the Committee on Foreign Affairs of
the House of Representatives;
(iv) the Permanent Select Committee on
Intelligence of the House of Representatives;
(v) the Committee on Appropriations of
the House of Representatives;
(vi) the Committee on Homeland Security and Governmental Affairs of the Senate;
(vii) the Committee on the Judiciary of
the Senate;
(viii) the Committee on Foreign Relations of the Senate;
(ix) the Select Committee on Intelligence of the Senate; and
(x) the Committee on Appropriations of
the Senate.
(i) Exit system
(1) In general
Not later than one year after August 3, 2007,
the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of
every alien participating in the visa waiver
program established under this section.
(2) System requirements
The system established under paragraph (1)
shall—
(A) match biometric information of the
alien against relevant watch lists and immigration information; and
(B) compare such biometric information
against manifest information collected by
air carriers on passengers departing the
United States to confirm such aliens have
departed the United States.
(3) Report
Not later than 180 days after August 3, 2007,
the Secretary shall submit to Congress a report that describes—
(A) the progress made in developing and
deploying the exit system established under
this subsection; and

§ 1187

TITLE 8—ALIENS AND NATIONALITY

(B) the procedures by which the Secretary
shall improve the method of calculating the
rates of nonimmigrants who overstay their
authorized period of stay in the United
States.
(June 27, 1952, ch. 477, title II, ch. 2, § 217, as
added Pub. L. 99–603, title III, § 313(a), Nov. 6,
1986, 100 Stat. 3435; amended Pub. L. 100–525,
§ 2(p)(1), (2), Oct. 24, 1988, 102 Stat. 2613; Pub. L.
101–649, title II, § 201(a), Nov. 29, 1990, 104 Stat.
5012; Pub. L. 102–232, title III, §§ 303(a)(1), (2),
307(l)(3), Dec. 12, 1991, 105 Stat. 1746, 1756; Pub. L.
103–415, § 1(m), Oct. 25, 1994, 108 Stat. 4301; Pub.
L. 103–416, title II, §§ 210, 211, Oct. 25, 1994, 108
Stat. 4312, 4313; Pub. L. 104–208, div. C, title III,
§ 308(d)(4)(F), (e)(9), title VI, § 635(a)–(c)(1), (3),
Sept. 30, 1996, 110 Stat. 3009–618, 3009–620,
3009–702, 3009–703; Pub. L. 105–119, title I, § 125,
Nov. 26, 1997, 111 Stat. 2471; Pub. L. 105–173, §§ 1,
3, Apr. 27, 1998, 112 Stat. 56; Pub. L. 106–396, title
I, § 101(a), title II, §§ 201–207, title IV, § 403(a)–(d),
Oct. 30, 2000, 114 Stat. 1637–1644, 1647, 1648; Pub.
L. 107–56, title IV, § 417(c), (d), Oct. 26, 2001, 115
Stat. 355; Pub. L. 107–173, title III, § 307(a), May
14, 2002, 116 Stat. 556; Pub. L. 110–53, title VII,
§ 711(c), (d)(1), Aug. 3, 2007, 121 Stat. 339, 341; Pub.
L. 111–145, § 9(e), Mar. 4, 2010, 124 Stat. 62; Pub. L.
111–198, § 5(a), July 2, 2010, 124 Stat. 1357.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b)(1) and
(c)(7)(B)(iv), was in the original, ‘‘this Act’’, meaning
act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 1101 of this title and Tables.
AMENDMENTS
2010—Subsec. (h)(3)(B). Pub. L. 111–145 amended subpar. (B) generally. Prior to amendment, text read as
follows: ‘‘The Secretary of Homeland Security may
charge a fee for the use of the System, which shall be—
‘‘(i) set at a level that will ensure recovery of the
full costs of providing and administering the System;
and
‘‘(ii) available to pay the costs incurred to administer the System.’’
Subsec. (h)(3)(B)(ii). Pub. L. 111–198, § 5(a)(1), made
technical amendment to reference in original act which
appears in text as reference to ‘‘subsection (d) of section 2131 of title 22’’.
Subsec. (h)(3)(B)(iii). Pub. L. 111–198, § 5(a)(2), substituted ‘‘September 30, 2015.’’ for ‘‘September 30, 2014.’’
2007—Subsec. (a). Pub. L. 110–53, § 711(d)(1)(A)(i), designated concluding provisions as par. (10) and inserted
heading.
Subsec. (a)(11). Pub. L. 110–53, § 711(d)(1)(A)(ii), added
par. (11).
Subsec. (c)(2)(D). Pub. L. 110–53, § 711(d)(1)(B)(i)(I),
amended heading and text of subpar. (D) generally.
Prior to amendment, text read as follows: ‘‘The government of the country certifies that it reports to the
United States Government on a timely basis the theft
of blank passports issued by that country.’’
Subsec.
(c)(2)(E),
(F).
Pub.
L.
110–53,
§ 711(d)(1)(B)(i)(II), added subpars. (E) and (F).
Subsec. (c)(5)(A)(i). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I),
substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ in introductory provisions.
Subsec.
(c)(5)(A)(i)(III).
Pub.
L.
110–53,
§ 711(d)(1)(B)(ii)(II)(bb)(AA), substituted ‘‘, the Committee on Foreign Affairs, and the Committee on Homeland Security,’’ for ‘‘and the Committee on International Relations’’ and ‘‘, the Committee on Foreign

Page 220

Relations, and the Committee on Homeland Security
and Governmental Affairs’’ for ‘‘and the Committee on
Foreign Relations’’.
Subsec.
(c)(5)(A)(i)(IV).
Pub.
L.
110–53,
§ 711(d)(1)(B)(ii)(II)(aa), (bb)(BB), (cc), added subcl. (IV).
Subsec. (c)(5)(A)(ii), (iii), (B)(i), (iii). Pub. L. 110–53,
§ 711(d)(1)(B)(ii)(I), substituted ‘‘Secretary of Homeland
Security’’ for ‘‘Attorney General’’ wherever appearing.
Subsec.
(c)(5)(B)(iv).
Pub.
L.
110–53,
§ 711(d)(1)(B)(ii)(III), added cl. (iv).
Subsec. (c)(8), (9). Pub. L. 110–53, § 711(c), added pars.
(8) and (9).
Subsec. (c)(10), (11). Pub. L. 110–53, § 711(d)(1)(B)(iii),
added pars. (10) and (11).
Subsec. (d). Pub. L. 110–53, § 711(d)(1)(C), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ in first sentence and inserted at end ‘‘The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with
respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on
the Judiciary, the Committee on Foreign Relations,
and the Committee on Appropriations not later than 30
days before the effective date of such waiver.’’
Subsec. (f)(5). Pub. L. 110–53, § 711(d)(1)(D), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ in two places and ‘‘theft or loss of passports’’ for
‘‘theft of blank passports’’.
Subsec. (h)(3). Pub. L. 110–53, § 711(d)(1)(E), added par.
(3).
Subsec. (i). Pub. L. 110–53, § 711(d)(1)(F), added subsec.
(i).
2002—Subsec. (c)(2)(D). Pub. L. 107–173, § 307(a)(1),
added subpar. (D).
Subsec. (c)(5)(A)(i). Pub. L. 107–173, § 307(a)(2), substituted ‘‘2 years’’ for ‘‘5 years’’ in introductory provisions.
Subsec. (f)(5). Pub. L. 107–173, § 307(a)(3), added par.
(5).
2001—Subsec. (a)(3). Pub. L. 107–56, § 417(d), which directed the substitution of ‘‘(A) IN GENERAL.—Except as
provided in subparagraph (B), on or after’’ for ‘‘On or
after’’ and the addition of subpar. (B), was executed
making the substitution for ‘‘On and after’’ and adding
subpar. (B) to reflect the probable intent of Congress.
Pub. L. 107–56, § 417(c), substituted ‘‘2003,’’ for ‘‘2007,’’.
2000—Pub. L. 106–396, § 101(a)(1), in section catchline
struck out ‘‘pilot’’ before ‘‘program’’.
Subsec. (a). Pub. L. 106–396, §§ 101(a)(2)(A), (B), 403(c),
struck out ‘‘pilot’’ before ‘‘program’’ in heading and
two places in introductory provisions and inserted concluding provisions.
Subsec. (a)(1). Pub. L. 106–396, § 101(a)(2)(C), substituted ‘‘program’’ for ‘‘pilot program period (as defined in subsection (e) of this section)’’.
Subsec. (a)(2). Pub. L. 106–396, § 101(a)(2)(D), in heading struck out ‘‘pilot’’ before ‘‘program’’.
Subsec. (a)(2)(A). Pub. L. 106–396, § 201, inserted
‘‘, either on its own or in conjunction with one or more
other countries that are described in subparagraph (B)
and that have established with it a common area for
immigration admissions,’’ after ‘‘to extend)’’.
Subsec. (a)(3), (4). Pub. L. 106–396, § 202(a), added par.
(3) and redesignated former par. (3) as (4). Former par.
(4) redesignated (5).
Subsec. (a)(5). Pub. L. 106–396, § 403(a), substituted
‘‘, including any carrier conducting operations under
part 135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations which has entered into an agreement with the Attorney General
pursuant to subsection (e) of this section. The Attorney
General is authorized to require a carrier conducting
operations under part 135 of title 14, Code of Federal
Regulations, or a domestic corporation conducting op-

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TITLE 8—ALIENS AND NATIONALITY

erations under part 91 of that title, to give suitable and
proper bond, in such reasonable amount and containing
such conditions as the Attorney General may deem sufficient to ensure compliance with the indemnification
requirements of this section, as a term of such an
agreement’’ for ‘‘which has entered into an agreement
with the Service to guarantee transport of the alien
out of the United States if the alien is found inadmissible or deportable by an immigration officer’’.
Pub. L. 106–396, § 202(a)(1), redesignated par. (4) as (5).
Former par. (5) redesignated (6).
Subsec. (a)(6), (7). Pub. L. 106–396, § 202(a)(1), designated pars. (5) and (6) as (6) and (7), respectively.
Former par. (7) redesignated (8).
Subsec. (a)(8). Pub. L. 106–396, § 403(b), inserted ‘‘or
the alien is arriving at the port of entry on an aircraft
operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or
operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations’’ after ‘‘regulations’’.
Pub. L. 106–396, § 202(a)(1), designated par. (7) as (8).
Subsec. (a)(9). Pub. L. 106–396, § 203(a), added par. (9).
Subsec. (b). Pub. L. 106–396, § 101(a)(3), struck out
‘‘pilot’’ before ‘‘program’’ in introductory provisions.
Subsec. (c). Pub. L. 106–396, § 101(a)(4)(A), in heading
struck out ‘‘pilot’’ before ‘‘program’’.
Subsec. (c)(1). Pub. L. 106–396, § 101(a)(4)(B), struck out
‘‘pilot’’ before ‘‘program’’.
Subsec. (c)(2). Pub. L. 106–396, § 101(a)(4)(C), in introductory provisions, substituted ‘‘subsection (f)’’ for
‘‘subsection (g)’’ and struck out ‘‘pilot’’ before ‘‘program’’.
Subsec. (c)(2)(B). Pub. L. 106–396, § 202(b), amended
heading and text of subpar. (B) generally. Prior to
amendment, text read as follows: ‘‘The government of
the country certifies that it has or is in the process of
developing a program to issue machine-readable passports to its citizens.’’
Subsec. (c)(2)(C). Pub. L. 106–396, § 204(a), amended
heading and text of subpar. (C) generally. Prior to
amendment, text read as follows: ‘‘The Attorney General determines that the United States law enforcement interests would not be compromised by the designation of the country.’’
Subsec. (c)(3). Pub. L. 106–396, § 101(a)(4)(D)(i), struck
out ‘‘(within the pilot program period)’’ after ‘‘fiscal
year’’ in introductory provisions.
Subsec. (c)(3)(A). Pub. L. 106–396, § 101(a)(4)(D)(ii),
struck out ‘‘pilot’’ before ‘‘program’’ in two places in
introductory provisions.
Subsec. (c)(3)(B). Pub. L. 106–396, § 101(a)(4)(D)(iii),
struck out ‘‘pilot’’ before ‘‘program’’ in introductory
provisions.
Subsec. (c)(5). Pub. L. 106–396, § 204(b), added par. (5).
Subsec. (c)(6). Pub. L. 106–396, § 206, added par. (6).
Subsec. (c)(7). Pub. L. 106–396, § 207, added par. (7).
Subsec. (e)(1). Pub. L. 106–396, §§ 101(a)(5)(A),
403(d)(1)(A), in introductory provisions, substituted
‘‘carrier (including any carrier conducting operations
under part 135 of title 14, Code of Federal Regulations)
or a domestic corporation conducting operations under
part 91 of that title’’ for ‘‘carrier’’ in two places and
struck out ‘‘pilot’’ before ‘‘program’’.
Subsec. (e)(1)(B). Pub. L. 106–396, § 101(a)(5)(B), struck
out ‘‘pilot’’ before ‘‘program’’.
Subsec. (e)(1)(D). Pub. L. 106–396, § 205(b), added subpar. (D).
Subsec. (e)(2). Pub. L. 106–396, § 403(d)(1), substituted
‘‘carrier (including any carrier conducting operations
under part 135 of title 14, Code of Federal Regulations)
or a domestic corporation conducting operations under
part 91 of that title’’ for ‘‘carrier’’ and ‘‘failure by a
carrier (including any carrier conducting operations
under part 135 of title 14, Code of Federal Regulations)
or a domestic corporation conducting operations under
part 91 of that title’’ for ‘‘carrier’s failure’’.
Subsec. (e)(3). Pub. L. 106–396, § 403(d)(2), added par.
(3).
Subsec. (f). Pub. L. 106–396, § 101(a)(6), redesignated
subsec. (g) as (f) and struck out heading and text of

§ 1187

former subsec. (f). Text read as follows: ‘‘For purposes
of this section, the term ‘pilot program period’ means
the period beginning on October 1, 1988, and ending on
April 30, 2000.’’
Subsec. (f)(1)(A), (C). Pub. L. 106–396, § 101(a)(7)(A), (B),
struck out ‘‘pilot’’ before ‘‘program’’.
Subsec. (f)(2) to (4). Pub. L. 106–396, § 101(a)(7)(C)–(E),
substituted ‘‘as a program country’’ for ‘‘as a pilot program country’’ in two places in par. (2)(A) and struck
out ‘‘pilot’’ before ‘‘program’’ in pars. (3) and (4)(A).
Subsec. (g). Pub. L. 106–396, § 203(b), added subsec. (g).
Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 106–396, § 205(a), added subsec. (h).
1998—Subsec. (c)(2). Pub. L. 105–173, § 3, reenacted
heading without change and amended text generally.
Prior to amendment, text consisted of introductory
provisions and subpars. (A) to (D) relating to low nonimmigrant visa refusal rate for previous 2-year period,
low nonimmigrant visa refusal rate for each of 2 previous years, machine readable passport program, and
law enforcement interests.
Subsec. (f). Pub. L. 105–173, § 1, substituted ‘‘2000’’ for
‘‘1998’’.
1997—Subsec. (f). Pub. L. 105–119 reenacted subsec.
heading without change and amended text generally,
substituting ‘‘April 30, 1998’’ for ‘‘September 30, 1997’’.
1996—Subsec. (a). Pub. L. 104–208, § 635(a)(1), in introductory provisions, substituted ‘‘Attorney General, in
consultation with the Secretary of State’’ for ‘‘Attorney General and the Secretary of State, acting jointly’’.
Subsec. (a)(2)(B). Pub. L. 104–208, § 635(c)(3), struck out
‘‘or is designated as a pilot program country with probationary status under subsection (g) of this section’’
after ‘‘subsection (c) of this section’’.
Subsec. (b)(2). Pub. L. 104–208, § 308(e)(9), substituted
‘‘removal of’’ for ‘‘deportation against’’.
Subsec. (c)(1). Pub. L. 104–208, § 635(a)(2), substituted
‘‘Attorney General, in consultation with the Secretary
of State,’’ for ‘‘Attorney General and the Secretary of
State acting jointly’’.
Subsec. (c)(3)(A)(i). Pub. L. 104–208, § 308(d)(4)(F), substituted ‘‘denied admission at the time of arrival’’ for
‘‘excluded from admission’’.
Subsec. (d). Pub. L. 104–208, § 635(a)(3), substituted
‘‘Attorney General, in consultation with the Secretary
of State’’ for ‘‘Attorney General and the Secretary of
State, acting jointly’’.
Subsec. (f). Pub. L. 104–208, § 635(b), substituted
‘‘1997.’’ for ‘‘1996’’.
Subsec. (g). Pub. L. 104–208, § 635(c)(1), amended heading and text of subsec. (g) generally. Prior to amendment, text provided authority for Attorney General
and Secretary of State to designate countries as pilot
program countries with probationary status.
Subsec. (g)(4)(A)(i). Pub. L. 104–208, § 308(d)(4)(F), substituted ‘‘denied admission at the time of arrival’’ for
‘‘excluded from admission’’.
1994—Subsec. (a)(2)(B). Pub. L. 103–416, § 211(1), inserted before period at end ‘‘or is designated as a pilot
program country with probationary status under subsection (g) of this section’’.
Subsec. (c)(2). Pub. L. 103–416, § 211(3), substituted
‘‘Except as provided in subsection (g)(4) of this section,
a country’’ for ‘‘A country’’.
Subsec. (f). Pub. L. 103–416, § 210, substituted ‘‘1996’’
for ‘‘1995.’’.
Pub. L. 103–415 substituted ‘‘1995’’ for ‘‘1994’’.
Subsec. (g). Pub. L. 103–416, § 211(2), added subsec. (g).
1991—Subsec. (a). Pub. L. 102–232, § 307(l)(3), substituted ‘‘paragraph (7)(B)(i)(II)’’ for ‘‘paragraph
(26)(B)’’.
Subsec. (a)(4). Pub. L. 102–232, § 303(a)(1)(A), in heading substituted ‘‘into the United States’’ for ‘‘by sea or
air’’.
Subsec. (b). Pub. L. 102–232, § 303(a)(1)(B), made technical amendment to heading.
Subsec. (e)(1). Pub. L. 102–232, § 303(a)(2), substituted
‘‘subsection (a)(4)’’ for ‘‘subsection (a)(4)(C)’’.
1990—Subsec. (a)(2). Pub. L. 101–649, § 201(a)(1), inserted ‘‘, and presents a passport issued by,’’ after ‘‘is
a national of’’.

§ 1187

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(3). Pub. L. 101–649, § 201(a)(2), in heading
substituted reference to immigration forms for reference to entry control and waiver forms, and in text
substituted ‘‘completes such immigration form as the
Attorney General shall establish’’ for ‘‘—
‘‘(A) completes such immigration form as the Attorney General shall establish under subsection (b)(3)
of this section, and
‘‘(B) executes a waiver of review and appeal described in subsection (b)(4) of this section’’.
Subsec. (a)(4). Pub. L. 101–649, § 201(a)(3), added par. (4)
and struck out former par. (4) which waived visa requirement for certain aliens having round-trip transportation tickets.
Subsec. (a)(7). Pub. L. 101–649, § 201(a)(4), added par.
(7).
Subsec. (b). Pub. L. 101–649, § 201(a)(5), redesignated
subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as
pars. (1) and (2), respectively, and struck out subsec. (b)
heading ‘‘Conditions before pilot program can be put
into operation’’ and pars. (1) to (3) which related to
prior notice to Congress, automated data arrival and
departure system, and visa waiver information form,
respectively.
Subsec. (c)(1). Pub. L. 101–649, § 201(a)(6)(A), substituted in heading, ‘‘In general’’ for ‘‘Up to 8 countries’’ and in text substituted ‘‘any country as a pilot
program country if it meets the requirements of paragraph (2)’’ for ‘‘up to eight countries as pilot program
countries for purposes of the pilot program’’.
Subsec. (c)(2). Pub. L. 101–649, § 201(a)(6)(B), substituted ‘‘Qualifications’’ for ‘‘Initial qualifications’’ in
heading and ‘‘A country’’ for ‘‘For the initial period described in paragraph (4), a country’’ in introductory
provisions, and added subpars. (C) and (D).
Subsec. (d). Pub. L. 101–649, § 201(a)(7), added subsec.
(d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 101–649, § 201(a)(7), (8), redesignated subsec. (d) as (e) and added subpar. (C) at end of
par. (1). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101–649, § 201(a)(7), (9), redesignated subsec. (e) as (f) and substituted ‘‘on October 1,
1988, and ending on September 30, 1994’’ for ‘‘at the end
of the 30-day period referred to in subsection (b)(1) of
this section and ending on the last day of the third fiscal year which begins after such 30-day period’’.
1988—Pub. L. 100–525, § 2(p)(1), made technical amendment to directory language of Pub. L. 99–603, § 313(a),
which enacted this section.
Subsec. (a). Pub. L. 100–525, § 2(p)(2), substituted
‘‘hereinafter’’ for ‘‘hereafter’’.
CHANGE OF NAME
Committee on International Relations of House of
Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution
No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–53, title VII, § 711(d)(2), Aug. 3, 2007, 121
Stat. 345, provided that: ‘‘Section 217(a)(11) of the Immigration and Nationality Act [8 U.S.C. 1187(a)(11)], as
added by paragraph (1)(A)(ii), shall take effect on the
date that is 60 days after the date on which the Secretary of Homeland Security publishes notice in the
Federal Register of the requirement under such paragraph. [Notice published in Federal Register, Nov. 13,
2008, 73 F.R. 67354.]’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(F), (e)(9) 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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 303(a)(1), (2) of Pub. L. 102–232
effective as if included in the enactment of the Immi-

Page 222

gration 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.
Section 307(l) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 603(a) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 201(d) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this section [amending this section and section 1323 of this title] shall take effect as
of the date of the enactment of this Act [Nov. 29, 1990].’’
EFFECTIVE DATE 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 a note under section 1101 of this title.
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.
MODERNIZING AND STRENGTHENING OF SECURITY OF
VISA WAIVER PROGRAM
Pub. L. 110–53, title VII, § 711(b), Aug. 3, 2007, 121 Stat.
338, provided that: ‘‘It is the sense of Congress that—
‘‘(1) the United States should modernize and
strengthen the security of the visa waiver program
under section 217 of the Immigration and Nationality
Act (8 U.S.C. 1187) by simultaneously—
‘‘(A) enhancing program security requirements;
and
‘‘(B) extending visa-free travel privileges to nationals of foreign countries that are partners in the
war on terrorism—
‘‘(i) that are actively cooperating with the
United States to prevent terrorist travel, including sharing counterterrorism and law enforcement information; and
‘‘(ii) whose nationals have demonstrated their
compliance with the provisions of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] regarding the purpose and duration of their admission to the United States; and
‘‘(2) the modernization described in paragraph (1)
will—
‘‘(A) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
‘‘(B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and
‘‘(C) strengthen bilateral relationships.’’
MACHINE READABLE PASSPORTS
Pub. L. 107–56, title IV, § 417(a), (b), Oct. 26, 2001, 115
Stat. 355, provided that:
‘‘(a) AUDITS.—The Secretary of State shall, each fiscal year until September 30, 2007—
‘‘(1) perform annual audits of the implementation
of section 217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B));
‘‘(2) check for the implementation of precautionary
measures to prevent the counterfeiting and theft of
passports; and
‘‘(3) ascertain that countries designated under the
visa waiver program have established a program to
develop tamper-resistant passports.
‘‘(b) PERIODIC REPORTS.—Beginning one year after the
date of enactment of this Act [Oct. 26, 2001], and every
year thereafter until 2007, the Secretary of State shall
submit a report to Congress setting forth the findings
of the most recent audit conducted under subsection
(a)(1).’’

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TITLE 8—ALIENS AND NATIONALITY
REPORT REQUIRED

Pub. L. 106–396, title IV, § 403(e), Oct. 30, 2000, 114 Stat.
1649, provided that: ‘‘Not later than two years after the
date of the enactment of this Act [Oct. 30, 2000], the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives
and the Senate assessing the effectiveness of the program implemented under the amendments made by this
section [amending this section] for simplifying the admission of business travelers from visa waiver program
countries and compliance with the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.] by such travelers
under that program.’’
TRANSITION PROVISIONS
Section 635(c)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘A country designated as a pilot program country
with probationary status under section 217(g) of the Immigration and Nationality Act [8 U.S.C. 1187(g)] (as in
effect on the day before the date of the enactment of
this Act [Sept. 30, 1996]) shall be considered to be designated as a pilot program country on and after such
date, subject to placement in probationary status or
termination of such designation under such section (as
amended by paragraph (1)).’’
OPERATION OF AUTOMATED DATA ARRIVAL AND
DEPARTURE CONTROL SYSTEM; REPORT TO CONGRESS
Section 201(c) of Pub. L. 101–649 provided that: ‘‘By
not later than January 1, 1992, the Attorney General, in
consultation with the Secretary of State, shall submit
to the Committees on the Judiciary of the House of
Representatives and of the Senate a report on the operation of the automated data arrival and departure control system for foreign visitors and on admission refusals and overstays for such visitors who have entered
under the visa waiver program.’’
REPORT ON VISA WAIVER PILOT PROGRAM
Section 405 of Pub. L. 99–603 provided that:
‘‘(a) MONITORING AND REPORT ON THE PILOT PROGRAM.—The Attorney General and the Secretary of
State shall jointly monitor the pilot program established under section 217 of the Immigration and Nationality Act [8 U.S.C. 1187] and shall report to the Congress not later than two years after the beginning of
the program.
‘‘(b) DETAILS IN REPORT.—The report shall include—
‘‘(1) an evaluation of the program, including its impact—
‘‘(A) on the control of alien visitors to the United
States,
‘‘(B) on consular operations in the countries designated under the program, as well as on consular
operations in other countries in which additional
consular personnel have been relocated as a result
of the implementation of the program, and
‘‘(C) on the United States tourism industry; and
‘‘(2) recommendations—
‘‘(A) on extending the pilot program period, and
‘‘(B) on increasing the number of countries that
may be designated under the program.’’

§ 1188. Admission of temporary H–2A workers
(a) Conditions for approval of H–2A petitions
(1) A petition to import an alien as an H–2A
worker (as defined in subsection (i)(2) of this
section) may not be approved by the Attorney
General unless the petitioner has applied to the
Secretary of Labor for a certification that—
(A) there are not sufficient workers who are
able, willing, and qualified, and who will be
available at the time and place needed, to perform the labor or services involved in the petition, and
(B) the employment of the alien in such
labor or services will not adversely affect the

§ 1188

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

§ 1188

TITLE 8—ALIENS AND NATIONALITY

application does not meet the standards (other
than that described in subsection (a)(1)(A) of
this section) for approval.
(B) If the application does not meet such
standards, the notice shall include the reasons
therefor and the Secretary shall provide an opportunity for the prompt resubmission of a
modified application.
(3) Issuance of certification
(A) The Secretary of Labor shall make, not
later than 30 days before the date such labor
or services are first required to be performed,
the certification described in subsection (a)(1)
of this section if—
(i) the employer has complied with the criteria for certification (including criteria for
the recruitment of eligible individuals as
prescribed by the Secretary), and
(ii) the employer does not actually have,
or has not been provided with referrals of,
qualified eligible individuals who have indicated their availability to perform such
labor or services on the terms and conditions
of a job offer which meets the requirements
of the Secretary.
In considering the question of whether a specific qualification is appropriate in a job offer,
the Secretary shall apply the normal and accepted qualifications required by non-H–2Aemployers in the same or comparable occupations and crops.
(B)(i) For a period of 3 years subsequent to
the effective date of this section, labor certifications shall remain effective only if, from the
time the foreign worker departs for the employer’s place of employment, the employer
will provide employment to any qualified
United States worker who applies to the employer until 50 percent of the period of the
work contract, under which the foreign worker
who is in the job was hired, has elapsed. In addition, the employer will offer to provide benefits, wages and working conditions required
pursuant to this section and regulations.
(ii) The requirement of clause (i) shall not
apply to any employer who—
(I) did not, during any calendar quarter
during the preceding calendar year, use
more than 500 man-days of agricultural
labor, as defined in section 203(u) of title 29,
(II) is not a member of an association
which has petitioned for certification under
this section for its members, and
(III) has not otherwise associated with
other employers who are petitioning for
temporary foreign workers under this section.
(iii) Six months before the end of the 3-year
period described in clause (i), the Secretary of
Labor shall consider the findings of the report
mandated by section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986 as well
as other relevant materials, including evidence of benefits to United States workers and
costs to employers, addressing the advisability
of continuing a policy which requires an employer, as a condition for certification under
this section, to continue to accept qualified,
eligible United States workers for employ-

Page 224

ment after the date the H–2A workers depart
for work with the employer. The Secretary’s
review of such findings and materials shall
lead to the issuance of findings in furtherance
of the Congressional policy that aliens not be
admitted under this section unless there are
not sufficient workers in the United States
who are able, willing, and qualified to perform
the labor or service needed and that the employment of the aliens in such labor or services will not adversely affect the wages and
working conditions of workers in the United
States similarly employed. In the absence of
the enactment of Federal legislation prior to
three months before the end of the 3-year period described in clause (i) which addresses the
subject matter of this subparagraph, the Secretary shall immediately publish the findings
required by this clause, and shall promulgate,
on an interim or final basis, regulations based
on his findings which shall be effective no
later than three years from the effective date
of this section.
(iv) In complying with clause (i) of this subparagraph, an association shall be allowed to
refer or transfer workers among its members:
Provided, That for purposes of this section an
association acting as an agent for its members
shall not be considered a joint employer merely because of such referral or transfer.
(v) United States workers referred or transferred pursuant to clause (iv) of this subparagraph shall not be treated disparately.
(vi) An employer shall not be liable for payments under section 655.202(b)(6) of title 20,
Code of Federal Regulations (or any successor
regulation) with respect to an H–2A worker
who is displaced due to compliance with the
requirement of this subparagraph, if the Secretary of Labor certifies that the H–2A worker
was displaced because of the employer’s compliance with clause (i) of this subparagraph.
(vii)(I) No person or entity shall willfully
and knowingly withhold domestic workers
prior to the arrival of H–2A workers in order
to force the hiring of domestic workers under
clause (i).
(II) Upon the receipt of a complaint by an
employer that a violation of subclause (I) has
occurred the Secretary shall immediately investigate. He shall within 36 hours of the receipt of the complaint issue findings concerning the alleged violation. Where the Secretary
finds that a violation has occurred, he shall
immediately suspend the application of clause
(i) of this subparagraph with respect to that
certification for that date of need.
(4) Housing
Employers shall furnish housing in accordance with regulations. The employer shall be
permitted at the employer’s option to provide
housing meeting applicable Federal standards
for temporary labor camps or to secure housing which meets the local standards for rental
and/or public accommodations or other substantially similar class of habitation: Provided, That in the absence of applicable local
standards, State standards for rental and/or
public accommodations or other substantially
similar class of habitation shall be met: Pro-

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TITLE 8—ALIENS AND NATIONALITY

vided further, That in the absence of applicable
local or State standards, Federal temporary
labor camp standards shall apply: Provided further, That the Secretary of Labor shall issue
regulations which address the specific requirements of housing for employees principally engaged in the range production of livestock:
Provided further, That when it is the prevailing
practice in the area and occupation of intended employment to provide family housing,
family housing shall be provided to workers
with families who request it: And provided further, That nothing in this paragraph shall require an employer to provide or secure housing for workers who are not entitled to it
under the temporary labor certification regulations in effect on June 1, 1986. The determination as to whether the housing furnished
by an employer for an H–2A worker meets the
requirements imposed by this paragraph must
be made prior to the date specified in paragraph (3)(A) by which the Secretary of Labor
is required to make a certification described
in subsection (a)(1) of this section with respect
to a petition for the importation of such worker.
(d) Roles of agricultural associations
(1) Permitting filing by agricultural associations
A petition to import an alien as a temporary
agricultural worker, and an application for a
labor certification with respect to such a
worker, may be filed by an association of agricultural producers which use agricultural
services.
(2) Treatment of associations acting as employers
If an association is a joint or sole employer
of temporary agricultural workers, the certifications granted under this section to the association may be used for the certified job opportunities of any of its producer members
and such workers may be transferred among
its producer members to perform agricultural
services of a temporary or seasonal nature for
which the certifications were granted.
(3) Treatment of violations
(A) Member’s violation does not necessarily
disqualify association or other members
If an individual producer member of a
joint employer association is determined to
have committed an act that under subsection (b)(2) of this section results in the
denial of certification with respect to the
member, the denial shall apply only to that
member of the association unless the Secretary determines that the association or
other member participated in, had knowledge of, or reason to know of, the violation.
(B) Association’s violation does not necessarily disqualify members
(i) If an association representing agricultural producers as a joint employer is determined to have committed an act that under
subsection (b)(2) of this section results in
the denial of certification with respect to
the association, the denial shall apply only
to the association and does not apply to any

§ 1188

individual producer member of the association unless the Secretary determines that
the member participated in, had knowledge
of, or reason to know of, the violation.
(ii) If an association of agricultural producers certified as a sole employer is determined to have committed an act that under
subsection (b)(2) of this section results in
the denial of certification with respect to
the association, no individual producer
member of such association may be the beneficiary of the services of temporary alien
agricultural workers admitted under this
section in the commodity and occupation in
which such aliens were employed by the association which was denied certification during the period such denial is in force, unless
such producer member employs such aliens
in the commodity and occupation in question directly or through an association
which is a joint employer of such workers
with the producer member.
(e) Expedited administrative appeals of certain
determinations
(1) Regulations shall provide for an expedited
procedure for the review of a denial of certification under subsection (a)(1) of this section or
a revocation of such a certification or, at the applicant’s request, for a de novo administrative
hearing respecting the denial or revocation.
(2) The Secretary of Labor shall expeditiously,
but in no case later than 72 hours after the time
a new determination is requested, make a new
determination on the request for certification in
the case of an H–2A worker if able, willing, and
qualified eligible individuals are not actually
available at the time such labor or services are
required and a certification was denied in whole
or in part because of the availability of qualified
workers. If the employer asserts that any eligible individual who has been referred is not able,
willing, or qualified, the burden of proof is on
the employer to establish that the individual referred is not able, willing, or qualified because of
employment-related reasons.
(f) Violators disqualified for 5 years
An alien may not be admitted to the United
States as a temporary agricultural worker if the
alien was admitted to the United States as such
a worker within the previous five-year period
and the alien during that period violated a term
or condition of such previous admission.
(g) Authorization of appropriations
(1) There are authorized to be appropriated for
each fiscal year, beginning with fiscal year 1987,
$10,000,000 for the purposes—
(A) of recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants described
in section 1101(a)(15)(H)(ii)(a) of this title, and
(B) of monitoring terms and conditions
under which such nonimmigrants (and domestic workers employed by the same employers)
are employed in the United States.
(2) The Secretary of Labor is authorized to
take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure

§ 1188

TITLE 8—ALIENS AND NATIONALITY

employer compliance with terms and conditions
of employment under this section.
(3) There are authorized to be appropriated for
each fiscal year, beginning with fiscal year 1987,
such sums as may be necessary for the purpose
of enabling the Secretary of Labor to make determinations and certifications under this section and under section 1182(a)(5)(A)(i) of this
title.
(4) There are authorized to be appropriated for
each fiscal year, beginning with fiscal year 1987,
such sums as may be necessary for the purposes
of enabling the Secretary of Agriculture to
carry out the Secretary’s duties and responsibilities under this section.
(h) Miscellaneous provisions
(1) The Attorney General shall provide for
such endorsement of entry and exit documents
of
nonimmigrants
described
in
section
1101(a)(15)(H)(ii) of this title as may be necessary
to carry out this section and to provide notice
for purposes of section 1324a of this title.
(2) The provisions of subsections (a) and (c) of
section 1184 of this title and the provisions of
this section preempt any State or local law regulating admissibility of nonimmigrant workers.
(i) Definitions
For purposes of this section:
(1) The term ‘‘eligible individual’’ means,
with respect to employment, an individual
who is not an unauthorized alien (as defined in
section 1324a(h)(3) of this title) with respect to
that employment.
(2) The term ‘‘H–2A worker’’ means a nonimmigrant
described
in
section
1101(a)(15)(H)(ii)(a) of this title.
(June 27, 1952, ch. 477, title II, ch. 2, § 218, formerly § 216, as added Pub. L. 99–603, title III,
§ 301(c), Nov. 6, 1986, 100 Stat. 3411; renumbered
§ 218 and amended Pub. L. 100–525, § 2(l)(2), (3),
Oct. 24, 1988, 102 Stat. 2612; Pub. L. 102–232, title
III, §§ 307(l)(4), 309(b)(8), Dec. 12, 1991, 105 Stat.
1756, 1759; Pub. L. 103–416, title II, § 219(z)(8), Oct.
25, 1994, 108 Stat. 4318; Pub. L. 106–78, title VII,
§ 748, Oct. 22, 1999, 113 Stat. 1167; Pub. L. 106–554,
§ 1(a)(1) [title I, § 105], Dec. 21, 2000, 114 Stat. 2763,
2763A–11.)
REFERENCES IN TEXT
Section 403(a)(4)(D) of the Immigration Reform and
Control Act of 1986, referred to in subsec. (c)(3)(B)(iii),
is section 403(a)(4)(D) of Pub. L. 99–603, which is set out
in a note under this section.
CODIFICATION
Section was classified to section 1186 of this title
prior to its renumbering by Pub. L. 100–525.
AMENDMENTS
2000—Subsec. (c)(4). Pub. L. 106–554 inserted at end
‘‘The determination as to whether the housing furnished by an employer for an H–2A worker meets the
requirements imposed by this paragraph must be made
prior to the date specified in paragraph (3)(A) by which
the Secretary of Labor is required to make a certification described in subsection (a)(1) of this section with
respect to a petition for the importation of such worker.’’
1999—Subsec. (c)(1). Pub. L. 106–78, § 748(1), substituted
‘‘45 days’’ for ‘‘60 days’’.
Subsec. (c)(3)(A). Pub. L. 106–78, § 748(2), substituted
‘‘30 days’’ for ‘‘20 days’’ in introductory provisions.

Page 226

1994—Subsec. (i)(1). Pub. L. 103–416 made technical
correction to directory language of Pub. L. 102–232,
§ 309(b)(8). See 1991 Amendment note below.
1991—Subsec. (g)(3). Pub. L. 102–232, § 307(l)(4), substituted
‘‘section
1182(a)(5)(A)(i)’’
for
‘‘section
1182(a)(14)’’.
Subsec. (i)(1). Pub. L. 102–232, § 309(b)(8), as amended
by Pub. L. 103–416, substituted ‘‘1324a(h)(3)’’ for
‘‘1324a(h)’’.
1988—Pub. L. 100–525, § 2(l)(2)(A), made technical
amendment to directory language of Pub. L. 99–603,
§ 301(c), which enacted this section.
Subsec. (c)(4). Pub. L. 100–525, § 2(l)(3), substituted
‘‘accommodations’’ for ‘‘accomodations’’ wherever appearing.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 219(z) of Pub. L. 103–416 provided that the
amendment made by subsec. (z)(8) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of
1991, Pub. L. 102–232.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(l) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 603(a) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE 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 a note under section 1101 of this title.
EFFECTIVE DATE; REGULATIONS
Section 301(d), (e) of Pub. L. 99–603, as amended by
Pub. L. 100–525, § 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that:
‘‘(d) EFFECTIVE DATE.—The amendments made by this
section [enacting this section and amending sections
1101 and 1184] apply to petitions and applications filed
under sections 214(c) and 218 of the Immigration and
Nationality Act [8 U.S.C. 1184(c), 1188] on or after the
first day of the seventh month beginning after the date
of the enactment of this Act [Nov. 6, 1986] (hereinafter
in this section referred to as the ‘effective date’).
‘‘(e) REGULATIONS.—The Attorney General, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall approve all regulations to
be issued implementing sections 101(a)(15)(H)(ii)(a) and
218 of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(H)(ii)(a), 1188]. Notwithstanding any other
provision of law, final regulations to implement such
sections shall first be issued, on an interim or other
basis, not later than the effective date.’’
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.
SENSE OF CONGRESS RESPECTING CONSULTATION WITH
MEXICO
Section 301(f) of Pub. L. 99–603, as amended by Pub. L.
100–525, § 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided
that: ‘‘It is the sense of Congress that the President
should establish an advisory commission which shall
consult with the Governments of Mexico and of other
appropriate countries and advise the Attorney General
regarding the operation of the alien temporary worker
program established under section 218 of the Immigration and Nationality Act [8 U.S.C. 1188].’’
REPORTS ON H–2A PROGRAM
Section 403 of Pub. L. 99–603 provided that:

Page 227

TITLE 8—ALIENS AND NATIONALITY

‘‘(a) PRESIDENTIAL REPORTS.—The President shall
transmit to the Committees on the Judiciary of the
Senate and of the House of Representatives reports on
the implementation of the temporary agricultural
worker (H–2A) program, which shall include—
‘‘(1) the number of foreign workers permitted to be
employed under the program in each year;
‘‘(2) the compliance of employers and foreign workers with the terms and conditions of the program;
‘‘(3) the impact of the program on the labor needs
of the United States agricultural employers and on
the wages and working conditions of United States
agricultural workers; and
‘‘(4) recommendations for modifications of the program, including—
‘‘(A) improving the timeliness of decisions regarding admission of temporary foreign workers under
the program,
‘‘(B) removing any economic disincentives to hiring United States citizens or permanent resident
aliens for jobs for which temporary foreign workers
have been requested,
‘‘(C) improving cooperation among government
agencies, employers, employer associations, workers, unions, and other worker associations to end
the dependence of any industry on a constant supply of temporary foreign workers, and
‘‘(D) the relative benefits to domestic workers
and burdens upon employers of a policy which requires employers, as a condition for certification
under the program, to continue to accept qualified
United States workers for employment after the
date the H–2A workers depart for work with the employer.
The recommendations under subparagraph (D) shall be
made in furtherance of the Congressional policy that
aliens not be admitted under the H–2A program unless
there are not sufficient workers in the United States
who are able, willing, and qualified to perform the
labor or services needed and that the employment of
the alien in such labor or services will not adversely affect the wages and working conditions of workers in
the United States similarly employed.
‘‘(b) DEADLINES.—A report on the H–2A temporary
worker program under subsection (a) shall be submitted not later than two years after the date of the enactment of this Act [Nov. 6, 1986], and every two years
thereafter.’’
[Functions of President under section 403 of Pub. L.
99–603 delegated to Secretary of Labor by section 2(b) of
Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, set out as
a note under section 1364 of this title.]

§ 1189. Designation of foreign terrorist organizations
(a) Designation
(1) In general
The Secretary is authorized to designate an
organization as a foreign terrorist organization in accordance with this subsection if the
Secretary finds that—
(A) the organization is a foreign organization;
(B) the organization engages in terrorist
activity (as defined in section 1182(a)(3)(B) of
this title or terrorism (as defined in section
2656f(d)(2) of title 22), or retains the capability and intent to engage in terrorist activity
or terrorism) 1; and
(C) the terrorist activity or terrorism of
the organization threatens the security of
United States nationals or the national security of the United States.
1 So in original. The closing parenthesis probably should follow
‘‘section 1182(a)(3)(B) of this title’’.

§ 1189

(2) Procedure
(A) Notice
(i) To congressional leaders
Seven days before making a designation
under this subsection, the Secretary shall,
by classified communication, notify the
Speaker and Minority Leader of the House
of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the
relevant committees of the House of Representatives and the Senate, in writing, of
the intent to designate an organization
under this subsection, together with the
findings made under paragraph (1) with respect to that organization, and the factual
basis therefor.
(ii) Publication in Federal Register
The Secretary shall publish the designation in the Federal Register seven days
after providing the notification under
clause (i).
(B) Effect of designation
(i) For purposes of section 2339B of title 18,
a designation under this subsection shall
take effect upon publication under subparagraph (A)(ii).
(ii) Any designation under this subsection
shall cease to have effect upon an Act of
Congress disapproving such designation.
(C) Freezing of assets
Upon
notification
under
paragraph
(2)(A)(i), the Secretary of the Treasury may
require United States financial institutions
possessing or controlling any assets of any
foreign organization included in the notification to block all financial transactions involving those assets until further directive
from either the Secretary of the Treasury,
Act of Congress, or order of court.
(3) Record
(A) In general
In making a designation under this subsection, the Secretary shall create an administrative record.
(B) Classified information
The Secretary may consider classified information in making a designation under
this subsection. Classified information shall
not be subject to disclosure for such time as
it remains classified, except that such information may be disclosed to a court ex parte
and in camera for purposes of judicial review
under subsection (c) of this section.
(4) Period of designation
(A) In general
A designation under this subsection shall
be effective for all purposes until revoked
under paragraph (5) or (6) or set aside pursuant to subsection (c) of this section.
(B) Review of designation upon petition
(i) In general
The Secretary shall review the designation of a foreign terrorist organization

§ 1189

TITLE 8—ALIENS AND NATIONALITY

under the procedures set forth in clauses
(iii) and (iv) if the designated organization
files a petition for revocation within the
petition period described in clause (ii).
(ii) Petition period
For purposes of clause (i)—
(I) if the designated organization has
not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the
date on which the designation was made;
or
(II) if the designated organization has
previously filed a petition for revocation
under this subparagraph, the petition period begins 2 years after the date of the
determination made under clause (iv) on
that petition.
(iii) Procedures
Any foreign terrorist organization that
submits a petition for revocation under
this subparagraph must provide evidence
in that petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances
that were the basis for the designation
such that a revocation with respect to the
organization is warranted.
(iv) Determination
(I) In general
Not later than 180 days after receiving
a petition for revocation submitted
under this subparagraph, the Secretary
shall make a determination as to such
revocation.
(II) Classified information
The Secretary may consider classified
information in making a determination
in response to a petition for revocation.
Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under subsection (c) of this
section.
(III) Publication of determination
A determination made by the Secretary under this clause shall be published in the Federal Register.
(IV) Procedures
Any revocation by the Secretary shall
be made in accordance with paragraph
(6).
(C) Other review of designation
(i) In general
If in a 5-year period no review has taken
place under subparagraph (B), the Secretary shall review the designation of the
foreign terrorist organization in order to
determine
whether
such
designation
should be revoked pursuant to paragraph
(6).
(ii) Procedures
If a review does not take place pursuant
to subparagraph (B) in response to a peti-

Page 228

tion for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable
procedures shall not be reviewable in any
court.
(iii) Publication of results of review
The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.
(5) Revocation by Act of Congress
The Congress, by an Act of Congress, may
block or revoke a designation made under
paragraph (1).
(6) Revocation based on change in circumstances
(A) In general
The Secretary may revoke a designation
made under paragraph (1) at any time, and
shall revoke a designation upon completion
of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the
Secretary finds that—
(i) the circumstances that were the basis
for the designation have changed in such a
manner as to warrant revocation; or
(ii) the national security of the United
States warrants a revocation.
(B) Procedure
The procedural requirements of paragraphs (2) and (3) shall apply to a revocation
under this paragraph. Any revocation shall
take effect on the date specified in the revocation or upon publication in the Federal
Register if no effective date is specified.
(7) Effect of revocation
The revocation of a designation under paragraph (5) or (6) shall not affect any action or
proceeding based on conduct committed prior
to the effective date of such revocation.
(8) Use of designation in trial or hearing
If a designation under this subsection has
become effective under paragraph (2)(B) a defendant in a criminal action or an alien in a
removal proceeding shall not be permitted to
raise any question concerning the validity of
the issuance of such designation as a defense
or an objection at any trial or hearing.
(b) Amendments to a designation
(1) In general
The Secretary may amend a designation
under this subsection if the Secretary finds
that the organization has changed its name,
adopted a new alias, dissolved and then reconstituted itself under a different name or
names, or merged with another organization.
(2) Procedure
Amendments made to a designation in accordance with paragraph (1) shall be effective
upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) of
this section shall apply to an amended designation upon such publication. Paragraphs
(2)(A)(i), (4), (5), (6), (7), and (8) of subsection

Page 229

TITLE 8—ALIENS AND NATIONALITY

(a) of this section shall also apply to an
amended designation.
(3) Administrative record
The administrative record shall be corrected
to include the amendments as well as any additional relevant information that supports
those amendments.
(4) Classified information
The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such
time as it remains classified, except that such
information may be disclosed to a court ex
parte and in camera for purposes of judicial review under subsection (c) of this section.
(c) Judicial review of designation
(1) In general
Not later than 30 days after publication in
the Federal Register of a designation, an
amended designation, or a determination in
response to a petition for revocation, the designated organization may seek judicial review
in the United States Court of Appeals for the
District of Columbia Circuit.
(2) Basis of review
Review under this subsection shall be based
solely upon the administrative record, except
that the Government may submit, for ex parte
and in camera review, classified information
used in making the designation, amended designation, or determination in response to a petition for revocation.
(3) Scope of review
The Court shall hold unlawful and set aside
a designation, amended designation, or determination in response to a petition for revocation the court finds to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with
law;
(B) contrary to constitutional right,
power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory
right;
(D) lacking substantial support in the administrative record taken as a whole or in
classified information submitted to the
court under paragraph (2),2 or
(E) not in accord with the procedures required by law.
(4) Judicial review invoked
The pendency of an action for judicial review of a designation, amended designation, or
determination in response to a petition for
revocation shall not affect the application of
this section, unless the court issues a final
order setting aside the designation, amended
designation, or determination in response to a
petition for revocation.
(d) Definitions
As used in this section—
(1) the term ‘‘classified information’’ has the
meaning given that term in section 1(a) of the
2 So

in original. The comma probably should be a semicolon.

§ 1189

Classified Information Procedures Act (18
U.S.C. App.);
(2) the term ‘‘national security’’ means the
national defense, foreign relations, or economic interests of the United States;
(3) the term ‘‘relevant committees’’ means
the Committees on the Judiciary, Intelligence,
and Foreign Relations of the Senate and the
Committees on the Judiciary, Intelligence,
and International Relations of the House of
Representatives; and
(4) the term ‘‘Secretary’’ means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 2, § 219, as
added Pub. L. 104–132, title III, § 302(a), Apr. 24,
1996, 110 Stat. 1248; amended Pub. L. 104–208, div.
C, title III, § 356, title VI, § 671(c)(1), Sept. 30,
1996, 110 Stat. 3009–644, 3009–722; Pub. L. 107–56,
title IV, § 411(c), Oct. 26, 2001, 115 Stat. 349; Pub.
L. 108–458, title VII, § 7119(a)–(c), Dec. 17, 2004, 118
Stat. 3801, 3802.)
REFERENCES IN TEXT
Section 1(a) of the Classified Information Procedures
Act, referred to in subsec. (d)(1), is section 1(a) of Pub.
L. 96–456, which is set out in the Appendix to Title 18,
Crimes and Criminal Procedure.
CODIFICATION
Another section 411(c) of Pub. L. 107–56 enacted provisions set out as an Effective Date of 2001 Amendment
note under section 1182 of this title.
AMENDMENTS
2004—Subsec. (a)(3)(B). Pub. L. 108–458, § 7119(c)(1)(A),
substituted ‘‘subsection (c)’’ for ‘‘subsection (b)’’.
Subsec. (a)(4)(A). Pub. L. 108–458, § 7119(a)(1), substituted ‘‘A designation’’ for ‘‘Subject to paragraphs (5)
and (6), a designation’’ and ‘‘until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c)
of this section’’ for ‘‘for a period of 2 years beginning
on the effective date of the designation under paragraph (2)(B)’’.
Subsec. (a)(4)(B). Pub. L. 108–458, § 7119(a)(2), added
subpar. (B) and struck out former subpar. (B) which
contained provisions authorizing Secretary to redesignate a foreign organization as a foreign terrorist organization for an additional 2-year period at the end of
the 2-year period referred to in subpar. (A) or at the end
of any 2-year redesignation period.
Subsec. (a)(4)(C). Pub. L. 108–458, § 7119(a)(3), added
subpar. (C).
Subsec. (a)(6)(A). Pub. L. 108–458, § 7119(c)(1)(B)(i), substituted ‘‘at any time, and shall revoke a designation
upon completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4)’’ for ‘‘or a
redesignation made under paragraph (4)(B)’’ in introductory provisions.
Subsec. (a)(6)(A)(i). Pub. L. 108–458, § 7119(c)(1)(B)(ii),
struck out ‘‘or redesignation’’ after ‘‘the designation’’.
Subsec. (a)(7). Pub. L. 108–458, § 7119(c)(1)(C), struck
out ‘‘, or the revocation of a redesignation under paragraph (6),’’ before ‘‘shall not affect’’.
Subsec. (a)(8). Pub. L. 108–458, § 7119(c)(1)(D), struck
out ‘‘, or if a redesignation under this subsection has
become effective under paragraph (4)(B),’’ before ‘‘a defendant in a criminal action’’ and ‘‘or redesignation’’
after ‘‘such designation’’.
Subsec. (b). Pub. L. 108–458, § 7119(b)(2), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 108–458, § 7119(b)(1), redesignated
subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(1). Pub. L. 108–458, § 7119(c)(2)(A), substituted ‘‘in the Federal Register of a designation, an

§ 1201

TITLE 8—ALIENS AND NATIONALITY

amended designation, or a determination in response to
a petition for revocation, the designated organization
may seek judicial review’’ for ‘‘of the designation in
the Federal Register, an organization designated as a
foreign terrorist organization may seek judicial review
of the designation’’.
Subsec. (c)(2) to (4). Pub. L. 108–458, § 7119(c)(2)(B)–(D),
inserted ‘‘, amended designation, or determination in
response to a petition for revocation’’ after ‘‘designation’’ wherever appearing.
Subsec. (d). Pub. L. 108–458, § 7119(b)(1), redesignated
subsec. (c) as (d).
2001—Subsec. (a)(1)(B). Pub. L. 107–56, § 411(c)(1), inserted ‘‘or terrorism (as defined in section 2656f(d)(2) of
title 22), or retains the capability and intent to engage
in terrorist activity or terrorism’’ after ‘‘section
1182(a)(3)(B) of this title’’.
Subsec. (a)(1)(C). Pub. L. 107–56, § 411(c)(2), inserted
‘‘or terrorism’’ after ‘‘the terrorist activity’’.
Subsec. (a)(2)(A). Pub. L. 107–56, § 411(c)(3), reenacted
heading without change and amended text generally.
Prior to amendment, text read as follows: ‘‘Seven days
before making a designation under this subsection, the
Secretary shall, by classified communication—
‘‘(i) notify the Speaker and Minority Leader of the
House of Representatives, the President pro tempore,
Majority Leader, and Minority Leader of the Senate,
and the members of the relevant committees, in writing, of the intent to designate a foreign organization
under this subsection, together with the findings
made under paragraph (1) with respect to that organization, and the factual basis therefor; and
‘‘(ii) seven days after such notification, publish the
designation in the Federal Register.’’
Subsec. (a)(2)(B)(i). Pub. L. 107–56, § 411(c)(4), substituted ‘‘subparagraph (A)(ii)’’ for ‘‘subparagraph (A)’’.
Subsec. (a)(2)(C). Pub. L. 107–56, § 411(c)(5), substituted
‘‘paragraph (2)(A)(i)’’ for ‘‘paragraph (2)’’.
Subsec. (a)(3)(B). Pub. L. 107–56, § 411(c)(6), substituted
‘‘subsection (b) of this section’’ for ‘‘subsection (c) of
this section’’.
Subsec. (a)(4)(B). Pub. L. 107–56, § 411(c)(7), inserted
after first sentence ‘‘The Secretary also may redesignate such organization at the end of any 2-year redesignation period (but not sooner than 60 days prior to the
termination of such period) for an additional 2-year period upon a finding that the relevant circumstances described in paragraph (1) still exist. Any redesignation
shall be effective immediately following the end of the
prior 2-year designation or redesignation period unless
a different effective date is provided in such redesignation.’’
Subsec. (a)(6)(A). Pub. L. 107–56, § 411(c)(8)(A), inserted
‘‘or a redesignation made under paragraph (4)(B)’’ after
‘‘paragraph (1)’’ in introductory provisions.
Subsec. (a)(6)(A)(i). Pub. L. 107–56, § 411(c)(8)(B), inserted ‘‘or redesignation’’ after ‘‘basis for the designation’’ and struck out ‘‘of the designation’’ before semicolon.
Subsec. (a)(6)(A)(ii). Pub. L. 107–56, § 411(c)(8)(C),
struck out ‘‘of the designation’’ before period at end.
Subsec. (a)(6)(B). Pub. L. 107–56, § 411(c)(9), substituted
‘‘and (3)’’ for ‘‘through (4)’’ and inserted ‘‘Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if
no effective date is specified.’’ at end.
Subsec. (a)(7). Pub. L. 107–56, § 411(c)(10), inserted
‘‘, or the revocation of a redesignation under paragraph
(6),’’ after ‘‘paragraph (5) or (6)’’.
Subsec. (a)(8). Pub. L. 107–56, § 411(c)(11), substituted
‘‘paragraph (2)(B), or if a redesignation under this subsection has become effective under paragraph (4)(B)’’
for ‘‘paragraph (1)(B)’’ and inserted ‘‘or an alien in a removal proceeding’’ after ‘‘criminal action’’ and ‘‘or redesignation’’ before ‘‘as a defense’’.
1996—Pub. L. 104–208, § 671(c)(1), made technical
amendment to section catchline.
Subsec. (b)(3)(D), (E). Pub. L. 104–208, § 356, added subpars. (D) and (E).

Page 230

EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–56 effective Oct. 26, 2001,
and applicable to actions taken by an alien before, on,
or after Oct. 26, 2001, and to all aliens, regardless of
date of entry or attempted entry into the United
States, in removal proceedings on or after such date
(except for proceedings in which there has been a final
administrative decision before such date) or seeking
admission to the United States on or after such date,
with special rules and exceptions, see section 411(c) of
Pub. L. 107–56, set out as a note under section 1182 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 356 of Pub. L. 104–208 effective
as if included in the enactment of subtitle A of title IV
of the Antiterrorism and Effective Death Penalty Act
of 1996, Pub. L. 104–132, see section 358 of Pub. L. 104–208,
set out as a note under section 1182 of this title.
Section 671(c)(7) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this subsection
[amending this section and sections 1105a and 1252a of
this title] shall take effect as if included in the enactment of subtitle A of title IV of AEPDA [AEDPA, Pub.
L. 104–132].’’
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.
SAVINGS PROVISION
Pub. L. 108–458, title VII, § 7119(d), Dec. 17, 2004, 118
Stat. 3803, provided that: ‘‘For purposes of applying section 219 of the Immigration and Nationality Act [8
U.S.C. 1189] on or after the date of enactment of this
Act [Dec. 17, 2004], the term ‘designation’, as used in
that section, includes all redesignations made pursuant
to section 219(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this Act, and such redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).’’

PART III—ISSUANCE OF ENTRY DOCUMENTS
§ 1201. Issuance of visas
(a) Immigrants; nonimmigrants
(1) Under the conditions hereinafter prescribed
and subject to the limitations prescribed in this
chapter or regulations issued thereunder, a consular officer may issue
(A) to an immigrant who has made proper
application therefor, an immigrant visa which
shall consist of the application provided for in
section 1202 of this title, visaed by such consular officer, and shall specify the foreign
state, if any, to which the immigrant is
charged, the immigrant’s particular status
under such foreign state, the preference, immediate relative, or special immigrant classification to which the alien is charged, the date
on which the validity of the visa shall expire,
and such additional information as may be required; and
(B) to a nonimmigrant who has made proper
application therefor, a nonimmigrant visa,
which shall specify the classification under
section 1101(a)(15) of this title of the nonimmigrant, the period during which the nonimmigrant visa shall be valid, and such additional information as may be required.

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TITLE 8—ALIENS AND NATIONALITY

(2) The Secretary of State shall provide to the
Service an electronic version of the visa file of
each alien who has been issued a visa to ensure
that the data in that visa file is available to immigration inspectors at the United States ports
of entry before the arrival of the alien at such a
port of entry.
(b) Registration; photographs; waiver of requirement
Each alien who applies for a visa shall be registered in connection with his application, and
shall furnish copies of his photograph signed by
him for such use as may be by regulations required. The requirements of this subsection may
be waived in the discretion of the Secretary of
State in the case of any alien who is within that
class of nonimmigrants enumerated in sections
1101(a)(15)(A), and 1101(a)(15)(G) of this title, or
in the case of any alien who is granted a diplomatic visa on a diplomatic passport or on the
equivalent thereof.
(c) Period of validity; requirement of visa
An immigrant visa shall be valid for such period, not exceeding six months, as shall be by
regulations prescribed, except that any visa issued to a child lawfully adopted by a United
States citizen and spouse while such citizen is
serving abroad in the United States Armed
Forces, or is employed abroad by the United
States Government, or is temporarily abroad on
business, shall be valid until such time, for a period not to exceed three years, as the adoptive
citizen parent returns to the United States in
due course of his service, employment, or business. A nonimmigrant visa shall be valid for
such periods as shall be by regulations prescribed. In prescribing the period of validity of a
nonimmigrant visa in the case of nationals of
any foreign country who are eligible for such
visas, the Secretary of State shall, insofar as
practicable, accord to such nationals the same
treatment upon a reciprocal basis as such foreign country accords to nationals of the United
States who are within a similar class; except
that in the case of aliens who are nationals of a
foreign country and who either are granted refugee status and firmly resettled in another foreign country or are granted permanent residence and residing in another foreign country,
the Secretary of State may prescribe the period
of validity of such a visa based upon the treatment granted by that other foreign country to
alien refugees and permanent residents, respectively, in the United States. An immigrant visa
may be replaced under the original number during the fiscal year in which the original visa was
issued for an immigrant who establishes to the
satisfaction of the consular officer that he was
unable to use the original immigrant visa during the period of its validity because of reasons
beyond his control and for which he was not responsible: Provided, That the immigrant is found
by the consular officer to be eligible for an immigrant visa and the immigrant pays again the
statutory fees for an application and an immigrant visa.
(d) Physical examination
Prior to the issuance of an immigrant visa to
any alien, the consular officer shall require such

§ 1201

alien to submit to a physical and mental examination in accordance with such regulations as
may be prescribed. Prior to the issuance of a
nonimmigrant visa to any alien, the consular officer may require such alien to submit to a
physical or mental examination, or both, if in
his opinion such examination is necessary to ascertain whether such alien is eligible to receive
a visa.
(e) Surrender of visa
Each immigrant shall surrender his immigrant visa to the immigration officer at the port
of entry, who shall endorse on the visa the date
and the port of arrival, the identity of the vessel
or other means of transportation by which the
immigrant arrived, and such other endorsements as may be by regulations required.
(f) Surrender of documents
Each nonimmigrant shall present or surrender
to the immigration officer at the port of entry
such documents as may be by regulation required. In the case of an alien crewman not in
possession of any individual documents other
than a passport and until such time as it becomes practicable to issue individual documents, such alien crewman may be admitted,
subject to the provisions of this part, if his
name appears in the crew list of the vessel or
aircraft on which he arrives and the crew list is
visaed by a consular officer, but the consular officer shall have the right to deny admission to
any alien crewman from the crew list visa.
(g) Nonissuance of visas or other documents
No visa or other documentation shall be issued
to an alien if (1) it appears to the consular officer, from statements in the application, or in
the papers submitted therewith, that such alien
is ineligible to receive a visa or such other documentation under section 1182 of this title, or any
other provision of law, (2) the application fails
to comply with the provisions of this chapter, or
the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that
such alien is ineligible to receive a visa or such
other documentation under section 1182 of this
title, or any other provision of law: Provided,
That a visa or other documentation may be issued to an alien who is within the purview of
section 1182(a)(4) of this title, if such alien is
otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the
giving of a bond or undertaking providing indemnity as in the case of aliens admitted under
section 1183 of this title: Provided further, That a
visa may be issued to an alien defined in section
1101(a)(15)(B) or (F) of this title, if such alien is
otherwise entitled to receive a visa, upon receipt
of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such
conditions as the consular officer shall prescribe, to insure that at the expiration of the
time for which such alien has been admitted by
the Attorney General, as provided in section
1184(a) of this title, or upon failure to maintain
the status under which he was admitted, or to
maintain any status subsequently acquired
under section 1258 of this title, such alien will
depart from the United States.

§ 1201

TITLE 8—ALIENS AND NATIONALITY

(h) Nonadmission upon arrival
Nothing in this chapter shall be construed to
entitle any alien, to whom a visa or other documentation has been issued, to be admitted 1 the
United States, if, upon arrival at a port of entry
in the United States, he is found to be inadmissible under this chapter, or any other provision
of law. The substance of this subsection shall
appear upon every visa application.
(i) Revocation of visas or documents
After the issuance of a visa or other documentation to any alien, the consular officer or
the Secretary of State may at any time, in his
discretion, revoke such visa or other documentation. Notice of such revocation shall be
communicated to the Attorney General, and
such revocation shall invalidate the visa or
other documentation from the date of issuance:
Provided, That carriers or transportation companies, and masters, commanding officers, agents,
owners, charterers, or consignees, shall not be
penalized under section 1323(b) of this title for
action taken in reliance on such visas or other
documentation, unless they received due notice
of such revocation prior to the alien’s embarkation. There shall be no means of judicial review (including review pursuant to section 2241
of title 28 or any other habeas corpus provision,
and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation
provides the sole ground for removal under section 1227(a)(1)(B) of this title.
(June 27, 1952, ch. 477, title II, ch. 3, § 221, 66 Stat.
191; Pub. L. 87–301, § 4, Sept. 26, 1961, 75 Stat. 651;
Pub. L. 89–236, §§ 11(a), (b), 17, Oct. 3, 1965, 79
Stat. 918, 919; Pub. L. 97–116, § 18(f), Dec. 29, 1981,
95 Stat. 1620; Pub. L. 99–653, § 5(a), formerly
§ 5(a)(a)–(c), Nov. 14, 1986, 100 Stat. 3656, renumbered § 5(a), Pub. L. 100–525, § 8(d)(1), Oct. 24, 1988,
102 Stat. 2617; Pub. L. 101–649, title VI, § 603(a)(9),
Nov. 29, 1990, 104 Stat. 5083; Pub. L. 102–232, title
III, § 302(e)(8)(C), Dec. 12, 1991, 105 Stat. 1746; Pub.
L. 104–208, div. C, title III, § 308(d)(4)(G), (f)(2)(B),
title VI, § 631, Sept. 30, 1996, 110 Stat. 3009–618,
3009–621, 3009–700; Pub. L. 107–173, title III, § 301,
May 14, 2002, 116 Stat. 552; Pub. L. 108–458, title
V, § 5304(a), Dec. 17, 2004, 118 Stat. 3736.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1), (g), and
(h), was in the original, ‘‘this Act’’, meaning act June
27, 1952, ch. 477, 66 Stat. 163, known as the Immigration
and Nationality Act, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
1101 of this title and Tables.
AMENDMENTS
2004—Subsec. (i). Pub. L. 108–458 inserted at end
‘‘There shall be no means of judicial review (including
review pursuant to section 2241 of title 28 or any other
habeas corpus provision, and sections 1361 and 1651 of
such title) of a revocation under this subsection, except
in the context of a removal proceeding if such revocation provides the sole ground for removal under section
1227(a)(1)(B) of this title.’’
2002—Subsec. (a). Pub. L. 107–173 designated existing
provisions as par. (1), redesignated former pars. (1) and
1 So

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

Page 232

(2) as subpars. (A) and (B), respectively, of par. (1), and
added par. (2).
1996—Subsec. (c). Pub. L. 104–208, § 631, substituted
‘‘six months’’ for ‘‘four months’’ and inserted ‘‘; except
that in the case of aliens who are nationals of a foreign
country and who either are granted refugee status and
firmly resettled in another foreign country or are
granted permanent residence and residing in another
foreign country, the Secretary of State may prescribe
the period of validity of such a visa based upon the
treatment granted by that other foreign country to
alien refugees and permanent residents, respectively, in
the United States’’ after ‘‘within a similar class’’.
Subsec. (f). Pub. L. 104–208, § 308(d)(4)(G), substituted
‘‘deny admission to’’ for ‘‘exclude’’.
Subsec. (h). Pub. L. 104–208, § 308(f)(2)(B), substituted
‘‘be admitted’’ for ‘‘enter’’.
1991—Subsec. (a). Pub. L. 102–232 struck out ‘‘nonpreference,’’ before ‘‘immediate relative’’.
1990—Subsec. (g). Pub. L. 101–649 substituted
‘‘1182(a)(4) of this title’’ for ‘‘1182(a)(7), or section
1182(a)(15) of this title’’.
1988—Subsecs. (a) to (c). Pub. L. 100–525 made technical correction to Pub. L. 99–653, § 5. See 1986 Amendment note below.
1986—Subsec. (a). Pub. L. 99–653, § 5(a)(1), formerly
§ 5(a)(a), as redesignated by Pub. L. 100–525, in cl. (1)
substituted ‘‘specify the foreign state’’ for ‘‘specify the
quota’’, ‘‘under such foreign state’’ for ‘‘under such
quota’’, ‘‘special immigrant classification’’ for ‘‘special
immigration classification’’, and struck out ‘‘one copy
of’’ after ‘‘shall consist of’’.
Subsec. (b). Pub. L. 99–653, § 5(a)(2), formerly § 5(a)(b),
as redesignated by Pub. L. 100–525, amended subsec. (b)
generally, striking out ‘‘and fingerprinted’’ after ‘‘shall
be registered’’ and substituting ‘‘sections 1101(a)(15)(A)
and 1101(a)(15)(G) of this title’’ for ‘‘section
1101(a)(15)(A) and (G) of this title’’.
Subsec. (c). Pub. L. 99–653, § 5(a)(3), formerly § 5(a)(c),
as redesignated by Pub. L. 100–525, amended subsec. (c)
generally, substituting ‘‘during the fiscal year’’ for
‘‘during the year’’, ‘‘Provided, That the immigrant’’ for
‘‘Provided, the consular officer is in possession of the
duplicate signed copy of the original visa, the immigrant’’, and ‘‘statutory fees’’ for ‘‘statutory fee’’.
1981—Subsec. (a). Pub. L. 97–116 substituted a comma
for the period after ‘‘alien is charged’’.
1965—Subsec. (a). Pub. L. 89–236, § 11(a), substituted a
reference to preference, nonpreference, immediate relative, and special immigration classification, for a reference to nonquota categories to which immigrants are
classified.
Subsec. (c). Pub. L. 89–236, § 11(b), struck out references to ‘‘quota’’ wherever appearing.
Subsec. (g). Pub. L. 89–236, § 17, inserted proviso permitting issuance of student or visitors visas in cases
where the alien gives a bond so as to allow resolution
of doubts in borderline cases in which the consular officer is uncertain as to the bona fides of the nonimmigrant’s intention to remain in the United States temporarily.
1961—Subsec. (c). Pub. L. 87–301 provided that an immigrant visa issued to a child adopted by a United
States citizen and spouse while such citizen is serving
abroad in the United States Armed Forces or employed
abroad by our Government, or temporarily abroad on
business, shall remain valid to such time, but not exceeding three years, as the adoptive parent returns to
the United States in due course of service, employment
or business.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–458 effective Dec. 17, 2004,
and applicable to revocations under sections 1155 and
1201(i) of this title made before, on, or after such date,
see section 5304(d) of Pub. L. 108–458, set out as a note
under section 1155 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(G), (f)(2)(B) of Pub. L.
104–208 effective, with certain transitional provisions,

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TITLE 8—ALIENS AND NATIONALITY

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.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 302(e)(8) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 162(e) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 23(b) of Pub. L. 99–653, as added by Pub. L.
100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
‘‘The amendments made by sections 5, 6, 8, 9, and 10
[amending this section and sections 1202, 1301, 1302, and
1304 of this title and repealing section 1201a of this
title] apply to applications for immigrant visas made,
and visas issued, on or after November 14, 1986.’’
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
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.
PROCESSING OF VISA APPLICATIONS
Pub. L. 107–228, div. A, title II, § 233, Sept. 30, 2002, 116
Stat. 1373, provided that:
‘‘(a) IN GENERAL.—It shall be the policy of the Department [of State] to process each visa application
from an alien classified as an immediate relative or as
a K–1 nonimmigrant within 30 days of the receipt of all
necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an
immigrant visa application where the petitioner is a
relative other than an immediate relative, it should be
the policy of the Department to process such an application within 60 days of the receipt of all necessary
documents from the applicant and the Immigration and
Naturalization Service.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) IMMEDIATE RELATIVE.—The term ‘immediate
relative’ has the meaning given the term in section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)).
‘‘(2) K–1 NONIMMIGRANT.—The term ‘K–1 nonimmigrant’ means a nonimmigrant alien described in
section 101(a)(15)(K)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).’’
PREVENTION OF CONSULATE SHOPPING
Pub. L. 107–56, title IV, § 418, Oct. 26, 2001, 115 Stat.
355, provided that:
‘‘(a) REVIEW.—The Secretary of State shall review
how consular officers issue visas to determine if consular shopping is a problem.
‘‘(b) ACTIONS TO BE TAKEN.—If the Secretary of State
determines under subsection (a) that consular shopping
is a problem, the Secretary shall take steps to address
the problem and shall submit a report to Congress describing what action was taken.’’

§ 1201

Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II,
§ 237], Nov. 29, 1999, 113 Stat. 1536, 1501A–430, provided
that:
‘‘(a) POLICY.—It shall be the policy of the Department
of State to process immigrant visa applications of immediate relatives of United States citizens and nonimmigrant K–1 visa applications of fiances of United
States citizens within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the sponsor of such applicant is a relative other than an immediate relative,
it should be the policy of the Department of State to
process such an application within 60 days of the receipt of all necessary documents from the applicant
and the Immigration and Naturalization Service.
‘‘(b) REPORTS.—Not later than 180 days after the date
of enactment of this Act [Nov. 29, 1999], and not later
than 1 year thereafter, the Secretary of State shall submit to the appropriate congressional committees [Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Relations of the Senate] a report on the extent to which the Department of
State is meeting the policy standards under subsection
(a). Each report shall be based on a survey of the 22
consular posts which account for approximately 72 percent of immigrant visas issued and, in addition, the
consular posts in Guatemala City, Nicosia, Caracas,
Naples, and Jakarta. Each report should include data
on the average time for processing each category of
visa application under subsection (a), a list of the embassies and consular posts which do not meet the policy
standards under subsection (a), the amount of funds
collected worldwide for processing of visa applications
during the most recent fiscal year, the estimated costs
of processing such visa applications (based on the Department of State’s most recent fee study), the steps
being taken by the Department of State to achieve
such policy standards, and results achieved by the
interagency working group charged with the goal of reducing the overall processing time for visa applications.’’
PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS FOR CERTAIN RESIDENTS OF HONG
KONG
Section 154 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(d)(4), Dec. 12, 1991, 105 Stat. 1745,
provided that:
‘‘(a) EXTENDING PERIOD OF VALIDITY.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the limitation on the period of validity of an immigrant visa
under section 221(c) of the Immigration and Nationality Act [8 U.S.C. 1201(c)] shall not apply in the case
of an immigrant visa issued, on or after the date of
the enactment of this Act [Nov. 29, 1990] and before
September 1, 2001, to an alien described in subsection
(b), but only if—
‘‘(A) the alien elects, within the period of validity
of the immigrant visa under such section, to have
this section apply, and
‘‘(B) before the date the alien seeks to be admitted to the United States for lawful permanent residence, the alien notifies the appropriate consular
officer of the alien’s intention to seek such admission and provides such officer with such information as the officer determines to be necessary to
verify that the alien remains eligible for admission
to the United States as an immigrant.
‘‘(2) LIMITATION ON EXTENSION.—In no case shall the
period of validity of a visa be extended under paragraph (1) beyond January 1, 2002.
‘‘(3) TREATMENT UNDER NUMERICAL LIMITATIONS.—In
applying the numerical limitations of sections 201
and 202 of the Immigration and Nationality Act [8
U.S.C. 1151, 1152] in the case of aliens for whose visas
the period of validity is extended under this section,
such limitations shall only apply at the time of original issuance of the visas and not at the time of admission of such aliens.

§ 1201a

TITLE 8—ALIENS AND NATIONALITY

‘‘(b) ALIENS COVERED.—An alien is described in this
subsection if the alien—
‘‘(1)(A) is chargeable under section 202 of the Immigration and Nationality Act [8 U.S.C. 1152] to Hong
Kong or China, and
‘‘(B)(i) is residing in Hong Kong as of the date of
the enactment of this Act [Nov. 29, 1990] and is issued
an immigrant visa under paragraph (1), (2), (4), or (5)
of section 203(a) of the Immigration and Nationality
Act [8 U.S.C. 1153(a)] (as in effect on the date of the
enactment of this Act) or under section 203(a) or
203(b)(1) of such Act (as in effect on and after October
1, 1991), or (ii) is the spouse or child (as defined in
subsection (d)) of an alien described in clause (i), if
accompanying or following to join the alien in coming to the United States; or
‘‘(2) is issued a visa under section 124 of this Act
[enacting provisions set out as a note under section
1153 of this title].
‘‘(c) TREATMENT OF CERTAIN EMPLOYEES IN HONG
KONG.—
‘‘(1) IN GENERAL.—In applying the proviso of section
7 of the Central Intelligence Agency Act of 1949 [50
U.S.C. 403h], in the case of an alien described in paragraph (2), the Director may charge the entry of the
alien against the numerical limitation for any fiscal
year (beginning with fiscal year 1991 and ending with
fiscal year 1996) notwithstanding that the alien’s
entry is not made to the United States in that fiscal
year so long as such entry is made before the end of
fiscal year 1997.
‘‘(2) ALIENS COVERED.—An alien is described in this
paragraph if the alien—
‘‘(A) is an employee of the Foreign Broadcast Information Service in Hong Kong, or
‘‘(B) is the spouse or child (as defined in subsection (d)) of an alien described in subparagraph
(A), if accompanying or following to join the alien
in coming to the United States.
‘‘[(3) Repealed. Pub. L. 102–232, title III,
§ 302(d)(4)(C), Dec. 12, 1991, 105 Stat. 1745.]
‘‘(d) TREATMENT OF CHILDREN.—In this section, the
term ‘child’ has the meaning given such term in section
101(b)(1) of the Immigration and Nationality Act [8
U.S.C. 1101(b)(1)] and also includes (for purposes of this
section and the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] as it applies to this section) an alien
who was the child (as so defined) of the alien as of the
date of the issuance of an immigrant visa to the alien
described in subsection (b)(1) or, in the case described
in subsection (c), as of the date of charging of the entry
of the alien under the proviso under section 7 of the
Central Intelligence Agency Act of 1949 [50 U.S.C.
403h].’’
[Section 154 of Pub. L. 101–649 effective Nov. 29, 1990,
and (unless otherwise provided) applicable to fiscal
year 1991, see section 161(b) of Pub. L. 101–649, set out
as an Effective Date of 1990 Amendment note under section 1101 of this title.]
CUBAN POLITICAL PRISONERS AND IMMIGRANTS
Pub. L. 100–204, title IX, § 903, Dec. 22, 1987, 101 Stat.
1401, as amended by Pub. L. 104–208, div. C, title III,
§ 308(g)(7)(C)(iii), Sept. 30, 1996, 110 Stat. 3009–624, provided that:
‘‘(a) PROCESSING OF CERTAIN CUBAN POLITICAL PRISONERS AS REFUGEES.—In light of the announcement of
the Government of Cuba on November 20, 1987, that it
would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after
the date of the enactment of this Act [Dec. 22, 1987],
consular officers of the Department of State and appropriate officers of the Immigration and Naturalization
Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for
political reasons by the Government of Cuba on or after
January 1, 1959, without regard to the duration of such

Page 234

imprisonment, except as may be necessary to reassure
the orderly process of available applicants.
‘‘(b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF
CUBAN NATIONALS IN THIRD COUNTRIES.—Notwithstanding section 212(f) and section 243(d) of the Immigration
and Nationality Act [8 U.S.C. 1182(f), 1253(d)], on and
after the date of the enactment of this Act [Dec. 22,
1987], consular officers of the Department of State shall
process immigrant visa applications by nationals of
Cuba located in third countries on the same basis as
immigrant visa applications by nationals of other
countries.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘process’ means the acceptance and
review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.
‘‘(2) The term ‘refugee’ has the meaning given such
term in section 101(a)(42) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(42)].’’
Pub. L. 100–202, § 101(a) [title VII], Dec. 22, 1987, 101
Stat. 1329, 1329–39, as amended by Pub. L. 104–208, div.
C, title III, § 308(g)(7)(C)(ii), Sept. 30, 1996, 110 Stat.
3009–624, provided that:
‘‘SEC. 701. This title may be cited as ‘Cuban Political
Prisoners and Immigrants’.
‘‘SEC. 702. (a) PROCESSING OF CERTAIN CUBAN POLITICAL PRISONERS AS REFUGEES.—In light of the announcement of the Government of Cuba on November 20, 1987,
that it would reimplement immediately the agreement
of December 14, 1984, establishing normal migration
procedures between the United States and Cuba, on and
after the date of enactment of this Act [Dec. 22, 1987],
consular officer[s] of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures
applicable to such cases in other countries, process any
application for admission to the United States as a refugee from any Cuban national who was imprisoned for
political reasons by the Government of Cuba on or after
January 1, 1959, without regard to the duration of such
imprisonment, except as may be necessary to reassure
the orderly process of available applicants.
‘‘(b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF
CUBAN NATIONALS IN THIRD COUNTRIES.—Notwithstanding section 212(f) and section 243(d) of the Immigration
and Nationality Act [8 U.S.C. 1182(f), 1253(d)], on and
after the date of the enactment of this Act [Dec. 22,
1987], consular officers of the Department of State shall
process immigrant visa applications by nationals of
Cuba located in third countries on the same basis as
immigrant visa applications by nationals of other
countries.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘process’ means the acceptance and
review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.
‘‘(2) The term ‘refugee’ has the meaning given such
term in section 101(a)(42) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(42)].’’

§ 1201a. Repealed. Pub. L. 99–653, § 5(b), formerly
§ 5(a)(d), Nov. 14, 1986, 100 Stat. 3656, renumbered § 5(b), Pub. L. 100–525, § 8(d)(2), Oct. 24,
1988, 102 Stat. 2617
Section, Pub. L. 85–316, § 8, Sept. 11, 1957, 71 Stat. 641,
related to waiver of fingerprinting requirements for
nonimmigrant aliens.
EFFECTIVE DATE OF REPEAL
Repeal applicable to applications for immigrant visas
made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as an Effective Date
of 1986 Amendment note under section 1201 of this title.

§ 1202. Application for visas
(a) Immigrant visas
Every alien applying for an immigrant visa
and for alien registration shall make application

Page 235

TITLE 8—ALIENS AND NATIONALITY

therefor in such form and manner and at such
place as shall be by regulations prescribed. In
the application the alien shall state his full and
true name, and any other name which he has
used or by which he has been known; age and
sex; the date and place of his birth; and such additional information necessary to the identification of the applicant and the enforcement of the
immigration and nationality laws as may be by
regulations prescribed.
(b) Other documentary evidence for immigrant
visa
Every alien applying for an immigrant visa
shall present a valid unexpired passport or other
suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Secretary of State. The immigrant shall furnish to
the consular officer with his application a copy
of a certification by the appropriate police authorities stating what their records show concerning the immigrant; a certified copy of any
existing prison record, military record, and
record of his birth; and a certified copy of all
other records or documents concerning him or
his case which may be required by the consular
officer. The copy of each document so furnished
shall be permanently attached to the application and become a part thereof. In the event
that the immigrant establishes to the satisfaction of the consular officer that any document
or record required by this subsection is unobtainable, the consular officer may permit the
immigrant to submit in lieu of such document
or record other satisfactory evidence of the fact
to which such document or record would, if obtainable, pertain. All immigrant visa applications shall be reviewed and adjudicated by a
consular officer.
(c) Nonimmigrant visas; nonimmigrant registration; form, manner and contents of application
Every alien applying for a nonimmigrant visa
and for alien registration shall make application
therefor in such form and manner as shall be by
regulations prescribed. In the application the
alien shall state his full and true name, the date
and place of birth, his nationality, the purpose
and length of his intended stay in the United
States; his marital status; and such additional
information necessary to the identification of
the applicant, the determination of his eligibility for a nonimmigrant visa, and the enforcement of the immigration and nationality laws
as may be by regulations prescribed. The alien
shall provide complete and accurate information
in response to any request for information contained in the application. At the discretion of
the Secretary of State, application forms for the
various classes of nonimmigrant admissions described in section 1101(a)(15) of this title may
vary according to the class of visa being requested.
(d) Other documentary evidence for nonimmigrant visa
Every alien applying for a nonimmigrant visa
and alien registration shall furnish to the consular officer, with his application, a certified
copy of such documents pertaining to him as

§ 1202

may be by regulations required. All nonimmigrant visa applications shall be reviewed
and adjudicated by a consular officer.
(e) Signing and verification of application
Except as may be otherwise prescribed by regulations, each application for an immigrant visa
shall be signed by the applicant in the presence
of the consular officer, and verified by the oath
of the applicant administered by the consular
officer. The application for an immigrant visa,
when visaed by the consular officer, shall become the immigrant visa. The application for a
nonimmigrant visa or other documentation as a
nonimmigrant shall be disposed of as may be by
regulations prescribed. The issuance of a nonimmigrant visa shall, except as may be otherwise by regulations prescribed, be evidenced by
a stamp, or other 1 placed in the alien’s passport.
(f) Confidential nature of records
The records of the Department of State and of
diplomatic and consular offices of the United
States pertaining to the issuance or refusal of
visas or permits to enter the United States shall
be considered confidential and shall be used only
for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, except that—
(1) in the discretion of the Secretary of
State certified copies of such records may be
made available to a court which certifies that
the information contained in such records is
needed by the court in the interest of the ends
of justice in a case pending before the court.2
(2) the Secretary of State, in the Secretary’s
discretion and on the basis of reciprocity, may
provide to a foreign government information
in the Department of State’s computerized
visa lookout database and, when necessary and
appropriate, other records covered by this section related to information in the database—
(A) with regard to individual aliens, at any
time on a case-by-case basis for the purpose
of preventing, investigating, or punishing
acts that would constitute a crime in the
United States, including, but not limited to,
terrorism or trafficking in controlled substances, persons, or illicit weapons; or
(B) with regard to any or all aliens in the
database, pursuant to such conditions as the
Secretary of State shall establish in an
agreement with the foreign government in
which that government agrees to use such
information and records for the purposes described in subparagraph (A) or to deny visas
to persons who would be inadmissible to the
United States.
(g) Nonimmigrant visa void at conclusion of authorized period of stay
(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period
of stay authorized by the Attorney General,
such visa shall be void beginning after the conclusion of such period of stay.
(2) An alien described in paragraph (1) shall be
ineligible to be readmitted to the United States
as a nonimmigrant, except—
1 So
2 So

in original.
in original. The period probably should be ‘‘; and’’.

§ 1202

TITLE 8—ALIENS AND NATIONALITY

(A) on the basis of a visa (other than the visa
described in paragraph (1)) issued in a consular
office located in the country of the alien’s nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or
(B) where extraordinary circumstances are
found by the Secretary of State to exist.
(h) In person interview with consular officer
Notwithstanding any other provision of this
chapter, the Secretary of State shall require
every alien applying for a nonimmigrant visa—
(1) who is at least 14 years of age and not
more than 79 years of age to submit to an in
person interview with a consular officer unless
the requirement for such interview is waived—
(A) by a consular official and such alien
is—
(i) within that class of nonimmigrants
enumerated in subparagraph (A) or (G) of
section 1101(a)(15) of this title;
(ii) within the NATO visa category;
(iii) within that class of nonimmigrants
enumerated in section 1101(a)(15)(C)(iii) 3 of
this title (referred to as the ‘‘C–3 visa’’ category); or
(iv) granted a diplomatic or official visa
on a diplomatic or official passport or on
the equivalent thereof;
(B) by a consular official and such alien is
applying for a visa—
(i) not more than 12 months after the
date on which such alien’s prior visa expired;
(ii) for the visa classification for which
such prior visa was issued;
(iii) from the consular post located in
the country of such alien’s usual residence,
unless otherwise prescribed in regulations
that require an applicant to apply for a
visa in the country of which such applicant is a national; and
(iv) the consular officer has no indication that such alien has not complied with
the immigration laws and regulations of
the United States; or
(C) by the Secretary of State if the Secretary determines that such waiver is—
(i) in the national interest of the United
States; or
(ii) necessary as a result of unusual or
emergent circumstances; and
(2) notwithstanding paragraph (1), to submit
to an in person interview with a consular officer if such alien—
(A) is not a national or resident of the
country in which such alien is applying for a
visa;
(B) was previously refused a visa, unless
such refusal was overcome or a waiver of ineligibility has been obtained;
(C) is listed in the Consular Lookout and
Support System (or successor system at the
Department of State);
(D) is a national of a country officially
designated by the Secretary of State as a
3 So in original. Subpar. (C) of section 1101(a)(15) does not contain clauses.

Page 236

state sponsor of terrorism, except such nationals who possess nationalities of countries that are not designated as state sponsors of terrorism;
(E) requires a security advisory opinion or
other Department of State clearance, unless
such alien is—
(i) within that class of nonimmigrants
enumerated in subparagraph (A) or (G) of
section 1101(a)(15) of this title;
(ii) within the NATO visa category;
(iii) within that class of nonimmigrants
enumerated in section 1101(a)(15)(C)(iii) 3 of
this title (referred to as the ‘‘C–3 visa’’ category); or
(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or
(F) is identified as a member of a group or
sector that the Secretary of State determines—
(i) poses a substantial risk of submitting
inaccurate information in order to obtain
a visa;
(ii) has historically had visa applications
denied at a rate that is higher than the average rate of such denials; or
(iii) poses a security threat to the United
States.
(June 27, 1952, ch. 477, title II, ch. 3, § 222, 66 Stat.
193; Pub. L. 87–301, § 6, Sept. 26, 1961, 75 Stat. 653;
Pub. L. 89–236, § 11(c), Oct. 3, 1965, 79 Stat. 918;
Pub. L. 99–653, § 6, Nov. 14, 1986, 100 Stat. 3656;
Pub. L. 100–525, §§ 8(e), 9(j), Oct. 24, 1988, 102 Stat.
2617, 2620; Pub. L. 103–416, title II, § 205(a), Oct.
25, 1994, 108 Stat. 4311; Pub. L. 104–208, div. C,
title VI, §§ 632(a), 634, Sept. 30, 1996, 110 Stat.
3009–701; Pub. L. 107–56, title IV, § 413, Oct. 26,
2001, 115 Stat. 353; Pub. L. 108–458, title V,
§§ 5301(a), 5302, title VII, § 7203(b), Dec. 17, 2004,
118 Stat. 3735, 3736, 3814.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (h), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–458, § 7203(b)(1), inserted
at end ‘‘All immigrant visa applications shall be reviewed and adjudicated by a consular officer.’’
Subsec. (c). Pub. L. 108–458, § 5302, inserted after second sentence ‘‘The alien shall provide complete and accurate information in response to any request for information contained in the application.’’
Subsec. (d). Pub. L. 108–458, § 7203(b)(2), inserted at
end ‘‘All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.’’
Subsec. (h). Pub. L. 108–458, § 5301(a), added subsec.
(h).
2001—Subsec. (f). Pub. L. 107–56 inserted ‘‘—’’ after
‘‘except that’’ and ‘‘(1)’’ before ‘‘in the discretion’’, and
added par. (2).
1996—Subsec. (c). Pub. L. 104–208, § 634(a), struck out
‘‘personal description (including height, complexion,
color of hair and eyes, and marks of identification);’’
after ‘‘United States;’’, substituted ‘‘applicant, the determination of his eligibility for a nonimmigrant visa,’’
for ‘‘applicant’’, and inserted at end ‘‘At the discretion
of the Secretary of State, application forms for the var-

Page 237

TITLE 8—ALIENS AND NATIONALITY

ious classes of nonimmigrant admissions described in
section 1101(a)(15) of this title may vary according to
the class of visa being requested.’’
Subsec. (e). Pub. L. 104–208, § 634(b), in first sentence,
substituted ‘‘for an immigrant visa’’ for ‘‘required by
this section’’, and in fourth sentence, substituted
‘‘stamp, or other’’ for ‘‘stamp’’ and struck out ‘‘by the
consular officer’’ before ‘‘in the alien’s passport’’.
Subsec. (g). Pub. L. 104–208, § 632(a), added subsec. (g).
1994—Subsec. (a). Pub. L. 103–416, § 205(a), in second
sentence substituted ‘‘the alien’’ for ‘‘the immigrant’’
after ‘‘In the application’’ and struck out ‘‘present address and places of previous residence; whether married
or single, and the names and places of residence of
spouse and children, if any; calling or occupation; personal description (including height, complexion, color
of hair and eyes, and marks of identification); languages he can speak, read, or write; names and addresses of parents, and if neither parent living then the
name and address of his next of kin in the country from
which he comes; port of entry into the United States;
final destination, if any, beyond the port of entry;
whether he has a ticket through to such final destination; whether going to join a relative or friend, and, if
so, the name and complete address of such relative or
friend; the purpose for which he is going to the United
States; the length of time he intends to remain in the
United States; whether or not he intends to remain in
the United States permanently; whether he was ever
arrested, convicted or was ever in prison or almshouse;
whether he has ever been the beneficiary of a pardon or
an amnesty; whether he has ever been treated in an institution or hospital or other place for insanity or
other mental disease; if he claims to be an immediate
relative within the meaning of section 1151(b) of this
title or a preference or special immigrant, the facts on
which he bases such claim; whether or not he is a member of any class of individuals excluded from admission
into the United States, or whether he claims to be exempt from exclusion under the immigration laws;’’ before ‘‘and such additional information’’.
1988—Subsec. (a). Pub. L. 100–525, § 9(j), substituted
‘‘whether or not he intends’’ for ‘‘whether or not be intends’’.
Subsecs. (b), (e). Pub. L. 100–525, § 8(e), made technical
correction to Pub. L. 99–653, § 6. See 1986 Amendment
note below.
1986—Subsec. (b). Pub. L. 99–653, § 6(a), as amended by
Pub. L. 100–525, § 8(e)(1), substituted ‘‘a copy of’’ for
‘‘two copies of’’, ‘‘immigrant; a certified copy of’’ for
‘‘immigrant; two certified copies of’’, ‘‘and a certified
copy of’’ for ‘‘and two certified copies of’’, ‘‘The copy of
each’’ for ‘‘One copy of each’’, and ‘‘attached to the’’
for ‘‘attached to each copy of the’’.
Subsec. (e). Pub. L. 99–653, § 6(b), as amended by Pub.
L. 100–525, § 8(e)(2), substituted ‘‘each application’’ for
‘‘each copy of an application’’, ‘‘The application for’’
for ‘‘One copy of the application for’’, and ‘‘the immigrant visa’’ for ‘‘the immigrant visa, and the other
copy shall be disposed of as may be by regulations prescribed’’.
1965—Subsec. (a). Pub L. 89–236 substituted ‘‘an immediate relative within the meaning of section 1151 (b) of
this title or a preference or special immigrant’’, for
‘‘preference quota or a nonquota immigrant’’.
1961—Subsecs. (a), (c). Pub. L. 87–301 struck out requirement to state applicant’s race and ethnic classification.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–458, title V, § 5303, Dec. 17, 2004, 118 Stat.
3736, provided that: ‘‘Notwithstanding section 1086
[Pub. L. 108–458 does not contain a section 1086] or any
other provision of this Act [see Tables for classification], sections 5301 and 5302 [amending this section]
shall take effect 90 days after the date of enactment of
this Act [Dec. 17, 2004].’’
Pub. L. 108–458, title VII, § 7219, Dec. 17, 2004, 118 Stat.
3835, provided that: ‘‘Notwithstanding any other provision of this Act [see Tables for classification], this sub-

§ 1203

title [subtitle B (§§ 7201–7220) of title VII of Pub. L.
108–458, see Tables for classification] shall take effect
on the date of enactment of this Act [Dec. 17, 2004].’’
EFFECTIVE DATE OF 1996 AMENDMENT
Section 632(b) of div. C of Pub. L. 104–208 provided
that:
‘‘(1) VISAS.—Section 222(g)(1) of the Immigration and
Nationality Act [8 U.S.C. 1202(g)(1)], as added by subsection (a), shall apply to a visa issued before, on, or
after the date of the enactment of this Act [Sept. 30,
1996].
‘‘(2) ALIENS SEEKING READMISSION.—Section 222(g)(2)
of the Immigration and Nationality Act, as added by
subsection (a), shall apply to any alien applying for readmission to the United States after the date of the enactment of this Act, except an alien applying for readmission on the basis on a visa that—
‘‘(A) was issued before such date; and
‘‘(B) is not void through the application of section
222(g)(1) of the Immigration and Nationality Act, as
added by subsection (a).’’
EFFECTIVE DATE OF 1994 AMENDMENT
Section 205(b) of Pub. L. 103–416 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to applications made on or after
the date of the enactment of this Act [Oct. 25, 1994].’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 8(e) of Pub. L. 100–525 effective
as if included in the enactment of the Immigration and
Nationality Act Amendments of 1986, Pub. L. 99–653, see
section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note
under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–653 applicable to applications for immigrant visas made, and visas issued, on or
after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set
out as a note under section 1201 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
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.
SHARING OF CERTAIN INFORMATION
Pub. L. 109–162, title VIII, § 834, Jan. 5, 2006, 119 Stat.
3077, provided that: ‘‘Section 222(f) of the Immigration
and Nationality Act (8 U.S.C. 1202(f)) shall not be construed to prevent the sharing of information regarding
a United States petitioner for a visa under clause (i) or
(ii) of section 101(a)(15)(K) of such Act (8 U.S.C.
1101(a)(15)(K)) for the limited purposes of fulfilling disclosure obligations imposed by the amendments made
by section 832(a) [amending section 1184 of this title] or
by section 833 [enacting section 1375a of this title], including reporting obligations of the Comptroller General of the United States under section 833(f).’’

§ 1203. Reentry permit
(a) Application; contents
(1) Any alien lawfully admitted for permanent
residence, or (2) any alien lawfully admitted to
the United States pursuant to clause 6 of section
3 of the Immigration Act of 1924, between July
1, 1924, and July 5, 1932, both dates inclusive,

§ 1204

TITLE 8—ALIENS AND NATIONALITY

who intends to depart temporarily from the
United States may make application to the Attorney General for a permit to reenter the
United States, stating the length of his intended
absence or absences, and the reasons therefor.
Such applications shall be made under oath, and
shall be in such form, contain such information,
and be accompanied by such photographs of the
applicant as may be by regulations prescribed.
(b) Issuance of permit; nonrenewability
If the Attorney General finds (1) that the applicant under subsection (a)(1) of this section
has been lawfully admitted to the United States
for permanent residence, or that the applicant
under subsection (a)(2) of this section has since
admission maintained the status required of him
at the time of his admission and such applicant
desires to visit abroad and to return to the
United States to resume the status existing at
the time of his departure for such visit, (2) that
the application is made in good faith, and (3)
that the alien’s proposed departure from the
United States would not be contrary to the interests of the United States, the Attorney General may, in his discretion, issue the permit,
which shall be valid for not more than two years
from the date of issuance and shall not be renewable. The permit shall be in such form as
shall be by regulations prescribed for the complete identification of the alien.
(c) Multiple reentries
During the period of validity, such permit may
be used by the alien in making one or more applications for reentry into the United States.
(d) Presented and surrendered
Upon the return of the alien to the United
States the permit shall be presented to the immigration officer at the port of entry, and upon
the expiration of its validity, the permit shall be
surrendered to the Service.
(e) Permit in lieu of visa
A permit issued under this section in the possession of the person to whom issued, shall be
accepted in lieu of any visa which otherwise
would be required from such person under this
chapter. Otherwise a permit issued under this
section shall have no effect under the immigration laws except to show that the alien to whom
it was issued is returning from a temporary visit
abroad; but nothing in this section shall be construed as making such permit the exclusive
means of establishing that the alien is so returning.
(June 27, 1952, ch. 477, title II, ch. 3, § 223, 66 Stat.
194; Pub. L. 97–116, § 6, Dec. 29, 1981, 95 Stat. 1615.)
REFERENCES IN TEXT
Clause (6) of section 3 of the Immigration Act of 1924,
referred to in subsec. (a), which was classified to section 203(6) of this title, was repealed by section 403(a)(2)
of act June 27, 1952. See section 1101(a)(15)(E) of this
title.
This chapter, referred to in subsec. (e), 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.

Page 238

AMENDMENTS
1981—Subsec. (b). Pub. L. 97–116 substituted ‘‘two
years from the date of issuance and shall not be renewable’’ for ‘‘one year from the date of issuance: Provided,
That the Attorney General may in his discretion extend the validity of the permit for a period or periods
not exceeding one year in the aggregate’’.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.

§ 1204. Immediate relative and special immigrant
visas
A consular officer may, subject to the limitations provided in section 1201 of this title, issue
an immigrant visa to a special immigrant or immediate relative as such upon satisfactory
proof, under regulations prescribed under this
chapter, that the applicant is entitled to special
immigrant or immediate relative status.
(June 27, 1952, ch. 477, title II, ch. 3, § 224, 66 Stat.
195; Pub. L. 89–236, § 11(d), Oct. 3, 1965, 79 Stat.
918.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
AMENDMENTS
1965—Pub. L. 89–236 struck out reference to sections
1154 and 1155 of this title and substituted ‘‘special immigrant or immediate relative’’ for ‘‘nonquota immigrant’’.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.

§ 1205. Repealed. Pub. L. 87–301, § 24(a)(2), Sept.
26, 1961, 75 Stat. 657
Section, Pub. L. 85–316, § 4, Sept. 11, 1957, 71 Stat. 639;
Pub. L. 86–253, § 2, Sept. 9, 1959, 73 Stat. 490; Pub. L.
86–648, § 7, July 14, 1960, 74 Stat. 505, related to nonquota
immigrant visas for eligible orphans.

PART IV—INSPECTION, APPREHENSION,
EXAMINATION, EXCLUSION, AND REMOVAL
§ 1221. Lists of alien and citizen passengers arriving and departing
(a) Arrival manifests
For each commercial vessel or aircraft transporting any person to any seaport or airport of
the United States from any place outside the
United States, it shall be the duty of an appropriate official specified in subsection (d) of this
section to provide to any United States border
officer (as defined in subsection (i) of this sec-

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TITLE 8—ALIENS AND NATIONALITY

tion) at that port manifest information about
each passenger, crew member, and other occupant transported on such vessel or aircraft prior
to arrival at that port.
(b) Departure manifests
For each commercial vessel or aircraft taking
passengers on board at any seaport or airport of
the United States, who are destined to any place
outside the United States, it shall be the duty of
an appropriate official specified in subsection (d)
of this section to provide any United States border officer (as defined in subsection (i) of this
section) before departure from such port manifest information about each passenger, crew
member, and other occupant to be transported.
(c) Contents of manifest
The information to be provided with respect to
each person listed on a manifest required to be
provided under subsection (a) or (b) of this section shall include—
(1) complete name;
(2) date of birth;
(3) citizenship;
(4) sex;
(5) passport number and country of issuance;
(6) country of residence;
(7) United States visa number, date, and
place of issuance, where applicable;
(8) alien registration number, where applicable;
(9) United States address while in the United
States; and
(10) such other information the Attorney
General, in consultation with the Secretary of
State, and the Secretary of Treasury determines as being necessary for the identification
of the persons transported and for the enforcement of the immigration laws and to protect
safety and national security.
(d) Appropriate officials specified
An appropriate official specified in this subsection is the master or commanding officer, or
authorized agent, owner, or consignee, of the
commercial vessel or aircraft concerned.
(e) Deadline for requirement of electronic transmission of manifest information
Not later than January 1, 2003, manifest information required to be provided under subsection
(a) or (b) of this section shall be transmitted
electronically by the appropriate official specified in subsection (d) of this section to an immigration officer.
(f) Prohibition
No operator of any private or public carrier
that is under a duty to provide manifest information under this section shall be granted clearance papers until the appropriate official specified in subsection (d) of this section has complied with the requirements of this subsection,
except that, in the case of commercial vessels or
aircraft that the Attorney General determines
are making regular trips to the United States,
the Attorney General may, when expedient, arrange for the provision of manifest information
of persons departing the United States at a later
date.
(g) Penalties against noncomplying shipments,
aircraft, or carriers
If it shall appear to the satisfaction of the Attorney General that an appropriate official spec-

§ 1221

ified in subsection (d) of this section, any public
or private carrier, or the agent of any transportation line, as the case may be, has refused or
failed to provide manifest information required
by subsection (a) or (b) of this section, or that
the manifest information provided is not accurate and full based on information provided to
the carrier, such official, carrier, or agent, as
the case may be, shall pay to the Commissioner
the sum of $1,000 for each person with respect to
whom such accurate and full manifest information is not provided, or with respect to whom
the manifest information is not prepared as prescribed by this section or by regulations issued
pursuant thereto. No commercial vessel or aircraft shall be granted clearance pending determination of the question of the liability to the
payment of such penalty, or while it remains
unpaid, and no such penalty shall be remitted or
refunded, except that clearance may be granted
prior to the determination of such question upon
the deposit with the Commissioner of a bond or
undertaking approved by the Attorney General
or a sum sufficient to cover such penalty.
(h) Waiver
The Attorney General may waive the requirements of subsection (a) or (b) of this section
upon such circumstances and conditions as the
Attorney General may by regulation prescribe.
(i) United States border officer defined
In this section, the term ‘‘United States border officer’’ means, with respect to a particular
port of entry into the United States, any United
States official who is performing duties at that
port of entry.
(j) Record of citizens and resident aliens leaving
permanently for foreign countries
The Attorney General may authorize immigration officers to record the following information regarding every resident person leaving the
United States by way of the Canadian or Mexican borders for permanent residence in a foreign
country: Names, age, and sex; whether married
or single; calling or occupation; whether able to
read or write; nationality; country of birth;
country of which citizen or subject; race; last
permanent residence in the United States; intended future permanent residence; and time
and port of last arrival in the United States; and
if a United States citizen or national, the facts
on which claim to that status is based.
(June 27, 1952, ch. 477, title II, ch. 4, § 231, 66 Stat.
195; Pub. L. 97–116, § 18(g), Dec. 29, 1981, 95 Stat.
1620; Pub. L. 101–649, title V, § 543(a)(1), Nov. 29,
1990, 104 Stat. 5057; Pub. L. 102–232, title III,
§ 306(c)(4)(A), Dec. 12, 1991, 105 Stat. 1752; Pub. L.
104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996,
110 Stat. 3009–622; Pub. L. 107–77, title I, § 115,
Nov. 28, 2001, 115 Stat. 768; Pub. L. 107–173, title
IV, § 402(a), May 14, 2002, 116 Stat. 557.)
AMENDMENTS
2002—Pub. L. 107–173 added subsecs. (a) to (i), redesignated former subsec. (c) as (j), and struck out former
subsecs. (a), (b), (d), and (e), which related to shipment
or aircraft manifest, arrival, form and contents, exclusions in subsec. (a), departure, shipment or aircraft
manifest, form and contents, and exclusions in subsec.
(b), penalties against noncomplying shipments or air-

§ 1222

TITLE 8—ALIENS AND NATIONALITY

craft in subsec. (d), and waiver of requirements in subsec. (e).
2001—Subsec. (a). Pub. L. 107–77, § 115(a), amended subsec. (a) generally. Prior to amendment subsec. (a) read
as follows: ‘‘Upon the arrival of any person by water or
by air at any port within the United States from any
place outside the United States, it shall be the duty of
the master or commanding officer, or authorized agent,
owner, or consignee of the vessel or aircraft, having
any such person on board to deliver to the immigration
officers at the port of arrival typewritten or printed
lists or manifests of the persons on board such vessel or
aircraft. Such lists or manifests shall be prepared at
such time, be in such form and shall contain such information as the Attorney General shall prescribe by regulation as being necessary for the identification of the
persons transported and for the enforcement of the immigration laws. This subsection shall not require the
master or commanding officer, or authorized agent,
owner, or consignee of a vessel or aircraft to furnish a
list or manifest relating (1) to an alien crewman or (2)
to any other person arriving by air on a trip originating in foreign contiguous territory, except (with respect to such arrivals by air) as may be required by regulations issued pursuant to section 1224 of this title.’’
Subsec. (b). Pub. L. 107–77, § 115(b), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows: ‘‘It shall be the duty of the master or commanding officer or authorized agent of every vessel or
aircraft taking passengers on board at any port of the
United States, who are destined to any place outside
the United States, to file with the immigration officers
before departure from such port a list of all such persons taken on board. Such list shall be in such form,
contain such information, and be accompanied by such
documents, as the Attorney General shall prescribe by
regulation as necessary for the identification of the
persons so transported and for the enforcement of the
immigration laws. No master or commanding officer of
any such vessel or aircraft shall be granted clearance
papers for his vessel or aircraft until he or the authorized agent has deposited such list or lists and accompanying documents with the immigration officer at
such port and made oath that they are full and complete as to the information required to be contained
therein, except that in the case of vessels or aircraft
which the Attorney General determines are making
regular trips to ports of the United States, the Attorney General may, when expedient, arrange for the delivery of lists of outgoing persons at a later date. This
subsection shall not require the master or commanding
officer, or authorized agent, owner, or consignee of a
vessel or aircraft to furnish a list or manifest relating
(1) to an alien crewman or (2) to any other person departing by air on a trip originating in the United
States who is destined to foreign contiguous territory,
except (with respect to such departure by air) as may
be required by regulations issued pursuant to section
1224 of this title.’’
Subsec. (d). Pub. L. 107–77, § 115(c), directed amendment of heading by substituting ‘‘shipments, aircraft
or carriers’’ for ‘‘shipments or aircraft’’ and, in text inserted ‘‘, any public or private carrier,’’ after ‘‘or aircraft,’’ in first sentence and substituted ‘‘vessel, aircraft, train or bus’’ for ‘‘vessel or aircraft’’ in second
sentence.
1996—Subsecs. (a), (b). Pub. L. 104–208 substituted
‘‘section 1224’’ for ‘‘section 1229’’.
1991—Subsec. (d). Pub. L. 102–232 substituted ‘‘Commissioner’’ for ‘‘collector of customs’’ after ‘‘deposit
with the’’.
1990—Subsec. (d). Pub. L. 101–649 substituted ‘‘Commissioner the sum of $300’’ for ‘‘collector of customs at
the port of arrival or departure the sum of $10’’.
1981—Subsec. (d). Pub. L. 97–116 substituted ‘‘subsection’’ for ‘‘subsections’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–173, title IV, § 402(c), May 14, 2002, 116 Stat.
559, provided that: ‘‘The amendments made by sub-

Page 240

section (a) [amending this section] shall apply with respect to persons arriving in, or departing from, the
United States on or after the date of enactment of this
Act [May 14, 2002].’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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
Section 543(c) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsections (a) and (b) [amending
this section and sections 1227, 1229, 1282, 1284 to 1287,
1321 to 1323, and 1325 to 1328 of this title] shall apply to
actions taken after the date of the enactment of this
Act [Nov. 29, 1990].’’
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.
EXTENSION TO LAND CARRIERS
Pub. L. 107–173, title IV, § 402(b), May 14, 2002, 116 Stat.
559, provided that:
‘‘(1) STUDY.—The President shall conduct a study regarding the feasibility of extending the requirements of
subsections (a) and (b) of section 231 of the Immigration
and Nationality Act (8 U.S.C. 1221), as amended by subsection (a), to any commercial carrier transporting persons by land to or from the United States. The study
shall focus on the manner in which such requirement
would be implemented to enhance the national security
of the United States and the efficient cross-border flow
of commerce and persons.
‘‘(2) REPORT.—Not later than two years after the date
of enactment of this Act [May 14, 2002], the President
shall submit to Congress a report setting forth the findings of the study conducted under paragraph (1).’’

§ 1222. Detention of aliens for physical and mental examination
(a) Detention of aliens
For the purpose of determining whether aliens
(including alien crewmen) arriving at ports of
the United States belong to any of the classes
inadmissible under this chapter, by reason of
being afflicted with any of the diseases or mental or physical defects or disabilities set forth in
section 1182(a) of this title, or whenever the Attorney General has received information showing that any aliens are coming from a country
or have embarked at a place where any of such
diseases are prevalent or epidemic, such aliens
shall be detained by the Attorney General for a
sufficient time to enable the immigration officers and medical officers to subject such aliens
to observation and an examination sufficient to
determine whether or not they belong to inadmissible classes.

Page 241

TITLE 8—ALIENS AND NATIONALITY

(b) Physical and mental examination
The physical and mental examination of arriving aliens (including alien crewmen) shall be
made by medical officers of the United States
Public Health Service, who shall conduct all
medical examinations and shall certify, for the
information of the immigration officers and the
immigration judges, any physical and mental
defect or disease observed by such medical officers in any such alien. If medical officers of the
United States Public Health Service are not
available, civil surgeons of not less than four
years’ professional experience may be employed
for such service upon such terms as may be prescribed by the Attorney General. Aliens (including alien crewmen) arriving at ports of the
United States shall be examined by at least one
such medical officer or civil surgeon under such
administrative regulations as the Attorney General may prescribe, and under medical regulations prepared by the Secretary of Health and
Human Services. Medical officers of the United
States Public Health Service who have had special training in the diagnosis of insanity and
mental defects shall be detailed for duty or employed at such ports of entry as the Attorney
General may designate, and such medical officers shall be provided with suitable facilities for
the detention and examination of all arriving
aliens who it is suspected may be inadmissible
under paragraph (1) of section 1182(a) of this
title, and the services of interpreters shall be
provided for such examination. Any alien certified under paragraph (1) of section 1182(a) of
this title, may appeal to a board of medical officers of the United States Public Health Service,
which shall be convened by the Secretary of
Health and Human Services, and any such alien
may introduce before such board one expert
medical witness at his own cost and expense.
(c) Certification of certain helpless aliens
If an examining medical officer determines
that an alien arriving in the United States is inadmissible, is helpless from sickness, mental or
physical disability, or infancy, and is accompanied by another alien whose protection or
guardianship may be required, the officer may
certify such fact for purposes of applying section
1182(a)(10)(B) of this title with respect to the
other alien.
(June 27, 1952, ch. 477, title II, ch. 4, § 232, 66 Stat.
196; Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206], Oct. 18, 1986, 100 Stat. 1783–39,
1783–56, renumbered § 206(a), Pub. L. 100–525,
§ 4(b)(1), Oct. 24, 1988, 102 Stat. 2615; Pub. L.
99–591, § 101(b) [title II, § 206], Oct. 30, 1986, 100
Stat. 3341–39, 3341–56; Pub. L. 100–525, § 4(b)(2), (d),
Oct. 24, 1988, 102 Stat. 2615; Pub. L. 104–208, div.
C, title III, §§ 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H),
Sept. 30, 1996, 110 Stat. 3009–615, 3009–616,
3009–618.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.

§ 1222

CODIFICATION
The text of section 1224 of this title, which was transferred to subsec. (b) of this section by Pub. L. 104–208,
§ 308(b)(3)(C), was based on acts June 27, 1952, ch. 477,
title II, ch. 4, § 234, 66 Stat. 198; Oct. 24, 1988, Pub. L.
100–525, § 9(k), 102 Stat. 2620; Nov. 29, 1990, Pub. L.
101–649, title VI, § 603(a)(10), 104 Stat. 5083; Sept. 30, 1996,
Pub. L. 104–208, div. C, title III, §§ 308(b)(3)(A), (B),
(d)(3)(A), 371(b)(3), 110 Stat. 3009–615, 3009–617, 3009–645.
AMENDMENTS
1996—Pub. L. 104–208, § 308(b)(2)(B), amended section
catchline generally.
Pub. L. 104–208, § 308(b)(2)(A), inserted ‘‘(a) Detention
of aliens’’ before ‘‘For the purpose of’’.
Subsec. (a). Pub. L. 104–208, § 308(d)(4)(H), substituted
‘‘inadmissible under’’ for ‘‘excluded by’’ and ‘‘inadmissible classes’’ for ‘‘the excluded classes’’.
Subsec. (b). Pub. L. 104–208, § 308(b)(3)(C), transferred
section 1224 of this title to subsec. (b) of this section.
See Codification note above.
Subsec. (c). Pub. L. 104–208, § 308(c)(2)(A), added subsec. (c).
1988—Pub. L. 100–525, § 4(b)(1), (2), amended Pub. L.
99–500 and 99–591. See 1986 Amendment note below.
1986—Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly
§ 206], as redesignated and amended by Pub. L. 100–525,
§ 4(b)(1), (2), substituted ‘‘by the Attorney General’’ for
‘‘on board the vessel or at the airport of arrival of the
aircraft bringing them, unless the Attorney General directs their detention in a United States immigration
station or other place specified by him at the expense
of such vessel or aircraft except as otherwise provided
in this chapter, as circumstances may require or justify,’’.
Pub. L. 99–591, § 101(b) [title II, § 206], a corrected version of Pub. L. 99–500, § 101(b) [title II, § 206(a)], was repealed by Pub. L. 100–525, § 4(d), effective as of Oct. 30,
1986.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(b)(2), (3)(C), (c)(2)(A),
(d)(4)(H) 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.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 4(c) of Pub. L. 100–525 provided that: ‘‘The
amendments made by subsections (a) and (b) [amending
this section and sections 1223, 1227, and 1356 of this title
and enacting provisions set out as a note under section
1356 of this title] shall be effective as if they were included in the enactment of the Department of Justice
Appropriation Act, 1987 (as contained in section 101(b)
of Public Law 99–500).’’
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.
DESIGNATION OF UNITED STATES MILITARY PHYSICIANS
AS CIVIL SURGEONS
Pub. L. 102–484, div. A, title X, § 1079, Oct. 23, 1992, 106
Stat. 2514, as amended by Pub. L. 104–208, div. C, title
III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622, provided
that: ‘‘Notwithstanding any other provision of law,
United States military physicians with not less than
four years professional experience shall be considered
to be civil surgeons for the purpose of the performance
of physical examinations required under section 232(b)
of the Immigration and Nationality Act (8 U.S.C. 1224
[8 U.S.C. 1222(b)]) of special immigrants described in
section
101(a)(27)(K)
of
such
Act
(8
U.S.C.
1101(a)(27)(K)).’’

§ 1223

TITLE 8—ALIENS AND NATIONALITY

§ 1223. Entry through or from foreign territory
and adjacent islands
(a) Necessity of transportation contract
The Attorney General shall have power to
enter into contracts with transportation lines
for the inspection and admission of aliens coming to the United States from foreign territory
or from adjacent islands. No such transportation
line shall be allowed to land any such alien in
the United States until and unless it has entered
into any such contracts which may be required
by the Attorney General.
(b) Landing stations
Every transportation line engaged in carrying
alien passengers for hire to the United States
from foreign territory or from adjacent islands
shall provide and maintain at its expense suitable landing stations, approved by the Attorney
General, conveniently located at the point or
points of entry. No such transportation line
shall be allowed to land any alien passengers in
the United States until such landing stations
are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General.
(c) Landing agreements
The Attorney General shall have power to
enter into contracts including bonding agreements with transportation lines to guarantee
the passage through the United States in immediate and continuous transit of aliens destined
to foreign countries. Notwithstanding any other
provision of this chapter, such aliens may not
have their classification changed under section
1258 of this title.
(d) Definitions
As used in this section the terms ‘‘transportation line’’ and ‘‘transportation company’’ include, but are not limited to, the owner, charterer, consignee, or authorized agent operating
any vessel or aircraft or railroad train bringing
aliens to the United States, to foreign territory,
or to adjacent islands.
(June 27, 1952, ch. 477, title II, ch. 4, § 233, formerly § 238, 66 Stat. 202; Pub. L. 99–653, § 7(b),
Nov. 14, 1986, 100 Stat. 3657; renumbered § 233 and
amended Pub. L. 104–208, div. C, title III,
§§ 308(b)(4), (f)(4), 362, Sept. 30, 1996, 110 Stat.
3009–615, 3009–622, 3009–645.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), 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.
CODIFICATION
Section was formerly classified to section 1228 of this
title prior to renumbering by Pub. L. 104–208.
PRIOR PROVISIONS
A prior section 1223, act June 27, 1952, ch. 477, title II,
ch. 4, § 233, 66 Stat. 197, related to examinations of
aliens upon arrival in the United States, prior to repeal
by Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly
§ 206], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56; renumbered

Page 242

§ 206(a) and amended Pub. L. 100–525, § 4(b)(1), (3), Oct.
24, 1988, 102 Stat. 2615.
AMENDMENTS
1996—Pub. L. 104–208, § 362(a)(1), amended section
catchline.
Subsec. (a). Pub. L. 104–208, § 362(a)(2), struck out
‘‘contiguous’’ after ‘‘foreign’’.
Pub. L. 104–208, § 308(f)(4), substituted ‘‘inspection and
admission’’ for ‘‘entry and inspection’’.
Subsec. (b). Pub. L. 104–208, § 362(a)(2), struck out
‘‘contiguous’’ after ‘‘foreign’’.
Subsec. (d). Pub. L. 104–208, § 362(b), inserted ‘‘or railroad train’’ after ‘‘aircraft’’.
Pub. L. 104–208, § 362(a)(2), struck out ‘‘contiguous’’
after ‘‘foreign’’.
1986—Pub. L. 99–653 struck out subsec. (a) which authorized the Attorney General to enter into contracts
with transportation lines for the entry and inspection
of aliens and to prescribe regulations, and redesignated
subsecs. (b) to (e) as (a) to (d), respectively.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(b)(4), (f)(4) 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.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14,
1986, see section 23(a) of Pub. L. 99–653, set out as a note
under section 1101 of this title.
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.

§ 1224. Designation of ports of entry for aliens arriving by aircraft
The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens
arriving by aircraft any of the ports of entry for
civil aircraft designated as such in accordance
with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air
navigation with respect to giving notice of intention to land in advance of landing, or notice
of landing, as shall be deemed necessary for purposes of administration and enforcement of this
chapter; and (3) by regulation to provide for the
application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon
such conditions as he deems necessary. Any person who violates any regulation made under this
section shall be subject to a civil penalty of
$2,000 which may be remitted or mitigated by
the Attorney General in accordance with such
proceedings as the Attorney General shall by
regulation prescribe. In case the violation is by
the owner or person in command of the aircraft,
the penalty shall be a lien upon the aircraft, and
such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or
mitigation of the civil penalty shall be final. In
case the violation is by the owner or person in
command of the aircraft, the penalty shall be a
lien upon the aircraft and may be collected by

Page 243

TITLE 8—ALIENS AND NATIONALITY

proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its
direction other courts of the United States, are
authorized to prescribe rules regulating such
proceedings against aircraft in any particular
not otherwise provided by law. Any aircraft
made subject to a lien by this section may be
summarily seized by, and placed in the custody
of such persons as the Attorney General may by
regulation prescribe. The aircraft may be released from such custody upon deposit of such
amount not exceeding $2,000 as the Attorney
General may prescribe, or of a bond in such sum
and with such sureties as the Attorney General
may prescribe, conditioned upon the payment of
the penalty which may be finally determined by
the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 4, § 234, formerly § 239, 66 Stat. 203; Pub. L. 101–649, title V,
§ 543(a)(3), Nov. 29, 1990, 104 Stat. 5058; Pub. L.
102–232, title III, § 306(c)(2), Dec. 12, 1991, 105 Stat.
1752; renumbered § 234, Pub. L. 104–208, div. C,
title III, § 304(a)(1), Sept. 30, 1996, 110 Stat.
3009–587.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
CODIFICATION
Section was formerly classified to section 1229 of this
title prior to renumbering by Pub. L. 104–208.
PRIOR PROVISIONS
A prior section 1224, act June 27, 1952, ch. 477, title II,
ch. 4, § 234, 66 Stat. 198, as amended, which related to
physical and mental examinations, was renumbered
section 232(b) of act June 27, 1952, by Pub. L. 104–208,
div. C, title III, § 308(b)(3), Sept. 30, 1996, 110 Stat.
3009–615, and was transferred to section 1222(b) of this
title.
AMENDMENTS
1991—Pub. L. 102–232 made technical correction to directory language of Pub. L. 101–649. See 1990 Amendment note below.
1990—Pub. L. 101–649, as amended by Pub. L. 102–232,
substituted ‘‘$2,000’’ for ‘‘$500’’ in two places.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.
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.

§ 1225

§ 1225. Inspection by immigration officers; expedited removal of inadmissible arriving aliens;
referral for hearing
(a) Inspection
(1) Aliens treated as applicants for admission
An alien present in the United States who
has not been admitted or who arrives in the
United States (whether or not at a designated
port of arrival and including an alien who is
brought to the United States after having been
interdicted in international or United States
waters) shall be deemed for purposes of this
chapter an applicant for admission.
(2) Stowaways
An arriving alien who is a stowaway is not
eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to
apply for asylum under section 1158 of this
title or a fear of persecution, the officer shall
refer the alien for an interview under subsection (b)(1)(B) of this section. A stowaway
may apply for asylum only if the stowaway is
found to have a credible fear of persecution
under subsection (b)(1)(B) of this section. In no
case may a stowaway be considered an applicant for admission or eligible for a hearing
under section 1229a of this title.
(3) Inspection
All aliens (including alien crewmen) who are
applicants for admission or otherwise seeking
admission or readmission to or transit
through the United States shall be inspected
by immigration officers.
(4) Withdrawal of application for admission
An alien applying for admission may, in the
discretion of the Attorney General and at any
time, be permitted to withdraw the application for admission and depart immediately
from the United States.
(5) Statements
An applicant for admission may be required
to state under oath any information sought by
an immigration officer regarding the purposes
and intentions of the applicant in seeking admission to the United States, including the
applicant’s intended length of stay and whether the applicant intends to remain permanently or become a United States citizen, and
whether the applicant is inadmissible.
(b) Inspection of applicants for admission
(1) Inspection of aliens arriving in the United
States and certain other aliens who have
not been admitted or paroled
(A) Screening
(i) In general
If an immigration officer determines
that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in
clause (iii) is inadmissible under section
1182(a)(6)(C) or 1182(a)(7) of this title, the
officer shall order the alien removed from
the United States without further hearing

§ 1225

TITLE 8—ALIENS AND NATIONALITY

or review unless the alien indicates either
an intention to apply for asylum under
section 1158 of this title or a fear of persecution.
(ii) Claims for asylum
If an immigration officer determines
that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in
clause (iii) is inadmissible under section
1182(a)(6)(C) or 1182(a)(7) of this title and
the alien indicates either an intention to
apply for asylum under section 1158 of this
title or a fear of persecution, the officer
shall refer the alien for an interview by an
asylum officer under subparagraph (B).
(iii) Application to certain other aliens
(I) In general
The Attorney General may apply
clauses (i) and (ii) of this subparagraph
to any or all aliens described in subclause (II) as designated by the Attorney
General. Such designation shall be in the
sole and unreviewable discretion of the
Attorney General and may be modified
at any time.
(II) Aliens described
An alien described in this clause is an
alien who is not described in subparagraph (F), who has not been admitted or
paroled into the United States, and who
has not affirmatively shown, to the satisfaction of an immigration officer, that
the alien has been physically present in
the United States continuously for the 2year period immediately prior to the
date of the determination of inadmissibility under this subparagraph.
(B) Asylum interviews
(i) Conduct by asylum officers
An asylum officer shall conduct interviews of aliens referred under subparagraph (A)(ii), either at a port of entry or at
such other place designated by the Attorney General.
(ii) Referral of certain aliens
If the officer determines at the time of
the interview that an alien has a credible
fear of persecution (within the meaning of
clause (v)), the alien shall be detained for
further consideration of the application
for asylum.
(iii) Removal without further review if no
credible fear of persecution
(I) In general
Subject to subclause (III), if the officer
determines that an alien does not have a
credible fear of persecution, the officer
shall order the alien removed from the
United States without further hearing or
review.
(II) Record of determination
The officer shall prepare a written
record of a determination under subclause (I). Such record shall include a

Page 244

summary of the material facts as stated
by the applicant, such additional facts
(if any) relied upon by the officer, and
the officer’s analysis of why, in the light
of such facts, the alien has not established a credible fear of persecution. A
copy of the officer’s interview notes
shall be attached to the written summary.
(III) Review of determination
The Attorney General shall provide by
regulation and upon the alien’s request
for prompt review by an immigration
judge of a determination under subclause
(I) that the alien does not have a credible fear of persecution. Such review shall
include an opportunity for the alien to
be heard and questioned by the immigration judge, either in person or by telephonic or video connection. Review shall
be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case
later than 7 days after the date of the determination under subclause (I).
(IV) Mandatory detention
Any alien subject to the procedures
under this clause shall be detained pending a final determination of credible fear
of persecution and, if found not to have
such a fear, until removed.
(iv) Information about interviews
The Attorney General shall provide information concerning the asylum interview described in this subparagraph to
aliens who may be eligible. An alien who is
eligible for such interview may consult
with a person or persons of the alien’s
choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such
consultation shall be at no expense to the
Government and shall not unreasonably
delay the process.
(v) ‘‘Credible fear of persecution’’ defined
For purposes of this subparagraph, the
term ‘‘credible fear of persecution’’ means
that there is a significant possibility, taking into account the credibility of the
statements made by the alien in support of
the alien’s claim and such other facts as
are known to the officer, that the alien
could establish eligibility for asylum
under section 1158 of this title.
(C) Limitation on administrative review
Except as provided in subparagraph
(B)(iii)(III), a removal order entered in accordance with subparagraph (A)(i) or
(B)(iii)(I) is not subject to administrative
appeal, except that the Attorney General
shall provide by regulation for prompt review of such an order under subparagraph
(A)(i) against an alien who claims under
oath, or as permitted under penalty of perjury under section 1746 of title 28, after having been warned of the penalties for falsely
making such claim under such conditions, to
have been lawfully admitted for permanent

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TITLE 8—ALIENS AND NATIONALITY

residence, to have been admitted as a refugee under section 1157 of this title, or to
have been granted asylum under section 1158
of this title.
(D) Limit on collateral attacks
In any action brought against an alien
under section 1325(a) of this title or section
1326 of this title, the court shall not have jurisdiction to hear any claim attacking the
validity of an order of removal entered
under subparagraph (A)(i) or (B)(iii).
(E) ‘‘Asylum officer’’ defined
As used in this paragraph, the term ‘‘asylum officer’’ means an immigration officer
who—
(i) has had professional training in country conditions, asylum law, and interview
techniques comparable to that provided to
full-time adjudicators of applications
under section 1158 of this title, and
(ii) is supervised by an officer who meets
the condition described in clause (i) and
has had substantial experience adjudicating asylum applications.
(F) Exception
Subparagraph (A) shall not apply to an
alien who is a native or citizen of a country
in the Western Hemisphere with whose government the United States does not have full
diplomatic relations and who arrives by aircraft at a port of entry.
(G) Commonwealth of the Northern Mariana
Islands
Nothing in this subsection shall be construed to authorize or require any person described in section 1158(e) of this title to be
permitted to apply for asylum under section
1158 of this title at any time before January
1, 2014.
(2) Inspection of other aliens
(A) In general
Subject to subparagraphs (B) and (C), in
the case of an alien who is an applicant for
admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt
entitled to be admitted, the alien shall be
detained for a proceeding under section 1229a
of this title.
(B) Exception
Subparagraph (A) shall not apply to an
alien—
(i) who is a crewman,
(ii) to whom paragraph (1) applies, or
(iii) who is a stowaway.
(C) Treatment of aliens arriving from contiguous territory
In the case of an alien described in subparagraph (A) who is arriving on land
(whether or not at a designated port of arrival) from a foreign territory contiguous to
the United States, the Attorney General
may return the alien to that territory pending a proceeding under section 1229a of this
title.
(3) Challenge of decision
The decision of the examining immigration
officer, if favorable to the admission of any

§ 1225

alien, shall be subject to challenge by any
other immigration officer and such challenge
shall operate to take the alien whose privilege
to be admitted is so challenged, before an immigration judge for a proceeding under section
1229a of this title.
(c) Removal of aliens inadmissible on security
and related grounds
(1) Removal without further hearing
If an immigration officer or an immigration
judge suspects that an arriving alien may be
inadmissible under subparagraph (A) (other
than clause (ii)), (B), or (C) of section 1182(a)(3)
of this title, the officer or judge shall—
(A) order the alien removed, subject to review under paragraph (2);
(B) report the order of removal to the Attorney General; and
(C) not conduct any further inquiry or
hearing until ordered by the Attorney General.
(2) Review of order
(A) The Attorney General shall review orders issued under paragraph (1).
(B) If the Attorney General—
(i) is satisfied on the basis of confidential
information that the alien is inadmissible
under subparagraph (A) (other than clause
(ii)), (B), or (C) of section 1182(a)(3) of this
title, and
(ii) after consulting with appropriate security agencies of the United States Government, concludes that disclosure of the information would be prejudicial to the public interest, safety, or security,
the Attorney General may order the alien removed without further inquiry or hearing by
an immigration judge.
(C) If the Attorney General does not order
the removal of the alien under subparagraph
(B), the Attorney General shall specify the
further inquiry or hearing that shall be conducted in the case.
(3) Submission of statement and information
The alien or the alien’s representative may
submit a written statement and additional information for consideration by the Attorney
General.
(d) Authority relating to inspections
(1) Authority to search conveyances
Immigration officers are authorized to board
and search any vessel, aircraft, railway car, or
other conveyance or vehicle in which they believe aliens are being brought into the United
States.
(2) Authority to order detention and delivery
of arriving aliens
Immigration officers are authorized to order
an owner, agent, master, commanding officer,
person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an
alien crewmember) to the United States—
(A) to detain the alien on the vessel or at
the airport of arrival, and
(B) to deliver the alien to an immigration
officer for inspection or to a medical officer
for examination.

§ 1225

TITLE 8—ALIENS AND NATIONALITY

(3) Administration of oath and consideration of
evidence
The Attorney General and any immigration
officer shall have power to administer oaths
and to take and consider evidence of or from
any person touching the privilege of any alien
or person he believes or suspects to be an alien
to enter, reenter, transit through, or reside in
the United States or concerning any matter
which is material and relevant to the enforcement of this chapter and the administration of
the Service.
(4) Subpoena authority
(A) The Attorney General and any immigration officer shall have power to require by subpoena the attendance and testimony of witnesses before immigration officers and the
production of books, papers, and documents
relating to the privilege of any person to
enter, reenter, reside in, or pass through the
United States or concerning any matter which
is material and relevant to the enforcement of
this chapter and the administration of the
Service, and to that end may invoke the aid of
any court of the United States.
(B) Any United States district court within
the jurisdiction of which investigations or inquiries are being conducted by an immigration
officer may, in the event of neglect or refusal
to respond to a subpoena issued under this
paragraph or refusal to testify before an immigration officer, issue an order requiring such
persons to appear before an immigration officer, produce books, papers, and documents if
demanded, and testify, and any failure to obey
such order of the court may be punished by
the court as a contempt thereof.
(June 27, 1952, ch. 477, title II, ch. 4, § 235, 66 Stat.
198; Pub. L. 101–649, title VI, § 603(a)(11), Nov. 29,
1990, 104 Stat. 5083; Pub. L. 104–132, title IV,
§§ 422(a), 423(b), Apr. 24, 1996, 110 Stat. 1270, 1272;
Pub. L. 104–208, div. C, title III, §§ 302(a), 308(d)(5),
371(b)(4), Sept. 30, 1996, 110 Stat. 3009–579,
3009–619, 3009–645; Pub. L. 110–229, title VII,
§ 702(j)(5), May 8, 2008, 122 Stat. 867.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1) and (d)(3),
(4)(A), was in the original, ‘‘this Act’’, meaning act
June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 1101 of this title and Tables.
AMENDMENTS
2008—Subsec. (b)(1)(G). Pub. L. 110–229 added subpar.
(G).
1996—Pub. L. 104–208, § 302(a), amended section generally, revising and restating former subsecs. (a) to (d) relating to inspection of aliens arriving in the United
States, powers of immigration officers, detention of
aliens for further inquiry, temporary and permanent
exclusion of aliens, and collateral attacks on orders of
exclusion and deportation.
Pub. L. 104–208, § 371(b)(4), substituted ‘‘an immigration judge’’ for ‘‘a special inquiry officer’’, ‘‘immigration judge’’ for ‘‘special inquiry officer’’, and ‘‘immigration judges’’ for ‘‘special inquiry officers’’, wherever
appearing in subsecs. (a) to (c).
Subsec. (b). Pub. L. 104–132, § 422(a), which directed
the general amendment of subsec. (b) by substituting

Page 246

pars. (1) to (3) relating to asylum interviews and hearings, detention for further inquiry, and challenges of
favorable decisions, for former subsec. (b) consisting of
single par., was repealed by Pub. L. 104–208, § 308(d)(5).
See Construction of 1996 Amendment note below.
Subsec. (d). Pub. L. 104–132, § 423(b), added subsec. (d)
which read as follows: ‘‘In any action brought for the
assessment of penalties for improper entry or re-entry
of an alien under section 1325 or section 1326 of this
title, no court shall have jurisdiction to hear claims
collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under
this section or sections 1226 and 1252 of this title.’’
1990—Subsec. (c). Pub. L. 101–649 substituted ‘‘subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title’’ for ‘‘paragraph (27), (28), or
(29) of section 1182(a) of this title’’.
EFFECTIVE DATE OF 2008 AMENDMENT
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 1996 AMENDMENTS
Amendment by section 302(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.
Section 308(d)(5) of div. C of Pub. L. 104–208 provided
that the amendment made by that section is effective
as of Apr. 24, 1996. See Construction of 1996 Amendment
note below.
Amendment by section 371(b)(4) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, set out as a note under section 1101 of this title.
Section 422(c) of Pub. L. 104–132, which provided that
the amendments made by section 422 of Pub. L. 104–132
[amending this section and former section 1227 of this
title] were to take effect on the first day of the first
month that began more than 180 days after Apr. 24,
1996, was repealed by Pub. L. 104–208, div. C, title III,
§ 308(d)(5), Sept. 30, 1996, 110 Stat. 3009–619. See Construction of 1996 Amendment note below.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.
CONSTRUCTION OF 1996 AMENDMENT
Section 308(d)(5) of div. C of Pub. L. 104–208 provided
that: ‘‘Effective as of the date of the enactment of the
Antiterrorism and Effective Death Penalty Act of 1996
[Pub. L. 104–132, approved Apr. 24, 1996], section 422 of
such Act [amending this section and section 1227 of this
title, and enacting provisions set out as a note above]
is repealed and the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] shall be applied as if such section
had not been enacted.’’
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.
GAO STUDY ON OPERATION OF EXPEDITED REMOVAL
PROCEDURES
Section 302(b) of div. C of Pub. L. 104–208 provided
that:
‘‘(1) STUDY.—The Comptroller General shall conduct a
study on the implementation of the expedited removal
procedures under section 235(b)(1) of the Immigration

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TITLE 8—ALIENS AND NATIONALITY

and Nationality Act [8 U.S.C. 1225(b)(1)], as amended by
subsection (a). The study shall examine—
‘‘(A) the effectiveness of such procedures in deterring illegal entry,
‘‘(B) the detention and adjudication resources saved
as a result of the procedures,
‘‘(C) the administrative and other costs expended to
comply with the provision,
‘‘(D) the effectiveness of such procedures in processing asylum claims by undocumented aliens who assert a fear of persecution, including the accuracy of
credible fear determinations, and
‘‘(E) the cooperation of other countries and air carriers in accepting and returning aliens removed under
such procedures.
‘‘(2) REPORT.—By not later than 18 months after the
date of the enactment of this Act [Sept. 30, 1996], the
Comptroller General shall submit to the Committees
on the Judiciary of the House of Representatives and
the Senate a report on the study conducted under paragraph (1).’’
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of this chapter, any reference in law to
an order of removal is deemed to include a reference to
an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set
out in an Effective Date of 1996 Amendments note
under section 1101 of this title.

§ 1225a. Preinspection at foreign airports
(a) Establishment of preinspection stations
(1) NEW STATIONS.—Subject to paragraph (5),
not later than October 31, 1998, the Attorney
General, in consultation with the Secretary of
State, shall establish and maintain preinspection stations in at least 5 of the foreign
airports that are among the 10 foreign airports
which the Attorney General identifies as serving
as last points of departure for the greatest numbers of inadmissible alien passengers who arrive
from abroad by air at ports of entry within the
United States. Such preinspection stations shall
be in addition to any preinspection stations established prior to September 30, 1996.
(2) REPORT.—Not later than October 31, 1998,
the Attorney General shall report to the Committees on the Judiciary of the House of Representatives and of the Senate on the implementation of paragraph (1).
(3) DATA COLLECTION.—Not later than November 1, 1997, and each subsequent November 1, the
Attorney General shall compile data identifying—
(A) the foreign airports which served as last
points of departure for aliens who arrived by
air at United States ports of entry without
valid documentation during the preceding fiscal years;
(B) the number and nationality of such
aliens arriving from each such foreign airport;
and
(C) the primary routes such aliens followed
from their country of origin to the United
States.
(4) Subject to paragraph (5), not later than
January 1, 2008, the Secretary of Homeland Security, in consultation with the Secretary of
State, shall establish preinspection stations in
at least 25 additional foreign airports, which the
Secretary of Homeland Security, in consultation
with the Secretary of State, determines, based

§ 1225a

on the data compiled under paragraph (3) and
such other information as may be available,
would most effectively facilitate the travel of
admissible aliens and reduce the number of inadmissible aliens, especially aliens who are potential terrorists, who arrive from abroad by air at
points of entry within the United States. Such
preinspection stations shall be in addition to
those established before September 30, 1996, or
pursuant to paragraph (1).
(5) CONDITIONS.—Prior to the establishment of
a preinspection station, the Attorney General,
in consultation with the Secretary of State,
shall ensure that—
(A) employees of the United States stationed
at the preinspection station and their accompanying family members will receive appropriate protection;
(B) such employees and their families will
not be subject to unreasonable risks to their
welfare and safety; and
(C) the country in which the preinspection
station is to be established maintains practices and procedures with respect to asylum
seekers and refugees in accordance with the
Convention Relating to the Status of Refugees
(done at Geneva, July 28, 1951), or the Protocol
Relating to the Status of Refugees (done at
New York, January 31, 1967), or that an alien
in the country otherwise has recourse to avenues of protection from return to persecution.
(b) Establishment of carrier consultant program
and immigration security initiative
The Secretary of Homeland Security shall assign additional immigration officers to assist air
carriers in the detection of fraudulent documents at foreign airports which, based on the
records maintained pursuant to subsection (a)(3)
of this section, served as a point of departure for
a significant number of arrivals at United
States ports of entry without valid documentation, but where no preinspection station exists.
Beginning not later than December 31, 2006, the
number of airports selected for an assignment
under this subsection shall be at least 50.
(June 27, 1952, ch. 477, title II, ch. 4, § 235A, as
added Pub. L. 104–208, div. C, title I, § 123(a),
Sept. 30, 1996, 110 Stat. 3009–560; amended Pub. L.
108–458, title VII, §§ 7206(a), 7210(d)(1), Dec. 17,
2004, 118 Stat. 3817, 3825.)
CODIFICATION
September 30, 1996, referred to in subsec. (a)(1), was in
the original ‘‘the date of the enactment of such Act’’,
which was translated as meaning the date of enactment
of Pub. L. 104–208, which enacted this section, to reflect
the probable intent of Congress.
AMENDMENTS
2004—Subsec. (a)(4). Pub. L. 108–458, § 7210(d)(1),
amended par. (4) generally. Prior to amendment, par.
(4) read as follows: ‘‘(4) ADDITIONAL STATIONS.—Subject
to paragraph (5), not later than October 31, 2000, the Attorney General, in consultation with the Secretary of
State, shall establish preinspection stations in at least
5 additional foreign airports which the Attorney General, in consultation with the Secretary of State, determines, based on the data compiled under paragraph (3)
and such other information as may be available, would
most effectively reduce the number of aliens who arrive
from abroad by air at points of entry within the United
States who are inadmissible to the United States. Such

§ 1226

TITLE 8—ALIENS AND NATIONALITY

preinspection stations shall be in addition to those established prior to September 30, 1996, or pursuant to
paragraph (1).’’
Subsec. (b). Pub. L. 108–458, § 7206(a), inserted ‘‘and
immigration security initiative’’ after ‘‘program’’ in
heading, substituted ‘‘Secretary of Homeland Security’’
for ‘‘Attorney General’’ in text, and inserted at end
‘‘Beginning not later than December 31, 2006, the number of airports selected for an assignment under this
subsection shall be at least 50.’’
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.
EXCHANGE OF TERRORIST INFORMATION AND INCREASED
PREINSPECTION AT FOREIGN AIRPORTS
Pub. L. 108–458, title VII, § 7210(a), (b), Dec. 17, 2004,
118 Stat. 3824, provided that:
‘‘(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the
United States, Congress makes the following findings:
‘‘(1) The exchange of terrorist information with
other countries, consistent with privacy requirements, along with listings of lost and stolen passports, will have immediate security benefits.
‘‘(2) The further away from the borders of the
United States that screening occurs, the more security benefits the United States will gain.
‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
‘‘(1) the Federal Government should exchange terrorist information with trusted allies;
‘‘(2) the Federal Government should move toward
real-time verification of passports with issuing authorities;
‘‘(3) where practicable, the Federal Government
should conduct screening before a passenger departs
on a flight destined for the United States;
‘‘(4) the Federal Government should work with
other countries to ensure effective inspection regimes
at all airports;
‘‘(5) the Federal Government should work with
other countries to improve passport standards and
provide foreign assistance to countries that need help
making the transition to the global standard for
identification; and
‘‘(6) the Department of Homeland Security, in coordination with the Department of State and other
Federal agencies, should implement the initiatives
called for in this subsection.’’

§ 1226. Apprehension and detention of aliens
(a) Arrest, detention, and release
On a warrant issued by the Attorney General,
an alien may be arrested and detained pending a
decision on whether the alien is to be removed
from the United States. Except as provided in
subsection (c) of this section and pending such
decision, the Attorney General—
(1) may continue to detain the arrested
alien; and
(2) may release the alien on—
(A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or
(B) conditional parole; but
(3) may not provide the alien with work authorization (including an ‘‘employment authorized’’ endorsement or other appropriate
work permit), unless the alien is lawfully admitted for permanent residence or otherwise

Page 248

would (without regard to removal proceedings)
be provided such authorization.
(b) Revocation of bond or parole
The Attorney General at any time may revoke
a bond or parole authorized under subsection (a)
of this section, rearrest the alien under the
original warrant, and detain the alien.
(c) Detention of criminal aliens
(1) Custody
The Attorney General shall take into custody any alien who—
(A) is inadmissible by reason of having
committed any offense covered in section
1182(a)(2) of this title,
(B) is deportable by reason of having committed any offense covered in section
1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of
this title,
(C)
is
deportable
under
section
1227(a)(2)(A)(i) of this title on the basis of an
offense for which the alien has been sentence 1 to a term of imprisonment of at least
1 year, or
(D)
is
inadmissible
under
section
1182(a)(3)(B) of this title or deportable under
section 1227(a)(4)(B) of this title,
when the alien is released, without regard to
whether the alien is released on parole, supervised release, or probation, and without regard
to whether the alien may be arrested or imprisoned again for the same offense.
(2) Release
The Attorney General may release an alien
described in paragraph (1) only if the Attorney
General decides pursuant to section 3521 of
title 18 that release of the alien from custody
is necessary to provide protection to a witness, a potential witness, a person cooperating
with an investigation into major criminal activity, or an immediate family member or
close associate of a witness, potential witness,
or person cooperating with such an investigation, and the alien satisfies the Attorney General that the alien will not pose a danger to
the safety of other persons or of property and
is likely to appear for any scheduled proceeding. A decision relating to such release shall
take place in accordance with a procedure
that considers the severity of the offense committed by the alien.
(d) Identification of criminal aliens
(1) The Attorney General shall devise and implement a system—
(A) to make available, daily (on a 24-hour
basis), to Federal, State, and local authorities
the investigative resources of the Service to
determine whether individuals arrested by
such authorities for aggravated felonies are
aliens;
(B) to designate and train officers and employees of the Service to serve as a liaison to
Federal, State, and local law enforcement and
correctional agencies and courts with respect
to the arrest, conviction, and release of any
alien charged with an aggravated felony; and
1 So

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

Page 249

TITLE 8—ALIENS AND NATIONALITY

(C) which uses computer resources to maintain a current record of aliens who have been
convicted of an aggravated felony, and indicates those who have been removed.
(2) The record under paragraph (1)(C) shall be
made available—
(A) to inspectors at ports of entry and to
border patrol agents at sector headquarters for
purposes of immediate identification of any
alien who was previously ordered removed and
is seeking to reenter the United States, and
(B) to officials of the Department of State
for use in its automated visa lookout system.
(3) Upon the request of the governor or chief
executive officer of any State, the Service shall
provide assistance to State courts in the identification of aliens unlawfully present in the
United States pending criminal prosecution.
(e) Judicial review
The Attorney General’s discretionary judgment regarding the application of this section
shall not be subject to review. No court may set
aside any action or decision by the Attorney
General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole.
(June 27, 1952, ch. 477, title II, ch. 4, § 236, 66 Stat.
200; Pub. L. 101–649, title V, § 504(b), title VI,
§ 603(a)(12), Nov. 29, 1990, 104 Stat. 5050, 5083; Pub.
L. 102–232, title III, § 306(a)(5), Dec. 12, 1991, 105
Stat. 1751; Pub. L. 104–208, div. C, title III,
§§ 303(a), 371(b)(5), Sept. 30, 1996, 110 Stat.
3009–585, 3009–645.)
AMENDMENTS
1996—Pub. L. 104–208, § 303(a), amended section generally. Prior to amendment, section consisted of subsecs.
(a) to (e) related to proceedings to determine whether
aliens detained under section 1225 of this title should be
allowed to enter or should be excluded and deported.
Subsecs. (a) to (d). Pub. L. 104–208, § 371(b)(5), substituted ‘‘An immigration judge’’ for ‘‘A special inquiry
officer’’, ‘‘an immigration judge’’ for ‘‘a special inquiry
officer’’, and ‘‘immigration judge’’ for ‘‘special inquiry
officer’’, wherever appearing.
1991—Subsec. (e)(1). Pub. L. 102–232 substituted ‘‘upon
release of the alien (regardless of whether or not such
release is on parole, supervised release, or probation,
and regardless of the possibility of rearrest or further
confinement in respect of the same offense)’’ for ‘‘upon
completion of the alien’s sentence for such conviction’’.
1990—Subsec. (d). Pub. L. 101–649, § 603(a)(12), substituted ‘‘has a disease, illness, or addiction which
would make the alien excludable under paragraph (1) of
section 1182(a) of this title’’ for ‘‘is afflicted with a disease specified in section 1182(a)(6) of this title, or with
any mental disease, defect, or disability which would
bring such alien within any of the classes excluded
from admission to the United States under paragraphs
(1) to (4) or (5) of section 1182(a) of this title’’ and
struck out at end ‘‘If an alien is excluded by a special
inquiry officer because of the existence of a physical
disease, defect, or disability, other than one specified
in section 1182(a)(6) of this title, the alien may appeal
from the excluding decision in accordance with subsection (b) of this section, and the provisions of section
1183 of this title may be invoked.’’
Subsec. (e). Pub. L. 101–649, § 504(b), added subsec. (e).

§ 1226

tive on the title III–A effective date [see section 309 of
Pub. L. 104–208, set out as a note under section 1101 of
this title].
‘‘(2) NOTIFICATION REGARDING CUSTODY.—If the Attorney General, not later than 10 days after the date of the
enactment of this Act [Sept. 30, 1996], notifies in writing the Committees on the Judiciary of the House of
Representatives and the Senate that there is insufficient detention space and Immigration and Naturalization Service personnel available to carry out section
236(c) of the Immigration and Nationality Act [8 U.S.C.
1226(c)], as amended by subsection (a), or the amendments made by section 440(c) of Public Law 104–132
[amending section 1252 of this title], the provisions in
paragraph (3) shall be in effect for a 1-year period beginning on the date of such notification, instead of
such section or such amendments. [The Attorney General so notified the committees on Oct. 9, 1996.] The Attorney General may extend such 1-year period for an
additional year if the Attorney General provides the
same notice not later than 10 days before the end of the
first 1-year period. After the end of such 1-year or 2year periods, the provisions of such section 236(c) shall
apply to individuals released after such periods.
‘‘(3) TRANSITION PERIOD CUSTODY RULES.—
‘‘(A) IN GENERAL.—During the period in which this
paragraph is in effect pursuant to paragraph (2), the
Attorney General shall take into custody any alien
who—
‘‘(i) has been convicted of an aggravated felony
(as defined under section 101(a)(43) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(43)], as
amended by section 321 of this division),
‘‘(ii) is inadmissible by reason of having committed any offense covered in section 212(a)(2) of such
Act [8 U.S.C. 1182(a)(2)],
‘‘(iii) is deportable by reason of having committed
any offense covered in section 241(a)(2)(A)(ii),
(A)(iii), (B), (C), or (D) of such Act [former 8 U.S.C.
1251(a)(2)(A)(ii), (A)(iii), (B), (C), (D)] (before redesignation under this subtitle), or
‘‘(iv) is inadmissible under section 212(a)(3)(B) of
such Act or deportable under section 241(a)(4)(B) of
such Act (before redesignation under this subtitle),
when the alien is released, without regard to whether
the alien is released on parole, supervised release, or
probation, and without regard to whether the alien
may be arrested or imprisoned again for the same offense.
‘‘(B) RELEASE.—The Attorney General may release
the alien only if the alien is an alien described in subparagraph (A)(ii) or (A)(iii) and—
‘‘(i) the alien was lawfully admitted to the United
States and satisfies the Attorney General that the
alien will not pose a danger to the safety of other
persons or of property and is likely to appear for
any scheduled proceeding, or
‘‘(ii) the alien was not lawfully admitted to the
United States, cannot be removed because the designated country of removal will not accept the
alien, and satisfies the Attorney General that the
alien will not pose a danger to the safety of other
persons or of property and is likely to appear for
any scheduled proceeding.’’
Amendment by section 371(b)(5) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 1996 AMENDMENT

EFFECTIVE DATE OF 1990 AMENDMENT

Section 303(b) of subtitle A of title III of div. C of
Pub. L. 104–208 provided that:
‘‘(1) IN GENERAL.—The amendment made by subsection (a) [amending this section] shall become effec-

Amendment by section 603(a)(12) of Pub. L. 101–649 applicable to individuals entering United States on or
after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649,
set out as a note under section 1101 of this title.

§ 1226a

TITLE 8—ALIENS AND NATIONALITY

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.
IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS
AWAITING ARRAIGNMENT
Pub. L. 105–141, Dec. 5, 1997, 111 Stat. 2647, provided
that:
‘‘SECTION 1. PROGRAM OF IDENTIFICATION OF
CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT.
‘‘(a) ESTABLISHMENT OF PROGRAM.—Not later than 6
months after the date of the enactment of this Act
[Dec. 5, 1997], and subject to such amounts as are provided in appropriations Acts, the Attorney General
shall establish and implement a program to identify,
from among the individuals who are incarcerated in
local governmental incarceration facilities prior to arraignment on criminal charges, those individuals who
are within 1 or more of the following classes of deportable aliens:
‘‘(1) Aliens unlawfully present in the United States.
‘‘(2) Aliens described in paragraph (2) or (4) of section 237(a) of the Immigration and Nationality Act [8
U.S.C. 1227(a)(2), (4)] (as redesignated by section
305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).
‘‘(b) DESCRIPTION OF PROGRAM.—The program authorized by subsection (a) shall include—
‘‘(1) the detail, to each incarceration facility selected under subsection (c), of at least one employee
of the Immigration and Naturalization Service who
has expertise in the identification of aliens described
in subsection (a); and
‘‘(2) provision of funds sufficient to provide for—
‘‘(A) the detail of such employees to each selected
facility on a full-time basis, including the portions
of the day or night when the greatest number of individuals are incarcerated prior to arraignment;
‘‘(B) access for such employees to records of the
Service and other Federal law enforcement agencies that are necessary to identify such aliens; and
‘‘(C) in the case of an individual identified as such
an alien, pre-arraignment reporting to the court regarding the Service’s intention to remove the alien
from the United States.
‘‘(c) SELECTION OF FACILITIES.—
‘‘(1) IN GENERAL.—The Attorney General shall select
for participation in the program each incarceration
facility that satisfies the following requirements:
‘‘(A) The facility is owned by the government of
a local political subdivision described in clause (i)
or (ii) of subparagraph (C).
‘‘(B) Such government has submitted a request
for such selection to the Attorney General.
‘‘(C) The facility is located—
‘‘(i) in a county that is determined by the Attorney General to have a high concentration of
aliens described in subsection (a); or
‘‘(ii) in a city, town, or other analogous local
political subdivision, that is determined by the
Attorney General to have a high concentration of
such aliens (but only in the case of a facility that
is not located in a county).
‘‘(D) The facility incarcerates or processes individuals prior to their arraignment on criminal
charges.
‘‘(2) NUMBER OF QUALIFYING SUBDIVISIONS.—For any
fiscal year, the total number of local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses
shall be the following:
‘‘(A) For fiscal year 1999, not less than 10 and not
more than 25.
‘‘(B) For fiscal year 2000, not less than 25 and not
more than 50.

Page 250

‘‘(C) For fiscal year 2001, not more than 75.
‘‘(D) For fiscal year 2002, not more than 100.
‘‘(E) For fiscal year 2003 and subsequent fiscal
years, 100, or such other number of political subdivisions as may be specified in appropriations
Acts.
‘‘(3) FACILITIES IN INTERIOR STATES.—For any fiscal
year, of the local political subdivisions determined
under clauses (i) and (ii) of paragraph (1)(C) to meet
the standard in such clauses, not less than 20 percent
shall be in States that are not contiguous to a land
border.
‘‘(4) TREATMENT OF CERTAIN FACILITIES.—All of the
incarceration facilities within the county of Orange,
California, and the county of Ventura, California,
that are owned by the government of a local political
subdivision, and satisfy the requirements of paragraph (1)(D), shall be selected for participation in the
program.
‘‘SEC. 2. STUDY AND REPORT.
‘‘Not later than 1 year after the date of the enactment of this Act [Dec. 5, 1997], the Attorney General
shall complete a study, and submit a report to the Congress, concerning the logistical and technological feasibility of implementing the program under section 1 in
a greater number of locations than those selected under
such section through—
‘‘(1) the assignment of a single Immigration and
Naturalization Service employee to more than 1 incarceration facility; and
‘‘(2) the development of a system to permit the Attorney General to conduct off-site verification, by
computer or other electronic means, of the immigration status of individuals who are incarcerated in
local governmental incarceration facilities prior to
arraignment on criminal charges.’’
CRIMINAL ALIEN TRACKING CENTER
Section 130002 of Pub. L. 103–322, as amended by Pub.
L. 104–132, title IV, § 432, Apr. 24, 1996, 110 Stat. 1273;
Pub. L. 104–208, div. C, title III, §§ 308(g)(5)(B), 326, 327,
Sept. 30, 1996, 110 Stat. 3009–623, 3009–630, provided that:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner of
Immigration and Naturalization shall, under the authority of section 236(d) of the Immigration and Nationality Act [8 U.S.C. 1226(d)] operate a criminal alien
identification system. The criminal alien identification
system shall be used to assist Federal, State, and local
law enforcement agencies in identifying and locating
aliens who may be subject to removal by reason of
their conviction of aggravated felonies, subject to prosecution under section 275 of such Act [8 U.S.C. 1325], not
lawfully present in the United States, or otherwise removable. Such system shall include providing for recording of fingerprint records of aliens who have been
previously arrested and removed into appropriate automated fingerprint identification systems.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
‘‘(1) $3,400,000 for fiscal year 1996; and
‘‘(2) $5,000,000 for each of fiscal years 1997 through
2001.’’

§ 1226a. Mandatory detention of suspected terrorists; habeas corpus; judicial review
(a) Detention of terrorist aliens
(1) Custody
The Attorney General shall take into custody any alien who is certified under paragraph (3).
(2) Release
Except as provided in paragraphs (5) and (6),
the Attorney General shall maintain custody
of such an alien until the alien is removed
from the United States. Except as provided in

Page 251

TITLE 8—ALIENS AND NATIONALITY

paragraph (6), such custody shall be maintained irrespective of any relief from removal
for which the alien may be eligible, or any relief from removal granted the alien, until the
Attorney General determines that the alien is
no longer an alien who may be certified under
paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
(3) Certification
The Attorney General may certify an alien
under this paragraph if the Attorney General
has reasonable grounds to believe that the
alien—
(A) is described in section 1182(a)(3)(A)(i),
1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i),
1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title;
or
(B) is engaged in any other activity that
endangers the national security of the
United States.
(4) Nondelegation
The Attorney General may delegate the authority provided under paragraph (3) only to
the Deputy Attorney General. The Deputy Attorney General may not delegate such authority.
(5) Commencement of proceedings
The Attorney General shall place an alien
detained under paragraph (1) in removal proceedings, or shall charge the alien with a
criminal offense, not later than 7 days after
the commencement of such detention. If the
requirement of the preceding sentence is not
satisfied, the Attorney General shall release
the alien.
(6) Limitation on indefinite detention
An alien detained solely under paragraph (1)
who has not been removed under section
1231(a)(1)(A) of this title, and whose removal is
unlikely in the reasonably foreseeable future,
may be detained for additional periods of up to
six months only if the release of the alien will
threaten the national security of the United
States or the safety of the community or any
person.
(7) Review of certification
The Attorney General shall review the certification made under paragraph (3) every 6
months. If the Attorney General determines,
in the Attorney General’s discretion, that the
certification should be revoked, the alien may
be released on such conditions as the Attorney
General deems appropriate, unless such release is otherwise prohibited by law. The alien
may request each 6 months in writing that the
Attorney General reconsider the certification
and may submit documents or other evidence
in support of that request.
(b) Habeas corpus and judicial review
(1) In general
Judicial review of any action or decision relating to this section (including judicial review of the merits of a determination made
under subsection (a)(3) or (a)(6) of this section)
is available exclusively in habeas corpus proceedings consistent with this subsection. Ex-

§ 1226a

cept as provided in the preceding sentence, no
court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision.
(2) Application
(A) In general
Notwithstanding any other provision of
law, including section 2241(a) of title 28, habeas corpus proceedings described in paragraph (1) may be initiated only by an application filed with—
(i) the Supreme Court;
(ii) any justice of the Supreme Court;
(iii) any circuit judge of the United
States Court of Appeals for the District of
Columbia Circuit; or
(iv) any district court otherwise having
jurisdiction to entertain it.
(B) Application transfer
Section 2241(b) of title 28 shall apply to an
application for a writ of habeas corpus described in subparagraph (A).
(3) Appeals
Notwithstanding any other provision of law,
including section 2253 of title 28, in habeas corpus proceedings described in paragraph (1) before a circuit or district judge, the final order
shall be subject to review, on appeal, by the
United States Court of Appeals for the District
of Columbia Circuit. There shall be no right of
appeal in such proceedings to any other circuit court of appeals.
(4) Rule of decision
The law applied by the Supreme Court and
the United States Court of Appeals for the District of Columbia Circuit shall be regarded as
the rule of decision in habeas corpus proceedings described in paragraph (1).
(c) Statutory construction
The provisions of this section shall not be applicable to any other provision of this chapter.
(June 27, 1952, ch. 477, title II, ch. 4, § 236A, as
added Pub. L. 107–56, title IV, § 412(a), Oct. 26,
2001, 115 Stat. 350.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), 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.
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.
REPORTS
Pub. L. 107–56, title IV, § 412(c), Oct. 26, 2001, 115 Stat.
352, provided that: ‘‘Not later than 6 months after the
date of the enactment of this Act [Oct. 26, 2001], and
every 6 months thereafter, the Attorney General shall
submit a report to the Committee on the Judiciary of
the House of Representatives and the Committee on the
Judiciary of the Senate, with respect to the reporting
period, on—

§ 1227

TITLE 8—ALIENS AND NATIONALITY

‘‘(1) the number of aliens certified under section
236A(a)(3) of the Immigration and Nationality Act [8
U.S.C. 1226a(a)(3)], as added by subsection (a);
‘‘(2) the grounds for such certifications;
‘‘(3) the nationalities of the aliens so certified;
‘‘(4) the length of the detention for each alien so
certified; and
‘‘(5) the number of aliens so certified who—
‘‘(A) were granted any form of relief from removal;
‘‘(B) were removed;
‘‘(C) the Attorney General has determined are no
longer aliens who may be so certified; or
‘‘(D) were released from detention.’’

§ 1227. Deportable aliens
(a) Classes of deportable aliens
Any alien (including an alien crewman) in and
admitted to the United States shall, upon the
order of the Attorney General, be removed if the
alien is within one or more of the following
classes of deportable aliens:
(1) Inadmissible at time of entry or of adjustment of status or violates status
(A) Inadmissible aliens
Any alien who at the time of entry or adjustment of status was within one or more of
the classes of aliens inadmissible by the law
existing at such time is deportable.
(B) Present in violation of law
Any alien who is present in the United
States in violation of this chapter or any
other law of the United States, or whose
nonimmigrant visa (or other documentation
authorizing admission into the United
States as a nonimmigrant) has been revoked
under section 1201(i) of this title, is deportable.
(C) Violated nonimmigrant status or condition of entry
(i) Nonimmigrant status violators
Any alien who was admitted as a nonimmigrant and who has failed to maintain
the nonimmigrant status in which the
alien was admitted or to which it was
changed under section 1258 of this title, or
to comply with the conditions of any such
status, is deportable.
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health
and Human Services certifies has failed to
comply with terms, conditions, and controls that were imposed under section
1182(g) of this title is deportable.
(D) Termination of conditional permanent
residence
(i) In general
Any alien with permanent resident
status on a conditional basis under section
1186a of this title (relating to conditional
permanent resident status for certain
alien spouses and sons and daughters) or
under section 1186b of this title (relating
to conditional permanent resident status
for certain alien entrepreneurs, spouses,
and children) who has had such status terminated under such respective section is
deportable.

Page 252

(ii) Exception
Clause (i) shall not apply in the cases described in section 1186a(c)(4) of this title
(relating to certain hardship waivers).
(E) Smuggling
(i) In general
Any alien who (prior to the date of
entry, at the time of any entry, or within
5 years of the date of any entry) knowingly
has encouraged, induced, assisted, abetted,
or aided any other alien to enter or to try
to enter the United States in violation of
law is deportable.
(ii) Special rule in the case of family reunification
Clause (i) shall not apply in the case of
alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in
the United States on May 5, 1988, and is
seeking admission as an immediate relative or under section 1153(a)(2) of this
title (including under section 112 of the
Immigration Act of 1990) or benefits under
section 301(a) of the Immigration Act of
1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or
aided only the alien’s spouse, parent, son,
or daughter (and no other individual) to
enter the United States in violation of law.
(iii) Waiver authorized
The Attorney General may, in his discretion for humanitarian purposes, to assure
family unity, or when it is otherwise in
the public interest, waive application of
clause (i) in the case of any alien lawfully
admitted for permanent residence if the
alien has encouraged, induced, assisted,
abetted, or aided only an individual who at
the time of the offense was the alien’s
spouse, parent, son, or daughter (and no
other individual) to enter the United
States in violation of law.
(F) Repealed. Pub. L. 104–208, div. C, title VI,
§ 671(d)(1)(C), Sept. 30, 1996, 110 Stat.
3009–723
(G) Marriage fraud
An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of
section 1182(a)(6)(C)(i) of this title) and to be
in the United States in violation of this
chapter (within the meaning of subparagraph (B)) if—
(i) the alien obtains any admission into
the United States with an immigrant visa
or other documentation procured on the
basis of a marriage entered into less than
2 years prior to such admission of the alien
and which, within 2 years subsequent to
any admission of the alien in the United
States, shall be judicially annulled or terminated, unless the alien establishes to
the satisfaction of the Attorney General
that such marriage was not contracted for
the purpose of evading any provisions of
the immigration laws, or

Page 253

TITLE 8—ALIENS AND NATIONALITY

(ii) it appears to the satisfaction of the
Attorney General that the alien has failed
or refused to fulfill the alien’s marital
agreement which in the opinion of the Attorney General was made for the purpose
of procuring the alien’s admission as an
immigrant.
(H) Waiver authorized for certain misrepresentations
The provisions of this paragraph relating
to the removal of aliens within the United
States on the ground that they were inadmissible at the time of admission as aliens
described in section 1182(a)(6)(C)(i) of this
title, whether willful or innocent, may, in
the discretion of the Attorney General, be
waived for any alien (other than an alien described in paragraph (4)(D)) who—
(i)(I) is the spouse, parent, son, or daughter of a citizen of the United States or of
an alien lawfully admitted to the United
States for permanent residence; and
(II) was in possession of an immigrant
visa or equivalent document and was
otherwise admissible to the United States
at the time of such admission except for
those grounds of inadmissibility specified
under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title which were a direct result of that fraud or misrepresentation.
(ii) is a VAWA self-petitioner.
A waiver of removal for fraud or misrepresentation granted under this subparagraph
shall also operate to waive removal based on
the grounds of inadmissibility directly resulting from such fraud or misrepresentation.
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude
Any alien who—
(I) is convicted of a crime involving
moral turpitude committed within five
years (or 10 years in the case of an alien
provided lawful permanent resident
status under section 1255(j) of this title)
after the date of admission, and
(II) is convicted of a crime for which a
sentence of one year or longer may be
imposed,
is deportable.
(ii) Multiple criminal convictions
Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of
a single scheme of criminal misconduct,
regardless of whether confined therefor
and regardless of whether the convictions
were in a single trial, is deportable.
(iii) Aggravated felony
Any alien who is convicted of an aggravated felony at any time after admission is
deportable.
(iv) High speed flight
Any alien who is convicted of a violation
of section 758 of title 18 (relating to high

§ 1227

speed flight from an immigration checkpoint) is deportable.
(v) Failure to register as a sex offender
Any alien who is convicted under section
2250 of title 18 is deportable.
(vi) Waiver authorized
Clauses (i), (ii), (iii), and (iv) shall not
apply in the case of an alien with respect
to a criminal conviction if the alien subsequent to the criminal conviction has been
granted a full and unconditional pardon by
the President of the United States or by
the Governor of any of the several States.
(B) Controlled substances
(i) Conviction
Any alien who at any time after admission has been convicted of a violation of
(or a conspiracy or attempt to violate) any
law or regulation of a State, the United
States, or a foreign country relating to a
controlled substance (as defined in section
802 of title 21), other than a single offense
involving possession for one’s own use of 30
grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts
Any alien who is, or at any time after
admission has been, a drug abuser or addict is deportable.
(C) Certain firearm offenses
Any alien who at any time after admission
is convicted under any law of purchasing,
selling, offering for sale, exchanging, using,
owning, possessing, or carrying, or of attempting or conspiring to purchase, sell,
offer for sale, exchange, use, own, possess, or
carry, any weapon, part, or accessory which
is a firearm or destructive device (as defined
in section 921(a) of title 18) in violation of
any law is deportable.
(D) Miscellaneous crimes
Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of
a conspiracy or attempt to violate—
(i) any offense under chapter 37 (relating
to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason
and sedition) of title 18 for which a term of
imprisonment of five or more years may be
imposed;
(ii) any offense under section 871 or 960 of
title 18;
(iii) a violation of any provision of the
Military Selective Service Act (50 U.S.C.
App. 451 et seq.) or the Trading With the
Enemy Act (50 U.S.C. App. 1 et seq.); or
(iv) a violation of section 1185 or 1328 of
this title,
is deportable.
(E) Crimes of domestic violence, stalking, or
violation of protection order, crimes
against children and
(i) Domestic violence, stalking, and child
abuse
Any alien who at any time after admission is convicted of a crime of domestic

§ 1227

TITLE 8—ALIENS AND NATIONALITY

violence, a crime of stalking, or a crime of
child abuse, child neglect, or child abandonment is deportable. For purposes of
this clause, the term ‘‘crime of domestic
violence’’ means any crime of violence (as
defined in section 16 of title 18) against a
person committed by a current or former
spouse of the person, by an individual with
whom the person shares a child in common, by an individual who is cohabiting
with or has cohabited with the person as a
spouse, by an individual similarly situated
to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any
other individual against a person who is
protected from that individual’s acts
under the domestic or family violence laws
of the United States or any State, Indian
tribal government, or unit of local government.
(ii) Violators of protection orders
Any alien who at any time after admission is enjoined under a protection order
issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that
involves
protection
against
credible
threats of violence, repeated harassment,
or bodily injury to the person or persons
for whom the protection order was issued
is deportable. For purposes of this clause,
the term ‘‘protection order’’ means any injunction issued for the purpose of preventing violent or threatening acts of domestic
violence, including temporary or final orders issued by civil or criminal courts
(other than support or child custody orders
or provisions) whether obtained by filing
an independent action or as a pendente lite
order in another proceeding.
(F) Trafficking
Any alien described in section 1182(a)(2)(H)
of this title is deportable.
(3) Failure to register and falsification of documents
(A) Change of address
An alien who has failed to comply with the
provisions of section 1305 of this title is deportable, unless the alien establishes to the
satisfaction of the Attorney General that
such failure was reasonably excusable or was
not willful.
(B) Failure to register or falsification of documents
Any alien who at any time has been convicted—
(i) under section 1306(c) of this title or
under section 36(c) of the Alien Registration Act, 1940,
(ii) of a violation of, or an attempt or a
conspiracy to violate, any provision of the
Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a
conspiracy to violate, section 1546 of title
18 (relating to fraud and misuse of visas,
permits, and other entry documents),

Page 254

is deportable.
(C) Document fraud
(i) In general
An alien who is the subject of a final
order for violation of section 1324c of this
title is deportable.
(ii) Waiver authorized
The Attorney General may waive clause
(i) in the case of an alien lawfully admitted for permanent residence if no previous
civil money penalty was imposed against
the alien under section 1324c of this title
and the offense was incurred solely to assist, aid, or support the alien’s spouse or
child (and no other individual). No court
shall have jurisdiction to review a decision
of the Attorney General to grant or deny a
waiver under this clause.
(D) Falsely claiming citizenship
(i) In general
Any alien who falsely represents, or has
falsely represented, himself to be a citizen
of the United States for any purpose or
benefit under this chapter (including section 1324a of this title) or any Federal or
State law is deportable.
(ii) Exception
In the case of an alien making a representation described in clause (i), if each
natural parent of the alien (or, in the case
of an adopted alien, each adoptive parent
of the alien) is or was a citizen (whether by
birth or naturalization), the alien permanently resided in the United States prior
to attaining the age of 16, and the alien
reasonably believed at the time of making
such representation that he or she was a
citizen, the alien shall not be considered to
be deportable under any provision of this
subsection based on such representation.
(4) Security and related grounds
(A) In general
Any alien who has engaged, is engaged, or
at any time after admission engages in—
(i) any activity to violate any law of the
United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States
of goods, technology, or sensitive information,
(ii) any other criminal activity which
endangers public safety or national security, or
(iii) any activity a purpose of which is
the opposition to, or the control or overthrow of, the Government of the United
States by force, violence, or other unlawful means,
is deportable.
(B) Terrorist activities
Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3) of this
title is deportable.
(C) Foreign policy
(i) In general
An alien whose presence or activities in
the United States the Secretary of State

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TITLE 8—ALIENS AND NATIONALITY

has reasonable ground to believe would
have potentially serious adverse foreign
policy consequences for the United States
is deportable.
(ii) Exceptions
The exceptions described in clauses (ii)
and (iii) of section 1182(a)(3)(C) of this title
shall apply to deportability under clause
(i) in the same manner as they apply to inadmissibility under section 1182(a)(3)(C)(i)
of this title.
(D) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
Any alien described in clause (i), (ii), or
(iii) of section 1182(a)(3)(E) of this title is deportable.
(E) Participated in the commission of severe
violations of religious freedom
Any alien described in section 1182(a)(2)(G)
of this title is deportable.
(F) Recruitment or use of child soldiers
Any alien who has engaged in the recruitment or use of child soldiers in violation of
section 2442 of title 18 is deportable.
(5) Public charge
Any alien who, within five years after the
date of entry, has become a public charge from
causes not affirmatively shown to have arisen
since entry is deportable.
(6) Unlawful voters
(A) In general
Any alien who has voted in violation of
any Federal, State, or local constitutional
provision, statute, ordinance, or regulation
is deportable.
(B) Exception
In the case of an alien who voted in a Federal, State, or local election (including an
initiative, recall, or referendum) in violation
of a lawful restriction of voting to citizens,
if each natural parent of the alien (or, in the
case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether
by birth or naturalization), the alien permanently resided in the United States prior to
attaining the age of 16, and the alien reasonably believed at the time of such violation
that he or she was a citizen, the alien shall
not be considered to be deportable under any
provision of this subsection based on such
violation.
(7) Waiver for victims of domestic violence
(A) In general
The Attorney General is not limited by the
criminal court record and may waive the application of paragraph (2)(E)(i) (with respect
to crimes of domestic violence and crimes of
stalking) and (ii) in the case of an alien who
has been battered or subjected to extreme
cruelty and who is not and was not the primary perpetrator of violence in the relationship—
(i) 1 upon a determination that—
1 So

in original. No cl. (ii) has been enacted.

§ 1227

(I) the alien was acting is 2 self-defense;
(II) the alien was found to have violated a protection order intended to protect the alien; or
(III) the alien committed, was arrested
for, was convicted of, or pled guilty to
committing a crime—
(aa) that did not result in serious
bodily injury; and
(bb) where there was a connection between the crime and the alien’s having
been battered or subjected to extreme
cruelty.
(B) Credible evidence considered
In acting on applications under this paragraph, the Attorney General shall consider
any credible evidence relevant to the application. The determination of what evidence
is credible and the weight to be given that
evidence shall be within the sole discretion
of the Attorney General.
(b) Deportation of certain nonimmigrants
An alien, admitted as a nonimmigrant under
the provisions of either section 1101(a)(15)(A)(i)
or 1101(a)(15)(G)(i) of this title, and who fails to
maintain a status under either of those provisions, shall not be required to depart from the
United States without the approval of the Secretary of State, unless such alien is subject to
deportation under paragraph (4) of subsection (a)
of this section.
(c) Waiver of grounds for deportation
Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and
(3)(A) of subsection (a) of this section (other
than so much of paragraph (1) as relates to a
ground of inadmissibility described in paragraph
(2) or (3) of section 1182(a) of this title) shall not
apply to a special immigrant described in section 1101(a)(27)(J) of this title based upon circumstances that existed before the date the
alien was provided such special immigrant
status.
(d) Administrative stay
(1) If the Secretary of Homeland Security determines that an application for nonimmigrant
status under subparagraph (T) or (U) of section
1101(a)(15) of this title filed for an alien in the
United States sets forth a prima facie case for
approval, the Secretary may grant the alien an
administrative stay of a final order of removal
under section 1231(c)(2) of this title until—
(A) the application for nonimmigrant status
under such subparagraph (T) or (U) is approved; or
(B) there is a final administrative denial of
the application for such nonimmigrant status
after the exhaustion of administrative appeals.
(2) The denial of a request for an administrative stay of removal under this subsection shall
not preclude the alien from applying for a stay
of removal, deferred action, or a continuance or
abeyance of removal proceedings under any
other provision of the immigration laws of the
United States.
(3) During any period in which the administrative stay of removal is in effect, the alien shall
not be removed.
2 So

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

§ 1227

TITLE 8—ALIENS AND NATIONALITY

(4) Nothing in this subsection may be construed to limit the authority of the Secretary of
Homeland Security or the Attorney General to
grant a stay of removal or deportation in any
case not described in this subsection.
(June 27, 1952, ch. 477, title II, ch. 4, § 237, formerly ch. 5, § 241, 66 Stat. 204; July 18, 1956, ch.
629, title III, § 301(b), (c), 70 Stat. 575; Pub. L.
86–648, § 9, July 14, 1960, 74 Stat. 505; Pub. L.
87–301, § 16, Sept. 26, 1961, 75 Stat. 655; Pub. L.
89–236, § 11(e), Oct. 3, 1965, 79 Stat. 918; Pub. L.
94–571, § 7(e), Oct. 20, 1976, 90 Stat. 2706; Pub. L.
95–549, title I, § 103, Oct. 30, 1978, 92 Stat. 2065;
Pub. L. 97–116, § 8, Dec. 29, 1981, 95 Stat. 1616;
Pub. L. 99–570, title I, § 1751(b), Oct. 27, 1986, 100
Stat. 3207–47; Pub. L. 99–603, title III, § 303(b),
Nov. 6, 1986, 100 Stat. 3431; Pub. L. 99–639, § 2(b),
Nov. 10, 1986, 100 Stat. 3541; Pub. L. 99–653, § 7(c),
Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525,
§§ 2(n)(2), 9(m), Oct. 24, 1988, 102 Stat. 2613, 2620;
Pub. L. 100–690, title VII, §§ 7344(a), 7348(a), Nov.
18, 1988, 102 Stat. 4470, 4473; Pub. L. 101–649, title
I, § 153(b), title V, §§ 505(a), 508(a), 544(b), title VI,
§ 602(a), (b), Nov. 29, 1990, 104 Stat. 5006, 5050, 5051,
5061, 5077, 5081; Pub. L. 102–232, title III,
§§ 302(d)(3), 307(h), (k), Dec. 12, 1991, 105 Stat. 1745,
1755, 1756; Pub. L. 103–322, title XIII, § 130003(d),
Sept. 13, 1994, 108 Stat. 2026; Pub. L. 103–416, title
II, §§ 203(b), 219(g), Oct. 25, 1994, 108 Stat. 4311,
4317; Pub. L. 104–132, title IV, §§ 414(a), 435(a),
Apr. 24, 1996, 110 Stat. 1270, 1274; renumbered ch.
4, § 237, and amended Pub. L. 104–208, div. C, title
I, § 108(c), title III, §§ 301(d), 305(a)(2), 308(d)(2),
(3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5), 344(b),
345(b), 347(b), 350(a), 351(b), title VI, § 671(a)(4)(B),
(d)(1)(C), Sept. 30, 1996, 110 Stat. 3009–558,
3009–579, 3009–598, 3009–617, 3009–619 to 3009–622,
3009–637 to 3009–640, 3009–721, 3009–723; Pub. L.
106–386, div. B, title V, § 1505(b)(1), (c)(2), Oct. 28,
2000, 114 Stat. 1525, 1526; Pub. L. 106–395, title II,
§ 201(c)(1), (2), Oct. 30, 2000, 114 Stat. 1634, 1635;
Pub. L. 107–56, title IV, § 411(b)(1), Oct. 26, 2001,
115 Stat. 348; Pub. L. 108–458, title V, §§ 5304(b),
5402, 5501(b), 5502(b), Dec. 17, 2004, 118 Stat. 3736,
3737, 3740, 3741; Pub. L. 109–13, div. B, title I,
§ 105(a)(1), (b), May 11, 2005, 119 Stat. 309, 310;
Pub. L. 109–248, title IV, § 401, July 27, 2006, 120
Stat. 622; Pub. L. 109–271, § 6(c), Aug. 12, 2006, 120
Stat. 763; Pub. L. 110–340, § 2(c), Oct. 3, 2008, 122
Stat. 3736; Pub. L. 110–457, title II, §§ 204, 222(f)(2),
Dec. 23, 2008, 122 Stat. 5060, 5071.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1)(B), (G),
(3)(D)(i), 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 301 of the Immigration Act of 1990, referred to
in subsec. (a)(1)(E)(ii), is section 301 of Pub. L. 101–649,
which is set out as a note under section 1255a of this
title.
Section 112 of the Immigration Act of 1990, referred to
in subsec. (a)(1)(E)(ii), is section 112 of Pub. L. 101–649,
which is set out as a note under section 1153 of this
title.
The Military Selective Service Act, referred to in
subsec. (a)(2)(D)(iii), is act June 24, 1948, ch. 625, 62 Stat.
604, as amended, which is classified principally to section 451 et seq. of Title 50, Appendix, War and National
Defense. For complete classification of this Act to the

Page 256

Code, see References in Text note set out under section
451 of Title 50, Appendix, and Tables.
The Trading With the Enemy Act, referred to in subsec. (a)(2)(D)(iii), is act Oct. 6, 1917, ch. 106, 40 Stat. 411,
as amended, which is classified to sections 1 to 6, 7 to
39 and 41 to 44 of Title 50, Appendix. For complete classification of this Act to the Code, see Tables.
The Alien Registration Act, 1940, referred to in subsec. (a)(3)(B)(i), is act June 28, 1940, ch. 439, 54 Stat. 670,
as amended. Section 36(a) of that act was classified to
section 457(c) of this title and was repealed by section
403(a)(39) of act June 27, 1952.
The Foreign Agents Registration Act of 1938, referred
to in subsec. (a)(3)(B)(ii), is act June 8, 1938, ch. 327, 52
Stat. 631, as amended, which is classified generally to
subchapter II (§ 611 et seq.) of chapter 11 of Title 22,
Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note
set out under section 611 of Title 22 and Tables.
CODIFICATION
Section was formerly classified to section 1251 of this
title prior to renumbering by Pub. L. 104–208.
PRIOR PROVISIONS
A prior section 1227, acts June 27, 1952, ch. 477, title
II, ch. 4, § 237, 66 Stat. 201; Dec. 29, 1981, Pub. L. 97–116,
§ 7, 95 Stat. 1615; Oct. 18, 1986, Pub. L. 99–500, § 101(b)
[title II, § 206(b)(2)], as added Oct. 24, 1988, Pub. L.
100–525, § 4(b)(4), 102 Stat. 2615; Oct. 24, 1988, Pub. L.
100–525, § 9(l), 102 Stat. 2620; Nov. 29, 1990, Pub. L.
101–649, title V, § 543(a)(2), 104 Stat. 5057; Dec. 12, 1991,
Pub. L. 102–232, title III, § 306(c)(4)(B), 105 Stat. 1752;
Apr. 24, 1996, Pub. L. 104–132, title IV, § 422(b), 110 Stat.
1272; Sept. 30, 1996, Pub. L. 104–208, div. C, title III,
§ 308(d)(5), 110 Stat. 3009–619, related to immediate deportation of aliens excluded from admission or entering
in violation of law, prior to repeal by Pub. L. 104–208,
div. C, title III, §§ 305(a)(1), 309, Sept. 30, 1996, 110 Stat.
3009–597, 3009–625, effective, with certain transitional
provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996. See section
1231 of this title.
AMENDMENTS
2008—Subsec. (a)(2)(F). Pub. L. 110–457, § 222(f)(2),
added subpar. (F).
Subsec. (a)(4)(F). Pub. L. 110–340 added subpar. (F).
Subsec. (d). Pub. L. 110–457, § 204, added subsec. (d).
2006—Subsec. (a)(1)(H)(ii). Pub. L. 109–271 amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘is an alien who qualifies for classification under
clause (iii) or (iv) of section 1154(a)(1)(A) of this title or
clause (ii) or (iii) of section 1154(a)(1)(B) of this title.’’
Subsec. (a)(2)(A)(v), (vi). Pub. L. 109–248 added cl. (v)
and redesignated former cl. (v) as (vi).
2005—Subsec. (a)(4)(B). Pub. L. 109–13, § 105(a)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘Any
alien who has engaged, is engaged, or at any time after
admission engages in any terrorist activity (as defined
in section 1182(a)(3)(B)(iv) of this title) is deportable.’’
Subsec. (a)(4)(E). Pub. L. 109–13, § 105(b), repealed Pub.
L. 108–458, § 5402. See 2004 Amendment note below.
2004—Subsec. (a)(1)(B). Pub. L. 108–458, § 5304(b), substituted ‘‘United States, or whose nonimmigrant visa
(or other documentation authorizing admission into
the United States as a nonimmigrant) has been revoked
under section 1201(i) of this title, is’’ for ‘‘United States
is’’.
Subsec. (a)(4)(D). Pub. L. 108–458, § 5501(b), substituted
‘‘Participated in Nazi persecution, genocide, or the
commission of any act of torture or extrajudicial killing’’ for ‘‘Assisted in Nazi persecution or engaged in
genocide’’ in heading and ‘‘clause (i), (ii), or (iii)’’ for
‘‘clause (i) or (ii)’’ in text.
Subsec. (a)(4)(E). Pub. L. 108–458, § 5502(b), added subpar. (E) relating to participation in the commission of
severe violations of religious freedom.

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TITLE 8—ALIENS AND NATIONALITY

Pub. L. 108–458, § 5402, which added subpar. (E) relating to recipient of military-type training, was repealed
by Pub. L. 109–13, § 105(b). See Effective Date of 2005
Amendment note below.
2001—Subsec. (a)(4)(B). Pub. L. 107–56 substituted
‘‘section 1182(a)(3)(B)(iv) of this title’’ for ‘‘section
1182(a)(3)(B)(iii) of this title’’.
2000—Subsec. (a)(1)(H). Pub. L. 106–386, § 1505(c)(2), redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), and added cl. (ii).
Subsec. (a)(3)(D). Pub. L. 106–395, § 201(c)(2), amended
heading and text of subpar. (D) generally. Prior to
amendment, text read as follows: ‘‘Any alien who falsely represents, or has falsely represented, himself to be
a citizen of the United States for any purpose or benefit
under this chapter (including section 1324a of this title)
or any Federal or State law is deportable.’’
Subsec. (a)(6). Pub. L. 106–395, § 201(c)(1), amended
heading and text of par. (6) generally. Prior to amendment, text read as follows: ‘‘Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is deportable.’’
Subsec. (a)(7). Pub. L. 106–386, § 1505(b)(1), added par.
(7).
1996—Subsec. (a). Pub. L. 104–208, § 308(e)(2)(C), substituted ‘‘removed’’ for ‘‘deported’’ in introductory provisions.
Pub. L. 104–208, § 301(d)(1), substituted ‘‘in and admitted to the United States’’ for ‘‘in the United States’’ in
introductory provisions.
Subsec. (a)(1). Pub. L. 104–208, § 301(d)(2), substituted
‘‘Inadmissible’’ for ‘‘Excludable’’ in par. heading.
Subsec. (a)(1)(A). Pub. L. 104–208, §§ 301(d)(3),
308(d)(3)(A), amended subpar. (A) identically, substituting ‘‘inadmissible’’ for ‘‘excludable’’.
Pub. L. 104–208, § 301(d)(2), substituted ‘‘Inadmissible’’
for ‘‘Excludable’’ in subpar. heading.
Subsec. (a)(1)(B). Pub. L. 104–208, § 301(d)(4), amended
heading and text of subpar. (B) generally. Prior to
amendment, text read as follows: ‘‘Any alien who entered the United States without inspection or at any
time or place other than as designated by the Attorney
General or is in the United States in violation of this
chapter or any other law of the United States is deportable.’’
Subsec. (a)(1)(E)(iii). Pub. L. 104–208, § 351(b), inserted
‘‘an individual who at the time of the offense was’’
after ‘‘aided only’’.
Subsec. (a)(1)(F). Pub. L. 104–208, § 671(d)(1)(C), struck
out heading and text of subpar. (F). Text read as follows: ‘‘Any alien who obtains the status of an alien
lawfully admitted for temporary residence under section 1161 of this title who fails to meet the requirement
of section 1161(d)(5)(A) of this title by the end of the applicable period is deportable.’’
Subsec. (a)(1)(G). Pub. L. 104–208, § 308(f)(1)(L), substituted ‘‘admission’’ for ‘‘entry’’ wherever appearing.
Subsec. (a)(1)(H). Pub. L. 104–208, § 308(f)(5), which directed amendment of subsec. (a)(1)(H)(ii) by striking
‘‘at entry’’, was executed by striking ‘‘at entry’’ after
‘‘grounds of inadmissibility’’ in concluding provisions
of subpar. (H) to reflect the probable intent of Congress.
Pub. L. 104–208, § 308(f)(1)(M), substituted ‘‘admission
as aliens’’ for ‘‘entry as aliens’’ in introductory provisions and ‘‘such admission’’ for ‘‘such entry’’ in cl. (ii).
Pub. L. 104–208, § 308(e)(1)(E), substituted ‘‘removal’’
for ‘‘deportation’’ wherever appearing.
Pub. L. 104–208, § 308(d)(2)(A), (3)(A), amended subpar.
(H) identically, substituting ‘‘inadmissible’’ for ‘‘excludable’’ in introductory provisions.
Subsec. (a)(2)(A)(i)(I). Pub. L. 104–208, § 671(a)(4)(B),
substituted ‘‘1255(j)’’ for ‘‘1255(i)’’.
Pub. L. 104–208, § 308(f)(1)(N), substituted ‘‘admission’’
for ‘‘entry’’.
Subsec. (a)(2)(A)(i)(II). Pub. L. 104–132, § 435(a), amended subcl. (II) generally. Prior to amendment, subcl. (II)
read as follows: ‘‘either is sentenced to confinement or
is confined therefor in a prison or correctional institution for one year or longer,’’.

§ 1227

Subsec. (a)(2)(A)(ii), (iii). Pub. L. 104–208, § 308(f)(1)(N),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(2)(A)(iv). Pub. L. 104–208, § 108(c)(2), added
cl. (iv). Former cl. (iv) redesignated (v).
Subsec. (a)(2)(A)(v). Pub. L. 104–208, § 108(c)(3), substituted ‘‘(iii), and (iv)’’ for ‘‘and (iii)’’.
Pub. L. 104–208, § 108(c)(1), redesignated cl. (iv) as (v).
Subsec. (a)(2)(B). Pub. L. 104–208, § 308(f)(1)(N), substituted ‘‘admission’’ for ‘‘entry’’ in cls. (i) and (ii).
Subsec. (a)(2)(C). Pub. L. 104–208, § 308(f)(1)(N), substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(2)(E). Pub. L. 104–208, § 350(a), added subpar. (E).
Subsec. (a)(2)(E)(i), (ii). Pub. L. 104–208, § 308(f)(1)(N),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(3)(C). Pub. L. 104–208, § 345(b), amended
heading and text of subpar. (C) generally. Prior to
amendment, text read as follows: ‘‘Any alien who is the
subject of a final order for violation of section 1324c of
this title is deportable.’’
Subsec. (a)(3)(D). Pub. L. 104–208, § 344(b), added subpar. (D).
Subsec. (a)(4)(A), (B). Pub. L. 104–208, § 308(f)(1)(N),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(4)(C)(ii). Pub. L. 104–208, § 308(d)(2)(B), substituted ‘‘inadmissibility’’ for ‘‘excludability’’.
Subsec. (a)(6). Pub. L. 104–208, § 347(b), added par. (6).
Subsec. (c). Pub. L. 104–208, § 308(d)(2)(C), substituted
‘‘inadmissibility’’ for ‘‘exclusion’’.
Subsec. (d). Pub. L. 104–208, § 308(d)(2)(D), struck out
subsec. (d) which read as follows: ‘‘Notwithstanding
any other provision of this subchapter, an alien found
in the United States who has not been admitted to the
United States after inspection in accordance with section 1225 of this title is deemed for purposes of this
chapter to be seeking entry and admission to the
United States and shall be subject to examination and
exclusion by the Attorney General under part IV of this
subchapter. In the case of such an alien the Attorney
General shall provide by regulation an opportunity for
the alien to establish that the alien was so admitted.’’
Pub. L. 104–132, § 414(a), added subsec. (d).
1994—Subsec. (a)(2)(A)(i)(I). Pub. L. 103–322 inserted
‘‘(or 10 years in the case of an alien provided lawful permanent resident status under section 1255(i) of this
title)’’ after ‘‘five years’’.
Subsec. (a)(2)(C). Pub. L. 103–416, § 203(b)(1), substituted ‘‘, or of attempting or conspiring to purchase,
sell, offer for sale, exchange, use, own, possess, or
carry,’’ for ‘‘in violation of any law,’’ and inserted ‘‘in
violation of any law’’ after ‘‘title 18)’’.
Subsec. (a)(3)(B)(ii), (iii). Pub. L. 103–416, § 203(b)(2),
inserted ‘‘an attempt or’’ before ‘‘a conspiracy’’.
Subsec. (c). Pub. L. 103–416, § 219(g), substituted ‘‘and
(3)(A) of subsection (a)’’ for ‘‘or (3)(A) of subsection
(a)’’.
1991—Subsec. (a). Pub. L. 102–232, § 307(h)(1), substituted ‘‘if the alien is within one or more of the following classes of deportable aliens’’ for ‘‘if the alien is
deportable as being within one or more of the following
classes of aliens’’.
Subsec. (a)(1)(D)(i). Pub. L. 102–232, § 307(h)(2), inserted ‘‘respective’’ after ‘‘terminated under such’’.
Subsec. (a)(1)(E)(i). Pub. L. 102–232, § 307(h)(3), inserted
‘‘any’’ after ‘‘at the time of’’ and after ‘‘within 5 years
of the date of’’ in parenthetical provision.
Subsec. (a)(1)(E)(ii), (iii). Pub. L. 102–232, § 307(h)(4),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(1)(G). Pub. L. 102–232, § 307(h)(5), substituted
‘‘section
1182(a)(6)(C)(i)’’
for
‘‘section
1182(a)(5)(C)(i)’’.
Subsec. (a)(1)(H). Pub. L. 102–232, § 307(h)(6), substituted ‘‘paragraph (4)(D)’’ for ‘‘paragraph (6) or (7)’’.
Subsec. (a)(2)(D). Pub. L. 102–232, § 307(h)(7), inserted
‘‘or attempt’’ after ‘‘conspiracy’’.
Subsec. (a)(3)(C). Pub. L. 102–232, § 307(h)(8), added subpar. (C).
Subsec. (a)(4)(A), (B). Pub. L. 102–232, § 307(h)(9), substituted ‘‘after entry engages’’ for ‘‘after entry has engaged’’.

§ 1227

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(4)(C). Pub. L. 102–232, § 307(h)(10), substituted ‘‘excludability’’ for ‘‘excluability’’.
Subsec. (c). Pub. L. 102–232, § 307(k)(2), redesignated
subsec. (h) as (c) and substituted ‘‘existed’’ for ‘‘exist’’.
Subsec. (d). Pub. L. 102–232, § 307(k)(1), struck out subsec. (d) which related to applicability of this section to
aliens belonging to any of the classes enumerated in
subsection (a) of this section.
Subsec. (h). Pub. L. 102–232, § 307(k)(2), redesignated
subsec. (h) as (c).
Pub. L. 102–232, § 302(d)(3), struck out comma after
‘‘(3)(A)’’.
1990—Subsec. (a). Pub. L. 101–649, § 602(a), amended
subsec. (a) generally, consolidating 20 categories of excludable aliens into 5 broader classes.
Pub. L. 101–649, § 544(b), added par. (21) which read as
follows: ‘‘is the subject of a final order for violation of
section 1324c of this title.’’
Pub. L. 101–649, § 508(a), substituted ‘‘conspiracy or attempt’’ for ‘‘conspiracy’’ in par. (11).
Subsec. (b). Pub. L. 101–649, § 602(b), redesignated subsec. (e) as (b), substituted ‘‘paragraph (4) of subsection
(a) of this section’’ for ‘‘subsection (a)(6) or (7) of this
section’’ and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(4) of this section.
Pub. L. 101–649, § 505(a), struck out ‘‘(1)’’ after ‘‘crimes
shall not apply’’ and ‘‘, or (2) if the court sentencing
such alien for such crime shall make, at the time of
first imposing judgment or passing sentence, or within
thirty days thereafter, a recommendation to the Attorney General that such alien not be deported, due notice
having been given prior to making such recommendation to representatives of the interested State, the
Service, and prosecution authorities, who shall be
granted an opportunity to make representations in the
matter’’ at end of first sentence, and inserted ‘‘or who
has been convicted of an aggravated felony’’ after ‘‘subsection (a)(11) of this section’’ in second sentence.
Subsec. (c). Pub. L. 101–649, § 602(b)(1), struck out subsec. (c) which related to fraudulent entry.
Subsec. (e). Pub. L. 101–649, § 602(b)(2)(B), redesignated
subsec. (e) as (b).
Subsecs. (f), (g). Pub. L. 101–649, § 602(b)(1), struck out
subsecs. (f) and (g) which related to waiver of deportation in specified cases and hardship waivers, respectively.
Subsec. (h). Pub. L. 101–649, § 153(b)(2), amended subsec. (h) generally. Prior to amendment, subsec. (h) read
as follows: ‘‘Paragraphs (1), (2), (5), (9), or (12) of subsection (a) of this section (other than so much of paragraph (1) as relates to a ground of exclusion described
in paragraph (9), (10), (23), (27), (29), or (33) of section
1182(a) of this title) shall not apply to a special immigrant described in section 1101(a)(27)(J) of this title
based upon circumstances that exist before the date the
alien was provided such special immigrant status.’’
Pub. L. 101–649, § 153(b)(1), added subsec. (h).
1988—Subsec. (a)(4). Pub. L. 100–690, § 7344(a), inserted
cl. (B).
Subsec. (a)(14). Pub. L. 100–690 inserted ‘‘any firearm
or destructive device (as defined in paragraphs (3) and
(4)), respectively, of section 921(a) of title 18, or any revolver or’’ after ‘‘law’’.
Subsec. (a)(17). Pub. L. 100–525, § 9(m), substituted
‘‘amendment, thereof, known as the Trading With the
Enemy Act’’ for ‘‘amendment thereof; the Trading With
the Enemy Act’’.
Subsec. (a)(20). Pub. L. 100–525, § 2(n)(2), substituted
‘‘an alien lawfully admitted’’ for ‘‘an alien who becomes lawfully admitted’’.
1986—Subsec. (a)(9). Pub. L. 99–639, § 2(b)(1), designated existing provisions as cl. (A) and added cl. (B).
Subsec. (a)(10). Pub. L. 99–653 repealed par. (10). Prior
to repeal, par. (10) read as follows: ‘‘entered the United
States from foreign contiguous territory or adjacent islands, having arrived there on a vessel or aircraft of a
nonsignatory transportation company under section
1228(a) of this title and was without the required period
of stay in such foreign contiguous territory or adjacent
islands following such arrival (other than an alien de-

Page 258

scribed in section 1101(a)(27)(A) of this title and aliens
born in the Western Hemisphere);’’.
Subsec. (a)(11). Pub. L. 99–570 substituted ‘‘any law or
regulation of a State, the United States, or a foreign
country relating to a controlled substance (as defined
in section 802 of title 21)’’ for ‘‘any law or regulation relating to the illicit possession of or traffic in narcotic
drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture,
production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale,
exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana,
any salt derivative or preparation of opium or coca
leaves or isonipecaine or any addiction-forming or addiction-sustaining opiate’’.
Subsec. (a)(20). Pub. L. 99–603 added par. (20).
Subsec. (g). Pub. L. 99–639, § 2(b)(2), added subsec. (g).
1981—Subsec. (f). Pub. L. 97–116 designated existing
provision as par. (1)(A), substituted provision authorizing discretionary waiver of deportation based on visa
fraud or misrepresentation in the case of an alien,
other than an alien described in subsec. (a)(19) of this
section, who is the spouse, parent, or child of a citizen
of the United States or of an alien lawfully admitted to
the United States for permanent residence and who was
in possession of an immigrant visa or equivalent document and was otherwise admissible to the United
States at the time of such entry except for those
grounds specified in section 1182(a)(14), (20), and (21) of
this title which were a direct result of that fraud or
misrepresentation, with relief available to those who
have made innocent, as well as fraudulent, misrepresentations, for provision requiring mandatory waiver of
deportation based on visa fraud or misrepresentation at
the time of entry in the case of an alien who is the
spouse, parent, or child of a United States citizen or of
an alien lawfully admitted for permanent residence
who is otherwise admissible, and added pars. (1)(B) and
(2).
1978—Subsec. (a)(19). Pub. L. 95–549 added par. (19).
1976—Subsec. (a)(10). Pub. L. 94–571 substituted
‘‘(other than an alien described in section 1101(a)(27)(A)
of this title and aliens born in the Western Hemisphere)’’ for ‘‘(other than an alien who is a native-born
citizen of any of the countries enumerated in section
1101(a)(27)(A) of this title and an alien described in section 1101(a)(27)(B) of this title)’’.
1965—Subsec. (a)(10). Pub. L. 89–236 substituted ‘‘section 1101(a)(27)(A) of this title’’ for ‘‘section
1101(a)(27)(C) of this title’’.
1961—Subsec. (f). Pub. L. 87–301 added subsec. (f).
1960—Subsec. (a)(11). Pub. L. 86–648 inserted ‘‘or marihuana’’ after ‘‘narcotic drugs’’.
1956—Subsec. (a)(11). Act July 18, 1956, § 301(b), included conspiracy to violate any narcotic law, and the
illicit possession of narcotics, as additional grounds for
deportation.
Subsec. (b). Act July 18, 1956, § 301(c), inserted at end
‘‘The provisions of this subsection shall not apply in
the case of any alien who is charged with being deportable from the United States under subsection (a)(11) of
this section.’’
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–340 applicable to offenses
committed before, on, or after Oct. 3, 2008, see section
3(c) of Pub. L. 111–122, set out as a note under section
1182 of this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, title I, § 105(a)(2), May 11, 2005,
119 Stat. 309, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall take effect
on the date of the enactment of this division [May 11,
2005], and the amendment, and section 237(a)(4)(B) of

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TITLE 8—ALIENS AND NATIONALITY

the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)(B)), as amended by such paragraph, shall
apply to—
‘‘(A) removal proceedings instituted before, on, or
after the date of the enactment of this division [May
11, 2005]; and
‘‘(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such
date.’’
Pub. L. 109–13, div. B, title I, § 105(b), May 11, 2005, 119
Stat. 310, provided that: ‘‘Effective as of the date of the
enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108–458) [Dec. 17,
2004], section 5402 of such Act [amending this section]
is repealed, and the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] shall be applied as if such section
had not been enacted.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by section 5304(b) of Pub. L. 108–458 effective Dec. 17, 2004, and applicable to revocations under
sections 1155 and 1201(i) of this title made before, on, or
after such date, see section 5304(d) of Pub. L. 108–458,
set out as a note under section 1155 of this title.
Amendment by section 5501(b) of Pub. L. 108–458 applicable to offenses committed before, on, or after Dec.
17, 2004, see section 5501(c) of Pub. L. 108–458, set out as
a note under section 1182 of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–56 effective Oct. 26, 2001,
and applicable to actions taken by an alien before, on,
or after Oct. 26, 2001, and to all aliens, regardless of
date of entry or attempted entry into the United
States, in removal proceedings on or after such date
(except for proceedings in which there has been a final
administrative decision before such date) or seeking
admission to the United States on or after such date,
with special rules and exceptions, see section 411(c) of
Pub. L. 107–56, set out as a note under section 1182 of
this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–395, title II, § 201(c)(3), Oct. 30, 2000, 114
Stat. 1635, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall be effective
as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–638)
and shall apply to voting occurring before, on, or after
September 30, 1996. The amendment made by paragraph
(2) [amending this section] shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; 110 Stat. 3009–637) and shall
apply to representations made on or after September
30, 1996. Such amendments shall apply to individuals in
proceedings under the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] on or after September 30,
1996.’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by sections 301(d), 305(a)(2), and
308(d)(2)(A)–(C), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5)
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.
Section 308(d)(2)(D) of div. C of Pub. L. 104–208 provided that the amendment made by that section is effective Sept. 30, 1996.
Amendment by section 344(b) of Pub. L. 104–208 applicable to representations made on or after Sept. 30, 1996,
see section 344(c) of Pub. L. 104–208, set out as a note
under section 1182 of this title.
Amendment by section 347(b) of Pub. L. 104–208 applicable to voting occurring before, on, or after Sept. 30,

§ 1227

1996, see section 347(c) of Pub. L. 104–208, set out as a
note under section 1182 of this title.
Section 350(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to convictions, or violations of court orders, occurring after the date of the enactment of this Act [Sept. 30, 1996].’’
Amendment by section 351(b) of Pub. L. 104–208 applicable to applications for waivers filed before, on, or
after Sept. 30, 1996, but not applicable to such an application for which a final determination has been made
as of Sept. 30, 1996, see section 351(c) of Pub. L. 104–208,
set out as a note under section 1182 of this title.
Amendment by section 671(a)(4)(B) 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.
Section 414(b) of Pub. L. 104–132 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the first day of the first
month beginning more than 180 days after the date of
the enactment of this Act [Apr. 24, 1996].’’
Section 435(b) of Pub. L. 104–132 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to aliens against whom deportation
proceedings are initiated after the date of the enactment of this Act [Apr. 24, 1996].’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 203(b) of Pub. L. 103–416 applicable to convictions occurring before, on, or after Oct.
25, 1994, see section 203(c) of Pub. L. 103–416, set out as
an Effective and Termination Dates of 1994 Amendments note under section 1182 of this title.
Amendment by section 219(g) of Pub. L. 103–416 effective as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub.
L. 103–416, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 302(d)(3), 307(h) 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.
Section 307(k) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 602(b) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 153(b)(1) of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L.
101–649, set out as a note under section 1101 of this title.
Section 153(b)(2) of Pub. L. 101–649 provided that the
amendment of the subsec. (h) added by section 153(b)(1)
of Pub. L. 101–649 is effective on the date the amendments by section 602 of Pub. L. 101–649 become effective. See section 602(d) of Pub. L. 101–649, set out below.
Section 505(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall take effect on the date of the enactment
of this Act [Nov. 29, 1990] and shall apply to convictions
entered before, on, or after such date.’’
Section 508(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to convictions occurring on or after
the date of the enactment of this Act [Nov. 29, 1990].’’
Section 544(d), formerly (c), of Pub. L. 101–649, as redesignated by Pub. L. 102–232, title III, § 306(c)(5)(B),
Dec. 12, 1991, 105 Stat. 1752, provided that: ‘‘The amendments made by this section [enacting section 1324c of
this title and amending this section] shall apply to persons or entities that have committed violations on or
after the date of the enactment of this Act [Nov. 29,
1990].’’

§ 1228

TITLE 8—ALIENS AND NATIONALITY

Section 602(d) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this section, and by section 603(b)
of this Act [amending this section, sections 1161, 1252,
1253, and 1254 of this title, and section 402 of Title 42,
The Public Health and Welfare], shall not apply to deportation proceedings for which notice has been provided to the alien before March 1, 1991.’’
EFFECTIVE DATE OF 1988 AMENDMENTS
Section 7344(b) of Pub. L. 100–690 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to any alien who has been convicted, on or after the date of the enactment of this Act
[Nov. 18, 1988], of an aggravated felony.’’
Section 7348(b) of Pub. L. 100–690 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to any alien convicted, on or after the
date of the enactment of this Act [Nov. 18, 1988], of possessing any firearm or destructive device referred to in
such subsection.’’
Amendment by section 2(n)(2) of 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 a note under section 1101
of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14,
1986, see section 23(a) of Pub. L. 99–653, set out as a note
under section 1101 of this title.
Amendment by Pub. L. 99–570 applicable to convictions occurring before, on, or after Oct. 27, 1986, see section 1751(c) of Pub. L. 99–570, set out as a note under
section 1182 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236 see
section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 18, 1956, effective July 19,
1956, see section 401 of act July 18, 1956.
SAVINGS PROVISION
Section 602(c) of Pub. L. 101–649 provided that: ‘‘Notwithstanding the amendments made by this section
[amending this section], any alien who was deportable
because of a conviction (before the date of the enactment of this Act [Nov. 29, 1990]) of an offense referred
to in paragraph (15), (16), (17), or (18) of section 241(a)
[now 237] of the Immigration and Nationality Act [8
U.S.C. 1227], as in effect before the date of the enactment of this Act, shall be considered to remain so deportable. Except as otherwise specifically provided in
such section and subsection (d) [set out as a note
above], the provisions of such section, as amended by
this section, shall apply to all aliens described in subsection (a) thereof notwithstanding that (1) any such
alien entered the United States before the date of the
enactment of this Act, or (2) the facts, by reason of
which an alien is described in such subsection, occurred
before the date of the enactment of this Act.’’
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related

Page 260

references, see note set out under section 1551 of this
title.
REPORT ON CRIMINAL ALIENS
Section 510 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 306(a)(8), (9), Dec. 12, 1991, 105 Stat.
1751, provided that the Attorney General was to submit
to appropriate Committees of Congress, by not later
than Dec. 1, 1991, a report describing efforts of Immigration and Naturalization Service to identify, apprehend, detain, and remove from the United States aliens
who have been convicted of crimes in the United States
and including a criminal alien census and removal
plan.

§ 1228. Expedited removal of aliens convicted of
committing aggravated felonies
(a) Removal of criminal aliens
(1) In general
The Attorney General shall provide for the
availability of special removal proceedings at
certain Federal, State, and local correctional
facilities for aliens convicted of any criminal
offense covered in section 1227(a)(2)(A)(iii), (B),
(C), or (D) of this title, or any offense covered
by section 1227(a)(2)(A)(ii) of this title for
which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of this
title. Such proceedings shall be conducted in
conformity with section 1229a of this title (except as otherwise provided in this section),
and in a manner which eliminates the need for
additional detention at any processing center
of the Service and in a manner which assures
expeditious removal following the end of the
alien’s incarceration for the underlying sentence. Nothing in this section shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by
any party against the United States or its
agencies or officers or any other person.
(2) Implementation
With respect to an alien convicted of an aggravated felony who is taken into custody by
the Attorney General pursuant to section
1226(c) of this title, the Attorney General
shall, to the maximum extent practicable, detain any such felon at a facility at which other
such aliens are detained. In the selection of
such facility, the Attorney General shall make
reasonable efforts to ensure that the alien’s
access to counsel and right to counsel under
section 1362 of this title are not impaired.
(3) Expedited proceedings
(A) Notwithstanding any other provision of
law, the Attorney General shall provide for
the initiation and, to the extent possible, the
completion of removal proceedings, and any
administrative appeals thereof, in the case of
any alien convicted of an aggravated felony
before the alien’s release from incarceration
for the underlying aggravated felony.
(B) Nothing in this section shall be construed as requiring the Attorney General to effect the removal of any alien sentenced to actual incarceration, before release from the
penitentiary or correctional institution where
such alien is confined.

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(4) Review
(A) The Attorney General shall review and
evaluate removal proceedings conducted under
this section.
(B) The Comptroller General shall monitor,
review, and evaluate removal proceedings conducted under this section. Within 18 months
after the effective date of this section, the
Comptroller General shall submit a report to
such Committees concerning the extent to
which removal proceedings conducted under
this section may adversely affect the ability of
such aliens to contest removal effectively.
(b) Removal of aliens who are not permanent
residents
(1) The Attorney General may, in the case of
an alien described in paragraph (2), determine
the deportability of such alien under section
1227(a)(2)(A)(iii) of this title (relating to conviction of an aggravated felony) and issue an order
of removal pursuant to the procedures set forth
in this subsection or section 1229a of this title.
(2) An alien is described in this paragraph if
the alien—
(A) was not lawfully admitted for permanent
residence at the time at which proceedings
under this section commenced; or
(B) had permanent resident status on a conditional basis (as described in section 1186a of
this title) at the time that proceedings under
this section commenced.
(3) The Attorney General may not execute any
order described in paragraph (1) until 14 calendar days have passed from the date that such
order was issued, unless waived by the alien, in
order that the alien has an opportunity to apply
for judicial review under section 1252 of this
title.
(4) Proceedings before the Attorney General
under this subsection shall be in accordance
with such regulations as the Attorney General
shall prescribe. The Attorney General shall provide that—
(A) the alien is given reasonable notice of
the charges and of the opportunity described
in subparagraph (C);
(B) the alien shall have the privilege of being
represented (at no expense to the government)
by such counsel, authorized to practice in such
proceedings, as the alien shall choose;
(C) the alien has a reasonable opportunity to
inspect the evidence and rebut the charges;
(D) a determination is made for the record
that the individual upon whom the notice for
the proceeding under this section is served (either in person or by mail) is, in fact, the alien
named in such notice;
(E) a record is maintained for judicial review; and
(F) the final order of removal is not adjudicated by the same person who issues the
charges.
(5) No alien described in this section shall be
eligible for any relief from removal that the Attorney General may grant in the Attorney General’s discretion.

§ 1228

(c) 1 Presumption of deportability
An alien convicted of an aggravated felony
shall be conclusively presumed to be deportable
from the United States.
(c) 1 Judicial removal
(1) Authority
Notwithstanding any other provision of this
chapter, a United States district court shall
have jurisdiction to enter a judicial order of
removal at the time of sentencing against an
alien who is deportable, if such an order has
been requested by the United States Attorney
with the concurrence of the Commissioner and
if the court chooses to exercise such jurisdiction.
(2) Procedure
(A) The United States Attorney shall file
with the United States district court, and
serve upon the defendant and the Service,
prior to commencement of the trial or entry of
a guilty plea a notice of intent to request judicial removal.
(B) Notwithstanding section 1252b 2 of this
title, the United States Attorney, with the
concurrence of the Commissioner, shall file at
least 30 days prior to the date set for sentencing a charge containing factual allegations regarding the alienage of the defendant and
identifying the crime or crimes which make
the defendant deportable under section
1227(a)(2)(A) of this title.
(C) If the court determines that the defendant has presented substantial evidence to establish prima facie eligibility for relief from
removal under this chapter, the Commissioner
shall provide the court with a recommendation and report regarding the alien’s eligibility for relief. The court shall either grant
or deny the relief sought.
(D)(i) The alien shall have a reasonable opportunity to examine the evidence against
him or her, to present evidence on his or her
own behalf, and to cross-examine witnesses
presented by the Government.
(ii) The court, for the purposes of determining whether to enter an order described in
paragraph (1), shall only consider evidence
that would be admissible in proceedings conducted pursuant to section 1229a of this title.
(iii) Nothing in this subsection shall limit
the information a court of the United States
may receive or consider for the purposes of imposing an appropriate sentence.
(iv) The court may order the alien removed
if the Attorney General demonstrates that the
alien is deportable under this chapter.
(3) Notice, appeal, and execution of judicial
order of removal
(A)(i) A judicial order of removal or denial of
such order may be appealed by either party to
the court of appeals for the circuit in which
the district court is located.
(ii) Except as provided in clause (iii), such
appeal shall be considered consistent with the
requirements described in section 1252 of this
title.
1 So

in original. Two subsecs. (c) have been enacted.
References in Text note below.

2 See

§ 1228

TITLE 8—ALIENS AND NATIONALITY

(iii) Upon execution by the defendant of a
valid waiver of the right to appeal the conviction on which the order of removal is based,
the expiration of the period described in section 1252(b)(1) of this title, or the final dismissal of an appeal from such conviction, the
order of removal shall become final and shall
be executed at the end of the prison term in
accordance with the terms of the order. If the
conviction is reversed on direct appeal, the
order entered pursuant to this section shall be
void.
(B) As soon as is practicable after entry of a
judicial order of removal, the Commissioner
shall provide the defendant with written notice of the order of removal, which shall designate the defendant’s country of choice for
removal and any alternate country pursuant
to section 1253(a) 2 of this title.
(4) Denial of judicial order
Denial of a request for a judicial order of removal shall not preclude the Attorney General
from initiating removal proceedings pursuant
to section 1229a of this title upon the same
ground of deportability or upon any other
ground of deportability provided under section
1227(a) of this title.
(5) Stipulated judicial order of removal
The United States Attorney, with the concurrence of the Commissioner, may, pursuant
to Federal Rule of Criminal Procedure 11,
enter into a plea agreement which calls for the
alien, who is deportable under this chapter, to
waive the right to notice and a hearing under
this section, and stipulate to the entry of a judicial order of removal from the United States
as a condition of the plea agreement or as a
condition of probation or supervised release,
or both. The United States district court, in
both felony and misdemeanor cases, and a
United States magistrate judge in misdemeanor cases, may accept such a stipulation
and shall have jurisdiction to enter a judicial
order of removal pursuant to the terms of such
stipulation.
(June 27, 1952, ch. 477, title II, ch. 4, § 238, formerly ch. 5, § 242A, as added Pub. L. 100–690, title
VII, § 7347(a), Nov. 18, 1988, 102 Stat. 4471; amended Pub. L. 101–649, title V, § 506(a), Nov. 29, 1990,
104 Stat. 5050; Pub. L. 102–232, title III,
§ 309(b)(10), Dec. 12, 1991, 105 Stat. 1759; Pub. L.
103–322, title XIII, § 130004(a), (c), Sept. 13, 1994,
108 Stat. 2026, 2027; Pub. L. 103–416, title II,
§§ 223(a), 224(a), Oct. 25, 1994, 108 Stat. 4322; Pub.
L. 104–132, title IV, §§ 440(g), 442(a), (c), Apr. 24,
1996, 110 Stat. 1278–1280; renumbered ch. 4, § 238,
and amended Pub. L. 104–208, div. C, title III,
§§ 304(c)(1), 306(d), 308(b)(5), (c)(1), (4)(A), (e)(1)(F),
(2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D),
(10)(H), 374(a), title VI, § 671(b)(13), (c)(5), (6),
Sept. 30, 1996, 110 Stat. 3009–597, 3009–612,
3009–615, 3009–616, 3009–619, 3009–620, 3009–622,
3009–623, 3009–625, 3009–647, 3009–722, 3009–723.)
REFERENCES IN TEXT
For effective date of this section, referred to in subsec. (a)(4)(B), see Effective Date note below.
This chapter, referred to in subsec. (c)(1), (2)(C),
(D)(iv), (5), was in the original, ‘‘this Act’’, meaning act
June 27, 1952, ch. 477, 66 Stat. 163, known as the Immi-

Page 262

gration 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 1252b of this title, referred to in subsec.
(c)(2)(B), was repealed by Pub. L. 104–208, div. C, title
III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615.
Section 1253 of this title, referred to in subsec.
(c)(3)(B), was amended generally by Pub. L. 104–208, div.
C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612, and,
as so amended, subsec. (a) no longer contains provisions
relating to alternate countries. Provisions similar to
those contained in former subsec. (a) of section 1253 are
now contained in section 1231(b) of this title.
Federal Rule of Criminal Procedure 11, referred to in
subsec. (c)(5), is set out in the Appendix to Title 18,
Crimes and Criminal Procedure.
CODIFICATION
Section was formerly classified to section 1252a of
this title prior to renumbering by Pub. L. 104–208.
PRIOR PROVISIONS
A prior section 1228, act June 27, 1952, ch. 477, title II,
ch. 4, § 238, 66 Stat. 202, as amended, which related to
entry through or from foreign contiguous territory and
adjacent islands, was renumbered section 233 of act
June 27, 1952, by Pub. L. 104–208, div. C, title III,
§ 308(b)(4), Sept. 30, 1996, 110 Stat. 3009–615, and was
transferred to section 1223 of this title.
AMENDMENTS
1996—Pub. L. 104–208, § 308(b)(5), substituted ‘‘removal’’ for ‘‘deportation’’ in section catchline.
Subsec. (a). Pub. L. 104–208, § 308(e)(10), substituted
‘‘Removal’’ for ‘‘Deportation’’ in heading.
Subsec. (a)(1). Pub. L. 104–208, § 308(g)(1), substituted
‘‘1227(a)(2)(A)(iii)’’ for ‘‘1251(a)(2)(A)(iii)’’.
Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’
for ‘‘deportation’’ in two places.
Pub. L. 104–208, § 308(c)(4)(A), inserted at end ‘‘Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally
enforceable by any party against the United States or
its agencies or officers or any other person.’’
Pub. L. 104–208, § 308(c)(1)(A), substituted ‘‘section
1229a’’ for ‘‘section 1252’’.
Pub. L. 104–132, § 440(g)(1)(B), struck out ‘‘, where warranted,’’ after ‘‘assures expeditious deportation’’.
Pub. L. 104–132, § 440(g)(1)(A), as amended by Pub. L.
104–208, §§ 306(d), 308(g)(10)(H), 671(c)(5), substituted ‘‘any
criminal offense covered in section 1251(a)(2)(A)(iii),
(B), (C), or (D) of this title, or any offense covered by
section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their
commission,
otherwise
covered
by
section
1227(a)(2)(A)(i) of this title’’ for ‘‘aggravated felonies (as
defined in section 1101(a)(43) of this title)’’.
Subsec. (a)(2). Pub. L. 104–208, § 308(c)(1)(B), substituted ‘‘section 1226(c)’’ for ‘‘section 1252(a)(2)’’.
Pub. L. 104–132, § 440(g)(2), which directed substitution
of ‘‘any criminal offense covered in section
1251(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1251(a)(2)(A)(ii) of this title for
which both predicate offenses are covered by section
1251(a)(2)(A)(i) of this title.’’ for ‘‘aggravated felony’’
and all that follows through ‘‘before any scheduled
hearings.’’, was repealed by Pub. L. 104–208, § 671(c)(6).
Subsec. (a)(3), (4). Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’ wherever appearing.
Subsec. (b). Pub. L. 104–208, § 308(e)(10), substituted
‘‘Removal’’ for ‘‘Deportation’’ in heading.
Subsec. (b)(1). Pub. L. 104–208, § 308(g)(5)(C), substituted ‘‘section 1229a’’ for ‘‘section 1252(b)’’.
Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’
for ‘‘deportation’’.
Pub. L. 104–208, § 308(c)(1)(C), substituted ‘‘section
1227(a)(2)(A)(iii)’’ for ‘‘section 1251(a)(2)(A)(iii)’’.

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (b)(2)(A). Pub. L. 104–132, § 442(a)(1)(A), substituted ‘‘or’’ for ‘‘and’’ at end.
Subsec. (b)(2)(B). Pub. L. 104–132, § 442(a)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar.
(B) read as follows: ‘‘is not eligible for any relief from
deportation under this chapter.’’
Subsec. (b)(3). Pub. L. 104–208, § 308(g)(2)(A), substituted ‘‘section 1252’’ for ‘‘section 1105a’’.
Pub. L. 104–132, § 442(a)(2), substituted ‘‘14 calendar
days’’ for ‘‘30 calendar days’’.
Subsec. (b)(4)(B). Pub. L. 104–132, § 442(a)(3), substituted ‘‘proceedings’’ for ‘‘proccedings’’.
Subsec. (b)(4)(D). Pub. L. 104–208, § 304(c)(1)(A), (B), redesignated subpar. (E) as (D) and amended it generally,
and struck out former subpar. (D). Prior to amendments, subpars. (D) and (E) read as follows:
‘‘(D) such proceedings are conducted in, or translated
for the alien into, a language the alien understands;
‘‘(E) a determination is made for the record at such
proceedings that the individual who appears to respond
in such a proceeding is an alien subject to such an expedited proceeding under this section and is, in fact, the
alien named in the notice for such proceeding;’’.
Pub. L. 104–132, § 442(a)(4)(B), added subpar. (D).
Former subpar. (D) redesignated (F).
Subsec. (b)(4)(E). Pub. L. 104–208, § 304(c)(1)(C), redesignated subpar. (F) as (E). Former subpar. (E) amended
generally and redesignated (D).
Pub. L. 104–132, § 442(a)(4)(B), added subpar. (E).
Former subpar. (E) redesignated (G).
Subsec. (b)(4)(F). Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’.
Pub. L. 104–208, § 304(c)(1)(C), redesignated subpar. (G)
as (F). Former subpar. (F) redesignated (E).
Pub. L. 104–132, § 442(a)(4)(A), redesignated subpar. (D)
as (F).
Subsec. (b)(4)(G). Pub. L. 104–208, § 304(c)(1)(C), redesignated subpar. (G) as (F).
Pub. L. 104–132, § 442(a)(4)(A), redesignated subpar. (E)
as (G).
Subsec. (b)(5). Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’.
Pub. L. 104–132, § 442(a)(5), added par. (5).
Subsec. (c). Pub. L. 104–208, § 671(b)(13), redesignated
subsec. (d) relating to judicial removal as (c).
Pub. L. 104–208, § 308(e)(10), substituted ‘‘removal’’ for
‘‘deportation’’ in heading.
Pub. L. 104–132, § 442(c), added subsec. (c), relating to
presumption of deportability.
Subsec. (c)(1). Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’.
Subsec. (c)(2)(A). Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’.
Subsec. (c)(2)(B). Pub. L. 104–208, § 308(g)(1), substituted
‘‘section
1227(a)(2)(A)’’
for
‘‘section
1251(a)(2)(A)’’.
Subsec. (c)(2)(C). Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’.
Subsec. (c)(2)(D)(ii). Pub. L. 104–208, § 308(g)(5)(D), substituted ‘‘section 1229a’’ for ‘‘section 1252(b)’’.
Subsec. (c)(2)(D)(iv). Pub. L. 104–208, § 308(e)(2)(D),
substituted ‘‘removed’’ for ‘‘deported’’.
Subsec. (c)(3). Pub. L. 104–208, § 308(e)(10), substituted
‘‘removal’’ for ‘‘deportation’’ in heading.
Subsec. (c)(3)(A)(i). Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’.
Subsec. (c)(3)(A)(ii). Pub. L. 104–208, § 308(g)(2)(A), substituted ‘‘section 1252’’ for ‘‘section 1105a’’.
Subsec. (c)(3)(A)(iii). Pub. L. 104–208, § 308(g)(2)(C),
substituted
‘‘section
1252(b)(1)’’
for
‘‘section
1105a(a)(1)’’.
Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’
for ‘‘deportation’’ in two places.
Subsec. (c)(3)(B). Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’ wherever appearing.
Subsec. (c)(4). Pub. L. 104–208, § 308(g)(5)(A)(ii), substituted ‘‘section 1229a’’ for ‘‘section 1252’’.
Pub. L. 104–208, § 308(g)(1), substituted ‘‘section
1227(a)’’ for ‘‘section 1251(a)’’.

§ 1228

Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’
for ‘‘deportation’’ in two places.
Subsec. (c)(5). Pub. L. 104–208, § 308(e)(10), substituted
‘‘removal’’ for ‘‘deportation’’ in heading.
Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’
for ‘‘deportation’’ in two places.
Subsec. (d). Pub. L. 104–208, § 671(b)(13), redesignated
subsec. (d) relating to judicial removal as (c).
Subsec. (d)(1). Pub. L. 104–208, § 374(a)(1), substituted
‘‘who is deportable’’ for ‘‘whose criminal conviction
causes such alien to be deportable under section
1251(a)(2)(A) of this title’’.
Subsec. (d)(4). Pub. L. 104–208, § 374(a)(2), struck out
‘‘without a decision on the merits’’ after ‘‘Denial’’.
Subsec. (d)(5). Pub. L. 104–208, § 374(a)(3), added par.
(5).
1994—Pub. L. 103–322, § 130004(c)(1), struck out ‘‘procedures for’’ after ‘‘Expedited’’ in section catchline.
Subsec. (a)(1). Pub. L. 103–322, § 130004(c)(2), substituted subsec. heading for one which read ‘‘In general’’, redesignated existing subsec. (a) as par. (1) of
subsec. (a), and inserted heading.
Subsec. (a)(2). Pub. L. 103–322, § 130004(c)(3), redesignated subsec. (b) as par. (2) of subsec. (a).
Subsec. (a)(3). Pub. L. 103–322, § 130004(c)(5), redesignated subsec. (d) as par. (3) of subsec. (a), and redesignated pars. (1) and (2) of former subsec. (d) as subpars.
(A) and (B), respectively, of subsec. (a)(3).
Subsec. (a)(4). Pub. L. 103–322, § 130004(c)(6), redesignated subsec. (e) as par. (4) of subsec. (a), redesignated
par. (1) of former subsec. (e) as subpar. (A) of subsec.
(a)(4) and struck out at end ‘‘Within 12 months after
the effective date of this section, the Attorney General
shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate
concerning the effectiveness of such deportation proceedings in facilitating the deportation of aliens convicted of aggravated felonies.’’, and redesignated par.
(2) of former subsec. (e) as subpar. (B) of subsec. (a)(4).
Subsec. (b). Pub. L. 103–322, § 130004(a), added subsec.
(b). Former subsec. (b) redesignated par. (2) of subsec.
(a).
Subsec. (b)(4)(D), (E). Pub. L. 103–416, § 223(a), struck
out ‘‘the determination of deportability is supported by
clear, convincing, and unequivocal evidence and’’ before ‘‘a record is’’ in subpar. (D) and substituted ‘‘adjudicated’’ for ‘‘entered’’ in subpar. (E).
Subsec. (c). Pub. L. 103–322, § 130004(c)(4), struck out
heading and text of subsec. (c). Prior to amendment,
text read as follows: ‘‘An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States.’’
Subsec. (d). Pub. L. 103–416, § 224(a), added subsec. (d).
Pub. L. 103–322, § 130004(c)(5), redesignated subsec. (d)
as par. (3) of subsec. (a).
Subsec. (e). Pub. L. 103–322, § 130004(c)(6), redesignated
subsec. (e) as par. (4) of subsec. (a).
1991—Subsec. (a). Pub. L. 102–232 inserted closing parenthesis before period at end of first sentence.
1990—Subsec. (d)(2). Pub. L. 101–649 struck out before
period at end ‘‘, unless the chief prosecutor or the
judge in whose jurisdiction conviction occurred submits a written request to the Attorney General that
such alien be so deported’’.
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 304(c)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by paragraph (1) [amending this section] shall be effective as if included in the
enactment of section 442(a) of Public Law 104–132.’’
Amendment by section 308(b)(5), (c)(1), (4)(A),
(e)(1)(F), (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D),
(10)(H) 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.
Section 306(d) of div. C of Pub. L. 104–208 provided
that the amendment made by that section is effective
as if included in the enactment of the Antiterrorism
and Effective Death Penalty Act of 1996, Pub. L. 104–132.

§ 1229

TITLE 8—ALIENS AND NATIONALITY

Section 374(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a)(2)
[amending this section] shall be effective as if included
in the enactment of section 224(a) of the Immigration
and Nationality Technical Corrections Act of 1994 [Pub.
L. 103–416].’’
Amendment by section 671(b)(13) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994,
Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208,
set out as a note under section 1101 of this title.
Amendment by section 671(c)(5), (6) of Pub. L. 104–208
effective as if included in the enactment of subtitle A
of title IV of the Antiterrorism and Effective Death
Penalty Act of 1996, Pub. L. 104–132, see section 671(c)(7)
of Pub. L. 104–208, set out as a note under section 1189
of this title.
Section 442(d) of Pub. L. 104–132 provided that: ‘‘The
amendments made by this section [amending this section and section 1105a of this title] shall become effective no later than 60 days after the publication by the
Attorney General of implementing regulations that
shall be published on or before January 1, 1997.’’
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by section 224(a) of Pub. L. 103–416 applicable to all aliens whose adjudication of guilt or guilty
plea is entered in the record after Oct. 25, 1994, see section 224(c) of Pub. L. 103–416, set out as a note under
section 1252 of this title.
Section 130004(d) of Pub. L. 103–322 provided that:
‘‘The amendments made by this section [amending this
section and section 1105a of this title] shall apply to all
aliens against whom deportation proceedings are initiated after the date of enactment of this Act [Sept. 13,
1994].’’
EFFECTIVE DATE OF 1990 AMENDMENT
Section 506(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of
this Act [Nov. 29, 1990].’’
EFFECTIVE DATE
Section 7347(c) of Pub. L. 100–690 provided that: ‘‘The
amendments made by subsections (a) and (b) [enacting
this section and amending section 1105a of this title]
shall apply in the case of any alien convicted of an aggravated felony on or after the date of the enactment
of this Act [Nov. 18, 1988].’’
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.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
EXPANDED SPECIAL REMOVAL PROCEEDINGS
Section 130007 of Pub. L. 103–322, as amended by Pub.
L. 104–208, div. C, title III, § 308(g)(5)(F), (10)(F), title VI,
§ 671(a)(6), Sept. 30, 1996, 110 Stat. 3009–623, 3009–625,
3009–721, provided that:
‘‘(a) IN GENERAL.—Subject to the availability of appropriations, the Attorney General may expand the
program authorized by section[s] 238(a)(3) and 239(d) of
the Immigration and Nationality Act [8 U.S.C.
1228(a)(3), 1229(d)] to ensure that such aliens are immediately deportable upon their release from incarceration.

Page 264

‘‘(b) DETENTION AND REMOVAL OF CRIMINAL ALIENS.—
Subject to the availability of appropriations, the Attorney General may—
‘‘(1) construct or contract for the construction of 2
Immigration and Naturalization Service Processing
Centers to detain criminal aliens; and
‘‘(2) provide for the detention and removal of such
aliens.
‘‘(c) REPORT.—By September 30, 1996, and September
30, 1998 the Attorney General shall report to the Congress on the programs referred to in subsections (a) and
(b). The report shall include an evaluation of the programs, an outcome-based measurement of performance,
and an analysis of the cost effectiveness of the additional resources provided under this Act [see Tables for
classification].
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
‘‘(1) $55,000,000 for fiscal year 1995;
‘‘(2) $54,000,000 for fiscal year 1996;
‘‘(3) $49,000,000 for fiscal year 1997; and
‘‘(4) $2,000,000 for fiscal year 1998.’’

§ 1229. Initiation of removal proceedings
(a) Notice to appear
(1) In general
In removal proceedings under section 1229a
of this title, written notice (in this section referred to as a ‘‘notice to appear’’) shall be
given in person to the alien (or, if personal
service is not practicable, through service by
mail to the alien or to the alien’s counsel of
record, if any) specifying the following:
(A) The nature of the proceedings against
the alien.
(B) The legal authority under which the
proceedings are conducted.
(C) The acts or conduct alleged to be in
violation of law.
(D) The charges against the alien and the
statutory provisions alleged to have been
violated.
(E) The alien may be represented by counsel and the alien will be provided (i) a period
of time to secure counsel under subsection
(b)(1) of this section and (ii) a current list of
counsel prepared under subsection (b)(2) of
this section.
(F)(i) The requirement that the alien must
immediately provide (or have provided) the
Attorney General with a written record of
an address and telephone number (if any) at
which the alien may be contacted respecting
proceedings under section 1229a of this title.
(ii) The requirement that the alien must
provide the Attorney General immediately
with a written record of any change of the
alien’s address or telephone number.
(iii) The consequences under section
1229a(b)(5) of this title of failure to provide
address and telephone information pursuant
to this subparagraph.
(G)(i) The time and place at which the proceedings will be held.
(ii) The consequences under section
1229a(b)(5) of this title of the failure, except
under exceptional circumstances, to appear
at such proceedings.
(2) Notice of change in time or place of proceedings
(A) In general
In removal proceedings under section 1229a
of this title, in the case of any change or

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TITLE 8—ALIENS AND NATIONALITY

postponement in the time and place of such
proceedings, subject to subparagraph (B) a
written notice shall be given in person to the
alien (or, if personal service is not practicable, through service by mail to the alien
or to the alien’s counsel of record, if any)
specifying—
(i) the new time or place of the proceedings, and
(ii) the consequences under section
1229a(b)(5) of this title of failing, except
under exceptional circumstances, to attend such proceedings.
(B) Exception
In the case of an alien not in detention, a
written notice shall not be required under
this paragraph if the alien has failed to provide the address required under paragraph
(1)(F).
(3) Central address files
The Attorney General shall create a system
to record and preserve on a timely basis notices of addresses and telephone numbers (and
changes) provided under paragraph (1)(F).
(b) Securing of counsel
(1) In general
In order that an alien be permitted the opportunity to secure counsel before the first
hearing date in proceedings under section
1229a of this title, the hearing date shall not
be scheduled earlier than 10 days after the
service of the notice to appear, unless the
alien requests in writing an earlier hearing
date.
(2) Current lists of counsel
The Attorney General shall provide for lists
(updated not less often than quarterly) of persons who have indicated their availability to
represent pro bono aliens in proceedings under
section 1229a of this title. Such lists shall be
provided under subsection (a)(1)(E) of this section and otherwise made generally available.
(3) Rule of construction
Nothing in this subsection may be construed
to prevent the Attorney General from proceeding against an alien pursuant to section 1229a
of this title if the time period described in
paragraph (1) has elapsed and the alien has
failed to secure counsel.
(c) Service by mail
Service by mail under this section shall be sufficient if there is proof of attempted delivery to
the last address provided by the alien in accordance with subsection (a)(1)(F) of this section.
(d) Prompt initiation of removal
(1) In the case of an alien who is convicted of
an offense which makes the alien deportable, the
Attorney General shall begin any removal proceeding as expeditiously as possible after the
date of the conviction.
(2) Nothing in this subsection shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by
any party against the United States or its agencies or officers or any other person.

§ 1229

(e) Certification of compliance with restrictions
on disclosure
(1) In general
In cases where an enforcement action leading to a removal proceeding was taken against
an alien at any of the locations specified in
paragraph (2), the Notice to Appear shall include a statement that the provisions of section 1367 of this title have been complied with.
(2) Locations
The locations specified in this paragraph are
as follows:
(A) At a domestic violence shelter, a rape
crisis center, supervised visitation center,
family justice center, a victim services, or
victim services provider, or a communitybased organization.
(B) At a courthouse (or in connection with
that appearance of the alien at a courthouse) if the alien is appearing in connection
with a protection order case, child custody
case, or other civil or criminal case relating
to domestic violence, sexual assault, trafficking, or stalking in which the alien has
been battered or subject to extreme cruelty
or if the alien is described in subparagraph
(T) or (U) of section 1101(a)(15) of this title.
(June 27, 1952, ch. 477, title II, ch. 4, § 239, as
added Pub. L. 104–208, div. C, title III, § 304(a)(3),
Sept. 30, 1996, 110 Stat. 3009–587; amended Pub. L.
109–162, title VIII, § 825(c)(1), Jan. 5, 2006, 119
Stat. 3065; Pub. L. 109–271, § 6(d), Aug. 12, 2006, 120
Stat. 763.)
PRIOR PROVISIONS
A prior section 1229, act June 27, 1952, ch. 477, title II,
ch. 4, § 239, 66 Stat. 203, as amended, which related to
designation of ports of entry for aliens arriving by aircraft, was renumbered section 234 of act June 27, 1952,
by Pub. L. 104–208, div. C, title III, § 304(a)(1), Sept. 30,
1996, 110 Stat. 3009–587, and was transferred to section
1224 of this title.
AMENDMENTS
2006—Subsec. (e). Pub. L. 109–162 added subsec. (e).
Subsec. (e)(2)(B). Pub. L. 109–271 substituted ‘‘(U)’’ for
‘‘(V)’’.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–162, title VIII, § 825(c)(2), Jan. 5, 2006, 119
Stat. 3065, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall take effect
on the date that is 30 days after the date of the enactment of this Act [Jan. 5, 2006] and shall apply to apprehensions occurring on or after such date.’’
EFFECTIVE DATE
Section 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 an Effective Date of 1996
Amendments note under section 1101 of this title.
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.

§ 1229a

TITLE 8—ALIENS AND NATIONALITY

§ 1229a. Removal proceedings
(a) Proceeding
(1) In general
An immigration judge shall conduct proceedings for deciding the inadmissibility or
deportability of an alien.
(2) Charges
An alien placed in proceedings under this
section may be charged with any applicable
ground of inadmissibility under section 1182(a)
of this title or any applicable ground of deportability under section 1227(a) of this title.
(3) Exclusive procedures
Unless otherwise specified in this chapter, a
proceeding under this section shall be the sole
and exclusive procedure for determining
whether an alien may be admitted to the
United States or, if the alien has been so admitted, removed from the United States.
Nothing in this section shall affect proceedings conducted pursuant to section 1228 of this
title.
(b) Conduct of proceeding
(1) Authority of immigration judge
The immigration judge shall administer
oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any
witnesses. The immigration judge may issue
subpoenas for the attendance of witnesses and
presentation of evidence. The immigration
judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.
(2) Form of proceeding
(A) In general
The proceeding may take place—
(i) in person,
(ii) where agreed to by the parties, in the
absence of the alien,
(iii) through video conference, or
(iv) subject to subparagraph (B), through
telephone conference.
(B) Consent required in certain cases
An evidentiary hearing on the merits may
only be conducted through a telephone conference with the consent of the alien involved after the alien has been advised of the
right to proceed in person or through video
conference.
(3) Presence of alien
If it is impracticable by reason of an alien’s
mental incompetency for the alien to be
present at the proceeding, the Attorney General shall prescribe safeguards to protect the
rights and privileges of the alien.
(4) Alien’s rights in proceeding
In proceedings under this section, under regulations of the Attorney General—
(A) the alien shall have the privilege of
being represented, at no expense to the Government, by counsel of the alien’s choosing
who is authorized to practice in such proceedings,

Page 266

(B) the alien shall have a reasonable opportunity to examine the evidence against
the alien, to present evidence on the alien’s
own behalf, and to cross-examine witnesses
presented by the Government but these
rights shall not entitle the alien to examine
such national security information as the
Government may proffer in opposition to the
alien’s admission to the United States or to
an application by the alien for discretionary
relief under this chapter, and
(C) a complete record shall be kept of all
testimony and evidence produced at the proceeding.
(5) Consequences of failure to appear
(A) In general
Any alien who, after written notice required under paragraph (1) or (2) of section
1229(a) of this title has been provided to the
alien or the alien’s counsel of record, does
not attend a proceeding under this section,
shall be ordered removed in absentia if the
Service establishes by clear, unequivocal,
and convincing evidence that the written notice was so provided and that the alien is removable (as defined in subsection (e)(2) of
this section). The written notice by the Attorney General shall be considered sufficient
for purposes of this subparagraph if provided
at the most recent address provided under
section 1229(a)(1)(F) of this title.
(B) No notice if failure to provide address information
No written notice shall be required under
subparagraph (A) if the alien has failed to
provide the address required under section
1229(a)(1)(F) of this title.
(C) Rescission of order
Such an order may be rescinded only—
(i) upon a motion to reopen filed within
180 days after the date of the order of removal if the alien demonstrates that the
failure to appear was because of exceptional circumstances (as defined in subsection (e)(1) of this section), or
(ii) upon a motion to reopen filed at any
time if the alien demonstrates that the
alien did not receive notice in accordance
with paragraph (1) or (2) of section 1229(a)
of this title or the alien demonstrates that
the alien was in Federal or State custody
and the failure to appear was through no
fault of the alien.
The filing of the motion to reopen described
in clause (i) or (ii) shall stay the removal of
the alien pending disposition of the motion
by the immigration judge.
(D) Effect on judicial review
Any petition for review under section 1252
of this title of an order entered in absentia
under this paragraph shall (except in cases
described in section 1252(b)(5) of this title) be
confined to (i) the validity of the notice provided to the alien, (ii) the reasons for the
alien’s not attending the proceeding, and
(iii) whether or not the alien is removable.

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TITLE 8—ALIENS AND NATIONALITY

(E) Additional application to certain aliens
in contiguous territory
The preceding provisions of this paragraph
shall apply to all aliens placed in proceedings under this section, including any alien
who remains in a contiguous foreign territory pursuant to section 1225(b)(2)(C) of this
title.
(6) Treatment of frivolous behavior
The Attorney General shall, by regulation—
(A) define in a proceeding before an immigration judge or before an appellate administrative body under this subchapter, frivolous
behavior for which attorneys may be sanctioned,
(B) specify the circumstances under which
an administrative appeal of a decision or
ruling will be considered frivolous and will
be summarily dismissed, and
(C) impose appropriate sanctions (which
may include suspension and disbarment) in
the case of frivolous behavior.
Nothing in this paragraph shall be construed
as limiting the authority of the Attorney General to take actions with respect to inappropriate behavior.
(7) Limitation on discretionary relief for failure to appear
Any alien against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of section 1229(a)
of this title, was provided oral notice, either
in the alien’s native language or in another
language the alien understands, of the time
and place of the proceedings and of the consequences under this paragraph of failing, other
than because of exceptional circumstances (as
defined in subsection (e)(1) of this section) to
attend a proceeding under this section, shall
not be eligible for relief under section 1229b,
1229c, 1255, 1258, or 1259 of this title for a period
of 10 years after the date of the entry of the
final order of removal.
(c) Decision and burden of proof
(1) Decision
(A) In general
At the conclusion of the proceeding the
immigration judge shall decide whether an
alien is removable from the United States.
The determination of the immigration judge
shall be based only on the evidence produced
at the hearing.
(B) Certain medical decisions
If a medical officer or civil surgeon or
board of medical officers has certified under
section 1222(b) of this title that an alien has
a disease, illness, or addiction which would
make the alien inadmissible under paragraph (1) of section 1182(a) of this title, the
decision of the immigration judge shall be
based solely upon such certification.
(2) Burden on alien
In the proceeding the alien has the burden of
establishing—
(A) if the alien is an applicant for admission, that the alien is clearly and beyond

§ 1229a

doubt entitled to be admitted and is not inadmissible under section 1182 of this title; or
(B) by clear and convincing evidence, that
the alien is lawfully present in the United
States pursuant to a prior admission.
In meeting the burden of proof under subparagraph (B), the alien shall have access to the
alien’s visa or other entry document, if any,
and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission
or presence in the United States.
(3) Burden on service in cases of deportable
aliens
(A) In general
In the proceeding the Service has the burden of establishing by clear and convincing
evidence that, in the case of an alien who
has been admitted to the United States, the
alien is deportable. No decision on deportability shall be valid unless it is based upon
reasonable, substantial, and probative evidence.
(B) Proof of convictions
In any proceeding under this chapter, any
of the following documents or records (or a
certified copy of such an official document
or record) shall constitute proof of a criminal conviction:
(i) An official record of judgment and
conviction.
(ii) An official record of plea, verdict,
and sentence.
(iii) A docket entry from court records
that indicates the existence of the conviction.
(iv) Official minutes of a court proceeding or a transcript of a court hearing in
which the court takes notice of the existence of the conviction.
(v) An abstract of a record of conviction
prepared by the court in which the conviction was entered, or by a State official associated with the State’s repository of
criminal justice records, that indicates the
charge or section of law violated, the disposition of the case, the existence and date
of conviction, and the sentence.
(vi) Any document or record prepared by,
or under the direction of, the court in
which the conviction was entered that indicates the existence of a conviction.
(vii) Any document or record attesting
to the conviction that is maintained by an
official of a State or Federal penal institution, which is the basis for that institution’s authority to assume custody of the
individual named in the record.
(C) Electronic records
In any proceeding under this chapter, any
record of conviction or abstract that has
been submitted by electronic means to the
Service from a State or court shall be admissible as evidence to prove a criminal conviction if it is—
(i) certified by a State official associated
with the State’s repository of criminal justice records as an official record from its

§ 1229a

TITLE 8—ALIENS AND NATIONALITY

repository or by a court official from the
court in which the conviction was entered
as an official record from its repository,
and
(ii) certified in writing by a Service official as having been received electronically
from the State’s record repository or the
court’s record repository.
A certification under clause (i) may be by
means of a computer-generated signature
and statement of authenticity.
(4) Applications for relief from removal
(A) In general
An alien applying for relief or protection
from removal has the burden of proof to establish that the alien—
(i) satisfies the applicable eligibility requirements; and
(ii) with respect to any form of relief
that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion.
(B) Sustaining burden
The applicant must comply with the applicable requirements to submit information or
documentation in support of the applicant’s
application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or
other witness in support of the application,
the immigration judge will determine
whether or not the testimony is credible, is
persuasive, and refers to specific facts sufficient to demonstrate that the applicant has
satisfied the applicant’s burden of proof. In
determining whether the applicant has met
such burden, the immigration judge shall
weigh the credible testimony along with
other evidence of record. Where the immigration judge determines that the applicant
should provide evidence which corroborates
otherwise credible testimony, such evidence
must be provided unless the applicant demonstrates that the applicant does not have
the evidence and cannot reasonably obtain
the evidence.
(C) Credibility determination
Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the
inherent plausibility of the applicant’s or
witness’s account, the consistency between
the applicant’s or witness’s written and oral
statements (whenever made and whether or
not under oath, and considering the circumstances under which the statements were
made), the internal consistency of each such
statement, the consistency of such statements with other evidence of record (including the reports of the Department of State
on country conditions), and any inaccuracies
or falsehoods in such statements, without
regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the
applicant’s claim, or any other relevant fac-

Page 268

tor. There is no presumption of credibility,
however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of
credibility on appeal.
(5) Notice
If the immigration judge decides that the
alien is removable and orders the alien to be
removed, the judge shall inform the alien of
the right to appeal that decision and of the
consequences for failure to depart under the
order of removal, including civil and criminal
penalties.
(6) Motions to reconsider
(A) In general
The alien may file one motion to reconsider a decision that the alien is removable
from the United States.
(B) Deadline
The motion must be filed within 30 days of
the date of entry of a final administrative
order of removal.
(C) Contents
The motion shall specify the errors of law
or fact in the previous order and shall be
supported by pertinent authority.
(7) Motions to reopen
(A) In general
An alien may file one motion to reopen
proceedings under this section, except that
this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv).
(B) Contents
The motion to reopen shall state the new
facts that will be proven at a hearing to be
held if the motion is granted, and shall be
supported by affidavits or other evidentiary
material.
(C) Deadline
(i) In general
Except as provided in this subparagraph,
the motion to reopen shall be filed within
90 days of the date of entry of a final administrative order of removal.
(ii) Asylum
There is no time limit on the filing of a
motion to reopen if the basis of the motion
is to apply for relief under sections 1 1158 or
1231(b)(3) of this title and is based on
changed country conditions arising in the
country of nationality or the country to
which removal has been ordered, if such
evidence is material and was not available
and would not have been discovered or presented at the previous proceeding.
(iii) Failure to appear
The filing of a motion to reopen an order
entered pursuant to subsection (b)(5) of
this section is subject to the deadline specified in subparagraph (C) of such subsection.
1 So

in original.

Page 269

TITLE 8—ALIENS AND NATIONALITY

(iv) Special rule for battered spouses, children, and parents
Any limitation under this section on the
deadlines for filing such motions shall not
apply—
(I) if the basis for the motion is to
apply for relief under clause (iii) or (iv)
of section 1154(a)(1)(A) of this title,
clause (ii) or (iii) of section 1154(a)(1)(B)
of this title,,1 section 1229b(b) of this
title, or section 1254(a)(3) of this title (as
in effect on March 31, 1997);
(II) if the motion is accompanied by a
cancellation of removal application to be
filed with the Attorney General or by a
copy of the self-petition that has been or
will be filed with the Immigration and
Naturalization Service upon the granting of the motion to reopen;
(III) if the motion to reopen is filed
within 1 year of the entry of the final
order of removal, except that the Attorney General may, in the Attorney General’s discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances
or extreme hardship to the alien’s child;
and
(IV) if the alien is physically present
in the United States at the time of filing
the motion.
The filing of a motion to reopen under this
clause shall only stay the removal of a
qualified alien (as defined in section
1641(c)(1)(B) of this title 2 pending the final
disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.
(d) Stipulated removal
The Attorney General shall provide by regulation for the entry by an immigration judge of an
order of removal stipulated to by the alien (or
the alien’s representative) and the Service. A
stipulated order shall constitute a conclusive
determination of the alien’s removability from
the United States.
(e) Definitions
In this section and section 1229b of this title:
(1) Exceptional circumstances
The term ‘‘exceptional circumstances’’ refers to exceptional circumstances (such as battery or extreme cruelty to the alien or any
child or parent of the alien, serious illness of
the alien, or serious illness or death of the
spouse, child, or parent of the alien, but not
including less compelling circumstances) beyond the control of the alien.
(2) Removable
The term ‘‘removable’’ means—
(A) in the case of an alien not admitted to
the United States, that the alien is inadmissible under section 1182 of this title, or
(B) in the case of an alien admitted to the
United States, that the alien is deportable
under section 1227 of this title.
2 So

in original. A closing parenthesis probably should appear.

§ 1229a

(June 27, 1952, ch. 477, title II, ch. 4, § 240, as
added Pub. L. 104–208, div. C, title III, § 304(a)(3),
Sept. 30, 1996, 110 Stat. 3009–589; amended Pub. L.
106–386, div. B, title V, § 1506(c)(1)(A), Oct. 28,
2000, 114 Stat. 1528; Pub. L. 109–13, div. B, title I,
§ 101(d), May 11, 2005, 119 Stat. 304; Pub. L.
109–162, title VIII, §§ 813(a)(1), 825(a), Jan. 5, 2006,
119 Stat. 3057, 3063.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(3), (b)(1),
(4)(B), and (c)(3)(B), (C), 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 1254 of this title, referred to in subsec.
(c)(7)(C)(iv)(I), was repealed by Pub. L. 104–208, div. C,
title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615.
PRIOR PROVISIONS
A prior section 240 of act June 27, 1952, was renumbered section 240C, and is classified to section 1230 of
this title.
AMENDMENTS
2006—Subsec. (c)(7)(A). Pub. L. 109–162, § 825(a)(1), inserted before period at end ‘‘, except that this limitation shall not apply so as to prevent the filing of one
motion to reopen described in subparagraph (C)(iv)’’.
Subsec. (c)(7)(C)(iv). Pub. L. 109–162, § 825(a)(2)(A), (B),
substituted ‘‘spouses, children, and parents’’ for
‘‘spouses and children’’ in heading and ‘‘Any limitation
under this section on the deadlines for filing such motions shall not apply’’ for ‘‘The deadline specified in
subsection (b)(5)(C) of this section for filing a motion to
reopen does not apply’’ in introductory provisions.
Subsec. (c)(7)(C)(iv)(I). Pub. L. 109–162, § 825(a)(2)(C),
which directed substitution of ‘‘, section 1229b(b) of
this title, or section 1254(a)(3) of this title (as in effect
on March 31, 1997)’’ for ‘‘or section 1229b(b) of this
title’’, was executed by making the substitution for ‘‘or
section 1229b(b)(2) of this title’’, to reflect the probable
intent of Congress.
Subsec.
(c)(7)(C)(iv)(IV).
Pub.
L.
109–162,
§ 825(a)(2)(D)–(F), added subcl. (IV).
Subsec. (e)(1). Pub. L. 109–162, § 813(a)(1), substituted
‘‘battery or extreme cruelty to the alien or any child or
parent of the alien, serious illness of the alien,’’ for
‘‘serious illness of the alien’’.
2005—Subsec. (c)(4) to (7). Pub. L. 109–13 added par. (4)
and redesignated former pars. (4) to (6) as (5) to (7), respectively.
2000—Subsec. (c)(6)(C)(iv). Pub. L. 106–386 added cl.
(iv).
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–162, title VIII, § 813(a)(2), Jan. 5, 2006, 119
Stat. 3058, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall apply to a
failure to appear that occurs before, on, or after the
date of the enactment of this Act [Jan. 5, 2006].’’
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–13 effective May 11, 2005,
and applicable to applications for asylum, withholding,
or other relief from removal made on or after such
date, see section 101(h)(2) of Pub. L. 109–13, set out as a
note under section 1158 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–386, div. B, title V, § 1506(c)(1)(B), Oct. 28,
2000, 114 Stat. 1528, provided that: ‘‘The amendment
made by subparagraph (A) [amending this section] shall
take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant

§ 1229b

TITLE 8—ALIENS AND NATIONALITY

Responsibility Act of 1996 (8 U.S.C. 1229–1229c) [Pub. L.
104–208].’’
EFFECTIVE DATE
Section 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 an Effective Date of 1996
Amendments note under section 1101 of this title.
Subsec. (c)(3)(B), (C) of this section applicable to
proving convictions entered before, on, or after Sept.
30, 1996, see section 322(c) of Pub. L. 104–208, set out as
an Effective Date of 1996 Amendments note under section 1101 of this title.
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.
ELIMINATION OF TIME LIMITATIONS ON MOTIONS TO REOPEN DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE
Pub. L. 106–386, div. B, title V, § 1506(c)(2), Oct. 28,
2000, 114 Stat. 1528, as amended by Pub. L. 109–162, title
VIII, §§ 814(a), 825(b), Jan. 5, 2006, 119 Stat. 3058, 3064,
provided that:
‘‘(A)(i) IN GENERAL.—Notwithstanding any limitation
imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the
title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 [Pub. L. 104–208] (8 U.S.C. 1101 note))—
‘‘(I) there is no time limit on the filing of a motion
to reopen such proceedings, and the deadline specified
in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not
apply—
‘‘(aa) if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)), clause (ii) or (iii) of section
204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or
section 244(a)(3) of such Act (as so in effect) (8
U.S.C. 1254(a)(3)); and
‘‘(bb) if the motion is accompanied by a suspension of deportation application to be filed with the
Secretary of Homeland Security or by a copy of the
self-petition that will be filed with the Department
of Homeland Security upon the granting of the motion to reopen; and
‘‘(II) any such limitation shall not apply so as to
prevent the filing of one motion to reopen described
in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)).
‘‘(ii) PRIMA FACIE CASE.—The filing of a motion to reopen under this subparagraph shall only stay the removal of a qualified alien (as defined in section
431(c)(1)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B))[)] pending the final disposition of the motion, including exhaustion of all appeals if the motion
establishes that the alien is a qualified alien.
‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply to
motions filed by aliens who are physically present in
the United States and who—
‘‘(i) are, or were, in deportation or exclusion proceedings under the Immigration and Nationality Act
[8 U.S.C. 1101 et seq.] (as in effect before the title
III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note)); and
‘‘(ii) have become eligible to apply for relief described in subparagraph (A)(i) as a result of the
amendments made by—
‘‘(I) subtitle G [§ 40701 et seq.] of title IV of the
Violent Crime Control and Law Enforcement Act of

Page 270

1994 (Public Law 103–322; 108 Stat. 1953 et seq.) [see
Tables for classification]; or
‘‘(II) this title [see Short Title of 2000 Amendment
note set out under section 1101 of this title].’’
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of this chapter, any reference in law to
an order of removal is deemed to include a reference to
an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set
out in an Effective Date of 1996 Amendments note
under section 1101 of this title.

§ 1229b. Cancellation of removal; adjustment of
status
(a) Cancellation of removal for certain permanent residents
The Attorney General may cancel removal in
the case of an alien who is inadmissible or deportable from the United States if the alien—
(1) has been an alien lawfully admitted for
permanent residence for not less than 5 years,
(2) has resided in the United States continuously for 7 years after having been admitted in
any status, and
(3) has not been convicted of any aggravated
felony.
(b) Cancellation of removal and adjustment of
status for certain nonpermanent residents
(1) In general
The Attorney General may cancel removal
of, and adjust to the status of an alien lawfully admitted for permanent residence, an
alien who is inadmissible or deportable from
the United States if the alien—
(A) has been physically present in the
United States for a continuous period of not
less than 10 years immediately preceding the
date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense
under section 1182(a)(2), 1227(a)(2), or
1227(a)(3) of this title, subject to paragraph
(5); and
(D) establishes that removal would result
in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child,
who is a citizen of the United States or an
alien lawfully admitted for permanent residence.
(2) Special rule for battered spouse or child
(A) Authority
The Attorney General may cancel removal
of, and adjust to the status of an alien lawfully admitted for permanent residence, an
alien who is inadmissible or deportable from
the United States if the alien demonstrates
that—
(i)(I) the alien has been battered or subjected to extreme cruelty by a spouse or
parent who is or was a United States citizen (or is the parent of a child of a United
States citizen and the child has been battered or subjected to extreme cruelty by
such citizen parent);
(II) the alien has been battered or subjected to extreme cruelty by a spouse or
parent who is or was a lawful permanent

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TITLE 8—ALIENS AND NATIONALITY

resident (or is the parent of a child of an
alien who is or was a lawful permanent
resident and the child has been battered or
subjected to extreme cruelty by such permanent resident parent); or
(III) the alien has been battered or subjected to extreme cruelty by a United
States citizen or lawful permanent resident whom the alien intended to marry,
but whose marriage is not legitimate because of that United States citizen’s or
lawful permanent resident’s bigamy;
(ii) the alien has been physically present
in the United States for a continuous period of not less than 3 years immediately
preceding the date of such application, and
the issuance of a charging document for
removal proceedings shall not toll the 3year period of continuous physical presence in the United States;
(iii) the alien has been a person of good
moral character during such period, subject to the provisions of subparagraph (C);
(iv) the alien is not inadmissible under
paragraph (2) or (3) of section 1182(a) of
this title, is not deportable under paragraphs (1)(G) or (2) through (4) of section
1227(a) of this title, subject to paragraph
(5), and has not been convicted of an aggravated felony; and
(v) the removal would result in extreme
hardship to the alien, the alien’s child, or
the alien’s parent.
(B) Physical presence
Notwithstanding subsection (d)(2) of this
section, for purposes of subparagraph (A)(ii)
or for purposes of section 1254(a)(3) of this
title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), an alien shall not be considered to have failed to maintain continuous
physical presence by reason of an absence if
the alien demonstrates a connection between the absence and the battering or extreme cruelty perpetrated against the alien.
No absence or portion of an absence connected to the battering or extreme cruelty
shall count toward the 90-day or 180-day limits established in subsection (d)(2) of this
section. If any absence or aggregate absences exceed 180 days, the absences or portions of the absences will not be considered
to break the period of continuous presence.
Any such period of time excluded from the
180-day limit shall be excluded in computing
the time during which the alien has been
physically present for purposes of the 3-year
requirement set forth in this subparagraph,
subparagraph (A)(ii), and section 1254(a)(3) of
this title (as in effect before the title III–A
effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).
(C) Good moral character
Notwithstanding section 1101(f) of this
title, an act or conviction that does not bar
the Attorney General from granting relief
under this paragraph by reason of subparagraph (A)(iv) shall not bar the Attorney Gen-

§ 1229b

eral from finding the alien to be of good
moral character under subparagraph (A)(iii)
or section 1254(a)(3) of this title (as in effect
before the title III–A effective date in section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996), if
the Attorney General finds that the act or
conviction was connected to the alien’s having been battered or subjected to extreme
cruelty and determines that a waiver is
otherwise warranted.
(D) Credible evidence considered
In acting on applications under this paragraph, the Attorney General shall consider
any credible evidence relevant to the application. The determination of what evidence
is credible and the weight to be given that
evidence shall be within the sole discretion
of the Attorney General.
(3) Recordation of date
With respect to aliens who the Attorney
General adjusts to the status of an alien lawfully admitted for permanent residence under
paragraph (1) or (2), the Attorney General
shall record the alien’s lawful admission for
permanent residence as of the date of the Attorney General’s cancellation of removal
under paragraph (1) or (2).
(4) Children of battered aliens and parents of
battered alien children
(A) In general
The Attorney General shall grant parole
under section 1182(d)(5) of this title to any
alien who is a—
(i) child of an alien granted relief under
section 1229b(b)(2) or 1254(a)(3) of this title
(as in effect before the title III–A effective
date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996); or
(ii) parent of a child alien granted relief
under section 1229b(b)(2) or 1254(a)(3) of
this title (as in effect before the title III–A
effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996).
(B) Duration of parole
The grant of parole shall extend from the
time of the grant of relief under subsection
(b)(2) of this section or section 1254(a)(3) of
this title (as in effect before the title III–A
effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to the time the application for adjustment of status filed by aliens
covered under this paragraph has been finally adjudicated. Applications for adjustment of status filed by aliens covered under
this paragraph shall be treated as if the applicants were VAWA self-petitioners. Failure
by the alien granted relief under subsection
(b)(2) of this section or section 1254(a)(3) of
this title (as in effect before the title III–A
effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to exercise due diligence
in filing a visa petition on behalf of an alien
described in clause (i) or (ii) may result in
revocation of parole.

§ 1229b

TITLE 8—ALIENS AND NATIONALITY

(5) Application of domestic violence waiver authority
The authority provided under section
1227(a)(7) of this title may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of removal and adjustment of status
proceeding.
(6) Relatives of trafficking victims
(A) In general
Upon written request by a law enforcement official, the Secretary of Homeland Security may parole under section 1182(d)(5) of
this title any alien who is a relative of an
alien granted continued presence under section 7105(c)(3)(A) of title 22, if the relative—
(i) was, on the date on which law enforcement applied for such continued presence—
(I) in the case of an alien granted continued presence who is under 21 years of
age, the spouse, child, parent, or unmarried sibling under 18 years of age, of the
alien; or
(II) in the case of an alien granted continued presence who is 21 years of age or
older, the spouse or child of the alien; or
(ii) is a parent or sibling of the alien who
the requesting law enforcement official, in
consultation with the Secretary of Homeland Security, as appropriate, determines
to be in present danger of retaliation as a
result of the alien’s escape from the severe
form of trafficking or cooperation with
law enforcement, irrespective of age.
(B) Duration of parole
(i) In general
The Secretary may extend the parole
granted under subparagraph (A) until the
final adjudication of the application filed
by the principal alien under section
1101(a)(15)(T)(ii) of this title.
(ii) Other limits on duration
If an application described in clause (i) is
not filed, the parole granted under subparagraph (A) may extend until the later
of—
(I) the date on which the principal
alien’s authority to remain in the United
States under section 7105(c)(3)(A) of title
22 is terminated; or
(II) the date on which a civil action
filed by the principal alien under section
1595 of title 18 is concluded.
(iii) Due diligence
Failure by the principal alien to exercise
due diligence in filing a visa petition on
behalf of an alien described in clause (i) or
(ii) of subparagraph (A), or in pursuing the
civil action described in clause (ii)(II) (as
determined by the Secretary of Homeland
Security in consultation with the Attorney General), may result in revocation of
parole.
(C) Other limitations
A relative may not be granted parole
under this paragraph if—

Page 272

(i) the Secretary of Homeland Security
or the Attorney General has reason to believe that the relative was knowingly
complicit in the trafficking of an alien
permitted to remain in the United States
under section 7105(c)(3)(A) of title 22; or
(ii) the relative is an alien described in
paragraph (2) or (3) of section 1182(a) of
this title or paragraph (2) or (4) of section
1227(a) of this title.
(c) Aliens ineligible for relief
The provisions of subsections (a) and (b)(1) of
this section shall not apply to any of the following aliens:
(1) An alien who entered the United States
as a crewman subsequent to June 30, 1964.
(2) An alien who was admitted to the United
States as a nonimmigrant exchange alien as
defined in section 1101(a)(15)(J) of this title, or
has acquired the status of such a nonimmigrant exchange alien after admission, in
order to receive graduate medical education or
training, regardless of whether or not the
alien is subject to or has fulfilled the two-year
foreign residence requirement of section
1182(e) of this title.
(3) An alien who—
(A) was admitted to the United States as a
nonimmigrant exchange alien as defined in
section 1101(a)(15)(J) of this title or has acquired the status of such a nonimmigrant
exchange alien after admission other than to
receive graduate medical education or training,
(B) is subject to the two-year foreign residence requirement of section 1182(e) of this
title, and
(C) has not fulfilled that requirement or
received a waiver thereof.
(4) An alien who is inadmissible under section 1182(a)(3) of this title or deportable under
section 1227(a)(4) of this title.
(5) An alien who is described in section
1231(b)(3)(B)(i) of this title.
(6) An alien whose removal has previously
been cancelled under this section or whose deportation was suspended under section 1254(a)
of this title or who has been granted relief
under section 1182(c) of this title, as such sections were in effect before September 30, 1996.
(d) Special rules relating to continuous residence
or physical presence
(1) Termination of continuous period
For purposes of this section, any period of
continuous residence or continuous physical
presence in the United States shall be deemed
to end (A) except in the case of an alien who
applies for cancellation of removal under subsection (b)(2) of this section, when the alien is
served a notice to appear under section 1229(a)
of this title, or (B) when the alien has committed an offense referred to in section 1182(a)(2)
of this title that renders the alien inadmissible to the United States under section
1182(a)(2) of this title or removable from the
United States under section 1227(a)(2) or
1227(a)(4) of this title, whichever is earliest.
(2) Treatment of certain breaks in presence
An alien shall be considered to have failed to
maintain continuous physical presence in the

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TITLE 8—ALIENS AND NATIONALITY

United States under subsections (b)(1) and
(b)(2) of this section if the alien has departed
from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.
(3) Continuity not required because of honorable service in Armed Forces and presence
upon entry into service
The requirements of continuous residence or
continuous physical presence in the United
States under subsections (a) and (b) of this
section shall not apply to an alien who—
(A) has served for a minimum period of 24
months in an active-duty status in the
Armed Forces of the United States and, if
separated from such service, was separated
under honorable conditions, and
(B) at the time of the alien’s enlistment or
induction was in the United States.
(e) Annual limitation
(1) Aggregate limitation
Subject to paragraphs (2) and (3), the Attorney General may not cancel the removal and
adjust the status under this section, nor suspend the deportation and adjust the status
under section 1254(a) of this title (as in effect
before September 30, 1996), of a total of more
than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when
an alien applied for such cancellation and adjustment, or such suspension and adjustment,
and whether such an alien had previously applied for suspension of deportation under such
section 1254(a) of this title. The numerical limitation under this paragraph shall apply to the
aggregate number of decisions in any fiscal
year to cancel the removal (and adjust the
status) of an alien, or suspend the deportation
(and adjust the status) of an alien, under this
section or such section 1254(a) of this title.
(2) Fiscal year 1997
For fiscal year 1997, paragraph (1) shall only
apply to decisions to cancel the removal of an
alien, or suspend the deportation of an alien,
made after April 1, 1997. Notwithstanding any
other provision of law, the Attorney General
may cancel the removal or suspend the deportation, in addition to the normal allotment for
fiscal year 1998, of a number of aliens equal to
4,000 less the number of such cancellations of
removal and suspensions of deportation granted in fiscal year 1997 after April 1, 1997.
(3) Exception for certain aliens
Paragraph (1) shall not apply to the following:
(A)
Aliens
described
in
section
309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (as amended by the Nicaraguan Adjustment and Central American Relief Act).
(B) Aliens in deportation proceedings prior
to April 1, 1997, who applied for suspension of
deportation under section 1254(a)(3) of this
title (as in effect before September 30, 1996).
(June 27, 1952, ch. 477, title II, ch. 4, § 240A, as
added Pub. L. 104–208, div. C, title III, § 304(a)(3),
Sept. 30, 1996, 110 Stat. 3009–594; amended Pub. L.
105–100, title II, § 204(a)–(c), Nov. 19, 1997, 111

§ 1229b

Stat. 2200, 2201; Pub. L. 106–386, div. B, title V,
§§ 1504(a), (b), 1505(b)(2), 1506(b)(1), Oct. 28, 2000,
114 Stat. 1522, 1524, 1525, 1527; Pub. L. 109–162,
title VIII, §§ 813(c)(1), 822(a), (b), Jan. 5, 2006, 119
Stat. 3058, 3062, 3063; Pub. L. 109–271, § 6(e), Aug.
12, 2006, 120 Stat. 763; Pub. L. 110–457, title II,
§ 205(b), Dec. 23, 2008, 122 Stat. 5062.)
REFERENCES IN TEXT
Section 1254 of this title, referred to in subsecs.
(b)(2)(B), (C), (4), (c)(6), and (e)(1), (3)(B), was repealed
by Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30,
1996, 110 Stat. 3009–615.
Section 1182(c) of this title, referred to in subsec.
(c)(6), was repealed by Pub. L. 104–208, div. C, title III,
§ 304(b), Sept. 30, 1996, 110 Stat. 3009–597.
Section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, referred to in
subsecs. (b)(2)(B), (C), (4), and (e)(3)(A), is section 309 of
title III of div. C of Pub. L. 104–208, as amended, which
is set out as a note under section 1101 of this title.
AMENDMENTS
2008—Subsec. (b)(6). Pub. L. 110–457 added par. (6).
2006—Subsec. (b)(1)(C). Pub. L. 109–162, § 813(c)(1)(A),
substituted ‘‘, subject to paragraph (5)’’ for ‘‘(except in
a case described in section 1227(a)(7) of this title where
the Attorney General exercises discretion to grant a
waiver)’’.
Subsec. (b)(2)(A)(iv). Pub. L. 109–162, § 813(c)(1)(B),
substituted ‘‘, subject to paragraph (5)’’ for ‘‘(except in
a case described in section 1227(a)(7) of this title where
the Attorney General exercises discretion to grant a
waiver)’’.
Subsec. (b)(2)(B). Pub. L. 109–162, § 822(a)(2), which directed amendment of fourth sentence by substituting
‘‘this subparagraph, subparagraph (A)(ii),’’ for ‘‘subsection (b)(2)(B) of this section’’, was executed by making the substitution for language which read in the
original ‘‘section 240A(b)(2)(B)’’, to reflect the probable
intent of Congress.
Pub. L. 109–162, § 822(a)(1), substituted ‘‘(A)(ii)’’ for
‘‘(A)(i)(II)’’ in first sentence.
Subsec. (b)(2)(C). Pub. L. 109–162, § 822(b), substituted
‘‘(A)(iii)’’ for ‘‘(A)(i)(III)’’.
Subsec. (b)(4)(B). Pub. L. 109–271 substituted ‘‘the applicants were VAWA self-petitioners’’ for ‘‘they were
applications filed under section 1154(a)(1)(A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of this title for purposes of
section 1255 (a) and (c) of this title’’.
Subsec. (b)(5). Pub. L. 109–162, § 813(c)(1)(C), added par.
(5).
2000—Subsec. (b)(1)(C). Pub. L. 106–386, § 1505(b)(2), inserted before semicolon ‘‘(except in a case described in
section 1227(a)(7) of this title where the Attorney General exercises discretion to grant a waiver)’’.
Subsec. (b)(2). Pub. L. 106–386, § 1504(a), amended heading and text of par. (2) generally. Prior to amendment,
text read as follows: ‘‘(2) The Attorney General may
cancel removal of, and adjust to the status of an alien
lawfully admitted for permanent residence, an alien
who is inadmissible or deportable from the United
States if the alien demonstrates that—
‘‘(A) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or
parent who is a United States citizen or lawful permanent resident (or is the parent of a child of a
United States citizen or lawful permanent resident
and the child has been battered or subjected to extreme cruelty in the United States by such citizen or
permanent resident parent);
‘‘(B) the alien has been physically present in the
United States for a continuous period of not less than
3 years immediately preceding the date of such application;
‘‘(C) the alien has been a person of good moral character during such period;
‘‘(D) the alien is not inadmissible under paragraph
(2) or (3) of section 1182(a) of this title, is not deport-

§ 1229c

TITLE 8—ALIENS AND NATIONALITY

able under paragraph (1)(G) or (2) through (4) of section 1227(a) of this title, and has not been convicted
of an aggravated felony; and
‘‘(E) the removal would result in extreme hardship
to the alien, the alien’s child, or (in the case of an
alien who is a child) to the alien’s parent.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evidence relevant to the application. The determination
of what evidence is credible and the weight to be
given that evidence shall be within the sole discretion of the Attorney General.’’
Subsec. (b)(4). Pub. L. 106–386, § 1504(b), added par. (4).
Subsec. (d)(1). Pub. L. 106–386, § 1506(b)(1), substituted
‘‘(A) except in the case of an alien who applies for cancellation of removal under subsection (b)(2) of this section, when the alien is served a notice to appear under
section 1229(a) of this title, or (B)’’ for ‘‘when the alien
is served a notice to appear under section 1229(a) of this
title or’’.
1997—Subsec. (b)(1), (2). Pub. L. 105–100, § 204(b), in introductory provisions, substituted ‘‘may cancel removal of, and adjust to the status of an alien lawfully
admitted for permanent residence, an alien’’ for ‘‘may
cancel removal in the case of an alien’’.
Subsec. (b)(3). Pub. L. 105–100, § 204(c), amended heading and text of par. (3) generally. Prior to amendment,
text read as follows: ‘‘The Attorney General may adjust
to the status of an alien lawfully admitted for permanent residence any alien who the Attorney General determines meets the requirements of paragraph (1) or
(2). The number of adjustments under this paragraph
shall not exceed 4,000 for any fiscal year. The Attorney
General shall record the alien’s lawful admission for
permanent residence as of the date the Attorney General’s cancellation of removal under paragraph (1) or (2)
or determination under this paragraph.’’
Subsec. (e). Pub. L. 105–100, § 204(a), amended heading
and text of subsec. (e) generally. Prior to amendment,
text read as follows: ‘‘The Attorney General may not
cancel the removal and adjust the status under this
section, nor suspend the deportation and adjust the
status under section 1254(a) of this title (as in effect before September 30, 1996), of a total of more than 4,000
aliens in any fiscal year. The previous sentence shall
apply regardless of when an alien applied for such cancellation and adjustment and whether such an alien
had previously applied for suspension of deportation
under such section 1254(a) of this title.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–386, div. B, title V, § 1504(c), Oct. 28, 2000,
114 Stat. 1524, provided that: ‘‘Any individual who becomes eligible for relief by reason of the enactment of
the amendments made by subsections (a) and (b)
[amending this section], shall be eligible to file a motion to reopen pursuant to section 240(c)(6)(C)(iv) [now
8 U.S.C. 1229a(c)(7)(C)(iv)]. The amendments made by
subsections (a) and (b) shall take effect as if included
in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104–208; 110 Stat. 587 [3009–587]). Such portions of the amendments made by subsection (b) that
relate to section 244(a)(3) [8 U.S.C. 1254(a)(3)] (as in effect before the title III–A effective date in section 309
of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) shall take effect as if included
in subtitle G [§ 40701 et seq.] of title IV of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322; 108 Stat. 1953 et seq.) [see Tables for classification].’’
Pub. L. 106–386, div. B, title V, § 1506(b)(2), Oct. 28,
2000, 114 Stat. 1527, provided that: ‘‘The amendment
made by paragraph (1) [amending this section] shall
take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104–208; 110 Stat.
587 [3009–587]).’’

Page 274

EFFECTIVE DATE OF 1997 AMENDMENT
Section 204(e) of Pub. L. 105–100 provided that: ‘‘The
amendments made by this section [amending this section and provisions set out as a note under section 1101
of this title] shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110
Stat. 3009–546).’’
EFFECTIVE DATE
Section effective on the first day of the first month
beginning more than 180 days after Sept. 30, 1996, with
certain transitional provisions including provision that
subsec. (d)(1), (2) of this section be applicable to notices
to appear issued before, on, or after Sept. 30, 1996, see
section 309 of Pub. L. 104–208, set out as an Effective
Date of 1996 Amendments note under section 1101 of
this title.
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.
DISCRETION TO CONSENT TO AN ALIEN’S REAPPLICATION
FOR ADMISSION
Pub. L. 109–162, title VIII, § 813(b), Jan. 5, 2006, 119
Stat. 3058, provided that:
‘‘(1) IN GENERAL.—The Secretary of Homeland Security, the Attorney General, and the Secretary of State
shall continue to have discretion to consent to an
alien’s reapplication for admission after a previous
order of removal, deportation, or exclusion.
‘‘(2) SENSE OF CONGRESS.—It is the sense of Congress
that the officials described in paragraph (1) should particularly consider exercising this authority in cases
under the Violence Against Women Act of 1994 [Pub. L.
103–322, title IV, see Tables for classification], cases involving nonimmigrants described in subparagraph (T)
or (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), and relief under section 240A(b)(2) [8 U.S.C. 1229b(b)(2)] or 244(a)(3) [8 U.S.C.
1254(a)(3)] of such Act (as in effect on March 31, 1997)
pursuant to regulations under section 212.2 of title 8,
Code of Federal Regulations.’’
DEFINITIONS
For definition of the term ‘‘removable’’ used in subsec. (d)(1), see section 1229a(e) of this title.

§ 1229c. Voluntary departure
(a) Certain conditions
(1) In general
The Attorney General may permit an alien
voluntarily to depart the United States at the
alien’s own expense under this subsection, in
lieu of being subject to proceedings under section 1229a of this title or prior to the completion of such proceedings, if the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4)(B) of this title.
(2) Period
(A) In general
Subject to subparagraph (B), permission to
depart voluntarily under this subsection
shall not be valid for a period exceeding 120
days.
(B) Three-year pilot program waiver
During the period October 1, 2000, through
September 30, 2003, and subject to subparagraphs (C) and (D)(ii), the Attorney General

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TITLE 8—ALIENS AND NATIONALITY

may, in the discretion of the Attorney General for humanitarian purposes, waive application of subparagraph (A) in the case of an
alien—
(i) who was admitted to the United
States as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this
title) under the provisions of the visa
waiver pilot program established pursuant
to section 1187 of this title, seeks the waiver for the purpose of continuing to receive
medical treatment in the United States
from a physician associated with a health
care facility, and submits to the Attorney
General—
(I) a detailed diagnosis statement from
the physician, which includes the treatment being sought and the expected time
period the alien will be required to remain in the United States;
(II) a statement from the health care
facility containing an assurance that the
alien’s treatment is not being paid
through any Federal or State public
health assistance, that the alien’s account has no outstanding balance, and
that such facility will notify the Service
when the alien is released or treatment
is terminated; and
(III) evidence of financial ability to
support the alien’s day-to-day expenses
while in the United States (including the
expenses of any family member described
in clause (ii)) and evidence that any such
alien or family member is not receiving
any form of public assistance; or
(ii) who—
(I) is a spouse, parent, brother, sister,
son, daughter, or other family member
of a principal alien described in clause
(i); and
(II) entered the United States accompanying, and with the same status as,
such principal alien.
(C) Waiver limitations
(i) Waivers under subparagraph (B) may be
granted only upon a request submitted by a
Service district office to Service headquarters.
(ii) Not more than 300 waivers may be
granted for any fiscal year for a principal
alien under subparagraph (B)(i).
(iii)(I) Except as provided in subclause (II),
in the case of each principal alien described
in subparagraph (B)(i) not more than one
adult may be granted a waiver under subparagraph (B)(ii).
(II) Not more than two adults may be
granted a waiver under subparagraph (B)(ii)
in a case in which—
(aa) the principal alien described in subparagraph (B)(i) is a dependent under the
age of 18; or
(bb) one such adult is age 55 or older or
is physically handicapped.
(D) Report to Congress; suspension of waiver
authority
(i) Not later than March 30 of each year,
the Commissioner shall submit to the Con-

§ 1229c

gress an annual report regarding all waivers
granted under subparagraph (B) during the
preceding fiscal year.
(ii) Notwithstanding any other provision of
law, the authority of the Attorney General
under subparagraph (B) shall be suspended
during any period in which an annual report
under clause (i) is past due and has not been
submitted.
(3) Bond
The Attorney General may require an alien
permitted to depart voluntarily under this
subsection to post a voluntary departure bond,
to be surrendered upon proof that the alien
has departed the United States within the
time specified.
(4) Treatment of aliens arriving in the United
States
In the case of an alien who is arriving in the
United States and with respect to whom proceedings under section 1229a of this title are
(or would otherwise be) initiated at the time
of such alien’s arrival, paragraph (1) shall not
apply. Nothing in this paragraph shall be construed as preventing such an alien from withdrawing the application for admission in accordance with section 1225(a)(4) of this title.
(b) At conclusion of proceedings
(1) In general
The Attorney General may permit an alien
voluntarily to depart the United States at the
alien’s own expense if, at the conclusion of a
proceeding under section 1229a of this title,
the immigration judge enters an order granting voluntary departure in lieu of removal and
finds that—
(A) the alien has been physically present
in the United States for a period of at least
one year immediately preceding the date the
notice to appear was served under section
1229(a) of this title;
(B) the alien is, and has been, a person of
good moral character for at least 5 years immediately preceding the alien’s application
for voluntary departure;
(C) the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of
this title; and
(D) the alien has established by clear and
convincing evidence that the alien has the
means to depart the United States and intends to do so.
(2) Period
Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 60 days.
(3) Bond
An alien permitted to depart voluntarily
under this subsection shall be required to post
a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to
be surrendered upon proof that the alien has
departed the United States within the time
specified.
(c) Aliens not eligible
The Attorney General shall not permit an
alien to depart voluntarily under this section if

§ 1230

TITLE 8—ALIENS AND NATIONALITY

the alien was previously permitted to so depart
after having been found inadmissible under section 1182(a)(6)(A) of this title.
(d) Civil penalty for failure to depart
(1) In general
Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United
States within the time period specified, the
alien—
(A) shall be subject to a civil penalty of
not less than $1,000 and not more than $5,000;
and
(B) shall be ineligible, for a period of 10
years, to receive any further relief under
this section and sections 1229b, 1255, 1258,
and 1259 of this title.
(2) Application of VAWA protections
The restrictions on relief under paragraph
(1) shall not apply to relief under section 1229b
or 1255 of this title on the basis of a petition
filed by a VAWA self-petitioner, or a petition
filed under section 1229b(b)(2) of this title, or
under section 1254(a)(3) of this title (as in effect prior to March 31, 1997), if the extreme
cruelty or battery was at least one central
reason for the alien’s overstaying the grant of
voluntary departure.
(3) Notice of penalties
The order permitting an alien to depart voluntarily shall inform the alien of the penalties
under this subsection.
(e) Additional conditions
The Attorney General may by regulation limit
eligibility for voluntary departure under this
section for any class or classes of aliens. No
court may review any regulation issued under
this subsection.
(f) Judicial review
No court shall have jurisdiction over an appeal
from denial of a request for an order of voluntary departure under subsection (b) of this
section, nor shall any court order a stay of an
alien’s removal pending consideration of any
claim with respect to voluntary departure.
(June 27, 1952, ch. 477, title II, ch. 4, § 240B, as
added Pub. L. 104–208, div. C, title III, § 304(a)(3),
Sept. 30, 1996, 110 Stat. 3009–596; amended Pub. L.
106–406, § 2, Nov. 1, 2000, 114 Stat. 1755; Pub. L.
109–162, title VIII, § 812, Jan. 5, 2006, 119 Stat.
3057.)
REFERENCES IN TEXT
Section 1254 of this title, referred to in subsec. (d)(2),
was repealed by Pub. L. 104–208, div. C, title III,
§ 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615.
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–162 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘If an alien is permitted to depart voluntarily under this section and
fails voluntarily to depart the United States within the
time period specified, the alien shall be subject to a
civil penalty of not less than $1,000 and not more than
$5,000, and be ineligible for a period of 10 years for any
further relief under this section and sections 1229b,
1255, 1258, and 1259 of this title. The order permitting

Page 276

the alien to depart voluntarily shall inform the alien of
the penalties under this subsection.’’
2000—Subsec. (a)(2). Pub. L. 106–406 amended heading
and text of par. (2) generally. Prior to amendment, text
read as follows: ‘‘Permission to depart voluntarily
under this subsection shall not be valid for a period exceeding 120 days.’’
EFFECTIVE DATE
Section 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 an Effective Date of 1996
Amendments note under section 1101 of this title.
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.

§ 1230. Records of admission
(a) The Attorney General shall cause to be
filed, as a record of admission of each immigrant, the immigrant visa required by section
1201(e) of this title to be surrendered at the port
of entry by the arriving alien to an immigration
officer.
(b) The Attorney General shall cause to be
filed such record of the admission into the
United States of each immigrant admitted
under section 1181(b) of this title and of each
nonimmigrant as the Attorney General deems
necessary for the enforcement of the immigration laws.
(June 27, 1952, ch. 477, title II, ch. 4, § 240C, formerly § 240, 66 Stat. 204; renumbered § 240C and
amended Pub. L. 104–208, div. C, title III,
§§ 304(a)(2), 308(f)(1)(K), Sept. 30, 1996, 110 Stat.
3009–587, 3009–621.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–208, § 308(f)(1)(K), substituted ‘‘admission’’ for ‘‘entry’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
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.

§ 1231. Detention and removal of aliens ordered
removed
(a) Detention, release, and removal of aliens ordered removed
(1) Removal period
(A) In general
Except as otherwise provided in this section, when an alien is ordered removed, the
Attorney General shall remove the alien
from the United States within a period of 90
days (in this section referred to as the ‘‘removal period’’).

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TITLE 8—ALIENS AND NATIONALITY

(B) Beginning of period
The removal period begins on the latest of
the following:
(i) The date the order of removal becomes administratively final.
(ii) If the removal order is judicially reviewed and if a court orders a stay of the
removal of the alien, the date of the
court’s final order.
(iii) If the alien is detained or confined
(except under an immigration process), the
date the alien is released from detention
or confinement.
(C) Suspension of period
The removal period shall be extended beyond a period of 90 days and the alien may
remain in detention during such extended
period if the alien fails or refuses to make
timely application in good faith for travel or
other documents necessary to the alien’s departure or conspires or acts to prevent the
alien’s removal subject to an order of removal.
(2) Detention
During the removal period, the Attorney
General shall detain the alien. Under no circumstance during the removal period shall the
Attorney General release an alien who has
been
found
inadmissible
under
section
1182(a)(2) or 1182(a)(3)(B) of this title or deportable under section 1227(a)(2) or 1227(a)(4)(B) of
this title.
(3) Supervision after 90-day period
If the alien does not leave or is not removed
within the removal period, the alien, pending
removal, shall be subject to supervision under
regulations prescribed by the Attorney General. The regulations shall include provisions
requiring the alien—
(A) to appear before an immigration officer periodically for identification;
(B) to submit, if necessary, to a medical
and psychiatric examination at the expense
of the United States Government;
(C) to give information under oath about
the alien’s nationality, circumstances, habits, associations, and activities, and other
information the Attorney General considers
appropriate; and
(D) to obey reasonable written restrictions
on the alien’s conduct or activities that the
Attorney General prescribes for the alien.
(4) Aliens imprisoned, arrested, or on parole,
supervised release, or probation
(A) In general
Except as provided in section 259(a) 1 of
title 42 and paragraph (2),2 the Attorney
General may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason
to defer removal.
1 See
2 So

References in Text note below.
in original. Probably should be ‘‘subparagraph (B),’’.

§ 1231

(B) Exception for removal of nonviolent offenders prior to completion of sentence
of imprisonment
The Attorney General is authorized to remove an alien in accordance with applicable
procedures under this chapter before the
alien has completed a sentence of imprisonment—
(i) in the case of an alien in the custody
of the Attorney General, if the Attorney
General determines that (I) the alien is
confined pursuant to a final conviction for
a nonviolent offense (other than an offense
related to smuggling or harboring of aliens
or an offense described in section
1101(a)(43)(B), (C), (E), (I), or (L) of this
title 3 and (II) the removal of the alien is
appropriate and in the best interest of the
United States; or
(ii) in the case of an alien in the custody
of a State (or a political subdivision of a
State), if the chief State official exercising
authority with respect to the incarceration of the alien determines that (I) the
alien is confined pursuant to a final conviction for a nonviolent offense (other
than an offense described in section
1101(a)(43)(C) or (E) of this title), (II) the
removal is appropriate and in the best interest of the State, and (III) submits a
written request to the Attorney General
that such alien be so removed.
(C) Notice
Any alien removed pursuant to this paragraph shall be notified of the penalties under
the laws of the United States relating to the
reentry of deported aliens, particularly the
expanded penalties for aliens removed under
subparagraph (B).
(D) No private right
No cause or claim may be asserted under
this paragraph against any official of the
United States or of any State to compel the
release, removal, or consideration for release
or removal of any alien.
(5) Reinstatement of removal orders against
aliens illegally reentering
If the Attorney General finds that an alien
has reentered the United States illegally after
having been removed or having departed voluntarily, under an order of removal, the prior
order of removal is reinstated from its original
date and is not subject to being reopened or
reviewed, the alien is not eligible and may not
apply for any relief under this chapter, and the
alien shall be removed under the prior order at
any time after the reentry.
(6) Inadmissible or criminal aliens
An alien ordered removed who is inadmissible under section 1182 of this title, removable
under section 1227(a)(1)(C), 1227(a)(2), or
1227(a)(4) of this title or who has been determined by the Attorney General to be a risk to
the community or unlikely to comply with the
order of removal, may be detained beyond the
3 So in original. Probably should be followed by a closing
parenthesis.

§ 1231

TITLE 8—ALIENS AND NATIONALITY

removal period and, if released, shall be subject to the terms of supervision in paragraph
(3).
(7) Employment authorization
No alien ordered removed shall be eligible to
receive authorization to be employed in the
United States unless the Attorney General
makes a specific finding that—
(A) the alien cannot be removed due to the
refusal of all countries designated by the
alien or under this section to receive the
alien, or
(B) the removal of the alien is otherwise
impracticable or contrary to the public interest.
(b) Countries to which aliens may be removed
(1) Aliens arriving at the United States
Subject to paragraph (3)—
(A) In general
Except as provided by subparagraphs (B)
and (C), an alien who arrives at the United
States and with respect to whom proceedings under section 1229a of this title were
initiated at the time of such alien’s arrival
shall be removed to the country in which the
alien boarded the vessel or aircraft on which
the alien arrived in the United States.
(B) Travel from contiguous territory
If the alien boarded the vessel or aircraft
on which the alien arrived in the United
States in a foreign territory contiguous to
the United States, an island adjacent to the
United States, or an island adjacent to a foreign territory contiguous to the United
States, and the alien is not a native, citizen,
subject, or national of, or does not reside in,
the territory or island, removal shall be to
the country in which the alien boarded the
vessel that transported the alien to the territory or island.
(C) Alternative countries
If the government of the country designated in subparagraph (A) or (B) is unwilling to accept the alien into that country’s
territory, removal shall be to any of the following countries, as directed by the Attorney General:
(i) The country of which the alien is a
citizen, subject, or national.
(ii) The country in which the alien was
born.
(iii) The country in which the alien has
a residence.
(iv) A country with a government that
will accept the alien into the country’s
territory if removal to each country described in a previous clause of this subparagraph is impracticable, inadvisable, or
impossible.
(2) Other aliens
Subject to paragraph (3)—
(A) Selection of country by alien
Except as otherwise provided in this paragraph—
(i) any alien not described in paragraph
(1) who has been ordered removed may des-

Page 278

ignate one country to which the alien
wants to be removed, and
(ii) the Attorney General shall remove
the alien to the country the alien so designates.
(B) Limitation on designation
An alien may designate under subparagraph (A)(i) a foreign territory contiguous to
the United States, an adjacent island, or an
island adjacent to a foreign territory contiguous to the United States as the place to
which the alien is to be removed only if the
alien is a native, citizen, subject, or national
of, or has resided in, that designated territory or island.
(C) Disregarding designation
The Attorney General may disregard a designation under subparagraph (A)(i) if—
(i) the alien fails to designate a country
promptly;
(ii) the government of the country does
not inform the Attorney General finally,
within 30 days after the date the Attorney
General first inquires, whether the government will accept the alien into the country;
(iii) the government of the country is
not willing to accept the alien into the
country; or
(iv) the Attorney General decides that
removing the alien to the country is prejudicial to the United States.
(D) Alternative country
If an alien is not removed to a country designated under subparagraph (A)(i), the Attorney General shall remove the alien to a
country of which the alien is a subject, national, or citizen unless the government of
the country—
(i) does not inform the Attorney General
or the alien finally, within 30 days after
the date the Attorney General first inquires or within another period of time the
Attorney General decides is reasonable,
whether the government will accept the
alien into the country; or
(ii) is not willing to accept the alien into
the country.
(E) Additional removal countries
If an alien is not removed to a country
under the previous subparagraphs of this
paragraph, the Attorney General shall remove the alien to any of the following countries:
(i) The country from which the alien was
admitted to the United States.
(ii) The country in which is located the
foreign port from which the alien left for
the United States or for a foreign territory
contiguous to the United States.
(iii) A country in which the alien resided
before the alien entered the country from
which the alien entered the United States.
(iv) The country in which the alien was
born.
(v) The country that had sovereignty
over the alien’s birthplace when the alien
was born.

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TITLE 8—ALIENS AND NATIONALITY

(vi) The country in which the alien’s
birthplace is located when the alien is ordered removed.
(vii) If impracticable, inadvisable, or impossible to remove the alien to each country described in a previous clause of this
subparagraph, another country whose government will accept the alien into that
country.
(F) Removal country when United States is
at war
When the United States is at war and the
Attorney General decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an alien under this subsection because of the war, the Attorney
General may remove the alien—
(i) to the country that is host to a government in exile of the country of which
the alien is a citizen or subject if the government of the host country will permit
the alien’s entry; or
(ii) if the recognized government of the
country of which the alien is a citizen or
subject is not in exile, to a country, or a
political or territorial subdivision of a
country, that is very near the country of
which the alien is a citizen or subject, or,
with the consent of the government of the
country of which the alien is a citizen or
subject, to another country.
(3) Restriction on removal to a country where
alien’s life or freedom would be threatened
(A) In general
Notwithstanding paragraphs (1) and (2),
the Attorney General may not remove an
alien to a country if the Attorney General
decides that the alien’s life or freedom would
be threatened in that country because of the
alien’s race, religion, nationality, membership in a particular social group, or political
opinion.
(B) Exception
Subparagraph (A) does not apply to an
alien deportable under section 1227(a)(4)(D)
of this title or if the Attorney General decides that—
(i) the alien ordered, incited, assisted, or
otherwise participated in the persecution
of an individual because of the individual’s
race, religion, nationality, membership in
a particular social group, or political opinion;
(ii) the alien, having been convicted by a
final judgment of a particularly serious
crime is a danger to the community of the
United States;
(iii) there are serious reasons to believe
that the alien committed a serious nonpolitical crime outside the United States
before the alien arrived in the United
States; or
(iv) there are reasonable grounds to believe that the alien is a danger to the security of the United States.
For purposes of clause (ii), an alien who has
been convicted of an aggravated felony (or
felonies) for which the alien has been sen-

§ 1231

tenced to an aggregate term of imprisonment of at least 5 years shall be considered
to have committed a particularly serious
crime. The previous sentence shall not preclude the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been convicted
of a particularly serious crime. For purposes
of clause (iv), an alien who is described in
section 1227(a)(4)(B) of this title shall be considered to be an alien with respect to whom
there are reasonable grounds for regarding
as a danger to the security of the United
States.
(C) Sustaining burden of proof; credibility
determinations
In determining whether an alien has demonstrated that the alien’s life or freedom
would be threatened for a reason described
in subparagraph (A), the trier of fact shall
determine whether the alien has sustained
the alien’s burden of proof, and shall make
credibility determinations, in the manner
described in clauses (ii) and (iii) of section
1158(b)(1)(B) of this title.
(c) Removal of aliens arriving at port of entry
(1) Vessels and aircraft
An alien arriving at a port of entry of the
United States who is ordered removed either
without a hearing under section 1225(b)(1) or
1225(c) of this title or pursuant to proceedings
under section 1229a of this title initiated at
the time of such alien’s arrival shall be removed immediately on a vessel or aircraft
owned by the owner of the vessel or aircraft on
which the alien arrived in the United States,
unless—
(A) it is impracticable to remove the alien
on one of those vessels or aircraft within a
reasonable time, or
(B) the alien is a stowaway—
(i) who has been ordered removed in accordance with section 1225(a)(1) of this
title,
(ii) who has requested asylum, and
(iii) whose application has not been adjudicated or whose asylum application has
been denied but who has not exhausted all
appeal rights.
(2) Stay of removal
(A) In general
The Attorney General may stay the removal of an alien under this subsection if
the Attorney General decides that—
(i) immediate removal is not practicable
or proper; or
(ii) the alien is needed to testify in the
prosecution of a person for a violation of a
law of the United States or of any State.
(B) Payment of detention costs
During the period an alien is detained because of a stay of removal under subparagraph (A)(ii), the Attorney General may pay
from the appropriation ‘‘Immigration and
Naturalization Service—Salaries and Expenses’’—
(i) the cost of maintenance of the alien;
and

§ 1231

TITLE 8—ALIENS AND NATIONALITY

(ii) a witness fee of $1 a day.
(C) Release during stay
The Attorney General may release an alien
whose removal is stayed under subparagraph
(A)(ii) on—
(i) the alien’s filing a bond of at least
$500 with security approved by the Attorney General;
(ii) condition that the alien appear when
required as a witness and for removal; and
(iii) other conditions the Attorney General may prescribe.
(3) Costs of detention and maintenance pending removal
(A) In general
Except as provided in subparagraph (B)
and subsection (d) 4 of this section, an owner
of a vessel or aircraft bringing an alien to
the United States shall pay the costs of detaining and maintaining the alien—
(i) while the alien is detained under subsection (d)(1) of this section, and
(ii) in the case of an alien who is a stowaway, while the alien is being detained
pursuant to—
(I) subsection (d)(2)(A) or (d)(2)(B)(i) of
this section,
(II) subsection (d)(2)(B)(ii) or (iii) of
this section for the period of time reasonably necessary for the owner to arrange for repatriation or removal of the
stowaway, including obtaining necessary
travel documents, but not to extend beyond the date on which it is ascertained
that such travel documents cannot be
obtained from the country to which the
stowaway is to be returned, or
(III) section 1225(b)(1)(B)(ii) of this
title, for a period not to exceed 15 days
(excluding Saturdays, Sundays, and holidays) commencing on the first such day
which begins on the earlier of 72 hours
after the time of the initial presentation
of the stowaway for inspection or at the
time the stowaway is determined to have
a credible fear of persecution.
(B) Nonapplication
Subparagraph (A) shall not apply if—
(i) the alien is a crewmember;
(ii) the alien has an immigrant visa;
(iii) the alien has a nonimmigrant visa
or other documentation authorizing the
alien to apply for temporary admission to
the United States and applies for admission not later than 120 days after the date
the visa or documentation was issued;
(iv) the alien has a reentry permit and
applies for admission not later than 120
days after the date of the alien’s last inspection and admission;
(v)(I) the alien has a nonimmigrant visa
or other documentation authorizing the
alien to apply for temporary admission to
the United States or a reentry permit;
(II) the alien applies for admission more
than 120 days after the date the visa or
documentation was issued or after the date
4 So

in original. Probably should be subsection ‘‘(e)’’.

Page 280

of the last inspection and admission under
the reentry permit; and
(III) the owner of the vessel or aircraft
satisfies the Attorney General that the existence of the condition relating to inadmissibility could not have been discovered
by exercising reasonable care before the
alien boarded the vessel or aircraft; or
(vi) the individual claims to be a national of the United States and has a
United States passport.
(d) Requirements of persons providing transportation
(1) Removal at time of arrival
An owner, agent, master, commanding officer, person in charge, purser, or consignee of a
vessel or aircraft bringing an alien (except an
alien crewmember) to the United States
shall—
(A) receive an alien back on the vessel or
aircraft or another vessel or aircraft owned
or operated by the same interests if the
alien is ordered removed under this part; and
(B) take the alien to the foreign country to
which the alien is ordered removed.
(2) Alien stowaways
An owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft arriving in the United States with an
alien stowaway—
(A) shall detain the alien on board the vessel or aircraft, or at such place as the Attorney General shall designate, until completion of the inspection of the alien by an immigration officer;
(B) may not permit the stowaway to land
in the United States, except pursuant to regulations of the Attorney General temporarily—
(i) for medical treatment,
(ii) for detention of the stowaway by the
Attorney General, or
(iii) for departure or removal of the
stowaway; and
(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or
aircraft or on another vessel or aircraft.
The Attorney General shall grant a timely request to remove the stowaway under subparagraph (C) on a vessel or aircraft other than
that on which the stowaway arrived if the requester has obtained any travel documents
necessary for departure or repatriation of the
stowaway and removal of the stowaway will
not be unreasonably delayed.
(3) Removal upon order
An owner, agent, master, commanding officer, person in charge, purser, or consignee of a
vessel, aircraft, or other transportation line
shall comply with an order of the Attorney
General to take on board, guard safely, and
transport to the destination specified any
alien ordered to be removed under this chapter.
(e) Payment of expenses of removal
(1) Costs of removal at time of arrival
In the case of an alien who is a stowaway or
who is ordered removed either without a hear-

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TITLE 8—ALIENS AND NATIONALITY

ing under section 1225(a)(1) 5 or 1225(c) of this
title or pursuant to proceedings under section
1229a of this title initiated at the time of such
alien’s arrival, the owner of the vessel or aircraft (if any) on which the alien arrived in the
United States shall pay the transportation
cost of removing the alien. If removal is on a
vessel or aircraft not owned by the owner of
the vessel or aircraft on which the alien arrived in the United States, the Attorney General may—
(A) pay the cost from the appropriation
‘‘Immigration and Naturalization Service—
Salaries and Expenses’’; and
(B) recover the amount of the cost in a
civil action from the owner, agent, or consignee of the vessel or aircraft (if any) on
which the alien arrived in the United States.
(2) Costs of removal to port of removal for
aliens admitted or permitted to land
In the case of an alien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of the alien
to the port of removal shall be at the expense
of the appropriation for the enforcement of
this chapter.
(3) Costs of removal from port of removal for
aliens admitted or permitted to land
(A) Through appropriation
Except as provided in subparagraph (B), in
the case of an alien who has been admitted
or permitted to land and is ordered removed,
the cost (if any) of removal of the alien from
the port of removal shall be at the expense
of the appropriation for the enforcement of
this chapter.
(B) Through owner
(i) In general
In the case of an alien described in
clause (ii), the cost of removal of the alien
from the port of removal may be charged
to any owner of the vessel, aircraft, or
other transportation line by which the
alien came to the United States.
(ii) Aliens described
An alien described in this clause is an
alien who—
(I) is admitted to the United States
(other than lawfully admitted for permanent residence) and is ordered removed
within 5 years of the date of admission
based on a ground that existed before or
at the time of admission, or
(II) is an alien crewman permitted to
land temporarily under section 1282 of
this title and is ordered removed within
5 years of the date of landing.
(C) Costs of removal of certain aliens granted
voluntary departure
In the case of an alien who has been granted voluntary departure under section 1229c
of this title and who is financially unable to
depart at the alien’s own expense and whose
removal the Attorney General deems to be
in the best interest of the United States, the
5 So

in original. Probably should be ‘‘1225(b)(1)’’.

§ 1231

expense of such removal may be paid from
the appropriation for the enforcement of
this chapter.
(f) Aliens requiring personal care during removal
(1) In general
If the Attorney General believes that an
alien being removed requires personal care because of the alien’s mental or physical condition, the Attorney General may employ a suitable person for that purpose who shall accompany and care for the alien until the alien arrives at the final destination.
(2) Costs
The costs of providing the service described
in paragraph (1) shall be defrayed in the same
manner as the expense of removing the accompanied alien is defrayed under this section.
(g) Places of detention
(1) In general
The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal. When United States Government facilities are unavailable or facilities adapted or
suitably located for detention are unavailable
for rental, the Attorney General may expend
from the appropriation ‘‘Immigration and Naturalization Service—Salaries and Expenses’’,
without regard to section 6101 of title 41,
amounts necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for immigration officers if not otherwise available) necessary for detention.
(2) Detention facilities of the Immigration and
Naturalization Service
Prior to initiating any project for the construction of any new detention facility for the
Service, the Commissioner shall consider the
availability for purchase or lease of any existing prison, jail, detention center, or other
comparable facility suitable for such use.
(h) Statutory construction
Nothing in this section shall be construed to
create any substantive or procedural right or
benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other person.
(i) Incarceration
(1) If the chief executive officer of a State (or,
if appropriate, a political subdivision of the
State) exercising authority with respect to the
incarceration of an undocumented criminal
alien submits a written request to the Attorney
General, the Attorney General shall, as determined by the Attorney General—
(A) enter into a contractual arrangement
which provides for compensation to the State
or a political subdivision of the State, as may
be appropriate, with respect to the incarceration of the undocumented criminal alien; or
(B) take the undocumented criminal alien
into the custody of the Federal Government
and incarcerate the alien.
(2) Compensation under paragraph (1)(A) shall
be the average cost of incarceration of a pris-

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TITLE 8—ALIENS AND NATIONALITY

oner in the relevant State as determined by the
Attorney General.
(3) For purposes of this subsection, the term
‘‘undocumented criminal alien’’ means an alien
who—
(A) has been convicted of a felony or two or
more misdemeanors; and
(B)(i) entered the United States without inspection or at any time or place other than as
designated by the Attorney General;
(ii) was the subject of exclusion or deportation proceedings at the time he or she was
taken into custody by the State or a political
subdivision of the State; or
(iii) was admitted as a nonimmigrant and at
the time he or she was taken into custody by
the State or a political subdivision of the
State has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the
conditions of any such status.
(4)(A) In carrying out paragraph (1), the Attorney General shall give priority to the Federal
incarceration of undocumented criminal aliens
who have committed aggravated felonies.
(B) The Attorney General shall ensure that
undocumented criminal aliens incarcerated in
Federal facilities pursuant to this subsection
are held in facilities which provide a level of security appropriate to the crimes for which they
were convicted.
(5) There are authorized to be appropriated to
carry out this subsection—
(A) $750,000,000 for fiscal year 2006;
(B) $850,000,000 for fiscal year 2007; and
(C) $950,000,000 for each of the fiscal years
2008 through 2011.
(6) Amounts appropriated pursuant to the authorization of appropriations in paragraph (5)
that are distributed to a State or political subdivision of a State, including a municipality,
may be used only for correctional purposes.
(June 27, 1952, ch. 477, title II, ch. 4, § 241, as
added and amended Pub. L. 104–208, div. C, title
III, §§ 305(a)(3), 306(a)(1), 328(a)(1), Sept. 30, 1996,
110 Stat. 3009–598, 3009–607, 3009–630; Pub. L.
107–273, div. C, title I, § 11014, Nov. 2, 2002, 116
Stat. 1824; Pub. L. 109–13, div. B, title I, § 101(c),
May 11, 2005, 119 Stat. 303; Pub. L. 109–162, title
XI, § 1196(a), (b), Jan. 5, 2006, 119 Stat. 3130.)
REFERENCES IN TEXT
Section 259 of title 42, referred to in subsec. (a)(4)(A),
was repealed by Pub. L. 106–310, div. B, title XXXIV,
§ 3405(a), Oct. 17, 2000, 114 Stat. 1221.
This chapter, referred to in subsecs. (a)(4)(B), (5),
(d)(3), and (e)(2), (3)(A), (C), 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.
CODIFICATION
In subsec. (g)(1), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’
on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124
Stat. 3854, which Act enacted Title 41, Public Contracts.
The text of subsec. (j) of section 1252 of this title,
which was redesignated as subsec. (i) of this section by

Page 282

Pub. L. 104–208, § 306(a)(1), was based on section 242(j) of
act June 27, 1952, ch. 477, title II, ch. 5, as added Sept.
13, 1994, Pub. L. 103–322, title II, § 20301(a), 108 Stat. 1823.
PRIOR PROVISIONS
A prior section 241 of act June 27, 1952, was renumbered section 237, and is classified to section 1227 of this
title.
AMENDMENTS
2006—Subsec. (i)(5). Pub. L. 109–162, § 1196(a), substituted ‘‘appropriated to carry out this subsection—’’
for ‘‘appropriated such sums as may be necessary to
carry out this subsection in fiscal years 2003 and 2004.’’
and added subpars. (A) to (C).
Subsec. (i)(6). Pub. L. 109–162, § 1196(b), amended par.
(6) generally. Prior to amendment, par. (6) read as follows: ‘‘To the extent of available appropriations, funds
otherwise made available under this section with respect to a State (or political subdivision, including a
municipality) for incarceration of an undocumented
criminal alien may, at the discretion of the recipient of
the funds, be used for the costs of imprisonment of such
alien in a State, local, or municipal prison or jail.’’
2005—Subsec. (b)(3)(C). Pub. L. 109–13 added subpar.
(C).
2002—Subsec. (i)(5). Pub. L. 107–273 substituted ‘‘in fiscal years 2003 and 2004’’ for provisions which authorized
specified amounts to be appropriated from the Violent
Crime Reduction Trust Fund for fiscal years 1995 to
2002 as set out in subpars. (A) to (F).
1996—Subsec. (i). Pub. L. 104–208, § 306(a)(1), redesignated subsec. (j) of section 1252 of this title as subsec.
(i) of this section. See Codification note above.
Subsec. (i)(3)(A). Pub. L. 104–208, § 328(a)(1)(A), substituted ‘‘felony or two or more misdemeanors’’ for
‘‘felony and sentenced to a term of imprisonment’’.
Subsec. (i)(6). Pub. L. 104–208, § 328(a)(1)(B), added par.
(6).
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–162, title XI, § 1196(d), as added by Pub. L.
109–271, § 8(n)(6), Aug. 12, 2006, 120 Stat. 768, provided
that: ‘‘The amendments made by subsections (a) and (b)
[amending this section] shall take effect on October 1,
2006.’’
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–13 effective May 11, 2005,
and applicable to applications for asylum, withholding,
or other relief from removal made on or after such
date, see section 101(h)(2) of Pub. L. 109–13, set out as a
note under section 1158 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 306(a)(1) of Pub. L. 104–208 applicable as provided under section 309 of Pub. L. 104–208
(see Effective Date note below), see section 306(c) of
Pub. L. 104–208, as amended, set out as a note under section 1252 of this title.
Section 328(a)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply beginning with fiscal year
1997.’’
EFFECTIVE DATE
Section 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 an Effective Date of 1996
Amendments note under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related

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TITLE 8—ALIENS AND NATIONALITY

references, see note set out under section 1551 of this
title.
UNITED STATES POLICY WITH RESPECT TO INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION
TO TORTURE
Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2242,
Oct. 21, 1998, 112 Stat. 2681–822, provided that:
‘‘(a) POLICY.—It shall be the policy of the United
States not to expel, extradite, or otherwise effect the
involuntary return of any person to a country in which
there are substantial grounds for believing the person
would be in danger of being subjected to torture, regardless of whether the person is physically present in
the United States.
‘‘(b) REGULATIONS.—Not later than 120 days after the
date of enactment of this Act [Oct. 21, 1998], the heads
of the appropriate agencies shall prescribe regulations
to implement the obligations of the United States
under Article 3 of the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment, subject to any
reservations, understandings, declarations, and provisos contained in the United States Senate resolution of
ratification of the Convention.
‘‘(c) EXCLUSION OF CERTAIN ALIENS.—To the maximum extent consistent with the obligations of the
United States under the Convention, subject to any reservations, understandings, declarations, and provisos
contained in the United States Senate resolution of
ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section
241(b)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1231(b)(3)(B)).
‘‘(d) REVIEW AND CONSTRUCTION.—Notwithstanding
any other provision of law, and except as provided in
the regulations described in subsection (b), no court
shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination
made with respect to the application of the policy set
forth in subsection (a), except as part of the review of
a final order of removal pursuant to section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
‘‘(e) AUTHORITY TO DETAIN.—Nothing in this section
shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision
of the Immigration and Nationality Act [8 U.S.C. 1101
et seq.].
‘‘(f) DEFINITIONS.—
‘‘(1) CONVENTION DEFINED.—In this section, the term
‘Convention’ means the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman
or Degrading Treatment or Punishment, done at New
York on December 10, 1984.
‘‘(2) SAME TERMS AS IN THE CONVENTION.—Except as
otherwise provided, the terms used in this section
have the meanings given those terms in the Convention, subject to any reservations, understandings,
declarations, and provisos contained in the United
States Senate resolution of ratification of the Convention.’’
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
PILOT PROGRAM ON USE OF CLOSED MILITARY BASES
FOR DETENTION OF INADMISSIBLE OR DEPORTABLE
ALIENS
Section 387 of div. C of Pub. L. 104–208 provided that:

§ 1232

‘‘(a) ESTABLISHMENT.—The Attorney General and the
Secretary of Defense shall establish one or more pilot
programs for up to 2 years each to determine the feasibility of the use of military bases, available because
of actions under a base closure law, as detention centers by the Immigration and Naturalization Service. In
selecting real property at a military base for use as a
detention center under the pilot program, the Attorney
General and the Secretary shall consult with the redevelopment authority established for the military base
and give substantial deference to the redevelopment
plan prepared for the military base.
‘‘(b) REPORT.—Not later than 30 months after the date
of the enactment of this Act [Sept. 30, 1996], the Attorney General, together with the Secretary of Defense,
shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate,
and the Committees on Armed Services of the House of
Representatives and of the Senate, on the feasibility of
using military bases closed under a base closure law as
detention centers by the Immigration and Naturalization Service.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘base closure law’ means each of the following:
‘‘(1) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note).
‘‘(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public
Law 100–526; 10 U.S.C. 2687 note).
‘‘(3) Section 2687 of title 10, United States Code.
‘‘(4) Any other similar law enacted after the date of
the enactment of this Act [Sept. 30, 1996].’’
INTERIOR REPATRIATION PROGRAM
Section 388 of div. C of Pub. L. 104–208 provided that:
‘‘Not later than 30 months after the date of the enactment of this Act [Sept. 30, 1996], the Attorney General,
in consultation with the Secretary of State, shall submit a report to the Committees on the Judiciary of the
House of Representatives and of the Senate on the operation of the program of interior repatriation developed under section 437 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132) [set
out as a note below].’’
Pub. L. 104–132, title IV, § 437, Apr. 24, 1996, 110 Stat.
1275, provided that: ‘‘Not later than 180 days after the
date of enactment of this Act [Apr. 24, 1996], the Attorney General and the Commissioner of Immigration and
Naturalization shall develop and implement a program
in which aliens who previously have illegally entered
the United States not less than 3 times and are deported or returned to a country contiguous to the
United States will be returned to locations not less
than 500 kilometers from that country’s border with
the United States.’’
TERMINATION OF LIMITATION
Pub. L. 103–322, title II, § 20301(c), Sept. 13, 1994, 108
Stat. 1824, as amended by Pub. L. 104–208, div. C, title
III, § 308(g)(5)(G), Sept. 30, 1996, 110 Stat. 3009–623, provided that notwithstanding subsec. (h)(5) [(i)(5)] of this
section the requirements of subsec. (h) [i] of this section were not to be subject to the availability of appropriations on and after Oct. 1, 2004, prior to repeal by
Pub. L. 109–162, title XI, § 1172(c), Jan. 5, 2006, 119 Stat.
3123.

§ 1232. Enhancing efforts to combat the trafficking of children
(a) Combating child trafficking at the border and
ports of entry of the United States
(1) Policies and procedures
In order to enhance the efforts of the United
States to prevent trafficking in persons, the
Secretary of Homeland Security, in conjunction with the Secretary of State, the Attorney

§ 1232

TITLE 8—ALIENS AND NATIONALITY

General, and the Secretary of Health and
Human Services, shall develop policies and
procedures to ensure that unaccompanied
alien children in the United States are safely
repatriated to their country of nationality or
of last habitual residence.
(2) Special rules for children from contiguous
countries
(A) Determinations
Any unaccompanied alien child who is a
national or habitual resident of a country
that is contiguous with the United States
shall be treated in accordance with subparagraph (B), if the Secretary of Homeland Security determines, on a case-by-case basis,
that—
(i) such child has not been a victim of a
severe form of trafficking in persons, and
there is no credible evidence that such
child is at risk of being trafficked upon return to the child’s country of nationality
or of last habitual residence;
(ii) such child does not have a fear of returning to the child’s country of nationality or of last habitual residence owing to a
credible fear of persecution; and
(iii) the child is able to make an independent decision to withdraw the child’s
application for admission to the United
States.
(B) Return
An immigration officer who finds an unaccompanied alien child described in subparagraph (A) at a land border or port of entry of
the United States and determines that such
child is inadmissible under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.)
may—
(i) permit such child to withdraw the
child’s application for admission pursuant
to section 235(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1225(a)(4)); and
(ii) return such child to the child’s country of nationality or country of last habitual residence.
(C) Contiguous country agreements
The Secretary of State shall negotiate
agreements between the United States and
countries contiguous to the United States
with respect to the repatriation of children.
Such agreements shall be designed to protect children from severe forms of trafficking in persons, and shall, at a minimum, provide that—
(i) no child shall be returned to the
child’s country of nationality or of last habitual residence unless returned to appropriate employees or officials, including
child welfare officials where available, of
the accepting country’s government;
(ii) no child shall be returned to the
child’s country of nationality or of last habitual residence outside of reasonable business hours; and
(iii) border personnel of the countries
that are parties to such agreements are
trained in the terms of such agreements.
(3) Rule for other children
The custody of unaccompanied alien children not described in paragraph (2)(A) who are

Page 284

apprehended at the border of the United
States or at a United States port of entry
shall be treated in accordance with subsection
(b).
(4) Screening
Within 48 hours of the apprehension of a
child who is believed to be described in paragraph (2)(A), but in any event prior to returning such child to the child’s country of nationality or of last habitual residence, the child
shall be screened to determine whether the
child meets the criteria listed in paragraph
(2)(A). If the child does not meet such criteria,
or if no determination can be made within 48
hours of apprehension, the child shall immediately be transferred to the Secretary of
Health and Human Services and treated in accordance with subsection (b). Nothing in this
paragraph may be construed to preclude an
earlier transfer of the child.
(5) Ensuring the safe repatriation of children
(A) Repatriation pilot program
To protect children from trafficking and
exploitation, the Secretary of State shall
create a pilot program, in conjunction with
the Secretary of Health and Human Services
and the Secretary of Homeland Security,
nongovernmental organizations, and other
national and international agencies and experts, to develop and implement best practices to ensure the safe and sustainable repatriation and reintegration of unaccompanied
alien children into their country of nationality or of last habitual residence, including
placement with their families, legal guardians, or other sponsoring agencies.
(B) Assessment of country conditions
The Secretary of Homeland Security shall
consult the Department of State’s Country
Reports on Human Rights Practices and the
Trafficking in Persons Report in assessing
whether to repatriate an unaccompanied
alien child to a particular country.
(C) Report on repatriation of unaccompanied
alien children
Not later than 18 months after December
23, 2008, and annually thereafter, the Secretary of State and the Secretary of Health
and Human Services, with assistance from
the Secretary of Homeland Security, shall
submit a report to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives on efforts to improve repatriation programs for unaccompanied alien children.
Such report shall include—
(i) the number of unaccompanied alien
children ordered removed and the number
of such children actually removed from
the United States;
(ii) a statement of the nationalities,
ages, and gender of such children;
(iii) a description of the policies and procedures used to effect the removal of such
children from the United States and the
steps taken to ensure that such children
were safely and humanely repatriated to
their country of nationality or of last ha-

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TITLE 8—ALIENS AND NATIONALITY

bitual residence, including a description of
the repatriation pilot program created
pursuant to subparagraph (A);
(iv) a description of the type of immigration relief sought and denied to such children;
(v) any information gathered in assessments of country and local conditions pursuant to paragraph (2); and
(vi) statistical information and other
data on unaccompanied alien children as
provided for in section 279(b)(1)(J) of title
6.
(D) Placement in removal proceedings
Any unaccompanied alien child sought to
be removed by the Department of Homeland
Security, except for an unaccompanied alien
child from a contiguous country subject to
exceptions under subsection (a)(2), shall be—
(i) placed in removal proceedings under
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a);
(ii) eligible for relief under section 240B
of such Act (8 U.S.C. 1229c) at no cost to
the child; and
(iii) provided access to counsel in accordance with subsection (c)(5).
(b) Combating child trafficking and exploitation
in the United States
(1) Care and custody of unaccompanied alien
children
Consistent with section 279 of title 6, and except as otherwise provided under subsection
(a), the care and custody of all unaccompanied
alien children, including responsibility for
their detention, where appropriate, shall be
the responsibility of the Secretary of Health
and Human Services.
(2) Notification
Each department or agency of the Federal
Government shall notify the Department of
Health and Human services 1 within 48 hours
upon—
(A) the apprehension or discovery of an unaccompanied alien child; or
(B) any claim or suspicion that an alien in
the custody of such department or agency is
under 18 years of age.
(3) Transfers of unaccompanied alien children
Except in the case of exceptional circumstances, any department or agency of the Federal Government that has an unaccompanied
alien child in custody shall transfer the custody of such child to the Secretary of Health
and Human Services not later than 72 hours
after determining that such child is an unaccompanied alien child.
(4) Age determinations
The Secretary of Health and Human Services, in consultation with the Secretary of
Homeland Security, shall develop procedures
to make a prompt determination of the age of
an alien, which shall be used by the Secretary
of Homeland Security and the Secretary of
Health and Human Services for children in
1 So

in original. Probably should be capitalized.

§ 1232

their respective custody. At a minimum, these
procedures shall take into account multiple
forms of evidence, including the non-exclusive
use of radiographs, to determine the age of the
unaccompanied alien.
(c) Providing safe and secure placements for
children
(1) Policies and programs
The Secretary of Health and Human Services, Secretary of Homeland Security, Attorney General, and Secretary of State shall establish policies and programs to ensure that
unaccompanied alien children in the United
States are protected from traffickers and
other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity, including policies
and programs reflecting best practices in witness security programs.
(2) Safe and secure placements
Subject to section 279(b)(2) of title 6, an unaccompanied alien child in the custody of the
Secretary of Health and Human Services shall
be promptly placed in the least restrictive setting that is in the best interest of the child. In
making such placements, the Secretary may
consider danger to self, danger to the community, and risk of flight. Placement of child
trafficking victims may include placement in
an Unaccompanied Refugee Minor program,
pursuant to section 412(d) of the Immigration
and Nationality Act (8 U.S.C. 1522(d)), if a suitable family member is not available to provide
care. A child shall not be placed in a secure facility absent a determination that the child
poses a danger to self or others or has been
charged with having committed a criminal offense. The placement of a child in a secure facility shall be reviewed, at a minimum, on a
monthly basis, in accordance with procedures
prescribed by the Secretary, to determine if
such placement remains warranted.
(3) Safety and suitability assessments
(A) In general
Subject to the requirements of subparagraph (B), an unaccompanied alien child
may not be placed with a person or entity
unless the Secretary of Health and Human
Services makes a determination that the
proposed custodian is capable of providing
for the child’s physical and mental wellbeing. Such determination shall, at a minimum, include verification of the custodian’s
identity and relationship to the child, if any,
as well as an independent finding that the
individual has not engaged in any activity
that would indicate a potential risk to the
child.
(B) Home studies
Before placing the child with an individual, the Secretary of Health and Human
Services shall determine whether a home
study is first necessary. A home study shall
be conducted for a child who is a victim of
a severe form of trafficking in persons, a
special needs child with a disability (as defined in section 12102 of title 42), a child who
has been a victim of physical or sexual abuse

§ 1232

TITLE 8—ALIENS AND NATIONALITY

under circumstances that indicate that the
child’s health or welfare has been significantly harmed or threatened, or a child
whose proposed sponsor clearly presents a
risk of abuse, maltreatment, exploitation, or
trafficking to the child based on all available objective evidence. The Secretary of
Health and Human Services shall conduct
follow-up services, during the pendency of
removal proceedings, on children for whom a
home study was conducted and is authorized
to conduct follow-up services in cases involving children with mental health or other
needs who could benefit from ongoing assistance from a social welfare agency.
(C) Access to information
Not later than 2 weeks after receiving a request from the Secretary of Health and
Human Services, the Secretary of Homeland
Security shall provide information necessary to conduct suitability assessments
from appropriate Federal, State, and local
law enforcement and immigration databases.
(4) Legal orientation presentations
The Secretary of Health and Human Services shall cooperate with the Executive Office
for Immigration Review to ensure that custodians receive legal orientation presentations
provided through the Legal Orientation Program administered by the Executive Office for
Immigration Review. At a minimum, such
presentations shall address the custodian’s responsibility to attempt to ensure the child’s
appearance at all immigration proceedings
and to protect the child from mistreatment,
exploitation, and trafficking.
(5) Access to counsel
The Secretary of Health and Human Services shall ensure, to the greatest extent practicable and consistent with section 292 of the
Immigration and Nationality Act (8 U.S.C.
1362), that all unaccompanied alien children
who are or have been in the custody of the
Secretary or the Secretary of Homeland Security, and who are not described in subsection
(a)(2)(A), have counsel to represent them in
legal proceedings or matters and protect them
from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the
Secretary of Health and Human Services shall
make every effort to utilize the services of pro
bono counsel who agree to provide representation to such children without charge.
(6) Child advocates
The Secretary of Health and Human Services is authorized to appoint independent child
advocates for child trafficking victims and
other vulnerable unaccompanied alien children. A child advocate shall be provided access
to materials necessary to effectively advocate
for the best interest of the child. The child advocate shall not be compelled to testify or provide evidence in any proceeding concerning
any information or opinion received from the
child in the course of serving as a child advocate. The child advocate shall be presumed to
be acting in good faith and be immune from
civil and criminal liability for lawful conduct
of duties as described in this provision.

Page 286

(d) Permanent protection for certain at-risk children
(1) Omitted
(2) Expeditious adjudication
All applications for special immigrant
status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)) shall be adjudicated by the Secretary of Homeland Security not later than 180
days after the date on which the application is
filed.
(3) Omitted
(4) Eligibility for assistance
(A) In general
A child who has been granted special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)) and who was either in
the custody of the Secretary of Health and
Human Services at the time a dependency
order was granted for such child or who was
receiving services pursuant to section 501(a)
of the Refugee Education Assistance Act of
1980 (8 U.S.C. 1522 note) at the time such dependency order was granted, shall be eligible
for placement and services under section
412(d) of the Immigration and Nationality
Act (8 U.S.C. 1522(d)) until the earlier of—
(i) the date on which the child reaches
the age designated in section 412(d)(2)(B) of
the Immigration and Nationality Act (8
U.S.C. 1522(d)(2)(B)); or
(ii) the date on which the child is placed
in a permanent adoptive home.
(B) State reimbursement
Subject to the availability of appropriations, if State foster care funds are expended
on behalf of a child who is not described in
subparagraph (A) and has been granted special
immigrant
status
under
section
101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), the Federal
Government shall reimburse the State in
which the child resides for such expenditures
by the State.
(5) State courts acting in loco parentis
A department or agency of a State, or an individual or entity appointed by a State court
or juvenile court located in the United States,
acting in loco parentis, shall not be considered
a legal guardian for purposes of this section or
section 279 of title 6.
(6) Transition rule
Notwithstanding any other provision of law,
an alien described in section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)), as amended by paragraph (1),
may not be denied special immigrant status
under such section after December 23, 2008,
based on age if the alien was a child on the
date on which the alien applied for such
status.
(7) Omitted
(8) Specialized needs of unaccompanied alien
children
Applications for asylum and other forms of
relief from removal in which an unaccom-

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panied alien child is the principal applicant
shall be governed by regulations which take
into account the specialized needs of unaccompanied alien children and which address both
procedural and substantive aspects of handling
unaccompanied alien children’s cases.
(e) Training
The Secretary of State, the Secretary of
Homeland Security, the Secretary of Health and
Human Services, and the Attorney General shall
provide specialized training to all Federal personnel, and upon request, state 1 and local personnel, who have substantive contact with unaccompanied alien children. Such personnel shall
be trained to work with unaccompanied alien
children, including identifying children who are
victims of severe forms of trafficking in persons,
and children for whom asylum or special immigrant relief may be appropriate, including children described in subsection (a)(2).
(f) Omitted
(g) Definition of unaccompanied alien child
For purposes of this section, the term ‘‘unaccompanied alien child’’ has the meaning given
such term in section 279(g) of title 6.
(h) Effective date
This section—
(1) shall take effect on the date that is 90
days after December 23, 2008; and
(2) shall also apply to all aliens in the
United States in pending proceedings before
the Department of Homeland Security or the
Executive Office for Immigration Review, or
related administrative or Federal appeals, on
December 23, 2008.
(i) Grants and contracts
The Secretary of Health and Human Services
may award grants to, and enter into contracts
with, voluntary agencies to carry out this section and section 279 of title 6.
(Pub. L. 110–457, title II, § 235, Dec. 23, 2008, 122
Stat. 5074.)
REFERENCES IN TEXT
The Immigration and Nationality Act, referred to in
subsec. (a)(2)(B), is act June 27, 1952, ch. 477, 66 Stat.
163, 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 is comprised of section 235 of Pub. L. 110–457.
Pars. (1), (3), and (7) of section 235(d) of Pub. L. 110–457
amended sections 1101, 1255, and 1158 of this title, respectively. Section 235(f) of Pub. L. 110–457 amended
section 279 of Title 6, Domestic Security.
Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and not as part of the Immigration and Nationality Act which comprises this chapter.

PART V—ADJUSTMENT AND CHANGE OF STATUS
§ 1251. Transferred
CODIFICATION
Section 1251, act June 27, 1952, ch. 477, title II, ch. 5,
§ 241, 66 Stat. 204, as amended, which related to deport-

§ 1252

able aliens, was renumbered section 237 of ch. 4 of title
II of act June 27, 1952, by Pub. L. 104–208, div. C, title
III, § 305(a)(2), Sept. 30, 1996, 110 Stat. 3009–598, and was
transferred to section 1227 of this title.

§ 1251a. Repealed. Pub. L. 87–301, § 24(a)(3), Sept.
26, 1961, 75 Stat. 657
Section, Pub. L. 85–316, § 7, Sept. 11, 1957, 71 Stat. 640,
excepted spouse, child or parent of a United States citizen, and aliens admitted between Dec. 22, 1945, and Nov.
1, 1954, inclusive, who misrepresented their nationality,
place of birth, identity or residence, provided this latter group did so misrepresent because of fear of persecution because of race, religion or politics if repatriated and not to evade quota restrictions, or an investigation of themselves, from the deportation provisions
of section 1251 of this title which declared excludable,
those aliens who sought to procure or procured entry
into the United States by fraud and misrepresentation,
or who were not of the nationality specified in their
visas, and authorized the admission, after Sept. 11, 1957,
of any alien spouse, parent or child of a United States
citizen or of an alien admitted for permanent residence
who sought, or had procured fraudulent entry into the
United States or admitted committing perjury in connection therewith, if otherwise admissible and the Attorney General consented. See section 1182(h) of this
title.

§ 1252. Judicial review of orders of removal
(a) Applicable provisions
(1) General orders of removal
Judicial review of a final order of removal
(other than an order of removal without a
hearing pursuant to section 1225(b)(1) of this
title) is governed only by chapter 158 of title
28, except as provided in subsection (b) of this
section and except that the court may not
order the taking of additional evidence under
section 2347(c) of such title.
(2) Matters not subject to judicial review
(A) Review relating to section 1225(b)(1)
Notwithstanding any other provision of
law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas
corpus provision, and sections 1361 and 1651
of such title, no court shall have jurisdiction
to review—
(i) except as provided in subsection (e) of
this section, any individual determination
or to entertain any other cause or claim
arising from or relating to the implementation or operation of an order of removal
pursuant to section 1225(b)(1) of this title,
(ii) except as provided in subsection (e)
of this section, a decision by the Attorney
General to invoke the provisions of such
section,
(iii) the application of such section to individual aliens, including the determination made under section 1225(b)(1)(B) of
this title, or
(iv) except as provided in subsection (e)
of this section, procedures and policies
adopted by the Attorney General to implement the provisions of section 1225(b)(1) of
this title.
(B) Denials of discretionary relief
Notwithstanding any other provision of
law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas

§ 1252

TITLE 8—ALIENS AND NATIONALITY

corpus provision, and sections 1361 and 1651
of such title, and except as provided in subparagraph (D), and regardless of whether the
judgment, decision, or action is made in removal proceedings, no court shall have jurisdiction to review—
(i) any judgment regarding the granting
of relief under section 1182(h), 1182(i), 1229b,
1229c, or 1255 of this title, or
(ii) any other decision or action of the
Attorney General or the Secretary of
Homeland Security the authority for
which is specified under this subchapter to
be in the discretion of the Attorney General or the Secretary of Homeland Security, other than the granting of relief
under section 1158(a) of this title.
(C) Orders against criminal aliens
Notwithstanding any other provision of
law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas
corpus provision, and sections 1361 and 1651
of such title, and except as provided in subparagraph (D), no court shall have jurisdiction to review any final order of removal
against an alien who is removable by reason
of having committed a criminal offense covered in section 1182(a)(2) or 1227(a)(2)(A)(iii),
(B), (C), or (D) of this title, or any offense
covered by section 1227(a)(2)(A)(ii) of this
title for which both predicate offenses are,
without regard to their date of commission,
otherwise covered by section 1227(a)(2)(A)(i)
of this title.
(D) Judicial review of certain legal claims
Nothing in subparagraph (B) or (C), or in
any other provision of this chapter (other
than this section) which limits or eliminates
judicial review, shall be construed as precluding review of constitutional claims or
questions of law raised upon a petition for
review filed with an appropriate court of appeals in accordance with this section.
(3) Treatment of certain decisions
No alien shall have a right to appeal from a
decision of an immigration judge which is
based solely on a certification described in
section 1229a(c)(1)(B) of this title.
(4) Claims under the United Nations Convention
Notwithstanding any other provision of law
(statutory or nonstatutory), including section
2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title,
a petition for review filed with an appropriate
court of appeals in accordance with this section shall be the sole and exclusive means for
judicial review of any cause or claim under the
United Nations Convention Against Torture
and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, except as
provided in subsection (e) of this section.
(5) Exclusive means of review
Notwithstanding any other provision of law
(statutory or nonstatutory), including section
2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title,
a petition for review filed with an appropriate

Page 288

court of appeals in accordance with this section shall be the sole and exclusive means for
judicial review of an order of removal entered
or issued under any provision of this chapter,
except as provided in subsection (e) of this section. For purposes of this chapter, in every
provision that limits or eliminates judicial review or jurisdiction to review, the terms ‘‘judicial review’’ and ‘‘jurisdiction to review’’ include habeas corpus review pursuant to section 2241 of title 28, or any other habeas corpus
provision, sections 1361 and 1651 of such title,
and review pursuant to any other provision of
law (statutory or nonstatutory).
(b) Requirements for review of orders of removal
With respect to review of an order of removal
under subsection (a)(1) of this section, the following requirements apply:
(1) Deadline
The petition for review must be filed not
later than 30 days after the date of the final
order of removal.
(2) Venue and forms
The petition for review shall be filed with
the court of appeals for the judicial circuit in
which the immigration judge completed the
proceedings. The record and briefs do not have
to be printed. The court of appeals shall review the proceeding on a typewritten record
and on typewritten briefs.
(3) Service
(A) In general
The respondent is the Attorney General.
The petition shall be served on the Attorney
General and on the officer or employee of
the Service in charge of the Service district
in which the final order of removal under
section 1229a of this title was entered.
(B) Stay of order
Service of the petition on the officer or
employee does not stay the removal of an
alien pending the court’s decision on the petition, unless the court orders otherwise.
(C) Alien’s brief
The alien shall serve and file a brief in
connection with a petition for judicial review not later than 40 days after the date on
which the administrative record is available,
and may serve and file a reply brief not later
than 14 days after service of the brief of the
Attorney General, and the court may not extend these deadlines except upon motion for
good cause shown. If an alien fails to file a
brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result.
(4) Scope and standard for review
Except as provided in paragraph (5)(B)—
(A) the court of appeals shall decide the
petition only on the administrative record
on which the order of removal is based,
(B) the administrative findings of fact are
conclusive unless any reasonable adjudicator
would be compelled to conclude to the contrary,
(C) a decision that an alien is not eligible
for admission to the United States is conclusive unless manifestly contrary to law, and

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TITLE 8—ALIENS AND NATIONALITY

tial, and probative evidence on the record
considered as a whole; or
(ii) a genuine issue of material fact
about the defendant’s nationality is presented, the court shall hold a new hearing
on the nationality claim and decide that
claim as if an action had been brought
under section 2201 of title 28.

(D) the Attorney General’s discretionary
judgment whether to grant relief under section 1158(a) of this title shall be conclusive
unless manifestly contrary to the law and an
abuse of discretion.
No court shall reverse a determination made
by a trier of fact with respect to the availability of corroborating evidence, as described in
section
1158(b)(1)(B),
1229a(c)(4)(B),
or
1231(b)(3)(C) of this title, unless the court
finds, pursuant to subsection (b)(4)(B) of this
section, that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable.
(5) Treatment of nationality claims
(A) Court determination if no issue of fact
If the petitioner claims to be a national of
the United States and the court of appeals
finds from the pleadings and affidavits that
no genuine issue of material fact about the
petitioner’s nationality is presented, the
court shall decide the nationality claim.
(B) Transfer if issue of fact
If the petitioner claims to be a national of
the United States and the court of appeals
finds that a genuine issue of material fact
about the petitioner’s nationality is presented, the court shall transfer the proceeding to the district court of the United States
for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim
as if an action had been brought in the district court under section 2201 of title 28.
(C) Limitation on determination
The petitioner may have such nationality
claim decided only as provided in this paragraph.
(6) Consolidation with review of motions to reopen or reconsider
When a petitioner seeks review of an order
under this section, any review sought of a motion to reopen or reconsider the order shall be
consolidated with the review of the order.
(7) Challenge to validity of orders in certain
criminal proceedings
(A) In general
If the validity of an order of removal has
not been judicially decided, a defendant in a
criminal proceeding charged with violating
section 1253(a) of this title may challenge
the validity of the order in the criminal proceeding only by filing a separate motion before trial. The district court, without a jury,
shall decide the motion before trial.
(B) Claims of United States nationality
If the defendant claims in the motion to be
a national of the United States and the district court finds that—
(i) no genuine issue of material fact
about the defendant’s nationality is presented, the court shall decide the motion
only on the administrative record on
which the removal order is based and the
administrative findings of fact are conclusive if supported by reasonable, substan-

§ 1252

The defendant may have such nationality
claim decided only as provided in this subparagraph.
(C) Consequence of invalidation
If the district court rules that the removal
order is invalid, the court shall dismiss the
indictment for violation of section 1253(a) of
this title. The United States Government
may appeal the dismissal to the court of appeals for the appropriate circuit within 30
days after the date of the dismissal.
(D) Limitation on filing petitions for review
The defendant in a criminal proceeding
under section 1253(a) of this title may not
file a petition for review under subsection
(a) of this section during the criminal proceeding.
(8) Construction
This subsection—
(A) does not prevent the Attorney General,
after a final order of removal has been issued, from detaining the alien under section
1231(a) of this title;
(B) does not relieve the alien from complying with section 1231(a)(4) of this title and
section 1253(g) 1 of this title; and
(C) does not require the Attorney General
to defer removal of the alien.
(9) Consolidation of questions for judicial review
Judicial review of all questions of law and
fact, including interpretation and application
of constitutional and statutory provisions,
arising from any action taken or proceeding
brought to remove an alien from the United
States under this subchapter shall be available
only in judicial review of a final order under
this section. Except as otherwise provided in
this section, no court shall have jurisdiction,
by habeas corpus under section 2241 of title 28
or any other habeas corpus provision, by section 1361 or 1651 of such title, or by any other
provision of law (statutory or nonstatutory),
to review such an order or such questions of
law or fact.
(c) Requirements for petition
A petition for review or for habeas corpus of
an order of removal—
(1) shall attach a copy of such order, and
(2) shall state whether a court has upheld
the validity of the order, and, if so, shall state
the name of the court, the date of the court’s
ruling, and the kind of proceeding.
(d) Review of final orders
A court may review a final order of removal
only if—
1 See

References in Text note below.

§ 1252

TITLE 8—ALIENS AND NATIONALITY

(1) the alien has exhausted all administrative remedies available to the alien as of right,
and
(2) another court has not decided the validity of the order, unless the reviewing court
finds that the petition presents grounds that
could not have been presented in the prior judicial proceeding or that the remedy provided
by the prior proceeding was inadequate or ineffective to test the validity of the order.
(e) Judicial review of orders under section
1225(b)(1)
(1) Limitations on relief
Without regard to the nature of the action
or claim and without regard to the identity of
the party or parties bringing the action, no
court may—
(A) enter declaratory, injunctive, or other
equitable relief in any action pertaining to
an order to exclude an alien in accordance
with section 1225(b)(1) of this title except as
specifically authorized in a subsequent paragraph of this subsection, or
(B) certify a class under Rule 23 of the
Federal Rules of Civil Procedure in any action for which judicial review is authorized
under a subsequent paragraph of this subsection.
(2) Habeas corpus proceedings
Judicial review of any determination made
under section 1225(b)(1) of this title is available in habeas corpus proceedings, but shall be
limited to determinations of—
(A) whether the petitioner is an alien,
(B) whether the petitioner was ordered removed under such section, and
(C) whether the petitioner can prove by a
preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence, has been admitted as a
refugee under section 1157 of this title, or
has been granted asylum under section 1158
of this title, such status not having been terminated, and is entitled to such further inquiry as prescribed by the Attorney General
pursuant to section 1225(b)(1)(C) of this title.
(3) Challenges on validity of the system
(A) In general
Judicial review of determinations under
section 1225(b) of this title and its implementation is available in an action instituted in
the United States District Court for the District of Columbia, but shall be limited to determinations of—
(i) whether such section, or any regulation issued to implement such section, is
constitutional; or
(ii) whether such a regulation, or a written policy directive, written policy guideline, or written procedure issued by or
under the authority of the Attorney General to implement such section, is not consistent with applicable provisions of this
subchapter or is otherwise in violation of
law.
(B) Deadlines for bringing actions
Any action instituted under this paragraph must be filed no later than 60 days

Page 290

after the date the challenged section, regulation, directive, guideline, or procedure described in clause (i) or (ii) of subparagraph
(A) is first implemented.
(C) Notice of appeal
A notice of appeal of an order issued by the
District Court under this paragraph may be
filed not later than 30 days after the date of
issuance of such order.
(D) Expeditious consideration of cases
It shall be the duty of the District Court,
the Court of Appeals, and the Supreme Court
of the United States to advance on the docket and to expedite to the greatest possible
extent the disposition of any case considered
under this paragraph.
(4) Decision
In any case where the court determines that
the petitioner—
(A) is an alien who was not ordered removed under section 1225(b)(1) of this title,
or
(B) has demonstrated by a preponderance
of the evidence that the alien is an alien
lawfully admitted for permanent residence,
has been admitted as a refugee under section
1157 of this title, or has been granted asylum
under section 1158 of this title, the court
may order no remedy or relief other than to
require that the petitioner be provided a
hearing in accordance with section 1229a of
this title. Any alien who is provided a hearing under section 1229a of this title pursuant
to this paragraph may thereafter obtain judicial review of any resulting final order of
removal pursuant to subsection (a)(1) of this
section.
(5) Scope of inquiry
In determining whether an alien has been ordered removed under section 1225(b)(1) of this
title, the court’s inquiry shall be limited to
whether such an order in fact was issued and
whether it relates to the petitioner. There
shall be no review of whether the alien is actually inadmissible or entitled to any relief from
removal.
(f) Limit on injunctive relief
(1) In general
Regardless of the nature of the action or
claim or of the identity of the party or parties
bringing the action, no court (other than the
Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of
the provisions of part IV of this subchapter, as
amended by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996,
other than with respect to the application of
such provisions to an individual alien against
whom proceedings under such part have been
initiated.
(2) Particular cases
Notwithstanding any other provision of law,
no court shall enjoin the removal of any alien
pursuant to a final order under this section
unless the alien shows by clear and convincing
evidence that the entry or execution of such
order is prohibited as a matter of law.

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TITLE 8—ALIENS AND NATIONALITY

(g) Exclusive jurisdiction
Except as provided in this section and notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of
title 28, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, no court
shall have jurisdiction to hear any cause or
claim by or on behalf of any alien arising from
the decision or action by the Attorney General
to commence proceedings, adjudicate cases, or
execute removal orders against any alien under
this chapter.
(June 27, 1952, ch. 477, title II, ch. 5, § 242, 66 Stat.
208; Sept. 3, 1954, ch. 1263, § 17, 68 Stat. 1232; Pub.
L. 97–116, § 18(h)(1), Dec. 29, 1981, 95 Stat. 1620;
Pub. L. 98–473, title II, § 220(b), Oct. 12, 1984, 98
Stat. 2028; Pub. L. 99–603, title VII, § 701, Nov. 6,
1986, 100 Stat. 3445; Pub. L. 100–525, § 9(n), Oct. 24,
1988, 102 Stat. 2620; Pub. L. 100–690, title VII,
§ 7343(a), Nov. 18, 1988, 102 Stat. 4470; Pub. L.
101–649, title V, §§ 504(a), 545(e), title VI,
§ 603(b)(2), Nov. 29, 1990, 104 Stat. 5049, 5066, 5085;
Pub. L. 102–232, title III, §§ 306(a)(4), (c)(7),
307(m)(2), 309(b)(9), Dec. 12, 1991, 105 Stat. 1751,
1753, 1757, 1759; Pub. L. 103–322, title II, § 20301(a),
title XIII, § 130001(a), Sept. 13, 1994, 108 Stat. 1823,
2023; Pub. L. 103–416, title II, §§ 219(h), 224(b), Oct.
25, 1994, 108 Stat. 4317, 4324; Pub. L. 104–132, title
IV, §§ 436(a), (b)(1), 438(a), 440(c), (h), Apr. 24, 1996,
110 Stat. 1275, 1277, 1279; Pub. L. 104–208, div. C,
title III, §§ 306(a), (d), 308(g)(10)(H), 371(b)(6),
Sept. 30, 1996, 110 Stat. 3009–607, 3009–612,
3009–625, 3009–645; Pub. L. 109–13, div. B, title I,
§§ 101(e), (f), 106(a), May 11, 2005, 119 Stat. 305,
310.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(2)(D), (5), and
(g), 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 1253 of this title, referred to in subsec.
(b)(8)(B), was amended generally by Pub. L. 104–208, div.
C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612, and,
as so amended, no longer contains a subsec. (g). Provisions similar to those contained in former subsec. (g) of
section 1253 are now contained in subsec. (d) of section
1253.
Rule 23 of the Federal Rules of Civil Procedure, referred to in subsec. (e)(1)(B), is set out in the Appendix
to Title 28, Judiciary and Judicial Procedure.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (f)(1), is
div. C of Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009–546.
For complete classification of this Act to the Code, see
Short Title of 1996 Amendment note set out under section 1101 of this title and Tables.
AMENDMENTS
2005—Subsec. (a)(2)(A). Pub. L. 109–13, § 106(a)(1)(A)(i),
inserted ‘‘(statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title’’ after
‘‘Notwithstanding any other provision of law’’ in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–13, § 106(a)(1)(A)(ii), inserted ‘‘(statutory or nonstatutory), including section
2241 of title 28, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, and except as
provided in subparagraph (D)’’ after ‘‘Notwithstanding
any other provision of law’’ in introductory provisions.

§ 1252

Pub. L. 109–13, § 101(f)(2), inserted ‘‘and regardless of
whether the judgment, decision, or action is made in
removal proceedings,’’ before ‘‘no court shall’’ in introductory provisions.
Subsec. (a)(2)(B)(ii). Pub. L. 109–13, § 101(f)(1), inserted
‘‘or the Secretary of Homeland Security’’ after ‘‘Attorney General’’ in two places.
Subsec. (a)(2)(C). Pub. L. 109–13, § 106(a)(1)(A)(ii), inserted ‘‘(statutory or nonstatutory), including section
2241 of title 28, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, and except as
provided in subparagraph (D)’’ after ‘‘Notwithstanding
any other provision of law’’.
Subsec. (a)(2)(D). Pub. L. 109–13, § 106(a)(1)(A)(iii),
added subpar. (D).
Subsec. (a)(4), (5). Pub. L. 109–13, § 106(a)(1)(B), added
pars. (4) and (5).
Subsec. (b)(4). Pub. L. 109–13, § 101(e), added concluding provisions.
Subsec. (b)(9). Pub. L. 109–13, § 106(a)(2), inserted at
end ‘‘Except as otherwise provided in this section, no
court shall have jurisdiction, by habeas corpus under
section 2241 of title 28 or any other habeas corpus provision, by section 1361 or 1651 of such title, or by any
other provision of law (statutory or nonstatutory), to
review such an order or such questions of law or fact.’’
Subsec. (g). Pub. L. 109–13, § 106(a)(3), inserted ‘‘(statutory or nonstatutory), including section 2241 of title 28,
or any other habeas corpus provision, and sections 1361
and 1651 of such title’’ after ‘‘notwithstanding any
other provision of law’’.
1996—Pub. L. 104–208, § 306(a)(2), amended section generally, substituting subsecs. (a) to (g) relating to judicial review of orders of removal for former subsecs. (a)
to (i) relating to apprehension and deportation of
aliens.
Subsec. (a)(2). Pub. L. 104–132, § 440(c)(2), struck out
subpar. (B) which read as follows: ‘‘The Attorney General may not release from custody any lawfully admitted alien who has been convicted of an aggravated felony, either before or after a determination of deportability, unless the alien demonstrates to the satisfaction of the Attorney General that such alien is not a
threat to the community and that the alien is likely to
appear before any scheduled hearings.’’
Pub. L. 104–132, § 440(c)(1)(C), struck out ‘‘but subject
to subparagraph (B)’’ before ‘‘, the Attorney General
shall not release’’.
Pub. L. 104–132, § 440(c)(1)(B), as amended by Pub. L.
104–208, §§ 306(d), 308(g)(10)(H), substituted ‘‘any criminal offense covered in section 1251(a)(2)(A)(iii), (B), (C),
or (D) of this title, or any offense covered by section
1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of
this title’’ for ‘‘an aggravated felony upon release of
the alien (regardless of whether or not such release is
on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)’’.
Pub. L. 104–132, § 440(c)(1)(A), substituted ‘‘(2) The Attorney’’ for ‘‘(2)(A) The Attorney’’.
Subsec. (b). Pub. L. 104–208, § 371(b)(6), substituted
‘‘An immigration judge’’ for ‘‘A special inquiry officer’’, ‘‘an immigration judge’’ for ‘‘a special inquiry officer’’ in two places, and ‘‘immigration judge’’ for ‘‘special inquiry officer’’ wherever appearing.
Pub. L. 104–132, § 436(a), inserted before period at end
of second sentence ‘‘; except that nothing in this subsection shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media
(with the consent of the alien) or, where waived or
agreed to by the parties, in the absence of the alien’’.
Subsec. (c)(1). Pub. L. 104–132, § 440(h)(1), designated
existing provisions of subsec. (c) as par. (1) and substituted ‘‘Subject to paragraph (2), when a final order’’
for ‘‘When a final order’’.
Subsec. (c)(2). Pub. L. 104–132, § 440(h)(2), as amended
by Pub. L. 104–208, §§ 306(d), 308(g)(10)(H), added par. (2).
Subsec. (h). Pub. L. 104–132, § 438(a), amended subsec.
(h) generally, restating prior single par. as par. (1) and

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TITLE 8—ALIENS AND NATIONALITY

adding pars. (2) and (3) authorizing the Attorney General to deport an alien prior to the completion of a sentence of imprisonment and requiring notice to deported
aliens of penalties for reentry.
Subsec. (i). Pub. L. 104–132, § 436(b)(1), inserted at end
‘‘Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that
is legally enforceable by any party against the United
States or its agencies or officers or any other person.’’
Subsec. (j). Pub. L. 104–208, § 306(a)(1), redesignated
subsec. (j) as subsec. (i) of section 1231 of this title.
1994—Subsec. (b). Pub. L. 103–416, § 224(b), substituted
‘‘Except as provided in section 1252a(d) of this title,
the’’ for ‘‘The’’ in ninth sentence.
Subsec. (e). Pub. L. 103–322, § 130001(a), struck out
‘‘paragraph (2), (3), or (4) of’’ before ‘‘section 1251(a) of
this title’’ and substituted ‘‘shall be imprisoned not
more than four years, or shall be imprisoned not more
than ten years if the alien is a member of any of the
classes described in paragraph (1)(E), (2), (3), or (4) of
section 1251(a) of this title.’’ for ‘‘shall be imprisoned
not more than ten years’’.
Subsec. (h). Pub. L. 103–416, § 219(h), substituted ‘‘Parole,’’ for ‘‘Parole,,’’.
Subsec. (j). Pub. L. 103–322, § 20301(a), added subsec.
(j).
1991—Subsec. (a)(2)(B). Pub. L. 102–232, § 306(a)(4),
amended subpar. (B) generally. Prior to amendment,
subpar. (B) read as follows: ‘‘The Attorney General
shall release from custody an alien who is lawfully admitted for permanent residence on bond or such other
conditions as the Attorney General may prescribe if
the Attorney General determines that the alien is not
a threat to the community and that the alien is likely
to appear before any scheduled hearings.’’
Subsec. (b). Pub. L. 102–232, § 306(c)(7), amended eighth
sentence generally, substituting ‘‘Such regulations
shall include requirements that are consistent with
section 1252b of this title and that provide that—’’ and
pars. (1) to (4) for ‘‘Such regulations shall include requirements consistent with section 1252b of this title.’’
Subsec. (e). Pub. L. 102–232, § 307(m)(2), substituted
‘‘paragraph (2), (3), or (4)’’ for ‘‘paragraphs (4), (5), (6),
(7), (11), (12), (14), (15), (16), (17), (18), or (19)’’.
Subsec. (h). Pub. L. 102–232, § 309(b)(9), inserted a
comma after ‘‘Parole’’.
1990—Subsec. (a)(2). Pub. L. 101–649, § 504(a), designated existing text as subpar. (A), substituted ‘‘upon
release of the alien (regardless of whether or not such
release is on parole, supervised release, or probation,
and regardless of the possibility of rearrest or further
confinement in respect of the same offense)’’ for ‘‘upon
completion of the alien’s sentence for such conviction’’
and ‘‘Notwithstanding paragraph (1) or subsections (c)
and (d) of this section but subject to subparagraph (B)’’
for ‘‘Notwithstanding subsection (a) of this section’’,
and added subpar. (B).
Subsec. (b). Pub. L. 101–649, § 603(b)(2)(A), substituted
‘‘(2), (3), or (4)’’ for ‘‘(4), (5), (6), (7), (11), (12), (14), (15),
(16), (17), (18), or (19)’’.
Pub. L. 101–649, § 545(e), amended eighth sentence generally. Prior to amendment, eighth sentence read as
follows: ‘‘Such regulations shall include requirements
that—
‘‘(1) the alien shall be given notice, reasonable
under all the circumstances, of the nature of the
charges against him and of the time and place at
which the proceedings will be held;
‘‘(2) the alien shall have the privilege of being represented (at no expense to the Government) by such
counsel, authorized to practice in such proceedings,
as he shall choose;
‘‘(3) the alien shall have a reasonable opportunity
to examine the evidence against him, to present evidence in his own behalf, and to cross-examine witnesses presented by the Government; and
‘‘(4) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.’’
Subsec. (e). Pub. L. 101–649, § 603(b)(2)(B), which directed the substitution of ‘‘paragraph (2), (3) or (4)’’ for

Page 292

‘‘paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17),
(18), or (19)’’, could not be executed because the quoted
language differed from the text. See 1991 Amendment
note above.
1988—Subsec. (a). Pub. L. 100–690 designated existing
provisions as par. (1), substituted ‘‘Except as provided
in paragraph (2), any’’ for ‘‘Any’’, redesignated cls. (1)
to (3) as (A) to (C), respectively, and added pars. (2) and
(3).
Subsec. (e). Pub. L. 100–525 struck out ‘‘or from September 23, 1950, whichever is the later,’’ after ‘‘from the
date of the final order of the court,’’.
1986—Subsec. (i). Pub. L. 99–603 added subsec. (i).
1984—Subsec. (h). Pub. L. 98–473, which directed that
‘‘supervised release,’’ be inserted after ‘‘parole,’’, was
executed by inserting ‘‘supervised release,’’ after ‘‘Parole,’’ to reflect the probable intent of Congress.
1981—Subsec. (b). Pub. L. 97–116, § 18(h)(1)(A), substituted ‘‘(18), or (19)’’ for ‘‘or (18)’’ in provision following par. (4).
Subsec. (e). Pub. L. 97–116, § 18(h)(1)(B), substituted
‘‘(18), or (19)’’ for ‘‘or (18)’’.
1954—Subsec. (d). Act Sept. 3, 1954, struck out ‘‘shall
upon conviction be guilty of a felony.’’
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, title I, § 101(h)(3), (4), May 11,
2005, 119 Stat. 305, 306, provided that:
‘‘(3) The amendment made by subsection (e) [amending this section] shall take effect on the date of the enactment of this division [May 11, 2005] and shall apply
to all cases in which the final administrative removal
order is or was issued before, on, or after such date.
‘‘(4) The amendments made by subsection (f) [amending this section] shall take effect on the date of the enactment of this division [May 11, 2005] and shall apply
to all cases pending before any court on or after such
date.’’
Pub. L. 109–13, div. B, title I, § 106(b), May 11, 2005, 119
Stat. 311, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall take effect
upon the date of the enactment of this division [May 11,
2005] and shall apply to cases in which the final administrative order of removal, deportation, or exclusion
was issued before, on, or after the date of the enactment of this division.’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 306(c) of div. C of Pub. L. 104–208, as amended
by Pub. L. 104–302, § 2(1), Oct. 11, 1996, 110 Stat. 3657, provided that:
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
amendments made by subsections (a) and (b) [amending
this section and section 1231 of this title and repealing
section 1105a of this title] shall apply as provided under
section 309 [8 U.S.C. 1101 note], except that subsection
(g) of section 242 of the Immigration and Nationality
Act [8 U.S.C. 1252(g)] (as added by subsection (a)), shall
apply without limitation to claims arising from all
past, pending, or future exclusion, deportation, or removal proceedings under such Act [8 U.S.C. 1101 et
seq.].
‘‘(2) LIMITATION.—Paragraph (1) shall not be considered to invalidate or to require the reconsideration of
any judgment or order entered under section 106 of the
Immigration and Nationality Act [former 8 U.S.C.
1105a], as amended by section 440 of Public Law
104–132.’’
[Section 2 of Pub. L. 104–302 provided that the amendment made by that section to section 306(c)(1) of Pub.
L. 104–208, set out above, is effective Sept. 30, 1996.]
Section 306(d) of div. C of Pub. L. 104–208 provided
that the amendment made by that section is effective
as if included in the enactment of the Antiterrorism
and Effective Death Penalty Act of 1996, Pub. L. 104–132.
Amendment by section 308(g)(10)(H) 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.

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Amendment by section 371(b)(6) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, set out as a note under section 1101 of this title.
For delayed effective date of amendment by section
440(c) of Pub. L. 104–132, see section 303(b)(2) of Pub. L.
104–208, set out as a note under section 1226 of this title.
Section 436(b)(3) of Pub. L. 104–132 provided that:
‘‘The amendments made by this subsection [amending
this section and provisions set out as a note under section 1101 of this title] shall take effect as if included in
the enactment of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103–416).’’
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by section 219(h) of Pub. L. 103–416 effective as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub.
L. 103–416, set out as a note under section 1101 of this
title.
Section 224(c) of Pub. L. 103–416 provided that: ‘‘The
amendments made by this section [amending this section and section 1252a of this title] shall apply to all
aliens whose adjudication of guilt or guilty plea is entered in the record after the date of enactment of this
Act [Oct. 25, 1994].’’
Section 20301(b) of Pub. L. 103–322 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect October 1, 1994.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 306(a)(4), (c)(7) 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.
Section 307(m)(2) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 603(b) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 504(c) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this section [amending this section and section 1226 of this title] shall take effect on
the date of the enactment of this Act [Nov. 29, 1990].’’
Section 545(g) of Pub. L. 101–649, as amended by Pub.
L. 104–208, div. C, title III, § 308(b)(6)(B), Sept. 30, 1996,
110 Stat. 3009–623, provided that:
‘‘(1) NOTICE-RELATED PROVISIONS.—
‘‘(A) Subsections (a), (b), (c), and (e)(1) of section
242B of the Immigration and Nationality Act [former
8 U.S.C. 1252b(a), (b), (c) and (e)(1)] (as inserted by the
amendment made by subsection (a)), and the amendment made by subsection (e) [amending this section],
shall be effective on a date specified by the Attorney
General in the certification described in subparagraph (B), which date may not be earlier than 6
months after the date of such certification.
‘‘(B) The Attorney General shall certify to the Congress when the central address file system (described
in section 239(a)(4) [probably means 239(a)(3)] of the
Immigration and Nationality Act) [8 U.S.C. 1229(a)(3)]
has been established.
‘‘(C) The Comptroller General shall submit to Congress, within 3 months after the date of the Attorney
General’s certification under subparagraph (B), a report on the adequacy of such system.
‘‘(2) CERTAIN LIMITS ON DISCRETIONARY RELIEF; SANCTIONS FOR FRIVOLOUS BEHAVIOR.—Subsections (d), (e)(2),
and (e)(3) of section 242B of the Immigration and Nationality Act (as inserted by the amendment made by
subsection (a)) shall be effective on the date of the enactment of this Act [Nov. 29, 1990].
‘‘(3) LIMITS ON DISCRETIONARY RELIEF FOR FAILURE TO
APPEAR IN ASYLUM HEARING.—Subsection (e)(4) of section 242B of the Immigration and Nationality Act (as
inserted by the amendment made by subsection (a))
shall be effective on February 1, 1991.
‘‘(4) CONSOLIDATION OF RELIEF IN JUDICIAL REVIEW.—
The amendments made by subsection (b) [amending

§ 1252

section 1105a of this title] shall apply to final orders of
deportation entered on or after January 1, 1991.’’
Amendment by section 603(b)(2) of Pub. L. 101–649 not
applicable to deportation proceedings for which notice
has been provided to the alien before Mar. 1, 1991, see
section 602(d) of Pub. L. 101–649, set out as a note under
section 1227 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 7343(c) of Pub. L. 100–690 provided that: ‘‘The
amendments made by subsections (a) and (b) [amending
this section and section 1254 of this title] shall apply to
any alien who has been convicted, on or after the date
of the enactment of this Act [Nov. 18, 1988], of an aggravated felony.’’
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Nov. 1, 1987,
and applicable only to offenses committed after the
taking effect of such amendment, see section 235(a)(1)
of Pub. L. 98–473, set out as an Effective Date note
under section 3551 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
REGULATIONS
Section 545(d) of Pub. L. 101–649 provided that: ‘‘Within 6 months after the date of the enactment of this Act
[Nov. 29, 1990], the Attorney General shall issue regulations with respect to—
‘‘(1) the period of time in which motions to reopen
and to reconsider may be offered in deportation proceedings, which regulations include a limitation on
the number of such motions that may be filed and a
maximum time period for the filing of such motions;
and
‘‘(2) the time period for the filing of administrative
appeals in deportation proceedings and for the filing
of appellate and reply briefs, which regulations include a limitation on the number of administrative
appeals that may be made, a maximum time period
for the filing of such motions and briefs, the items to
be included in the notice of appeal, and the consolidation of motions to reopen or to reconsider with the
appeal of the order of deportation.’’
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.
TRANSFER OF CASES
Pub. L. 109–13, div. B, title I, § 106(c), May 11, 2005, 119
Stat. 311, provided that: ‘‘If an alien’s case, brought
under section 2241 of title 28, United States Code, and
challenging a final administrative order of removal, deportation, or exclusion, is pending in a district court on
the date of the enactment of this division [May 11,
2005], then the district court shall transfer the case (or
the part of the case that challenges the order of removal, deportation, or exclusion) to the court of appeals for the circuit in which a petition for review
could have been properly filed under section 242(b)(2) of
the Immigration and Nationality Act (8 U.S.C. 1252), as
amended by this section, or under section 309(c)(4)(D) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208, div. C] (8 U.S.C.
1101 note). The court of appeals shall treat the transferred case as if it had been filed pursuant to a petition
for review under such section 242, except that subsection (b)(1) of such section shall not apply.’’
TRANSITIONAL RULE CASES
Pub. L. 109–13, div. B, title I, § 106(d), May 11, 2005, 119
Stat. 311, provided that: ‘‘A petition for review filed

TITLE 8—ALIENS AND NATIONALITY

§ 1252a

under former section 106(a) of the Immigration and Nationality Act [8 U.S.C. 1105a(a)] (as in effect before its
repeal by section 306(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L.
104–208, div. C] (8 U.S.C. 1252 note)) shall be treated as
if it had been filed as a petition for review under section 242 of the Immigration and Nationality Act (8
U.S.C. 1252), as amended by this section. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States
Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, such petition for review
shall be the sole and exclusive means for judicial review of an order of deportation or exclusion.’’
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
AUTHORITY TO ACCEPT CERTAIN ASSISTANCE
Section 130008 of Pub. L. 103–322 provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b) and notwithstanding any other provision of law, the Attorney
General, in the discretion of the Attorney General, may
accept, hold, administer, and utilize gifts of property
and services (which may not include cash assistance)
from State and local governments for the purpose of assisting the Immigration and Naturalization Service in
the transportation of deportable aliens who are arrested for misdemeanor or felony crimes under State or
Federal law and who are either unlawfully within the
United States or willing to submit to voluntary departure under safeguards. Any property acquired pursuant
to this section shall be acquired in the name of the
United States.
‘‘(b) LIMITATION.—The Attorney General shall terminate or rescind the exercise of the authority under subsection (a) if the Attorney General determines that the
exercise of such authority has resulted in discrimination by law enforcement officials on the basis of race,
color, or national origin.’’

§ 1252a. Transferred
CODIFICATION
Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5,
§ 242A, as added Nov. 18, 1988, Pub. L. 100–690, title VII,
§ 7347(a), 102 Stat. 4471, as amended, which related to expedited removal of aliens convicted of committing aggravated felonies, was renumbered section 238 of ch. 4
of title II of act June 27, 1952, by Pub. L. 104–208, div.
C, title III, § 308(b)(5), Sept. 30, 1996, 110 Stat. 3009–615,
and was transferred to section 1228 of this title.

§ 1252b. Repealed. Pub. L. 104–208, div. C, title
III, § 308(b)(6), Sept. 30, 1996, 110 Stat.
3009–615
Section, act June 27, 1952, ch. 477, title II, ch. 5, § 242B,
as added Nov. 29, 1990, Pub. L. 101–649, title V, § 545(a),
104 Stat. 5061; amended Dec. 12, 1991, Pub. L. 102–232,
title III, § 306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L.
103–416, title II, § 219(i), 108 Stat. 4317; Sept. 30, 1996,
Pub. L. 104–208, div. C, title III, § 371(b)(7), 110 Stat.
3009–645, related to deportation procedures. See sections
1229 and 1229a of this title.
EFFECTIVE DATE OF REPEAL
Repeal 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 an Effective Date of 1996 Amendments note under section 1101 of this title.

Page 294

§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens
(a) In general
Notwithstanding any other provision of law,
to the extent permitted by relevant State and
local law, State and local law enforcement officials are authorized to arrest and detain an individual who—
(1) is an alien illegally present in the United
States; and
(2) has previously been convicted of a felony
in the United States and deported or left the
United States after such conviction,
but only after the State or local law enforcement officials obtain appropriate confirmation
from the Immigration and Naturalization Service of the status of such individual and only for
such period of time as may be required for the
Service to take the individual into Federal custody for purposes of deporting or removing the
alien from the United States.
(b) Cooperation
The Attorney General shall cooperate with the
States to assure that information in the control
of the Attorney General, including information
in the National Crime Information Center, that
would assist State and local law enforcement officials in carrying out duties under subsection
(a) of this section is made available to such officials.
(Pub. L. 104–132, title IV, § 439, Apr. 24, 1996, 110
Stat. 1276.)
CODIFICATION
This section was enacted as part of the Antiterrorism
and Effective Death Penalty Act of 1996, and not as part
of the Immigration and Nationality Act which comprises this chapter.
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.

§ 1253. Penalties related to removal
(a) Penalty for failure to depart
(1) In general
Any alien against whom a final order of removal is outstanding by reason of being a
member of any of the classes described in section 1227(a) of this title, who—
(A) willfully fails or refuses to depart from
the United States within a period of 90 days
from the date of the final order of removal
under administrative processes, or if judicial
review is had, then from the date of the final
order of the court,
(B) willfully fails or refuses to make timely application in good faith for travel or
other documents necessary to the alien’s departure,
(C) connives or conspires, or takes any
other action, designed to prevent or hamper
or with the purpose of preventing or hampering the alien’s departure pursuant to such,
or

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(D) willfully fails or refuses to present
himself or herself for removal at the time
and place required by the Attorney General
pursuant to such order,
shall be fined under title 18, or imprisoned not
more than four years (or 10 years if the alien
is a member of any of the classes described in
paragraph (1)(E), (2), (3), or (4) of section
1227(a) of this title), or both.
(2) Exception
It is not a violation of paragraph (1) to take
any proper steps for the purpose of securing
cancellation of or exemption from such order
of removal or for the purpose of securing the
alien’s release from incarceration or custody.
(3) Suspension
The court may for good cause suspend the
sentence of an alien under this subsection and
order the alien’s release under such conditions
as the court may prescribe. In determining
whether good cause has been shown to justify
releasing the alien, the court shall take into
account such factors as—
(A) the age, health, and period of detention
of the alien;
(B) the effect of the alien’s release upon
the national security and public peace or
safety;
(C) the likelihood of the alien’s resuming
or following a course of conduct which made
or would make the alien deportable;
(D) the character of the efforts made by
such alien himself and by representatives of
the country or countries to which the alien’s
removal is directed to expedite the alien’s
departure from the United States;
(E) the reason for the inability of the Government of the United States to secure passports, other travel documents, or removal
facilities from the country or countries to
which the alien has been ordered removed;
and
(F) the eligibility of the alien for discretionary relief under the immigration laws.
(b) Willful failure to comply with terms of release under supervision
An alien who shall willfully fail to comply
with regulations or requirements issued pursuant to section 1231(a)(3) of this title or knowingly give false information in response to an inquiry under such section shall be fined not more
than $1,000 or imprisoned for not more than one
year, or both.
(c) Penalties relating to vessels and aircraft
(1) Civil penalties
(A) Failure to carry out certain orders
If the Attorney General is satisfied that a
person has violated subsection (d) or (e) of
section 1231 of this title, the person shall pay
to the Commissioner the sum of $2,000 for
each violation.
(B) Failure to remove alien stowaways
If the Attorney General is satisfied that a
person has failed to remove an alien stowaway as required under section 1231(d)(2) of
this title, the person shall pay to the Commissioner the sum of $5,000 for each alien
stowaway not removed.

§ 1253

(C) No compromise
The Attorney General may not compromise the amount of such penalty under
this paragraph.
(2) Clearing vessels and aircraft
(A) Clearance before decision on liability
A vessel or aircraft may be granted clearance before a decision on liability is made
under paragraph (1) only if a bond approved
by the Attorney General or an amount sufficient to pay the civil penalty is deposited
with the Commissioner.
(B) Prohibition on clearance while penalty
unpaid
A vessel or aircraft may not be granted
clearance if a civil penalty imposed under
paragraph (1) is not paid.
(d) Discontinuing granting visas to nationals of
country denying or delaying accepting alien
On being notified by the Attorney General
that the government of a foreign country denies
or unreasonably delays accepting an alien who
is a citizen, subject, national, or resident of that
country after the Attorney General asks whether the government will accept the alien under
this section, the Secretary of State shall order
consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects,
nationals, and residents of that country until
the Attorney General notifies the Secretary
that the country has accepted the alien.
(June 27, 1952, ch. 477, title II, ch. 5, § 243, 66 Stat.
212; Pub. L. 89–236, § 11(f), Oct. 3, 1965, 79 Stat.
918; Pub. L. 95–549, title I, § 104, Oct. 30, 1978, 92
Stat. 2066; Pub. L. 96–212, title II, § 203(e), Mar.
17, 1980, 94 Stat. 107; Pub. L. 97–116, § 18(i), Dec.
29, 1981, 95 Stat. 1620; Pub. L. 101–649, title V,
§ 515(a)(2), title VI, § 603(b)(3), Nov. 29, 1990, 104
Stat. 5053, 5085; Pub. L. 104–132, title IV, § 413(a),
(f), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104–208,
div. C, title III, § 307(a), Sept. 30, 1996, 110 Stat.
3009–612.)
AMENDMENTS
1996—Pub. L. 104–208 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (h)
relating to countries to which aliens were to be deported.
Subsec. (h)(2). Pub. L. 104–132, § 413(a), inserted at end
‘‘For purposes of subparagraph (D), an alien who is described in section 1251(a)(4)(B) of this title shall be considered to be an alien for whom there are reasonable
grounds for regarding as a danger to the security of the
United States.’’
Subsec. (h)(3). Pub. L. 104–132, § 413(f), added par. (3)
which read as follows: ‘‘Notwithstanding any other provision of law, paragraph (1) shall apply to any alien if
the Attorney General determines, in the discretion of
the Attorney General, that—
‘‘(A) such alien’s life or freedom would be threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, membership in a particular social group, or
political opinion; and
‘‘(B) the application of paragraph (1) to such alien
is necessary to ensure compliance with the 1967
United Nations Protocol Relating to the Status of
Refugees.’’
1990—Subsec. (h)(1). Pub. L. 101–649, § 603(b)(3), substituted ‘‘1251(a)(4)(D)’’ for ‘‘1251(a)(19)’’.

§ 1254

TITLE 8—ALIENS AND NATIONALITY

Subsec. (h)(2). Pub. L. 101–649, § 515(a)(2), inserted sentence at end relating to aliens who have been convicted
of aggravated felonies.
1981—Subsec. (a). Pub. L. 97–116 inserted a comma
after ‘‘subject’’ in fourth sentence.
1980—Subsec. (h). Pub. L. 96–212 substituted provisions relating to deportation or return of an alien
where the Attorney General determines that the return
would threaten the life or freedom of the alien on account of race, religion, nationality, membership in a
particular social group, or political opinion, for provisions relating to withholding of deportation for any
necessary period of time where the Attorney General
decides the alien would be subject to persecution on account of race, religion, or political opinion.
1978—Subsec. (h). Pub. L. 95–549 inserted ‘‘(other than
an alien described in section 1251(a) of this title)’’ before ‘‘within the United States’’.
1965—Subsec. (h). Pub. L. 89–236 substituted ‘‘persecution on account of race, religion, or political opinion’’
for ‘‘physical persecution’’.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by 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.
Section 413(g) of Pub. L. 104–132 provided that: ‘‘The
amendments made by this section [amending this section and sections 1254, 1255, and 1259 of this title] shall
take effect on the date of the enactment of this Act
[Apr. 24, 1996] and shall apply to applications filed before, on, or after such date if final action has not been
taken on them before such date.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 515(a)(2) of Pub. L. 101–649 applicable to convictions entered before, on, or after Nov.
29, 1990, and to applications for withholding of deportation made on or after such date, see section 515(b)(2) of
Pub. L. 101–649, as amended, set out as a note under section 1158 of this title.
Amendment by section 603(b)(3) of Pub. L. 101–649 not
applicable to deportation proceedings for which notice
has been provided to the alien before Mar. 1, 1991, see
section 602(d) of Pub. L. 101–649, set out as a note under
section 1227 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–212 effective Mar. 17, 1980,
and applicable to fiscal years beginning with the fiscal
year beginning Oct. 1, 1979, see section 204 of Pub. L.
96–212, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
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.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of

Page 296

Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
SENSE OF CONGRESS RESPECTING TREATMENT OF CUBAN
POLITICAL PRISONERS
Pub. L. 99–603, title III, § 315(c), Nov. 6, 1986, 100 Stat.
3440, as amended by Pub. L. 104–208, div. C, title III,
§ 308(g)(7)(C)(i), Sept. 30, 1996, 110 Stat. 3009–623, provided that: ‘‘It is the sense of the Congress that the
Secretary of State should provide for the issuance of
visas to nationals of Cuba who are or were imprisoned
in Cuba for political activities without regard to section 243(d) of the Immigration and Nationality Act (8
U.S.C. 1253(d)).’’

§ 1254. Repealed. Pub. L. 104–208, div. C, title III,
§ 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615
Section, acts June 27, 1952, ch. 477, title II, ch. 5, § 244,
66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, § 4, 76 Stat. 1247;
Oct. 3, 1965, Pub. L. 89–236, § 12, 79 Stat. 918; Oct. 20, 1976,
Pub. L. 94–571, § 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L.
95–549, title I, § 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L.
96–212, title II, § 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L.
97–116, §§ 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986,
Pub. L. 99–603, title III, § 315(b), 100 Stat. 3439; Oct. 24,
1988, Pub. L. 100–525, § 2(q)(1), 102 Stat. 2613; Nov. 18,
1988, Pub. L. 100–690, title VII, § 7343(b), 102 Stat. 4470;
Nov. 29, 1990, Pub. L. 101–649, title I, § 162(e)(2), title VI,
§ 603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L.
102–232, title III, § 307(m)(1), 105 Stat. 1757; Sept. 13, 1994,
Pub. L. 103–322, title IV, § 40703, 108 Stat. 1955; Apr. 24,
1996, Pub. L. 104–132, title IV, § 413(b), (c), 110 Stat. 1269,
related to suspension of deportation. See sections 1229b
and 1229c of this title.
EFFECTIVE DATE OF REPEAL
Repeal 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 an Effective Date of 1996 Amendments note under section 1101 of this title.

§ 1254a. Temporary protected status
(a) Granting of status
(1) In general
In the case of an alien who is a national of
a foreign state designated under subsection (b)
of this section (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state) and
who meets the requirements of subsection (c)
of this section, the Attorney General, in accordance with this section—
(A) may grant the alien temporary protected status in the United States and shall
not remove the alien from the United States
during the period in which such status is in
effect, and
(B) shall authorize the alien to engage in
employment in the United States and provide the alien with an ‘‘employment authorized’’ endorsement or other appropriate
work permit.
(2) Duration of work authorization
Work authorization provided under this section shall be effective throughout the period
the alien is in temporary protected status
under this section.
(3) Notice
(A) Upon the granting of temporary protected status under this section, the Attorney
General shall provide the alien with information concerning such status under this section.

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TITLE 8—ALIENS AND NATIONALITY

(B) If, at the time of initiation of a removal
proceeding against an alien, the foreign state
(of which the alien is a national) is designated
under subsection (b) of this section, the Attorney General shall promptly notify the alien of
the temporary protected status that may be
available under this section.
(C) If, at the time of designation of a foreign
state under subsection (b) of this section, an
alien (who is a national of such state) is in a
removal proceeding under this subchapter, the
Attorney General shall promptly notify the
alien of the temporary protected status that
may be available under this section.
(D) Notices under this paragraph shall be
provided in a form and language that the alien
can understand.
(4) Temporary treatment for eligible aliens
(A) In the case of an alien who can establish
a prima facie case of eligibility for benefits
under paragraph (1), but for the fact that the
period of registration under subsection
(c)(1)(A)(iv) of this section has not begun,
until the alien has had a reasonable opportunity to register during the first 30 days of
such period, the Attorney General shall provide for the benefits of paragraph (1).
(B) In the case of an alien who establishes a
prima facie case of eligibility for benefits
under paragraph (1), until a final determination with respect to the alien’s eligibility for
such benefits under paragraph (1) has been
made, the alien shall be provided such benefits.
(5) Clarification
Nothing in this section shall be construed as
authorizing the Attorney General to deny
temporary protected status to an alien based
on the alien’s immigration status or to require
any alien, as a condition of being granted such
status, either to relinquish nonimmigrant or
other status the alien may have or to execute
any waiver of other rights under this chapter.
The granting of temporary protected status
under this section shall not be considered to
be inconsistent with the granting of nonimmigrant status under this chapter.
(b) Designations
(1) In general
The Attorney General, after consultation
with appropriate agencies of the Government,
may designate any foreign state (or any part
of such foreign state) under this subsection
only if—
(A) the Attorney General finds that there
is an ongoing armed conflict within the
state and, due to such conflict, requiring the
return of aliens who are nationals of that
state to that state (or to the part of the
state) would pose a serious threat to their
personal safety;
(B) the Attorney General finds that—
(i) there has been an earthquake, flood,
drought, epidemic, or other environmental
disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected,
(ii) the foreign state is unable, temporarily, to handle adequately the return to

§ 1254a

the state of aliens who are nationals of the
state, and
(iii) the foreign state officially has requested designation under this subparagraph; or
(C) the Attorney General finds that there
exist extraordinary and temporary conditions in the foreign state that prevent aliens
who are nationals of the state from returning to the state in safety, unless the Attorney General finds that permitting the aliens
to remain temporarily in the United States
is contrary to the national interest of the
United States.
A designation of a foreign state (or part of
such foreign state) under this paragraph shall
not become effective unless notice of the designation (including a statement of the findings
under this paragraph and the effective date of
the designation) is published in the Federal
Register. In such notice, the Attorney General
shall also state an estimate of the number of
nationals of the foreign state designated who
are (or within the effective period of the designation are likely to become) eligible for
temporary protected status under this section
and their immigration status in the United
States.
(2) Effective period of designation for foreign
states
The designation of a foreign state (or part of
such foreign state) under paragraph (1) shall—
(A) take effect upon the date of publication of the designation under such paragraph, or such later date as the Attorney
General may specify in the notice published
under such paragraph, and
(B) shall remain in effect until the effective date of the termination of the designation under paragraph (3)(B).
For purposes of this section, the initial period
of designation of a foreign state (or part thereof) under paragraph (1) is the period, specified
by the Attorney General, of not less than 6
months and not more than 18 months.
(3) Periodic review, terminations, and extensions of designations
(A) Periodic review
At least 60 days before end of the initial
period of designation, and any extended period of designation, of a foreign state (or
part thereof) under this section the Attorney
General, after consultation with appropriate
agencies of the Government, shall review the
conditions in the foreign state (or part of
such foreign state) for which a designation is
in effect under this subsection and shall determine whether the conditions for such designation under this subsection continue to
be met. The Attorney General shall provide
on a timely basis for the publication of notice of each such determination (including
the basis for the determination, and, in the
case of an affirmative determination, the period of extension of designation under subparagraph (C)) in the Federal Register.
(B) Termination of designation
If the Attorney General determines under
subparagraph (A) that a foreign state (or

§ 1254a

TITLE 8—ALIENS AND NATIONALITY

part of such foreign state) no longer continues to meet the conditions for designation under paragraph (1), the Attorney General shall terminate the designation by publishing notice in the Federal Register of the
determination under this subparagraph (including the basis for the determination).
Such termination is effective in accordance
with subsection (d)(3) of this section, but
shall not be effective earlier than 60 days
after the date the notice is published or, if
later, the expiration of the most recent previous extension under subparagraph (C).
(C) Extension of designation
If the Attorney General does not determine under subparagraph (A) that a foreign
state (or part of such foreign state) no
longer meets the conditions for designation
under paragraph (1), the period of designation of the foreign state is extended for an
additional period of 6 months (or, in the discretion of the Attorney General, a period of
12 or 18 months).
(4) Information concerning protected status at
time of designations
At the time of a designation of a foreign
state under this subsection, the Attorney General shall make available information respecting the temporary protected status made
available to aliens who are nationals of such
designated foreign state.
(5) Review
(A) Designations
There is no judicial review of any determination of the Attorney General with respect to the designation, or termination or
extension of a designation, of a foreign state
under this subsection.
(B) Application to individuals
The Attorney General shall establish an
administrative procedure for the review of
the denial of benefits to aliens under this
subsection. Such procedure shall not prevent
an alien from asserting protection under this
section in removal proceedings if the alien
demonstrates that the alien is a national of
a state designated under paragraph (1).
(c) Aliens eligible for temporary protected status
(1) In general
(A) Nationals of designated foreign states
Subject to paragraph (3), an alien, who is a
national of a state designated under subsection (b)(1) of this section (or in the case
of an alien having no nationality, is a person
who last habitually resided in such designated state), meets the requirements of
this paragraph only if—
(i) the alien has been continuously physically present in the United States since
the effective date of the most recent designation of that state;
(ii) the alien has continuously resided in
the United States since such date as the
Attorney General may designate;
(iii) the alien is admissible as an immigrant, except as otherwise provided under
paragraph (2)(A), and is not ineligible for

Page 298

temporary protected status under paragraph (2)(B); and
(iv) to the extent and in a manner which
the Attorney General establishes, the alien
registers for the temporary protected
status under this section during a registration period of not less than 180 days.
(B) Registration fee
The Attorney General may require payment of a reasonable fee as a condition of
registering an alien under subparagraph
(A)(iv) (including providing an alien with an
‘‘employment authorized’’ endorsement or
other appropriate work permit under this
section). The amount of any such fee shall
not exceed $50. In the case of aliens registered pursuant to a designation under this
section made after July 17, 1991, the Attorney General may impose a separate, additional fee for providing an alien with documentation of work authorization. Notwithstanding section 3302 of title 31, all fees collected under this subparagraph shall be credited to the appropriation to be used in carrying out this section.
(2) Eligibility standards
(A) Waiver of certain grounds for inadmissibility
In the determination of an alien’s admissibility for purposes of subparagraph (A)(iii) of
paragraph (1)—
(i) the provisions of paragraphs (5) and
(7)(A) of section 1182(a) of this title shall
not apply;
(ii) except as provided in clause (iii), the
Attorney General may waive any other
provision of section 1182(a) of this title in
the case of individual aliens for humanitarian purposes, to assure family unity, or
when it is otherwise in the public interest;
but
(iii) the Attorney General may not
waive—
(I) paragraphs (2)(A) and (2)(B) (relating to criminals) of such section,
(II) paragraph (2)(C) of such section
(relating to drug offenses), except for so
much of such paragraph as relates to a
single offense of simple possession of 30
grams or less of marijuana, or
(III) paragraphs (3)(A), (3)(B), (3)(C),
and (3)(E) of such section (relating to national security and participation in the
Nazi persecutions or those who have engaged in genocide).
(B) Aliens ineligible
An alien shall not be eligible for temporary protected status under this section if
the Attorney General finds that—
(i) the alien has been convicted of any
felony or 2 or more misdemeanors committed in the United States, or
(ii) the alien is described in section
1158(b)(2)(A) of this title.
(3) Withdrawal of temporary protected status
The Attorney General shall withdraw temporary protected status granted to an alien
under this section if—

Page 299

TITLE 8—ALIENS AND NATIONALITY

(A) the Attorney General finds that the
alien was not in fact eligible for such status
under this section,
(B) except as provided in paragraph (4) and
permitted in subsection (f)(3) of this section,
the alien has not remained continuously
physically present in the United States from
the date the alien first was granted temporary protected status under this section,
or
(C) the alien fails, without good cause, to
register with the Attorney General annually, at the end of each 12-month period
after the granting of such status, in a form
and manner specified by the Attorney General.
(4) Treatment of brief, casual, and innocent departures and certain other absences
(A) For purposes of paragraphs (1)(A)(i) and
(3)(B), an alien shall not be considered to have
failed to maintain continuous physical presence in the United States by virtue of brief,
casual, and innocent absences from the United
States, without regard to whether such absences were authorized by the Attorney General.
(B) For purposes of paragraph (1)(A)(ii), an
alien shall not be considered to have failed to
maintain continuous residence in the United
States by reason of a brief, casual, and innocent absence described in subparagraph (A) or
due merely to a brief temporary trip abroad
required by emergency or extenuating circumstances outside the control of the alien.
(5) Construction
Nothing in this section shall be construed as
authorizing an alien to apply for admission to,
or to be admitted to, the United States in
order to apply for temporary protected status
under this section.
(6) Confidentiality of information
The Attorney General shall establish procedures to protect the confidentiality of information provided by aliens under this section.
(d) Documentation
(1) Initial issuance
Upon the granting of temporary protected
status to an alien under this section, the Attorney General shall provide for the issuance
of such temporary documentation and authorization as may be necessary to carry out the
purposes of this section.
(2) Period of validity
Subject to paragraph (3), such documentation shall be valid during the initial period of
designation of the foreign state (or part thereof) involved and any extension of such period.
The Attorney General may stagger the periods
of validity of the documentation and authorization in order to provide for an orderly renewal of such documentation and authorization and for an orderly transition (under paragraph (3)) upon the termination of a designation of a foreign state (or any part of such foreign state).
(3) Effective date of terminations
If the Attorney General terminates the designation of a foreign state (or part of such for-

§ 1254a

eign state) under subsection (b)(3)(B) of this
section, such termination shall only apply to
documentation and authorization issued or renewed after the effective date of the publication of notice of the determination under that
subsection (or, at the Attorney General’s option, after such period after the effective date
of the determination as the Attorney General
determines to be appropriate in order to provide for an orderly transition).
(4) Detention of alien
An alien provided temporary protected
status under this section shall not be detained
by the Attorney General on the basis of the
alien’s immigration status in the United
States.
(e) Relation of period of temporary protected
status to cancellation of removal
With respect to an alien granted temporary
protected status under this section, the period of
such status shall not be counted as a period of
physical presence in the United States for purposes of section 1229b(a) of this title, unless the
Attorney General determines that extreme
hardship exists. Such period shall not cause a
break in the continuity of residence of the period before and after such period for purposes of
such section.
(f) Benefits and status during period of temporary protected status
During a period in which an alien is granted
temporary protected status under this section—
(1) the alien shall not be considered to be
permanently residing in the United States
under color of law;
(2) the alien may be deemed ineligible for
public assistance by a State (as defined in section 1101(a)(36) of this title) or any political
subdivision thereof which furnishes such assistance;
(3) the alien may travel abroad with the
prior consent of the Attorney General; and
(4) for purposes of adjustment of status
under section 1255 of this title and change of
status under section 1258 of this title, the alien
shall be considered as being in, and maintaining, lawful status as a nonimmigrant.
(g) Exclusive remedy
Except as otherwise specifically provided, this
section shall constitute the exclusive authority
of the Attorney General under law to permit
aliens who are or may become otherwise deportable or have been paroled into the United States
to remain in the United States temporarily because of their particular nationality or region of
foreign state of nationality.
(h) Limitation on consideration in Senate of legislation adjusting status
(1) In general
Except as provided in paragraph (2), it shall
not be in order in the Senate to consider any
bill, resolution, or amendment that—
(A) provides for adjustment to lawful temporary or permanent resident alien status
for any alien receiving temporary protected
status under this section, or
(B) has the effect of amending this subsection or limiting the application of this
subsection.

§ 1254a

TITLE 8—ALIENS AND NATIONALITY

(2) Supermajority required
Paragraph (1) may be waived or suspended in
the Senate only by the affirmative vote of
three-fifths of the Members duly chosen and
sworn. An affirmative vote of three-fifths of
the Members of the Senate duly chosen and
sworn shall be required in the Senate to sustain an appeal of the ruling of the Chair on a
point of order raised under paragraph (1).
(3) Rules
Paragraphs (1) and (2) are enacted—
(A) as an exercise of the rulemaking power
of the Senate and as such they are deemed a
part of the rules of the Senate, but applicable only with respect to the matters described in paragraph (1) and supersede other
rules of the Senate only to the extent that
such paragraphs are inconsistent therewith;
and
(B) with full recognition of the constitutional right of the Senate to change such
rules at any time, in the same manner as in
the case of any other rule of the Senate.
(i) Annual report and review
(1) Annual report
Not later than March 1 of each year (beginning with 1992), the Attorney General, after
consultation with the appropriate agencies of
the Government, shall submit a report to the
Committees on the Judiciary of the House of
Representatives and of the Senate on the operation of this section during the previous year.
Each report shall include—
(A) a listing of the foreign states or parts
thereof designated under this section,
(B) the number of nationals of each such
state who have been granted temporary protected status under this section and their
immigration status before being granted
such status, and
(C) an explanation of the reasons why foreign states or parts thereof were designated
under subsection (b)(1) of this section and,
with respect to foreign states or parts thereof previously designated, why the designation was terminated or extended under subsection (b)(3) of this section.
(2) Committee report
No later than 180 days after the date of receipt of such a report, the Committee on the
Judiciary of each House of Congress shall report to its respective House such oversight
findings and legislation as it deems appropriate.
(June 27, 1952, ch. 477, title II, ch. 5, § 244, formerly § 244A, as added and amended Pub. L.
101–649, title III, § 302(a), title VI, § 603(a)(24),
Nov. 29, 1990, 104 Stat. 5030, 5084; Pub. L. 102–232,
title III, §§ 304(b), 307(l)(5), Dec. 12, 1991, 105 Stat.
1749, 1756; Pub. L. 103–416, title II, § 219(j), (z)(2),
Oct. 25, 1994, 108 Stat. 4317, 4318; renumbered § 244
and amended Pub. L. 104–208, div. C, title III,
§ 308(b)(7), (e)(1)(G), (11), (g)(7)(E)(i), (8)(A)(i),
Sept. 30, 1996, 110 Stat. 3009–615, 3009–619,
3009–620, 3009–624.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(5), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,

Page 300

66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
1996—Subsec. (a)(1)(A). Pub. L. 104–208, § 308(e)(11),
substituted ‘‘remove’’ for ‘‘deport’’.
Subsec. (a)(3)(B), (C). Pub. L. 104–208, § 308(e)(1)(G),
substituted ‘‘removal’’ for ‘‘deportation’’.
Subsec. (b)(5)(B). Pub. L. 104–208, § 308(e)(1)(G), substituted ‘‘removal’’ for ‘‘deportation’’.
Subsec. (c)(2)(B)(ii). Pub. L. 104–208, § 308(g)(7)(E)(i),
substituted
‘‘section
1158(b)(2)(A)’’
for
‘‘section
1253(h)(2)’’.
Subsec. (e). Pub. L. 104–208, § 308(g)(8)(A)(i), substituted ‘‘section 1229b(a)’’ for ‘‘section 1254(a)’’.
Pub. L. 104–208, § 308(e)(11), amended heading.
1994—Subsec. (c)(1)(B). Pub. L. 103–416, § 219(z)(2),
made technical correction to directory language of
Pub. L. 102–232, § 304(b)(2). See 1991 Amendment note
below.
Subsec. (c)(2)(A)(iii)(III). Pub. L. 103–416, § 219(j), substituted ‘‘paragraphs’’ for ‘‘Paragraphs’’ and ‘‘and
(3)(E)’’ for ‘‘or (3)(E)’’.
1991—Subsec. (a)(1). Pub. L. 102–232, § 304(b)(1), inserted parenthetical relating to alien having no nationality.
Subsec. (c)(1)(A). Pub. L. 102–232, § 304(b)(3), inserted
parenthetical relating to alien having no nationality.
Subsec. (c)(1)(B). Pub. L. 102–232, § 304(b)(2), as amended by Pub. L. 103–416, § 219(z)(2), inserted provisions requiring separate fee of aliens registered pursuant to
designation made after July 17, 1991, and directing that
all fees be credited to appropriation to be used to carry
out this section.
Subsec. (c)(2)(A)(iii)(I). Pub. L. 102–232, § 307(l)(5)(A),
substituted ‘‘paragraphs (2)(A) and (2)(B)’’ for ‘‘paragraphs (9) and (10)’’.
Subsec. (c)(2)(A)(iii)(III). Pub. L. 102–232, § 307(l)(5)(B),
amended subcl. (III) generally. Prior to amendment,
subcl. (III) read as follows: ‘‘paragraphs (3) (relating to
security and related grounds).’’
1990—Subsec.
(c)(2)(A)(i).
Pub.
L.
101–649,
§ 603(a)(24)(A), which directed the substitution of ‘‘(5)
and (7)(A)’’ for ‘‘(14), (20), (21), (25), and (32)’’, was executed by making the substitution for ‘‘(14), (15), (20),
(21), (25), and (32)’’, as the probable intent of Congress.
Subsec. (c)(2)(A)(iii)(I). Pub. L. 101–649, § 603(a)(24)(B),
which directed the substitution of ‘‘Paragraphs (2)(A)
and (2)(B)’’ for ‘‘Paragraphs (9) and (10)’’, could not be
executed because the quoted language differed from the
text. See 1991 Amendment note above.
Subsec. (c)(2)(A)(iii)(II). Pub. L. 101–649, § 603(a)(24)(C),
substituted ‘‘(2)(C)’’ for ‘‘(23)’’ and inserted ‘‘or’’ at end.
Subsec.
(c)(2)(A)(iii)(III).
Pub.
L.
101–649,
§ 603(a)(24)(D), which directed the substitution of ‘‘(3)
(relating to security and related grounds)’’ for ‘‘(27) and
(29) (relating to national security)’’, and a period for
‘‘; or’’, was executed by substituting ‘‘(3) (relating to
security and related grounds)’’ for ‘‘(27) and (29) of such
section (relating to national security)’’, and a period
for ‘‘, or’’, as the probable intent of Congress.
Subsec.
(c)(2)(A)(iii)(IV).
Pub.
L.
101–649,
§ 603(a)(24)(E), struck out subcl. (IV) which referred to
par. (33).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 219(j) of Pub. L. 103–416 effective as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub.

Page 301

TITLE 8—ALIENS AND NATIONALITY

L. 103–416, set out as a note under section 1101 of this
title.
Section 219(z) of Pub. L. 103–416 provided that the
amendment made by subsec. (z)(2) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of
1991, Pub. L. 102–232.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 304(b) 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.
Section 307(l) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 603(a) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 603(a)(24) of Pub. L. 101–649 applicable to individuals entering United States on or
after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649,
set out as a note under section 1101 of this title.
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 SUSPENSION OF DEPORTATION
The Attorney General may not suspend deportation
and adjust status under this section of more than 4,000
aliens in any fiscal year, beginning after Sept. 30, 1996,
regardless of when aliens applied for such suspension
and adjustment, see section 309(c)(7) of Pub. L. 104–208,
set out in an Effective Date of 1996 Amendments note
under section 1101 of this title.
ALIENS AUTHORIZED TO TRAVEL ABROAD TEMPORARILY
Section 304(c) of Pub. L. 102–232, as amended by Pub.
L. 104–208, div. C, title III, § 308(g)(1), (8)(A)(ii), (C), Sept.
30, 1996, 110 Stat. 3009–622, 3009–624, provided that:
‘‘(1) In the case of an alien described in paragraph (2)
whom the Attorney General authorizes to travel abroad
temporarily and who returns to the United States in
accordance with such authorization—
‘‘(A) the alien shall be inspected and admitted in
the same immigration status the alien had at the
time of departure if—
‘‘(i) in the case of an alien described in paragraph
(2)(A), the alien is found not to be excludable on a
ground of exclusion referred to in section 301(a)(1)
of the Immigration Act of 1990 [Pub. L. 101–649, set
out as a note under section 1255a of this title], or
‘‘(ii) in the case of an alien described in paragraph
(2)(B), the alien is found not to be excludable on a
ground of exclusion referred to in section
244(c)(2)(A)(iii) of the Immigration and Nationality
Act [8 U.S.C. 1254a(c)(2)(A)(iii)]; and
‘‘(B) the alien shall not be considered, by reason of
such authorized departure, to have failed to maintain
continuous physical presence in the United States for
purposes of section 240A(a) of the Immigration and
Nationality Act [8 U.S.C. 1229b(a)] if the absence
meets the requirements of section 240A(b)(2) of such
Act.
‘‘(2) Aliens described in this paragraph are the following:
‘‘(A) Aliens provided benefits under section 301 of
the Immigration Act of 1990 (relating to family
unity).
‘‘(B) Aliens provided temporary protected status
under section 244 of the Immigration and Nationality
Act, including aliens provided such status under section 303 of the Immigration Act of 1990 [Pub. L.
101–649, set out below].’’
EFFECT ON EXECUTIVE ORDER 12711
Section 302(c) of Pub. L. 101–649, as amended by Pub.
L. 102–232, title III, § 304(a), Dec. 12, 1991, 105 Stat. 1749;

§ 1254a

Pub. L. 103–416, title II, § 219(y), Oct. 25, 1994, 108 Stat.
4318; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30,
1996, 110 Stat. 3009–622, provided that: ‘‘Notwithstanding
subsection (g) of section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a(g)] (inserted by the amendment made by subsection (a)), such section shall not
supersede or affect Executive Order 12711 (April 11, 1990
[8 U.S.C. 1101 note], relating to policy implementation
with respect to nationals of the People’s Republic of
China).’’
SPECIAL TEMPORARY PROTECTED STATUS FOR
SALVADORANS
Section 303 of Pub. L. 101–649, as amended by Pub. L.
102–65, § 1, July 2, 1991, 105 Stat. 322; Pub. L. 104–208, div.
C, title III, § 308(g)(1), (6)(A), Sept. 30, 1996, 110 Stat.
3009–622, 3009–623, provided that:
‘‘(a) DESIGNATION.—
‘‘(1) IN GENERAL.—El Salvador is hereby designated
under section 244(b) of the Immigration and Nationality Act [8 U.S.C. 1254a(b)], subject to the provisions of
this section.
‘‘(2) PERIOD OF DESIGNATION.—Such designation
shall take effect on the date of the enactment of this
section [Nov. 29, 1990] and shall remain in effect until
the end of the 18-month period beginning January 1,
1991.
‘‘(b) ALIENS ELIGIBLE.—
‘‘(1) IN GENERAL.—In applying section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a] pursuant to the designation under this section, subject to
section 244(c)(3) of such Act, an alien who is a national of El Salvador meets the requirements of section 244(c)(1) of such Act only if—
‘‘(A) the alien has been continuously physically
present in the United States since September 19,
1990;
‘‘(B) the alien is admissible as an immigrant, except
as
otherwise
provided
under
section
244(c)(2)(A) of such Act, and is not ineligible for
temporary
protected
status
under
section
244(c)(2)(B) of such Act; and
‘‘(C) in a manner which the Attorney General
shall establish, the alien registers for temporary
protected status under this section during the registration period beginning January 1, 1991, and ending October 31, 1991.
‘‘(2) REGISTRATION FEE.—The Attorney General
shall require payment of a reasonable fee as a condition of registering an alien under paragraph (1)(C)
(including providing an alien with an ‘employment
authorized’ endorsement or other appropriate work
permit under this section). The amount of the fee
shall be sufficient to cover the costs of administration of this section. Notwithstanding section 3302 of
title 31, United States Code, all such registration fees
collected shall be credited to the appropriation to be
used in carrying out this section.
‘‘(c) APPLICATION OF CERTAIN PROVISIONS.—
‘‘(1) IN GENERAL.—Except as provided in this subsection, the provisions of section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a] (including
subsection (h) thereof) shall apply to El Salvador
(and aliens provided temporary protected status)
under this section in the same manner as they apply
to a foreign state designated (and aliens provided
temporary protected status) under such section.
‘‘(2) PROVISIONS NOT APPLICABLE.—Subsections
(b)(1), (b)(2), (b)(3), (c)(1), (c)(4), (d)(3), and (i) of such
section 244 shall not apply under this section.
‘‘(3) 6-MONTH PERIOD OF REGISTRATION AND WORK AUTHORIZATION.—Notwithstanding section 244(a)(2) of
the Immigration and Nationality Act, the work authorization provided under this section shall be effective for periods of 6 months. In applying section
244(c)(3)(C) of such Act under this section, ‘semiannually, at the end of each 6-month period’ shall be substituted for ‘annually, at the end of each 12-month
period’ and, notwithstanding section 244(d)(2) of such
Act, the period of validity of documentation under
this section shall be 6 months.

§ 1254b

TITLE 8—ALIENS AND NATIONALITY

‘‘(4) REENTRY PERMITTED AFTER DEPARTURE FOR
EMERGENCY
CIRCUMSTANCES.—In
applying section
244(f)(3) of the Immigration and Nationality Act
under this section, the Attorney General shall provide for advance parole in the case of an alien provided special temporary protected status under this
section if the alien establishes to the satisfaction of
the Attorney General that emergency and extenuating circumstances beyond the control of the alien requires the alien to depart for a brief, temporary trip
abroad.
‘‘(d) ENFORCEMENT OF REQUIREMENT TO DEPART AT
TIME OF TERMINATION OF DESIGNATION.—
‘‘(1) SHOW CAUSE ORDER AT TIME OF FINAL REGISTRATION.—At the registration occurring under this section closest to the date of termination of the designation of El Salvador under subsection (a), the Immigration and Naturalization Service shall serve on the
alien granted temporary protected status an order to
show cause that establishes a date for deportation
proceedings which is after the date of such termination of designation. If El Salvador is subsequently
designated under section 244(b) of the Immigration
and Nationality Act [8 U.S.C. 1254a], the Service shall
cancel such orders.
‘‘(2) SANCTION FOR FAILURE TO APPEAR.—If an alien
is provided an order to show cause under paragraph
(1) and fails to appear at such proceedings, except for
exceptional circumstances, the alien may be deported
in absentia under section 240(b)(5) of the Immigration
and Nationality Act [8 U.S.C. 1229a(b)(5)] (inserted by
section 545(a) of this Act) and certain discretionary
forms of relief are no longer available to the alien
pursuant to such section.’’

§ 1254b. Collection of fees under temporary protected status program
(a) In addition to collection of registration
fees described in section 1254a(c)(1)(B) of this
title, fees for fingerprinting services, biometric
services, and other necessary services may be
collected when administering the program described in section 1254a of this title.
(b) Subsection (a) shall be construed to apply
for fiscal year 1998 and each fiscal year thereafter.
(Pub. L. 111–83, title V, § 549, Oct. 28, 2009, 123
Stat. 2177.)
CODIFICATION
This section was enacted as part of the Department
of Homeland Security Appropriations Act, 2010, and not
as part of the Immigration and Nationality Act which
comprises this chapter.

§ 1255. Adjustment of status of nonimmigrant to
that of person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
The status of an alien who was inspected and
admitted or paroled into the United States or
the status of any other alien having an approved
petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General,
in his discretion and under such regulations as
he may prescribe, to that of an alien lawfully
admitted for permanent residence if (1) the alien
makes an application for such adjustment, (2)
the alien is eligible to receive an immigrant visa
and is admissible to the United States for permanent residence, and (3) an immigrant visa is
immediately available to him at the time his
application is filed.

Page 302

(b) Record of lawful admission for permanent
residence; reduction of preference visas
Upon the approval of an application for adjustment made under subsection (a) of this section,
the Attorney General shall record the alien’s
lawful admission for permanent residence as of
the date the order of the Attorney General approving the application for the adjustment of
status is made, and the Secretary of State shall
reduce by one the number of the preference visas
authorized to be issued under sections 1152 and
1153 of this title within the class to which the
alien is chargeable for the fiscal year then current.
(c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa
Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) of this section shall not be
applicable to (1) an alien crewman; (2) subject to
subsection (k) of this section, an alien (other
than an immediate relative as defined in section
1151(b) of this title or a special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of
this title) who hereafter continues in or accepts
unauthorized employment prior to filing an application for adjustment of status or who is in
unlawful immigration status on the date of filing the application for adjustment of status or
who has failed (other than through no fault of
his own or for technical reasons) to maintain
continuously a lawful status since entry into
the United States; (3) any alien admitted in
transit without visa under section 1182(d)(4)(C)
of this title; (4) an alien (other than an immediate relative as defined in section 1151(b) of this
title) who was admitted as a nonimmigrant visitor without a visa under section 1182(l) of this
title or section 1187 of this title; (5) an alien who
was admitted as a nonimmigrant described in
section 1101(a)(15)(S) of this title,1 (6) an alien
who is deportable under section 1227(a)(4)(B) of
this title; (7) any alien who seeks adjustment of
status to that of an immigrant under section
1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized
alien, as defined in section 1324a(h)(3) of this
title, or who has otherwise violated the terms of
a nonimmigrant visa.
(d) Alien admitted for permanent residence on
conditional basis; fiancee or fiance of citizen
The Attorney General may not adjust, under
subsection (a) of this section, the status of an
alien lawfully admitted to the United States for
permanent residence on a conditional basis
under section 1186a of this title. The Attorney
General may not adjust, under subsection (a) of
this section, the status of a nonimmigrant alien
described in section 1101(a)(15)(K) of this title
except to that of an alien lawfully admitted to
the United States on a conditional basis under
section 1186a of this title as a result of the marriage of the nonimmigrant (or, in the case of a
minor child, the parent) to the citizen who filed
the petition to accord that alien’s non1 So

in original. The comma probably should be a semicolon.

Page 303

TITLE 8—ALIENS AND NATIONALITY

immigrant status under section 1101(a)(15)(K) of
this title.
(e) Restriction on adjustment of status based on
marriages entered while in admissibility or
deportation proceedings; bona fide marriage
exception
(1) Except as provided in paragraph (3), an
alien who is seeking to receive an immigrant
visa on the basis of a marriage which was entered into during the period described in paragraph (2) may not have the alien’s status adjusted under subsection (a) of this section.
(2) The period described in this paragraph is
the period during which administrative or judicial proceedings are pending regarding the
alien’s right to be admitted or remain in the
United States.
(3) Paragraph (1) and section 1154(g) of this
title shall not apply with respect to a marriage
if the alien establishes by clear and convincing
evidence to the satisfaction of the Attorney
General that the marriage was entered into in
good faith and in accordance with the laws of
the place where the marriage took place and the
marriage was not entered into for the purpose of
procuring the alien’s admission as an immigrant
and no fee or other consideration was given
(other than a fee or other consideration to an attorney for assistance in preparation of a lawful
petition) for the filing of a petition under section 1154(a) of this title or subsection (d) or (p) 2
of section 1184 of this title with respect to the
alien spouse or alien son or daughter. In accordance with regulations, there shall be only one
level of administrative appellate review for each
alien under the previous sentence.
(f) Limitation on adjustment of status
The Attorney General may not adjust, under
subsection (a) of this section, the status of an
alien lawfully admitted to the United States for
permanent residence on a conditional basis
under section 1186b of this title.
(g) Special immigrants
In applying this section to a special immigrant described in section 1101(a)(27)(K) of this
title, such an immigrant shall be deemed, for
purposes of subsection (a) of this section, to
have been paroled into the United States.
(h) Application with respect to special immigrants
In applying this section to a special immigrant described in section 1101(a)(27)(J) of this
title—
(1) such an immigrant shall be deemed, for
purposes of subsection (a) of this section, to
have been paroled into the United States; and
(2) in determining the alien’s admissibility
as an immigrant—
(A) paragraphs (4), (5)(A), (6)(A), (6)(C),
(6)(D), (7)(A), and (9)(B) of section 1182(a) of
this title shall not apply; and
(B) the Attorney General may waive other
paragraphs of section 1182(a) of this title
(other than paragraphs (2)(A), (2)(B), (2)(C)
(except for so much of such paragraph as related to a single offense of simple possession
2 See

References in Text note below.

§ 1255

of 30 grams or less of marijuana), (3)(A),
(3)(B), (3)(C), and (3)(E)) in the case of individual aliens for humanitarian purposes,
family unity, or when it is otherwise in the
public interest.
The relationship between an alien and the
alien’s natural parents or prior adoptive parents
shall not be considered a factor in making a
waiver under paragraph (2)(B). Nothing in this
subsection or section 1101(a)(27)(J) of this title
shall be construed as authorizing an alien to
apply for admission or be admitted to the
United States in order to obtain special immigrant status described in such section.
(i) Adjustment in status of certain aliens physically present in United States
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien
physically present in the United States—
(A) who—
(i) entered the United States without inspection; or
(ii) is within one of the classes enumerated
in subsection (c) of this section;
(B) who is the beneficiary (including a
spouse or child of the principal alien, if eligible to receive a visa under section 1153(d) of
this title) of—
(i) a petition for classification under section 1154 of this title that was filed with the
Attorney General on or before April 30, 2001;
or
(ii) an application for a labor certification
under section 1182(a)(5)(A) of this title that
was filed pursuant to the regulations of the
Secretary of Labor on or before such date;
and
(C) who, in the case of a beneficiary of a petition for classification, or an application for
labor certification, described in subparagraph
(B) that was filed after January 14, 1998, is
physically present in the United States on December 21, 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien
lawfully admitted for permanent residence. The
Attorney General may accept such application
only if the alien remits with such application a
sum equalling $1,000 as of the date of receipt of
the application, but such sum shall not be required from a child under the age of seventeen,
or an alien who is the spouse or unmarried child
of an individual who obtained temporary or permanent resident status under section 1160 or
1255a of this title or section 202 of the Immigration Reform and Control Act of 1986 at any date,
who—
(i) as of May 5, 1988, was the unmarried child
or spouse of the individual who obtained temporary or permanent resident status under
section 1160 or 1255a of this title or section 202
of the Immigration Reform and Control Act of
1986;
(ii) entered the United States before May 5,
1988, resided in the United States on May 5,
1988, and is not a lawful permanent resident;
and
(iii) applied for benefits under section 301(a)
of the Immigration Act of 1990. The sum speci-

§ 1255

TITLE 8—ALIENS AND NATIONALITY

fied herein shall be in addition to the fee normally required for the processing of an application under this section.
(2) Upon receipt of such an application and the
sum hereby required, the Attorney General may
adjust the status of the alien to that of an alien
lawfully admitted for permanent residence if—
(A) the alien is eligible to receive an immigrant visa and is admissible to the United
States for permanent residence; and
(B) an immigrant visa is immediately available to the alien at the time the application is
filed.
(3)(A) The portion of each application fee (not
to exceed $200) that the Attorney General determines is required to process an application
under this section and is remitted to the Attorney General pursuant to paragraphs (1) and (2) of
this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n),
and (o) of section 1356 of this title.
(B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by
the Attorney General into the Breached Bond/
Detention Fund established under section 1356(r)
of this title, except that in the case of fees attributable to applications for a beneficiary with
respect to whom a petition for classification, or
an application for labor certification, described
in paragraph (1)(B) was filed after January 14,
1998, one-half of such remaining portion shall be
deposited by the Attorney General into the Immigration Examinations Fee Account established under section 1356(m) of this title.
(j) Adjustment to permanent resident status
(1) If, in the opinion of the Attorney General—
(A) a nonimmigrant admitted into the
United States under section 1101(a)(15)(S)(i) of
this title has supplied information described
in subclause (I) of such section; and
(B) the provision of such information has
substantially contributed to the success of an
authorized criminal investigation or the prosecution of an individual described in subclause
(III) of that section,
the Attorney General may adjust the status of
the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien
if admitted under that section) to that of an
alien lawfully admitted for permanent residence
if the alien is not described in section
1182(a)(3)(E) of this title.
(2) If, in the sole discretion of the Attorney
General—
(A) a nonimmigrant admitted into the
United States under section 1101(a)(15)(S)(ii) of
this title has supplied information described
in subclause (I) of such section, and
(B) the provision of such information has
substantially contributed to—
(i) the prevention or frustration of an act
of terrorism against a United States person
or United States property, or
(ii) the success of an authorized criminal
investigation of, or the prosecution of, an individual involved in such an act of terrorism, and
(C) the nonimmigrant has received a reward
under section 2708(a) of title 22,

Page 304

the Attorney General may adjust the status of
the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien
if admitted under such section) to that of an
alien lawfully admitted for permanent residence
if the alien is not described in section
1182(a)(3)(E) of this title.
(3) Upon the approval of adjustment of status
under paragraph (1) or (2), the Attorney General
shall record the alien’s lawful admission for permanent residence as of the date of such approval
and the Secretary of State shall reduce by one
the number of visas authorized to be issued
under sections 1151(d) and 1153(b)(4) of this title
for the fiscal year then current.
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153(b) of this title (or, in the case of an
alien who is an immigrant described in section
1101(a)(27)(C) of this title, under section
1153(b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of
this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the
United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a
lawful status;
(B) engaged in unauthorized employment;
or
(C) otherwise violated the terms and conditions of the alien’s admission.
(l) Adjustment of status for victims of trafficking
(1) If, in the opinion of the Secretary of Homeland Security, or in the case of subparagraph
(C)(i), in the opinion of the Secretary of Homeland Security, in consultation with the Attorney General, as appropriate 3 a nonimmigrant
admitted into the United States under section
1101(a)(15)(T)(i) of this title—
(A) has been physically present in the United
States for a continuous period of at least 3
years since the date of admission as a nonimmigrant under section 1101(a)(15)(T)(i) of
this title, or has been physically present in the
United States for a continuous period during
the investigation or prosecution of acts of
trafficking and that, in the opinion of the Attorney General, the investigation or prosecution is complete, whichever period of time is
less;
(B) subject to paragraph (6), has, throughout
such period, been a person of good moral character; and
(C)(i) has, during such period, complied with
any reasonable request for assistance in the
investigation or prosecution of acts of trafficking;
(ii) the alien 4 would suffer extreme hardship
involving unusual and severe harm upon removal from the United States; or
3 So
4 So

pear.

in original. Probably should be followed by a comma.
in original. The words ‘‘the alien’’ probably should not ap-

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TITLE 8—ALIENS AND NATIONALITY

(iii) was younger than 18 years of age at the
time of the victimization qualifying the alien
for relief under section 1101(a)(15)(T) of this
title.5
the Secretary of Homeland Security may adjust
the status of the alien (and any person admitted
under section 1101(a)(15)(T)(ii) of this title as the
spouse, parent, sibling, or child of the alien) to
that of an alien lawfully admitted for permanent residence.
(2) Paragraph (1) shall not apply to an alien
admitted under section 1101(a)(15)(T) of this title
who is inadmissible to the United States by reason of a ground that has not been waived under
section 1182 of this title, except that, if the Secretary of Homeland Security considers it to be
in the national interest to do so, the Secretary
of Homeland Security, in the Attorney General’s 6 discretion, may waive the application
of—
(A) paragraphs (1) and (4) of section 1182(a) of
this title; and
(B) any other provision of such section (excluding paragraphs (3), (10)(C), and (10(E)),7 if
the activities rendering the alien inadmissible
under the provision were caused by, or were
incident to, the victimization described in section 1101(a)(15)(T)(i)(I) of this title.
(3) An alien shall be considered to have failed
to maintain continuous physical presence in the
United States under paragraph (1)(A) if the alien
has departed from the United States for any period in excess of 90 days or for any periods in the
aggregate exceeding 180 days, unless—
(A) the absence was necessary to assist in
the investigation or prosecution described in
paragraph (1)(A); or
(B) an official involved in the investigation
or prosecution certifies that the absence was
otherwise justified.
(4)(A) The total number of aliens whose status
may be adjusted under paragraph (1) during any
fiscal year may not exceed 5,000.
(B) The numerical limitation of subparagraph
(A) shall only apply to principal aliens and not
to the spouses, sons, daughters, siblings, or parents of such aliens.
(5) Upon the approval of adjustment of status
under paragraph (1), the Secretary of Homeland
Security shall record the alien’s lawful admission for permanent residence as of the date of
such approval.
(6) For purposes of paragraph (1)(B), the Secretary of Homeland Security may waive consideration of a disqualification from good moral
character with respect to an alien if the disqualification was caused by, or incident to, the
trafficking
described
in
section
1101(a)(15)(T)(i)(I) of this title.
(7) The Secretary of Homeland Security shall
permit aliens to apply for a waiver of any fees
associated with filing an application for relief
through final adjudication of the adjustment of
status for a VAWA self-petitioner and for relief
under sections 1101(a)(15)(T), 1101(a)(15)(U), 1105a,
1229b(b)(2), and 1254a(a)(3) of this title (as in effect on March 31, 1997).
5 So

in original. The period probably should be a comma.
in original. Probably should be ‘‘Secretary’s’’.
7 So in original. Probably should be ‘‘(10)(E)),’’.
6 So

§ 1255

(m) Adjustment of status for victims of crimes
against women
(1) The Secretary of Homeland Security may
adjust the status of an alien admitted into the
United States (or otherwise provided nonimmigrant status) under section 1101(a)(15)(U) of
this title to that of an alien lawfully admitted
for permanent residence if the alien is not described in section 1182(a)(3)(E) of this title, unless the Secretary determines based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal investigation or prosecution, if—
(A) the alien has been physically present in
the United States for a continuous period of at
least 3 years since the date of admission as a
nonimmigrant under clause (i) or (ii) of section 1101(a)(15)(U) of this title; and
(B) in the opinion of the Secretary of Homeland Security, the alien’s continued presence
in the United States is justified on humanitarian grounds, to ensure family unity, or is
otherwise in the public interest.
(2) An alien shall be considered to have failed
to maintain continuous physical presence in the
United States under paragraph (1)(A) if the alien
has departed from the United States for any period in excess of 90 days or for any periods in the
aggregate exceeding 180 days unless the absence
is in order to assist in the investigation or prosecution or unless an official involved in the investigation or prosecution certifies that the absence was otherwise justified.
(3) Upon approval of adjustment of status
under paragraph (1) of an alien described in section 1101(a)(15)(U)(i) of this title the Secretary of
Homeland Security may adjust the status of or
issue an immigrant visa to a spouse, a child, or,
in the case of an alien child, a parent who did
not receive a nonimmigrant visa under section
1101(a)(15)(U)(ii) of this title if the Secretary
considers the grant of such status or visa necessary to avoid extreme hardship.
(4) Upon the approval of adjustment of status
under paragraph (1) or (3), the Secretary of
Homeland Security shall record the alien’s lawful admission for permanent residence as of the
date of such approval.
(5)(A) The Secretary of Homeland Security
shall consult with the Attorney General, as appropriate, in making a determination under
paragraph (1) whether affirmative evidence demonstrates that the alien unreasonably refused to
provide assistance to a Federal law enforcement
official, Federal prosecutor, Federal judge, or
other Federal authority investigating or prosecuting criminal activity described in section
1101(a)(15)(U)(iii) of this title.
(B) Nothing in paragraph (1)(B) may be construed to prevent the Secretary from consulting
with the Attorney General in making a determination whether affirmative evidence demonstrates that the alien unreasonably refused to
provide assistance to a State or local law enforcement official, State or local prosecutor,
State or local judge, or other State or local authority investigating or prosecuting criminal
activity described in section 1101(a)(15)(U)(iii) of
this title.
(June 27, 1952, ch. 477, title II, ch. 5, § 245, 66 Stat.
217; Pub. L. 85–700, § 1, Aug. 21, 1958, 72 Stat. 699;

§ 1255

TITLE 8—ALIENS AND NATIONALITY

Pub. L. 86–648, § 10, July 14, 1960, 74 Stat. 505;
Pub. L. 89–236, § 13, Oct. 3, 1965, 79 Stat. 918; Pub.
L. 94–571, § 6, Oct. 20, 1976, 90 Stat. 2705; Pub. L.
97–116, § 5(d)(2), Dec. 29, 1981, 95 Stat. 1614; Pub.
L. 99–603, title I, § 117, title III, § 313(c), Nov. 6,
1986, 100 Stat. 3384, 3438; Pub. L. 99–639, §§ 2(e),
3(b), 5(a), Nov. 10, 1986, 100 Stat. 3542, 3543; Pub.
L. 100–525, §§ 2(f)(1), (p)(3), 7(b), Oct. 24, 1988, 102
Stat. 2611, 2613, 2616; Pub. L. 101–649, title I,
§§ 121(b)(4), 162(e)(3), title VII, § 702(a), Nov. 29,
1990, 104 Stat. 5011, 5086; Pub. L. 102–110, § 2(c),
Oct. 1, 1991, 105 Stat. 556; Pub. L. 102–232, title
III, §§ 302(d)(2), (e)(7), 308(a), Dec. 12, 1991, 105
Stat. 1744, 1746, 1757; Pub. L. 103–317, title V,
§ 506(b), Aug. 26, 1994, 108 Stat. 1765; Pub. L.
103–322, title XIII, § 130003(c), Sept. 13, 1994, 108
Stat. 2025; Pub. L. 103–416, title II, § 219(k), Oct.
25, 1994, 108 Stat. 4317; Pub. L. 104–132, title IV,
§ 413(d), Apr. 24, 1996, 110 Stat. 1269; Pub. L.
104–208, div. C, title III, §§ 308(f)(1)(O), (2)(C),
(g)(10)(B), 375, 376(a), title VI, § 671(a)(4)(A), (5),
Sept. 30, 1996, 110 Stat. 3009–621, 3009–625,
3009–648, 3009–721; Pub. L. 105–119, title I, §§ 110(3),
111(a), (c), Nov. 26, 1997, 111 Stat. 2458; Pub. L.
106–386, div. A, § 107(f), div. B, title V,
§§ 1506(a)(1), 1513(f), Oct. 28, 2000, 114 Stat. 1479,
1527, 1536; Pub. L. 106–553, § 1(a)(2) [title XI,
§§ 1102(c), (d)(2), 1103(c)(3)], Dec. 21, 2000, 114 Stat.
2762, 2762A–143 to 2762A–145; Pub. L. 106–554,
§ 1(a)(4) [div. B, title XV, § 1502], Dec. 21, 2000, 114
Stat. 2763, 2763A–324; Pub. L. 108–193, §§ 4(b)(3),
8(a)(4), Dec. 19, 2003, 117 Stat. 2879, 2886; Pub. L.
109–162, title VIII, § 803, Jan. 5, 2006, 119 Stat.
3054; Pub. L. 109–271, § 6(f), Aug. 12, 2006, 120 Stat.
763; Pub. L. 110–457, title II, §§ 201(d), (e),
235(d)(3), Dec. 23, 2008, 122 Stat. 5053, 5054, 5080.)
REFERENCES IN TEXT
Subsection (p) of section 1184 of this title, referred to
in subsec. (e)(3), was redesignated subsec. (r) of section
1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117 Stat.
2886.
Section 202 of the Immigration Reform and Control
Act of 1986, referred to in subsec. (i)(1), is section 202 of
Pub. L. 99–603, which is set out as a note under section
1255a of this title.
Section 301 of the Immigration Act of 1990, referred to
in subsec. (i)(1)(iii), is section 301 of Pub. L. 101–649,
which is set out as a note under section 1255a of this
title.
AMENDMENTS
2008—Subsec. (h)(2)(A). Pub. L. 110–457, § 235(d)(3),
amended subpar. (A) generally. Prior to amendment,
subpar. (A) read as follows: ‘‘paragraphs (4), (5)(A), and
(7)(A) of section 1182(a) of this title shall not apply,
and’’.
Subsec. (l)(1). Pub. L. 110–457, § 201(d)(1)(C)(ii), which
directed amendment of subpar. (C)(ii) by striking out
‘‘, or in the case of subparagraph (C)(i), the Attorney
General, as appropriate’’, was executed by striking out
‘‘, or in the case of subparagraph (C)(i), the Attorney
General,’’ before ‘‘may adjust’’ in concluding provisions
of par. (1), to reflect the probable intent of Congress.
Pub. L. 110–457, § 201(d)(1)(A), substituted ‘‘in the
opinion of the Secretary of Homeland Security, in consultation with the Attorney General, as appropriate’’
for ‘‘the Attorney General,,’’ in introductory provisions.
Subsec. (l)(1)(B). Pub. L. 110–457, § 201(d)(1)(B), inserted ‘‘subject to paragraph (6),’’ after subpar. designation and substituted ‘‘; and’’ for ‘‘, and’’.
Subsec. (l)(1)(C)(i). Pub. L. 110–457, § 201(d)(1)(C)(i),
substituted semicolon for ‘‘, or’’.
Subsec.
(l)(1)(C)(ii),
(iii).
Pub.
L.
110–457,
§ 201(d)(1)(C)(iii), which directed amendment of subpar.

Page 306

(C) by substituting ‘‘; or’’ for period at end and adding
cl. (iii), was executed by making the substitution for
comma at end of cl. (ii) and adding cl. (iii), to reflect
the probable intent of Congress.
Subsec. (l)(3). Pub. L. 110–457, § 201(d)(2), substituted
‘‘, unless—’’ for period at end and added subpars. (A)
and (B).
Subsec. (l)(6), (7). Pub. L. 110–457, § 201(d)(3), added
pars. (6) and (7).
Subsec. (m)(1). Pub. L. 110–457, § 201(e)(1), substituted
‘‘unless the Secretary’’ for ‘‘unless the Attorney General’’ in introductory provisions.
Subsec. (m)(5). Pub. L. 110–457, § 201(e)(2), added par.
(5).
2006—Subsec. (a). Pub. L. 109–271, § 6(f)(1), substituted
‘‘as a VAWA self-petitioner’’ for ‘‘under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of
this title or’’.
Subsec. (c). Pub. L. 109–271, § 6(f)(2), substituted ‘‘as a
VAWA self-petitioner’’ for ‘‘under subparagraph
(A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv)
of section 1154(a)(1) of this title’’.
Subsec. (l)(1). Pub. L. 109–162, § 803(a)(1)(A), substituted ‘‘Secretary of Homeland Security, or in the
case of subparagraph (C)(i), the Attorney General,’’ for
‘‘Attorney General’’ in two places.
Subsec. (l)(1)(A), Pub. L. 109–162, § 803(a)(1)(B), inserted at end ‘‘or has been physically present in the
United States for a continuous period during the investigation or prosecution of acts of trafficking and that,
in the opinion of the Attorney General, the investigation or prosecution is complete, whichever period of
time is less;’’.
Subsec. (l)(2). Pub. L. 109–162, § 803(a)(2), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ in two places.
Subsec. (l)(5). Pub. L. 109–162, § 803(a)(3), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’.
Subsec. (m)(1). Pub. L. 109–162, § 803(b)(1)(A), substituted ‘‘Secretary of Homeland Security may adjust’’
for ‘‘Attorney General may adjust’’ in introductory
provisions.
Subsec. (m)(1)(B). Pub. L. 109–162, § 803(b)(1)(B), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’.
Subsec. (m)(3). Pub. L. 109–162, § 803(b)(2), substituted
‘‘Secretary of Homeland Security may adjust’’ for ‘‘Attorney General may adjust’’ and ‘‘Secretary considers’’
for ‘‘Attorney General considers’’.
Subsec. (m)(4). Pub. L. 109–162, § 803(b)(3), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’.
2003—Subsec. (l). Pub. L. 108–193, § 8(a)(4)(B), redesignated subsec. (l), relating to adjustment of status for
victims of crimes against women, as (m).
Subsec. (l)(1). Pub. L. 108–193, § 4(b)(3)(A), in concluding provisions, substituted ‘‘admitted under section
1101(a)(15)(T)(ii) of this title’’ for ‘‘admitted under that
section’’ and inserted ‘‘sibling,’’ after ‘‘parent,’’.
Subsec. (l)(2). Pub. L. 108–193, § 8(a)(4)(A), redesignated
par. (2), relating to alien’s maintenance of continuous
physical presence, as (3).
Subsec. (l)(3). Pub. L. 108–193, § 8(a)(4)(A), redesignated
par. (2), relating to alien’s maintenance of continuous
physical presence, as (3). Former par. (3) redesignated
(4).
Subsec. (l)(3)(B). Pub. L. 108–193, § 4(b)(3)(B), inserted
‘‘siblings,’’ after ‘‘daughters,’’.
Subsec. (l)(4), (5). Pub. L. 108–193, § 8(a)(4)(A), redesignated pars. (3) and (4) as (4) and (5), respectively.
Subsec. (m). Pub. L. 108–193, § 8(a)(4)(B), redesignated
subsec. (l), relating to adjustment of status for victims
of crimes against women, as (m).
2000—Subsec. (a). Pub. L. 106–386, § 1506(a)(1)(A), which
directed the insertion of ‘‘or the status of any other
alien having an approved petition for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 1154(a)(1) of this title or’’ after ‘‘into the United
States.’’, was executed by making the insertion after

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TITLE 8—ALIENS AND NATIONALITY

‘‘into the United States’’ to reflect the probable intent
of Congress.
Subsec. (c). Pub. L. 106–386, § 1506(a)(1)(B), substituted
‘‘Other than an alien having an approved petition for
classification under subparagraph (A)(iii), (A)(iv),
(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section
1154(a)(1) of this title, subsection (a) of this section
shall not be applicable to’’ for ‘‘Subsection (a) of this
section shall not be applicable to’’.
Subsec. (d). Pub. L. 106–554, § 1(a)(4) [div. B, title XV,
§ 1502(b)(2)], struck out ‘‘or (m)’’ after ‘‘under subsection (a)’’ in two places.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(3)(A)],
struck out ‘‘(relating to an alien fiancee or fiance or
the minor child of such alien)’’ before ‘‘except to that
of an alien’’.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(A)], substituted ‘‘under subsection (a) or (m) of this section,’’
for ‘‘under subsection (a) of this section,’’ in two
places.
Subsec. (e)(1). Pub. L. 106–554, § 1(a)(4) [div. B, title
XV, § 1502(b)(2)], struck out ‘‘or (m)’’ after ‘‘under subsection (a)’’.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(B)], substituted ‘‘subsection (a) or (m)’’ for ‘‘subsection (a)’’.
Subsec. (e)(3). Pub. L. 106–553, § 1(a)(2) [title XI,
§ 1103(c)(3)(B)], substituted ‘‘section 1154(a) of this title
or subsection (d) or (p) of section 1184 of this title’’ for
‘‘section 1154(a) or 1184(d) of this title’’.
Subsec. (f). Pub. L. 106–554, § 1(a)(4) [div. B, title XV,
§ 1502(b)(2)], struck out ‘‘or (m)’’ after ‘‘under subsection (a)’’.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(A)], substituted ‘‘under subsection (a) or (m) of this section,’’
for ‘‘under subsection (a) of this section,’’.
Subsec. (i)(1)(B)(i). Pub. L. 106–554, § 1(a)(4) [div. B,
title XV, § 1502(a)(1)(B)], substituted ‘‘April 30, 2001’’ for
‘‘January 14, 1998’’.
Subsec. (i)(1)(C). Pub. L. 106–554, § 1(a)(4) [div. B, title
XV, § 1502(a)(1)(A), (C), (D)], added subpar. (C).
Subsec. (i)(3)(B). Pub. L. 106–554, § 1(a)(4) [div. B, title
XV, § 1502(a)(2)], inserted before period at end ‘‘, except
that in the case of fees attributable to applications for
a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14,
1998, one-half of such remaining portion shall be deposited by the Attorney General into the Immigration Examinations Fee Account established under section
1356(m) of this title’’.
Subsec. (l). Pub. L. 106–386, § 1513(f), added subsec. (l)
relating to adjustment of status for victims of crimes
against women.
Pub. L. 106–386, § 107(f), added subsec. (l) relating to
adjustment of status for victims of trafficking.
Subsec. (m). Pub. L. 106–554, § 1(a)(4) [div. B, title XV,
§ 1502(b)(1)], struck out subsec. (m), which related to adjustment of status of nonimmigrant described in section 1101(a)(15)(V) of this title who was determined to
have been physically present in the United States at
any time during period beginning July 1, 2000, and ending Oct. 1, 2000.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(c)], added subsec. (m).
1997—Subsec. (c)(2). Pub. L. 105–119, § 111(c)(1), substituted ‘‘(2) subject to subsection (k) of this section,
an alien (other than’’ for ‘‘(2) an alien (other than’’.
Subsec. (i)(1). Pub. L. 105–119, § 111(a), substituted
first sentence for prior first sentence which read as follows: ‘‘Notwithstanding the provisions of subsections
(a) and (c) of this section, an alien physically present
in the United States who—
‘‘(A) entered the United States without inspection;
or
‘‘(B) is within one of the classes enumerated in subsection (c) of this section,
may apply to the Attorney General for the adjustment
of his or her status to that of an alien lawfully admitted for permanent residence.’’
Subsec. (i)(3)(B). Pub. L. 105–119, § 110(3), substituted
‘‘Breached Bond/Detention Fund established under sec-

§ 1255

tion 1356(r) of this title’’ for ‘‘Immigration Detention
Account established under section 1356(s) of this title’’.
Subsec. (k). Pub. L. 105–119, § 111(c)(2), added subsec.
(k).
1996—Subsec. (c)(6). Pub. L. 104–208, § 308(g)(10)(B),
substituted
‘‘section
1227(a)(4)(B)’’
for
‘‘section
1251(a)(4)(B)’’.
Pub. L. 104–132 added cl. (6).
Subsec. (c)(7), (8). Pub. L. 104–208, § 375, added cls. (7)
and (8).
Subsec. (e)(2). Pub. L. 104–208, § 308(f)(2)(C), substituted ‘‘be admitted’’ for ‘‘enter’’.
Subsec. (e)(3). Pub. L. 104–208, § 308(f)(1)(O), substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (i). Pub. L. 104–208, § 671(a)(4)(A), redesignated
subsec. (i), relating to adjustment to permanent resident status, as (j).
Subsec. (i)(1). Pub. L. 104–208, § 376(a)(1), substituted
‘‘$1,000’’ for ‘‘five times the fee required for the processing of applications under this section’’.
Subsec. (i)(3). Pub. L. 104–208, § 376(a)(2), amended par.
(3) generally. Prior to amendment, par. (3) read as follows: ‘‘Sums remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be
disposed of by the Attorney General as provided in sections 1356(m), (n), and (o) of this title.’’
Subsec. (j). Pub. L. 104–208, § 671(a)(4)(A), redesignated
subsec. (i), relating to adjustment to permanent resident status, as (j).
Subsec. (j)(3). Pub. L. 104–208, § 671(a)(5), substituted
‘‘paragraph (1) or (2)’’ for ‘‘paragraphs (1) or (2)’’.
1994—Subsec. (c)(5). Pub. L. 103–322, § 130003(c)(2),
added cl. (5).
Subsec. (h)(2)(B). Pub. L. 103–416 substituted ‘‘and
(3)(E)’’ for ‘‘or (3)(E)’’.
Subsec. (i). Pub. L. 103–322, § 130003(c)(1), added subsec.
(i) relating to adjustment to permanent resident
status.
Pub. L. 103–317, § 506(b), added subsec. (i) relating to
adjustment in status of certain aliens physically
present in United States.
1991—Subsec. (b). Pub. L. 102–232, § 302(e)(7), substituted ‘‘sections 1152 and 1153’’ for ‘‘sections 1151(a)’’
and ‘‘for the fiscal year then current’’ for ‘‘for the succeeding fiscal year’’.
Subsec. (c)(2). Pub. L. 102–232, § 302(d)(2)(A), inserted
‘‘(J),’’ after ‘‘(I),’’.
Pub. L. 102–110, § 2(c)(1), substituted ‘‘, (I), or (K)’’ for
‘‘or (I)’’.
Subsec. (e)(3). Pub. L. 102–232, § 308(a), substituted
‘‘section 1154(g)’’ for ‘‘section 1154(h)’’.
Subsec. (g). Pub. L. 102–110, § 2(c)(2), added subsec. (g).
Subsec. (h). Pub. L. 102–232, § 302(d)(2)(B), added subsec. (h).
1990—Subsec. (b). Pub. L. 101–649, § 162(e)(3), struck
out ‘‘or nonpreference’’ after ‘‘number of the preference’’ and substituted ‘‘1151(a)’’ for ‘‘1152(e) or
1153(a)’’ and ‘‘succeeding fiscal year’’ for ‘‘fiscal year
then current’’.
Subsec. (e)(1). Pub. L. 101–649, § 702(a)(1), substituted
‘‘Except as provided in paragraph (3), an alien’’ for ‘‘An
alien’’.
Subsec. (e)(3). Pub. L. 101–649, § 702(a)(2), added par.
(3).
Subsec. (f). Pub. L. 101–649, § 121(b)(4), added subsec.
(f).
1988—Subsec. (c)(2). Pub. L. 100–525, § 2(f)(1), substituted ‘‘1101(a)(27)(H) or (I)’’ for ‘‘1101(a)(27)(H)’’, inserted ‘‘or’’ after ‘‘no fault of his own’’, and substituted
‘‘in unlawful’’ for ‘‘not in legal’’ and ‘‘lawful status’’ for
‘‘legal status’’.
Subsec. (c)(4). Pub. L. 100–525, § 2(p)(3), made technical
correction to Pub. L. 99–603, § 313(c). See 1986 Amendment note below.
Subsec. (d). Pub. L. 100–525, § 7(b), amended Pub. L.
99–639, § 3(b). See 1986 Amendment note below.
1986—Subsec. (c). Pub. L. 99–639, § 5(a)(1), substituted
‘‘Subsection (a) of this section’’ for ‘‘The provisions of
this section’’.
Subsec. (c)(2). Pub. L. 99–603, § 117, inserted ‘‘or who is
not in legal immigration status on the date of filing

§ 1255

TITLE 8—ALIENS AND NATIONALITY

the application for adjustment or who has failed (other
than through no fault of his own for technical reasons)
to maintain continuously a legal status since entry
into the United States’’.
Subsec. (c)(4). Pub. L. 99–603, § 313(c), as amended by
Pub. L. 100–525, § 2(p)(3), added cl. (4).
Subsec. (d). Pub. L. 99–639, § 3(b), as amended by Pub.
L. 100–525, § 7(b), inserted ‘‘The Attorney General may
not adjust, under subsection (a) of this section, the
status of a nonimmigrant alien described in section
1101(a)(15)(K) of this title (relating to an alien fiancee
or fiance or the minor child of such alien) except to
that of an alien lawfully admitted to the United States
on a conditional basis under section 1186a of this title
as a result of the marriage of the nonimmigrant (or, in
the case of a minor child, the parent) to the citizen who
filed the petition to accord that alien’s nonimmigrant
status under section 1101(a)(15)(K) of this title.’’
Pub. L. 99–639, § 2(e), added subsec. (d).
Subsec. (e). Pub. L. 99–639, § 5(a)(2), added subsec. (e).
1981—Subsec. (c)(2). Pub. L. 97–116 inserted ‘‘or a special immigrant described in section 1101(a)(27)(H) of
this title’’ after ‘‘section 1151(b) of this title’’.
1976—Subsec. (a). Pub. L. 94–571 struck out ‘‘, other
than alien crewman,’’ after ‘‘status of an alien’’ and
substituted ‘‘filed’’ for ‘‘approved’’.
Subsec. (b). Pub. L. 94–571 inserted reference to section 1152(e) of this title and struck out comma after
‘‘chargeable’’.
Subsec. (c). Pub. L. 94–571 substituted provision making the section inapplicable to alien crewmen, aliens
continuing or accepting unauthorized employment, and
aliens admitted in transit without visa for provision
making the section inapplicable to natives of contiguous country or adjacent island.
1965—Subsec. (b). Pub. L. 89–236, § 13(a), struck out
reference to quota area to which the alien is chargeable
under section 1152 of this title and substituted reference to number of preference or nonpreference visas
authorized to be issued under section 1153(a) of this
title within the class to which the alien is chargeable.
Subsec. (c). Pub. L. 89–236, § 13(b), substituted ‘‘any
country of the Western Hemisphere’’ for ‘‘any country
contiguous to the United States’’.
1960—Subsec. (a). Pub. L. 86–648 substituted ‘‘alien,
other than an alien crewman, who was inspected and
admitted or paroled into the United States’’ for ‘‘alien
who was admitted to the United States as a bona fide
nonimmigrant’’, struck out former cl. (3) which read
‘‘an immigrant visa was immediately available to him
at the time of his application’’, redesignated cl. (4) as
(3), and struck out concluding sentence which read as
follows: ‘‘A quota immigrant visa shall be considered
immediately available for the purposes of this subsection only if the portion of the quota to which the
alien is chargeable is undersubscribed by applicants
registered on a consular waiting list.’’
1958—Pub. L. 85–700 among other changes, substituted
provisions allowing adjustment of status of alien who
was admitted as a bona fide nonimmigrant to that of
an alien lawfully admitted for permanent residence, for
provisions allowing adjustment of status of alien who
was lawfully admitted as a bona fide nonimmigrant and
continued to maintain that status, to that of a permanent resident either as a quota immigrant or as a nonquota immigrant claiming nonquota status as the
spouse or child of a citizen under certain specified conditions, by striking out provision terminating nonimmigrant quota status of alien who files application
for adjustment of status, and by adding subsec. (c).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by section 201 of 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.
EFFECTIVE DATE OF 2000 AMENDMENTS
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1506], Dec.
21, 2000, 114 Stat. 2763, 2763A–328, provided that: ‘‘This

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title [amending this section, enacting provisions set
out as notes under this section, and amending provisions set out as notes under this section and section
1101 of this title] shall take effect as if included in the
enactment of the Legal Immigration Family Equity
Act [see Short Title of 2000 Amendments note set out
under section 1101 of this title].’’
Amendment by section 1(a)(2) [title XI, § 1102(c),
(d)(2)] of Pub. L. 106–553 effective Dec. 21, 2000, and applicable to an alien who is the beneficiary of a 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(c)(3)] of
Pub. L. 106–553 effective Dec. 21, 2000, and applicable to
an alien who is the beneficiary of a 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. 106–386, div. B, title V, § 1506(a)(2), Oct. 28,
2000, 114 Stat. 1527, provided that: ‘‘The amendments
made by paragraph (1) [amending this section] shall
apply to applications for adjustment of status pending
on or made on or after January 14, 1998.’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 308(f)(1)(O), (2)(C), (g)(10)(B) 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.
Section 376(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this section [amending this section and section 1356 of this title] shall
apply to applications made on or after the end of the
90-day period beginning on the date of the enactment of
this Act [Sept. 30, 1996].’’
Amendment by section 671(a)(4)(A), (5) 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.
Amendment by Pub. L. 104–132 effective Apr. 24, 1996,
and applicable to applications filed before, on, or after
such date if final action not yet taken on them before
such date see section 413(g) of Pub. L. 104–132, set out
as a note under section 1253 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
Amendment by Pub. L. 103–317 effective Oct. 1, 1994,
see section 506(c) of Pub. L. 103–317, as amended, set out
as an Effective and Termination Dates of 1994 Amendment note under section 1182 of this title.
EFFECTIVE DATE OF 1991 AMENDMENTS
Amendment by section 302(d)(2), (e)(7) 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.
Section 308(a) of Pub. L. 102–232 provided that the
amendment made by that section is effective Oct. 1,
1991.
Amendment by Pub. L. 102–110 effective 60 days after
Oct. 1, 1991, see section 2(d) of Pub. L. 102–110, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 121(b)(4), 162(e)(3) of Pub. L.
101–649 effective Oct. 1, 1991, and applicable beginning
with fiscal year 1992, see section 161(a) of Pub. L.
101–649, set out as a note under section 1101 of this title.

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Amendment by section 702(a) of Pub. L. 101–649 applicable to marriages entered into before, on, or after Nov.
29, 1990, see section 702(c) of Pub. L. 101–649, set out as
a note under section 1154 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 2(f)(2) of Pub. L. 100–525 provided that: ‘‘The
amendments made by paragraph (1) [amending this section] and by section 117 of IRCA [section 117 of Pub. L.
99–603, amending this section] shall apply to applications for adjustment of status filed on or after November 6, 1986.’’
Amendment by section 2(f)(1), (p)(3) of 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 a note under section 1101 of this title.
Amendment by section 7(b) of Pub. L. 100–525 effective as if included in enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L. 99–639, see section 7(d) of Pub. L. 100–525, set out as a note under section 1182 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 3(d)(2) of Pub. L. 99–639 provided that: ‘‘The
amendment made by subsection (b) [amending this section] shall apply to adjustments occurring on or after
the date of the enactment of this Act [Nov. 10, 1986].’’
Amendment by section 5(a) of Pub. L. 99–639 applicable to marriages entered into on or after Nov. 10, 1986,
see section 5(c) of Pub. L. 99–639, set out as a note under
section 1154 of this title.
Amendment by section 117 of Pub. L. 99–603 applicable
to applications for adjustment of status filed on or
after Nov. 6, 1986, see section 2(f)(2) of Pub. L. 100–525,
set out as an Effective Date of 1988 Amendment note
above.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
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.
ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN
ORPHANS
Pub. L. 111–293, Dec. 9, 2010, 124 Stat. 3175, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as—
‘‘(1) the ‘Help Haitian Adoptees Immediately to Integrate Act of 2010’; or
‘‘(2) the ‘Help HAITI Act of 2010’.
‘‘SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN
HAITIAN ORPHANS.
‘‘(a) IN GENERAL.—The Secretary of Homeland Security may adjust the status of an alien to that of an
alien lawfully admitted for permanent residence if the
alien—
‘‘(1) was inspected and granted parole into the
United States pursuant to the humanitarian parole

§ 1255

policy for certain Haitian orphans announced by the
Secretary of Homeland Security on January 18, 2010,
and suspended as to new applications on April 15,
2010;
‘‘(2) is physically present in the United States;
‘‘(3) is admissible to the United States as an immigrant, except as provided in subsection (c); and
‘‘(4) files an application for an adjustment of status
under this section not later than 3 years after the
date of the enactment of this Act [Dec. 9, 2010].
‘‘(b) NUMERICAL LIMITATION.—The number of aliens
who are granted the status of an alien lawfully admitted for permanent residence under this section shall
not exceed 1400.
OF
INADMISSIBILITY.—Section
‘‘(c)
GROUNDS
212(a)(7)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(7)(A)) shall not apply to an alien seeking
an adjustment of status under this section.
‘‘(d) VISA AVAILABILITY.—The Secretary of State
shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for any
alien granted the status of having been lawfully admitted for permanent residence under this section.
‘‘(e) ALIENS DEEMED TO MEET DEFINITION OF CHILD.—
An unmarried alien described in subsection (a) who is
under the age of 18 years shall be deemed to satisfy the
requirements applicable to adopted children under section 101(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1)) if—
‘‘(1) the alien obtained adjustment of status under
this section; and
‘‘(2) a citizen of the United States adopted the alien
prior to, on, or after the date of the decision granting
such adjustment of status.
‘‘(f) NO IMMIGRATION BENEFITS FOR BIRTH PARENTS.—
No birth parent of an alien who obtains adjustment of
status under this section shall thereafter, by virtue of
such parentage, be accorded any right, privilege, or
status under this section or the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
‘‘SEC. 3. COMPLIANCE WITH PAYGO.
‘‘The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of
2010 [2 U.S.C. 931 et seq.], shall be determined by reference to the latest statement titled ‘Budgetary Effects
of PAYGO Legislation’ for this Act, submitted for
printing in the Congressional Record by the Chairman
of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.’’
PERMITTING MOTION TO REOPEN
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(a)(2)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–326, provided that:
‘‘Notwithstanding any time and number limitations
imposed by law on motions to reopen exclusion, removal, or deportation proceedings (except limitations
premised on an alien’s conviction of an aggravated felony (as defined by section 101(a) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)])), a national of
Cuba or Nicaragua who has become eligible for adjustment of status under the Nicaraguan Adjustment and
Central American Relief Act [see Short Title of 1997
Amendments note set out under section 1101 of this
title] as a result of the amendments made by paragraph
(1) [amending section 202 of Pub. L. 105–100, set out
below], may file one motion to reopen exclusion, deportation, or removal proceedings to apply for such adjustment under that Act. The scope of any proceeding reopened on this basis shall be limited to a determination
of the alien’s eligibility for adjustment of status under
that Act. All such motions shall be filed within 180
days of the date of the enactment of this Act [Dec. 21,
2000].’’
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(b)(2)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–327, provided that:
‘‘Notwithstanding any time and number limitations
imposed by law on motions to reopen exclusion, re-

§ 1255

TITLE 8—ALIENS AND NATIONALITY

moval, or deportation proceedings (except limitations
premised on an alien’s conviction of an aggravated felony (as defined by section 101(a) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)])), a national of
Haiti who has become eligible for adjustment of status
under the Haitian Refugee Immigration Fairness Act of
1998 [see Short Title of 1998 Amendments note set out
under section 1101 of this title] as a result of the
amendments made by paragraph (1) [amending section
902 of section 101(h) of div. A of Pub. L. 105–277, set out
below], may file one motion to reopen exclusion, deportation, or removal proceedings to apply for such adjustment under that Act. The scope of any proceeding reopened on this basis shall be limited to a determination
of the alien’s eligibility for adjustment of status under
that Act. All such motions shall be filed within 180
days of the date of the enactment of this Act [Dec. 21,
2000].’’
ADJUSTMENT OF STATUS OF CERTAIN JEWISH SYRIAN
NATIONALS
Pub. L. 106–378, Oct. 27, 2000, 114 Stat. 1442, provided
for adjustment of status from asylee to lawful permanent residence of not more than 2,000 persons, who
must be either (1) Jewish nationals of Syria, who arrived in the United States after Dec. 31, 1991, after
being permitted by the Syrian Government to depart
from Syria, and were physically present in the United
States at the time of filing the application for adjustment of status, or (2) who were the spouse, child, or unmarried son or daughter of such an alien provided that
any such eligible person either applied for such adjustment of status not later than 1 year after Oct. 27, 2000,
or applied for adjustment of status under this chapter
before Oct. 27, 2000, had been physically present in the
United States for at least 1 year after being granted
asylum; was not firmly resettled in any foreign country; and was admissible as an immigrant under this
chapter at the time of examination for adjustment of
such alien.
ADJUSTMENT OF STATUS OF CERTAIN HAITIAN
NATIONALS
Pub. L. 105–277, div. A, § 101(h) [title IX, § 902], Oct. 21,
1998, 112 Stat. 2681–480, 2681–538; as amended by Pub. L.
106–386, div. B, title V, § 1511(a), Oct. 28, 2000, 114 Stat.
1532; Pub. L. 106–554, § 1(a)(4) [div. B, title XV,
§ 1505(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–326; Pub.
L. 109–162, title VIII, § 824(a), Jan. 5, 2006, 119 Stat. 3063;
Pub. L. 110–161, div. H, title I, § 1502(d), Dec. 26, 2007, 121
Stat. 2250, provided that:
‘‘(a) ADJUSTMENT OF STATUS.—
‘‘(1) IN GENERAL.—The status of any alien described
in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent residence, if the alien—
‘‘(A) applies for such adjustment before April 1,
2000; and
‘‘(B) is otherwise admissible to the United States
for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A),
and (9)(B) of section 212(a) of the Immigration and
Nationality Act [8 U.S.C. 1182(a)(4), (5), (6)(A),
(7)(A), (9)(B)] shall not apply.
‘‘(2) INAPPLICABILITY OF CERTAIN PROVISIONS.—In the
case of an alien described in subsection (b) or (d) who
is applying for adjustment of status under this section—
‘‘(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act [8 U.S.C. 1231(a)(5)]
shall not apply; and
‘‘(B) the Attorney General may grant the alien a
waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such
Act [8 U.S.C. 1182(a)(9)].
In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting
consent under subparagraphs (A)(iii) and (C)(ii) of
such section 212(a)(9).

Page 310

‘‘(3) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS.—An alien present in the United States who has
been ordered excluded, deported, removed, or ordered
to depart voluntarily from the United States under
any provision of the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] may, notwithstanding such
order, apply for adjustment of status under paragraph
(1). Such an alien may not be required, as a condition
on submitting or granting such application, to file a
separate motion to reopen, reconsider, or vacate such
order. If the Attorney General grants the application,
the Attorney General shall cancel the order. If the
Attorney General makes a final decision to deny the
application, the order shall be effective and enforceable to the same extent as if the application had not
been made.
‘‘(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—
The benefits provided by subsection (a) shall apply to
any alien who is a national of Haiti who—
‘‘(1) was present in the United States on December
31, 1995, who—
‘‘(A) filed for asylum before December 31, 1995,
‘‘(B) was paroled into the United States prior to
December 31, 1995, after having been identified as
having a credible fear of persecution, or paroled for
emergent reasons or reasons deemed strictly in the
public interest, or
‘‘(C) was a child (as defined in the text above subparagraph (A) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) at the
time of arrival in the United States and on December 31, 1995, and who—
‘‘(i) arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival,
‘‘(ii) became orphaned subsequent to arrival in
the United States, or
‘‘(iii) was abandoned by parents or guardians
prior to April 1, 1998 and has remained abandoned
since such abandonment; and
‘‘(2) has been physically present in the United
States for a continuous period beginning not later
than December 31, 1995, and ending not earlier than
the date the application for such adjustment is filed,
except that an alien shall not be considered to have
failed to maintain continuous physical presence by
reason of an absence, or absences, from the United
States for any period or periods amounting in the aggregate to not more than 180 days.
‘‘(c) STAY OF REMOVAL.—
‘‘(1) IN GENERAL.—The Attorney General shall provide by regulation for an alien who is subject to a
final order of deportation or removal or exclusion to
seek a stay of such order based on the filing of an application under subsection (a).
‘‘(2) DURING CERTAIN PROCEEDINGS.—Notwithstanding any provision of the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.], the Attorney General shall
not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act
and has applied for adjustment of status under subsection (a), except where the Attorney General has
made a final determination to deny the application.
‘‘(3) WORK AUTHORIZATION.—The Attorney General
may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of
such application and may provide the alien with an
‘employment authorized’ endorsement or other appropriate document signifying authorization of employment, except that if such application is pending
for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment.
‘‘(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN.—
‘‘(1) IN GENERAL.—The status of an alien shall be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if—

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TITLE 8—ALIENS AND NATIONALITY

‘‘(A) the alien is a national of Haiti;
‘‘(B)(i) the alien is the spouse, child, or unmarried
son or daughter of an alien who is or was eligible
for classification under subsection (a), except that,
in the case of such an unmarried son or daughter,
the son or daughter shall be required to establish
that the son or daughter has been physically
present in the United States for a continuous period beginning not later than December 1, 1995, and
ending not earlier than the date on which the application for such adjustment is filed;
‘‘(ii) at the time of filing of the application for
adjustment under subsection (a), the alien is the
spouse or child of an alien who is or was eligible for
classification under subsection (a) and the spouse,
child, or child of the spouse has been battered or
subjected to extreme cruelty by the individual described in subsection (a); and
‘‘(iii) in acting on applications under this section
with respect to spouses or children who have been
battered or subjected to extreme cruelty, the Attorney General shall apply the provisions of section
204(a)(1)(J) [8 U.S.C. 1154(a)(1)(J)].
‘‘(C) the alien applies for such adjustment and is
physically present in the United States on the date
the application is filed; and
‘‘(D) the alien is otherwise admissible to the
United States for permanent residence, except that,
in determining such admissibility, the grounds for
inadmissibility specified in paragraphs (4), (5),
(6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(4),
(5), (6)(A), (7)(A), (9)(B)] shall not apply.
‘‘(2) PROOF OF CONTINUOUS PRESENCE.—For purposes
of establishing the period of continuous physical
presence referred to in paragraph (1)(B), an alien
shall not be considered to have failed to maintain
continuous physical presence by reason of an absence,
or absences, from the United States for any period or
periods amounting in the aggregate to not more than
180 days.
‘‘(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—The
Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to,
and procedures for, administrative review as are provided to—
‘‘(1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act [8
U.S.C. 1255]; or
‘‘(2) aliens subject to removal proceedings under
section 240 of such Act [8 U.S.C. 1229a].
‘‘(f) LIMITATION ON JUDICIAL REVIEW.—A determination by the Attorney General as to whether the status
of any alien should be adjusted under this section is
final and shall not be subject to review by any court.
‘‘(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been lawfully admitted for permanent resident pursuant to this
section, the Secretary of State shall not be required to
reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
‘‘(h) APPLICATION OF IMMIGRATION AND NATIONALITY
ACT PROVISIONS.—Except as otherwise specifically provided in this title [section 101(h) [title IX] of Pub. L.
105–277, enacting sections 1377 and 1378 of this title and
provisions set out as a note under section 1101 of this
title], the definitions contained in the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the
administration of this section. Nothing contained in
this title shall be held to repeal, amend, alter, modify,
effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration
and enforcement of such Act or any other law relating
to immigration, nationality, or naturalization. The
fact that an alien may be eligible to be granted the
status of having been lawfully admitted for permanent
residence under this section shall not preclude the
alien from seeking such status under any other provision of law for which the alien may be eligible.

§ 1255

‘‘(i) ADJUSTMENT OF STATUS HAS NO EFFECT ON ELIGIFOR WELFARE AND PUBLIC BENEFITS.—No alien
whose status has been adjusted in accordance with this
section and who was not a qualified alien on the date
of enactment of this Act [Oct. 21, 1998] may, solely on
the basis of such adjusted status, be considered to be a
qualified alien under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(b)), as amended by section 5302 of
the Balanced Budget Act of 1997 (Public Law 105–33; 111
Stat. 598), for purposes of determining the alien’s eligibility for supplemental security income benefits under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.) or medical assistance under title XIX of such Act
(42 U.S.C. 1396 et seq.).
‘‘(j) PERIOD OF APPLICABILITY.—Subsection (i) shall
not apply after October 1, 2003.’’
[Pub. L. 109–162, title VIII, § 824(b), Jan. 5, 2006, 119
Stat. 3063, provided that: ‘‘The amendment made by
subsection (a)(3) [amending section 101(h) [title IX,
§ 902] of div. A of Pub. L. 105–277, set out above] shall
take effect as if included in the enactment of the Violence Against Women Act of 2000 (division B of Public
Law 106–386; 114 Stat. 1491).’’]
[Pub. L. 106–386, div. B, title V, § 1511(b), Oct. 28, 2000,
114 Stat. 1533, provided that: ‘‘The amendment made by
subsection (a) [amending section 101(h) [title IX, § 902]
of div. A of Pub. L. 105–277, set out above] shall be effective as if included in the Haitian Refugee Immigration
Fairness Act of 1998 (division A of section 101(h) of Public Law 105–277; 112 Stat. 2681–538).’’]
BILITY

ADJUSTMENT OF STATUS OF CERTAIN NICARAGUANS AND
CUBANS
Pub. L. 105–100, title II, § 202, Nov. 19, 1997, 111 Stat.
2193, as amended by Pub. L. 105–139, § 1(a), (b), Dec. 2,
1997, 111 Stat. 2644; Pub. L. 106–386, div. B, title V,
§ 1510(a), Oct. 28, 2000, 114 Stat. 1531; Pub. L. 106–554,
§ 1(a)(4) [div. B, title XV, § 1505(a)(1)], Dec. 21, 2000, 114
Stat. 2763, 2763A–326; Pub. L. 109–162, title VIII, § 815(a),
(b), Jan. 5, 2006, 119 Stat. 3060, provided that:
‘‘(a) ADJUSTMENT OF STATUS.—
‘‘(1) IN GENERAL.—The status of any alien described
in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent residence, if the alien—
‘‘(A) applies for such adjustment before April 1,
2000; and
‘‘(B) is otherwise admissible to the United States
for permanent residence, except in determining
such admissibility the grounds for inadmissibility
specified in paragraphs (4), (5), (6)(A), (7)(A), and
(9)(B) of section 212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5), (6)(A), (7)(A),
(9)(B)] shall not apply.
‘‘(2) RULES IN APPLYING CERTAIN PROVISIONS.—In the
case of an alien described in subsection (b) or (d) who
is applying for adjustment of status under this section—
‘‘(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act [8 U.S.C. 1231(a)(5)]
shall not apply; and
‘‘(B) the Attorney General may grant the alien a
waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such
Act [8 U.S.C. 1182(a)(9)].
In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting
consent under subparagraphs (A)(iii) and (C)(ii) of
such section 212(a)(9).
‘‘(3) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS.—An alien present in the United States who has
been ordered excluded, deported, removed, or ordered
to depart voluntarily from the United States under
any provision of the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] may, notwithstanding such
order, apply for adjustment of status under paragraph
(1). Such an alien may not be required, as a condition
of submitting or granting such application, to file a
separate motion to reopen, reconsider, or vacate such

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TITLE 8—ALIENS AND NATIONALITY

order. If the Attorney General grants the application,
the Attorney General shall cancel the order. If the
Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made.
‘‘(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—
‘‘(1) IN GENERAL.—The benefits provided by subsection (a) shall apply to any alien who is a national
of Nicaragua or Cuba and who has been physically
present in the United States for a continuous period,
beginning not later than December 1, 1995, and ending
not earlier than the date the application for adjustment under such subsection is filed, except an alien
shall not be considered to have failed to maintain
continuous physical presence by reason of an absence,
or absences, from the United States for any periods in
the aggregate not exceeding 180 days.
‘‘(2) PROOF OF COMMENCEMENT OF CONTINUOUS PRESENCE.—For purposes of establishing that the period of
continuous physical presence referred to in paragraph
(1) commenced not later than December 1, 1995, an
alien—
‘‘(A) shall demonstrate that the alien, prior to
December 1, 1995—
‘‘(i) applied to the Attorney General for asylum;
‘‘(ii) was issued an order to show cause under
section 242 or 242B of the Immigration and Nationality Act [8 U.S.C. 1252, former 1252b] (as in
effect prior to April 1, 1997);
‘‘(iii) was placed in exclusion proceedings under
section 236 of such Act [8 U.S.C. 1226] (as so in effect);
‘‘(iv) applied for adjustment of status under section 245 of such Act [8 U.S.C. 1255];
‘‘(v) applied to the Attorney General for employment authorization;
‘‘(vi) performed service, or engaged in a trade or
business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or
‘‘(vii) applied for any other benefit under the
Immigration and Nationality Act [8 U.S.C. 1101 et
seq.] by means of an application establishing the
alien’s presence in the United States prior to December 1, 1995; or
‘‘(B) shall make such other demonstration of
physical presence as the Attorney General may provide for by regulation.
‘‘(c) STAY OF REMOVAL; WORK AUTHORIZATION.—
‘‘(1) IN GENERAL.—The Attorney General shall provide by regulation for an alien subject to a final order
of deportation or removal to seek a stay of such order
based on the filing of an application under subsection
(a).
‘‘(2) DURING CERTAIN PROCEEDINGS.—Notwithstanding any provision of the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.], the Attorney General shall
not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act
and has applied for adjustment of status under subsection (a), except where the Attorney General has
rendered a final administrative determination to
deny the application.
‘‘(3) WORK AUTHORIZATION.—The Attorney General
may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of
such application and may provide the alien with an
‘employment authorized’ endorsement or other appropriate document signifying authorization of employment, except that if such application is pending
for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment.
‘‘(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN.—
‘‘(1) IN GENERAL.—The status of an alien shall be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if—

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‘‘(A) the alien is a national of Nicaragua or Cuba;
‘‘(B) the alien—
‘‘(i) is the spouse, child, or unmarried son or
daughter of an alien whose status is adjusted to
that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the
case of such an unmarried son or daughter, the
son or daughter shall be required to establish
that the son or daughter has been physically
present in the United States for a continuous period beginning not later than December 1, 1995,
and ending not earlier than the date on which the
application for adjustment under this subsection
is filed; or
‘‘(ii) was, at the time at which an alien filed for
adjustment under subsection (a), the spouse or
child of an alien whose status is adjusted, or was
eligible for adjustment, to that of an alien lawfully admitted for permanent residence under
subsection (a), and the spouse, child, or child of
the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a);
‘‘(C) the alien applies for such adjustment and is
physically present in the United States on the date
the application is filed;
‘‘(D) the alien is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A),
(7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5),
(6)(A), (7)(A), (9)(B)] shall not apply; and
‘‘(E) applies for such adjustment before April 1,
2000, or, in the case of an alien who qualifies under
subparagraph (B)(ii), applies for such adjustment
during the 18-month period beginning on the date of
enactment of the Violence Against Women and Department of Justice Reauthorization Act of 2005
[Jan. 5, 2006].
‘‘(2) PROOF OF CONTINUOUS PRESENCE.—For purposes
of establishing the period of continuous physical
presence referred to in paragraph (1)(B), an alien—
‘‘(A) shall demonstrate that such period commenced not later than December 1, 1995, in a manner consistent with subsection (b)(2); and
‘‘(B) shall not be considered to have failed to
maintain continuous physical presence by reason of
an absence, or absences, from the United States for
any period in the aggregate not exceeding 180 days.
‘‘(3) PROCEDURE.—In acting on an application under
this section with respect to a spouse or child who has
been battered or subjected to extreme cruelty, the
Attorney General shall apply section 204(a)(1)(J) [8
U.S.C. 1154(a)(1)(J)].
‘‘(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—The
Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to,
and procedures for, administrative review as are provided to—
‘‘(1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act [8
U.S.C. 1255]; or
‘‘(2) aliens subject to removal proceedings under
section 240 of such Act [8 U.S.C. 1229a].
‘‘(f) LIMITATION ON JUDICIAL REVIEW.—A determination by the Attorney General as to whether the status
of any alien should be adjusted under this section is
final and shall not be subject to review by any court.
‘‘(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to
this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
‘‘(h) APPLICATION OF IMMIGRATION AND NATIONALITY
ACT PROVISIONS.—Except as otherwise specifically provided in this section, the definitions contained in the
Immigration and Nationality Act [8 U.S.C. 1101 et seq.]

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shall apply in the administration of this section. Nothing contained in this section shall be held to repeal,
amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in
the administration and enforcement of such Act or any
other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be
granted the status of having been lawfully admitted for
permanent residence under this section shall not preclude the alien from seeking such status under any
other provision of law for which the alien may be eligible.’’
[Pub. L. 109–162, title VIII, § 815(c), Jan. 5, 2006, 119
Stat. 3060, provided that: ‘‘The amendment made by
subsection (b) [amending section 202(d)(3) of Pub. L.
105–100, set out above] shall take effect as if included in
the enactment of the Violence Against Women Act of
2000 (division B of Public Law 106–386; 114 Stat. 1491).’’]
ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND
HUNGARIAN PAROLEES
Section 646 of div. C of Pub. L. 104–208 provided that:
‘‘(a) IN GENERAL.—The Attorney General shall adjust
the status of an alien described in subsection (b) to
that of an alien lawfully admitted for permanent residence if the alien—
‘‘(1) applies for such adjustment;
‘‘(2) has been physically present in the United
States for at least 1 year and is physically present in
the United States on the date the application for
such adjustment is filed;
‘‘(3) is admissible to the United States as an immigrant, except as provided in subsection (c); and
‘‘(4) pays a fee (determined by the Attorney General) for the processing of such application.
‘‘(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—
The benefits provided in subsection (a) shall only apply
to an alien who—
‘‘(1) was a national of Poland or Hungary; and
‘‘(2) was inspected and granted parole into the
United States during the period beginning on November 1, 1989, and ending on December 31, 1991, after
being denied refugee status.
‘‘(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.—The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(4), (5), (7)(A)] shall not apply to adjustment of status under this section and the Attorney
General may waive any other provision of such section
(other than paragraph (2)(C) and subparagraphs (A), (B),
(C), or (E) of paragraph (3)) with respect to such an adjustment for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest.
‘‘(d) DATE OF APPROVAL.—Upon the approval of such
an application for adjustment of status, the Attorney
General shall create a record of the alien’s admission as
an alien lawfully admitted for permanent residence as
of the date of the alien’s inspection and parole described in subsection (b)(2).
‘‘(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act [8
U.S.C. 1101 et seq.].’’
FINGERPRINT CHECKS
Section 506(d) of Pub. L. 103–317 provided that: ‘‘The
Immigration and Naturalization Service shall conduct
full fingerprint identification checks through the Federal Bureau of Investigation for all individuals over
sixteen years of age adjusting immigration status in
the United States pursuant to this section [amending
this section and section 1182 of this title and enacting
provisions set out as a note under section 1182 of this
title].’’
ADJUSTMENT OF STATUS OF CERTAIN NATIONALS OF
PEOPLE’S REPUBLIC OF CHINA
Pub. L. 102–404, Oct. 9, 1992, 106 Stat. 1969, provided
that:

§ 1255

‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Chinese Student Protection Act of 1992’.
‘‘SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT
RESIDENT STATUS OF CERTAIN NATIONALS OF
THE PEOPLE’S REPUBLIC OF CHINA.
‘‘(a) IN GENERAL.—Subject to subsection (c)(1), whenever an alien described in subsection (b) applies for adjustment of status under section 245 of the Immigration
and Nationality Act [8 U.S.C. 1255] during the application period (as defined in subsection (e)) the following
rules shall apply with respect to such adjustment:
‘‘(1) The alien shall be deemed to have had a petition approved under section 204(a) of such Act [8
U.S.C. 1154(a)] for classification under section
203(b)(3)(A)(i) of such Act [8 U.S.C. 1153(b)(3)(A)(i)].
‘‘(2) The application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed.
‘‘(3) In determining the alien’s admissibility as an
immigrant, and the alien’s eligibility for an immigrant visa—
‘‘(A) paragraphs (5) and (7)(A) of section 212(a) and
section 212(e) of such Act [8 U.S.C. 1182(a), (e)] shall
not apply; and
‘‘(B) the Attorney General may waive any other
provision of section 212(a) (other than paragraph
(2)(C) and subparagraph (A), (B), (C), or (E) of paragraph (3)) of such Act with respect to such adjustment for humanitarian purposes, for purposes of assuring family unity, or if otherwise in the public interest.
‘‘(4) The numerical level of section 202(a)(2) of such
Act [8 U.S.C. 1152(a)(2)] shall not apply.
‘‘(5) Section 245(c) of such Act [8 U.S.C. 1255(c)]
shall not apply.
‘‘(b) ALIENS COVERED.—For purposes of this section,
an alien described in this subsection is an alien who—
‘‘(1) is a national of the People’s Republic of China
described in section 1 of Executive Order No. 12711 [8
U.S.C. 1101 note] as in effect on April 11, 1990;
‘‘(2) has resided continuously in the United States
since April 11, 1990 (other than brief, casual, and innocent absences); and
‘‘(3) was not physically present in the People’s Republic of China for longer than 90 days after such
date and before the date of the enactment of this Act
[Oct. 9, 1992].
‘‘(c) CONDITION; DISSEMINATION OF INFORMATION.—
‘‘(1) NOT APPLICABLE IF SAFE RETURN PERMITTED.—
Subsection (a) shall not apply to any alien if the
President has determined and certified to Congress,
before the first day of the application period, that
conditions in the People’s Republic of China permit
aliens described in subsection (b)(1) to return to that
foreign state in safety.
‘‘(2) DISSEMINATION OF INFORMATION.—If the President has not made the certification described in paragraph (1) by the first day of the application period,
the Attorney General shall, subject to the availability of appropriations, immediately broadly disseminate to aliens described in subsection (b)(1) information respecting the benefits available under this section. To the extent practicable, the Attorney General
shall provide notice of these benefits to the last
known mailing address of each such alien.
‘‘(d) OFFSET IN PER COUNTRY NUMERICAL LEVEL.—
‘‘(1) IN GENERAL.—The numerical level under section 202(a)(2) of the Immigration and Nationality Act
[8 U.S.C. 1152(a)(2)] applicable to natives of the People’s Republic of China in each applicable fiscal year
(as defined in paragraph (3)) shall be reduced by 1,000.
‘‘(2) ALLOTMENT IF SECTION 202(e) APPLIES.—If section 202(e) of the Immigration and Nationality Act is
applied to the People’s Republic of China in an applicable fiscal year, in applying such section—
‘‘(A) 300 immigrant visa numbers shall be deemed
to have been previously issued to natives of that
foreign state under section 203(b)(3)(A)(i) of such
Act [8 U.S.C. 1153(b)(3)(A)(i)] in that year, and

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‘‘(B) 700 immigrant visa numbers shall be deemed
to have been previously issued to natives of that
foreign state under section 203(b)(5) of such Act in
that year.
‘‘(3) APPLICABLE FISCAL YEAR.—
‘‘(A) IN GENERAL.—In this subsection, the term
‘applicable fiscal year’ means each fiscal year during the period—
‘‘(i) beginning with the fiscal year in which the
application period begins; and
‘‘(ii) ending with the first fiscal year by the end
of which the cumulative number of aliens counted
for all fiscal years under subparagraph (B) equals
or exceeds the total number of aliens whose
status has been adjusted under section 245 of the
Immigration and Nationality Act [8 U.S.C. 1255]
pursuant to subsection (a).
‘‘(B) NUMBER COUNTED EACH YEAR.—The number
counted under this subparagraph for a fiscal year
(beginning during or after the application period) is
1,000, plus the number (if any) by which (i) the immigration level under section 202(a)(2) of the Immigration and Nationality Act for the People’s Republic of China in the fiscal year (as reduced under this
subsection), exceeds (ii) the number of aliens who
were chargeable to such level in the year.
‘‘(e) APPLICATION PERIOD DEFINED.—In this section,
the term ‘application period’ means the 12-month period beginning July 1, 1993.’’
ADJUSTMENT OF STATUS FOR CERTAIN H–1
NONIMMIGRANT NURSES
Pub. L. 101–238, § 2, Dec. 18, 1989, 103 Stat. 2099, as
amended by Pub. L. 101–649, title I, § 162(f)(1), Nov. 29,
1990, 104 Stat. 5011; Pub. L. 102–232, title III, §§ 302(e)(10),
307(l)(10), Dec. 12, 1991, 105 Stat. 1746, 1757, provided
that:
‘‘(a) IN GENERAL.—The numerical limitations of sections 201 and 202 of the Immigration and Nationality
Act [8 U.S.C. 1151, 1152] shall not apply to the adjustment of status under section 245 of such Act [8 U.S.C.
1255] of an immigrant, and the immigrant’s accompanying spouse and children—
‘‘(1) who, as of September 1, 1989, has the status of
a nonimmigrant under paragraph (15)(H)(i) of section
101(a) of such Act [8 U.S.C. 1101(a)(15)(H)(i)] to perform services as a registered nurse,
‘‘(2) who, for at least 3 years before the date of application for adjustment of status (whether or not before, on, or after, the date of the enactment of this
Act [Dec. 18, 1989]), has been employed as a registered
nurse in the United States, and
‘‘(3) whose continued employment as a registered
nurse in the United States meets the standards established for the certification described in section
212(a)(5)(A) of such Act [8 U.S.C. 1182(a)(5)(A)].
The Attorney General shall promulgate regulations to
carry out this subsection by not later than 90 days
after the date of the enactment of this Act.
‘‘(b) TRANSITION.—For purposes of adjustment of
status under section 245 of the Immigration and Nationality Act [8 U.S.C. 1255] in the case of an alien who,
as of September 1, 1989, is present in the United States
in the status of a nonimmigrant under section
101(a)(15)(H)(i) of such Act [8 U.S.C. 1101(a)(15)(H)(i)] to
perform services as a registered nurse, who, as of September 1, 1989, is present in the United States and had
been admitted to the United States in the status of
nonimmigrant under section 101(a)(15)(H)(i) of such Act
to perform services as a registered nurse but has failed
to maintain that status due to the expiration of the
time limitation with respect to such status, or who is
the spouse or child of such an alien, unauthorized employment performed before the date of the enactment
of the Immigration Act of 1990 [Nov. 29, 1990] shall not
be taken into account in applying section 245(c)(2) of
the Immigration and Nationality Act and such an alien
shall be considered as having continued to maintain
lawful status throughout his or her stay in the United
States as a nonimmigrant until the end of the 120-day

Page 314

period beginning on the date the Attorney General promulgates regulations carrying out the amendments
made by section 162(f)(1) of the Immigration Act of 1990
[Pub. L. 101–649, amending this note].
‘‘(c) APPLICATION OF IMMIGRATION AND NATIONALITY
ACT PROVISIONS.—The definitions contained in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]
shall apply in the administration of this section. The
fact that an alien may be eligible to be granted the
status of having been lawfully admitted for permanent
residence under this section shall not preclude the
alien from seeking such status under any other provision of law for which the alien may be eligible.
‘‘(d) APPLICATION PERIOD.—The alien, and accompanying spouse and children, must apply for such adjustment within the 5-year period beginning on the date
the Attorney General promulgates regulations required
under subsection (a).’’
[Section 302(e)(10) of Pub. L. 102–232 provided that the
amendment made by that section to section 2(b) of Pub.
L. 101–238, set out above, is effective as if included in
the Immigration Nursing Relief Act of 1989, Pub. L.
101–238.]
[Section 307(l) of Pub. L. 102–232 provided that the
amendment made by that section to section 2(a)(3) of
Pub. L. 101–238, set out above, is effective as if included
in section 603(a) of the Immigration Act of 1990, Pub. L.
101–649.]
ADJUSTMENT OF STATUS FOR CERTAIN SOVIET AND
INDOCHINESE PAROLEES
Pub. L. 106–429, § 101(a) [title V, § 586], Nov. 6, 2000, 114
Stat. 1900, 1900A–57, as amended by Pub. L. 108–447, div.
D, title V, § 534(m)(1)–(6), Dec. 8, 2004, 118 Stat. 3007, provided that:
‘‘(a) The status of certain aliens from Vietnam, Cambodia, and Laos described in subsection (b) of this section may be adjusted by the Secretary of Homeland Security, under such regulations as the Secretary of
Homeland Security may prescribe, to that of an alien
lawfully admitted permanent residence if—
‘‘(1) the alien makes an application for such adjustment and pays the appropriate fee;
‘‘(2) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the
United States for permanent residence except as described in subsection (c); and
‘‘(3) the alien had been physically present in the
United States prior to October 1, 1997.
‘‘(b) The benefits provided by subsection (a) shall
apply to any alien who is a native or citizen of Vietnam, Laos, or Cambodia and who was inspected and paroled into the United States before October 1, 1997 and
was physically present in the United States on October
1, 1997; and
‘‘(1) was paroled into the United States from Vietnam under the auspices of the Orderly Departure Program; or
‘‘(2) was paroled into the United States from a refugee camp in East Asia; or
‘‘(3) was paroled into the United States from a displaced person camp administered by the United Nations High Commissioner for Refugees in Thailand.
‘‘(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.—The provisions of paragraphs (4), (5), and (7)(A)
and (9) of section 212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5), (7)(A), (9)] shall not be
applicable to any alien seeking admission to the United
States under this subsection, and nothwithstanding
[sic] any other provision of law, the Secretary of Homeland Security may waive 212(a)(1); 212(a)(6)(B), (C), and
(F); 212(a)(8)(A); 212(a)(10)(B) and (D) with respect to
such an alien in order to prevent extreme hardship to
the alien or the alien’s spouse, parent, son or daughter,
who is a citizen of the United States or an alien lawfully admitted for permanent residence. Any such waiver by the Secretary of Homeland Security shall be in
writing and shall be granted only on an individual basis
following an investigation.
‘‘(d) DATE OF APPROVAL.—Upon the approval of such
an application for adjustment of status, the Secretary

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of Homeland Security shall create a record of the
alien’s admission as a lawful permanent resident as of
the date of the alien’s inspection and parole described
in subsection (b)(1), (b)(2) and (b)(3).
‘‘(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been lawfully admitted for permanent residence under this section the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act [8
U.S.C. 1101 et seq.].
‘‘(f) ADJUDICATION OF APPLICATIONS.—The Secretary
of Homeland Security shall—
‘‘(1) adjudicate applications for adjustment under
this section, notwithstanding any limitation on the
number of adjustments under this section or any
deadline for such applications that previously existed
in law or regulation; and
‘‘(2) not charge a fee in addition to any fee that previously was submitted with such application.’’
[Pub. L. 108–447, div. D, title V, § 534(m)(7), Dec. 8,
2004, 118 Stat. 3007, provided that: ‘‘The amendments
made by this subsection [amending section 101(a) [title
V, § 586] of Pub. L. 106–429, set out above] shall take effect as if enacted as part of the Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 2001 [Pub. L. 106–429].’’]
Pub. L. 101–167, title V, § 599E, Nov. 21, 1989, 103 Stat.
1263, as amended by Pub. L. 101–513, title V, § 598(b),
Nov. 5, 1990, 104 Stat. 2063; Pub. L. 101–649, title VI,
§ 603(a)(22), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 102–232,
title III, § 307(l)(9), Dec. 12, 1991, 105 Stat. 1757; Pub. L.
102–391, title V, § 582(a)(2), (b)(2), Oct. 6, 1992, 106 Stat.
1686; Pub. L. 102–511, title IX, § 905(b)(2), Oct. 24, 1992, 106
Stat. 3356; Pub. L. 103–236, title V, § 512(2), Apr. 30, 1994,
108 Stat. 466; Pub. L. 103–416, title II, § 219(bb), Oct. 25,
1994, 108 Stat. 4319; Pub. L. 104–208, div. A, title I, § 101(c)
[title V, § 575(2)], Sept. 30, 1996, 110 Stat. 3009–121,
3009–168; Pub. L. 104–319, title I, § 101(2), Oct. 19, 1996, 110
Stat. 3865; Pub. L. 105–118, title V, § 574(2), Nov. 26, 1997,
111 Stat. 2432; Pub. L. 105–277, div. A, § 101(f) [title VII,
§ 705(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–389; Pub. L.
106–113, div. B, § 1000(a)(4) [title II, § 214(2)], Nov. 29, 1999,
113 Stat. 1535, 1501A–240; Pub. L. 106–554, § 1(a)(1) [title
II, § 212(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–27; Pub. L.
107–116, title II, § 213(2), Jan. 10, 2002, 115 Stat. 2200; Pub.
L. 108–7, div. G, title II, § 213(2), Feb. 20, 2003, 117 Stat.
324; Pub. L. 108–199, div. E, title II, § 213(2), Jan. 23, 2004,
118 Stat. 253; Pub. L. 108–447, div. F, title II, § 213(2),
Dec. 8, 2004, 118 Stat. 3140; Pub. L. 109–102, title V,
§ 534(m)(2), Nov. 14, 2005, 119 Stat. 2211; Pub. L. 109–289,
div. B, title II, § 20412(b)(2), as added by Pub. L. 110–5,
§ 2, Feb. 15, 2007, 121 Stat. 25; Pub. L. 110–161, div. J, title
VI, § 634(k)(2), Dec. 26, 2007, 121 Stat. 2329; Pub. L. 111–8,
div. H, title VII, § 7034(g)(2), Mar. 11, 2009, 123 Stat. 878;
Pub. L. 111–117, div. F, title VII, § 7034(f)(2), Dec. 16, 2009,
123 Stat. 3361; Pub. L. 112–10, div. B, title XI,
§ 2121(m)(2), Apr. 15, 2011, 125 Stat. 186; Pub. L. 112–74,
div. I, title VII, § 7034(r)(2), Dec. 23, 2011, 125 Stat. 1218,
provided that:
‘‘(a) IN GENERAL.—The Attorney General shall adjust
the status of an alien described in subsection (b) to
that of an alien lawfully admitted for permanent residence if the alien—
‘‘(1) applies for such adjustment,
‘‘(2) has been physically present in the United
States for at least 1 year and is physically present in
the United States on the date the application for
such adjustment is filed,
‘‘(3) is admissible to the United States as an immigrant, except as provided in subsection (c), and
‘‘(4) pays a fee (determined by the Attorney General) for the processing of such application.
‘‘(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—
The benefits provided in subsection (a) shall only apply
to an alien who—
‘‘(1) was a national of an independent state of the
former Soviet Union, Estonia, Latvia, Lithuania,
Vietnam, Laos, or Cambodia, and
‘‘(2) was inspected and granted parole into the
United States during the period beginning on August

§ 1255

15, 1988, and ending on September 30, 2012, after being
denied refugee status.
‘‘(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.—The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(4), (5), (7)(A)] shall not apply to adjustment of status under this section and the Attorney
General may waive any other provision of such section
(other than paragraph (2)(C) or subparagraph (A), (B),
(C), or (E) of paragraph (3)) with respect to such an adjustment for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest.
‘‘(d) DATE OF APPROVAL.—Upon the approval of such
an application for adjustment of status, the Attorney
General shall create a record of the alien’s admission as
a lawful permanent resident as of the date of the alien’s
inspection and parole described in subsection (b)(2).
‘‘(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act [8
U.S.C. 1101 et seq.].’’
[Section 307(l) of Pub. L. 102–232 provided that the
amendment made by that section to section 599E of
Pub. L. 101–167, set out above, is effective as if included
in section 603(a) of the Immigration Act of 1990, Pub. L.
101–649.]
Pub. L. 95–145, title I, §§ 101–107, Oct. 28, 1977, 91 Stat.
1223, as amended by Pub. L. 96–212, title II, § 203(i), Mar.
17, 1980, 94 Stat. 108, provided that status of alien who
was native or citizen of Vietnam, Laos, or Cambodia,
and was paroled into United States as refugee between
Mar. 31, 1975, and Jan. 1, 1979, or was inspected and admitted or paroled into United States on or before Mar.
31, 1975, and was physically present in United States on
Mar. 31, 1975, could be adjusted by Attorney General to
that of an alien lawfully admitted for permanent residence if alien applied for such adjustment within six
years after Oct. 28, 1977, and met certain other eligibility requirements.
ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN ISLANDS TO PERMANENT RESIDENT ALIEN STATUS
Pub. L. 97–271, Sept. 30, 1982, 96 Stat. 1157, as amended
by Pub. L. 101–649, title I, § 162(e)(6), Nov. 29, 1990, 104
Stat. 5011, provided that status of alien who was inspected and admitted to Virgin Islands of the United
States as a nonimmigrant alien worker under section
1101(a)(15)(H)(ii) of this title, or as spouse or minor
child of such worker, and had resided continuously in
Virgin Islands of the United States since June 30, 1975,
could be adjusted by Attorney General to that of an
alien lawfully admitted for permanent residence if
alien applied for such adjustment during one-year period beginning Sept. 30, 1982, and met certain other eligibility requirements.
DEVELOPMENT OF ELIGIBILITY CRITERIA FOR ADMISSION
OF REFUGEES FROM CAMBODIA
Pub. L. 95–624, § 16, Nov. 9, 1978, 92 Stat. 3465, provided
that: ‘‘The Attorney General, in consultation with the
Congress, shall develop special eligibility criteria under
the current United States parole program for Indochina
Refugees which would enable a larger number of refugees from Cambodia to qualify for admission to the
United States.’’
CUBAN REFUGEES: ADJUSTMENT OF STATUS
Section 606 of div. C of Pub. L. 104–208 provided that:
‘‘(a) IN GENERAL.—Public Law 89–732 [set out below] is
repealed effective only upon a determination by the
President under section 203(c)(3) of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 [22
U.S.C. 6063(c)] (Public Law 104–114) that a democratically elected government in Cuba is in power.
‘‘(b) LIMITATION.—Subsection (a) shall not apply to
aliens for whom an application for adjustment of status
is pending on such effective date.’’

§ 1255a

TITLE 8—ALIENS AND NATIONALITY

Pub. L. 89–732, Nov. 2, 1966, 80 Stat. 1161, as amended
by Pub. L. 94–571, § 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L.
96–212, title II, § 203(i), Mar. 17, 1980, 94 Stat. 108; Pub. L.
106–386, div. B, title V, § 1509(a), Oct. 28, 2000, 114 Stat.
1530; Pub. L. 109–162, title VIII, § 823(a), Jan. 5, 2006, 119
Stat. 3063, provided: ‘‘That, notwithstanding the provisions of section 245(c) of the Immigration and Nationality Act [subsec. (c) of this section], the status of any
alien who is a native or citizen of Cuba and who has
been inspected and admitted or paroled into the United
States subsequent to January 1, 1959 and has been physically present in the United States for at least one
year, may be adjusted by the Attorney General, in his
discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes an application for
such adjustment, and the alien is eligible to receive an
immigrant visa and is admissible to the United States
for permanent residence. Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien’s admission for
permanent residence as of a date thirty months prior to
the filing of such an application or the date of his last
arrival into the United States, whichever date is later.
The provisions of this Act shall be applicable to the
spouse and child of any alien described in this subsection, regardless of their citizenship and place of
birth, who are residing with such alien in the United
States, except that such spouse or child who has been
battered or subjected to extreme cruelty may adjust to
permanent resident status under this Act without demonstrating that he or she is residing with the Cuban
spouse or parent in the United States. In acting on applications under this section with respect to spouses or
children who have been battered or subjected to extreme cruelty, the Attorney General shall apply the
provisions of section 204(a)(1)(J) [probably means section 204(a)(1)(J) of the Immigration and Nationality
Act, which is classified to section 1154(a)(1)(J) of this
title]. An alien who was the spouse of any Cuban alien
described in this section and has resided with such
spouse shall continue to be treated as such a spouse for
2 years after the date on which the Cuban alien dies (or,
if later, 2 years after the date of enactment of Violence
Against Women and Department of Justice Reauthorization Act of 2005) [Jan. 5, 2006], or for 2 years after the
date of termination of the marriage (or, if later, 2 years
after the date of enactment of Violence Against Women
and Department of Justice Reauthorization Act of 2005)
if there is demonstrated a connection between the termination of the marriage and the battering or extreme
cruelty by the Cuban alien.
‘‘SEC. 2. In the case of any alien described in section
1 of this Act who prior to the effective date thereof
[Nov. 2, 1966], has been lawfully admitted into the
United States for permanent residence, the Attorney
General shall, upon application, record his admission
for permanent residence as of the date the alien originally arrived in the United States as a nonimmigrant
or as a parolee, or a date thirty months prior to the
date of enactment of this Act [Nov. 2, 1966], whichever
date is later.
‘‘SEC. 3. Section 13 of the Act entitled ‘An Act to
amend the Immigration and Nationality Act, and for
other purposes’, approved October 3, 1965 (Public Law
89–236) [amending subsecs. (b) and (c) of this section] is
amended by adding at the end thereof the following
new subsection:
‘‘ ‘(c) Nothing contained in subsection (b) of this section [amending subsec. (c) of this section] shall be construed to affect the validity of any application for adjustment under section 245 [this section] filed with the
Attorney General prior to December 1, 1965, which
would have been valid on that date; but as to all such
applications the statutes or parts of statutes repealed
or amended by this Act [Pub. L. 89–236] are, unless
otherwise specifically provided therein, continued in
force and effect.’
‘‘SEC. 4. Except as otherwise specifically provided in
this Act, the definitions contained in section 101(a) and

Page 316

(b) of the Immigration and Nationality Act [section
1101(a), (b) of this title] shall apply in the administration of this Act. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, affect, or restrict
the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of
the Immigration and Nationality Act [this chapter] or
any other law relating to immigration, nationality, or
naturalization.
‘‘SEC. 5. The approval of an application for adjustment of status to that of lawful permanent resident of
the United States pursuant to the provisions of section
1 of this Act shall not require the Secretary of State to
reduce the number of visas authorized to be issued in
any class in the case of any alien who is physically
present in the United States on or before the effective
date of the Immigration and Nationality Act Amendments of 1976 [see Effective Date of 1976 Amendment
note above].’’
[Pub. L. 109–162, title VIII, § 823(b), Jan. 5, 2006, 119
Stat. 3063, provided that: ‘‘The amendment made by
subsection (a)(1) [amending Pub. L. 89–732 set out
above] shall take effect as if included in the enactment
of the Violence Against Women Act of 2000 (division B
of Public Law 106–386; 114 Stat. 1491).’’]
[Pub. L. 106–386, div. B, title V, § 1509(b), Oct. 28, 2000,
114 Stat. 1531, provided that: ‘‘The amendment made by
subsection (a) [amending Pub. L. 89–732 set out above]
shall be effective as if included in subtitle G [§ 40701 et
seq.] of title IV of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103–322; 108 Stat.
1953 et seq. [see Tables for classification].)’’]
[Section 204(b)(1)(C) of Pub. L. 96–212 provided that
the amendment of section 1 of Pub. L. 89–732, set out
above, by Pub. L. 96–212 is effective immediately before
Apr. 1, 1980.]

§ 1255a. Adjustment of status of certain entrants
before January 1, 1982, to that of person admitted for lawful residence
(a) Temporary resident status
The Attorney General shall adjust the status
of an alien to that of an alien lawfully admitted
for temporary residence if the alien meets the
following requirements:
(1) Timely application
(A) During application period
Except as provided in subparagraph (B),
the alien must apply for such adjustment
during the 12-month period beginning on a
date (not later than 180 days after November
6, 1986) designated by the Attorney General.
(B) Application within 30 days of show-cause
order
An alien who, at any time during the first
11 months of the 12-month period described
in subparagraph (A), is the subject of an
order to show cause issued under section 1252
of this title (as in effect before October 1,
1996), must make application under this section not later than the end of the 30-day period beginning either on the first day of such
12-month period or on the date of the issuance of such order, whichever day is later.
(C) Information included in application
Each application under this subsection
shall contain such information as the Attorney General may require, including information on living relatives of the applicant with
respect to whom a petition for preference or
other status may be filed by the applicant at
any later date under section 1154(a) of this
title.

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TITLE 8—ALIENS AND NATIONALITY

(2) Continuous unlawful residence since 1982
(A) In general
The alien must establish that he entered
the United States before January 1, 1982, and
that he has resided continuously in the
United States in an unlawful status since
such date and through the date the application is filed under this subsection.
(B) Nonimmigrants
In the case of an alien who entered the
United States as a nonimmigrant before
January 1, 1982, the alien must establish
that the alien’s period of authorized stay as
a nonimmigrant expired before such date
through the passage of time or the alien’s
unlawful status was known to the Government as of such date.
(C) Exchange visitors
If the alien was at any time a nonimmigrant exchange alien (as defined in section 1101(a)(15)(J) of this title), the alien
must establish that the alien was not subject to the two-year foreign residence requirement of section 1182(e) of this title or
has fulfilled that requirement or received a
waiver thereof.
(3) Continuous physical presence since November 6, 1986
(A) In general
The alien must establish that the alien has
been continuously physically present in the
United States since November 6, 1986.
(B) Treatment of brief, casual, and innocent
absences
An alien shall not be considered to have
failed to maintain continuous physical presence in the United States for purposes of
subparagraph (A) by virtue of brief, casual,
and innocent absences from the United
States.
(C) Admissions
Nothing in this section shall be construed
as authorizing an alien to apply for admission to, or to be admitted to, the United
States in order to apply for adjustment of
status under this subsection.
(4) Admissible as immigrant
The alien must establish that he—
(A) is admissible to the United States as
an immigrant, except as otherwise provided
under subsection (d)(2) of this section,
(B) has not been convicted of any felony or
of three or more misdemeanors committed
in the United States,
(C) has not assisted in the persecution of
any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion, and
(D) is registered or registering under the
Military Selective Service Act [50 U.S.C.
App. 451 et seq.], if the alien is required to be
so registered under that Act.
For purposes of this subsection, an alien in the
status of a Cuban and Haitian entrant described in paragraph (1) or (2)(A) of section
501(e) of Public Law 96–422 [8 U.S.C. 1522 note]

§ 1255a

shall be considered to have entered the United
States and to be in an unlawful status in the
United States.
(b) Subsequent adjustment to permanent residence and nature of temporary resident
status
(1) Adjustment to permanent residence
The Attorney General shall adjust the status
of any alien provided lawful temporary resident status under subsection (a) of this section
to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements:
(A) Timely application after one year’s residence
The alien must apply for such adjustment
during the 2-year period beginning with the
nineteenth month that begins after the date
the alien was granted such temporary resident status.
(B) Continuous residence
(i) In general
The alien must establish that he has
continuously resided in the United States
since the date the alien was granted such
temporary resident status.
(ii) Treatment of certain absences
An alien shall not be considered to have
lost the continuous residence referred to
in clause (i) by reason of an absence from
the United States permitted under paragraph (3)(A).
(C) Admissible as immigrant
The alien must establish that he—
(i) is admissible to the United States as
an immigrant, except as otherwise provided under subsection (d)(2) of this section, and
(ii) has not been convicted of any felony
or three or more misdemeanors committed
in the United States.
(D) Basic citizenship skills
(i) In general
The alien must demonstrate that he either—
(I) meets the requirements of section
1423(a) of this title (relating to minimal
understanding of ordinary English and a
knowledge and understanding of the history and government of the United
States), or
(II) is satisfactorily pursuing a course
of study (recognized by the Attorney
General) to achieve such an understanding of English and such a knowledge and
understanding of the history and government of the United States.
(ii) Exception for elderly or developmentally disabled individuals
The Attorney General may, in his discretion, waive all or part of the requirements
of clause (i) in the case of an alien who is
65 years of age or older or who is developmentally disabled.
(iii) Relation to naturalization examination
In accordance with regulations of the Attorney General, an alien who has dem-

§ 1255a

TITLE 8—ALIENS AND NATIONALITY

onstrated under clause (i)(I) that the alien
meets the requirements of section 1423(a)
of this title may be considered to have satisfied the requirements of that section for
purposes of becoming naturalized as a citizen of the United States under subchapter
III of this chapter.
(2) Termination of temporary residence
The Attorney General shall provide for termination of temporary resident status granted
an alien under subsection (a) of this section—
(A) if it appears to the Attorney General
that the alien was in fact not eligible for
such status;
(B) if the alien commits an act that (i)
makes the alien inadmissible to the United
States as an immigrant, except as otherwise
provided under subsection (d)(2) of this section, or (ii) is convicted of any felony or
three or more misdemeanors committed in
the United States; or
(C) at the end of the 43rd month beginning
after the date the alien is granted such
status, unless the alien has filed an application for adjustment of such status pursuant
to paragraph (1) and such application has
not been denied.
(3) Authorized travel and employment during
temporary residence
During the period an alien is in lawful temporary resident status granted under subsection (a) of this section—
(A) Authorization of travel abroad
The Attorney General shall, in accordance
with regulations, permit the alien to return
to the United States after such brief and casual trips abroad as reflect an intention on
the part of the alien to adjust to lawful permanent resident status under paragraph (1)
and after brief temporary trips abroad occasioned by a family obligation involving an
occurrence such as the illness or death of a
close relative or other family need.
(B) Authorization of employment
The Attorney General shall grant the alien
authorization to engage in employment in
the United States and provide to that alien
an ‘‘employment authorized’’ endorsement
or other appropriate work permit.
(c) Applications for adjustment of status
(1) To whom may be made
The Attorney General shall provide that applications for adjustment of status under subsection (a) of this section may be filed—
(A) with the Attorney General, or
(B) with a qualified designated entity, but
only if the applicant consents to the forwarding of the application to the Attorney
General.
As used in this section, the term ‘‘qualified
designated entity’’ means an organization or
person designated under paragraph (2).
(2) Designation of qualified entities to receive
applications
For purposes of assisting in the program of
legalization provided under this section, the
Attorney General—

Page 318

(A) shall designate qualified voluntary organizations and other qualified State, local,
and community organizations, and
(B) may designate such other persons as
the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional longterm involvement in the preparation and
submittal of applications for adjustment of
status under section 1159 or 1255 of this title,
Public Law 89–732 [8 U.S.C. 1255 note], or
Public Law 95–145 [8 U.S.C. 1255 note].
(3) Treatment of applications by designated entities
Each qualified designated entity must agree
to forward to the Attorney General applications filed with it in accordance with paragraph (1)(B) but not to forward to the Attorney General applications filed with it unless
the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the
Attorney General.
(4) Limitation on access to information
Files and records of qualified designated entities relating to an alien’s seeking assistance
or information with respect to filing an application under this section are confidential and
the Attorney General and the Service shall
not have access to such files or records relating to an alien without the consent of the
alien.
(5) Confidentiality of information
(A) In general
Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may—
(i) use the information furnished by the
applicant pursuant to an application filed
under this section for any purpose other
than to make a determination on the application, for enforcement of paragraph (6),
or for the preparation of reports to Congress under section 404 of the Immigration
Reform and Control Act of 1986;
(ii) make any publication whereby the
information furnished by any particular
applicant can be identified; or
(iii) permit anyone other than the sworn
officers and employees of the Department
or bureau or agency or, with respect to applications filed with a designated entity,
that designated entity, to examine individual applications.
(B) Required disclosures
The Attorney General shall provide the information furnished under this section, and
any other information derived from such
furnished information, to a duly recognized
law enforcement entity in connection with a
criminal investigation or prosecution, when
such information is requested in writing by
such entity, or to an official coroner for purposes of affirmatively identifying a deceased
individual (whether or not such individual is
deceased as a result of a crime).

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TITLE 8—ALIENS AND NATIONALITY

(C) Authorized disclosures
The Attorney General may provide, in the
Attorney General’s discretion, for the furnishing of information furnished under this
section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under
section 8 of title 13.
(D) Construction
(i) In general
Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service
pertaining to an application filed under
this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not
available from any other source.
(ii) Criminal convictions
Information concerning whether the applicant has at any time been convicted of
a crime may be used or released for immigration enforcement or law enforcement
purposes.
(E) Crime
Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not
more than $10,000.
(6) Penalties for false statements in applications
Whoever files an application for adjustment
of status under this section and knowingly and
willfully falsifies, misrepresents, conceals, or
covers up a material fact or makes any false,
fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain
any false, fictitious, or fraudulent statement
or entry, shall be fined in accordance with
title 18 or imprisoned not more than five
years, or both.
(7) Application fees
(A) Fee schedule
The Attorney General shall provide for a
schedule of fees to be charged for the filing
of applications for adjustment under subsection (a) or (b)(1) of this section. The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (b)(1) of this section
after the end of the first year of the 2-year
period described in subsection (b)(1)(A) of
this section.
(B) Use of fees
The Attorney General shall deposit payments received under this paragraph in a
separate account and amounts in such account shall be available, without fiscal year
limitation, to cover administrative and
other expenses incurred in connection with
the review of applications filed under this
section.

§ 1255a

(C) Immigration-related unfair employment
practices
Not to exceed $3,000,000 of the unobligated
balances remaining in the account established in subparagraph (B) shall be available
in fiscal year 1992 and each fiscal year thereafter for grants, contracts, and cooperative
agreements to community-based organizations for outreach programs, to be administered by the Office of Special Counsel for Immigration-Related Unfair Employment Practices: Provided, That such amounts shall be
in addition to any funds appropriated to the
Office of Special Counsel for such purposes:
Provided further, That none of the funds
made available by this section shall be used
by the Office of Special Counsel to establish
regional offices.
(d) Waiver of numerical limitations and certain
grounds for exclusion
(1) Numerical limitations do not apply
The numerical limitations of sections 1151
and 1152 of this title shall not apply to the adjustment of aliens to lawful permanent resident status under this section.
(2) Waiver of grounds for exclusion
In the determination of an alien’s admissibility under subsections (a)(4)(A), (b)(1)(C)(i),
and (b)(2)(B) of this section—
(A) Grounds of exclusion not applicable
The provisions of paragraphs (5) and (7)(A)
of section 1182(a) of this title shall not
apply.
(B) Waiver of other grounds
(i) In general
Except as provided in clause (ii), the Attorney General may waive any other provision of section 1182(a) of this title in the
case of individual aliens for humanitarian
purposes, to assure family unity, or when
it is otherwise in the public interest.
(ii) Grounds that may not be waived
The following provisions of section
1182(a) of this title may not be waived by
the Attorney General under clause (i):
(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
(II) Paragraph (2)(C) (relating to drug
offenses), except for so much of such
paragraph as relates to a single offense
of simple possession of 30 grams or less
of marihuana.
(III) Paragraph (3) (relating to security
and related grounds).
(IV) Paragraph (4) (relating to aliens
likely to become public charges) insofar
as it relates to an application for adjustment to permanent residence.
Subclause (IV) (prohibiting the waiver of
section 1182(a)(4) of this title) shall not
apply to an alien who is or was an aged,
blind, or disabled individual (as defined in
section 1614(a)(1) of the Social Security
Act [42 U.S.C. 1382c(a)(1)]).
(iii) Special rule for determination of public charge
An alien is not ineligible for adjustment
of status under this section due to being

§ 1255a

TITLE 8—ALIENS AND NATIONALITY

inadmissible under section 1182(a)(4) of
this title if the alien demonstrates a history of employment in the United States
evidencing self-support without receipt of
public cash assistance.
(C) Medical examination
The alien shall be required, at the alien’s
expense, to undergo such a medical examination (including a determination of immunization status) as is appropriate and conforms
to generally accepted professional standards
of medical practice.
(e) Temporary stay of deportation and work authorization for certain applicants
(1) Before application period
The Attorney General shall provide that in
the case of an alien who is apprehended before
the beginning of the application period described in subsection (a)(1)(A) of this section
and who can establish a prima facie case of eligibility to have his status adjusted under subsection (a) of this section (but for the fact that
he may not apply for such adjustment until
the beginning of such period), until the alien
has had the opportunity during the first 30
days of the application period to complete the
filing of an application for adjustment, the
alien—
(A) may not be deported, and
(B) shall be granted authorization to engage in employment in the United States
and be provided an ‘‘employment authorized’’ endorsement or other appropriate
work permit.
(2) During application period
The Attorney General shall provide that in
the case of an alien who presents a prima facie
application for adjustment of status under
subsection (a) of this section during the application period, and until a final determination
on the application has been made in accordance with this section, the alien—
(A) may not be deported, and
(B) shall be granted authorization to engage in employment in the United States
and be provided an ‘‘employment authorized’’ endorsement or other appropriate
work permit.
(f) Administrative and judicial review
(1) Administrative and judicial review
There shall be no administrative or judicial
review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.
(2) No review for late filings
No denial of adjustment of status under this
section based on a late filing of an application
for such adjustment may be reviewed by a
court of the United States or of any State or
reviewed in any administrative proceeding of
the United States Government.
(3) Administrative review
(A) Single level of administrative appellate
review
The Attorney General shall establish an
appellate authority to provide for a single

Page 320

level of administrative appellate review of a
determination described in paragraph (1).
(B) Standard for review
Such administrative appellate review shall
be based solely upon the administrative
record established at the time of the determination on the application and upon such
additional or newly discovered evidence as
may not have been available at the time of
the determination.
(4) Judicial review
(A) Limitation to review of deportation
There shall be judicial review of such a denial only in the judicial review of an order of
deportation under section 1105a of this title
(as in effect before October 1, 1996).
(B) Standard for judicial review
Such judicial review shall be based solely
upon the administrative record established
at the time of the review by the appellate
authority and the findings of fact and determinations contained in such record shall be
conclusive unless the applicant can establish
abuse of discretion or that the findings are
directly contrary to clear and convincing
facts contained in the record considered as a
whole.
(C) Jurisdiction of courts
Notwithstanding any other provision of
law, no court shall have jurisdiction of any
cause of action or claim by or on behalf of
any person asserting an interest under this
section unless such person in fact filed an
application under this section within the period specified by subsection (a)(1) of this section, or attempted to file a complete application and application fee with an authorized legalization officer of the Service but
had the application and fee refused by that
officer.
(g) Implementation of section
(1) Regulations
The Attorney General, after consultation
with the Committees on the Judiciary of the
House of Representatives and of the Senate,
shall prescribe—
(A) regulations establishing a definition of
the term ‘‘resided continuously’’, as used in
this section, and the evidence needed to establish that an alien has resided continuously in the United States for purposes of
this section, and
(B) such other regulations as may be necessary to carry out this section.
(2) Considerations
In prescribing regulations described in paragraph (1)(A)—
(A) Periods of continuous residence
The Attorney General shall specify individual periods, and aggregate periods, of absence from the United States which will be
considered to break a period of continuous
residence in the United States and shall
take into account absences due merely to
brief and casual trips abroad.
(B) Absences caused by deportation or advanced parole
The Attorney General shall provide that—

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TITLE 8—ALIENS AND NATIONALITY

(i) an alien shall not be considered to
have resided continuously in the United
States, if, during any period for which continuous residence is required, the alien
was outside the United States as a result
of a departure under an order of deportation, and
(ii) any period of time during which an
alien is outside the United States pursuant
to the advance parole procedures of the
Service shall not be considered as part of
the period of time during which an alien is
outside the United States for purposes of
this section.
(C) Waivers of certain absences
The Attorney General may provide for a
waiver, in the discretion of the Attorney
General, of the periods specified under subparagraph (A) in the case of an absence from
the United States due merely to a brief temporary trip abroad required by emergency or
extenuating circumstances outside the control of the alien.
(D) Use of certain documentation
The Attorney General shall require that—
(i) continuous residence and physical
presence in the United States must be established through documents, together
with independent corroboration of the information contained in such documents,
and
(ii) the documents provided under clause
(i) be employment-related if employmentrelated documents with respect to the
alien are available to the applicant.
(3) Interim final regulations
Regulations prescribed under this section
may be prescribed to take effect on an interim
final basis if the Attorney General determines
that this is necessary in order to implement
this section in a timely manner.
(h) Temporary disqualification of newly legalized aliens from receiving certain public welfare assistance
(1) In general
During the five-year period beginning on the
date an alien was granted lawful temporary
resident status under subsection (a) of this
section, and notwithstanding any other provision of law—
(A) except as provided in paragraphs (2)
and (3), the alien is not eligible for—
(i) any program of financial assistance
furnished under Federal law (whether
through grant, loan, guarantee, or otherwise) on the basis of financial need, as
such programs are identified by the Attorney General in consultation with other appropriate heads of the various departments
and agencies of Government (but in any
event including the State program of assistance under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]),
(ii) medical assistance under a State
plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.],
and
(iii) assistance under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.];
and

§ 1255a

(B) a State or political subdivision therein
may, to the extent consistent with subparagraph (A) and paragraphs (2) and (3), provide
that the alien is not eligible for the programs of financial assistance or for medical
assistance described in subparagraph (A)(ii)
furnished under the law of that State or political subdivision.
Unless otherwise specifically provided by this
section or other law, an alien in temporary
lawful residence status granted under subsection (a) of this section shall not be considered (for purposes of any law of a State or political subdivision providing for a program of
financial assistance) to be permanently residing in the United States under color of law.
(2) Exceptions
Paragraph (1) shall not apply—
(A) to a Cuban and Haitian entrant (as defined in paragraph (1) or (2)(A) of section
501(e) of Public Law 96–422 [8 U.S.C. 1255
note], as in effect on April 1, 1983), or
(B) in the case of assistance (other than assistance under a State program funded under
part A of title IV of the Social Security Act
[42 U.S.C. 601 et seq.]) which is furnished to
an alien who is an aged, blind, or disabled individual (as defined in section 1614(a)(1) of
the
Social
Security
Act
[42
U.S.C.
1382c(a)(1)]).
(3) Restricted medicaid benefits
(A) Clarification of entitlement
Subject to the restrictions under subparagraph (B), for the purpose of providing aliens
with eligibility to receive medical assistance—
(i) paragraph (1) shall not apply,
(ii) aliens who would be eligible for medical assistance but for the provisions of
paragraph (1) shall be deemed, for purposes
of title XIX of the Social Security Act [42
U.S.C. 1396 et seq.], to be so eligible, and
(iii) aliens lawfully admitted for temporary residence under this section, such
status not having changed, shall be considered to be permanently residing in the
United States under color of law.
(B) Restriction of benefits
(i) Limitation to emergency services and
services for pregnant women
Notwithstanding any provision of title
XIX of the Social Security Act [42 U.S.C.
1396 et seq.] (including subparagraphs (B)
and (C) of section 1902(a)(10) of such Act [42
U.S.C. 1396a(a)(10)(B), (C)]), aliens who, but
for subparagraph (A), would be ineligible
for medical assistance under paragraph (1),
are only eligible for such assistance with
respect to—
(I) emergency services (as defined for
purposes of section 1916(a)(2)(D) of the
Social
Security
Act
[42
U.S.C.
1396o(a)(2)(D)]), and
(II) services described in section
1916(a)(2)(B) of such Act (relating to
service for pregnant women).

§ 1255a

TITLE 8—ALIENS AND NATIONALITY

(ii) No restriction for exempt aliens and
children
The restrictions of clause (i) shall not
apply to aliens who are described in paragraph (2) or who are under 18 years of age.
(C) Definition of medical assistance
In this paragraph, the term ‘‘medical assistance’’ refers to medical assistance under
a State plan approved under title XIX of the
Social Security Act [42 U.S.C. 1396 et seq.].
(4) Treatment of certain programs
Assistance furnished under any of the following provisions of law shall not be construed
to be financial assistance described in paragraph (1)(A)(i):
(A) The Richard B. Russell National
School Lunch Act [42 U.S.C. 1751 et seq.].
(B) The Child Nutrition Act of 1966 [42
U.S.C. 1771 et seq.].
(C) The The 1 Carl D. Perkins Career and
Technical Education Act of 2006 [20 U.S.C.
2301 et seq.].
(D) Title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et
seq.].
(E) The Headstart-Follow Through Act [42
U.S.C. 2921 et seq.].
(F) Title I of the Workforce Investment
Act of 1998 [29 U.S.C. 2801 et seq.].
(G) Title IV of the Higher Education Act of
1965 [20 U.S.C. 1070 et seq., 42 U.S.C. 2751 et
seq.].
(H) The Public Health Service Act [42
U.S.C. 201 et seq.].
(I) Titles V, XVI, and XX [42 U.S.C. 701 et
seq., 1381 et seq., 1397 et seq.], and parts B, D,
and E of title IV [42 U.S.C. 620 et seq., 651 et
seq., 670 et seq.], of the Social Security Act
(and titles I, X, XIV, and XVI of such Act [42
U.S.C. 301 et seq., 1201 et seq., 1351 et seq.,
1381 et seq.] as in effect without regard to
the amendment made by section 301 of the
Social Security Amendments of 1972).
(5) Adjustment not affecting Fascell-Stone benefits
For the purpose of section 501 of the Refugee
Education Assistance Act of 1980 (Public Law
96–122) 2 [8 U.S.C. 1255 note], assistance shall be
continued under such section with respect to
an alien without regard to the alien’s adjustment of status under this section.
(i) Dissemination of information on legalization
program
Beginning not later than the date designated
by the Attorney General under subsection
(a)(1)(A) of this section, the Attorney General,
in cooperation with qualified designated entities, shall broadly disseminate information respecting the benefits which aliens may receive
under this section and the requirements to obtain such benefits.
(June 27, 1952, ch. 477, title II, ch. 5, § 245A, as
added Pub. L. 99–603, title II, § 201(a)(1), Nov. 6,
1986, 100 Stat. 3394; amended Pub. L. 100–525,
§ 2(h)(1), Oct. 24, 1988, 102 Stat. 2611; Pub. L.
1 So
2 So

in original.
in original. Probably should be ‘‘(Public Law 96–422)’’.

Page 322

101–649, title VI, § 603(a)(13), title VII, § 703, Nov.
29, 1990, 104 Stat. 5083, 5086; Pub. L. 102–140, title
I, Oct. 28, 1991, 105 Stat. 785; Pub. L. 102–232, title
III, § 307(l)(6), Dec. 12, 1991, 105 Stat. 1756; Pub. L.
103–382, title III, § 394(g), Oct. 20, 1994, 108 Stat.
4028; Pub. L. 103–416, title I, § 108(b), title II,
§ 219(l)(1), Oct. 25, 1994, 108 Stat. 4310, 4317; Pub.
L. 104–132, title IV, § 431(a), Apr. 24, 1996, 110 Stat.
1273; Pub. L. 104–193, title I, § 110(s)(2), Aug. 22,
1996, 110 Stat. 2175; Pub. L. 104–208, div. C, title
III, §§ 308(g)(2)(B), (5)(A)(iii), 377(a), 384(d)(1), title
VI, § 623(a), Sept. 30, 1996, 110 Stat. 3009–622,
3009–623, 3009–649, 3009–653, 3009–696; Pub. L.
105–277, div. A, § 101(f) [title VIII, § 405(d)(4),
(f)(4)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419,
2681–430; Pub. L. 105–332, § 3(a), Oct. 31, 1998, 112
Stat. 3125; Pub. L. 106–78, title VII, § 752(b)(5),
Oct. 22, 1999, 113 Stat. 1169; Pub. L. 109–270, § 2(a),
Aug. 12, 2006, 120 Stat. 746; Pub. L. 110–234, title
IV, § 4002(b)(1)(B), (2)(J), May 22, 2008, 122 Stat.
1096, 1097; Pub. L. 110–246, § 4(a), title IV,
§ 4002(b)(1)(B), (2)(J), June 18, 2008, 122 Stat. 1664,
1857, 1858.)
REFERENCES IN TEXT
The Military Selective Service Act, referred to in
subsec. (a)(4)(D), is act June 24, 1948, ch. 625, 62 Stat.
604, as amended, which is classified principally to section 451 et seq. of Title 50, Appendix, War and National
Defense. For complete classification of this Act to the
Code, see note set out under section 451 of Title 50, Appendix, and Tables.
Public Law 96–422, referred to in subsecs. (a) and
(h)(2)(A), (5), is Pub. L. 96–422, Oct. 10, 1980, 94 Stat. 1799,
as amended, which is known as the Refugee Education
Assistance Act of 1980, and is set out as a note under
section 1522 of this title.
Public Law 89–732, referred to in subsec. (c)(2)(B), is
Pub. L. 89–732, Nov. 2, 1966, 80 Stat. 1161, as amended,
which is set out as a note under section 1255 of this
title.
Public Law 95–145, referred to in subsec. (c)(2)(B), is
Pub. L. 95–145, Oct. 28, 1977, 91 Stat. 1223, as amended.
Title I of Pub. L. 95–145 is set out as a note under section 1255 of this title. Title II of Pub. L. 95–145 amended
Pub. L. 94–23, which was set out as a note under section
2601 of Title 22, Foreign Relations and Intercourse, and
was repealed by Pub. L. 96–212, title III, § 312(c), Mar. 17,
1980, 94 Stat. 117.
Section 404 of the Immigration Reform and Control
Act of 1986, referred to in subsec. (c)(5)(A)(i), is section
404 of Pub. L. 99–603 which is set out as a note below.
Section 1105a of this title, referred to in subsec.
(f)(4)(A), was repealed by Pub. L. 104–208, div. C, title
III, § 306(b), Sept. 30, 1996, 110 Stat. 3009–612.
The Social Security Act, referred to in subsec.
(h)(1)(A), (2)(B), (3)(A)(ii), (B)(i), (C), (4)(I), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Parts A, B, D,
and E of title IV of the Social Security Act are classified generally to parts A (§ 601 et seq.), B (§ 620 et seq.),
D (§ 651 et seq.), and E (§ 670 et seq.), respectively, of
subchapter IV of chapter 7 of Title 42, The Public
Health and Welfare. Titles I, V, X, XIV, XVI, XIX, and
XX of the Social Security Act are classified generally
to subchapters I (§ 301 et seq.), V (§ 701 et seq.), X (§ 1201
et seq.), XIV (§ 1351 et seq.), XVI (§ 1381 et seq.), XIX
(§ 1396 et seq.), and XX (§ 1397 et seq.), respectively, of
chapter 7 of Title 42. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.
Section 301 of the Social Security Amendments of
1972, referred to in subsec. (h)(4)(I), is section 301 of
Pub. L. 92–603, title III, Oct. 30, 1972, 86 Stat. 1465, which
enacted sections 1381 to 1382e and 1383 to 1383c of Title
42.
The Food and Nutrition Act of 2008, referred to in
subsec. (h)(1)(A)(iii), is Pub. L. 88–525, Aug. 31, 1964, 78
Stat. 703, which is classified generally to chapter 51

Page 323

TITLE 8—ALIENS AND NATIONALITY

(§ 2011 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title
note set out under section 2011 of Title 7 and Tables.
The Richard B. Russell National School Lunch Act,
referred to in subsec. (h)(4)(A), is act June 4, 1946, ch.
281, 60 Stat. 230, as amended, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec.
(h)(4)(B), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, as
amended, which is classified generally to chapter 13A
(§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1771 of
Title 42 and Tables.
The Carl D. Perkins Career and Technical Education
Act of 2006, referred to in subsec. (h)(4)(C), is Pub. L.
88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally
by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683,
which is classified generally to chapter 44 (§ 2301 et seq.)
of Title 20, Education. For complete classification of
this Act to the Code, see Short Title note set out under
section 2301 of Title 20 and Tables.
The Elementary and Secondary Education Act of
1965, referred to in subsec. (h)(4)(D), is Pub. L. 89–10,
Apr. 11, 1965, 79 Stat. 27, as amended. Title I of the Act
is classified generally to subchapter I (§ 6301 et seq.) of
chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note
set out under section 6301 of Title 20 and Tables.
The Headstart-Follow Through Act, referred to in
subsec. (h)(4)(E), is title V of Pub. L. 88–452, Aug. 20,
1964, 78 Stat. 527, as amended, which was classified generally to subchapter V (§ 2921 et seq.) of chapter 34 of
Title 42, The Public Health and Welfare, prior to repeal
by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat.
519. For complete classification of this Act to the Code,
see Tables.
The Workforce Investment Act of 1998, referred to in
subsec. (h)(4)(F), is Pub. L. 105–220, Aug. 7, 1998, 112
Stat. 936, as amended. Title I of the Act is classified
principally to chapter 30 (§ 2801 et seq.) of Title 29,
Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 9201 of
Title 20, Education, and Tables.
The Higher Education Act of 1965, referred to in subsec. (h)(4)(G), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219,
as amended. Title IV of the Higher Education Act of
1965 is classified generally to subchapter IV (§ 1070 et
seq.) of chapter 28 of Title 20, Education, and part C
(§ 2751 et seq.) of subchapter I of chapter 34 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 1001 of Title 20 and Tables.
The Public Health Service Act, referred to in subsec.
(h)(4)(H), is act July 1, 1944, ch. 373, 58 Stat. 682, as
amended, which is classified generally to chapter 6A
(§ 201 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see
Short Title note set out under section 201 of Title 42
and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
PRIOR PROVISIONS
A prior section 1255a, Pub. L. 85–316, § 9, Sept. 11, 1957,
71 Stat. 641, provided for adjustment of status of certain resident aliens to that of a person admitted for
permanent residence, the recording by Attorney General of alien’s lawful admission for permanent residence, and for granting of nonquota status to spouse
and children, prior to repeal, eff. 180 days after Sept. 26,
1961, by Pub. L. 87–301, § 24(a)(5), (b), Sept. 26, 1961, 75
Stat. 657.

§ 1255a

AMENDMENTS
2008—Subsec.
(h)(1)(A)(iii).
Pub.
L.
110–246,
§ 4002(b)(1)(B), (2)(J), substituted ‘‘Food and Nutrition
Act of 2008’’ for ‘‘Food Stamp Act of 1977’’.
2006—Subsec. (h)(4)(C). Pub. L. 109–270 substituted
‘‘The Carl D. Perkins Career and Technical Education
Act of 2006’’ for ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’.
1999—Subsec. (h)(4)(A). Pub. L. 106–78 substituted
‘‘Richard B. Russell National School Lunch Act’’ for
‘‘National School Lunch Act’’.
1998—Subsec. (h)(4)(C). Pub. L. 105–332 substituted
‘‘Carl D. Perkins Vocational and Technical Education
Act of 1998’’ for ‘‘Vocational Education Act of 1963’’.
Subsec. (h)(4)(F). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(f)(4)], substituted ‘‘Title I’’ for ‘‘The Job Training
Partnership Act or title I’’.
Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(4)], substituted ‘‘The Job Training Partnership Act or title I of
the Workforce Investment Act of 1998.’’ for ‘‘The Job
Training Partnership Act.’’
1996—Subsec.
(a)(1)(B).
Pub.
L.
104–208,
§ 308(g)(5)(A)(iii), inserted ‘‘(as in effect before October
1, 1996)’’ after ‘‘section 1252 of this title’’.
Subsec. (c)(5). Pub. L. 104–208, § 623(a), amended heading and text of par. (5) generally, substituting subpars.
(A) to (E) for former par. consisting of introductory and
concluding provisions and subpars. (A) to (C), relating
to confidentiality of information.
Pub. L. 104–208, § 384(d)(1), substituted ‘‘Anyone who
uses, publishes, or permits information to be examined
in violation of this paragraph shall be subject to appropriate disciplinary action and subject to a civil money
penalty of not more than $5,000 for each violation.’’ for
‘‘Anyone who uses, publishes, or permits information
to be examined in violation of this paragraph shall be
fined in accordance with title 18 or imprisoned not
more than five years, or both.’’ in concluding provisions.
Pub. L. 104–132, § 431(a)(2), which directed the insertion of ‘‘and’’ and cl. (ii) after ‘‘Title 13’’, was executed
by making the insertion after ‘‘title 13’’ in concluding
provisions to reflect the probable intent of Congress.
Cl. (ii) read as follows: ‘‘may authorize an application
to a Federal court of competent jurisdiction for, and a
judge of such court may grant, an order authorizing
disclosure of information contained in the application
of the alien to be used—
‘‘(I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or
‘‘(II) for criminal law enforcement purposes against
the alien whose application is to be disclosed.’’
Pub. L. 104–132, § 431(a)(1), which directed amendment
by inserting ‘‘(i)’’ after ‘‘except the Attorney General’’,
was executed by making the insertion after ‘‘except
that the Attorney General’’ in concluding provisions to
reflect the probable intent of Congress.
Subsec. (f)(4)(A). Pub. L. 104–208, § 308(g)(2)(B), inserted ‘‘(as in effect before October 1, 1996)’’ after ‘‘section 1105a of this title’’.
Subsec. (f)(4)(C). Pub. L. 104–208, § 377(a), added subpar. (C).
Subsec. (h)(1)(A)(i). Pub. L. 104–193, § 110(s)(2)(A), substituted ‘‘State program of assistance’’ for ‘‘program of
aid to families with dependent children’’.
Subsec. (h)(2)(B). Pub. L. 104–193, § 110(s)(2)(B), substituted ‘‘assistance under a State program funded
under part A of title IV of the Social Security Act’’ for
‘‘aid to families with dependent children’’.
1994—Subsec. (b)(1)(D)(i)(I), (iii). Pub. L. 103–416,
§ 108(b), substituted ‘‘1423(a)’’ for ‘‘1423’’.
Subsec. (c)(7)(C). Pub. L. 103–416, § 219(l)(1), realigned
margins and substituted ‘‘subparagraph (B)’’ for ‘‘subsection (B)’’.
Subsec. (h)(4)(D). Pub. L. 103–382 amended subpar. (D)
generally. Prior to amendment, subpar. (D) read as follows: ‘‘Chapter 1 of the Education Consolidation and
Improvement Act of 1981.’’

§ 1255a

TITLE 8—ALIENS AND NATIONALITY

1991—Subsec. (c)(7)(C). Pub. L. 102–140, which directed
the addition ‘‘after subsection (B)’’ of ‘‘a new subsection’’ (C), was executed by adding subpar. (C) after
subpar. (B) to reflect the probable intent of Congress.
Subsec. (d)(2)(B)(ii). Pub. L. 102–232, substituted ‘‘Subclause (IV)’’ for ‘‘Subclause (II)’’ in last sentence, added
subcl. (III), redesignated former subcl. (III) as (II) and
former subcl. (II) as (IV), and struck out former subcl.
(IV) which read as follows: ‘‘Paragraphs (3) (relating to
security and related grounds), other than subparagraph
(E) thereof.’’
1990—Subsec. (b)(1)(A). Pub. L. 101–649, § 703(a)(1), substituted ‘‘2-year period’’ for ‘‘one-year period’’.
Subsec. (b)(2)(C). Pub. L. 101–649, § 703(a)(2), substituted ‘‘43rd’’ for ‘‘thirty-first’’.
Subsec. (c)(7)(A). Pub. L. 101–649, § 703(b), inserted at
end ‘‘The Attorney General shall provide for an additional fee for filing an application for adjustment under
subsection (b)(1) of this section after the end of the
first year of the 2-year period described in subsection
(b)(1)(A) of this section.’’
Subsec. (d)(2)(A). Pub. L. 101–649, § 603(a)(13)(A), substituted ‘‘(5) and (7)(A)’’ for ‘‘(14), (20), (21), (25), and
(32)’’.
Subsec. (d)(2)(B)(ii). Pub. L. 101–649, § 603(a)(13)(G),
substituted ‘‘1182(a)(4)’’ for ‘‘1182(a)(15)’’ in last sentence.
Subsec. (d)(2)(B)(ii)(I). Pub. L. 101–649, § 603(a)(13)(B),
substituted ‘‘Paragraphs (2)(A) and (2)(B)’’ for ‘‘Paragraphs (9) and (10)’’.
Subsec. (d)(2)(B)(ii)(II). Pub. L. 101–649, § 603(a)(13)(C),
substituted ‘‘(4)’’ for ‘‘(15)’’.
Subsec. (d)(2)(B)(ii)(III). Pub. L. 101–649, § 603(a)(13)(D),
substituted ‘‘(2)(C)’’ for ‘‘(23)’’.
Subsec. (d)(2)(B)(ii)(IV). Pub. L. 101–649, § 603(a)(13)(E),
substituted ‘‘(3) (relating to security and related
grounds), other than subparagraph (E) thereof’’ for
‘‘(27), (28), and (29) (relating to national security and
members of certain organizations)’’.
Subsec. (d)(2)(B)(ii)(V). Pub. L. 101–649, § 603(a)(13)(F),
struck out subcl. (V) which referred to par. (33).
Subsec. (d)(2)(B)(iii). Pub. L. 101–649, § 603(a)(13)(H),
substituted ‘‘1182(a)(4)’’ for ‘‘1182(a)(15)’’.
1988—Subsec. (a)(1)(B). Pub. L. 100–525, § 2(h)(1)(A),
substituted ‘‘12-month’’ for ‘‘18-month’’.
Subsec. (b)(1)(D)(ii). Pub. L. 100–525, § 2(h)(1)(B), inserted references to developmentally disabled in heading and text.
Subsec. (c)(1). Pub. L. 100–525, § 2(h)(1)(C), amended
closing provisions generally without change.
Subsec. (c)(5). Pub. L. 100–525, § 2(h)(1)(D)(ii), substituted semicolon for period at end of first sentence
and inserted ‘‘except that the Attorney General may
provide, in the Attorney General’s discretion, for the
furnishing of information furnished under this section
in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce
under section 8 of title 13.’’
Subsec. (c)(5)(A). Pub. L. 100–525, § 2(h)(1)(D)(i), inserted ‘‘or for the preparation of reports to Congress
under section 404 of the Immigration Reform and Control Act of 1986’’ after ‘‘paragraph (6)’’.
Subsec. (d)(2)(B)(ii). Pub. L. 100–525, § 2(h)(1)(E)(ii), inserted at end ‘‘Subclause (II) (prohibiting the waiver of
section 1182(a)(15) of this title) shall not apply to an
alien who is or was an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act).’’
Subsec. (d)(2)(B)(ii)(II). Pub. L. 100–525, § 2(h)(1)(E)(i),
struck out ‘‘by an alien other than an alien who is eligible for benefits under title XVI of the Social Security
Act or section 212 of Public Law 93–66 for the month in
which such alien is granted lawful temporary residence
status under subsection (a) of this section’’ after ‘‘permanent residence’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-

Page 324

wise provided, see section 4 of Pub. L. 110–246,
as an Effective Date note under section 8701 of
Agriculture.
Amendment by section 4002(b)(1)(B), (2)(J) of
110–246 effective Oct. 1, 2008, see section 4407 of
110–246, set out as a note under section 1161 of
The Congress.

set out
Title 7,
Pub. L.
Pub. L.
Title 2,

EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 101(f) [title VIII, § 405(d)(4)] of
Pub. L. 105–277 effective Oct. 21, 1998, and amendment
by section 101(f) [title VIII, § 405(f)(4)] of Pub. L. 105–277
effective July 1, 2000, see section 101(f) [title VIII,
§ 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note
under section 3502 of Title 5, Government Organization
and Employees.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 308(g)(2)(B), (5)(A)(iii) 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.
Section 377(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as if included in the
enactment of the Immigration Reform and Control Act
of 1986 [Pub. L. 99–603].’’
Amendment by section 384(d)(1) of Pub. L. 104–208 applicable to offenses occurring on or after Sept. 30, 1996,
see section 384(d)(2) of Pub. L. 104–208, set out as a note
under section 1160 of this title.
Amendment by Pub. L. 104–193 effective July 1, 1997,
with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and
proceedings commenced before such date, rules relating
to closing out of accounts for terminated or substantially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions
relating to termination of entitlement under AFDC
program, see section 116 of Pub. L. 104–193, as amended,
set out as an Effective Date note under section 601 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 219(l)(1) of Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of
Pub. L. 103–416, set out as a note under section 1101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(l) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 603(a) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 603(a)(13) of Pub. L. 101–649 applicable to applications for adjustment of status made
on or after June 1, 1991, see section 601(e)(2) of Pub. L.
101–649, set out as a note under section 1101 of this title.
EFFECTIVE DATE 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 a note under section 1101 of this title.
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.
REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED ALIENS
Section 109 of Pub. L. 103–416 provided that: ‘‘Not
later than June 30, 1996, the Commissioner of the Immi-

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TITLE 8—ALIENS AND NATIONALITY

gration and Naturalization Service shall prepare and
submit to the Congress a report concerning the citizenship status of aliens legalized under section 245A and
section 210 of the Immigration and Nationality Act [8
U.S.C. 1255a, 1160]. Such report shall include the following information by district office for each national origin group:
‘‘(1) The number of applications for citizenship
filed.
‘‘(2) The number of applications approved.
‘‘(3) The number of applications denied.
‘‘(4) The number of applications pending.’’
FAMILY UNITY
Section 301 of Pub. L. 101–649, as amended by Pub. L.
101–649, title VI, § 603(a)(23), Nov. 29, 1990, 104 Stat. 5084;
Pub. L. 103–416, title II, § 206(a), Oct. 25, 1994, 108 Stat.
4311; Pub. L. 104–208, div. C, title III, §§ 308(d)(4)(R),
(e)(2)(H), (16), (g)(1), (7)(E)(ii), 383(a), Sept. 30, 1996, 110
Stat. 3009–619 to 3009–622, 3009–624, 3009–652, provided
that:
‘‘(a) TEMPORARY STAY OF REMOVAL AND WORK AUTHORIZATION FOR CERTAIN ELIGIBLE IMMIGRANTS.—The
Attorney General shall provide that in the case of an
alien who is an eligible immigrant (as defined in subsection (b)(1)) as of May 5, 1988 (in the case of a relationship to a legalized alien described in subsection
(b)(2)(B) or (b)(2)(C)) or as of December 1, 1988 (in the
case of a relationship to a legalized alien described in
subsection (b)(2)(A)), who has entered the United States
before such date, who resided in the United States on
such date, and who is not lawfully admitted for permanent residence, the alien—
‘‘(1) may not be removed or otherwise required to
depart from the United States on a ground specified
in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section
237(a) of the Immigration and Nationality Act [8
U.S.C. 1227(a)] (other than so much of section
237(a)(1)(A) of such Act as relates to a ground of inadmissibility described in paragraph (2) or (3) of section
212(a) of such Act [8 U.S.C. 1182(a)]), and
‘‘(2) shall be granted authorization to engage in employment in the United States and be provided an
‘employment authorized’ endorsement or other appropriate work permit.
‘‘(b) ELIGIBLE IMMIGRANT AND LEGALIZED ALIEN DEFINED.—In this section:
‘‘(1) The term ‘eligible immigrant’ means a qualified immigrant who is the spouse or unmarried child
of a legalized alien.
‘‘(2) The term ‘legalized alien’ means an alien lawfully admitted for temporary or permanent residence
who was provided—
‘‘(A) temporary or permanent residence status
under section 210 of the Immigration and Nationality Act [8 U.S.C. 1160],
‘‘(B) temporary or permanent residence status
under section 245A of the Immigration and Nationality Act [8 U.S.C. 1255a], or
‘‘(C) permanent residence status under section 202
of the Immigration Reform and Control Act of 1986
[Pub. L. 99–603, set out below].
‘‘(c) APPLICATION OF DEFINITIONS.—Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] shall apply in the administration of this section.
‘‘(d) TEMPORARY DISQUALIFICATION FROM CERTAIN
PUBLIC WELFARE ASSISTANCE.—Aliens provided the benefits of this section by virtue of their relation to a legalized alien described in subsection (b)(2)(A) or
(b)(2)(B) shall be ineligible for public welfare assistance
in the same manner and for the same period as the legalized alien is ineligible for such assistance under section 245A(h) or 210(f), respectively, of the Immigration
and Nationality Act [8 U.S.C. 1255a(h), 1160(f)].
‘‘(e) EXCEPTION FOR CERTAIN ALIENS.—An alien is not
eligible for the benefits of this section if the Attorney
General finds that—
‘‘(1) the alien has been convicted of a felony or 3 or
more misdemeanors in the United States,

§ 1255a

‘‘(2) the alien is described in section 208(b)(2)(A) of
the Immigration and Nationality Act [8 U.S.C.
1158(b)(2)(A)], or
‘‘(3) [the alien] has committed an act of juvenile delinquency which if committed by an adult would be
classified as—
‘‘(A) a felony crime of violence that has an element the use or attempted use of physical force
against another individual, or
‘‘(B) a felony offense that by its nature involves
a substantial risk that physical force against another individual may be used in the course of committing the offense.
‘‘(f) CONSTRUCTION.—Nothing in this section shall be
construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order
to obtain benefits under this section.
‘‘(g) EFFECTIVE DATE.—This section shall take effect
on October 1, 1991; except that the delay in effectiveness of this section shall not be construed as reflecting
a Congressional belief that the existing family fairness
program should be modified in any way before such
date.’’
[Section 383(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending section 301 of Pub. L. 101–649, set out above]
shall apply to benefits granted or extended after the
date of the enactment of this Act [Sept. 30, 1996].’’]
[Section 206(b) of Pub. L. 103–416 provided that: ‘‘The
amendment made by subsection (a) [amending section
301 of Pub. L. 101–649, set out above] shall be deemed to
have become effective as of October 1, 1991.’’]
USE OF CAPITAL ASSETS BY IMMIGRATION AND
NATURALIZATION SERVICE
Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 1000,
provided: ‘‘That for fiscal year 1990 and hereafter capital assets acquired by the Immigration Legalization
account may be made available for the general use of
the Immigration and Naturalization Service after they
are no longer needed for immigration legalization purposes’’.
ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN
NATIONALS OF COUNTRIES FOR WHICH EXTENDED VOLUNTARY DEPARTURE HAS BEEN MADE AVAILABLE
Pub. L. 100–204, title IX, § 902, Dec. 22, 1987, 101 Stat.
1400, provided that:
‘‘(a) ADJUSTMENT OF STATUS.—The status of any alien
who is a national of a foreign country the nationals of
which were provided (or allowed to continue in) ‘extended voluntary departure’ by the Attorney General
on the basis of a nationality group determination at
any time during the 5-year period ending on November
1, 1987, shall be adjusted by the Attorney General to
that of an alien lawfully admitted for temporary residence if the alien—
‘‘(1) applies for such adjustment within two years
after the date of the enactment of this Act [Dec. 22,
1987];
‘‘(2) establishes that (A) the alien entered the
United States before July 21, 1984, and (B) has resided
continuously in the United States since such date
and through the date of the enactment of this Act;
‘‘(3) establishes continuous physical presence in the
United States (other than brief, casual, and innocent
absences) since the date of the enactment of this Act;
‘‘(4) in the case of an alien who entered the United
States as a nonimmigrant before July 21, 1984, establishes that (A) the alien’s period of authorized stay as
a nonimmigrant expired not later than six months
after such date through the passage of time or (B) the
alien applied for asylum before July 21, 1984; and
‘‘(5) meets the requirements of section 245A(a)(4) of
the Immigration and Nationality Act (8 U.S.C.
1255a(a)(4)).
The Attorney General shall provide for the acceptance
and processing of applications under this subsection by
not later than 90 days after the date of the enactment
of this Act.

§ 1255b

TITLE 8—ALIENS AND NATIONALITY

‘‘(b) STATUS AND ADJUSTMENT OF STATUS.—The provisions of subsections (b), (c)(6), (d), (f), (g), (h), and (i) of
section 245A of the Immigration and Nationality Act (8
U.S.C. 1255a) shall apply to aliens provided temporary
residence under subsection (a) in the same manner as
they apply to aliens provided lawful temporary residence status under section 245A(a) of such Act.’’
Similar provisions were contained in Pub. L. 100–202,
§ 101(a) [title IX, §§ 901, 902], Dec. 22, 1987, 101 Stat. 1329,
1329–43.
PROCEDURES FOR PROPERTY ACQUISITION OR LEASING
Pub. L. 99–603, title II, § 201(c)(1), Nov. 6, 1986, 100 Stat.
3403, provided that notwithstanding Federal Property
and Administrative Services Act of 1949 [see chapters 1
to 11 of Title 40, Public Buildings, Property, and Works,
and division C (except sections 3302, 3307(e), 3501(b),
3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public
Contracts], the Attorney General was authorized for
period of up to two years after effective date of legalization program, to expend from appropriation provided
for administration and enforcement of this chapter,
such amounts necessary for leasing or acquisition of
property in fulfillment of section 201 of Pub. L. 99–603,
which enacted this section and amended sections 602,
672, and 673 of Title 42, The Public Health and Welfare.
USE OF RETIRED FEDERAL EMPLOYEES
Section 201(c)(2) of Pub. L. 99–603, as amended by Pub.
L. 100–525, § 2(h)(2), Oct. 24, 1988, 102 Stat. 2612, provided
that: ‘‘Notwithstanding any other provision of law, the
retired or retainer pay of a member or former member
of the Armed Forces of the United States or the pay
and annuity of a retired employee of the Federal Government who retired on or before January 1, 1986, shall
not be reduced while such individual is temporarily employed by the Immigration and Naturalization Service
for a period of not to exceed 18 months to perform duties in connection with the adjustment of status of
aliens under this section [enacting this section and
amending sections 602, 672, and 673 of Title 42, The Public Health and Welfare]. The Service shall not temporarily employ more than 300 individuals under this
paragraph. Notwithstanding any other provision of law,
the annuity of a retired employee of the Federal Government shall not be increased or redetermined under
chapter 83 or 84 of title 5, United States Code, as a result of a period of temporary employment under this
paragraph.’’
CUBAN-HAITIAN ADJUSTMENT
Section 202 of Pub. L. 99–603, as amended by Pub. L.
100–525, § 2(i), Oct. 24, 1988, 102 Stat. 2612, provided that
the status of an alien who received an immigration designation as a Cuban/Haitian Entrant as of Nov. 6, 1986,
or who was a national of Cuba or Haiti, who arrived in
the United States before Jan. 1, 1982, could be adjusted
by the Attorney General to that of an alien lawfully
admitted for permanent residence if the alien applied
for such adjustment within two years after Nov. 6, 1986,
and met certain other eligibility requirements.
STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS
Section 204 of Pub. L. 99–603, as amended by Pub. L.
100–525, § 2(k), Oct. 24, 1988, 102 Stat. 2612; Pub. L.
101–166, title II, Nov. 21, 1989, 103 Stat. 1174; Pub. L.
101–238, § 6(a), Dec. 18, 1989, 103 Stat. 2104; Pub. L.
101–517, title II, Nov. 5, 1990, 104 Stat. 2206; Pub. L.
102–170, title II, Nov. 26, 1991, 105 Stat. 1124; Pub. L.
102–394, title II, Oct. 6, 1992, 106 Stat. 1808; Pub. L.
103–333, title II, Sept. 30, 1994, 108 Stat. 2558; Pub. L.
103–416, title II, § 219(cc), Oct. 25, 1994, 108 Stat. 4319;
Pub. L. 104–208, div. C, title VI, § 671(b)(9), (d)(2), Sept.
30, 1996, 110 Stat. 3009–722, 3009–723, related to State legalization impact-assistance grants and appropriation
of funds, prior to repeal by Pub. L. 105–220, title I,
§ 199(a)(1), Aug. 7, 1998, 112 Stat. 1058.

Page 326

APPLICATION OF CERTAIN STATE ASSISTANCE
PROVISIONS
Section 303(c) of Pub. L. 99–603, defined ‘‘eligible legalized alien’’ relative to State legalization assistance,
prior to repeal by Pub. L. 100–525, § 2(n)(3), Oct. 24, 1988,
102 Stat. 2613.
REPORTS ON LEGALIZATION PROGRAM
Section 404 of Pub. L. 99–603 provided that:
‘‘(a) IN GENERAL.—The President shall transmit to
Congress two reports on the legalization program established under section 245A of the Immigration and
Nationality Act [8 U.S.C. 1255a].
‘‘(b) INITIAL REPORT DESCRIBING LEGALIZED ALIENS.—
The first report, which shall be transmitted not later
than 18 months after the end of the application period
for adjustment to lawful temporary residence status
under the program, shall include a description of the
population whose status is legalized under the program,
including—
‘‘(1) geographical origins and manner of entry of
these aliens into the United States,
‘‘(2) their demographic characteristics, and
‘‘(3) a general profile and characteristics.
‘‘(c) SECOND REPORT ON IMPACT OF LEGALIZATION PROGRAM.—The second report, which shall be transmitted
not later than three years after the date of transmittal
of the first report, shall include a description of—
‘‘(1) the impact of the program on State and local
governments and on public health and medical needs
of individuals in the different regions of the United
States,
‘‘(2) the patterns of employment of the legalized
population, and
‘‘(3) the participation of legalized aliens in social
service programs.’’
[Functions of President under section 404 of Pub. L.
99–603 relating to initial report described in section
404(b) delegated to Secretary of Homeland Security and
relating to second report described in section 404(c) delegated to Secretary of Labor by sections 1(c) and 2(c) of
Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, as amended, set out as a note under section 1364 of this title.]

§ 1255b. Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence
Notwithstanding any other provision of law—
(a) Application
Any alien admitted to the United States as a
nonimmigrant under the provisions of either
section 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or
(ii) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(15)(A)(i), (ii), (G)(i), (ii)], who has
failed to maintain a status under any of those
provisions, may apply to the Attorney General
for adjustment of his status to that of an alien
lawfully admitted for permanent residence.
(b) Record of admission
If, after consultation with the Secretary of
State, it shall appear to the satisfaction of the
Attorney General that the alien has shown compelling reasons demonstrating both that the
alien is unable to return to the country represented by the government which accredited
the alien or the member of the alien’s immediate family and that adjustment of the alien’s
status to that of an alien lawfully admitted for
permanent residence would be in the national
interest, that the alien is a person of good moral
character, that he is admissible for permanent
residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], and that such ac-

Page 327

TITLE 8—ALIENS AND NATIONALITY

tion would not be contrary to the national welfare, safety, or security, the Attorney General,
in his discretion, may record the alien’s lawful
admission for permanent residence as of the
date the order of the Attorney General approving the application for adjustment of status is
made.
(c) Report to the Congress; resolution not favoring adjustment of status; reduction of quota
A complete and detailed statement of the facts
and pertinent provisions of law in the case shall
be reported to the Congress with the reasons for
such adjustment of status. Such reports shall be
submitted on the first day of each calendar
month in which Congress is in session. The Secretary of State shall, if the alien was classifiable
as a quota immigrant at the time of his entry,
reduce by one the quota of the quota area to
which the alien is chargeable under section 202
of the Immigration and Nationality Act [8
U.S.C. 1152] for the fiscal year then current or
the next following year in which a quota is
available. No quota shall be so reduced by more
than 50 per centum in any fiscal year.
(d) Limitations
The number of aliens who may be granted the
status of aliens lawfully admitted for permanent
residence in any fiscal year, pursuant to this
section, shall not exceed fifty.
(Pub. L. 85–316, § 13, Sept. 11, 1957, 71 Stat. 642;
Pub. L. 97–116, § 17, Dec. 29, 1981, 95 Stat. 1619;
Pub. L. 100–525, § 9(kk), Oct. 24, 1988, 102 Stat.
2622; Pub. L. 103–416, title II, § 207, Oct. 25, 1994,
108 Stat. 4312; Pub. L. 104–208, div. C, title VI,
§ 671(b)(4), Sept. 30, 1996, 110 Stat. 3009–721.)
REFERENCES IN TEXT
The Immigration and Nationality Act, referred to in
subsec. (b), 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.
AMENDMENTS
1996—Subsec. (c). Pub. L. 104–208 made technical
amendment to directory language of Pub. L. 103–416,
§ 207(2). See 1994 Amendment note below.
1994—Subsec. (c). Pub. L. 103–416, § 207(1), struck out
after second sentence ‘‘If, during the session of the Congress at which a case is reported, or prior to the close
of the session of Congress next following the session at
which a case is reported, either the Senate or the House
of Representatives passes a resolution stating in substance that it does not favor the adjustment of status
of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law.’’
Pub. L. 103–416, § 207(2), as amended by Pub. L. 104–208,
substituted ‘‘The’’ for ‘‘If neither the Senate nor the
House of Representatives passes such a resolution within the time above specified, the’’.
1988—Subsec. (b). Pub. L. 100–525 struck out ‘‘of’’ after
‘‘as of the date’’.
1981—Subsec. (b). Pub. L. 97–116 inserted provision requiring that the alien has shown compelling reasons
demonstrating both that the alien is unable to return
to the country represented by the government which
accredited the alien or the member of the alien’s imme-

§ 1256

diate family and that adjustment of the alien’s status
to that of an alien lawfully admitted for permanent
residence would be in the national interest.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective as if included
in the enactment of the Immigration and Nationality
Technical Corrections Act of 1994, Pub. L. 103–416, see
section 671(b)(14) of Pub. L. 104–208, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.
DEFINITIONS; APPLICABILITY OF SECTION 1101(a) AND (b)
OF THIS TITLE
The definitions in subsecs. (a) and (b) of section 1101
of this title apply to this section, see section 14 of Pub.
L. 85–316, set out as a note under section 1101 of this
title.

§ 1256. Rescission of adjustment of status; effect
upon naturalized citizen
(a) If, at any time within five years after the
status of a person has been otherwise adjusted
under the provisions of section 1255 or 1259 of
this title or any other provision of law to that
of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the
Attorney General that the person was not in
fact eligible for such adjustment of status, the
Attorney General shall rescind the action taken
granting an adjustment of status to such person
and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter
to the same extent as if the adjustment of status
had not been made. Nothing in this subsection
shall require the Attorney General to rescind
the alien’s status prior to commencement of
procedures to remove the alien under section
1229a of this title, and an order of removal issued
by an immigration judge shall be sufficient to
rescind the alien’s status.
(b) Any person who has become a naturalized
citizen of the United States upon the basis of a
record of a lawful admission for permanent residence, created as a result of an adjustment of
status for which such person was not in fact eligible, and which is subsequently rescinded under
subsection (a) of this section, shall be subject to
the provisions of section 1451 of this title as a
person whose naturalization was procured by
concealment of a material fact or by willful misrepresentation.
(June 27, 1952, ch. 477, title II, ch. 5, § 246, 66 Stat.
217; Pub. L. 103–416, title II, § 219(m), Oct. 25, 1994,
108 Stat. 4317; Pub. L. 104–208, div. C, title III,
§§ 308(e)(1)(H), 378(a), Sept. 30, 1996, 110 Stat.
3009–619, 3009–649.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,

§ 1257

TITLE 8—ALIENS AND NATIONALITY

66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208, § 378(a), inserted at
end ‘‘Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to
commencement of procedures to remove the alien
under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.’’
Pub. L. 104–208, § 308(e)(1)(H), substituted ‘‘removal’’
for ‘‘deportation’’.
1994—Subsec. (a). Pub. L. 103–416 struck out first
three sentences which read as follows: ‘‘If, at any time
within five years after the status of a person has been
adjusted under the provisions of section 1254 of this
title or under section 19(c) of the Immigration Act of
February 5, 1917, to that of an alien lawfully admitted
for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in
fact eligible for such adjustment of status, the Attorney General shall submit to the Congress a complete
and detailed statement of the facts and pertinent provisions of law in the case. Such reports shall be submitted on the first and fifteenth day of each calendar
month in which Congress is in session. If during the
session of the Congress at which a case is reported, or
prior to the close of the session of the Congress next
following the session at which a case is reported, the
Congress passes a concurrent resolution withdrawing
suspension of deportation, the person shall thereupon
be subject to all provisions of this chapter to the same
extent as if the adjustment of status had not been
made.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(1)(H) 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.
Section 378(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the title III–A effective date (as defined in section 309(a) of this division
[set out as a note under section 1101 of this title]).’’
EFFECTIVE DATE OF 1994 AMENDMENT
Section 219(m) of Pub. L. 103–416 provided that the
amendment made by that section is effective Oct. 25,
1994.
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.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.

§ 1257. Adjustment of status of certain resident
aliens to nonimmigrant status; exceptions
(a) The status of an alien lawfully admitted
for permanent residence shall be adjusted by the
Attorney General, under such regulations as he

Page 328

may prescribe, to that of a nonimmigrant under
paragraph (15)(A), (E), or (G) of section 1101(a) of
this title, if such alien had at the time of admission or subsequently acquires an occupational
status which would, if he were seeking admission to the United States, entitle him to a nonimmigrant status under such paragraphs. As of
the date of the Attorney General’s order making
such adjustment of status, the Attorney General
shall cancel the record of the alien’s admission
for permanent residence, and the immigrant
status of such alien shall thereby be terminated.
(b) The adjustment of status required by subsection (a) of this section shall not be applicable
in the case of any alien who requests that he be
permitted to retain his status as an immigrant
and who, in such form as the Attorney General
may require, executes and files with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any
law or any executive order which would otherwise accrue to him because of the acquisition of
an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E),
or (G) of section 1101(a) of this title.
(June 27, 1952, ch. 477, title II, ch. 5, § 247, 66 Stat.
218; Pub. L. 104–208, div. C, title III, § 308(f)(1)(P),
Sept. 30, 1996, 110 Stat. 3009–621.)
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208 substituted ‘‘time of
admission’’ for ‘‘time of entry’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
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.

§ 1258. Change of nonimmigrant classification
(a) The Secretary of Homeland Security may,
under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted
to the United States as a nonimmigrant who is
continuing to maintain that status and who is
not inadmissible under section 1182(a)(9)(B)(i) of
this title (or whose inadmissibility under such
section is waived under section 1182(a)(9)(B)(v) of
this title), except (subject to subsection (b) of
this section) in the case of—
(1) an alien classified as a nonimmigrant
under subparagraph (C), (D), (K), or (S) of section 1101(a)(15) of this title,
(2) an alien classified as a nonimmigrant
under subparagraph (J) of section 1101(a)(15) of
this title who came to the United States or acquired such classification in order to receive
graduate medical education or training,
(3) an alien (other than an alien described in
paragraph (2)) classified as a nonimmigrant
under subparagraph (J) of section 1101(a)(15) of
this title who is subject to the two-year for-

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TITLE 8—ALIENS AND NATIONALITY

eign residence requirement of section 1182(e) of
this title and has not received a waiver thereof, unless such alien applies to have the alien’s
classification changed from classification
under subparagraph (J) of section 1101(a)(15) of
this title to a classification under subparagraph (A) or (G) of such section, and
(4) an alien admitted as a nonimmigrant visitor without a visa under section 1182(l) of this
title or section 1187 of this title.
(b) The exceptions specified in paragraphs (1)
through (4) of subsection (a) of this section shall
not apply to a change of nonimmigrant classification to that of a nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15) of this
title.
(June 27, 1952, ch. 477, title II, ch. 5, § 248, 66 Stat.
218; Pub. L. 87–256, § 109(d), Sept. 21, 1961, 75 Stat.
535; Pub. L. 97–116, § 10, Dec. 29, 1981, 95 Stat.
1617; Pub. L. 99–603, title III, § 313(d), Nov. 6, 1986,
100 Stat. 3439; Pub. L. 103–322, title XIII,
§ 130003(b)(3), Sept. 13, 1994, 108 Stat. 2025; Pub. L.
104–208, div. C, title III, § 301(b)(2), title VI,
§ 671(a)(2), Sept. 30, 1996, 110 Stat. 3009–578,
3009–721; Pub. L. 109–162, title VIII, § 821(c)(1),
Jan. 5, 2006, 119 Stat. 3062.)
AMENDMENTS
2006—Pub. L. 109–162 designated existing provisions as
subsec. (a), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’, inserted ‘‘(subject to
subsection (b) of this section)’’ after ‘‘except’’ in introductory provisions, and added subsec. (b).
1996—Pub. L. 104–208, § 301(b)(2), in introductory provisions, inserted ‘‘and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section
1182(a)(9)(B)(v) of this title)’’ after ‘‘maintain that
status’’.
Par. (1). Pub. L. 104–208, § 671(a)(2), made technical
amendment to directory language of Pub. L. 103–322,
§ 130003(b)(3). See 1994 Amendment note below.
1994—Par. (1). Pub. L. 103–322, § 130003(b)(3), as amended by Pub. L. 104–208, § 671(a)(2), substituted ‘‘(K), or
(S)’’ for ‘‘or (K)’’.
1986—Par. (4). Pub. L. 99–603 added par. (4).
1981—Pub. L. 97–116 permitted certain exchange visitors who are not subject to a requirement of returning
to their home countries for two years, or who have had
such requirement waived, to adjust to a visitor or diplomat status, prohibited the adjustment of nonimmigrant status by fiancee or fiance nonimmigrants,
and specifically precluded the change of status with respect to doctors who have entered the United States as
exchange visitors for graduate medical training, even if
they have received a waiver of the two-year foreign residence requirement.
1961—Pub. L. 87–256 inserted references to paragraph
(15)(J) of section 1101(a) of this title in two places.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 301(b)(2) 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 671(a)(2) 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 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.

§ 1259

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.

§ 1259. Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1,
1972
A record of lawful admission for permanent
residence may, in the discretion of the Attorney
General and under such regulations as he may
prescribe, be made in the case of any alien, as of
the date of the approval of his application or, if
entry occurred prior to July 1, 1924, as of the
date of such entry, if no such record is otherwise
available and such alien shall satisfy the Attorney General that he is not inadmissible under
section 1182(a)(3)(E) of this title or under section
1182(a) of this title insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens, and he establishes that he—
(a) entered the United States prior to January 1, 1972;
(b) has had his residence in the United
States continuously since such entry;
(c) is a person of good moral character; and
(d) is not ineligible to citizenship and is not
deportable under section 1227(a)(4)(B) of this
title.
(June 27, 1952, ch. 477, title II, ch. 5, § 249, 66 Stat.
219; Pub. L. 85–616, Aug. 8, 1958, 72 Stat. 546; Pub.
L. 89–236, § 19, Oct. 3, 1965, 79 Stat. 920; Pub. L.
99–603, title II, § 203(a), Nov. 6, 1986, 100 Stat. 3405;
Pub. L. 100–525, § 2(j), Oct. 24, 1988, 102 Stat. 2612;
Pub. L. 101–649, title VI, § 603(a)(14), Nov. 29, 1990,
104 Stat. 5083; Pub. L. 104–132, title IV, § 413(e),
Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104–208, div.
C, title III, § 308(g)(10)(C), Sept. 30, 1996, 110 Stat.
3009–625.)
AMENDMENTS
1996—Par. (d). Pub. L. 104–208 substituted ‘‘section
1227(a)(4)(B)’’ for ‘‘section 1251(a)(4)(B)’’.
Pub. L. 104–132 inserted ‘‘and is not deportable under
section 1251(a)(4)(B) of this title’’ after ‘‘ineligible to
citizenship’’.
1990—Pub. L. 101–649 substituted ‘‘1182(a)(3)(E)’’ for
‘‘1182(a)(33)’’.
1988—Pub. L. 100–525 amended Pub. L. 99–603. See 1986
Amendment note below.
1986—Pub. L. 99–603, as amended by Pub. L. 100–525,
inserted ‘‘under section 1182(a)(33) of this title or’’ in
introductory provisions and substituted ‘‘January 1,
1972’’ for ‘‘June 30, 1948’’ in section heading and in par.
(a).
1965—Pub. L. 89–236 substituted ‘‘June 30, 1948’’ for
‘‘June 28, 1940’’.
1958—Pub. L. 85–616 permitted record of lawful admission to be made in the case of aliens who entered the
United States prior to June 28, 1940, authorized the
record to be made as of the date of the approval of the
application for those who entered subsequent to July 1,
1924, and prior to June 28, 1940, and substituted provisions requiring the alien to satisfy the Attorney General that he is not inadmissible under section 1182(a) of
this title insofar as it relates to criminals, procurers
and other immoral persons, subversives, violators of
the narcotic laws or smugglers of aliens for provisions
which required the alien to satisfy the Attorney General that he was not subject to deportation.

§ 1260

TITLE 8—ALIENS AND NATIONALITY
EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by 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 Pub. L. 104–132 effective Apr. 24, 1996,
and applicable to applications filed before, on, or after
such date if final action not yet taken on them before
such date, see section 413(g) of Pub. L. 104–132, set out
as a note under section 1253 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 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 a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
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.
APPLICABILITY OF NUMERICAL LIMITATIONS
Section 203(c) of Pub. L. 99–603 provided that: ‘‘The
numerical limitations of sections 201 and 202 of the Immigration and Nationality Act [8 U.S.C. 1151, 1152] shall
not apply to aliens provided lawful permanent resident
status under section 249 of that Act [8 U.S.C. 1259].’’

§ 1260. Removal of aliens falling into distress
The Attorney General may remove from the
United States any alien who falls into distress
or who needs public aid from causes arising subsequent to his entry, and is desirous of being so
removed, to the native country of such alien, or
to the country from which he came, or to the
country of which he is a citizen or subject, or to
any other country to which he wishes to go and
which will receive him, at the expense of the appropriation for the enforcement of this chapter.
Any alien so removed shall be ineligible to apply
for or receive a visa or other documentation for
readmission, or to apply for admission to the
United States except with the prior approval of
the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 5, § 250, 66 Stat.
219.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related

Page 330

references, see note set out under section 1551 of this
title.

PART VI—SPECIAL PROVISIONS RELATING TO
ALIEN CREWMEN
§ 1281. Alien crewmen
(a) Arrival; submission of list; exceptions
Upon arrival of any vessel or aircraft in the
United States from any place outside the United
States it shall be the duty of the owner, agent,
consignee, master, or commanding officer thereof to deliver to an immigration officer at the
port of arrival (1) a complete, true, and correct
list containing the names of all aliens employed
on such vessel or aircraft, the positions they respectively hold in the crew of the vessel or aircraft, when and where they were respectively
shipped or engaged, and those to be paid off or
discharged in the port of arrival; or (2) in the
discretion of the Attorney General, such a list
containing so much of such information, or such
additional or supplemental information, as the
Attorney General shall by regulations prescribe.
In the case of a vessel engaged solely in traffic
on the Great Lakes, Saint Lawrence River, and
connecting waterways, such lists shall be furnished at such times as the Attorney General
may require.
(b) Reports of illegal landings
It shall be the duty of any owner, agent, consignee, master, or commanding officer of any
vessel or aircraft to report to an immigration
officer, in writing, as soon as discovered, all
cases in which any alien crewman has illegally
landed in the United States from the vessel or
aircraft, together with a description of such
alien and any information likely to lead to his
apprehension.
(c) Departure; submission of list; exceptions
Before the departure of any vessel or aircraft
from any port in the United States, it shall be
the duty of the owner, agent, consignee, master,
or commanding officer thereof, to deliver to an
immigration officer at that port (1) a list containing the names of all alien employees who
were not employed thereon at the time of the
arrival at that port but who will leave such port
thereon at the time of the departure of such vessel or aircraft and the names of those, if any,
who have been paid off or discharged, and of
those, if any, who have deserted or landed at
that port, or (2) in the discretion of the Attorney General, such a list containing so much of
such information, or such additional or supplemental information, as the Attorney General
shall by regulations prescribe. In the case of a
vessel engaged solely in traffic on the Great
Lakes, Saint Lawrence River, and connecting
waterways, such lists shall be furnished at such
times as the Attorney General may require.
(d) Violations
In case any owner, agent, consignee, master,
or commanding officer shall fail to deliver complete, true, and correct lists or reports of aliens,
or to report cases of desertion or landing, as required by subsections (a), (b), and (c) of this section, such owner, agent, consignee, master, or
commanding officer, shall, if required by the At-

Page 331

TITLE 8—ALIENS AND NATIONALITY

torney General, pay to the Commissioner the
sum of $200 for each alien concerning whom such
lists are not delivered or such reports are not
made as required in the preceding subsections.
In the case that any owner, agent, consignee,
master, or commanding officer of a vessel shall
secure services of an alien crewman described in
section 1101(a)(15)(D)(i) of this title to perform
longshore work not included in the normal operation and service on board the vessel under section 1288 of this title, the owner, agent, consignee, master, or commanding officer shall pay
to the Commissioner the sum of $5,000, and such
fine shall be a lien against the vessel. No such
vessel or aircraft shall be granted clearance
from any port at which it arrives pending the
determination of the question of the liability to
the payment of such fine, and if such fine is imposed, while it remains unpaid. No such fine
shall be remitted or refunded. Clearance may be
granted prior to the determination of such question upon deposit of a bond or a sum sufficient
to cover such fine.
(e) Regulations
The Attorney General is authorized to prescribe by regulations the circumstances under
which a vessel or aircraft shall be deemed to be
arriving in, or departing from the United States
or any port thereof within the meaning of any
provision of this part.
(June 27, 1952, ch. 477, title II, ch. 6, § 251, 66 Stat.
219; Pub. L. 101–649, title II, § 203(b), Nov. 29, 1990,
104 Stat. 5018; Pub. L. 102–232, title III, § 303(a)(3),
Dec. 12, 1991, 105 Stat. 1746.)
AMENDMENTS
1991—Subsec. (d). Pub. L. 102–232 substituted ‘‘consignee’’ for ‘‘charterer’’ after ‘‘the owner, agent,’’ in
second sentence.
1990—Subsec. (d). Pub. L. 101–649 substituted ‘‘pay to
the Commissioner the sum of $200’’ for ‘‘pay to the collector of customs of any customs district in which the
vessel or aircraft may at any time be found the sum of
$10’’ and inserted after first sentence ‘‘In the case that
any owner, agent, consignee, master, or commanding
officer of a vessel shall secure services of an alien crewman described in section 1101(a)(15)(D)(i) of this title to
perform longshore work not included in the normal operation and service on board the vessel under section
1288 of this title, the owner, agent, charterer, master,
or commanding officer shall pay to the Commissioner
the sum of $5,000, and such fine shall be a lien against
the vessel.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 Pub. L. 101–649 applicable to services
performed on or after 180 days after Nov. 29, 1990, see
section 203(d) of Pub. L. 101–649, set out as a note under
section 1101 of this title.
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.
INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649
Amendment by section 203(b) of Pub. L. 101–649 not to
affect performance of longshore work in United States

§ 1282

by citizens or nationals of United States, see section
203(a)(2) of Pub. L. 101–649, set out as a note under section 1288 of this title.

§ 1282. Conditional permits to land temporarily
(a) Period of time
No alien crewman shall be permitted to land
temporarily in the United States except as provided in this section and sections 1182(d)(3), (5)
and 1283 of this title. If an immigration officer
finds upon examination that an alien crewman
is a nonimmigrant under paragraph (15)(D) of
section 1101(a) of this title and is otherwise admissible and has agreed to accept such permit,
he may, in his discretion, grant the crewman a
conditional permit to land temporarily pursuant
to regulations prescribed by the Attorney General, subject to revocation in subsequent proceedings as provided in subsection (b) of this
section, and for a period of time, in any event,
not to exceed—
(1) the period of time (not exceeding twentynine days) during which the vessel or aircraft
on which he arrived remains in port, if the immigration officer is satisfied that the crewman
intends to depart on the vessel or aircraft on
which he arrived; or
(2) twenty-nine days, if the immigration officer is satisfied that the crewman intends to
depart, within the period for which he is permitted to land, on a vessel or aircraft other
than the one on which he arrived.
(b) Revocation; expenses of detention
Pursuant to regulations prescribed by the Attorney General, any immigration officer may, in
his discretion, if he determines that an alien is
not a bona fide crewman, or does not intend to
depart on the vessel or aircraft which brought
him, revoke the conditional permit to land
which was granted such crewman under the provisions of subsection (a)(1) of this section, take
such crewman into custody, and require the
master or commanding officer of the vessel or
aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be
removed from the United States at the expense
of the transportation line which brought him to
the United States. Until such alien is so removed, any expenses of his detention shall be
borne by such transportation company. Nothing
in this section shall be construed to require the
procedure prescribed in section 1229a of this title
to cases falling within the provisions of this subsection.
(c) Penalties
Any alien crewman who willfully remains in
the United States in excess of the number of
days allowed in any conditional permit issued
under subsection (a) of this section shall be
fined under title 18 or imprisoned not more than
6 months, or both.
(June 27, 1952, ch. 477, title II, ch. 6, § 252, 66 Stat.
220; Pub. L. 101–649, title V, § 543(b)(1), Nov. 29,
1990, 104 Stat. 5059; Pub. L. 102–232, title III,
§ 306(c)(3), Dec. 12, 1991, 105 Stat. 1752; Pub. L.
104–208, div. C, title III, § 308(e)(2)(E), (g)(5)(A)(i),
Sept. 30, 1996, 110 Stat. 3009–620, 3009–623.)

§ 1283

TITLE 8—ALIENS AND NATIONALITY
AMENDMENTS

1996—Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(i), substituted ‘‘section 1229a’’ for ‘‘section 1252’’.
Pub. L. 104–208, § 308(e)(2)(E), substituted ‘‘removed’’
for ‘‘deported’’ in two places.
1991—Subsec. (c). Pub. L. 102–232 substituted ‘‘fined
under title 18’’ for ‘‘fined not more than $2,000 (or, if
greater, the amount provided under title 18)’’.
1990—Subsec. (c). Pub. L. 101–649 substituted ‘‘shall be
fined not more than $2,000 (or, if greater, the amount
provided under title 18) or imprisoned not more than 6
months’’ for ‘‘shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined not more than
$500 or shall be imprisoned for not more than six
months’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.
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.

§ 1283. Hospital treatment of alien crewmen afflicted with certain diseases
An alien crewman, including an alien crewman
ineligible for a conditional permit to land under
section 1282(a) of this title, who is found on arrival in a port of the United States to be afflicted with any of the disabilities or diseases
mentioned in section 1285 of this title, shall be
placed in a hospital designated by the immigration officer in charge at the port of arrival and
treated, all expenses connected therewith, including burial in the event of death, to be borne
by the owner, agent, consignee, commanding officer, or master of the vessel or aircraft, and not
to be deducted from the crewman’s wages. No
such vessel or aircraft shall be granted clearance until such expenses are paid, or their payment appropriately guaranteed, and the collector of customs is so notified by the immigration
officer in charge. An alien crewman suspected of
being afflicted with any such disability or disease may be removed from the vessel or aircraft
on which he arrived to an immigration station,
or other appropriate place, for such observation
as will enable the examining surgeons to determine definitely whether or not he is so afflicted,
all expenses connected therewith to be borne in
the manner hereinbefore prescribed. In cases in
which it appears to the satisfaction of the immigration officer in charge that it will not be possible within a reasonable time to effect a cure,
the return of the alien crewman shall be enforced on, or at the expense of, the transpor-

Page 332

tation line on which he came, upon such conditions as the Attorney General shall prescribe, to
insure that the alien shall be properly cared for
and protected, and that the spread of contagion
shall be guarded against.
(June 27, 1952, ch. 477, title II, ch. 6, § 253, 66 Stat.
221.)
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.

§ 1284. Control of alien crewmen
(a) Penalties for failure
The owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft arriving in the United States from any
place outside thereof who fails (1) to detain on
board the vessel, or in the case of an aircraft to
detain at a place specified by an immigration officer at the expense of the airline, any alien
crewman employed thereon until an immigration officer has completely inspected such alien
crewman, including a physical examination by
the medical examiner, or (2) to detain any alien
crewman on board the vessel, or in the case of
an aircraft at a place specified by an immigration officer at the expense of the airline, after
such inspection unless a conditional permit to
land temporarily has been granted such alien
crewman under section 1282 of this title or unless an alien crewman has been permitted to
land temporarily under section 1182(d)(5) or 1283
of this title for medical or hospital treatment,
or (3) to remove such alien crewman if required
to do so by an immigration officer, whether such
removal requirement is imposed before or after
the crewman is permitted to land temporarily
under section 1182(d)(5), 1282, or 1283 of this title,
shall pay to the Commissioner the sum of $3,000
for each alien crewman in respect to whom any
such failure occurs. No such vessel or aircraft
shall be granted clearance pending the determination of the liability to the payment of such
fine, or while the fine remains unpaid, except
that clearance may be granted prior to the determination of such question upon the deposit of
a sum sufficient to cover such fine, or of a bond
with sufficient surety to secure the payment
thereof approved by the Commissioner. The Attorney General may, upon application in writing
therefor, mitigate such penalty to not less than
$500 for each alien crewman in respect of whom
such failure occurs, upon such terms as he shall
think proper.
(b) Prima facie evidence against transportation
line
Except as may be otherwise prescribed by regulations issued by the Attorney General, proof
that an alien crewman did not appear upon the
outgoing manifest of the vessel or aircraft on
which he arrived in the United States from any
place outside thereof, or that he was reported by
the master or commanding officer of such vessel
or aircraft as a deserter, shall be prima facie
evidence of a failure to detain or remove such
alien crewman.

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TITLE 8—ALIENS AND NATIONALITY

(c) Removal on other than arriving vessel or aircraft; expenses
If the Attorney General finds that removal of
an alien crewman under this section on the vessel or aircraft on which he arrived is impracticable or impossible, or would cause undue hardship
to such alien crewman, he may cause the alien
crewman to be removed from the port of arrival
or any other port on another vessel or aircraft of
the same transportation line, unless the Attorney General finds this to be impracticable. All
expenses incurred in connection with such removal, including expenses incurred in transferring an alien crewman from one place in the
United States to another under such conditions
and safeguards as the Attorney General shall
impose, shall be paid by the owner or owners of
the vessel or aircraft on which the alien arrived
in the United States. The vessel or aircraft on
which the alien arrived shall not be granted
clearance until such expenses have been paid or
their payment guaranteed to the satisfaction of
the Attorney General. An alien crewman who is
transferred within the United States in accordance with this subsection shall not be regarded
as having been landed in the United States.
(June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat.
221; Pub. L. 101–649, title V, § 543(a)(4), Nov. 29,
1990, 104 Stat. 5058; Pub. L. 102–232, title III,
§ 306(c)(4)(C), Dec. 12, 1991, 105 Stat. 1752; Pub. L.
104–208, div. C, title III, § 308(e)(1)(I), (2)(F), (12),
Sept. 30, 1996, 110 Stat. 3009–619, 3009–620.)
AMENDMENTS
1996—Pub. L. 104–208 substituted ‘‘remove’’ for ‘‘deport’’ in subsecs. (a) and (b), ‘‘removal’’ for ‘‘deportation’’ wherever appearing in subsecs. (a) and (c), and
‘‘removed’’ for ‘‘deported’’ in subsec. (c).
1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘Commissioner’’ for ‘‘collector of customs’’ before period at
end of penultimate sentence.
1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘Commissioner the sum of $3,000’’ for ‘‘collector of customs
of the customs district in which the port of arrival is
located or in which the failure to comply with the orders of the officer occurs the sum of $1,000’’ and ‘‘$500’’
for ‘‘$200’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.
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.

§ 1286

§ 1285. Employment on passenger vessels of
aliens afflicted with certain disabilities
It shall be unlawful for any vessel or aircraft
carrying passengers between a port of the
United States and a port outside thereof to have
employed on board upon arrival in the United
States any alien afflicted with feeble-mindedness, insanity, epilepsy, tuberculosis in any
form, leprosy, or any dangerous contagious disease. If it appears to the satisfaction of the Attorney General, from an examination made by a
medical officer of the United States Public
Health Service, and is so certified by such officer, that any such alien was so afflicted at the
time he was shipped or engaged and taken on
board such vessel or aircraft and that the existence of such affliction might have been detected
by means of a competent medical examination
at such time, the owner, commanding officer,
agent, consignee, or master thereof shall pay for
each alien so afflicted to the Commissioner the
sum of $1,000. No vessel or aircraft shall be
granted clearance pending the determination of
the question of the liability to the payment of
such sums, or while such sums remain unpaid,
except that clearance may be granted prior to
the determination of such question upon the deposit of an amount sufficient to cover such sums
or of a bond approved by the Commissioner with
sufficient surety to secure the payment thereof.
Any such fine may, in the discretion of the Attorney General, be mitigated or remitted.
(June 27, 1952, ch. 477, title II, ch. 6, § 255, 66 Stat.
222; Pub. L. 101–649, title V, § 543(a)(5), Nov. 29,
1990, 104 Stat. 5058.)
AMENDMENTS
1990—Pub. L. 101–649 substituted ‘‘Commissioner the
sum of $1,000’’ for ‘‘collector of customs of the customs
district in which the port of arrival is located the sum
of $50’’ in second sentence, and ‘‘Commissioner’’ for
‘‘collector of customs’’ in third sentence.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.
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.

§ 1286. Discharge of alien crewmen; penalties
It shall be unlawful for any person, including
the owner, agent, consignee, charterer, master,
or commanding officer of any vessel or aircraft,
to pay off or discharge any alien crewman, except an alien lawfully admitted for permanent
residence, employed on board a vessel or aircraft
arriving in the United States without first having obtained the consent of the Attorney General. If it shall appear to the satisfaction of the
Attorney General that any alien crewman has
been paid off or discharged in the United States
in violation of the provisions of this section,
such owner, agent, consignee, charterer, master,
commanding officer, or other person, shall pay
to the Commissioner the sum of $3,000 for each

TITLE 8—ALIENS AND NATIONALITY

§ 1287

such violation. No vessel or aircraft shall be
granted clearance pending the determination of
the question of the liability to the payment of
such sums, or while such sums remain unpaid,
except that clearance may be granted prior to
the determination of such question upon the deposit of an amount sufficient to cover such
sums, or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Such fine may, in the discretion
of the Attorney General, be mitigated to not
less than $1,500 for each violation, upon such
terms as he shall think proper.
(June 27, 1952, ch. 477, title II, ch. 6, § 256, 66 Stat.
223; Pub. L. 101–649, title V, § 543(a)(6), Nov. 29,
1990, 104 Stat. 5058.)
AMENDMENTS
1990—Pub. L. 101–649 substituted ‘‘Commissioner the
sum of $3,000’’ for ‘‘collector of customs of the customs
district in which the violation occurred the sum of
$1,000’’ in second sentence, ‘‘Commissioner’’ for ‘‘collector of customs’’ in third sentence, and ‘‘$1,500’’ for
‘‘$500’’ in fourth sentence.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.
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.

§ 1287. Alien crewmen brought into the United
States with intent to evade immigration
laws; penalties
Any person, including the owner, agent, consignee, master, or commanding officer of any
vessel or aircraft arriving in the United States
from any place outside thereof, who shall knowingly sign on the vessel’s articles, or bring to
the United States as one of the crew of such vessel or aircraft, any alien, with intent to permit
or assist such alien to enter or land in the
United States in violation of law, or who shall
falsely and knowingly represent to a consular
officer at the time of application for visa, or to
the immigration officer at the port of arrival in
the United States, that such alien is a bona fide
member of the crew employed in any capacity
regularly required for normal operation and
services aboard such vessel or aircraft, shall be
liable to a penalty not exceeding $10,000 for each
such violation, for which sum such vessel or aircraft shall be liable and may be seized and proceeded against by way of libel in any district
court of the United States having jurisdiction of
the offense.
(June 27, 1952, ch. 477, title II, ch. 6, § 257, 66 Stat.
223; Pub. L. 101–649, title V, § 543(a)(7), Nov. 29,
1990, 104 Stat. 5058.)
AMENDMENTS
1990—Pub.
‘‘$5,000’’.

L.

101–649

substituted

‘‘$10,000’’

for

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.

Page 334

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.

§ 1288. Limitations on performance of longshore
work by alien crewmen
(a) In general
For purposes of section 1101(a)(15)(D)(i) of this
title, the term ‘‘normal operation and service on
board a vessel’’ does not include any activity
that is longshore work (as defined in subsection
(b) of this section), except as provided under
subsection (c), (d), or (e) of this section.
(b) ‘‘Longshore work’’ defined
(1) In general
In this section, except as provided in paragraph (2), the term ‘‘longshore work’’ means
any activity relating to the loading or unloading of cargo, the operation of cargo-related
equipment (whether or not integral to the vessel), and the handling of mooring lines on the
dock when the vessel is made fast or let go, in
the United States or the coastal waters thereof.
(2) Exception for safety and environmental
protection
The term ‘‘longshore work’’ does not include
the loading or unloading of any cargo for
which the Secretary of Transportation has,
under the authority contained in chapter 37 of
title 46 (relating to Carriage of Liquid Bulk
Dangerous Cargoes), section 1321 of title 33,
section 4106 of the Oil Pollution Act of 1990, or
section 5103(b), 5104, 5106, 5107, or 5110 of title
49 prescribed regulations which govern—
(A) the handling or stowage of such cargo,
(B) the manning of vessels and the duties,
qualifications, and training of the officers
and crew of vessels carrying such cargo, and
(C) the reduction or elimination of discharge during ballasting, tank cleaning,
handling of such cargo.
(3) Construction
Nothing in this section shall be construed as
broadening, limiting, or otherwise modifying
the meaning or scope of longshore work for
purposes of any other law, collective bargaining agreement, or international agreement.
(c) Prevailing practice exception
(1) Subsection (a) of this section shall not
apply to a particular activity of longshore work
in and about a local port if—
(A)(i) there is in effect in the local port one
or more collective bargaining agreements each
covering at least 30 percent of the number of
individuals employed in performing longshore
work and (ii) each such agreement (covering
such percentage of longshore workers) permits
the activity to be performed by alien crewmen
under the terms of such agreement; or
(B) there is no collective bargaining agreement in effect in the local port covering at
least 30 percent of the number of individuals
employed in performing longshore work, and
an employer of alien crewmen (or the employ-

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TITLE 8—ALIENS AND NATIONALITY

er’s designated agent or representative) has
filed with the Secretary of Labor at least 14
days before the date of performance of the activity (or later, if necessary due to an unanticipated emergency, but not later than the
date of performance of the activity) an attestation setting forth facts and evidence to show
that—
(i) the performance of the activity by alien
crewmen is permitted under the prevailing
practice of the particular port as of the date
of filing of the attestation and that the use
of alien crewmen for such activity—
(I) is not during a strike or lockout in
the course of a labor dispute, and
(II) is not intended or designed to influence an election of a bargaining representative for workers in the local port; and
(ii) notice of the attestation has been provided by the owner, agent, consignee, master, or commanding officer to the bargaining
representative of longshore workers in the
local port, or, where there is no such bargaining representative, notice of the attestation has been provided to longshore workers
employed at the local port.
In applying subparagraph (B) in the case of a
particular activity of longshore work consisting
of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel, the attestation shall be required to be filed
only if the Secretary of Labor finds, based on a
preponderance of the evidence which may be
submitted by any interested party, that the performance of such particular activity is not described in clause (i) of such subparagraph.
(2) Subject to paragraph (4), an attestation
under paragraph (1) shall—
(A) expire at the end of the 1-year period beginning on the date of its filing with the Secretary of Labor, and
(B) apply to aliens arriving in the United
States during such 1-year period if the owner,
agent, consignee, master, or commanding officer states in each list under section 1281 of
this title that it continues to comply with the
conditions in the attestation.
(3) An owner, agent, consignee, master, or
commanding officer may meet the requirements
under this subsection with respect to more than
one alien crewman in a single list.
(4)(A) The Secretary of Labor shall compile
and make available for public examination in a
timely manner in Washington, D.C., a list identifying owners, agents, consignees, masters, or
commanding officers which have filed lists for
nonimmigrants
described
in
section
1101(a)(15)(D)(i) of this title with respect to
whom an attestation under paragraph (1) or subsection (d)(1) of this section is made and, for
each such entity, a copy of the entity’s attestation under paragraph (1) or subsection (d)(1) of
this section (and accompanying documentation)
and each such list filed by the entity.
(B)(i) The Secretary of Labor shall establish a
process for the receipt, investigation, and disposition of complaints respecting an entity’s
failure to meet conditions attested to, an entity’s misrepresentation of a material fact in an
attestation, or, in the case described in the last

§ 1288

sentence of paragraph (1), whether the performance of the particular activity is or is not described in paragraph (1)(B)(i).
(ii) Complaints may be filed by any aggrieved
person or organization (including bargaining
representatives, associations deemed appropriate by the Secretary, and other aggrieved
parties as determined under regulations of the
Secretary).
(iii) The Secretary shall promptly conduct an
investigation under this subparagraph if there is
reasonable cause to believe that an entity fails
to meet conditions attested to, an entity has
misrepresented a material fact in the attestation, or, in the case described in the last sentence of paragraph (1), the performance of the
particular activity is not described in paragraph
(1)(B)(i).
(C)(i) If the Secretary determines that reasonable cause exists to conduct an investigation
with respect to an attestation, a complaining
party may request that the activities attested
to by the employer cease during the hearing
process described in subparagraph (D). If such a
request is made, the attesting employer shall be
issued notice of such request and shall respond
within 14 days to the notice. If the Secretary
makes an initial determination that the complaining party’s position is supported by a preponderance of the evidence submitted, the Secretary shall require immediately that the employer cease and desist from such activities
until completion of the process described in subparagraph (D).
(ii) If the Secretary determines that reasonable cause exists to conduct an investigation
with respect to a matter under the last sentence
of paragraph (1), a complaining party may request that the activities of the employer cease
during the hearing process described in subparagraph (D) unless the employer files with the Secretary of Labor an attestation under paragraph
(1). If such a request is made, the employer shall
be issued notice of such request and shall respond within 14 days to the notice. If the Secretary makes an initial determination that the
complaining party’s position is supported by a
preponderance of the evidence submitted, the
Secretary shall require immediately that the
employer cease and desist from such activities
until completion of the process described in subparagraph (D) unless the employer files with the
Secretary of Labor an attestation under paragraph (1).
(D) Under the process established under subparagraph (B), the Secretary shall provide, within 180 days after the date a complaint is filed (or
later for good cause shown), for a determination
as to whether or not a basis exists to make a
finding described in subparagraph (E). The Secretary shall provide notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60
days of the date of the determination.
(E)(i) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an entity has failed to meet a condition attested to or
has made a misrepresentation of material fact
in the attestation, the Secretary shall notify
the Attorney General of such finding and may,
in addition, impose such other administrative

§ 1288

TITLE 8—ALIENS AND NATIONALITY

remedies (including civil monetary penalties in
an amount not to exceed $5,000 for each alien
crewman performing unauthorized longshore
work) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney
General shall not permit the vessels owned or
chartered by such entity to enter any port of the
United States during a period of up to 1 year.
(ii) If the Secretary of Labor finds, after notice and opportunity for a hearing, that, in the
case described in the last sentence of paragraph
(1), the performance of the particular activity is
not described in subparagraph (B)(i), the Secretary shall notify the Attorney General of such
finding and, thereafter, the attestation described in paragraph (1) shall be required of the
employer for the performance of the particular
activity.
(F) A finding by the Secretary of Labor under
this paragraph that the performance of an activity by alien crewmen is not permitted under the
prevailing practice of a local port shall preclude
for one year the filing of a subsequent attestation concerning such activity in the port under
paragraph (1).
(5) Except as provided in paragraph (5) of subsection (d) of this section, this subsection shall
not apply to longshore work performed in the
State of Alaska.
(d) State of Alaska exception
(1) Subsection (a) of this section shall not
apply to a particular activity of longshore work
at a particular location in the State of Alaska if
an employer of alien crewmen has filed an attestation with the Secretary of Labor at least 30
days before the date of the first performance of
the activity (or anytime up to 24 hours before
the first performance of the activity, upon a
showing that the employer could not have reasonably anticipated the need to file an attestation for that location at that time) setting forth
facts and evidence to show that—
(A) the employer will make a bona fide request for United States longshore workers who
are qualified and available in sufficient numbers to perform the activity at the particular
time and location from the parties to whom
notice has been provided under clauses (ii) and
(iii) of subparagraph (D), except that—
(i) wherever two or more contract stevedoring companies have signed a joint collective bargaining agreement with a single
labor organization described in subparagraph (D)(i), the employer may request longshore workers from only one of such contract stevedoring companies, and
(ii) a request for longshore workers to an
operator of a private dock may be made only
for longshore work to be performed at that
dock and only if the operator meets the requirements of section 932 of title 33;
(B) the employer will employ all those
United States longshore workers made available in response to the request made pursuant
to subparagraph (A) who are qualified and
available in sufficient numbers and who are
needed to perform the longshore activity at
the particular time and location;
(C) the use of alien crewmembers for such
activity is not intended or designed to influ-

Page 336

ence an election of a bargaining representative
for workers in the State of Alaska; and
(D) notice of the attestation has been provided by the employer to—
(i) labor organizations which have been
recognized as exclusive bargaining representatives of United States longshore
workers within the meaning of the National
Labor Relations Act [29 U.S.C. 151 et seq.]
and which make available or intend to make
available workers to the particular location
where the longshore work is to be performed,
(ii) contract stevedoring companies which
employ or intend to employ United States
longshore workers at that location, and
(iii) operators of private docks at which
the employer will use longshore workers.
(2)(A) An employer filing an attestation under
paragraph (1) who seeks to use alien crewmen to
perform longshore work shall be responsible
while at 1 the attestation is valid to make bona
fide requests for United States longshore workers under paragraph (1)(A) and to employ United
States longshore workers, as provided in paragraph (1)(B), before using alien crewmen to perform the activity or activities specified in the
attestation, except that an employer shall not
be required to request longshore workers from a
party if that party has notified the employer in
writing that it does not intend to make available United States longshore workers to the location at which the longshore work is to be performed.
(B) If a party that has provided such notice
subsequently notifies the employer in writing
that it is prepared to make available United
States longshore workers who are qualified and
available in sufficient numbers to perform the
longshore activity to the location at which the
longshore work is to be performed, then the employer’s obligations to that party under subparagraphs (A) and (B) of paragraph (1) shall
begin 60 days following the issuance of such notice.
(3)(A) In no case shall an employer filing an
attestation be required—
(i) to hire less than a full work unit of
United States longshore workers needed to
perform the longshore activity;
(ii) to provide overnight accommodations for
the longshore workers while employed; or
(iii) to provide transportation to the place of
work, except where—
(I) surface transportation is available;
(II) such transportation may be safely accomplished;
(III) travel time to the vessel does not exceed one-half hour each way; and
(IV) travel distance to the vessel from the
point of embarkation does not exceed 5
miles.
(B) In the cases of Wide Bay, Alaska, and
Klawock/Craig, Alaska, the travel times and
travel distances specified in subclauses (III) and
(IV) of subparagraph (A)(iii) shall be extended to
45 minutes and 71⁄2 miles, respectively, unless
the party responding to the request for longshore workers agrees to the lesser time and distance limitations specified in those subclauses.
1 So

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

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TITLE 8—ALIENS AND NATIONALITY

(4) Subject to subparagraphs (A) through (D) of
subsection (c)(4) of this section, attestations
filed under paragraph (1) of this subsection
shall—
(A) expire at the end of the 1-year period beginning on the date the employer anticipates
the longshore work to begin, as specified in
the attestation filed with the Secretary of
Labor, and
(B) apply to aliens arriving in the United
States during such 1-year period if the owner,
agent, consignee, master, or commanding officer states in each list under section 1281 of
this title that it continues to comply with the
conditions in the attestation.
(5)(A) Except as otherwise provided by subparagraph (B), subsection (c)(3) of this section
and subparagraphs (A) through (E) of subsection
(c)(4) of this section shall apply to attestations
filed under this subsection.
(B) The use of alien crewmen to perform longshore work in Alaska consisting of the use of an
automated self-unloading conveyor belt or vacuum-actuated system on a vessel shall be governed by the provisions of subsection (c) of this
section.
(6) For purposes of this subsection—
(A) the term ‘‘contract stevedoring companies’’ means those stevedoring companies licensed to do business in the State of Alaska
that meet the requirements of section 932 of
title 33;
(B) the term ‘‘employer’’ includes any agent
or representative designated by the employer;
and
(C) the terms ‘‘qualified’’ and ‘‘available in
sufficient numbers’’ shall be defined by reference to industry standards in the State of
Alaska, including safety considerations.
(e) Reciprocity exception
(1) In general
Subject to the determination of the Secretary of State pursuant to paragraph (2), the
Attorney General shall permit an alien crewman to perform an activity constituting longshore work if—
(A) the vessel is registered in a country
that by law, regulation, or in practice does
not prohibit such activity by crewmembers
aboard United States vessels; and
(B) nationals of a country (or countries)
which by law, regulation, or in practice does
not prohibit such activity by crewmembers
aboard United States vessels hold a majority
of the ownership interest in the vessel.
(2) Establishment of list
The Secretary of State shall, in accordance
with section 553 of title 5, compile and annually maintain a list, of longshore work by particular activity, of countries where performance of such a particular activity by crewmembers aboard United States vessels is prohibited by law, regulation, or in practice in
the country. By not later than 90 days after
November 29, 1990, the Secretary shall publish
a notice of proposed rulemaking to establish
such list. The Secretary shall first establish
such list by not later than 180 days after November 29, 1990.

§ 1288

(3) ‘‘In practice’’ defined
For purposes of this subsection, the term ‘‘in
practice’’ refers to an activity normally performed in such country during the one-year
period preceding the arrival of such vessel into
the United States or coastal waters thereof.
(June 27, 1952, ch. 477, title II, ch. 6, § 258, as
added Pub. L. 101–649, title II, § 203(a)(1), Nov. 29,
1990, 104 Stat. 5015; amended Pub. L. 102–232, title
III, § 303(a)(4), Dec. 12, 1991, 105 Stat. 1747; Pub. L.
103–198, § 8(a), (b), Dec. 17, 1993, 107 Stat. 2313,
2315; Pub. L. 103–206, title III, § 323(a), (b), Dec.
20, 1993, 107 Stat. 2428, 2430; Pub. L. 103–416, title
II, § 219(f), (gg), Oct. 25, 1994, 108 Stat. 4317, 4319;
Pub. L. 104–208, div. C, title VI, § 671(e)(4)(B),
Sept. 30, 1996, 110 Stat. 3009–723.)
REFERENCES IN TEXT
Section 4106 of the Oil Pollution Act of 1990, referred
to in subsec. (b)(2), is section 4106 of Pub. L. 101–380,
title IV, Aug. 18, 1990, 104 Stat. 513, which amended section 1228 of Title 33, Navigation and Navigable Waters,
and sections 6101 and 9101 of Title 46, Shipping.
The National Labor Relations Act, referred to in subsec. (d)(1)(D)(i), is act July 5, 1935, ch. 372, 49 Stat. 452,
as amended, which is classified generally to subchapter
II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section
167 of Title 29 and Tables.
AMENDMENTS
1996—Subsec. (b)(2). Pub. L. 104–208 substituted ‘‘section 5103(b), 5104, 5106, 5107, or 5110 of title 49’’ for ‘‘section 105 or 106 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1804, 1805)’’.
1994—Subsecs. (a), (c)(4)(A), (5). Pub. L. 103–416,
§ 219(gg), repealed Pub. L. 103–198, § 8(b), which had made
amendments identical to those made by Pub. L. 103–206,
§ 323(b). See 1993 Amendment note below.
Subsec. (d). Pub. L. 103–416, § 219(gg), repealed Pub. L.
103–198, § 8(a), which had made an amendment substantially identical to that made by Pub. L. 103–206, § 323(a).
See 1993 Amendment note below.
Subsec. (d)(3)(B). Pub. L. 103–416, § 219(f), substituted
‘‘subparagraph (A)(iii)’’ for ‘‘subparagraph (A)’’.
Subsec. (e). Pub. L. 103–416, § 219(gg), repealed Pub. L.
103–198, § 8(a), which had made an amendment substantially identical to that made by Pub. L. 103–206, § 323(a).
See 1993 Amendment note below.
1993—Subsec. (a). Pub. L. 103–206, § 323(b)(1), substituted ‘‘subsection (c), (d), or (e) of this section’’ for
‘‘subsection (c) of this section or subsection (d) of this
section’’. Pub. L. 103–198, § 8(b)(1), which amended subsec. (a) identically, was repealed by Pub. L. 103–416,
§ 219(gg).
Subsec. (c)(4)(A). Pub. L. 103–206, § 323(b)(2), inserted
‘‘or subsection (d)(1) of this section’’ after ‘‘paragraph
(1)’’ in two places. Pub. L. 103–198, § 8(b)(2), which
amended subpar. (A) identically, was repealed by Pub.
L. 103–416, § 219(gg).
Subsec. (c)(5). Pub. L. 103–206, § 323(b)(3), added par.
(5). Pub. L. 103–198, § 8(b)(3), which amended subsec. (c)
identically, was repealed by Pub. L. 103–416, § 219(gg).
Subsecs. (d), (e). Pub. L. 103–206, § 323(a), added subsec.
(d) and redesignated former subsec. (d) as (e). Pub. L.
103–198, § 8(a), which made substantially identical
amendments to this section, was repealed by Pub. L.
103–416, § 219(gg).
1991—Subsec. (c)(2)(B). Pub. L. 102–232 substituted
‘‘each list’’ for ‘‘each such list’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.

§ 1301

TITLE 8—ALIENS AND NATIONALITY
EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by 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
Section applicable to services performed on or after
180 days after Nov. 29, 1990, see section 203(d) of Pub. L.
101–649, set out as an Effective Date of 1990 Amendment
note under section 1101 of this title.
REGULATIONS
Section 323(c) of Pub. L. 103–206 provided that:
‘‘(1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this section
[amending this section].
‘‘(2) Attestations filed pursuant to section 258(c) (8
U.S.C. 1288(c)) with the Secretary of Labor before the
date of enactment of this Act [Dec. 20, 1993] shall remain valid until 60 days after the date of issuance of
final regulations by the Secretary under this section.’’
Similar provisions were contained in Pub. L. 103–198,
§ 8(c), Dec. 17, 1993, 107 Stat. 2315, prior to repeal by Pub.
L. 103–416, title II, § 219(gg), Oct. 25, 1994, 108 Stat. 4319.
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.
INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649
Section 203(a)(2) of Pub. L. 101–649 provided that:
‘‘This section [enacting this section, amending section
1101 of this title, and enacting provisions set out as a
note under section 1101 of this title] does not affect the
performance of longshore work in the United States by
citizens or nationals of the United States.’’

PART VII—REGISTRATION OF ALIENS
§ 1301. Alien seeking entry; contents
No visa shall be issued to any alien seeking to
enter the United States until such alien has
been registered in accordance with section
1201(b) of this title.
(June 27, 1952, ch. 477, title II, ch. 7, § 261, 66 Stat.
223; Pub. L. 99–653, § 8, Nov. 14, 1986, 100 Stat.
3657; Pub. L. 100–525, § 8(g), Oct. 24, 1988, 102 Stat.
2617.)
AMENDMENTS
1988—Pub. L. 100–525 made technical correction to
Pub. L. 99–653. See 1986 Amendment note below.
1986—Pub. L. 99–653, as amended by Pub. L. 100–525,
amended section generally, striking out ‘‘and fingerprinted’’ after ‘‘has been registered’’ and substituting
‘‘section 1201(b) of this title’’ for ‘‘section 1201(b) of this
title, unless such alien has been exempted from being
fingerprinted as provided in that section’’.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in the enactment of the Immigration and Nationality
Act Amendments of 1986, Pub. L. 99–653, see section
309(b)(15) of Pub. L. 102–232, set out as an Effective and
Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–653 applicable to applications for immigrant visas made, and visas issued, on or
after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set
out as a note under section 1201 of this title.

Page 338

§ 1302. Registration of aliens
(a) It shall be the duty of every alien now or
hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201(b) of
this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United
States for thirty days or longer, to apply for
registration and to be fingerprinted before the
expiration of such thirty days.
(b) It shall be the duty of every parent or legal
guardian of any alien now or hereafter in the
United States, who (1) is less than fourteen
years of age, (2) has not been registered under
section 1201(b) of this title or section 30 or 31 of
the Alien Registration Act, 1940, and (3) remains
in the United States for thirty days or longer, to
apply for the registration of such alien before
the expiration of such thirty days. Whenever
any alien attains his fourteenth birthday in the
United States he shall, within thirty days thereafter, apply in person for registration and to be
fingerprinted.
(c) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to
such regulations as he may prescribe, waive the
requirement of fingerprinting specified in subsections (a) and (b) of this section in the case of
any nonimmigrant.
(June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat.
224; Pub. L. 99–653, § 9, Nov. 14, 1986, 100 Stat.
3657; Pub. L. 100–525, § 8(h), Oct. 24, 1988, 102 Stat.
2617; Pub. L. 103–416, title II, § 219(n), Oct. 25,
1994, 108 Stat. 4317.)
REFERENCES IN TEXT
The Alien Registration Act, 1940, referred to in subsecs. (a) and (b), is act June 28, 1940, ch. 439, 54 Stat. 670,
as amended. Sections 30 and 31 of that act were classified to sections 451 and 452 of this title and were repealed by section 403(a)(39) of act June 27, 1952.
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–416 substituted ‘‘subsections (a) and (b)’’ for ‘‘subsection (a) and (b)’’.
1988—Pub. L. 100–525 amended Pub. L. 99–653. See 1986
Amendment note below.
1986—Pub. L. 99–653, § 9, as amended by Pub. L.
100–525, added subsec. (c). As originally enacted, Pub. L.
99–653, § 9, amended subsec. (a) of this section by striking out ‘‘section 1201(b) of this title or’’ after ‘‘registered and fingerprinted under’’. Pub. L. 100–525 revised Pub. L. 99–653, § 9, so as to add subsec. (c) and
eliminate the original amendment of subsec. (a), thereby restoring the words ‘‘section 1201(b) of this title or’’.
See Effective Date of 1988 Amendment note below.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in the enactment of the Immigration and Nationality
Act Amendments of 1986, Pub. L. 99–653, see section
309(b)(15) of Pub. L. 102–232, set out as an Effective and
Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–653 applicable to applications for immigrant visas made, and visas issued, on or

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TITLE 8—ALIENS AND NATIONALITY

after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set
out as a note under section 1201 of this title.
EFFECTIVE DATE
Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.
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.

§ 1303. Registration of special groups
(a) Notwithstanding the provisions of sections
1301 and 1302 of this title, the Attorney General
is authorized to prescribe special regulations
and forms for the registration and fingerprinting of (1) alien crewmen, (2) holders of bordercrossing identification cards, (3) aliens confined
in institutions within the United States, (4)
aliens under order of removal, (5) aliens who are
or have been on criminal probation or criminal
parole within the United States, and (6) aliens of
any other class not lawfully admitted to the
United States for permanent residence.
(b) The provisions of section 1302 of this title
and of this section shall not be applicable to any
alien who is in the United States as a nonimmigrant under section 1101(a)(15)(A) or
(a)(15)(G) of this title until the alien ceases to be
entitled to such a nonimmigrant status.
(June 27, 1952, ch. 477, title II, ch. 7, § 263, 66 Stat.
224; Pub. L. 104–208, div. C, title III, §§ 308(e)(1)(J),
323, Sept. 30, 1996, 110 Stat. 3009–619, 3009–629.)
AMENDMENTS
1996—Subsec. (a)(4). Pub. L. 104–208, § 308(e)(1)(J), substituted ‘‘removal’’ for ‘‘deportation’’.
Subsec. (a)(5), (6). Pub. L. 104–208, § 323, added cl. (5)
and redesignated former cl. (5) as (6).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(1)(J) 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.
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.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.

§ 1304. Forms for registration and fingerprinting
(a) Preparation; contents
The Attorney General and the Secretary of
State jointly are authorized and directed to prepare forms for the registration of aliens under
section 1301 of this title, and the Attorney Gen-

§ 1304

eral is authorized and directed to prepare forms
for the registration and fingerprinting of aliens
under section 1302 of this title. Such forms shall
contain inquiries with respect to (1) the date
and place of entry of the alien into the United
States; (2) activities in which he has been and
intends to be engaged; (3) the length of time he
expects to remain in the United States; (4) the
police and criminal record, if any, of such alien;
and (5) such additional matters as may be prescribed.
(b) Confidential nature
All registration and fingerprint records made
under the provisions of this subchapter shall be
confidential, and shall be made available only
(1) pursuant to section 1357(f)(2) of this title, and
(2) to such persons or agencies as may be designated by the Attorney General.
(c) Information under oath
Every person required to apply for the registration of himself or another under this subchapter shall submit under oath the information
required for such registration. Any person authorized under regulations issued by the Attorney General to register aliens under this subchapter shall be authorized to administer oaths
for such purpose.
(d) Certificate of alien registration or alien receipt card
Every alien in the United States who has been
registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or
under the provisions of this chapter shall be issued a certificate of alien registration or an
alien registration receipt card in such form and
manner and at such time as shall be prescribed
under regulations issued by the Attorney General.
(e) Personal possession of registration or receipt
card; penalties
Every alien, eighteen years of age and over,
shall at all times carry with him and have in his
personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this
section. Any alien who fails to comply with the
provisions of this subsection shall be guilty of a
misdemeanor and shall upon conviction for each
offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
(f) Alien’s social security account number
Notwithstanding any other provision of law,
the Attorney General is authorized to require
any alien to provide the alien’s social security
account number for purposes of inclusion in any
record of the alien maintained by the Attorney
General or the Service.
(June 27, 1952, ch. 477, title II, ch. 7, § 264, 66 Stat.
224; Pub. L. 99–653, § 10, Nov. 14, 1986, 100 Stat.
3657; Pub. L. 100–525, § 8(i), Oct. 24, 1988, 102 Stat.
2617; Pub. L. 101–649, title V, § 503(b)(2), Nov. 29,
1990, 104 Stat. 5049; Pub. L. 104–208, div. C, title
IV, § 415, Sept. 30, 1996, 110 Stat. 3009–669.)
REFERENCES IN TEXT
The Alien Registration Act, 1940, referred to in subsec. (d), is act June 28, 1940, ch. 439, 54 Stat. 670, as

§ 1305

TITLE 8—ALIENS AND NATIONALITY

amended. Title III of that act, which related to register
and fingerprinting of aliens, was classified to sections
451 to 460 of this title, was repealed by section 403(a)(39)
of act June 27, 1952.
This chapter, referred to in subsec. (d), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
1996—Subsec. (f). Pub. L. 104–208 added subsec. (f).
1990—Subsec. (b). Pub. L. 101–649 inserted ‘‘(1) pursuant to section 1357(f)(2) of this title, and (2)’’ after
‘‘only’’.
1988—Subsec. (a). Pub. L. 100–525 amended Pub. L.
99–653. See 1986 Amendment note below.
1986—Subsec. (a). Pub. L. 99–653, as amended by Pub.
L. 100–525, amended first sentence generally, striking
out ‘‘and fingerprinting’’ before ‘‘of aliens under section 1301’’.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in the enactment of the Immigration and Nationality
Act Amendments of 1986, Pub. L. 99–653, see section
309(b)(15) of Pub. L. 102–232, set out as an Effective and
Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–653 applicable to applications for immigrant visas made, and visas issued, on or
after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set
out as a note under section 1201 of this title.
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.

§ 1305. Notices of change of address
(a) Notification of change
Each alien required to be registered under this
subchapter who is within the United States shall
notify the Attorney General in writing of each
change of address and new address within ten
days from the date of such change and furnish
with such notice such additional information as
the Attorney General may require by regulation.
(b) Current address of natives of any one or
more foreign states
The Attorney General may in his discretion,
upon ten days notice, require the natives of any
one or more foreign states, or any class or group
thereof, who are within the United States and
who are required to be registered under this subchapter, to notify the Attorney General of their
current addresses and furnish such additional
information as the Attorney General may require.
(c) Notice to parent or legal guardian
In the case of an alien for whom a parent or
legal guardian is required to apply for registration, the notice required by this section shall be
given to such parent or legal guardian.
(June 27, 1952, ch. 477, title II, ch. 7, § 265, 66 Stat.
225; Pub. L. 97–116, § 11, Dec. 29, 1981, 95 Stat.

Page 340

1617; Pub. L. 100–525, § 9(o), Oct. 24, 1988, 102 Stat.
2620.)
AMENDMENTS
1988—Pub. L. 100–525 inserted ‘‘Notices of change of
address’’ as section catchline.
1981—Pub. L. 97–116 amended section generally and in
adding subsection designations struck out the annual
registration requirement for permanent resident aliens
and the registration requirement for those aliens in a
lawful temporary residence who were to notify the Attorney General in writing of an address every three
months while residing in the United States and inserted provision authorizing the Attorney General, in
his discretion and upon ten days notice, to require the
natives of any one or more foreign states who are in
the United States and required to be registered under
this subchapter, to notify the Attorney General of their
current addresses and furnish such additional information as required.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.

§ 1306. Penalties
(a) Willful failure to register
Any alien required to apply for registration
and to be fingerprinted in the United States who
willfully fails or refuses to make such application or to be fingerprinted, and any parent or
legal guardian required to apply for the registration of any alien who willfully fails or refuses to
file application for the registration of such alien
shall be guilty of a misdemeanor and shall, upon
conviction thereof, be fined not to exceed $1,000
or be imprisoned not more than six months, or
both.
(b) Failure to notify change of address
Any alien or any parent or legal guardian in
the United States of any alien who fails to give
written notice to the Attorney General, as required by section 1305 of this title, shall be
guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be
imprisoned not more than thirty days, or both.
Irrespective of whether an alien is convicted and
punished as herein provided, any alien who fails
to give written notice to the Attorney General,
as required by section 1305 of this title, shall be
taken into custody and removed in the manner
provided by part IV of this subchapter, unless
such alien establishes to the satisfaction of the
Attorney General that such failure was reasonably excusable or was not willful.
(c) Fraudulent statements
Any alien or any parent or legal guardian of
any alien, who files an application for registration containing statements known by him to be
false, or who procures or attempts to procure
registration of himself or another person
through fraud, shall be guilty of a misdemeanor
and shall, upon conviction thereof, be fined not
to exceed $1,000, or be imprisoned not more than

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TITLE 8—ALIENS AND NATIONALITY

six months, or both; and any alien so convicted
shall, upon the warrant of the Attorney General,
be taken into custody and be removed in the
manner provided in part IV of this subchapter.
(d) Counterfeiting
Any person who with unlawful intent photographs, prints, or in any other manner makes, or
executes, any engraving, photograph, print, or
impression in the likeness of any certificate of
alien registration or an alien registration receipt card or any colorable imitation thereof,
except when and as authorized under such rules
and regulations as may be prescribed by the Attorney General, shall upon conviction be fined
not to exceed $5,000 or be imprisoned not more
than five years, or both.
(June 27, 1952, ch. 477, title II, ch. 7, § 266, 66 Stat.
225; Pub. L. 104–208, div. C, title III, § 308(e)(2)(G),
(g)(9)(A), Sept. 30, 1996, 110 Stat. 3009–620,
3009–624.)
AMENDMENTS
1996—Subsecs. (b), (c). Pub. L. 104–208 substituted ‘‘removed’’ for ‘‘deported’’ and ‘‘part IV’’ for ‘‘Part V’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
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.

PART VIII—GENERAL PENALTY PROVISIONS
§ 1321. Prevention of unauthorized landing of
aliens
(a) Failure to report; penalties
It shall be the duty of every person, including
the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract
as provided in section 1223 of this title, bringing
an alien to, or providing a means for an alien to
come to, the United States (including an alien
crewman whose case is not covered by section
1284(a) of this title) to prevent the landing of
such alien in the United States at a port of
entry other than as designated by the Attorney
General or at any time or place other than as
designated by the immigration officers. Any
such person, owner, master, officer, or agent
who fails to comply with the foregoing requirements shall be liable to a penalty to be imposed
by the Attorney General of $3,000 for each such
violation, which may, in the discretion of the
Attorney General, be remitted or mitigated by
him in accordance with such proceedings as he
shall by regulation prescribe. Such penalty shall
be a lien upon the vessel or aircraft whose
owner, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefor in the appropriate
United States court.

§ 1321

(b) Prima facie evidence
Proof that the alien failed to present himself
at the time and place designated by the immigration officers shall be prima facie evidence
that such alien has landed in the United States
at a time or place other than as designated by
the immigration officers.
(c) Liability of owners and operators of international bridges and toll roads
(1) Any owner or operator of a railroad line,
international bridge, or toll road who establishes to the satisfaction of the Attorney General that the person has acted diligently and
reasonably to fulfill the duty imposed by subsection (a) of this section shall not be liable for
the penalty described in such subsection, notwithstanding the failure of the person to prevent the unauthorized landing of any alien.
(2)(A) At the request of any person described
in paragraph (1), the Attorney General shall inspect any facility established, or any method
utilized, at a point of entry into the United
States by such person for the purpose of complying with subsection (a) of this section. The Attorney General shall approve any such facility
or method (for such period of time as the Attorney General may prescribe) which the Attorney
General determines is satisfactory for such purpose.
(B) Proof that any person described in paragraph (1) has diligently maintained any facility,
or utilized any method, which has been approved
by the Attorney General under subparagraph (A)
(within the period for which the approval is effective) shall be prima facie evidence that such
person acted diligently and reasonably to fulfill
the duty imposed by subsection (a) of this section (within the meaning of paragraph (1) of this
subsection).
(June 27, 1952, ch. 477, title II, ch. 8, § 271, 66 Stat.
226; Pub. L. 99–603, title I, § 114, Nov. 6, 1986, 100
Stat. 3383; Pub. L. 101–649, title V, § 543(a)(8),
Nov. 29, 1990, 104 Stat. 5058; Pub. L. 104–208, div.
C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat.
3009–622.)
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208 substituted ‘‘section
1223’’ for ‘‘section 1228’’.
1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘$3,000’’
for ‘‘$1,000’’.
1986—Subsec. (c). Pub. L. 99–603 added subsec. (c).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.
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.

§ 1322

TITLE 8—ALIENS AND NATIONALITY

§ 1322. Bringing in aliens subject to denial of admission on a health-related ground; persons
liable; clearance papers; exceptions; ‘‘person’’
defined
(a) Any person who shall bring to the United
States an alien (other than an alien crewman)
who is inadmissible under section 1182(a)(1) of
this title shall pay to the Commissioner for each
and every alien so afflicted the sum of $3,000 unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the
alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing
such alien to apply for temporary admission to
the United States or an unexpired reentry permit issued to him, and (A) such application was
made within one hundred and twenty days of the
date of issuance of the visa or other document,
or in the case of an alien in possession of a reentry permit, within one hundred and twenty
days of the date on which the alien was last examined and admitted by the Service, or (B) in
the event the application was made later than
one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person establishes to the satisfaction of the Attorney General that the existence of the condition causing
inadmissibility could not have been detected by
the exercise of due diligence prior to the alien’s
embarkation.
(b) No vessel or aircraft shall be granted clearance papers pending determination of the question of liability to the payment of any fine
under this section, or while the fines remain unpaid, nor shall such fines be remitted or refunded; but clearance may be granted prior to
the determination of such question upon the deposit of a sum sufficient to cover such fines or
of a bond with sufficient surety to secure the
payment thereof, approved by the Commissioner.
(c) Nothing contained in this section shall be
construed to subject transportation companies
to a fine for bringing to ports of entry in the
United States aliens who are entitled by law to
exemption from the provisions of section 1182(a)
of this title.
(d) As used in this section, the term ‘‘person’’
means the owner, master, agent, commanding
officer, charterer, or consignee of any vessel or
aircraft.
(June 27, 1952, ch. 477, title II, ch. 8, § 272, 66 Stat.
226; Pub. L. 89–236, § 18, Oct. 3, 1965, 79 Stat. 920;
Pub. L. 101–649, title V, § 543(a)(9), title VI,
§ 603(a)(15), Nov. 29, 1990, 104 Stat. 5058, 5083; Pub.
L. 102–232, title III, § 307(l)(7), Dec. 12, 1991, 105
Stat. 1757; Pub. L. 103–416, title II, § 219(o), Oct.
25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C,
title III, § 308(d)(3)(A), (4)(I)(i), Sept. 30, 1996, 110
Stat. 3009–617, 3009–618.)

Page 342

1994—Subsec. (a). Pub. L. 103–416 struck out comma
after ‘‘every alien so afflicted’’.
1991—Subsec. (a). Pub. L. 102–232 struck out comma
before ‘‘shall pay’’.
1990—Pub. L. 101–649, § 603(a)(15)(D), substituted ‘‘exclusion on a health-related ground’’ for ‘‘disability or
afflicted with disease’’ in section catchline.
Subsec. (a). Pub. L. 101–649, § 603(a)(15)(A), substituted
‘‘excludable under section 1182(a)(1) of this title’’ for
‘‘(1) mentally retarded, (2) insane, (3) afflicted with psychopathic personality, or with sexual deviation, (4) a
chronic alcoholic, (5) afflicted with any dangerous contagious disease, or (6) a narcotic drug addict’’ and ‘‘the
excluding condition’’ for ‘‘such disease or disability’’.
Pub. L. 101–649, § 543(a)(9)(A), substituted ‘‘Commissioner’’ for ‘‘collector of customs of the customs district in which the place of arrival is located’’ and
‘‘$3,000’’ for ‘‘$1,000’’.
Subsec. (b). Pub. L. 101–649, § 603(a)(15)(B), (C), redesignated subsec. (c) as (b) and struck out former subsec.
(b) which read as follows: ‘‘Any person who shall bring
to the United States an alien (other than an alien crewman) afflicted with any mental defect other than those
enumerated in subsection (a) of this section, or any
physical defect of a nature which may affect his ability
to earn a living, as provided in section 1182(a)(7) of this
title, shall pay to the Commissioner for each and every
alien so afflicted, the sum of $3,000, unless (1) the alien
was in possession of a valid, unexpired immigrant visa,
or (2) the alien was allowed to land in the United
States, or (3) the alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to
the United States or an unexpired reentry permit issued to him, and (A) such application was made within
one hundred and twenty days of the date of issuance of
the visa or other document, or in the case of an alien
in possession of a reentry permit, within one hundred
and twenty days of the date on which the alien was last
examined and admitted by the Service, or (B) in the
event the application was made later than one hundred
and twenty days of the date of issuance of the visa or
other document or such examination and admission, if
such person establishes to the satisfaction of the Attorney General that the existence of such disease or disability could not have been detected by the exercise of
due diligence prior to the alien’s embarkation.’’
Pub. L. 101–649, § 543(a)(9)(B), substituted ‘‘Commissioner’’ for ‘‘collector of customs of the customs district in which the place of arrival is located’’ and
‘‘$3,000’’ for ‘‘$250’’.
Subsec. (c). Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (d) as (c). Former subsec. (c) redesignated
(b).
Pub. L. 101–649, § 543(a)(9)(C), substituted ‘‘Commissioner’’ for ‘‘collector of customs’’.
Subsecs. (d), (e). Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
1965—Subsec. (a). Pub. L. 89–236 substituted ‘‘mentally retarded’’ for ‘‘feeble-minded’’, struck out references to epileptics and persons afflicted with tuberculosis and leprosy, and inserted reference to persons
afflicted with sexual deviation.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.

AMENDMENTS

EFFECTIVE DATE OF 1994 AMENDMENT

1996—Pub. L. 104–208, § 308(d)(4)(I)(i)(I), amended section catchline.
Subsec. (a). Pub. L. 104–208, § 308(d)(3)(A), (4)(I)(i)(II),
substituted ‘‘inadmissible’’ for ‘‘excludable’’ and ‘‘condition causing inadmissibility’’ for ‘‘excluding condition’’.
Subsec. (c). Pub. L. 104–208, § 308(d)(4)(I)(i)(III), struck
out ‘‘excluding’’ after ‘‘exemption from the’’.

Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(l) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if in-

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TITLE 8—ALIENS AND NATIONALITY

cluded in section 603(a) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 543(a)(9) of Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section
543(c) of Pub. L. 101–649, set out as a note under section
1221 of this title.
Amendment by section 603(a)(15) of Pub. L. 101–649 applicable to individuals entering United States on or
after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89–236 effective, except as
otherwise provided, on first day of first month after expiration of thirty days following date of enactment of
Pub. L. 89–236, which was approved on Oct. 3, 1965, see
section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title.
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.

§ 1323. Unlawful bringing of aliens into United
States
(a) Persons liable
(1) It shall be unlawful for any person, including any transportation company, or the owner,
master, commanding officer, agent, charterer,
or consignee of any vessel or aircraft, to bring
to the United States from any place outside
thereof (other than from foreign contiguous territory) any alien who does not have a valid passport and an unexpired visa, if a visa was required under this chapter or regulations issued
thereunder.
(2) It is unlawful for an owner, agent, master,
commanding officer, person in charge, purser, or
consignee of a vessel or aircraft who is bringing
an alien (except an alien crewmember) to the
United States to take any consideration to be
kept or returned contingent on whether an alien
is admitted to, or ordered removed from, the
United States.
(b) Evidence
If it appears to the satisfaction of the Attorney General that any alien has been so brought,
such person, or transportation company, or the
master, commanding officer, agent, owner, charterer, or consignee of any such vessel or aircraft, shall pay to the Commissioner a fine of
$3,000 for each alien so brought and, except in
the case of any such alien who is admitted, or
permitted to land temporarily, in addition, an
amount equal to that paid by such alien for his
transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter fine to be delivered by the Commissioner to the alien on whose account the assessment is made. No vessel or aircraft shall be
granted clearance pending the determination of
the liability to the payment of such fine or
while such fine remains unpaid, except that
clearance may be granted prior to the determination of such question upon the deposit of an
amount sufficient to cover such fine, or of a
bond with sufficient surety to secure the payment thereof approved by the Commissioner.

§ 1323

(c) Remission or refund
Except as provided in subsection (e) of this
section, such fine shall not be remitted or refunded, unless it appears to the satisfaction of
the Attorney General that such person, and the
owner, master, commanding officer, agent, charterer, and consignee of the vessel or aircraft,
prior to the departure of the vessel or aircraft
from the last port outside the United States, did
not know, and could not have ascertained by the
exercise of reasonable diligence, that the individual transported was an alien and that a valid
passport or visa was required.
(d) Repealed. Pub. L. 104–208, div. C, title III,
§ 308(e)(13), Sept. 30, 1996, 110 Stat. 3009–620
(e) Reduction, refund, or waiver
A fine under this section may be reduced, refunded, or waived under such regulations as the
Attorney General shall prescribe in cases in
which—
(1) the carrier demonstrates that it had
screened all passengers on the vessel or aircraft in accordance with procedures prescribed
by the Attorney General, or
(2) circumstances exist that the Attorney
General determines would justify such reduction, refund, or waiver.
(June 27, 1952, ch. 477, title II, ch. 8, § 273, 66 Stat.
227; Pub. L. 101–649, title II, § 201(b), title V,
§ 543(a)(10), Nov. 29, 1990, 104 Stat. 5014, 5058; Pub.
L. 102–232, title III, § 306(c)(4)(D), Dec. 12, 1991, 105
Stat. 1752; Pub. L. 103–416, title II, §§ 209(a), 216,
219(p), Oct. 25, 1994, 108 Stat. 4312, 4315, 4317; Pub.
L. 104–208, div. C, title III, §§ 308(c)(3), (e)(13),
371(b)(8), title VI, § 671(b)(6), (7), Sept. 30, 1996, 110
Stat. 3009–616, 3009–620, 3009–645, 3009–722.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208, § 308(c)(3), designated existing provisions as par. (1) and added par.
(2).
Subsec. (b). Pub. L. 104–208, § 671(b)(7), made technical
amendment to directory language of Pub. L. 103–416,
§ 209(a)(1). See 1994 Amendment note below.
Pub. L. 104–208, § 671(b)(6), substituted ‘‘remains’’ for
‘‘remain’’.
Subsec. (d). Pub. L. 104–208, § 371(b)(8), substituted
‘‘immigration judges’’ for ‘‘special inquiry officers’’.
Pub. L. 104–208, § 308(e)(13), struck out subsec. (d)
which read as follows: ‘‘The owner, charterer, agent,
consignee, commanding officer, or master of any vessel
or aircraft arriving at the United States from any place
outside the United States who fails to deport any alien
stowaway on the vessel or aircraft on which such stowaway arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which such stowaway
arrived when required to do so by an immigration officer, shall pay to the Commissioner a fine of $3,000 for
each alien stowaway, in respect of whom any such failure occurs. Pending final determination of liability for
such fine, no such vessel or aircraft shall be granted
clearance, except that clearance may be granted upon
the deposit of an amount sufficient to cover such fine,

§ 1324

TITLE 8—ALIENS AND NATIONALITY

or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The provisions of section 1225 of this title for detention of
aliens for examination before immigration judges and
the right of appeal provided for in section 1226 of this
title shall not apply to aliens who arrive as stowaways
and no such alien shall be permitted to land in the
United States, except temporarily for medical treatment, or pursuant to such regulations as the Attorney
General may prescribe for the ultimate departure or removal or deportation of such alien from the United
States.’’
1994—Subsec. (b). Pub. L. 103–416, § 219(p), in first sentence substituted ‘‘Commissioner’’ for ‘‘collector of
customs’’ before ‘‘to the alien’’.
Pub. L. 103–416, § 209(a)(1), as amended by Pub. L.
104–208, § 671(b)(7), substituted ‘‘a fine of $3,000’’ for ‘‘the
sum of $3,000’’.
Pub. L. 103–416, § 209(a)(2), (4), in first sentence substituted ‘‘an amount equal to’’ for ‘‘a sum equal to’’
and ‘‘such latter fine’’ for ‘‘such latter sum’’, and in
second sentence substituted ‘‘such fine or while such
fine’’ for ‘‘such sums or while such sums’’ and ‘‘cover
such fine’’ for ‘‘cover such sums’’.
Subsec. (c). Pub. L. 103–416, § 209(a)(4), (5), substituted
‘‘Except as provided in subsection (e) of this section,
such fine’’ for ‘‘Such sums’’.
Subsec. (d). Pub. L. 103–416, § 216, amended first sentence generally. Prior to amendment, first sentence
read as follows: ‘‘The owner, charterer, agent, consignee, commanding officer, or master of any vessel or
aircraft arriving at the United States from any place
outside thereof who fails to detain on board or at such
other place as may be designated by an immigration officer any alien stowaway until such stowaway has been
inspected by an immigration officer, or who fails to detain such stowaway on board or at such other designated place after inspection if ordered to do so by an
immigration officer, or who fails to deport such stowaway on the vessel or aircraft on which he arrived or on
another vessel or aircraft at the expense of the vessel
or aircraft on which he arrived when required to do so
by an immigration officer, shall pay to the Commissioner the sum of $3,000 for each alien stowaway, in respect of whom any such failure occurs.’’
Pub. L. 103–416, § 209(a)(1), which directed that subsec.
(d) be amended by substituting ‘‘a fine of $3,000’’ for
‘‘the sum of $3000’’, was executed in the first sentence
by making the substitution for ‘‘the sum of $3,000’’, to
reflect the probable intent of Congress.
Pub. L. 103–416, § 209(a)(3), in second sentence substituted ‘‘an amount’’ for ‘‘a sum’’ before ‘‘sufficient to
cover such fine’’.
Subsec. (e). Pub. L. 103–416, § 209(a)(6), added subsec.
(e).
1991—Subsec. (b). Pub. L. 102–232 substituted ‘‘Commissioner’’ for ‘‘collector of customs’’ before period at
end of second sentence.
1990—Subsec. (a). Pub. L. 101–649, § 201(b)(1), inserted
‘‘a valid passport and’’ before ‘‘an unexpired visa’’.
Subsec. (b). Pub. L. 101–649, § 543(a)(10)(A), substituted
‘‘Commissioner the sum of $3,000’’ for ‘‘collector of customs of the customs district in which the port of arrival is located the sum of $1,000’’.
Subsec. (c). Pub. L. 101–649, § 201(b)(2), inserted ‘‘valid
passport or’’ before ‘‘visa was required’’.
Subsec. (d). Pub. L. 101–649, § 543(a)(10)(B), substituted
‘‘Commissioner the sum of $3,000’’ for ‘‘collector of customs of the customs district in which the port of arrival is located the sum of $1,000’’ in first sentence and
‘‘Commissioner’’ for ‘‘collector of customs’’ in second
sentence.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(c)(3), (e)(13) 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 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, set out as a note under section 1101 of this title.

Page 344

Amendment by section 671(b)(6), (7) of Pub. L. 104–208
effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of
1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L.
104–208, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 209(b) of Pub. L. 103–416, as amended by Pub.
L. 104–208, div. C, title VI, § 671(b)(8), Sept. 30, 1996, 110
Stat. 3009–722, provided that: ‘‘The amendments made
by this section [amending this section] shall apply with
respect to aliens brought to the United States more
than 60 days after the date of enactment of this Act
[Oct. 25, 1994].’’
Amendment by section 219(p) of Pub. L. 103–416 effective as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub.
L. 103–416, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 543(a)(10) of Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section
543(c) of Pub. L. 101–649, set out as a note under section
1221 of this title.
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.

§ 1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who—
(i) knowing that a person is an alien, brings
to or attempts to bring to the United States in
any manner whatsoever such person at a place
other than a designated port of entry or place
other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to,
enter, or reside in the United States and regardless of any future official action which
may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the
fact that an alien has come to, entered, or remains in the United States in violation of law,
transports, or moves or attempts to transport
or move such alien within the United States
by means of transportation or otherwise, in
furtherance of such violation of law;
(iii) knowing or in reckless disregard of the
fact that an alien has come to, entered, or remains in the United States in violation of law,
conceals, harbors, or shields from detection, or
attempts to conceal, harbor, or shield from detection, such alien in any place, including any
building or any means of transportation;
(iv) encourages or induces an alien to come
to, enter, or reside in the United States, knowing or in reckless disregard of the fact that
such coming to, entry, or residence is or will
be in violation of law; or
(v)(I) engages in any conspiracy to commit
any of the preceding acts, or
(II) aids or abets the commission of any of
the preceding acts,

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TITLE 8—ALIENS AND NATIONALITY

shall be punished as provided in subparagraph
(B).
(B) A person who violates subparagraph (A)
shall, for each alien in respect to whom such a
violation occurs—
(i) in the case of a violation of subparagraph
(A)(i) or (v)(I) or in the case of a violation of
subparagraph (A)(ii), (iii), or (iv) in which the
offense was done for the purpose of commercial advantage or private financial gain, be
fined under title 18, imprisoned not more than
10 years, or both;
(ii) in the case of a violation of subparagraph
(A)(ii), (iii), (iv), or (v)(II), be fined under title
18, imprisoned not more than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in
relation to which the person causes serious
bodily injury (as defined in section 1365 of title
18) to, or places in jeopardy the life of, any
person, be fined under title 18, imprisoned not
more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in
the death of any person, be punished by death
or imprisoned for any term of years or for life,
fined under title 18, or both.
(C) It is not a violation of clauses 1 (ii) or (iii)
of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or
induces an alien to come to or enter the United
States, for a religious denomination having a
bona fide nonprofit, religious organization in
the United States, or the agents or officers of
such denomination or organization, to encourage, invite, call, allow, or enable an alien who is
present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States
as a volunteer who is not compensated as an employee, notwithstanding the provision of room,
board, travel, medical assistance, and other
basic living expenses, provided the minister or
missionary has been a member of the denomination for at least one year.
(2) Any person who, knowing or in reckless
disregard of the fact that an alien has not received prior official authorization to come to,
enter, or reside in the United States, brings to
or attempts to bring to the United States in any
manner whatsoever, such alien, regardless of
any official action which may later be taken
with respect to such alien shall, for each alien in
respect to whom a violation of this paragraph
occurs—
(A) be fined in accordance with title 18 or
imprisoned not more than one year, or both;
or
(B) in the case of—
(i) an offense committed with the intent or
with reason to believe that the alien unlawfully brought into the United States will
commit an offense against the United States
or any State punishable by imprisonment for
more than 1 year,
(ii) an offense done for the purpose of commercial advantage or private financial gain,
or
1 So

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

§ 1324

(iii) an offense in which the alien is not
upon arrival immediately brought and presented to an appropriate immigration officer
at a designated port of entry,
be fined under title 18 and shall be imprisoned,
in the case of a first or second violation of
subparagraph (B)(iii), not more than 10 years,
in the case of a first or second violation of
subparagraph (B)(i) or (B)(ii), not less than 3
nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.
(3)(A) Any person who, during any 12-month
period, knowingly hires for employment at least
10 individuals with actual knowledge that the
individuals are aliens described in subparagraph
(B) shall be fined under title 18 or imprisoned for
not more than 5 years, or both.
(B) An alien described in this subparagraph is
an alien who—
(i) is an unauthorized alien (as defined in
section 1324a(h)(3) of this title), and
(ii) has been brought into the United States
in violation of this subsection.
(4) In the case of a person who has brought
aliens into the United States in violation of this
subsection, the sentence otherwise provided for
may be increased by up to 10 years if—
(A) the offense was part of an ongoing commercial organization or enterprise;
(B) aliens were transported in groups of 10 or
more; and
(C)(i) aliens were transported in a manner
that endangered their lives; or
(ii) the aliens presented a life-threatening
health risk to people in the United States.
(b) Seizure and forfeiture
(1) In general
Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used
in the commission of a violation of subsection
(a) of this section, the gross proceeds of such
violation, and any property traceable to such
conveyance or proceeds, shall be seized and
subject to forfeiture.
(2) Applicable procedures
Seizures and forfeitures under this subsection shall be governed by the provisions of
chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the
Secretary of the Treasury under the customs
laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by
the Attorney General.
(3) Prima facie evidence in determinations of
violations
In determining whether a violation of subsection (a) of this section has occurred, any of
the following shall be prima facie evidence
that an alien involved in the alleged violation
had not received prior official authorization to
come to, enter, or reside in the United States
or that such alien had come to, entered, or remained in the United States in violation of
law:
(A) Records of any judicial or administrative proceeding in which that alien’s status

§ 1324

TITLE 8—ALIENS AND NATIONALITY

was an issue and in which it was determined
that the alien had not received prior official
authorization to come to, enter, or reside in
the United States or that such alien had
come to, entered, or remained in the United
States in violation of law.
(B) Official records of the Service or of the
Department of State showing that the alien
had not received prior official authorization
to come to, enter, or reside in the United
States or that such alien had come to, entered, or remained in the United States in
violation of law.
(C) Testimony, by an immigration officer
having personal knowledge of the facts concerning that alien’s status, that the alien
had not received prior official authorization
to come to, enter, or reside in the United
States or that such alien had come to, entered, or remained in the United States in
violation of law.
(c) Authority to arrest
No officer or person shall have authority to
make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney
General, either individually or as a member of a
class, and all other officers whose duty it is to
enforce criminal laws.
(d) Admissibility of videotaped witness testimony
Notwithstanding any provision of the Federal
Rules of Evidence, the videotaped (or otherwise
audiovisually preserved) deposition of a witness
to a violation of subsection (a) of this section
who has been deported or otherwise expelled
from the United States, or is otherwise unable
to testify, may be admitted into evidence in an
action brought for that violation if the witness
was available for cross examination and the deposition otherwise complies with the Federal
Rules of Evidence.
(e) Outreach program
The Secretary of Homeland Security, in consultation with the Attorney General and the
Secretary of State, as appropriate, shall develop
and implement an outreach program to educate
the public in the United States and abroad about
the penalties for bringing in and harboring
aliens in violation of this section.
(June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat.
228; Pub. L. 95–582, § 2, Nov. 2, 1978, 92 Stat. 2479;
Pub. L. 97–116, § 12, Dec. 29, 1981, 95 Stat. 1617;
Pub. L. 99–603, title I, § 112, Nov. 6, 1986, 100 Stat.
3381; Pub. L. 100–525, § 2(d), Oct. 24, 1988, 102 Stat.
2610; Pub. L. 103–322, title VI, § 60024, Sept. 13,
1994, 108 Stat. 1981; Pub. L. 104–208, div. C, title
II, §§ 203(a)–(d), 219, title VI, § 671(a)(1), Sept. 30,
1996, 110 Stat. 3009–565, 3009–566, 3009–574, 3009–720;
Pub. L. 106–185, § 18(a), Apr. 25, 2000, 114 Stat. 222;
Pub. L. 108–458, title V, § 5401, Dec. 17, 2004, 118
Stat. 3737; Pub. L. 109–97, title VII, § 796, Nov. 10,
2005, 119 Stat. 2165.)
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec.
(d), are set out in the Appendix to Title 28, Judiciary
and Judicial Procedure.

Page 346

AMENDMENTS
2005—Subsec. (a)(1)(C). Pub. L. 109–97 added subpar.
(C).
2004—Subsec. (a)(4). Pub. L. 108–458, § 5401(a), added
par. (4).
Subsec. (e). Pub. L. 108–458, § 5401(b), added subsec. (e).
2000—Subsec. (b). Pub. L. 106–185 inserted heading and
amended text of subsec. (b) generally, substituting
present provisions for provisions relating to conveyances subject to seizure and forfeiture, exceptions, officers and authorized persons, disposition of forfeited
conveyances, and suits and actions.
1996—Subsec. (a)(1). Pub. L. 104–208, § 671(a)(1), made
technical amendment to directory language of Pub. L.
103–322, § 60024(1)(F). See 1994 Amendment note below.
Subsec. (a)(1)(A)(v). Pub. L. 104–208, § 203(b)(1), which
directed the amendment of subsec. (a)(1)(A) by adding
cl. (v) at end, was executed by adding cl. (v) after cl.
(iv), to reflect the probable intent of Congress.
Subsec. (a)(1)(B)(i). Pub. L. 104–208, § 203(a), (b)(2)(A),
inserted ‘‘or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was
done for the purpose of commercial advantage or private financial gain’’ after ‘‘subparagraph (A)(i)’’.
Subsec. (a)(1)(B)(ii). Pub. L. 104–208, § 203(b)(2)(B), substituted ‘‘(iv), or (v)(II)’’ for ‘‘or (iv)’’.
Subsec.
(a)(1)(B)(iii),
(iv).
Pub.
L.
104–208,
§ 203(b)(2)(C), (D), substituted ‘‘(iv), or (v)’’ for ‘‘or (iv)’’.
Subsec. (a)(2). Pub. L. 104–208, § 203(d), substituted
‘‘for each alien in respect to whom a violation of this
paragraph occurs’’ for ‘‘for each transaction constituting a violation of this paragraph, regardless of the
number of aliens involved’’ in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 104–208, § 203(b)(3), in concluding provisions, substituted ‘‘be fined under title 18
and shall be imprisoned, in the case of a first or second
violation of subparagraph (B)(iii), not more than 10
years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more
than 10 years, and for any other violation, not less than
5 nor more than 15 years.’’ for ‘‘be fined in accordance
with title 18 or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or
both; or in the case of a violation of subparagraph (B)(i)
or (B)(iii), imprisoned not more than 5 years, or both..’’
Subsec. (a)(2)(B)(i). Pub. L. 104–208, § 203(c), amended
cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘a second or subsequent offense,’’.
Subsec. (a)(3). Pub. L. 104–208, § 203(b)(4), added par.
(3).
Subsec. (d). Pub. L. 104–208, § 219, added subsec. (d).
1994—Subsec. (a)(1). Pub. L. 103–322, § 60024(1)(F), as
amended by Pub. L. 104–208, § 671(a)(1), substituted
‘‘shall be punished as provided in subparagraph (B)’’ for
‘‘shall be fined in accordance with title 18, United
States Code, or imprisoned not more than five years, or
both, for each alien in respect to whom any violation
of this paragraph occurs’’ in concluding provisions.
Pub. L. 103–322, § 60024(1)(A)–(E), (G), designated existing provisions of par. (1) as subpar. (A) of par. (1), redesignated subpars. (A) to (D) of former par. (1) as cls. (i)
to (iv), respectively, of subpar. (A), and added subpar.
(B).
Subsec. (a)(2)(B). Pub. L. 103–322, § 60024(2), in concluding provisions, substituted ‘‘or in the case of a violation of subparagraph (B)(ii), imprisoned not more than
10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5
years, or both.’’ for ‘‘or imprisoned not more than five
years, or both’’.
1988—Subsec. (a)(1). Pub. L. 100–525, § 2(d)(1), in closing provisions substituted ‘‘or imprisoned’’ for ‘‘imprisoned’’ and ‘‘this paragraph’’ for ‘‘this subsection’’.
Subsec. (b)(4)(C), (5). Pub. L. 100–525, § 2(d)(2), amended
Pub. L. 99–603, § 112(b)(5), (8). See 1986 Amendment note
below.
1986—Subsec. (a). Pub. L. 99–603, § 112(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read
as follows: ‘‘Any person, including the owner, operator,

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TITLE 8—ALIENS AND NATIONALITY

pilot, master, commanding officer, agent, or consignee
of any means of transportation who—
‘‘(1) brings into or lands in the United States, by
any means of transportation or otherwise, or attempts, by himself or through another, to bring into
or land in the United States, by any means of transportation or otherwise;
‘‘(2) knowing that he is in the United States in violation of law, and knowing or having reasonable
grounds to believe that his last entry into the United
States occurred less than three years prior thereto,
transports, or moves, or attempts to transport or
move, within the United States by means of transportation or otherwise, in furtherance of such violation
of law;
‘‘(3) willfully or knowingly conceals, harbors, or
shields from detection, or attempts to conceal, harbor, or shield from detection, in any place, including
any building or any means of transportation; or
‘‘(4) willfully or knowingly encourages or induces,
or attempts to encourage or induce, either directly or
indirectly, the entry into the United States of—
any alien, including an alien crewman, not duly admitted by an immigration officer or not lawfully entitled
to enter or reside within the United States under the
terms of this chapter or any other law relating to the
immigration or expulsion of aliens, shall be guilty of a
felony, and upon conviction thereof shall be punished
by a fine not exceeding $2,000 or by imprisonment for a
term not exceeding five years, or both, for each alien in
respect to whom any violation of this subsection occurs: Provided, however, That for the purposes of this
section, employment (including the usual and normal
practices incident to employment) shall not be deemed
to constitute harboring.’’
Subsec. (b)(1). Pub. L. 99–603, § 112(b)(1), (2), substituted ‘‘has been or is being used’’ for ‘‘is used’’ and
‘‘seized and subject to’’ for ‘‘subject to seizure and’’ in
provisions preceding subpar. (A).
Subsec. (b)(2). Pub. L. 99–603, § 112(b)(3), inserted ‘‘or
is being’’ after ‘‘has been’’.
Subsec. (b)(3). Pub. L. 99–603, § 112(b)(4), substituted
‘‘property’’ for ‘‘conveyances’’.
Subsec. (b)(4)(C). Pub. L. 99–603, § 112(b)(5), as amended
by Pub. L. 100–525, § 2(d)(2)(A), inserted ‘‘, or the Maritime Administration if appropriate under section 484(i)
of title 40,’’.
Subsec. (b)(4)(D). Pub. L. 99–603, § 112(b)(6), added subpar. (D).
Subsec. (b)(5). Pub. L. 99–603, § 112(b)(7)–(9), as amended by Pub. L. 100–525, § 2(d)(2)(B), substituted ‘‘, except
that’’ for ‘‘: Provided, That’’ in provisions preceding
subpar. (A), substituted ‘‘had not received prior official
authorization to come to, enter, or reside in the United
States or that such alien had come to, entered, or remained in the United States in violation of law’’ for
‘‘was not lawfully entitled to enter, or reside within,
the United States’’ wherever appearing, inserted ‘‘or of
the Department of State’’ in subpar. (B), and substituted ‘‘had not received prior official authorization
to come to, enter, or reside in the United States or that
such alien had come to, entered, or remained in the
United States in violation of law’’ for ‘‘was not entitled
to enter, or reside within, the United States’’ in subpar.
(C).
1981—Subsec. (b). Pub. L. 97–116 strengthened the seizure and forfeiture authority by striking out the ‘‘innocent owner’’ exemption and merely requiring the Government to show probable cause that the conveyance
seized has been used to illegally transport aliens, which
when demonstrated, shifts the burden of proof to the
owner or claimant to show by a preponderance of the
evidence that the conveyance was not illegally used, by
relieving the Government of the obligation to pay any
administrative and incidental costs incurred by a successful claimant provided probable cause for the original seizure was demonstrated, and by striking out the
requirement that the Government satisfy any valid lien
or third party interest in the conveyance without expense to the interest holder by providing the lien-

§ 1324a

holders interest be satisfied only after costs associated
with the seizure have been deducted.
1978—Subsecs. (b), (c). Pub. L. 95–582 added subsec. (b)
and redesignated former subsec. (b) as (c).
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–185, § 21, Apr. 25, 2000, 114 Stat. 225, provided that: ‘‘Except as provided in section 14(c) [set out
as an Effective Date note under section 2466 of title 28,
Judiciary and Judicial Procedure], this Act [see Short
Title of 2000 Amendment note set out under section 981
of Title 18, Crimes and Criminal Procedure] and the
amendments made by this Act shall apply to any forfeiture proceeding commenced on or after the date that
is 120 days after the date of the enactment of this Act
[Apr. 25, 2000].’’
EFFECTIVE DATE OF 1996 AMENDMENT
Section 203(f) of div. C of Pub. L. 104–208 provided
that: ‘‘This section [amending this section and enacting provisions set out as a note under section 994 of
Title 28, Judiciary and Judicial Procedure] and the
amendments made by this section shall apply with respect to offenses occurring on or after the date of the
enactment of this Act [Sept. 30, 1996].’’
Amendment by section 671(a)(1) 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 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 a note under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.

§ 1324a. Unlawful employment of aliens
(a) Making employment of unauthorized aliens
unlawful
(1) In general
It is unlawful for a person or other entity—
(A) to hire, or to recruit or refer for a fee,
for employment in the United States an
alien knowing the alien is an unauthorized
alien (as defined in subsection (h)(3) of this
section) with respect to such employment,
or
(B)(i) to hire for employment in the United
States an individual without complying with
the requirements of subsection (b) of this
section or (ii) if the person or entity is an
agricultural association, agricultural employer, or farm labor contractor (as defined
in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in
the United States an individual without
complying with the requirements of subsection (b) of this section.
(2) Continuing employment
It is unlawful for a person or other entity,
after hiring an alien for employment in ac-

§ 1324a

TITLE 8—ALIENS AND NATIONALITY

cordance with paragraph (1), to continue to
employ the alien in the United States knowing
the alien is (or has become) an unauthorized
alien with respect to such employment.
(3) Defense
A person or entity that establishes that it
has complied in good faith with the requirements of subsection (b) of this section with respect to the hiring, recruiting, or referral for
employment of an alien in the United States
has established an affirmative defense that the
person or entity has not violated paragraph
(1)(A) with respect to such hiring, recruiting,
or referral.
(4) Use of labor through contract
For purposes of this section, a person or
other entity who uses a contract, subcontract,
or exchange, entered into, renegotiated, or extended after November 6, 1986, to obtain the
labor of an alien in the United States knowing
that the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with
respect to performing such labor, shall be considered to have hired the alien for employment
in the United States in violation of paragraph
(1)(A).
(5) Use of State employment agency documentation
For purposes of paragraphs (1)(B) and (3), a
person or entity shall be deemed to have complied with the requirements of subsection (b)
of this section with respect to the hiring of an
individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person
or entity has and retains (for the period and in
the manner described in subsection (b)(3) of
this section) appropriate documentation of
such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) of this section with respect to the
individual’s referral.
(6) Treatment of documentation for certain employees
(A) In general
For purposes of this section, if—
(i) an individual is a member of a collective-bargaining unit and is employed,
under a collective bargaining agreement
entered into between one or more employee organizations and an association of
two or more employers, by an employer
that is a member of such association, and
(ii) within the period specified in subparagraph (B), another employer that is a
member of the association (or an agent of
such association on behalf of the employer) has complied with the requirements of subsection (b) of this section with
respect to the employment of the individual,
the subsequent employer shall be deemed to
have complied with the requirements of subsection (b) of this section with respect to the
hiring of the employee and shall not be liable for civil penalties described in subsection
(e)(5) of this section.

Page 348

(B) Period
The period described in this subparagraph
is 3 years, or, if less, the period of time that
the individual is authorized to be employed
in the United States.
(C) Liability
(i) In general
If any employer that is a member of an
association hires for employment in the
United States an individual and relies
upon the provisions of subparagraph (A) to
comply with the requirements of subsection (b) of this section and the individual is an alien not authorized to work in
the United States, then for the purposes of
paragraph (1)(A), subject to clause (ii), the
employer shall be presumed to have known
at the time of hiring or afterward that the
individual was an alien not authorized to
work in the United States.
(ii) Rebuttal of presumption
The presumption established by clause
(i) may be rebutted by the employer only
through the presentation of clear and convincing evidence that the employer did not
know (and could not reasonably have
known) that the individual at the time of
hiring or afterward was an alien not authorized to work in the United States.
(iii) Exception
Clause (i) shall not apply in any prosecution under subsection (f)(1) of this section.
(7) Application to Federal Government
For purposes of this section, the term ‘‘entity’’ includes an entity in any branch of the
Federal Government.
(b) Employment verification system
The requirements referred to in paragraphs
(1)(B) and (3) of subsection (a) of this section
are, in the case of a person or other entity hiring, recruiting, or referring an individual for
employment in the United States, the requirements specified in the following three paragraphs:
(1) Attestation after examination of documentation
(A) In general
The person or entity must attest, under
penalty of perjury and on a form designated
or established by the Attorney General by
regulation, that it has verified that the individual is not an unauthorized alien by examining—
(i) a document described in subparagraph
(B), or
(ii) a document described in subparagraph (C) and a document described in subparagraph (D).
Such attestation may be manifested by either a hand-written or an electronic signature. A person or entity has complied with
the requirement of this paragraph with respect to examination of a document if the
document reasonably appears on its face to
be genuine. If an individual provides a document or combination of documents that rea-

Page 349

TITLE 8—ALIENS AND NATIONALITY

sonably appears on its face to be genuine and
that is sufficient to meet the requirements
of the first sentence of this paragraph, nothing in this paragraph shall be construed as
requiring the person or entity to solicit the
production of any other document or as requiring the individual to produce such another document.
(B) Documents establishing both employment
authorization and identity
A document described in this subparagraph
is an individual’s—
(i) United States passport; 1
(ii) resident alien card, alien registration
card, or other document designated by the
Attorney General, if the document—
(I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by
regulation, sufficient for purposes of this
subsection,
(II) is evidence of authorization of employment in the United States, and
(III) contains security features to
make it resistant to tampering, counterfeiting, and fraudulent use.
(C) Documents evidencing employment authorization
A document described in this subparagraph
is an individual’s—
(i) social security account number card
(other than such a card which specifies on
the face that the issuance of the card does
not authorize employment in the United
States); or
(ii) other documentation evidencing authorization of employment in the United
States which the Attorney General finds,
by regulation, to be acceptable for purposes of this section.
(D) Documents establishing identity of individual
A document described in this subparagraph
is an individual’s—
(i) driver’s license or similar document
issued for the purpose of identification by
a State, if it contains a photograph of the
individual or such other personal identifying information relating to the individual
as the Attorney General finds, by regulation, sufficient for purposes of this section;
or
(ii) in the case of individuals under 16
years of age or in a State which does not
provide for issuance of an identification
document (other than a driver’s license)
referred to in clause (i), documentation of
personal identity of such other type as the
Attorney General finds, by regulation, provides a reliable means of identification.
(E) Authority to prohibit use of certain documents
If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing em1 So

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

§ 1324a

ployment authorization or identity does not
reliably establish such authorization or
identity or is being used fraudulently to an
unacceptable degree, the Attorney General
may prohibit or place conditions on its use
for purposes of this subsection.
(2) Individual attestation of employment authorization
The individual must attest, under penalty of
perjury on the form designated or established
for purposes of paragraph (1), that the individual is a citizen or national of the United
States, an alien lawfully admitted for permanent residence, or an alien who is authorized
under this chapter or by the Attorney General
to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a hand-written or an electronic signature.
(3) Retention of verification form
After completion of such form in accordance
with paragraphs (1) and (2), the person or entity must retain a paper, microfiche, microfilm, or electronic version of the form and
make it available for inspection by officers of
the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or
the Department of Labor during a period beginning on the date of the hiring, recruiting,
or referral of the individual and ending—
(A) in the case of the recruiting or referral
for a fee (without hiring) of an individual,
three years after the date of the recruiting
or referral, and
(B) in the case of the hiring of an individual—
(i) three years after the date of such hiring, or
(ii) one year after the date the individual’s employment is terminated,
whichever is later.
(4) Copying of documentation permitted
Notwithstanding any other provision of law,
the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the
purpose of complying with the requirements of
this subsection.
(5) Limitation on use of attestation form
A form designated or established by the Attorney General under this subsection and any
information contained in or appended to such
form, may not be used for purposes other than
for enforcement of this chapter and sections
1001, 1028, 1546, and 1621 of title 18.
(6) Good faith compliance
(A) In general
Except as provided in subparagraphs (B)
and (C), a person or entity is considered to
have complied with a requirement of this
subsection notwithstanding a technical or
procedural failure to meet such requirement
if there was a good faith attempt to comply
with the requirement.
(B) Exception if failure to correct after notice
Subparagraph (A) shall not apply if—

§ 1324a

TITLE 8—ALIENS AND NATIONALITY

(i) the Service (or another enforcement
agency) has explained to the person or entity the basis for the failure,
(ii) the person or entity has been provided a period of not less than 10 business
days (beginning after the date of the explanation) within which to correct the failure, and
(iii) the person or entity has not corrected the failure voluntarily within such
period.
(C) Exception for pattern or practice violators
Subparagraph (A) shall not apply to a person or entity that has or is engaging in a
pattern or practice of violations of subsection (a)(1)(A) or (a)(2) of this section.
(c) No authorization of national identification
cards
Nothing in this section shall be construed to
authorize, directly or indirectly, the issuance or
use of national identification cards or the establishment of a national identification card.
(d) Evaluation and changes in employment verification system
(1) Presidential monitoring and improvements
in system
(A) Monitoring
The President shall provide for the monitoring and evaluation of the degree to
which the employment verification system
established under subsection (b) of this section provides a secure system to determine
employment eligibility in the United States
and shall examine the suitability of existing
Federal and State identification systems for
use for this purpose.
(B) Improvements to establish secure system
To the extent that the system established
under subsection (b) of this section is found
not to be a secure system to determine employment eligibility in the United States,
the President shall, subject to paragraph (3)
and taking into account the results of any
demonstration projects conducted under
paragraph (4), implement such changes in
(including additions to) the requirements of
subsection (b) of this section as may be necessary to establish a secure system to determine employment eligibility in the United
States. Such changes in the system may be
implemented only if the changes conform to
the requirements of paragraph (2).
(2) Restrictions on changes in system
Any change the President proposes to implement under paragraph (1) in the verification
system must be designed in a manner so the
verification system, as so changed, meets the
following requirements:
(A) Reliable determination of identity
The system must be capable of reliably determining whether—
(i) a person with the identity claimed by
an employee or prospective employee is eligible to work, and
(ii) the employee or prospective employee is claiming the identity of another
individual.

Page 350

(B) Using of counterfeit-resistant documents
If the system requires that a document be
presented to or examined by an employer,
the document must be in a form which is resistant to counterfeiting and tampering.
(C) Limited use of system
Any personal information utilized by the
system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verify
that an individual is not an unauthorized
alien.
(D) Privacy of information
The system must protect the privacy and
security of personal information and identifiers utilized in the system.
(E) Limited denial of verification
A verification that an employee or prospective employee is eligible to be employed
in the United States may not be withheld or
revoked under the system for any reason
other than that the employee or prospective
employee is an unauthorized alien.
(F) Limited use for law enforcement purposes
The system may not be used for law enforcement purposes, other than for enforcement of this chapter or sections 1001, 1028,
1546, and 1621 of title 18.
(G) Restriction on use of new documents
If the system requires individuals to
present a new card or other document (designed specifically for use for this purpose)
at the time of hiring, recruitment, or referral, then such document may not be required
to be presented for any purpose other than
under this chapter (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18) nor
to be carried on one’s person.
(3) Notice to Congress before implementing
changes
(A) In general
The President may not implement any
change under paragraph (1) unless at least—
(i) 60 days,
(ii) one year, in the case of a major
change described in subparagraph (D)(iii),
or
(iii) two years, in the case of a major
change described in clause (i) or (ii) of subparagraph (D),
before the date of implementation of the
change, the President has prepared and
transmitted to the Committee on the Judiciary of the House of Representatives and to
the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to
make any change regarding social security
account number cards, the President shall
transmit to the Committee on Ways and
Means of the House of Representatives and
to the Committee on Finance of the Senate
a written report setting forth the proposed
change. The President promptly shall cause
to have printed in the Federal Register the

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TITLE 8—ALIENS AND NATIONALITY

substance of any major change (described in
subparagraph (D)) proposed and reported to
Congress.
(B) Contents of report
In any report under subparagraph (A) the
President shall include recommendations for
the establishment of civil and criminal sanctions for unauthorized use or disclosure of
the information or identifiers contained in
such system.
(C) Congressional review of major changes
(i) Hearings and review
The Committees on the Judiciary of the
House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of any
major change described in subparagraph
(D), shall hold hearings respecting the feasibility and desirability of implementing
such a change, and, within the two year
period before implementation, shall report
to their respective Houses findings on
whether or not such a change should be
implemented.
(ii) Congressional action
No major change may be implemented
unless the Congress specifically provides,
in an appropriations or other Act, for
funds for implementation of the change.
(D) Major changes defined
As used in this paragraph, the term
‘‘major change’’ means a change which
would—
(i) require an individual to present a new
card or other document (designed specifically for use for this purpose) at the time
of hiring, recruitment, or referral,
(ii) provide for a telephone verification
system under which an employer, recruiter, or referrer must transmit to a
Federal official information concerning
the immigration status of prospective employees and the official transmits to the
person, and the person must record, a verification code, or
(iii) require any change in any card used
for accounting purposes under the Social
Security Act [42 U.S.C. 301 et seq.], including any change requiring that the only social security account number cards which
may be presented in order to comply with
subsection (b)(1)(C)(i) of this section are
such cards as are in a counterfeit-resistant
form consistent with the second sentence
of section 205(c)(2)(D) of the Social Security Act [42 U.S.C. 405(c)(2)(D)].
(E) General revenue funding of social security card changes
Any costs incurred in developing and implementing any change described in subparagraph (D)(iii) for purposes of this subsection
shall not be paid for out of any trust fund established under the Social Security Act [42
U.S.C. 301 et seq.].
(4) Demonstration projects
(A) Authority
The President may undertake demonstration projects (consistent with paragraph (2))

§ 1324a

of different changes in the requirements of
subsection (b) of this section. No such
project may extend over a period of longer
than five years.
(B) Reports on projects
The President shall report to the Congress
on the results of demonstration projects
conducted under this paragraph.
(e) Compliance
(1) Complaints and investigations
The Attorney General shall establish procedures—
(A) for individuals and entities to file written, signed complaints respecting potential
violations of subsection (a) or (g)(1) of this
section,
(B) for the investigation of those complaints which, on their face, have a substantial probability of validity,
(C) for the investigation of such other violations of subsection (a) or (g)(1) of this section as the Attorney General determines to
be appropriate, and
(D) for the designation in the Service of a
unit which has, as its primary duty, the
prosecution of cases of violations of subsection (a) or (g)(1) of this section under this
subsection.
(2) Authority in investigations
In conducting investigations and hearings
under this subsection—
(A) immigration officers and administrative law judges shall have reasonable access
to examine evidence of any person or entity
being investigated,
(B) administrative law judges, may, if necessary, compel by subpoena the attendance
of witnesses and the production of evidence
at any designated place or hearing, and
(C) immigration officers designated by the
Commissioner may compel by subpoena the
attendance of witnesses and the production
of evidence at any designated place prior to
the filing of a complaint in a case under
paragraph (2).
In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph
and upon application of the Attorney General,
an appropriate district court of the United
States may issue an order requiring compliance with such subpoena and any failure to
obey such order may be punished by such
court as a contempt thereof.
(3) Hearing
(A) In general
Before imposing an order described in
paragraph (4), (5), or (6) against a person or
entity under this subsection for a violation
of subsection (a) or (g)(1) of this section, the
Attorney General shall provide the person or
entity with notice and, upon request made
within a reasonable time (of not less than 30
days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation.
(B) Conduct of hearing
Any hearing so requested shall be conducted before an administrative law judge.

§ 1324a

TITLE 8—ALIENS AND NATIONALITY

The hearing shall be conducted in accordance with the requirements of section 554 of
title 5. The hearing shall be held at the nearest practicable place to the place where the
person or entity resides or of the place where
the alleged violation occurred. If no hearing
is so requested, the Attorney General’s imposition of the order shall constitute a final
and unappealable order.
(C) Issuance of orders
If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity
named in the complaint has violated subsection (a) or (g)(1) of this section, the administrative law judge shall state his findings of fact and issue and cause to be served
on such person or entity an order described
in paragraph (4), (5), or (6).
(4) Cease and desist order with civil money
penalty for hiring, recruiting, and referral
violations
With respect to a violation of subsection
(a)(1)(A) or (a)(2) of this section, the order
under this subsection—
(A) shall require the person or entity to
cease and desist from such violations and to
pay a civil penalty in an amount of—
(i) not less than $250 and not more than
$2,000 for each unauthorized alien with respect to whom a violation of either such
subsection occurred,
(ii) not less than $2,000 and not more
than $5,000 for each such alien in the case
of a person or entity previously subject to
one order under this paragraph, or
(iii) not less than $3,000 and not more
than $10,000 for each such alien in the case
of a person or entity previously subject to
more than one order under this paragraph;
and
(B) may require the person or entity—
(i) to comply with the requirements of
subsection (b) of this section (or subsection (d) of this section if applicable)
with respect to individuals hired (or recruited or referred for employment for a
fee) during a period of up to three years,
and
(ii) to take such other remedial action as
is appropriate.
In applying this subsection in the case of a
person or entity composed of distinct, physically separate subdivisions each of which
provides separately for the hiring, recruiting, or referring for employment, without
reference to the practices of, and not under
the control of or common control with, another subdivision, each such subdivision
shall be considered a separate person or entity.
(5) Order for civil money penalty for paperwork violations
With respect to a violation of subsection
(a)(1)(B) of this section, the order under this
subsection shall require the person or entity
to pay a civil penalty in an amount of not less
than $100 and not more than $1,000 for each in-

Page 352

dividual with respect to whom such violation
occurred. In determining the amount of the
penalty, due consideration shall be given to
the size of the business of the employer being
charged, the good faith of the employer, the
seriousness of the violation, whether or not
the individual was an unauthorized alien, and
the history of previous violations.
(6) Order for prohibited indemnity bonds
With respect to a violation of subsection
(g)(1) of this section, the order under this subsection may provide for the remedy described
in subsection (g)(2) of this section.
(7) Administrative appellate review
The decision and order of an administrative
law judge shall become the final agency decision and order of the Attorney General unless
either (A) within 30 days, an official delegated
by regulation to exercise review authority
over the decision and order modifies or vacates the decision and order, or (B) within 30
days of the date of such a modification or vacation (or within 60 days of the date of decision and order of an administrative law judge
if not so modified or vacated) the decision and
order is referred to the Attorney General pursuant to regulations, in which case the decision and order of the Attorney General shall
become the final agency decision and order
under this subsection. The Attorney General
may not delegate the Attorney General’s authority under this paragraph to any entity
which has review authority over immigrationrelated matters.
(8) Judicial review
A person or entity adversely affected by a
final order respecting an assessment may,
within 45 days after the date the final order is
issued, file a petition in the Court of Appeals
for the appropriate circuit for review of the
order.
(9) Enforcement of orders
If a person or entity fails to comply with a
final order issued under this subsection
against the person or entity, the Attorney
General shall file a suit to seek compliance
with the order in any appropriate district
court of the United States. In any such suit,
the validity and appropriateness of the final
order shall not be subject to review.
(f) Criminal penalties and injunctions for pattern
or practice violations
(1) Criminal penalty
Any person or entity which engages in a pattern or practice of violations of subsection
(a)(1)(A) or (a)(2) of this section shall be fined
not more than $3,000 for each unauthorized
alien with respect to whom such a violation
occurs, imprisoned for not more than six
months for the entire pattern or practice, or
both, notwithstanding the provisions of any
other Federal law relating to fine levels.
(2) Enjoining of pattern or practice violations
Whenever the Attorney General has reasonable cause to believe that a person or entity is
engaged in a pattern or practice of employment, recruitment, or referral in violation of

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paragraph (1)(A) or (2) of subsection (a) of this
section, the Attorney General may bring a
civil action in the appropriate district court of
the United States requesting such relief, including a permanent or temporary injunction,
restraining order, or other order against the
person or entity, as the Attorney General
deems necessary.
(g) Prohibition of indemnity bonds
(1) Prohibition
It is unlawful for a person or other entity, in
the hiring, recruiting, or referring for employment of any individual, to require the individual to post a bond or security, to pay or agree
to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any
potential liability arising under this section
relating to such hiring, recruiting, or referring
of the individual.
(2) Civil penalty
Any person or entity which is determined,
after notice and opportunity for an administrative hearing under subsection (e) of this
section, to have violated paragraph (1) shall be
subject to a civil penalty of $1,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if
the employee cannot be located, to the general
fund of the Treasury.
(h) Miscellaneous provisions
(1) Documentation
In providing documentation or endorsement
of authorization of aliens (other than aliens
lawfully admitted for permanent residence)
authorized to be employed in the United
States, the Attorney General shall provide
that any limitations with respect to the period
or type of employment or employer shall be
conspicuously stated on the documentation or
endorsement.
(2) Preemption
The provisions of this section preempt any
State or local law imposing civil or criminal
sanctions (other than through licensing and
similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.
(3) Definition of unauthorized alien
As used in this section, the term ‘‘unauthorized alien’’ means, with respect to the employment of an alien at a particular time, that the
alien is not at that time either (A) an alien
lawfully admitted for permanent residence, or
(B) authorized to be so employed by this chapter or by the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 8, § 274A, as
added Pub. L. 99–603, title I, § 101(a)(1), Nov. 6,
1986, 100 Stat. 3360; amended Pub. L. 100–525,
§ 2(a)(1), Oct. 24, 1988, 102 Stat. 2609; Pub. L.
101–649, title V, §§ 521(a), 538(a), Nov. 29, 1990, 104
Stat. 5053, 5056; Pub. L. 102–232, title III,
§§ 306(b)(2), 309(b)(11), Dec. 12, 1991, 105 Stat. 1752,
1759; Pub. L. 103–416, title II, §§ 213, 219(z)(4), Oct.
25, 1994, 108 Stat. 4314, 4318; Pub. L. 104–208, div.
C, title III, § 379(a), title IV, §§ 411(a), 412(a)–(d),
416, Sept. 30, 1996, 110 Stat. 3009–649, 3009–666 to

§ 1324a

3009–669; Pub. L. 108–390, § 1(a), Oct. 30, 2004, 118
Stat. 2242.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b)(2), (5),
(d)(2)(F), (G), and (h)(3), 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.
The Social Security Act, referred to in subsec.
(d)(3)(D)(iii), (E), is act Aug. 14, 1935, ch. 531, 49 Stat.
620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
AMENDMENTS
2004—Subsec. (b)(1)(A). Pub. L. 108–390, § 1(a)(1), inserted ‘‘Such attestation may be manifested by either
a hand-written or an electronic signature.’’ before ‘‘A
person or entity has complied’’ in concluding provisions.
Subsec. (b)(2). Pub. L. 108–390, § 1(a)(2), inserted at end
‘‘Such attestation may be manifested by either a handwritten or an electronic signature.’’
Subsec. (b)(3). Pub. L. 108–390, § 1(a)(3), inserted ‘‘a
paper, microfiche, microfilm, or electronic version of’’
after ‘‘must retain’’ in introductory provisions.
1996—Subsec. (a)(6). Pub. L. 104–208, § 412(b), added par.
(6).
Subsec. (a)(7). Pub. L. 104–208, § 412(d), added par. (7).
Subsec. (b)(1)(B). Pub. L. 104–208, § 412(a)(1)(A), (B), redesignated cl. (v) as (ii), substituted ‘‘, alien registration card, or other document designated by the Attorney General, if the document’’ for ‘‘or other alien registration card, if the card’’ in introductory provisions
of that cl., and struck out former cls. (ii) to (iv) which
read as follows:
‘‘(ii) certificate of United States citizenship;
‘‘(iii) certificate of naturalization;
‘‘(iv) unexpired foreign passport, if the passport has
an appropriate, unexpired endorsement of the Attorney
General authorizing the individual’s employment in
the United States; or’’.
Subsec. (b)(1)(B)(ii). Pub. L. 104–208, § 412(a)(1)(C), in
subcl. (I), substituted ‘‘and’’ for ‘‘or’’ before ‘‘such
other personal’’ and struck out ‘‘and’’ at end, in subcl.
(II), substituted ‘‘, and’’ for the period at end, and
added subcl. (III).
Subsec. (b)(1)(C). Pub. L. 104–208, § 412(a)(2), inserted
‘‘or’’ at end of cl. (i), redesignated cl. (iii) as (ii), and
struck out former cl. (ii) which read as follows: ‘‘certificate of birth in the United States or establishing
United States nationality at birth, which certificate
the Attorney General finds, by regulation, to be acceptable for purposes of this section; or’’.
Subsec. (b)(1)(E). Pub. L. 104–208, § 412(a)(3), added subpar. (E).
Subsec. (b)(6). Pub. L. 104–208, § 411(a), added par. (6).
Subsec. (e)(2)(C). Pub. L. 104–208, § 416, added subpar.
(C).
Subsec. (e)(7). Pub. L. 104–208, § 379(a)(2), substituted
‘‘the final agency decision and order under this subsection’’ for ‘‘a final order under this subsection’’.
Pub. L. 104–208, § 379(a)(1), substituted ‘‘unless either
(A) within 30 days, an official delegated by regulation
to exercise review authority over the decision and
order modifies or vacates the decision and order, or (B)
within 30 days of the date of such a modification or vacation (or within 60 days of the date of decision and
order of an administrative law judge if not so modified
or vacated) the decision and order is referred to the Attorney General pursuant to regulations’’ for ‘‘unless,
within 30 days, the Attorney General modifies or vacates the decision and order’’.
Subsecs. (i) to (n). Pub. L. 104–208, § 412(c), struck out
subsec. (i) which provided effective dates for implemen-

§ 1324a

TITLE 8—ALIENS AND NATIONALITY

tation of this section, subsec. (j) which required General Accounting Office reports on implementation of
this section, subsec. (k) which established a taskforce
to review reports, subsec. (l) which provided a termination date for employer sanctions under this section
upon finding of widespread discrimination in implementing this section, and subsecs. (m) and (n) which
provided for expedited procedures in House of Representatives and Senate for considering resolutions to
approve findings in the reports.
1994—Subsec. (b)(3). Pub. L. 103–416, § 219(z)(4), made
technical correction to Pub. L. 102–232, § 306(b)(2). See
1991 Amendment note below.
Subsec. (d)(4)(A). Pub. L. 103–416, § 213, substituted
‘‘five’’ for ‘‘three’’ in second sentence.
1991—Subsec. (b)(1)(D)(ii). Pub. L. 102–232, § 309(b)(11),
substituted ‘‘clause (i)’’ for ‘‘clause (ii)’’.
Subsec. (b)(3). Pub. L. 102–232, § 306(b)(2), as amended
by Pub. L. 103–416, § 219(z)(4), made technical correction
to Pub. L. 101–649, § 538(a). See 1990 Amendment note
below.
1990—Subsec. (a)(1). Pub. L. 101–649, § 521(a), struck
out ‘‘to hire, or to recruit or refer for a fee, for employment in the United States’’ after ‘‘or other entity’’ in
introductory provisions, inserted ‘‘to hire, or to recruit
or refer for a fee, for employment in the United States’’
after ‘‘(A)’’ in subpar. (A), and inserted ‘‘(i) to hire for
employment in the United States an individual without
complying with the requirements of subsection (b) of
this section or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor
contractor (as defined in section 1802 of title 29), to
hire, or to recruit or refer for a fee, for employment in
the United States’’ after ‘‘(B)’’ in subpar. (B).
Subsec. (b)(3). Pub. L. 101–649, § 538(a), as amended by
Pub. L. 102–232, § 306(b)(2), as amended by Pub. L.
103–416, § 219(z)(4), inserted ‘‘, the Special Counsel for
Immigration-Related Unfair Employment Practices,’’
after ‘‘officers of the Service’’.
1988—Subsec. (b)(1)(A). Pub. L. 100–525, § 2(a)(1)(A),
substituted ‘‘the first sentence of this paragraph’’ for
‘‘such sentence’’ and ‘‘such another document’’ for
‘‘such a document’’.
Subsec. (d)(3)(D). Pub. L. 100–525, § 2(a)(1)(B), in heading substituted ‘‘defined’’ for ‘‘requiring two years notice and congressional review’’.
Subsec. (e)(1). Pub. L. 100–525, § 2(a)(1)(C)(i), inserted
reference to subsec. (g)(1) in three places.
Subsec. (e)(3). Pub. L. 100–525, § 2(a)(1)(C)(i), (ii), inserted reference to subsec. (g)(1) in two places and reference to par. (6) in two places.
Subsec. (e)(4)(A)(ii), (iii). Pub. L. 100–525, § 2(a)(1)(D),
substituted ‘‘paragraph’’ for ‘‘subparagraph’’.
Subsec. (e)(6) to (9). Pub. L. 100–525, § 2(a)(1)(C)(iii),
(iv), added par. (6) and redesignated former pars. (6) to
(8) as (7) to (9), respectively.
Subsec. (g)(2). Pub. L. 100–525, § 2(a)(1)(E), inserted reference to subsec. (e) of this section.
Subsec. (i)(3)(B)(iii). Pub. L. 100–525, § 2(a)(1)(F), substituted ‘‘an order’’ for ‘‘a order’’ and ‘‘subsection
(a)(1)(A) of this section’’ for ‘‘paragraph (1)(A)’’.
Subsec. (j)(1). Pub. L. 100–525, § 2(a)(1)(G), made technical amendment to provision of original act which was
translated as ‘‘November 6, 1986,’’ and struck out ‘‘of
the United States’’ after ‘‘Comptroller General’’.
Subsec. (j)(2). Pub. L. 100–525, § 2(a)(1)(H), substituted
‘‘this section’’ for ‘‘that section’’.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–390, § 1(b), Oct. 30, 2004, 118 Stat. 2242, provided that: ‘‘The amendments made by subsection (a)
[amending this section] shall take effect on the earlier
of—
‘‘(1) the date on which final regulations implementing such amendments take effect; or
‘‘(2) 180 days after the date of the enactment of this
Act [Oct. 30, 2004].’’
EFFECTIVE DATE OF 1996 AMENDMENT
Section 379(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)

Page 354

[amending this section and section 1324c of this title]
shall apply to orders issued on or after the date of the
enactment of this Act [Sept. 30, 1996].’’
Section 411(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to failures occurring on or
after the date of the enactment of this Act [Sept. 30,
1996].’’
Section 412(e) of div. C of Pub. L. 104–208, as amended
by Pub. L. 105–54, § 3(a), Oct. 6, 1997, 111 Stat. 1175; Pub.
L. 108–156, § 3(d), Dec. 3, 2003, 117 Stat. 1945, provided
that:
‘‘(1) The amendments made by subsection (a) [amending this section] shall apply with respect to hiring (or
recruitment or referral) occurring on or after such date
(not later than 18 months after the date of the enactment of this Act [Sept. 30, 1996]) as the Secretary of
Homeland Security shall designate.
‘‘(2) The amendment made by subsection (b) [amending this section] shall apply to individuals hired on or
after 60 days after the date of the enactment of this
Act.
‘‘(3) The amendment made by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act.
‘‘(4) The amendment made by subsection (d) [amending this section] applies to hiring occurring before, on,
or after the date of the enactment of this Act, but no
penalty shall be imposed under subsection (e) or (f) of
section 274A of the Immigration and Nationality Act
[subsecs. (e) and (f) of this section] for such hiring occurring before such date.’’
[Section 3(b) of Pub. L. 105–54 provided that: ‘‘The
amendment made by subsection (a) [amending section
412(e) of div. C of Pub. L. 104–208, set out above] shall
take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 [div. C of Pub. L. 104–208].’’]
EFFECTIVE DATE OF 1994 AMENDMENT
Section 219(z) of Pub. L. 103–416 provided that the
amendment made by subsec. (z)(4) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of
1991, Pub. L. 102–232.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 306(b)(2) 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
Section 521(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to recruiting and referring occurring on or after the date of the enactment of this Act
[Nov. 29, 1990].’’
Section 538(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of
this Act [Nov. 29, 1990].’’
EFFECTIVE DATE 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 a note under section 1101 of this title.
DATE OF ENACTMENT OF THIS SECTION FOR ALIENS
EMPLOYED UNDER SECTION 8704 OF TITLE 46, SHIPPING
Date of enactment of this section with respect to
aliens deemed employed under section 8704 of Title 46,
Shipping, as the date 180 days after Jan. 11, 1988, see
section 5(f)(3) of Pub. L. 100–239, set out as a Construction note under section 8704 of Title 46.

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TITLE 8—ALIENS AND NATIONALITY

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.
DELEGATION OF AUTHORITY
Memorandum of President of the United States, Feb.
10, 1992, 57 F.R. 24345, provided:
Memorandum for the Secretary of Health and Human
Services
Section 205(c)(2)(F) of the Social Security Act (section 405(c)(2)(F) of title 42 of the United States Code)
directs the Secretary of Health and Human Services to
issue Social Security number cards to individuals who
are assigned Social Security numbers.
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 274A(d)(3)(A) of the Immigration and Nationality Act (the ‘‘Act’’) (section
1324a(d)(3)(A) of title 8 of the United States Code) and
section 301 of title 3 of the United States Code, and in
order to provide for the delegation of certain functions
under the Act [8 U.S.C. 1101 et seq.], I hereby:
(1) Authorize you to prepare and transmit, to the
Committee on the Judiciary and the Committee on
Ways and Means of the House of Representatives and to
the Committee on the Judiciary and the Committee on
Finance of the Senate, a written report regarding the
substance of any proposed change in Social Security
number cards, to the extent required by section
274A(d)(3)(A) of the Act, and
(2) Authorize you to cause to have printed in the Federal Register the substance of any change in the Social
Security number card so proposed and reported to the
designated congressional committees, to the extent required by section 274A(d)(3)(A) of the Act.
The authority delegated by this memorandum may be
further redelegated within the Department of Health
and Human Services.
You are hereby authorized and directed to publish
this memorandum in the Federal Register.
GEORGE BUSH.
Authority of President under subsec. (d)(4) of this
section to undertake demonstration projects of different changes in requirements of employment verification system delegated to Attorney General by section
2 of Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, set
out as a note under section 301 of Title 3, The President.
PILOT PROGRAMS FOR EMPLOYMENT ELIGIBILITY
CONFIRMATION
Pub. L. 104–208, div. C, title IV, subtitle A, Sept. 30,
1996, 110 Stat. 3009–655, as amended by Pub. L. 107–128,
§ 2, Jan. 16, 2002, 115 Stat. 2407; Pub. L. 108–156, §§ 2, 3,
Dec. 3, 2003, 117 Stat. 1944; Pub. L. 111–83, title V, §§ 547,
551, Oct. 28, 2009, 123 Stat. 2177, provided that:
‘‘SEC. 401. ESTABLISHMENT OF PROGRAMS.
‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall conduct 3 pilot programs of employment eligibility confirmation under this subtitle.
‘‘(b) IMPLEMENTATION DEADLINE; TERMINATION.—The
Secretary of Homeland Security shall implement the
pilot programs in a manner that permits persons and
other entities to have elections under section 402 of
this division made and in effect no later than 1 year
after the date of the enactment of this Act [Sept. 30,
1996]. Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot
program on September 30, 2012.
‘‘(c) SCOPE OF OPERATION OF PILOT PROGRAMS.—The
Secretary of Homeland Security shall provide for the
operation—
‘‘(1) of the E-Verify Program (described in section
403(a) of this division) in, at a minimum, 5 of the 7

§ 1324a

States with the highest estimated population of
aliens who are not lawfully present in the United
States, and the Secretary of Homeland Security shall
expand the operation of the program to all 50 States
not later than December 1, 2004;
‘‘(2) of the citizen attestation pilot program (described in section 403(b) of this division) in at least 5
States (or, if fewer, all of the States) that meet the
condition described in section 403(b)(2)(A) of this division; and
‘‘(3) of the machine-readable-document pilot program (described in section 403(c) of this division) in
at least 5 States (or, if fewer, all of the States) that
meet the condition described in section 403(c)(2) of
this division.
‘‘(d) REFERENCES IN SUBTITLE.—In this subtitle—
‘‘(1) PILOT PROGRAM REFERENCES.—The terms ‘program’ or ‘pilot program’ refer to any of the 3 pilot
programs provided for under this subtitle.
‘‘(2) CONFIRMATION SYSTEM.—The term ‘confirmation system’ means the confirmation system established under section 404 of this division.
‘‘(3) REFERENCES TO SECTION 274A.—Any reference in
this subtitle to section 274A (or a subdivision of such
section) is deemed a reference to such section (or subdivision thereof) of the Immigration and Nationality
Act [8 U.S.C. 1324a].
‘‘(4) I–9 OR SIMILAR FORM.—The term ‘I–9 or similar
form’ means the form used for purposes of section
274A(b)(1)(A) or such other form as the Secretary of
Homeland Security determines to be appropriate.
‘‘(5) LIMITED APPLICATION TO RECRUITERS AND REFERRERS.—Any reference to recruitment or referral (or a
recruiter or referrer) in relation to employment is
deemed a reference only to such recruitment or referral (or recruiter or referrer) that is subject to section
274A(a)(1)(B)(ii).
‘‘(6) UNITED STATES CITIZENSHIP.—The term ‘United
States citizenship’ includes United States nationality.
‘‘(7) STATE.—The term ‘State’ has the meaning
given such term in section 101(a)(36) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(36)].
‘‘SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE
IN A PILOT PROGRAM.
‘‘(a) VOLUNTARY ELECTION.—Subject to subsection
(c)(3)(B), any person or other entity that conducts any
hiring (or recruitment or referral) in a State in which
a pilot program is operating may elect to participate in
that pilot program. Except as specifically provided in
subsection (e), the Secretary of Homeland Security
may not require any person or other entity to participate in a pilot program.
‘‘(b) BENEFIT OF REBUTTABLE PRESUMPTION.—
‘‘(1) IN GENERAL.—If a person or other entity is participating in a pilot program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program
with respect to the hiring (or recruitment or referral)
of an individual for employment in the United States,
the person or entity has established a rebuttable presumption that the person or entity has not violated
section 274A(a)(1)(A) with respect to such hiring (or
such recruitment or referral).
‘‘(2) CONSTRUCTION.—Paragraph (1) shall not be construed as preventing a person or other entity that has
an election in effect under subsection (a) from establishing an affirmative defense under section
274A(a)(3) if the person or entity complies with the
requirements of section 274A(a)(1)(B) but fails to obtain confirmation under paragraph (1).
‘‘(c) GENERAL TERMS OF ELECTIONS.—
‘‘(1) IN GENERAL.—An election under subsection (a)
shall be in such form and manner, under such terms
and conditions, and shall take effect, as the Secretary of Homeland Security shall specify. The Secretary of Homeland Security may not impose any fee
as a condition of making an election or participating
in a pilot program.

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TITLE 8—ALIENS AND NATIONALITY

‘‘(2) SCOPE OF ELECTION.—
‘‘(A) IN GENERAL.—Subject to paragraph (3), any
electing person or other entity may provide that
the election under subsection (a) shall apply (during the period in which the election is in effect)—
‘‘(i) to all its hiring (and all recruitment or referral) in the State (or States) in which the pilot
program is operating, or
‘‘(ii) to its hiring (or recruitment or referral) in
one or more pilot program States or one or more
places of hiring (or recruitment or referral, as the
case may be) in the pilot program States.
‘‘(B) APPLICATION OF PROGRAMS IN NON-PILOT PROGRAM STATES.—In addition, the Secretary of Homeland Security may permit a person or entity electing the citizen attestation pilot program (described
in 403(b) of this division) or the machine-readabledocument pilot program (described in section 403(c)
of this division) to provide that the election applies
to its hiring (or recruitment or referral) in one or
more States or places of hiring (or recruitment or
referral) in which the pilot program is not otherwise operating but only if such States meet the requirements of 403(b)(2)(A) and 403(c)(2) of this division, respectively.
‘‘(3) TERMINATION OF ELECTIONS.—The Secretary of
Homeland Security may terminate an election by a
person or other entity under this section because the
person or entity has substantially failed to comply
with its obligations under the pilot program. A person or other entity may terminate an election in
such form and manner as the Secretary of Homeland
Security shall specify.
‘‘(d) CONSULTATION, EDUCATION, AND PUBLICITY.—
‘‘(1) CONSULTATION.—The Secretary of Homeland
Security shall closely consult with representatives of
employers (and recruiters and referrers) in the development and implementation of the pilot programs,
including the education of employers (and recruiters
and referrers) about such programs.
‘‘(2) PUBLICITY.—The Secretary of Homeland Security shall widely publicize the election process and
pilot programs, including the voluntary nature of the
pilot programs and the advantages to employers (and
recruiters and referrers) of making an election under
this section.
‘‘(3) ASSISTANCE THROUGH DISTRICT OFFICES.—The
Secretary of Homeland Security shall designate one
or more individuals in each District office of the Immigration and Naturalization Service for a Service
District in which a pilot program is being implemented—
‘‘(A) to inform persons and other entities that
seek information about pilot programs of the voluntary nature of such programs, and
‘‘(B) to assist persons and other entities in electing and participating in any pilot programs in effect in the District, in complying with the requirements of section 274A, and in facilitating confirmation of the identity and employment eligibility of
individuals consistent with such section.
‘‘(e) SELECT ENTITIES REQUIRED TO PARTICIPATE IN A
PILOT PROGRAM.—
‘‘(1) FEDERAL GOVERNMENT.—
‘‘(A) EXECUTIVE DEPARTMENTS.—
‘‘(i) IN GENERAL.—Each Department of the Federal Government shall elect to participate in a
pilot program and shall comply with the terms
and conditions of such an election.
‘‘(ii) ELECTION.—Subject to clause (iii), the Secretary of each such Department—
‘‘(I) shall elect the pilot program (or programs) in which the Department shall participate, and
‘‘(II) may limit the election to hiring occurring in certain States (or geographic areas) covered by the program (or programs) and in specified divisions within the Department, so long as
all hiring by such divisions and in such locations is covered.

Page 356

‘‘(iii) ROLE OF SECRETARY OF HOMELAND SECURITY.—The Secretary of Homeland Security shall
assist and coordinate elections under this subparagraph in such manner as assures that—
‘‘(I) a significant portion of the total hiring
within each Department within States covered
by a pilot program is covered under such a program, and
‘‘(II) there is significant participation by the
Federal Executive branch in each of the pilot
programs.
‘‘(B) LEGISLATIVE BRANCH.—Each Member of Congress, each officer of Congress, and the head of each
agency of the legislative branch, that conducts hiring in a State in which a pilot program is operating
shall elect to participate in a pilot program, may
specify which pilot program or programs (if there is
more than one) in which the Member, officer, or
agency will participate, and shall comply with the
terms and conditions of such an election.
‘‘(2) APPLICATION TO CERTAIN VIOLATORS.—An order
under section 274A(e)(4) or section 274B(g) of the Immigration and Nationality Act [8 U.S.C. 1324a(e)(4),
1324b(g)] may require the subject of the order to participate in, and comply with the terms of, a pilot program with respect to the subject’s hiring (or recruitment or referral) of individuals in a State covered by
such a program.
‘‘(3) CONSEQUENCE OF FAILURE TO PARTICIPATE.—If a
person or other entity is required under this subsection to participate in a pilot program and fails to
comply with the requirements of such program with
respect to an individual—
‘‘(A) such failure shall be treated as a violation of
section 274A(a)(1)(B) with respect to that individual, and
‘‘(B) a rebuttable presumption is created that the
person or entity has violated section 274A(a)(1)(A).
Subparagraph (B) shall not apply in any prosecution
under section 274A(f)(1).
‘‘(f) CONSTRUCTION.—This subtitle shall not affect the
authority of the Secretary of Homeland Security under
any other law (including section 274A(d)(4)) to conduct
demonstration projects in relation to section 274A.
‘‘SEC. 403. PROCEDURES FOR PARTICIPANTS IN
PILOT PROGRAMS.
‘‘(a) E-VERIFY PROGRAM.—A person or other entity
that elects to participate in the E-Verify Program described in this subsection agrees to conform to the following procedures in the case of the hiring (or recruitment or referral) for employment in the United States
of each individual covered by the election:
‘‘(1) PROVISION OF ADDITIONAL INFORMATION.—The
person or entity shall obtain from the individual (and
the individual shall provide) and shall record on the
I–9 or similar form—
‘‘(A) the individual’s social security account number, if the individual has been issued such a number, and
‘‘(B) if the individual does not attest to United
States citizenship under section 274A(b)(2), such
identification or authorization number established
by the Immigration and Naturalization Service for
the alien as the Secretary of Homeland Security
shall specify,
and shall retain the original form and make it available for inspection for the period and in the manner
required of I–9 forms under section 274A(b)(3).
‘‘(2) PRESENTATION OF DOCUMENTATION.—
‘‘(A) IN GENERAL.—The person or other entity, and
the individual whose identity and employment eligibility are being confirmed, shall, subject to subparagraph (B), fulfill the requirements of section
274A(b) with the following modifications:
‘‘(i) A document referred to in section
274A(b)(1)(B)(ii) (as redesignated by section 412(a)
of this division) must be designated by the Secretary of Homeland Security as suitable for the
purpose of identification in a pilot program.

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TITLE 8—ALIENS AND NATIONALITY

‘‘(ii) A document referred to in section
274A(b)(1)(D) must contain a photograph of the individual.
‘‘(iii) The person or other entity has complied
with the requirements of section 274A(b)(1) with
respect to examination of a document if the document reasonably appears on its face to be genuine
and it reasonably appears to pertain to the individual whose identity and work eligibility is
being confirmed.
‘‘(B) LIMITATION OF REQUIREMENT TO EXAMINE DOCUMENTATION.—If the Secretary of Homeland Security finds that a pilot program would reliably determine with respect to an individual whether—
‘‘(i) the person with the identity claimed by the
individual is authorized to work in the United
States, and
‘‘(ii) the individual is claiming the identity of
another person,
if a person or entity could fulfill the requirement to
examine documentation contained in subparagraph
(A) of section 274A(b)(1) by examining a document
specified in either subparagraph (B) or (D) of such
section, the Secretary of Homeland Security may
provide that, for purposes of such requirement, only
such a document need be examined. In such case,
any reference in section 274A(b)(1)(A) to a verification that an individual is not an unauthorized alien
shall be deemed to be a verification of the individual’s identity.
‘‘(3) SEEKING CONFIRMATION.—
‘‘(A) IN GENERAL.—The person or other entity
shall make an inquiry, as provided in section
404(a)(1) of this division, using the confirmation
system to seek confirmation of the identity and
employment eligibility of an individual, by not
later than the end of 3 working days (as specified by
the Secretary of Homeland Security) after the date
of the hiring (or recruitment or referral, as the case
may be).
‘‘(B) EXTENSION OF TIME PERIOD.—If the person or
other entity in good faith attempts to make an inquiry during such 3 working days and the confirmation system has registered that not all inquiries
were received during such time, the person or entity can make an inquiry in the first subsequent
working day in which the confirmation system registers that it has received all inquiries. If the confirmation system cannot receive inquiries at all
times during a day, the person or entity merely has
to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply
to such an inquiry, and does not have to provide
any additional proof concerning such inquiry.
‘‘(4) CONFIRMATION OR NONCONFIRMATION.—
‘‘(A) CONFIRMATION UPON INITIAL INQUIRY.—If the
person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the confirmation system within the
time period specified under section 404(b) of this division, the person or entity shall record on the I–9
or similar form an appropriate code that is provided
under the system and that indicates a final confirmation of such identity and work eligibility of
the individual.
‘‘(B) NONCONFIRMATION UPON INITIAL INQUIRY AND
SECONDARY VERIFICATION.—
‘‘(i) NONCONFIRMATION.—If the person or other
entity receives a tentative nonconfirmation of an
individual’s identity or work eligibility under the
confirmation system within the time period specified under 404(b) of this division, the person or
entity shall so inform the individual for whom
the confirmation is sought.
‘‘(ii) NO CONTEST.—If the individual does not
contest the nonconfirmation within the time period specified in section 404(c) of this division, the
nonconfirmation shall be considered final. The
person or entity shall then record on the I–9 or
similar form an appropriate code which has been

§ 1324a

provided under the system to indicate a tentative
nonconfirmation.
‘‘(iii) CONTEST.—If the individual does contest
the nonconfirmation, the individual shall utilize
the process for secondary verification provided
under section 404(c) of this division. The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the
confirmation system within the time period specified in such section. In no case shall an employer
terminate employment of an individual because
of a failure of the individual to have identity and
work eligibility confirmed under this section
until a nonconfirmation becomes final. Nothing
in this clause shall apply to a termination of employment for any reason other than because of
such a failure.
‘‘(iv) RECORDING OF CONCLUSION ON FORM.—If a
final confirmation or nonconfirmation is provided
by the confirmation system under section 404(c)
of this division regarding an individual, the person or entity shall record on the I–9 or similar
form an appropriate code that is provided under
the system and that indicates a confirmation or
nonconfirmation of identity and work eligibility
of the individual.
‘‘(C) CONSEQUENCES OF NONCONFIRMATION.—
‘‘(i) TERMINATION OR NOTIFICATION OF CONTINUED
EMPLOYMENT.—If the person or other entity has
received a final nonconfirmation regarding an individual under subparagraph (B), the person or
entity may terminate employment (or recruitment or referral) of the individual. If the person
or entity does not terminate employment (or recruitment or referral) of the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the confirmation system or in such other manner as the Secretary of Homeland Security may specify.
‘‘(ii) FAILURE TO NOTIFY.—If the person or entity
fails to provide notice with respect to an individual as required under clause (i), the failure is
deemed to constitute a violation of section
274A(a)(1)(B) with respect to that individual and
the applicable civil monetary penalty under section 274A(e)(5) shall be (notwithstanding the
amounts specified in such section) no less than
$500 and no more than $1,000 for each individual
with respect to whom such violation occurred.
‘‘(iii) CONTINUED EMPLOYMENT AFTER FINAL NONCONFIRMATION.—If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person
or entity has violated section 274A(a)(1)(A). The
previous sentence shall not apply in any prosecution under section 274A(f)(1).
‘‘(b) CITIZEN ATTESTATION PILOT PROGRAM.—
‘‘(1) IN GENERAL.—Except as provided in paragraphs
(3) through (5), the procedures applicable under the
citizen attestation pilot program under this subsection shall be the same procedures as those under
the E-Verify Program under subsection (a).
‘‘(2) RESTRICTIONS.—
‘‘(A) STATE DOCUMENT REQUIREMENT TO PARTICIPATE IN PILOT PROGRAM.—The Secretary of Homeland Security may not provide for the operation of
the citizen attestation pilot program in a State unless each driver’s license or similar identification
document described in section 274A(b)(1)(D)(i) issued by the State—
‘‘(i) contains a photograph of the individual involved, and
‘‘(ii) has been determined by the Secretary of
Homeland Security to have security features, and
to have been issued through application and issuance procedures, which make such document sufficiently resistant to counterfeiting, tampering,
and fraudulent use that it is a reliable means of
identification for purposes of this section.

§ 1324a

TITLE 8—ALIENS AND NATIONALITY

‘‘(B) AUTHORIZATION TO LIMIT EMPLOYER PARTICIPATION.—The Secretary of Homeland Security may
restrict the number of persons or other entities
that may elect to participate in the citizen attestation pilot program under this subsection as the Secretary of Homeland Security determines to be necessary to produce a representative sample of employers and to reduce the potential impact of fraud.
‘‘(3) NO CONFIRMATION REQUIRED FOR CERTAIN INDIVIDUALS ATTESTING TO U.S. CITIZENSHIP.—In the case
of a person or other entity hiring (or recruiting or referring) an individual under the citizen attestation
pilot program, if the individual attests to United
States citizenship (under penalty of perjury on an I–9
or similar form which form states on its face the
criminal and other penalties provided under law for a
false representation of United States citizenship)—
‘‘(A) the person or entity may fulfill the requirement to examine documentation contained in subparagraph (A) of section 274A(b)(1) by examining a
document specified in either subparagraph (B)(i) or
(D) of such section; and
‘‘(B) the person or other entity is not required to
comply with respect to such individual with the
procedures described in paragraphs (3) and (4) of
subsection (a), but only if the person or entity retains the form and makes it available for inspection
in the same manner as in the case of an I–9 form
under section 274A(b)(3).
‘‘(4) WAIVER OF DOCUMENT PRESENTATION REQUIREMENT IN CERTAIN CASES.—
‘‘(A) IN GENERAL.—In the case of a person or entity that elects, in a manner specified by the Secretary of Homeland Security consistent with subparagraph (B), to participate in the pilot program
under this paragraph, if an individual being hired
(or recruited or referred) attests (in the manner described in paragraph (3)) to United States citizenship and the person or entity retains the form on
which the attestation is made and makes it available for inspection in the same manner as in the
case of an I–9 form under section 274A(b)(3), the person or entity is not required to comply with the
procedures described in section 274A(b).
‘‘(B) RESTRICTION.—The Secretary of Homeland
Security shall restrict the election under this paragraph to no more than 1,000 employers and, to the
extent practicable, shall select among employers
seeking to make such election in a manner that
provides for such an election by a representative
sample of employers.
‘‘(5) NONREVIEWABLE DETERMINATIONS.—The determinations of the Secretary of Homeland Security
under paragraphs (2) and (4) are within the discretion
of the Secretary of Homeland Security and are not
subject to judicial or administrative review.
‘‘(c) MACHINE-READABLE-DOCUMENT PILOT PROGRAM.—
‘‘(1) IN GENERAL.—Except as provided in paragraph
(3), the procedures applicable under the machinereadable-document pilot program under this subsection shall be the same procedures as those under
the E-Verify Program under subsection (a).
‘‘(2) STATE DOCUMENT REQUIREMENT TO PARTICIPATE
IN PILOT PROGRAM.—The Secretary of Homeland Security may not provide for the operation of the machine-readable-document pilot program in a State
unless driver’s licenses and similar identification
documents described in section 274A(b)(1)(D)(i) issued
by the State include a machine-readable social security account number.
‘‘(3) USE OF MACHINE-READABLE DOCUMENTS.—If the
individual whose identity and employment eligibility
must be confirmed presents to the person or entity
hiring (or recruiting or referring) the individual a license or other document described in paragraph (2)
that includes a machine-readable social security account number, the person or entity must make an inquiry through the confirmation system by using a
machine-readable feature of such document. If the individual does not attest to United States citizenship

Page 358

under section 274A(b)(2), the individual’s identification or authorization number described in subsection
(a)(1)(B) shall be provided as part of the inquiry.
‘‘(d) PROTECTION FROM LIABILITY FOR ACTIONS TAKEN
ON THE BASIS OF INFORMATION PROVIDED BY THE CONFIRMATION SYSTEM.—No person or entity participating
in a pilot program shall be civilly or criminally liable
under any law for any action taken in good faith reliance on information provided through the confirmation
system.
‘‘SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall establish a pilot program confirmation system through which the Secretary of Homeland Security
(or a designee of the Secretary of Homeland Security,
which may be a nongovernmental entity)—
‘‘(1) responds to inquiries made by electing persons
and other entities (including those made by the
transmittal of data from machine-readable documents under the machine-readable pilot program) at
any time through a toll-free telephone line or other
toll-free electronic media concerning an individual’s
identity and whether the individual is authorized to
be employed, and
‘‘(2) maintains records of the inquiries that were
made, of confirmations provided (or not provided),
and of the codes provided to inquirers as evidence of
their compliance with their obligations under the
pilot programs.
To the extent practicable, the Secretary of Homeland
Security shall seek to establish such a system using
one or more nongovernmental entities.
‘‘(b) INITIAL RESPONSE.—The confirmation system
shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility within 3 working days of the initial inquiry. If
providing confirmation or tentative nonconfirmation,
the confirmation system shall provide an appropriate
code indicating such confirmation or such nonconfirmation.
‘‘(c) SECONDARY VERIFICATION PROCESS IN CASE OF
TENTATIVE NONCONFIRMATION.—In cases of tentative
nonconfirmation, the Secretary of Homeland Security
shall specify, in consultation with the Commissioner of
Social Security and the Commissioner of the Immigration and Naturalization Service, an available secondary
verification process to confirm the validity of information provided and to provide a final confirmation or
nonconfirmation within 10 working days after the date
of the tentative nonconfirmation. When final confirmation or nonconfirmation is provided, the confirmation
system shall provide an appropriate code indicating
such confirmation or nonconfirmation.
‘‘(d) DESIGN AND OPERATION OF SYSTEM.—The confirmation system shall be designed and operated—
‘‘(1) to maximize its reliability and ease of use by
persons and other entities making elections under
section 402(a) of this division consistent with insulating and protecting the privacy and security of the underlying information;
‘‘(2) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when
such inquiries are not received;
‘‘(3) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of personal information; and
‘‘(4) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices
based on national origin or citizenship status, including—
‘‘(A) the selective or unauthorized use of the system to verify eligibility;
‘‘(B) the use of the system prior to an offer of employment; or
‘‘(C) the exclusion of certain individuals from
consideration for employment as a result of a perceived likelihood that additional verification will

Page 359

TITLE 8—ALIENS AND NATIONALITY

be required, beyond what is required for most job
applicants.
‘‘(e) RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL
SECURITY.—As part of the confirmation system, the
Commissioner of Social Security, in consultation with
the entity responsible for administration of the system,
shall establish a reliable, secure method, which, within
the time periods specified under subsections (b) and (c),
compares the name and social security account number
provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not
confirm) the validity of the information provided regarding an individual whose identity and employment
eligibility must be confirmed, the correspondence of
the name and number, and whether the individual has
presented a social security account number that is not
valid for employment. The Commissioner shall not disclose or release social security information (other than
such confirmation or nonconfirmation).
‘‘(f) RESPONSIBILITIES OF THE COMMISSIONER OF THE
IMMIGRATION AND NATURALIZATION SERVICE.—As part of
the confirmation system, the Commissioner of the Immigration and Naturalization Service, in consultation
with the entity responsible for administration of the
system, shall establish a reliable, secure method,
which, within the time periods specified under subsections (b) and (c), compares the name and alien identification or authorization number described in section
403(a)(1)(B) of this division which are provided in an inquiry against such information maintained by the
Commissioner in order to confirm (or not confirm) the
validity of the information provided, the correspondence of the name and number, and whether the alien is
authorized to be employed in the United States.
‘‘(g) UPDATING INFORMATION.—The Commissioners of
Social Security and the Immigration and Naturalization Service shall update their information in a manner that promotes the maximum accuracy and shall
provide a process for the prompt correction of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in subsection (c).
‘‘(h) LIMITATION ON USE OF THE CONFIRMATION SYSTEM
AND ANY RELATED SYSTEMS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, nothing in this subtitle shall be construed to permit or allow any department, bureau, or
other agency of the United States Government to utilize any information, data base, or other records assembled under this subtitle for any other purpose
other than as provided for under this subtitle.
‘‘(2) NO NATIONAL IDENTIFICATION CARD.—Nothing in
this subtitle shall be construed to authorize, directly
or indirectly, the issuance or use of national identification cards or the establishment of a national
identification card.
‘‘SEC. 405. REPORTS.
‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate reports on the pilot programs within 3 months after the
end of the third and fourth years in which the programs
are in effect. Such reports shall—
‘‘(1) assess the degree of fraudulent attesting of
United States citizenship,
‘‘(2) include recommendations on whether or not
the pilot programs should be continued or modified,
and
‘‘(3) assess the benefits of the pilot programs to employers and the degree to which they assist in the enforcement of section 274A.
‘‘(b) REPORT ON EXPANSION.—Not later than June 1,
2004, the Secretary of Homeland Security shall submit
to the Committees on the Judiciary of the House of
Representatives and the Senate a report—
‘‘(1) evaluating whether the problems identified by
the report submitted under subsection (a) have been
substantially resolved; and
‘‘(2) describing what actions the Secretary of Homeland Security shall take before undertaking the ex-

§ 1324a

pansion of the E-Verify Program to all 50 States in
accordance with section 401(c)(1), in order to resolve
any outstanding problems raised in the report filed
under subsection (a).’’
[Pub. L. 110–329, div. A, § 143, Sept. 30, 2008, 122 Stat.
3580, as amended by Pub. L. 111–8, div. J, § 101, Mar. 11,
2009, 123 Stat. 988, provided that: ‘‘Section 401(b) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208] (8 U.S.C. 1324a note)
shall be applied by substituting [‘]September 30, 2009[’]
for ‘the 11-year period beginning on the first day the
pilot program is in effect’.’’]
[Pub. L. 107–128, § 3, Jan. 16, 2002, 115 Stat. 2407, provided that: ‘‘The amendment made by this Act [amending section 401(b) of Pub. L. 104–208, set out above] shall
take effect on the date of the enactment of this Act
[Jan. 16, 2002].’’]
REPORT ON ADDITIONAL AUTHORITY OR RESOURCES
NEEDED FOR ENFORCEMENT OF EMPLOYER SANCTIONS
PROVISIONS
Pub. L. 104–208, div. C, title IV, § 413(a), Sept. 30, 1996,
110 Stat. 3009–668, as amended by Pub. L. 108–156, § 3(d),
Dec. 3, 2003, 117 Stat. 1945, provided that not later than
1 year after Sept. 30, 1996, the Secretary of Homeland
Security was to submit to the Committees on the Judiciary of the House of Representatives and of the Senate
a report on any additional authority or resources needed by the Immigration and Naturalization Service in
order to enforce section 1324a of this title, or by Federal agencies in order to carry out Ex. Ord. No. 12989,
set out below, and to expand the restrictions in such
order to cover agricultural subsidies, grants, job training programs, and other Federally subsidized assistance
programs.
PILOT PROJECTS FOR SECURE DOCUMENTS
Pub. L. 101–238, § 5, Dec. 18, 1989, 103 Stat. 2104, provided that:
‘‘(a) CONSULTATION.—Before June 1, 1991, the Attorney
General shall consult with State governments on any
proper State initiative to improve the security of State
or local documents which would satisfy the requirements of section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a). The result of such consultations shall be reported, before September 1, 1991,
to the Committees on the Judiciary of the Senate and
House of Representatives of the United States.
‘‘(b) ASSISTANCE FOR STATE INITIATIVES.—After such
consultation described in subsection (a), the Attorney
General shall make grants to, and enter into contracts
with (to such extent or in such amounts as are provided
in an appropriation Act), the State of California and at
least 2 other States with large immigrant populations
to promote any State initiatives to improve the security of State or local documents which would satisfy
the requirements of section 274A(b)(1) of the Immigration and Nationality Act [8 U.S.C. 1324a(b)(1)].
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Attorney General
$10,000,000 for fiscal year 1992 to carry out subsection
(b).
‘‘(d) REPORT REQUIRED.—The Attorney General shall
report to the Committees on the Judiciary of the Senate and House of Representatives not later than August
1, 1993, on the security of State or local documents
which would satisfy the requirements of section
274A(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1324a), and any improvements in such documents
that have occurred as a result of this section.’’
INTERIM REGULATIONS
Section 101(a)(2) of Pub. L. 99–603 provided that: ‘‘The
Attorney General shall, not later than the first day of
the seventh month beginning after the date of the enactment of this Act [Nov. 6, 1986], first issue, on an interim or other basis, such regulations as may be necessary in order to implement this section [enacting this
section, amending sections 1802, 1813, 1816, and 1851 of

§ 1324a

TITLE 8—ALIENS AND NATIONALITY

Title 29, Labor, and enacting provisions set out as
notes under this section, section 1802 of Title 29, and
section 405 of Title 42, The Public Health and Welfare].’’
GRANDFATHER PROVISION FOR CURRENT EMPLOYEES
Section 101(a)(3) of Pub. L. 99–603 provided that:
‘‘(A) Section 274A(a)(1) of the Immigration and Nationality Act [8 U.S.C. 1324a(a)(1)] shall not apply to
the hiring, or recruiting or referring of an individual
for employment which has occurred before the date of
the enactment of this Act [Nov. 6, 1986].
‘‘(B) Section 274A(a)(2) of the Immigration and Nationality Act shall not apply to continuing employment of an alien who was hired before the date of the
enactment of this Act.’’
STUDY OF USE OF TELEPHONE
FOR DETERMINING EMPLOYMENT

VERIFICATION SYSTEM
ELIGIBILITY OF ALIENS

Section 101(d) of Pub. L. 99–603 provided that:
‘‘(1) The Attorney General, in consultation with the
Secretary of Labor and the Secretary of Health and
Human Services, shall conduct a study for use by the
Department of Justice in determining employment eligibility of aliens in the United States. Such study shall
concentrate on those data bases that are currently
available to the Federal Government which through
the use of a telephone and computation capability
could be used to verify instantly the employment eligibility status of job applicants who are aliens.
‘‘(2) Such study shall be conducted in conjunction
with any existing Federal program which is designed
for the purpose of providing information on the resident or employment status of aliens for employers. The
study shall include an analysis of costs and benefits
which shows the differences in costs and efficiency of
having the Federal Government or a contractor perform this service. Such comparisons should include reference to such technical capabilities as processing
techniques and time, verification techniques and time,
back up safeguards, and audit trail performance.
‘‘(3) Such study shall also concentrate on methods of
phone verification which demonstrate the best safety
and service standards, the least burden for the employer, the best capability for effective enforcement,
and procedures which are within the boundaries of the
Privacy Act of 1974 [5 U.S.C. 552a, 552a note].
‘‘(4) Such study shall be conducted within twelve
months of the date of enactment of this Act [Nov. 6,
1986].
‘‘(5) The Attorney General shall prepare and transmit
to the Congress a report—
‘‘(A) not later than six months after the date of enactment of this Act, describing the status of such
study; and
‘‘(B) not later than twelve months after such date,
setting forth the findings of such study.’’
FEASIBILITY STUDY OF SOCIAL SECURITY NUMBER
VALIDATION SYSTEM
Section 101(e) of Pub. L. 99–603 provided that: ‘‘The
Secretary of Health and Human Services, acting
through the Social Security Administration and in cooperation with the Attorney General and the Secretary
of Labor, shall conduct a study of the feasibility and
costs of establishing a social security number validation system to assist in carrying out the purposes of
section 274A of the Immigration and Nationality Act [8
U.S.C. 1324a], and of the privacy concerns that would be
raised by the establishment of such a system. The Secretary shall submit to the Committees on Ways and
Means and Judiciary of the House of Representatives
and to the Committees on Finance and Judiciary of the
Senate, within 2 years after the date of the enactment
of this Act [Nov. 6, 1986], a full and complete report on
the results of the study together with such recommendations as may be appropriate.’’
REPORTS ON UNAUTHORIZED ALIEN EMPLOYMENT
Section 402 of Pub. L. 99–603 provided that: ‘‘The
President shall transmit to Congress annual reports on

Page 360

the implementation of section 274A of the Immigration
and Nationality Act [8 U.S.C. 1324a] (relating to unlawful employment of aliens) during the first three years
after its implementation. Each report shall include—
‘‘(1) an analysis of the adequacy of the employment
verification system provided under subsection (b) of
that section;
‘‘(2) a description of the status of the development
and implementation of changes in that system under
subsection (d) of that section, including the results of
any demonstration projects conducted under paragraph (4) of such subsection; and
‘‘(3) an analysis of the impact of the enforcement of
that section on—
‘‘(A) the employment, wages, and working conditions of United States workers and on the economy
of the United States,
‘‘(B) the number of aliens entering the United
States illegally or who fail to maintain legal status
after entry, and
‘‘(C) the violation of terms and conditions of nonimmigrant visas by foreign visitors.’’
[Functions of President under section 402 of Pub. L.
99–603 delegated to Secretary of Homeland Security, except functions in section 402(3)(A) which were delegated
to Secretary of Labor, by sections 1(b) and 2(a) of Ex.
Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, as amended,
set out as a note under section 1364 of this title.]
EX. ORD. NO. 12989. ECONOMY AND EFFICIENCY IN GOVERNMENT PROCUREMENT THROUGH COMPLIANCE WITH
CERTAIN IMMIGRATION AND NATIONALITY ACT PROVISIONS AND USE OF AN ELECTRONIC EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM
Ex. Ord. No. 12989, Feb. 13, 1996, 61 F.R. 6091, as
amended by Ex. Ord. No. 13286, § 19, Feb. 28, 2003, 68 F.R.
10623; Ex. Ord. No. 13465, §§ 1–6, June 6, 2008, 73 F.R.
33285–33287, provided:
This order is designed to promote economy and efficiency in Federal Government procurement. Stability
and dependability are important elements of economy
and efficiency. A contractor whose workforce is less
stable will be less likely to produce goods and services
economically and efficiently than a contractor whose
workforce is more stable. It is the policy of the executive branch to enforce fully the immigration laws of
the United States, including the detection and removal
of illegal aliens and the imposition of legal sanctions
against employers that hire illegal aliens. Because of
the worksite enforcement policy of the United States
and the underlying obligation of the executive branch
to enforce the immigration laws, contractors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such
contractors inevitably will have a less stable and less
dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal
aliens to work on Federal contracts, the enforcement of
Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal contracting. Such contractors are less dependable procurement sources, even if they do not knowingly hire or
knowingly continue to employ unauthorized workers.
Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face
immigration enforcement actions, because they are
less likely to employ unauthorized workers, and they
are therefore generally more efficient and dependable
procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce. It is the policy of the executive branch to use an electronic employment verification system because, among other reasons, it provides
the best available means to confirm the identity and
work eligibility of all employees that join the Federal
workforce. Private employers that choose to contract
with the Federal Government should meet the same
standard.
I find, therefore, that adherence to the general policy
of contracting only with providers that do not know-

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TITLE 8—ALIENS AND NATIONALITY

ingly employ unauthorized alien workers and that have
agreed to utilize an electronic employment verification
system designated by the Secretary of Homeland Security to confirm the employment eligibility of their
workforce will promote economy and efficiency in Federal procurement.
NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me
as President by the Constitution and the laws of the
United States of America, including subsection 121(a)
of title 40 and section 301 of title 3, United States Code,
it is hereby ordered as follows:
SECTION 1. (a) It is the policy of the executive branch
in procuring goods and services that, to ensure the economical and efficient administration and completion of
Federal Government contracts, contracting agencies
should not contract with employers that have not complied with section 274A(a)(1)(A) and 274A(a)(2) of the
Immigration
and
Nationality
Act
(8
U.S.C.
1324a(a)(1)(A), 1324a(a)(2)) (the ‘‘INA employment provisions’’) prohibiting the unlawful employment of aliens.
(b) It is the policy of the executive branch in procuring goods and services that, to ensure the economical
and efficient administration and completion of Federal
Government contracts, contracting agencies may not
enter into contracts with employers that do not use the
best available means to confirm the work authorization
of their workforce.
(c) It is the policy of the executive branch to enforce
fully the antidiscrimination provisions of the INA.
Nothing in this order relieves employers of antidiscrimination obligations under section 274B of the
INA (8 U.S.C. 1324b) or any other law.
(d) All discretion under this order shall be exercised
consistent with the policies set forth in this section.
SEC. 2. Contractor, as used in this Executive order,
shall have the same meaning as defined in subpart 9.4
of the Federal Acquisition Regulation.
SEC. 3. Using the procedures established pursuant to
8 U.S.C. 1324a(e): (a) the Secretary of Homeland Security may investigate to determine whether a contractor or an organizational unit thereof is not in compliance with the INA employment provisions;
(b) the Secretary of Homeland Security shall receive
and may investigate complaints by employees of any
entity covered under section 3(a) of this order where
such complaints allege noncompliance with the INA
employment provisions; and
(c) the Attorney General shall hold such hearings as
are required under 8 U.S.C. 1324a(e) to determine
whether an entity covered under section 3(a) is not in
compliance with the INA employment provisions.
SEC. 4. (a) Whenever the Secretary of Homeland Security or the Attorney General determines that a contractor or an organizational unit thereof is not in compliance with the INA employment provisions, the Secretary of Homeland Security or the Attorney General
shall transmit that determination to the appropriate
contracting agency and such other Federal agencies as
the Secretary of Homeland Security or the Attorney
General may determine. Upon receipt of such determination from the Secretary of Homeland Security or
the Attorney General, the head of the appropriate contracting agency shall consider the contractor or an organizational unit thereof for debarment as well as for
such other action as may be appropriate in accordance
with the procedures and standards prescribed by the
Federal Acquisition Regulation.
(b) The head of the contracting agency may debar the
contractor or an organizational unit thereof based on
the determination of the Secretary of Homeland Security or the Attorney General that it is not in compliance with the INA employment provisions. Such determination shall not be reviewable in the debarment proceedings.
(c) The scope of the debarment generally should be
limited to those organizational units of a Federal contractor that the Secretary of Homeland Security or the
Attorney General finds are not in compliance with the
INA employment provisions.

§ 1324a

(d) The period of the debarment shall be for 1 year
and may be extended for additional periods of 1 year if,
using the procedures established pursuant to 8 U.S.C.
1324a(e), the Secretary of Homeland Security or the Attorney General determines that the organizational unit
of the Federal contractor continues to be in violation
of the INA employment provisions.
(e) The Administrator of General Services shall list a
debarred contractor or an organizational unit thereof
on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs and the contractor or an organizational unit thereof shall be ineligible
to participate in any procurement or nonprocurement
activities.
SEC. 5. (a) Executive departments and agencies that
enter into contracts shall require, as a condition of
each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired
during the contract term by the contractor to perform
employment duties within the United States; and (ii)
all persons assigned by the contractor to perform work
within the United States on the Federal contract.
(b) The Secretary of Homeland Security:
(i) shall administer, maintain, and modify as necessary and appropriate the electronic employment eligibility verification system designated by the Secretary under subsection (a) of this section; and
(ii) may establish with respect to such electronic employment verification system:
(A) terms and conditions for use of the system; and
(B) procedures for monitoring the use, failure to
use, or improper use of the system.
(c) The Secretary of Defense, the Administrator of
General Services, and the Administrator of the National Aeronautics and Space Administration shall
amend the Federal Acquisition Regulation to the extent necessary and appropriate to implement the debarment responsibility, the employment eligibility verification responsibility, and other related responsibilities assigned to heads of departments and agencies
under this order.
(d) Except to the extent otherwise specified by law or
this order, the Secretary of Homeland Security and the
Attorney General:
(i) shall administer and enforce this order; and
(ii) may, after consultation to the extent appropriate
with the Secretary of Defense, the Secretary of Labor,
the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement
Policy, and the heads of such other departments or
agencies as may be appropriate, issue such rules, regulations, or orders, or establish such requirements, as
may be necessary and appropriate to implement this
order.
SEC. 6. Each contracting department and agency shall
cooperate with and provide such information and assistance to the Secretary of Homeland Security and the
Attorney General as may be required in the performance of their respective functions under this order.
SEC. 7. The Secretary of Homeland Security, the Attorney General, the Secretary of Defense, the Administrator of General Services, the Administrator of the
National Aeronautics and Space Administration, and
the heads of contracting departments and agencies may
delegate any of their functions or duties under this
order to any officer or employee of their respective departments or agencies.
SEC. 8. (a) This order shall be implemented in a manner intended to minimize the burden on participants in
the Federal procurement process.
(b) This order shall be implemented in a manner consistent with the protection of intelligence and law enforcement sources, methods, and activities from unauthorized disclosure.
SEC. 9. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof; or

§ 1324b

TITLE 8—ALIENS AND NATIONALITY

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or
legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the
United States, its departments, agencies or entities, its
officers, employees, or agents, or any other person.

§ 1324b. Unfair immigration-related employment
practices
(a) Prohibition of discrimination based on national origin or citizenship status
(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to
discriminate against any individual (other
than an unauthorized alien, as defined in section 1324a(h)(3) of this title) with respect to
the hiring, or recruitment or referral for a fee,
of the individual for employment or the discharging of the individual from employment—
(A) because of such individual’s national
origin, or
(B) in the case of a protected individual (as
defined in paragraph (3)), because of such individual’s citizenship status.
(2) Exceptions
Paragraph (1) shall not apply to—
(A) a person or other entity that employs
three or fewer employees,
(B) a person’s or entity’s discrimination
because of an individual’s national origin if
the discrimination with respect to that person or entity and that individual is covered
under section 703 of the Civil Rights Act of
1964 [42 U.S.C. 2000e–2], or
(C) discrimination because of citizenship
status which is otherwise required in order
to comply with law, regulation, or executive
order, or required by Federal, State, or local
government contract, or which the Attorney
General determines to be essential for an
employer to do business with an agency or
department of the Federal, State, or local
government.
(3) ‘‘Protected individual’’ defined
As used in paragraph (1), the term ‘‘protected individual’’ means an individual who—
(A) is a citizen or national of the United
States, or
(B) is an alien who is lawfully admitted for
permanent residence, is granted the status
of an alien lawfully admitted for temporary
residence under section 1160(a) or 1255a(a)(1)
of this title, is admitted as a refugee under
section 1157 of this title, or is granted asylum under section 1158 of this title; but does
not include (i) an alien who fails to apply for
naturalization within six months of the date
the alien first becomes eligible (by virtue of
period of lawful permanent residence) to
apply for naturalization or, if later, within
six months after November 6, 1986, and (ii)
an alien who has applied on a timely basis,
but has not been naturalized as a citizen
within 2 years after the date of the applica-

Page 362

tion, unless the alien can establish that the
alien is actively pursuing naturalization, except that time consumed in the Service’s
processing the application shall not be
counted toward the 2-year period.
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this
section, it is not an unfair immigration-related employment practice for a person or other
entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the
United States over another individual who is
an alien if the two individuals are equally
qualified.
(5) Prohibition of intimidation or retaliation
It is also an unfair immigration-related employment practice for a person or other entity
to intimidate, threaten, coerce, or retaliate
against any individual for the purpose of
interfering with any right or privilege secured
under this section or because the individual
intends to file or has filed a charge or a complaint, testified, assisted, or participated in
any manner in an investigation, proceeding, or
hearing under this section. An individual so
intimidated, threatened, coerced, or retaliated
against shall be considered, for purposes of
subsections (d) and (g) of this section, to have
been discriminated against.
(6) Treatment of certain documentary practices as employment practices
A person’s or other entity’s request, for purposes of satisfying the requirements of section
1324a(b) of this title, for more or different documents than are required under such section
or refusing to honor documents tendered that
on their face reasonably appear to be genuine
shall be treated as an unfair immigration-related employment practice if made for the
purpose or with the intent of discriminating
against an individual in violation of paragraph
(1).
(b) Charges of violations
(1) In general
Except as provided in paragraph (2), any person alleging that the person is adversely affected directly by an unfair immigration-related employment practice (or a person on
that person’s behalf) or an officer of the Service alleging that an unfair immigration-related employment practice has occurred or is occurring may file a charge respecting such
practice or violation with the Special Counsel
(appointed under subsection (c) of this section). Charges shall be in writing under oath
or affirmation and shall contain such information as the Attorney General requires. The
Special Counsel by certified mail shall serve a
notice of the charge (including the date, place,
and circumstances of the alleged unfair immigration-related employment practice) on the
person or entity involved within 10 days.
(2) No overlap with EEOC complaints
No charge may be filed respecting an unfair
immigration-related employment practice described in subsection (a)(1)(A) of this section if

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TITLE 8—ALIENS AND NATIONALITY

a charge with respect to that practice based on
the same set of facts has been filed with the
Equal Employment Opportunity Commission
under title VII of the Civil Rights Act of 1964
[42 U.S.C. 2000e et seq.], unless the charge is
dismissed as being outside the scope of such
title. No charge respecting an employment
practice may be filed with the Equal Employment Opportunity Commission under such
title if a charge with respect to such practice
based on the same set of facts has been filed
under this subsection, unless the charge is dismissed under this section as being outside the
scope of this section.
(c) Special Counsel
(1) Appointment
The President shall appoint, by and with the
advice and consent of the Senate, a Special
Counsel for Immigration-Related Unfair Employment Practices (hereinafter in this section referred to as the ‘‘Special Counsel’’)
within the Department of Justice to serve for
a term of four years. In the case of a vacancy
in the office of the Special Counsel the President may designate the officer or employee
who shall act as Special Counsel during such
vacancy.
(2) Duties
The Special Counsel shall be responsible for
investigation of charges and issuance of complaints under this section and in respect of the
prosecution of all such complaints before administrative law judges and the exercise of
certain functions under subsection (j)(1) of
this section.
(3) Compensation
The Special Counsel is entitled to receive
compensation at a rate not to exceed the rate
now or hereafter provided for grade GS–17 of
the General Schedule, under section 5332 of
title 5.
(4) Regional offices
The Special Counsel, in accordance with regulations of the Attorney General, shall establish such regional offices as may be necessary
to carry out his duties.
(d) Investigation of charges
(1) By Special Counsel
The Special Counsel shall investigate each
charge received and, within 120 days of the
date of the receipt of the charge, determine
whether or not there is reasonable cause to believe that the charge is true and whether or
not to bring a complaint with respect to the
charge before an administrative law judge.
The Special Counsel may, on his own initiative, conduct investigations respecting unfair
immigration-related employment practices
and, based on such an investigation and subject to paragraph (3), file a complaint before
such a judge.
(2) Private actions
If the Special Counsel, after receiving such a
charge respecting an unfair immigration-related employment practice which alleges
knowing and intentional discriminatory activ-

§ 1324b

ity or a pattern or practice of discriminatory
activity, has not filed a complaint before an
administrative law judge with respect to such
charge within such 120-day period, the Special
Counsel shall notify the person making the
charge of the determination not to file such a
complaint during such period and the person
making the charge may (subject to paragraph
(3)) file a complaint directly before such a
judge within 90 days after the date of receipt
of the notice. The Special Counsel’s failure to
file such a complaint within such 120-day period shall not affect the right of the Special
Counsel to investigate the charge or to bring
a complaint before an administrative law
judge during such 90-day period.
(3) Time limitations on complaints
No complaint may be filed respecting any
unfair immigration-related employment practice occurring more than 180 days prior to the
date of the filing of the charge with the Special Counsel. This subparagraph shall not prevent the subsequent amending of a charge or
complaint under subsection (e)(1) of this section.
(e) Hearings
(1) Notice
Whenever a complaint is made that a person
or entity has engaged in or is engaging in any
such unfair immigration-related employment
practice, an administrative law judge shall
have power to issue and cause to be served
upon such person or entity a copy of the complaint and a notice of hearing before the judge
at a place therein fixed, not less than five days
after the serving of the complaint. Any such
complaint may be amended by the judge conducting the hearing, upon the motion of the
party filing the complaint, in the judge’s discretion at any time prior to the issuance of an
order based thereon. The person or entity so
complained of shall have the right to file an
answer to the original or amended complaint
and to appear in person or otherwise and give
testimony at the place and time fixed in the
complaint.
(2) Judges hearing cases
Hearings on complaints under this subsection shall be considered before administrative law judges who are specially designated
by the Attorney General as having special
training respecting employment discrimination and, to the extent practicable, before
such judges who only consider cases under this
section.
(3) Complainant as party
Any person filing a charge with the Special
Counsel respecting an unfair immigration-related employment practice shall be considered
a party to any complaint before an administrative law judge respecting such practice and
any subsequent appeal respecting that complaint. In the discretion of the judge conducting the hearing, any other person may be allowed to intervene in the proceeding and to
present testimony.

§ 1324b

TITLE 8—ALIENS AND NATIONALITY

(f) Testimony and authority of hearing officers
(1) Testimony
The testimony taken by the administrative
law judge shall be reduced to writing. Thereafter, the judge, in his discretion, upon notice
may provide for the taking of further testimony or hear argument.
(2) Authority of administrative law judges
In conducting investigations and hearings
under this subsection 1 and in accordance with
regulations of the Attorney General, the Special Counsel and administrative law judges
shall have reasonable access to examine evidence of any person or entity being investigated. The administrative law judges by subpoena may compel the attendance of witnesses
and the production of evidence at any designated place or hearing. In case of contumacy
or refusal to obey a subpoena lawfully issued
under this paragraph and upon application of
the administrative law judge, an appropriate
district court of the United States may issue
an order requiring compliance with such subpoena and any failure to obey such order may
be punished by such court as a contempt
thereof.
(g) Determinations
(1) Order
The administrative law judge shall issue and
cause to be served on the parties to the proceeding an order, which shall be final unless
appealed as provided under subsection (i) of
this section.
(2) Orders finding violations
(A) In general
If, upon the preponderance of the evidence,
an administrative law judge determines that
any person or entity named in the complaint
has engaged in or is engaging in any such
unfair
immigration-related
employment
practice, then the judge shall state his findings of fact and shall issue and cause to be
served on such person or entity an order
which requires such person or entity to
cease and desist from such unfair immigration-related employment practice.
(B) Contents of order
Such an order also may require the person
or entity—
(i) to comply with the requirements of
section 1324a(b) of this title with respect to
individuals hired (or recruited or referred
for employment for a fee) during a period
of up to three years;
(ii) to retain for the period referred to in
clause (i) and only for purposes consistent
with section 1324a(b)(5) of this title, the
name and address of each individual who
applies, in person or in writing, for hiring
for an existing position, or for recruiting
or referring for a fee, for employment in
the United States;
(iii) to hire individuals directly and adversely affected, with or without back pay;
(iv)(I) except as provided in subclauses
(II) through (IV), to pay a civil penalty of
1 So

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

Page 364

not less than $250 and not more than $2,000
for each individual discriminated against,
(II) except as provided in subclauses (III)
and (IV), in the case of a person or entity
previously subject to a single order under
this paragraph, to pay a civil penalty of
not less than $2,000 and not more than
$5,000 for each individual discriminated
against,
(III) except as provided in subclause (IV),
in the case of a person or entity previously
subject to more than one order under this
paragraph, to pay a civil penalty of not
less than $3,000 and not more than $10,000
for each individual discriminated against,
and
(IV) in the case of an unfair immigration-related employment practice described in subsection (a)(6) of this section,
to pay a civil penalty of not less than $100
and not more than $1,000 for each individual discriminated against;
(v) to post notices to employees about
their rights under this section and employers’ obligations under section 1324a of this
title;
(vi) to educate all personnel involved in
hiring and complying with this section or
section 1324a of this title about the requirements of this section or such section;
(vii) to remove (in an appropriate case) a
false performance review or false warning
from an employee’s personnel file; and
(viii) to lift (in an appropriate case) any
restrictions on an employee’s assignments,
work shifts, or movements.
(C) Limitation on back pay remedy
In providing a remedy under subparagraph
(B)(iii), back pay liability shall not accrue
from a date more than two years prior to the
date of the filing of a charge with the Special Counsel. Interim earnings or amounts
earnable with reasonable diligence by the individual or individuals discriminated against
shall operate to reduce the back pay otherwise allowable under such paragraph. No
order shall require the hiring of an individual as an employee or the payment to an individual of any back pay, if the individual
was refused employment for any reason
other than discrimination on account of national origin or citizenship status.
(D) Treatment of distinct entities
In applying this subsection in the case of a
person or entity composed of distinct, physically separate subdivisions each of which
provides separately for the hiring, recruiting, or referring for employment, without
reference to the practices of, and not under
the control of or common control with, another subdivision, each such subdivision
shall be considered a separate person or entity.
(3) Orders not finding violations
If upon the preponderance of the evidence an
administrative law judge determines that the
person or entity named in the complaint has
not engaged and is not engaging in any such
unfair immigration-related employment prac-

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TITLE 8—ALIENS AND NATIONALITY

tice, then the judge shall state his findings of
fact and shall issue an order dismissing the
complaint.
(h) Awarding of attorney’s fees
In any complaint respecting an unfair immigration-related employment practice, an administrative law judge, in the judge’s discretion,
may allow a prevailing party, other than the
United States, a reasonable attorney’s fee, if the
losing party’s argument is without reasonable
foundation in law and fact.
(i) Review of final orders
(1) In general
Not later than 60 days after the entry of
such final order, any person aggrieved by such
final order may seek a review of such order in
the United States court of appeals for the circuit in which the violation is alleged to have
occurred or in which the employer resides or
transacts business.
(2) Further review
Upon the filing of the record with the court,
the jurisdiction of the court shall be exclusive
and its judgment shall be final, except that
the same shall be subject to review by the Supreme Court of the United States upon writ of
certiorari or certification as provided in section 1254 of title 28.
(j) Court enforcement of administrative orders
(1) In general
If an order of the agency is not appealed
under subsection (i)(1) of this section, the Special Counsel (or, if the Special Counsel fails to
act, the person filing the charge) may petition
the United States district court for the district in which a violation of the order is alleged to have occurred, or in which the respondent resides or transacts business, for the
enforcement of the order of the administrative
law judge, by filing in such court a written petition praying that such order be enforced.
(2) Court enforcement order
Upon the filing of such petition, the court
shall have jurisdiction to make and enter a decree enforcing the order of the administrative
law judge. In such a proceeding, the order of
the administrative law judge shall not be subject to review.
(3) Enforcement decree in original review
If, upon appeal of an order under subsection
(i)(1) of this section, the United States court
of appeals does not reverse such order, such
court shall have the jurisdiction to make and
enter a decree enforcing the order of the administrative law judge.
(4) Awarding of attorney’s fees
In any judicial proceeding under subsection
(i) of this section or this subsection, the court,
in its discretion, may allow a prevailing party,
other than the United States, a reasonable attorney’s fee as part of costs but only if the losing party’s argument is without reasonable
foundation in law and fact.
(k) Termination dates
(1) This section shall not apply to discrimination in hiring, recruiting, or referring, or dis-

§ 1324b

charging of individuals occurring after the date
of any termination of the provisions of section
1324a of this title, under subsection (l) 2 of that
section.
(2) The provisions of this section shall terminate 30 calendar days after receipt of the last report required to be transmitted under section
1324a(j) 2 of this title if—
(A) the Comptroller General determines, and
so reports in such report that—
(i) no significant discrimination has resulted, against citizens or nationals of the
United States or against any eligible workers seeking employment, from the implementation of section 1324a of this title, or
(ii) such section has created an unreasonable burden on employers hiring such workers; and
(B) there has been enacted, within such period of 30 calendar days, a joint resolution
stating in substance that the Congress approves the findings of the Comptroller General
contained in such report.
The provisions of subsections (m) and (n) 2 of
section 1324a of this title shall apply to any
joint resolution under subparagraph (B) in the
same manner as they apply to a joint resolution
under subsection (l) 2 of such section.
(l) Dissemination of information concerning antidiscrimination provisions
(1) Not later than 3 months after November 29,
1990, the Special Counsel, in cooperation with
the chairman of the Equal Employment Opportunity Commission, the Secretary of Labor, and
the Administrator of the Small Business Administration, shall conduct a campaign to disseminate information respecting the rights and remedies prescribed under this section and under
title VII of the Civil Rights Act of 1964 [42 U.S.C.
2000e et seq.] in connection with unfair immigration-related employment practices. Such campaign shall be aimed at increasing the knowledge of employers, employees, and the general
public concerning employer and employee
rights, responsibilities, and remedies under this
section and such title.
(2) In order to carry out the campaign under
this subsection, the Special Counsel—
(A) may, to the extent deemed appropriate
and subject to the availability of appropriations, contract with public and private organizations for outreach activities under the campaign, and
(B) shall consult with the Secretary of
Labor, the chairman of the Equal Employment
Opportunity Commission, and the heads of
such other agencies as may be appropriate.
(3) There are authorized to be appropriated to
carry out this subsection $10,000,000 for each fiscal year (beginning with fiscal year 1991).
(June 27, 1952, ch. 477, title II, ch. 8, § 274B, as
added Pub. L. 99–603, title I, § 102(a), Nov. 6, 1986,
100 Stat. 3374; amended Pub. L. 100–525, § 2(b),
Oct. 24, 1988, 102 Stat. 2610; Pub. L. 101–649, title
V, §§ 531, 532(a), 533(a), 534(a), 535(a), 536(a), 537(a),
539(a), Nov. 29, 1990, 104 Stat. 5054–5056; Pub. L.
2 See

References in Text note below.

§ 1324b

TITLE 8—ALIENS AND NATIONALITY

102–232, title III, § 306(b)(1), (3), (c)(1), Dec. 12,
1991, 105 Stat. 1752; Pub. L. 103–416, title II,
§ 219(q), Oct. 25, 1994, 108 Stat. 4317; Pub. L.
104–208, div. C, title IV, § 421(a), title VI,
§ 671(d)(1)(B), Sept. 30, 1996, 110 Stat. 3009–670,
3009–723.)
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsecs.
(b)(2) and (l)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat.
241, as amended. Title VII of the Civil Rights Act of
1964 is classified generally to subchapter VI (§ 2000e et
seq.) of chapter 21 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 2000a
of Title 42 and Tables.
Subsections (j), (l), (m), and (n) of section 1324a of this
title, referred to in subsec. (k), were repealed by Pub.
L. 104–208, div. C, title IV, § 412(c), Sept. 30, 1996, 110
Stat. 3009–668.
AMENDMENTS
1996—Subsec. (a)(3)(B). Pub. L. 104–208, § 671(d)(1)(B),
struck out ‘‘, 1161(a),’’ after ‘‘section 1160(a)’’.
Subsec. (a)(6). Pub. L. 104–208, § 421(a), substituted ‘‘A
person’s’’ for ‘‘For purposes of paragraph (1), a person’s’’ and ‘‘if made for the purpose or with the intent
of discriminating against an individual in violation of
paragraph (1)’’ for ‘‘relating to the hiring of individuals’’.
1994—Subsec. (g)(2)(C). Pub. L. 103–416 substituted
‘‘the Special Counsel’’ for ‘‘an administrative law
judge’’ in first sentence.
1991—Subsec.
(g)(2)(B)(iv)(II).
Pub.
L.
102–232,
§ 306(b)(1), substituted ‘‘subclauses (III) and (IV)’’ for
‘‘subclause (IV)’’.
Subsec. (g)(2)(B)(iv)(IV). Pub. L. 102–232, § 306(b)(3)(A),
substituted a semicolon for period at end.
Subsec. (g)(2)(B)(v), (vi). Pub. L. 102–232, § 306(b)(3)(B),
substituted semicolons for commas at end.
Subsec. (g)(2)(B)(vii). Pub. L. 102–232, § 306(b)(3)(C),
(D), substituted a semicolon for comma at end and ‘‘to
remove (in an appropriate case)’’ for ‘‘to order (in an
appropriate case) the removal of’’.
Subsec. (g)(2)(B)(viii). Pub. L. 102–232, § 306(b)(3)(E),
substituted ‘‘to lift (in an appropriate case)’’ for ‘‘to
order (in an appropriate case) the lifting of’’.
Subsec. (g)(2)(D). Pub. L. 102–232, § 306(c)(1), substituted ‘‘physically’’ for ‘‘physicially’’.
1990—Subsec. (a)(1)(B). Pub. L. 101–649, § 533(a)(1), substituted ‘‘protected individual’’ for ‘‘citizen or intending citizen’’.
Subsec. (a)(3). Pub. L. 101–649, § 533(a)(2), (3), in heading and text substituted ‘‘protected individual’’ for
‘‘citizen or intending citizen’’.
Subsec. (a)(3)(B). Pub. L. 101–649, § 533(a)(4), substituted ‘‘is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section
1160(a), 1161(a), or 1255a(a)(1) of this title, is admitted as
a refugee under section 1157 of this title, or is granted
asylum under section 1158 of this title; but does not’’
for ‘‘is an alien who—
‘‘(i) is lawfully admitted for permanent residence,
is granted the status of an alien lawfully admitted for
temporary residence under section 1160(a), 1161(a), or
1255a(a)(1) of this title, is admitted as a refugee under
section 1157 of this title, or is granted asylum under
section 1158 of this title, and
‘‘(ii) evidences an intention to become a citizen of
the United States through completing a declaration
of intention to become a citizen;
but does not’’, and in closing provisions substituted
‘‘(i)’’ and ‘‘(ii)’’ for ‘‘(I)’’ and ‘‘(II)’’, respectively.
Pub. L. 101–649, § 532(a), inserted reference to sections
1160(a) and 1161(a) of this title in cl. (i).
Subsec. (a)(5). Pub. L. 101–649, § 534(a), added par. (5).
Subsec. (a)(6). Pub. L. 101–649, § 535(a), added par. (6).
Subsec. (d)(2). Pub. L. 101–649, § 537(a), inserted ‘‘the
Special Counsel shall notify the person making the

Page 366

charge of the determination not to file such a complaint during such period and’’ after ‘‘120-day period,’’,
inserted ‘‘within 90 days after the date of receipt of the
notice’’ before period at end, and inserted at end ‘‘The
Special Counsel’s failure to file such a complaint within such 120-day period shall not affect the right of the
Special Counsel to investigate the charge or to bring a
complaint before an administrative law judge during
such 90-day period.’’
Subsec. (g)(2)(B)(iii). Pub. L. 101–649, § 539(a)(1), struck
out ‘‘and’’ at end.
Subsec. (g)(2)(B)(iv). Pub. L. 101–649, § 539(a)(2), which
directed the substitution of a comma for the period at
end of cl. (iv)(II), could not be executed because of the
general amendment of cl. (iv) by Pub. L. 101–649,
§ 536(a), see below.
Pub. L. 101–649, § 536(a), amended cl. (iv) generally.
Prior to amendment, cl. (iv) read as follows:
‘‘(I) except as provided in subclause (II), to pay a civil
penalty of not more than $1,000 for each individual discriminated against, and
‘‘(II) in the case of a person or entity previously subject to such an order, to pay a civil penalty of not more
than $2,000 for each individual discriminated against.’’
Subsec. (g)(2)(B)(v) to (viii). Pub. L. 101–649, § 539(a)(3),
added cls. (v) to (viii).
Subsec. (l). Pub. L. 101–649, § 531, added subsec. (l).
1988—Subsec. (a)(1). Pub. L. 100–525, § 2(b)(1), inserted
reference to section 1324a(h)(3) of this title.
Subsec. (e)(3). Pub. L. 100–525, § 2(b)(2), struck out
‘‘said’’ before ‘‘proceeding’’.
Subsec. (g)(2)(A). Pub. L. 100–525, § 2(b)(3), substituted
‘‘that’’ for ‘‘that that’’.
Subsec. (g)(2)(B)(ii). Pub. L. 100–525, § 2(b)(4), substituted ‘‘1324a’’ for ‘‘1324’’.
Subsec. (g)(3). Pub. L. 100–525, § 2(b)(5), substituted
‘‘engaged and’’ for ‘‘engaged or’’.
Subsec. (h). Pub. L. 100–525, § 2(b)(6), substituted ‘‘attorney’s’’ for ‘‘attorneys’ ’’ in heading.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 421(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending this section] shall apply to requests made on
or after the date of the enactment of this Act [Sept. 30,
1996].’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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
Section 532(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to actions occurring on or after the
date of the enactment of this Act [Nov. 29, 1990].’’
Section 533(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to unfair immigration-related employment practices occurring before, on, or after the
date of the enactment of this Act [Nov. 29, 1990].’’
Section 534(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to actions occurring on or after the
date of the enactment of this Act [Nov. 29, 1990].’’
Section 535(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of
this Act [Nov. 29, 1990], but shall apply to actions occurring on or after such date.’’
Section 536(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this section [amending this sec-

Page 367

TITLE 8—ALIENS AND NATIONALITY

tion] shall apply to unfair immigration-related employment practices occurring after the date of the enactment of this Act [Nov. 29, 1990].’’
Section 537(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to charges received on or after the
date of the enactment of this Act [Nov. 29, 1990].’’
Section 539(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to orders with respect to unfair immigration-related employment practices occurring on
or after the date of the enactment of this Act [Nov. 29,
1990].’’
EFFECTIVE DATE 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 a note under section 1101 of this title.
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.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
NO EFFECT ON EEOC AUTHORITY
Section 102(b) of Pub. L. 99–603 provided that: ‘‘Except
as may be specifically provided in this section, nothing
in this section shall be construed to restrict the authority of the Equal Employment Opportunity Commission to investigate allegations, in writing and under
oath or affirmation, of unlawful employment practices,
as provided in section 706 of the Civil Rights Act of 1964
(42 U.S.C. 2000e–5), or any other authority provided
therein.’’

§ 1324c. Penalties for document fraud
(a) Activities prohibited
It is unlawful for any person or entity knowingly—
(1) to forge, counterfeit, alter, or falsely
make any document for the purpose of satisfying a requirement of this chapter or to obtain
a benefit under this chapter,
(2) to use, attempt to use, possess, obtain,
accept, or receive or to provide any forged,
counterfeit, altered, or falsely made document
in order to satisfy any requirement of this
chapter or to obtain a benefit under this chapter,
(3) to use or attempt to use or to provide or
attempt to provide any document lawfully issued to or with respect to a person other than
the possessor (including a deceased individual)
for the purpose of satisfying a requirement of
this chapter or obtaining a benefit under this
chapter,
(4) to accept or receive or to provide any
document lawfully issued to or with respect to
a person other than the possessor (including a
deceased individual) for the purpose of complying with section 1324a(b) of this title or obtaining a benefit under this chapter, or

§ 1324c

(5) to prepare, file, or assist another in preparing or filing, any application for benefits
under this chapter, or any document required
under this chapter, or any document submitted in connection with such application or
document, with knowledge or in reckless disregard of the fact that such application or document was falsely made or, in whole or in
part, does not relate to the person on whose
behalf it was or is being submitted, or
(6)(A) to present before boarding a common
carrier for the purpose of coming to the
United States a document which relates to the
alien’s eligibility to enter the United States,
and (B) to fail to present such document to an
immigration officer upon arrival at a United
States port of entry.
(b) Exception
This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of
the United States, a State, or a subdivision of a
State, or of an intelligence agency of the United
States, or any activity authorized under chapter
224 of title 18.
(c) Construction
Nothing in this section shall be construed to
diminish or qualify any of the penalties available for activities prohibited by this section but
proscribed as well in title 18.
(d) Enforcement
(1) Authority in investigations
In conducting investigations and hearings
under this subsection—
(A) immigration officers and administrative law judges shall have reasonable access
to examine evidence of any person or entity
being investigated,
(B) administrative law judges, may, if necessary, compel by subpoena the attendance
of witnesses and the production of evidence
at any designated place or hearing, and
(C) immigration officers designated by the
Commissioner may compel by subpoena the
attendance of witnesses and the production
of evidence at any designated place prior to
the filing of a complaint in a case under
paragraph (2).
In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph
and upon application of the Attorney General,
an appropriate district court of the United
States may issue an order requiring compliance with such subpoena and any failure to
obey such order may be punished by such
court as a contempt thereof.
(2) Hearing
(A) In general
Before imposing an order described in
paragraph (3) against a person or entity
under this subsection for a violation of subsection (a) of this section, the Attorney General shall provide the person or entity with
notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the
date of the notice, a hearing respecting the
violation.

§ 1324c

TITLE 8—ALIENS AND NATIONALITY

(B) Conduct of hearing
Any hearing so requested shall be conducted before an administrative law judge.
The hearing shall be conducted in accordance with the requirements of section 554 of
title 5. The hearing shall be held at the nearest practicable place to the place where the
person or entity resides or of the place where
the alleged violation occurred. If no hearing
is so requested, the Attorney General’s imposition of the order shall constitute a final
and unappealable order.
(C) Issuance of orders
If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity has
violated subsection (a) of this section, the
administrative law judge shall state his findings of fact and issue and cause to be served
on such person or entity an order described
in paragraph (3).
(3) Cease and desist order with civil money
penalty
With respect to a violation of subsection (a)
of this section, the order under this subsection
shall require the person or entity to cease and
desist from such violations and to pay a civil
penalty in an amount of—
(A) not less than $250 and not more than
$2,000 for each document that is the subject
of a violation under subsection (a) of this
section, or
(B) in the case of a person or entity previously subject to an order under this paragraph, not less than $2,000 and not more than
$5,000 for each document that is the subject
of a violation under subsection (a) of this
section.
In applying this subsection in the case of a
person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or
referring for employment, without reference
to the practices of, and not under the control
of or common control with, another subdivision, each such subdivision shall be considered
a separate person or entity.
(4) Administrative appellate review
The decision and order of an administrative
law judge shall become the final agency decision and order of the Attorney General unless
either (A) within 30 days, an official delegated
by regulation to exercise review authority
over the decision and order modifies or vacates the decision and order, or (B) within 30
days of the date of such a modification or vacation (or within 60 days of the date of decision and order of an administrative law judge
if not so modified or vacated) the decision and
order is referred to the Attorney General pursuant to regulations, in which case the decision and order of the Attorney General shall
become the final agency decision and order
under this subsection.
(5) Judicial review
A person or entity adversely affected by a
final order under this section may, within 45
days after the date the final order is issued,

Page 368

file a petition in the Court of Appeals for the
appropriate circuit for review of the order.
(6) Enforcement of orders
If a person or entity fails to comply with a
final order issued under this section against
the person or entity, the Attorney General
shall file a suit to seek compliance with the
order in any appropriate district court of the
United States. In any such suit, the validity
and appropriateness of the final order shall
not be subject to review.
(7) Waiver by Attorney General
The Attorney General may waive the penalties imposed by this section with respect to
an alien who knowingly violates subsection
(a)(6) of this section if the alien is granted asylum under section 1158 of this title or withholding of removal under section 1231(b)(3) of
this title.
(e) Criminal penalties for failure to disclose role
as document preparer
(1) Whoever, in any matter within the jurisdiction of the Service, knowingly and willfully fails
to disclose, conceals, or covers up the fact that
they have, on behalf of any person and for a fee
or other remuneration, prepared or assisted in
preparing an application which was falsely made
(as defined in subsection (f) of this section) for
immigration benefits, shall be fined in accordance with title 18, imprisoned for not more than
5 years, or both, and prohibited from preparing
or assisting in preparing, whether or not for a
fee or other remuneration, any other such application.
(2) Whoever, having been convicted of a violation of paragraph (1), knowingly and willfully
prepares or assists in preparing an application
for immigration benefits pursuant to this chapter, or the regulations promulgated thereunder,
whether or not for a fee or other remuneration
and regardless of whether in any matter within
the jurisdiction of the Service, shall be fined in
accordance with title 18, imprisoned for not
more than 15 years, or both, and prohibited from
preparing or assisting in preparing any other
such application.
(f) Falsely make
For purposes of this section, the term ‘‘falsely
make’’ means to prepare or provide an application or document, with knowledge or in reckless
disregard of the fact that the application or document contains a false, fictitious, or fraudulent
statement or material representation, or has no
basis in law or fact, or otherwise fails to state a
fact which is material to the purpose for which
it was submitted.
(June 27, 1952, ch. 477, title II, ch. 8, § 274C, as
added Pub. L. 101–649, title V, § 544(a), Nov. 29,
1990, 104 Stat. 5059; amended Pub. L. 102–232, title
III, § 306(c)(5)(A), Dec. 12, 1991, 105 Stat. 1752;
Pub. L. 103–416, title II, § 219(r), Oct. 25, 1994, 108
Stat. 4317; Pub. L. 104–208, div. C, title II,
§§ 212(a)–(d), 213, 220, title III, §§ 308(g)(10)(D),
379(a), Sept. 30, 1996, 110 Stat. 3009–570, 3009–571,
3009–575, 3009–625, 3009–649.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (e)(2), was
in the original, ‘‘this Act’’, meaning act June 27, 1952,

Page 369

TITLE 8—ALIENS AND NATIONALITY

ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1996—Subsec. (a)(1). Pub. L. 104–208, § 212(a)(1), inserted ‘‘or to obtain a benefit under this chapter’’ before comma at end.
Subsec. (a)(2). Pub. L. 104–208, § 212(a)(2), inserted ‘‘or
to obtain a benefit under this chapter’’ before comma
at end.
Subsec. (a)(3). Pub. L. 104–208, § 212(a)(3), inserted ‘‘or
with respect to’’ after ‘‘issued to’’ and ‘‘or obtaining a
benefit under this chapter’’ after ‘‘of this chapter’’ and
struck out ‘‘or’’ at end.
Subsec. (a)(4). Pub. L. 104–208, § 212(a)(4), inserted ‘‘or
with respect to’’ after ‘‘issued to’’ and ‘‘or obtaining a
benefit under this chapter’’ after ‘‘section 1324a(b) of
this title’’ and substituted ‘‘, or’’ for the period at end.
Subsec. (a)(5), (6). Pub. L. 104–208, § 212(a)(5), added
pars. (5) and (6).
Subsec. (d)(1)(C). Pub. L. 104–208, § 220, added subpar.
(C).
Subsec. (d)(3)(A), (B). Pub. L. 104–208, § 212(c), substituted ‘‘each document that is the subject of a violation under subsection (a) of this section’’ for ‘‘each document used, accepted, or created and each instance of
use, acceptance, or creation’’.
Subsec. (d)(4). Pub. L. 104–208, § 379(a)(2), substituted
‘‘the final agency decision and order under this subsection’’ for ‘‘a final order under this subsection’’.
Pub. L. 104–208, § 379(a)(1), substituted ‘‘unless either
(A) within 30 days, an official delegated by regulation
to exercise review authority over the decision and
order modifies or vacates the decision and order, or (B)
within 30 days of the date of such a modification or vacation (or within 60 days of the date of decision and
order of an administrative law judge if not so modified
or vacated) the decision and order is referred to the Attorney General pursuant to regulations’’ for ‘‘unless,
within 30 days, the Attorney General modifies or vacates the decision and order’’.
Subsec. (d)(7). Pub. L. 104–208, § 308(g)(10)(D), substituted ‘‘withholding of removal under section
1231(b)(3) of this title’’ for ‘‘withholding of deportation
under section 1253(h) of this title’’.
Pub. L. 104–208, § 212(d), added par. (7).
Subsec. (e). Pub. L. 104–208, § 213, added subsec. (e).
Subsec. (f). Pub. L. 104–208, § 212(b), added subsec. (f).
1994—Subsec. (b). Pub. L. 103–416 substituted ‘‘chapter
224 of title 18’’ for ‘‘title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)’’.
1991—Subsec. (a)(2) to (4). Pub. L. 102–232 inserted ‘‘or
to provide’’ after ‘‘receive’’ in pars. (2) and (4) and ‘‘or
to provide or attempt to provide’’ after ‘‘attempt to
use’’ in par. (3).
EFFECTIVE DATE OF 1996 AMENDMENT
Section 212(e) of div. C of Pub. L. 104–208 provided
that: ‘‘Section 274C(f) of the Immigration and Nationality Act [8 U.S.C. 1324c(f)], as added by subsection (b),
applies to the preparation of applications before, on, or
after the date of the enactment of this Act [Sept. 30,
1996].’’
Amendment by section 308(g)(10)(D) 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 379(a) of Pub. L. 104–208 applicable to orders issued on or after Sept. 30, 1996, see section 379(b) of Pub. L. 104–208, set out as a note under
section 1324a of this title.

§ 1324d

L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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
Section applicable to persons or entities that have
committed violations on or after Nov. 29, 1990, see section 544(d) of Pub. L. 101–649, as amended, set out as an
Effective Date of 1990 Amendment note under section
1227 of this title.
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.

§ 1324d. Civil penalties for failure to depart
(a) In general
Any alien subject to a final order of removal
who—
(1) willfully fails or refuses to—
(A) depart from the United States pursuant to the order,
(B) make timely application in good faith
for travel or other documents necessary for
departure, or
(C) present for removal at the time and
place required by the Attorney General; or
(2) conspires to or takes any action designed
to prevent or hamper the alien’s departure
pursuant to the order,
shall pay a civil penalty of not more than $500 to
the Commissioner for each day the alien is in
violation of this section.
(b) Construction
Nothing in this section shall be construed to
diminish or qualify any penalties to which an
alien may be subject for activities proscribed by
section 1253(a) of this title or any other section
of this chapter.
(June 27, 1952, ch. 477, title II, ch. 8, § 274D, as
added Pub. L. 104–208, div. C, title III, § 380(a),
Sept. 30, 1996, 110 Stat. 3009–650.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), 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.
EFFECTIVE DATE
Section 308(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [enacting this section] shall apply to actions occurring on or
after the title III–A effective date (as defined in section
309(a) of this division [set out as a note under section
1101 of this title]).’’

EFFECTIVE DATE OF 1994 AMENDMENT

ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS

Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.

For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related

§ 1325

TITLE 8—ALIENS AND NATIONALITY

references, see note set out under section 1551 of this
title.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.

§ 1325. Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and
concealment of facts
Any alien who (1) enters or attempts to enter
the United States at any time or place other
than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully
false or misleading representation or the willful
concealment of a material fact, shall, for the
first commission of any such offense, be fined
under title 18 or imprisoned not more than 6
months, or both, and, for a subsequent commission of any such offense, be fined under title 18,
or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering
(or attempting to enter) the United States at a
time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for
each such entry (or attempted entry); or
(2) twice the amount specified in paragraph
(1) in the case of an alien who has been previously subject to a civil penalty under this
subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other
civil penalties that may be imposed.
(c) Marriage fraud
Any individual who knowingly enters into a
marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not
more than $250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a
commercial enterprise for the purpose of evading any provision of the immigration laws shall
be imprisoned for not more than 5 years, fined in
accordance with title 18, or both.
(June 27, 1952, ch. 477, title II, ch. 8, § 275, 66 Stat.
229; Pub. L. 99–639, § 2(d), Nov. 10, 1986, 100 Stat.
3542; Pub. L. 101–649, title I, § 121(b)(3), title V,
§ 543(b)(2), Nov. 29, 1990, 104 Stat. 4994, 5059; Pub.
L. 102–232, title III, § 306(c)(3), Dec. 12, 1991, 105
Stat. 1752; Pub. L. 104–208, div. C, title I, § 105(a),
Sept. 30, 1996, 110 Stat. 3009–556.)
AMENDMENTS
1996—Subsecs. (b) to (d). Pub. L. 104–208 added subsec.
(b) and redesignated former subsecs. (b) and (c) as (c)
and (d), respectively.
1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘fined
under title 18’’ for ‘‘fined not more than $2,000 (or, if
greater, the amount provided under title 18)’’.

Page 370

1990—Subsec. (a). Pub. L. 101–649, § 543(b)(2), inserted
‘‘or attempts to enter’’ after ‘‘(1) enters’’ and ‘‘attempts to enter or’’ after ‘‘or (3)’’, and substituted
‘‘shall, for the first commission of any such offense, be
fined not more than $2,000 (or, if greater, the amount
provided under title 18) or imprisoned not more than 6
months, or both, and, for a subsequent commission of
any such offense, be fined under title 18, or imprisoned
not more than 2 years’’ for ‘‘shall, for the first commission of any such offenses, be guilty of a misdemeanor
and upon conviction thereof be punished by imprisonment for not more than six months, or by a fine of not
more than $500, or by both, and for a subsequent commission of any such offenses shall be guilty of a felony
and upon conviction thereof shall be punished by imprisonment for not more than two years, or by a fine of
not more than $1,000’’.
Subsec. (c). Pub. L. 101–649, § 121(b)(3), added subsec.
(c).
1986—Pub. L. 99–639 designated existing provisions as
subsec. (a) and added subsec. (b).
EFFECTIVE DATE OF 1996 AMENDMENT
Section 105(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending this section] shall apply to illegal entries or
attempts to enter occurring on or after the first day of
the sixth month beginning after the date of the enactment of this Act [Sept. 30, 1996].’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 121(b)(3) of Pub. L. 101–649 effective Oct. 1, 1991, and applicable beginning with fiscal
year 1992, see section 161(a) of Pub. L. 101–649, set out
as a note under section 1101 of this title.
Amendment by section 543(b)(2) of Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section
543(c) of Pub. L. 101–649, set out as a note under section
1221 of this title.
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.

§ 1326. Reentry of removed aliens
(a) In general
Subject to subsection (b) of this section, any
alien who—
(1) has been denied admission, excluded, deported, or removed or has departed the United
States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any
time found in, the United States, unless (A)
prior to his reembarkation at a place outside
the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to
such alien’s reapplying for admission; or (B)
with respect to an alien previously denied admission and removed, unless such alien shall
establish that he was not required to obtain
such advance consent under this chapter or
any prior Act,
shall be fined under title 18, or imprisoned not
more than 2 years, or both.

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TITLE 8—ALIENS AND NATIONALITY

(b) Criminal penalties for reentry of certain removed aliens
Notwithstanding subsection (a) of this section,
in the case of any alien described in such subsection—
(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the
person, or both, or a felony (other than an aggravated felony), such alien shall be fined
under title 18, imprisoned not more than 10
years, or both;
(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title,
imprisoned not more than 20 years, or both;
(3) who has been excluded from the United
States pursuant to section 1225(c) of this title
because the alien was excludable under section
1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the
provisions of subchapter V, and who thereafter, without the permission of the Attorney
General, enters the United States, or attempts
to do so, shall be fined under title 18 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any
other sentence.1 or
(4) who was removed from the United States
pursuant to section 1231(a)(4)(B) of this title
who thereafter, without the permission of the
Attorney General, enters, attempts to enter,
or is at any time found in, the United States
(unless the Attorney General has expressly
consented to such alien’s reentry) shall be
fined under title 18, imprisoned for not more
than 10 years, or both.
For the purposes of this subsection, the term
‘‘removal’’ includes any agreement in which an
alien stipulates to removal during (or not during) a criminal trial under either Federal or
State law.
(c) Reentry of alien deported prior to completion
of term of imprisonment
Any alien deported pursuant to section
1252(h)(2) 2 of this title who enters, attempts to
enter, or is at any time found in, the United
States (unless the Attorney General has expressly consented to such alien’s reentry) shall
be incarcerated for the remainder of the sentence of imprisonment which was pending at the
time of deportation without any reduction for
parole or supervised release. Such alien shall be
subject to such other penalties relating to the
reentry of deported aliens as may be available
under this section or any other provision of law.
(d) Limitation on collateral attack on underlying
deportation order
In a criminal proceeding under this section, an
alien may not challenge the validity of the deportation order described in subsection (a)(1) of
this section or subsection (b) of this section unless the alien demonstrates that—
(1) the alien exhausted any administrative
remedies that may have been available to seek
relief against the order;

§ 1326

(2) the deportation proceedings at which the
order was issued improperly deprived the alien
of the opportunity for judicial review; and
(3) the entry of the order was fundamentally
unfair.
(June 27, 1952, ch. 477, title II, ch. 8, § 276, 66 Stat.
229; Pub. L. 100–690, title VII, § 7345(a), Nov. 18,
1988, 102 Stat. 4471; Pub. L. 101–649, title V,
§ 543(b)(3), Nov. 29, 1990, 104 Stat. 5059; Pub. L.
103–322, title XIII, § 130001(b), Sept. 13, 1994, 108
Stat. 2023; Pub. L. 104–132, title IV, §§ 401(c),
438(b), 441(a), Apr. 24, 1996, 110 Stat. 1267, 1276,
1279; Pub. L. 104–208, div. C, title III, §§ 305(b),
308(d)(4)(J), (e)(1)(K), (14)(A), 324(a), (b), Sept. 30,
1996, 110 Stat. 3009–606, 3009–618 to 3009–620,
3009–629.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(2), was in the
original a reference to 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 1252 of this title, referred to in subsec. (c),
was amended generally by Pub. L. 104–208, div. C, title
III, § 306(a)(2), Sept. 30, 1996, 110 Stat. 3009–607, and, as so
amended, does not contain a subsec. (h). For provisions
similar to those formerly contained in section 1252(h)(2)
of this title, see section 1231(a)(4) of this title.
AMENDMENTS
1996—Pub. L. 104–208, § 308(e)(14)(A), amended section
catchline.
Subsec. (a)(1). Pub. L. 104–208, § 308(d)(4)(J)(i), substituted ‘‘denied admission, excluded, deported, or removed’’ for ‘‘arrested and deported, has been excluded
and deported,’’ and ‘‘exclusion, deportation, or removal’’ for ‘‘exclusion or deportation’’.
Pub. L. 104–208, § 324(a), amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ‘‘has been
arrested and deported or excluded and deported, and
thereafter’’.
Subsec. (a)(2)(B). Pub. L. 104–208, § 308(d)(4)(J)(ii), substituted ‘‘denied admission and removed’’ for ‘‘excluded
and deported’’.
Subsec. (b). Pub. L. 104–208, § 324(b), inserted ‘‘(or not
during)’’ after ‘‘during’’ in concluding provisions.
Pub. L. 104–208, § 308(e)(1)(K), substituted ‘‘removal’’
for ‘‘deportation’’ wherever appearing in pars. (1) and
(2) and in concluding provisions.
Subsec. (b)(2). Pub. L. 104–208, § 305(b)(1), struck out
‘‘or’’ at end.
Subsec. (b)(3). Pub. L. 104–208, § 305(b)(2), inserted ‘‘or’’
at end.
Pub. L. 104–132, § 401(c), added par. (3).
Subsec. (b)(4). Pub. L. 104–208, § 305(b)(3), added par.
(4).
Subsec. (c). Pub. L. 104–132, § 438(b), added subsec. (c).
Subsec. (d). Pub. L. 104–132, § 441(a), added subsec. (d).
1994—Subsec. (b). Pub. L. 103–322, in par. (1), inserted
‘‘three or more misdemeanors involving drugs, crimes
against the person, or both, or’’ after ‘‘commission of’’
and substituted ‘‘10’’ for ‘‘5’’, in par. (2), substituted
‘‘20’’ for ‘‘15’’, and added concluding sentence.
1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘shall be
fined under title 18, or imprisoned not more than 2
years’’ for ‘‘shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more
than two years, or by a fine of not more than $1,000’’.
1988—Pub. L. 100–690 designated existing provisions as
subsec. (a), substituted ‘‘Subject to subsection (b) of
this section, any alien’’ for ‘‘Any alien’’, and added subsec. (b).
EFFECTIVE DATE OF 1996 AMENDMENTS

1 So

in original. The period probably should be a semicolon.
2 See References in Text note below.

Amendment by sections 305(b) and 308(d)(4)(J),
(e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with cer-

§ 1327

TITLE 8—ALIENS AND NATIONALITY

tain 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.
Section 324(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of
this Act [Sept. 30, 1996], but only with respect to entries
(and attempted entries) occurring on or after such
date.’’
Section 401(f) of Pub. L. 104–132 provided that: ‘‘The
amendments made by this section [enacting sections
1531 to 1537 of this title and amending this section and
section 1105a of this title] shall take effect on the date
of enactment of this Act [Apr. 24, 1996] and shall apply
to all aliens without regard to the date of entry or attempted entry into the United States.’’
Section 441(b) of Pub. L. 104–132 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after
the date of enactment of this Act [Apr. 24, 1996].’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 7345(b) of Pub. L. 100–690 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to any alien who enters, attempts
to enter, or is found in, the United States on or after
the date of the enactment of this Act [Nov. 18, 1988].’’
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.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.

§ 1327. Aiding or assisting certain aliens to enter
Any person who knowingly aids or assists any
alien inadmissible under section 1182(a)(2) (insofar as an alien inadmissible under such section
has been convicted of an aggravated felony) or
1182(a)(3) (other than subparagraph (E) thereof)
of this title to enter the United States, or who
connives or conspires with any person or persons
to allow, procure, or permit any such alien to
enter the United States, shall be fined under
title 18, or imprisoned not more than 10 years, or
both.
(June 27, 1952, ch. 477, title II, ch. 8, § 277, 66 Stat.
229; Pub. L. 100–690, title VII, § 7346(a), (c)(1),
Nov. 18, 1988, 102 Stat. 4471; Pub. L. 101–649, title
V, § 543(b)(4), title VI, § 603(a)(16), Nov. 29, 1990,
104 Stat. 5059, 5084; Pub. L. 104–208, div. C, title
III, § 308(d)(3)(A), Sept. 30, 1996, 110 Stat.
3009–617.)
AMENDMENTS
1996—Pub. L. 104–208 substituted ‘‘inadmissible’’ for
‘‘excludable’’ in two places.
1990—Pub.
L.
101–649,
§ 603(a)(16),
substituted
‘‘1182(a)(2) (insofar as an alien excludable under such

Page 372

section has been convicted of an aggravated felony) or
1182(a)(3) (other than subparagraph (E) thereof)’’ for
‘‘1182(a)(9), (10), (23) (insofar as an alien excludable
under any such paragraph has in addition been convicted of an aggravated felony), (27), (28), or (29)’’.
Pub. L. 101–649, § 543(b)(4), substituted ‘‘shall be fined
under title 18, or imprisoned not more than 10 years’’
for ‘‘shall be guilty of a felony, and upon conviction
thereof shall be punished by a fine of not more than
$5,000 or by imprisonment for not more than five
years’’.
1988—Pub. L. 100–690 substituted ‘‘certain aliens’’ for
‘‘subversive alien’’ in section catchline and inserted
‘‘(9), (10), (23) (insofar as an alien excludable under any
such paragraph has in addition been convicted of an aggravated felony),’’ after ‘‘1182(a)’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 543(b)(4) of Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section
543(c) of Pub. L. 101–649, set out as a note under section
1221 of this title.
Amendment by section 603(a)(16) of Pub. L. 101–649 applicable to individuals entering United States on or
after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 7346(b) of Pub. L. 100–690 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to any aid or assistance which occurs
on or after the date of the enactment of this Act [Nov.
18, 1988].’’

§ 1328. Importation of alien for immoral purpose
The importation into the United States of any
alien for the purpose of prostitution, or for any
other immoral purpose, is forbidden. Whoever
shall, directly or indirectly, import, or attempt
to import into the United States any alien for
the purpose of prostitution or for any other immoral purpose, or shall hold or attempt to hold
any alien for any such purpose in pursuance of
such illegal importation, or shall keep, maintain, control, support, employ, or harbor in any
house or other place, for the purpose of prostitution or for any other immoral purpose, any
alien, in pursuance of such illegal importation,
shall be fined under title 18, or imprisoned not
more than 10 years, or both. The trial and punishment of offenses under this section may be in
any district to or into which such alien is
brought in pursuance of importation by the person or persons accused, or in any district in
which a violation of any of the provisions of this
section occurs. In all prosecutions under this
section, the testimony of a husband or wife shall
be admissible and competent evidence against
each other.
(June 27, 1952, ch. 477, title II, ch. 8, § 278, 66 Stat.
230; Pub. L. 101–649, title V, § 543(b)(5), Nov. 29,
1990, 104 Stat. 5059.)
AMENDMENTS
1990—Pub. L. 101–649 substituted ‘‘shall be fined under
title 18, or imprisoned not more than 10 years, or both’’
for ‘‘shall, in every such case, be guilty of a felony and

Page 373

TITLE 8—ALIENS AND NATIONALITY

upon conviction thereof shall be punished by a fine of
not more than $5,000 and by imprisonment for a term of
not more than ten years’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.

§ 1329. Jurisdiction of district courts
The district courts of the United States shall
have jurisdiction of all causes, civil and criminal, brought by the United States that arise
under the provisions of this subchapter. It shall
be the duty of the United States attorney of the
proper district to prosecute every such suit
when brought by the United States. Notwithstanding any other law, such prosecutions or
suits may be instituted at any place in the
United States at which the violation may occur
or at which the person charged with a violation
under section 1325 or 1326 of this title may be apprehended. No suit or proceeding for a violation
of any of the provisions of this subchapter shall
be settled, compromised, or discontinued without the consent of the court in which it is pending and any such settlement, compromise, or
discontinuance shall be entered of record with
the reasons therefor. Nothing in this section
shall be construed as providing jurisdiction for
suits against the United States or its agencies
or officers.
(June 27, 1952, ch. 477, title II, ch. 8, § 279, 66 Stat.
230; Pub. L. 104–208, div. C, title III, § 381(a), Sept.
30, 1996, 110 Stat. 3009–650.)
AMENDMENTS
1996—Pub. L. 104–208, § 381(a)(2), inserted at end
‘‘Nothing in this section shall be construed as providing jurisdiction for suits against the United States or
its agencies or officers.’’
Pub. L. 104–208, § 381(a)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: ‘‘The district courts of the United States shall
have jurisdiction of all causes, civil and criminal, arising under any of the provisions of this subchapter.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Section 381(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending this section] shall apply to actions filed
after the date of the enactment of this Act [Sept. 30,
1996].’’

§ 1330. Collection of penalties and expenses
(a) Notwithstanding any other provisions of
this subchapter, the withholding or denial of
clearance of or a lien upon any vessel or aircraft
provided for in section 1221, 1224, 1253(c)(2), 1281,
1283, 1284, 1285, 1286, 1321, 1322, or 1323 of this title
shall not be regarded as the sole and exclusive
means or remedy for the enforcement of payments of any fine, penalty or expenses imposed
or incurred under such sections, but, in the discretion of the Attorney General, the amount
thereof may be recovered by civil suit, in the
name of the United States, from any person
made liable under any of such sections.
(b)(1) There is established in the general fund
of the Treasury a separate account which shall
be known as the ‘‘Immigration Enforcement Account’’. Notwithstanding any other section of

§ 1330

this subchapter, there shall be deposited as offsetting receipts into the Immigration Enforcement Account amounts described in paragraph
(2) to remain available until expended.
(2) The amounts described in this paragraph
are the following:
(A) The increase in penalties collected resulting from the amendments made by sections 203(b) and 543(a) of the Immigration Act
of 1990.
(B) Civil penalties collected under sections
1229c(d), 1324c, 1324d, and 1325(b) of this title.
(3)(A) The Secretary of the Treasury shall refund out of the Immigration Enforcement Account to any appropriation the amount paid out
of such appropriation for expenses incurred by
the Attorney General for activities that enhance
enforcement of provisions of this subchapter.
Such activities include—
(i) the identification, investigation, apprehension, detention, and removal of criminal
aliens;
(ii) the maintenance and updating of a system to identify and track criminal aliens, deportable aliens, inadmissible aliens, and aliens
illegally entering the United States; and
(iii) for the repair, maintenance, or construction on the United States border, in areas
experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal
entry into the United States.
(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded
at least quarterly on the basis of estimates
made by the Attorney General of the expenses
referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the
extent prior estimates were in excess of, or less
than, the amount required to be refunded under
subparagraph (A).
(C) The amounts required to be refunded from
the Immigration Enforcement Account for fiscal
year 1996 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal
years. Any proposed changes in the amounts
designated in such budget requests shall only be
made after notification to the Committees on
Appropriations of the House of Representatives
and the Senate in accordance with section 605 of
Public Law 104–134.
(D) The Attorney General shall prepare and
submit annually to the Congress statements of
financial condition of the Immigration Enforcement Account, including beginning account balance, revenues, withdrawals, and ending account
balance and projection for the ensuing fiscal
year.
(June 27, 1952, ch. 477, title II, ch. 8, § 280, 66 Stat.
230; Pub. L. 101–649, title V, § 542(a), Nov. 29, 1990,
104 Stat. 5057; Pub. L. 103–416, title II, § 219(s),
Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div.
C, title III, §§ 308(g)(4)(C), 382(a), Sept. 30, 1996,
110 Stat. 3009–623, 3009–651.)
REFERENCES IN TEXT
Sections 203(b) and 543(a) of the Immigration Act of
1990, referred to in subsec. (b)(2)(A), are sections 203(b)
and 543(a) of Pub. L. 101–649. Section 203(b) of the Act

§ 1351

TITLE 8—ALIENS AND NATIONALITY

amended section 1281 of this title. Section 543(a) of the
Act amended sections 1221, former 1227, 1229 (now 1224),
1284, 1285, 1286, 1287, 1321, 1322, and 1323 of this title.
Section 605 of Public Law 104–134, referred to in subsec. (b)(3)(C), is section 101[(a)] [title VI, § 605] of Pub.
L. 104–134, title I, Apr. 26, 1996, 110 Stat. 1321, 1321–63,
which is not classified to the Code.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208, § 308(g)(4)(C), substituted ‘‘1224, 1253(c)(2)’’ for ‘‘1227, 1229, 1253’’.
Subsec. (b). Pub. L. 104–208, § 382(a), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows: ‘‘Notwithstanding section 3302 of title 31, the
increase in penalties collected resulting from the
amendments made by sections 203(b), 543(a), and 544 of
the Immigration Act of 1990 shall be credited to the appropriation—
‘‘(1) for the Immigration and Naturalization Service for activities that enhance enforcement of provisions of this subchapter, including—
‘‘(A) the identification, investigation, and apprehension of criminal aliens,
‘‘(B) the implementation of the system described
in section 1252(a)(3)(A) of this title, and
‘‘(C) for the repair, maintenance, or construction
on the United States border, in areas experiencing
high levels of apprehensions of illegal aliens, of
structures to deter illegal entry into the United
States; and
‘‘(2) for the Executive Office for Immigration Review in the Department of Justice for the purpose of
removing the backlogs in the preparation of transcripts of deportation proceedings conducted under
section 1252 of this title.’’
1994—Subsec. (b)(1)(C). Pub. L. 103–416 substituted
‘‘maintenance’’ for ‘‘maintainance’’.
1990—Pub. L. 101–649 designated existing provisions as
subsec. (a) and added subsec. (b).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(g)(4)(C) 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.
Section 382(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this section [amending this section and section 1356 of this title] shall
apply to fines and penalties collected on or after the
date of the enactment of this Act [Sept. 30, 1996].’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 542(b) of Pub. L. 101–649 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to fines and penalties collected on or
after January 1, 1991.’’
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.

Page 374

prescribed by the Secretary of State, if practicable, in amounts corresponding to the total of
all visa, entry, residence, or other similar fees,
taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals
or stateless residents: Provided, That nonimmigrant visas issued to aliens coming to the
United States in transit to and from the headquarters district of the United Nations in accordance with the provisions of the Headquarters Agreement shall be gratis. Subject to
such criteria as the Secretary of State may prescribe, including the duration of stay of the
alien and the financial burden upon the charitable organization, the Secretary of State shall
waive or reduce the fee for application and issuance of a nonimmigrant visa for any alien coming to the United States primarily for, or in activities related to, a charitable purpose involving health or nursing care, the provision of food
or housing, job training, or any other similar direct service or assistance to poor or otherwise
needy individuals in the United States.
(June 27, 1952, ch. 477, title II, ch. 9, § 281, 66 Stat.
230; Pub. L. 89–236, § 14, Oct. 3, 1965, 79 Stat. 919;
Pub. L. 90–609, § 1, Oct. 21, 1968, 82 Stat. 1199; Pub.
L. 105–54, § 2(a), Oct. 6, 1997, 111 Stat. 1175.)
REFERENCES IN TEXT
The Headquarters Agreement, referred to in text, is
set out as a note under section 287 of Title 22, Foreign
Relations and Intercourse.
AMENDMENTS
1997—Pub. L. 105–54 inserted at end ‘‘Subject to such
criteria as the Secretary of State may prescribe, including the duration of stay of the alien and the financial burden upon the charitable organization, the Secretary of State shall waive or reduce the fee for application and issuance of a nonimmigrant visa for any
alien coming to the United States primarily for, or in
activities related to, a charitable purpose involving
health or nursing care, the provision of food or housing,
job training, or any other similar direct service or assistance to poor or otherwise needy individuals in the
United States.’’
1968—Pub. L. 90–609 struck out provisions fixing statutory fees for specified immigration and nationality
benefits and services rendered, including those pertaining to immigrant visas, reentry permits, adjustments
of status to permanent residence, creation of record of
admission for permanent residence, suspension of deportation, extension of stay to nonimmigrants, and application for admission to practice as attorney or representative before the Service.
1965—Subsec. (a). Pub. L. 89–236, § 14(a), (b), designated opening provision beginning ‘‘The following
fees shall be charged:’’ and ending with the end of par.
(7) as subsec. (a) and substituted reference to section
1154 of this title for sections 1154(b) and 1155(b) of this
title in par. (6).
Subsec. (b). Pub. L. 89–236, § 14(c), added subsec. (b).
Subsec. (c). Pub. L. 89–236, § 14(d), designated closing
provision consisting of the paragraph beginning ‘‘The
fees for the furnishing’’ as subsec. (c).
EFFECTIVE DATE OF 1997 AMENDMENT

§ 1351. Nonimmigrant visa fees

Section 2(b) of Pub. L. 105–54 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of
this Act [Oct. 6, 1997].’’

The fees for the furnishing and verification of
applications for visas by nonimmigrants of each
foreign country and for the issuance of visas to
nonimmigrants of each foreign country shall be

For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.

PART IX—MISCELLANEOUS

EFFECTIVE DATE OF 1965 AMENDMENT

Page 375

TITLE 8—ALIENS AND NATIONALITY

SURCHARGE FOR PROCESSING MACHINE-READABLE
NONIMMIGRANT VISAS
Pub. L. 110–457, title II, § 239, Dec. 23, 2008, 122 Stat.
5085, provided that:
‘‘(a) INCREASE IN FEE.—Notwithstanding any other
provision of law, not later than October 1, 2009, the Secretary of State shall increase by $1 the fee or surcharge
assessed under section 140(a) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103–236; 8 U.S.C. 1351 note) for processing machinereadable nonimmigrant visas and machine-readable
combined border crossing identification cards and nonimmigrant visas.
‘‘(b) DEPOSIT OF AMOUNTS.—Notwithstanding section
140(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C.
1351 note), the additional amount collected pursuant
[to] the fee increase under subsection (a) shall be deposited in the Treasury.
‘‘(c) DURATION OF INCREASE.—The fee increase authorized under subsection (a) shall terminate on the date
that is 3 years after the first date on which such increased fee is collected.’’
Pub. L. 110–293, title V, § 501, July 30, 2008, 122 Stat.
2968, provided that:
‘‘(a) FEE INCREASE.—Notwithstanding any other provision of law—
‘‘(1) not later than October 1, 2010, the Secretary of
State shall increase by $1 the fee or surcharge authorized under section 140(a) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103–236; 8 U.S.C. 1351 note) for processing machine readable nonimmigrant visas and machine
readable combined border crossing identification
cards and nonimmigrant visas; and
‘‘(2) not later than October 1, 2013, the Secretary
shall increase the fee or surcharge described in paragraph (1) by an additional $1.
‘‘(b) DEPOSIT OF AMOUNTS.—Notwithstanding section
140(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C.
1351 note), fees collected under the authority of subsection (a) shall be deposited in the Treasury.’’
Pub. L. 107–77, title IV, Nov. 28, 2001, 115 Stat. 783,
which provided in part that notwithstanding section
140(a)(5), and the second sentence of section 140(a)(3), of
Pub. L. 103–236 [below], fees could be collected during
fiscal years 2002 and 2003, under the authority of section
140(a)(1), and that all fees so collected would be deposited in fiscal years 2002 and 2003 as an offsetting collection to appropriations made under this heading to recover costs under section 140(a)(2) and would remain
available until expended, was from the Department of
State and Related Agency Appropriations Act, 2002, and
was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following
prior appropriations acts:
Pub. L. 106–553, § 1(a)(2) [title IV], Dec. 21, 2000, 114
Stat. 2762, 2762A–90.
Pub. L. 106–113, div. B, § 1000(a)(1) [title IV], Nov. 29,
1999, 113 Stat. 1535, 1501A–39.
Pub. L. 105–277, div. A, § 101(b) [title IV], Oct. 21, 1998,
112 Stat. 2681–50, 2681–93.
Pub. L. 105–119, title IV, Nov. 26, 1997, 111 Stat. 2494.
Pub. L. 105–46, § 116, Sept. 30, 1997, 111 Stat. 1157.
Pub. L. 104–208, div. A, title I, § 101(a) [title IV], Sept.
30, 1996, 110 Stat. 3009, 3009–46.
Pub. L. 104–134, title I, § 101[(a)] [title IV], Apr. 26,
1996, 110 Stat. 1321, 1321–36; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 105–277, div. A, § 101(b) [title IV, § 410(a)], Oct.
21, 1998, 112 Stat. 2681–50, 1681–102, provided that:
‘‘(1)(A) Notwithstanding any other provision of law
and subject to subparagraph (B), the Secretary of State
and the Attorney General shall impose, for the processing of any application for the issuance of a machine
readable combined border crossing card and nonimmigrant visa under section 101(a)(15)(B) of the Immi-

§ 1351

gration and Nationality Act [8 U.S.C. 1101(a)(15)(B)], a
fee of $13 (for recovery of the costs of manufacturing
the combined card and visa) in the case of any alien
under 15 years of age where the application for the machine readable combined border crossing card and nonimmigrant visa is made in Mexico by a citizen of Mexico who has at least one parent or guardian who has a
visa under such section or is applying for a machine
readable combined border crossing card and nonimmigrant visa under such section as well.
‘‘(B) The Secretary of State and the Attorney General may not commence implementation of the requirement in subparagraph (A) until the later of—
‘‘(i) the date that is 6 months after the date of enactment of this Act [Oct. 21, 1998]; or
‘‘(ii) the date on which the Secretary sets the
amount of the fee or surcharge in accordance with
paragraph (3).
‘‘(2)(A) Except as provided in subparagraph (B), if the
fee for a machine readable combined border crossing
card and nonimmigrant visa issued under section
101(a)(15)(B) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(15)(B)] has been reduced under paragraph
(1) for a child under 15 years of age, the machine readable combined border crossing card and nonimmigrant
visa shall be issued to expire on the earlier of—
‘‘(i) the date on which the child attains the age of
15; or
‘‘(ii) ten years after its date of issue.
‘‘(B) At the request of the parent or guardian of any
alien under 15 years of age otherwise covered by subparagraph (A), the Secretary of State and the Attorney
General may charge the non-reduced fee for the processing of an application for the issuance of a machine
readable combined border crossing card and nonimmigrant visa under section 101(a)(15)(B) of the Immigration and Nationality Act provided that the machine
readable combined border crossing card and nonimmigrant visa is issued to expire as of the same date
as is usually provided for visas issued under that section.
‘‘(3) Notwithstanding any other provision of law, the
Secretary of State shall set the amount of the fee or
surcharge authorized pursuant to section 140(a) of the
Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103–236; 8 U.S.C. 1351 note [set out
below]) for the processing of machine readable nonimmigrant visas and machine readable combined border crossing cards and nonimmigrant visas at a level
that will ensure the full recovery by the Department of
State of the costs of processing such machine readable
nonimmigrant visas and machine readable combined
border crossing cards and nonimmigrant visas, including the costs of processing the machine readable combined border crossing cards and nonimmigrant visas for
which the fee is reduced pursuant to this subsection.’’
[Pub. L. 106–113, div. B, § 1000(a)(1) [title IV, § 404],
Nov. 29, 1999, 113 Stat. 1535, 1501A–45, provided that:
‘‘Beginning in fiscal year 2000 and thereafter, section
410(a) of the Department of State and Related Agencies
Appropriations Act, 1999, as included in Public Law
105–277 [set out above], shall be in effect.’’]
[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.]
Pub. L. 103–236, title I, § 140(a), Apr. 30, 1994, 108 Stat.
399, as amended by Pub. L. 103–415, § 1(bb), Oct. 25, 1994,
108 Stat. 4302; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A,
title II, § 231], Nov. 29, 1999, 113 Stat. 1536, 1501A–425;
Pub. L. 107–173, title I, § 103(a), May 14, 2002, 116 Stat.
547; Pub. L. 107–228, div. A, title II, § 234, Sept. 30, 2002,
116 Stat. 1373, provided that:
‘‘(1) Notwithstanding any other provision of law, the
Secretary of State is authorized to charge a fee or surcharge for processing machine readable nonimmigrant
visas and machine readable combined border crossing
identification cards and nonimmigrant visas.
‘‘(2) Fees collected under the authority of paragraph
(1) shall be deposited as an offsetting collection to any

§ 1352

TITLE 8—ALIENS AND NATIONALITY

Department of State appropriation, to recover the
costs of providing consular services. Such fees shall remain available for obligation until expended.
‘‘(3) For the fiscal year 2003, any amount that exceeds
$460,000,000 may be made available only if a notification
is submitted to Congress in accordance with the procedures applicable to reprogramming notifications under
section 34 of the State Department Basic Authorities
Act of 1956 [22 U.S.C. 2706].’’
Provisions directing the continuing effect for specific
periods of authorities provided under section 140(a) of
Pub. L. 103–236, set out above, were contained in the following appropriation acts:
Pub. L. 104–92, title I, § 112, Jan. 6, 1996, 110 Stat. 18.
Pub. L. 104–56, title I, § 118, Nov. 20, 1995, 109 Stat. 552.
Pub. L. 104–54, title I, § 118, Nov. 19, 1995, 109 Stat. 544.
Pub. L. 104–31, § 119, Sept. 30, 1995, 109 Stat. 281.

§ 1352. Printing of reentry permits and blank
forms of manifest and crew lists; sale to public
(a) Reentry permits issued under section 1203
of this title shall be printed on distinctive safety paper and shall be prepared and issued under
regulations prescribed by the Attorney General.
(b) The Public Printer is authorized to print
for sale to the public by the Superintendent of
Documents, upon prepayment, copies of blank
forms of manifests and crew lists and such other
forms as may be prescribed and authorized by
the Attorney General to be sold pursuant to the
provisions of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, § 282, 66 Stat.
231.)
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.

§ 1353. Travel expenses and expense of transporting remains of officers and employees dying
outside of United States
When officers, inspectors, or other employees
of the Service are ordered to perform duties in
a foreign country, or are transferred from one
station to another, in the United States or in a
foreign country, or while performing duties in
any foreign country become eligible for voluntary retirement and return to the United
States, they shall be allowed their traveling expenses in accordance with such regulations as
the Attorney General may deem advisable, and
they may also be allowed, within the discretion
and under written orders of the Attorney General, the expenses incurred for the transfer of
their wives and dependent children, their household effects and other personal property, including the expenses for packing, crating, freight,
unpacking, temporary storage, and drayage
thereof in accordance with subchapter II of
chapter 57 of title 5. The expense of transporting
the remains of such officers, inspectors, or other
employees who die while in, or in transit to, a
foreign country in the discharge of their official
duties, to their former homes in this country for
interment, and the ordinary and necessary expenses of such interment and of preparation for
shipment, are authorized to be paid on the written order of the Attorney General.

Page 376

(June 27, 1952, ch. 477, title II, ch. 9, § 283, 66 Stat.
231; Pub. L. 100–525, § 9(p), Oct. 24, 1988, 102 Stat.
2621.)
AMENDMENTS
1988—Pub. L. 100–525 substituted ‘‘subchapter II of
chapter 57 of title 5’’ for ‘‘the Act of August 2, 1946 (60
Stat. 806; 5 U.S.C., sec. 73b–1)’’.
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.

§ 1353a. Officers and employees; overtime services; extra compensation; length of working
day
The Attorney General shall fix a reasonable
rate of extra compensation for overtime services
of immigration officers and employees of the
Immigration and Naturalization Service who
may be required to remain on duty between the
hours of five o’clock postmeridian and eight
o’clock antemeridian, or on Sundays or holidays, to perform duties in connection with the
examination and landing of passengers and
crews of steamships, trains, airplanes, or other
vehicles, arriving in the United States from a
foreign port by water, land, or air, such rates to
be fixed on a basis of one-half day’s additional
pay for each two hours or fraction thereof of at
least one hour that the overtime extends beyond
five o’clock postmeridian (but not to exceed two
and one-half days’ pay for the full period from
five o’clock postmeridian to eight o’clock antemeridian) and two additional days’ pay for Sunday and holiday duty; in those ports where the
customary working hours are other than those
heretofore mentioned, the Attorney General is
vested with authority to regulate the hours of
such employees so as to agree with the prevailing working hours in said ports, but nothing
contained in this section shall be construed in
any manner to affect or alter the length of a
working day for such employees or the overtime
pay herein fixed.
(Mar. 2, 1931, ch. 368, § 1, 46 Stat. 1467; Ex. Ord.
No. 6166, § 14, June 10, 1933; 1940 Reorg. Plan No.
V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238;
June 27, 1952, ch. 477, title IV, § 402(i)(1), 66 Stat.
278.)
CODIFICATION
Section was not enacted as part of the Immigration
and Nationality Act which comprises this chapter.
Ex. Ord. No. 6166, is authority for the substitution of
‘‘Immigration and Naturalization Service’’ for ‘‘Immigration Service’’; and 1940 Reorg. Plan No. V. is authority for the substitution of ‘‘Attorney General’’ for
‘‘Secretary of Labor.’’ See note set out under section
1551 of this title.
Section was formerly classified to section 342c of
Title 5 prior to the general revision and enactment of
Title 5, Government Organization and Employees, by
Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 109a of this title.
AMENDMENTS
1952—Act June 27, 1952, substituted ‘‘immigration officers’’ for ‘‘inspectors’’.

Page 377

TITLE 8—ALIENS AND NATIONALITY
TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and functions of all agencies and employees of such
Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize
their performance or the performance of any of his
functions by any of such officers, agencies, and employees by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950,
15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to
Title 5, Government Organization and Employees. See
sections 509 and 510 of Title 28, Judiciary and Judicial
Procedure.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1353b. Extra compensation; payment
The said extra compensation shall be paid by
the master, owner, agent, or consignee of such
vessel or other conveyance arriving in the
United States from a foreign port to the Attorney General, who shall pay the same to the several immigration officers and employees entitled thereto as provided in this section and section 1353a of this title. Such extra compensation
shall be paid if such officers or employees have
been ordered to report for duty and have so reported, whether the actual inspection or examination of passengers or crew takes place or not:
Provided, That this section shall not apply to the
inspection at designated ports of entry of passengers arriving by international ferries,
bridges, or tunnels, or by aircraft, railroad
trains, or vessels on the Great Lakes and connecting waterways, when operating on regular
schedules.
(Mar. 2, 1931, ch. 368, § 2, 46 Stat. 1467; 1940 Reorg.
Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat.
1238.)
CODIFICATION
Section was not enacted as part of the Immigration
and Nationality Act which comprises this chapter.
1940 Reorg. Plan No. V is authority for the substitution of ‘‘Attorney General’’ for ‘‘Secretary of Labor.’’
See note set out under section 1551 of this title.
Section was formerly classified to section 342d of
Title 5 prior to the general revision and enactment of
Title 5, Government Organization and Employees, by
Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 109b of this title.
TRANSFER OF FUNCTIONS
Functions of all other officers of Department of Justice and functions of all agencies and employees of such
Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize
their performance or performance of any of his functions by any of such officers, agencies, and employees,
by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title
5, Government Organization and Employees. See sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1353d

§ 1353c. Immigration officials; service in foreign
contiguous territory
Nothing in section 209 of title 18 relative to
augmenting salaries of Government officials
from outside sources shall prevent receiving reimbursements for services of immigration officials incident to the inspection of aliens in foreign contiguous territory and such reimbursement shall be credited to the appropriation,
‘‘Immigration and Naturalization Service—Salaries and Expenses.’’
(Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1424; Sept. 3,
1954, ch. 1263, § 6, 68 Stat. 1227.)
CODIFICATION
‘‘Section 209 of title 18’’ substituted in text for ‘‘section 1914 of title 18’’ on authority of section 2 of Pub.
L. 87–849, Oct. 23, 1962, 76 Stat. 1126, which repealed section 1914 and supplanted it with section 209, and which
provided that exemptions from section 1914 shall be
deemed exemptions from section 209. For further details, see Exemptions note set out under section 203 of
Title 18, Crimes and Criminal Procedure.
Section was not enacted as part of the Immigration
and Nationality Act which comprises this chapter.
Section constituted a part of section 1 of act Mar. 4,
1921, ch. 161, 41 Stat. 1424, which rendered act Mar. 3,
1917, ch. 163, § 1, 39 Stat. 1106 (section 66 of former Title
5), inapplicable to immigration officials under the circumstances stated.
Section was formerly classified to section 68 of Title
5 prior to the general revision and enactment of Title
5, Government Organization and Employees, by Pub. L.
89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 109c of this title.
AMENDMENTS
1954—Act Sept. 3, 1954, amended section generally,
substituting ‘‘section 1914 of title 18’’ for reference to
the proviso in the Act of March 3, 1917 (5 U.S.C. 66), and
substituting ‘‘Immigration and Naturalization Service—Salaries and Expenses’’ for ‘‘Expenses of regulating immigration’’.
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.

§ 1353d. Disposition of money received as extra
compensation
Moneys collected on or after July 1, 1941, as
extra compensation for overtime service of immigration officers and employees of the Immigration Service pursuant to sections 1353a and
1353b of this title, shall be deposited in the
Treasury of the United States to the credit of
the appropriation for the payment of salaries,
field personnel of the Immigration and Naturalization Service, and the appropriation so
credited shall be available for the payment of
such compensation.
(Aug. 22, 1940, ch. 688, 54 Stat. 858; June 27, 1952,
ch. 477, title IV, § 402(i)(2), 66 Stat. 278.)
CODIFICATION
Section was not enacted as part of the Immigration
and Nationality Act which comprises this chapter.
Section was formerly classified to section 342e of
Title 5 prior to the general revision and enactment of
Title 5, Government Organization and Employees, by

§ 1354

TITLE 8—ALIENS AND NATIONALITY

Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 109d of this title.
AMENDMENTS
1952—Act June 27, 1952, substituted ‘‘immigration officers’’ for ‘‘inspectors’’.
TRANSFER OF FUNCTIONS
Functions of all other officers of Department of Justice and functions of all agencies and employees of such
Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize
their performance or performance of any of his functions by any of such officers, agencies, and employees,
by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title
5, Government Organization and Employees. See sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

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

Page 378

§ 1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts
(a) Subject to such conditions and limitations
as the Attorney General shall prescribe, all exclusive privileges of exchanging money, transporting passengers or baggage, keeping eating
houses, or other like privileges in connection
with any United States immigrant station, shall
be disposed of to the lowest responsible and capable bidder (other than an alien) in accordance
with the provision of section 6101 of title 41 and
for the use of Government property in connection with the exercise of such exclusive privileges a reasonable rental may be charged. The
feeding of aliens, or the furnishing of any other
necessary service in connection with any United
States immigrant station, may be performed by
the Service without regard to the foregoing provisions of this subsection if the Attorney General shall find that it would be advantageous to
the Government in terms of economy and efficiency. No intoxicating liquors shall be sold at
any immigrant station.
(b) Such articles determined by the Attorney
General to be necessary to the health and welfare of aliens detained at any immigrant station, when not otherwise readily procurable by
such aliens, may be sold at reasonable prices to
such aliens through Government canteens operated by the Service, under such conditions and
limitations as the Attorney General shall prescribe.
(c) All rentals or other receipts accruing from
the disposal of privileges, and all moneys arising
from the sale of articles through Service-operated canteens, authorized by this section, shall
be covered into the Treasury to the credit of the
appropriation for the enforcement of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, § 285, 66 Stat.
232.)
CODIFICATION
In subsec. (a), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes, as amended
(41 U.S.C. 5),’’ on authority of Pub. L. 111–350, § 6(c),
Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

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

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

§ 1356

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

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TITLE 8—ALIENS AND NATIONALITY

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

in original.

Page 380

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

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TITLE 8—ALIENS AND NATIONALITY

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

§ 1356

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

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

§ 1356

TITLE 8—ALIENS AND NATIONALITY

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

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

Page 382

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

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

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TITLE 8—ALIENS AND NATIONALITY

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

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

§ 1356

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

§ 1356

TITLE 8—ALIENS AND NATIONALITY

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

Page 384

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

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

§ 1356

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

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TITLE 8—ALIENS AND NATIONALITY

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

Page 386

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

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TITLE 8—ALIENS AND NATIONALITY

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

§ 1356

subsection (a) [amending this section] shall take effect
on the date of the enactment of this Act [Dec. 16,
2009].’’
EFFECTIVE AND TERMINATION DATES OF 2005
AMENDMENT
Amendment by section 403(b) of Pub. L. 109–13 effective 14 days after May 11, 2005, and applicable to filings
for a fiscal year after fiscal year 2005, see section 403(c)
of Pub. L. 109–13, set out as a note under section 1184 of
this title.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by section 426(b) of Pub. L. 108–447 effective Dec. 8, 2004, and the fees imposed under such
amendment applicable to petitions under section
1184(c) of this title, and applications for nonimmigrant
visas under section 1202 of this title, filed on or after
the date that is 90 days after Dec. 8, 2004, see section
426(c) of Pub. L. 108–447, set out as a note under section
1184 of this title.
EFFECTIVE AND TERMINATION DATES OF 2003
AMENDMENT
Amendment by Pub. L. 108–77 effective on the date
the United States-Chile Free Trade Agreement enters
into force (Jan. 1, 2004), and ceases to be effective on
the date the Agreement ceases to be in force, see section 107 of Pub. L. 108–77, set out in a note under section 3805 of Title 19, Customs Duties.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 124(a)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply to expenses incurred during or after fiscal year 1997.’’
Amendment by section 308(d)(3)(A), (4)(K), (e)(1)(L),
(g)(1) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.
Amendment by section 376(b) of Pub. L. 104–208 applicable to applications made on or after the end of the 90day period beginning Sept. 30, 1996, see section 376(c) of
Pub. L. 104–208, set out as a note under section 1255 of
this title.
Amendment by section 382(b) of Pub. L. 104–208 applicable to fines and penalties collected on or after Sept.
30, 1996, see section 382(c) of Pub. L. 104–208, set out as
a note under section 1330 of this title.
Amendment by section 671(b)(11) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994,
Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 219(t) of Pub. L. 103–416 provided that the
amendment made by that section is effective as if included in the enactment of Pub. L. 102–395.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 309(a)(3) of Pub. L. 102–232, as amended by
Pub. L. 103–416, title II, § 219(z)(6), Oct. 25, 1994, 108 Stat.
4318, provided that: ‘‘The amendments made by paragraphs (1)(A) [amending this section and section 1455 of
this title] and (1)(B) [amending this section] shall be effective as if they were included in the enactment of the
Department of Justice Appropriations Act, 1989 [Pub.
L. 100–459, title II] and the Department of Justice Appropriations Act, 1990 [Pub. L. 101–162, title II], respectively.’’

§ 1357

TITLE 8—ALIENS AND NATIONALITY
EFFECTIVE DATE OF 1990 AMENDMENT

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

Page 388

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

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

EFFECTIVE DATE OF 1981 AMENDMENT

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

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

§ 1357. Powers of immigration officers and employees

ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS

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

For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided by law. See section 14 of Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.
RESTORATION OF PROVISION REGARDING FEES TO COVER
THE FULL COSTS OF ALL ADJUDICATION SERVICES
Pub. L. 108–7, div. L, § 107, Feb. 20, 2003, 117 Stat. 532,
provided in part: ‘‘That no court shall have jurisdiction
over any cause or claim arising under the provisions of
section 457 of the Homeland Security Act of 2002 (Public Law 107–296) [amending this section], this section
[repealing section 457 of Pub. L. 107–296], or any regulations promulgated thereunder.’’
REPORTING REQUIREMENT
Pub. L. 105–277, div. C, title IV, § 414(e), as added by
Pub. L. 106–313, title I, § 110(c), Oct. 17, 2000, 114 Stat.
1256, provided that:

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TITLE 8—ALIENS AND NATIONALITY

the purpose of patrolling the border to prevent
the illegal entry of aliens into the United
States;
(4) to make arrests for felonies which have
been committed and which are cognizable
under any law of the United States regulating
the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe
that the person so arrested is guilty of such
felony and if there is likelihood of the person
escaping before a warrant can be obtained for
his arrest, but the person arrested shall be
taken without unnecessary delay before the
nearest available officer empowered to commit persons charged with offenses against the
laws of the United States; and
(5) to make arrests—
(A) for any offense against the United
States, if the offense is committed in the officer’s or employee’s presence, or
(B) for any felony cognizable under the
laws of the United States, if the officer or
employee has reasonable grounds to believe
that the person to be arrested has committed or is committing such a felony,
if the officer or employee is performing duties
relating to the enforcement of the immigration laws at the time of the arrest and if there
is a likelihood of the person escaping before a
warrant can be obtained for his arrest.
Under regulations prescribed by the Attorney
General, an officer or employee of the Service
may carry a firearm and may execute and serve
any order, warrant, subpoena, summons, or
other process issued under the authority of the
United States. The authority to make arrests
under paragraph (5)(B) shall only be effective on
and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees
of the Service who may use force (including
deadly force) and the circumstances under which
such force may be used, (ii) establish standards
with respect to enforcement activities of the
Service, (iii) require that any officer or employee of the Service is not authorized to make
arrests under paragraph (5)(B) unless the officer
or employee has received certification as having
completed a training program which covers such
arrests and standards described in clause (ii),
and (iv) establish an expedited, internal review
process for violations of such standards, which
process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations.
(b) Administration of oath; taking of evidence
Any officer or employee of the Service designated by the Attorney General, whether individually or as one of a class, shall have power
and authority to administer oaths and to take
and consider evidence concerning the privilege
of any person to enter, reenter, pass through, or
reside in the United States, or concerning any
matter which is material or relevant to the enforcement of this chapter and the administration of the Service; and any person to whom
such oath has been administered, (or who has executed an unsworn declaration, certificate, verification, or statement under penalty of perjury

§ 1357

as permitted under section 1746 of title 28) under
the provisions of this chapter, who shall knowingly or willfully give false evidence or swear (or
subscribe under penalty of perjury as permitted
under section 1746 of title 28) to any false statement concerning any matter referred to in this
subsection shall be guilty of perjury and shall be
punished as provided by section 1621 of title 18.
(c) Search without warrant
Any officer or employee of the Service authorized and designated under regulations prescribed
by the Attorney General, whether individually
or as one of a class, shall have power to conduct
a search, without warrant, of the person, and of
the personal effects in the possession of any person seeking admission to the United States, concerning whom such officer or employee may
have reasonable cause to suspect that grounds
exist for denial of admission to the United
States under this chapter which would be disclosed by such search.
(d) Detainer of aliens for violation of controlled
substances laws
In the case of an alien who is arrested by a
Federal, State, or local law enforcement official
for a violation of any law relating to controlled
substances, if the official (or another official)—
(1) has reason to believe that the alien may
not have been lawfully admitted to the United
States or otherwise is not lawfully present in
the United States,
(2) expeditiously informs an appropriate officer or employee of the Service authorized and
designated by the Attorney General of the arrest and of facts concerning the status of the
alien, and
(3) requests the Service to determine
promptly whether or not to issue a detainer to
detain the alien,
the officer or employee of the Service shall
promptly determine whether or not to issue
such a detainer. If such a detainer is issued and
the alien is not otherwise detained by Federal,
State, or local officials, the Attorney General
shall effectively and expeditiously take custody
of the alien.
(e) Restriction on warrantless entry in case of
outdoor agricultural operations
Notwithstanding any other provision of this
section other than paragraph (3) of subsection
(a) of this section, an officer or employee of the
Service may not enter without the consent of
the owner (or agent thereof) or a properly executed warrant onto the premises of a farm or
other outdoor agricultural operation for the
purpose of interrogating a person believed to be
an alien as to the person’s right to be or to remain in the United States.
(f) Fingerprinting and photographing of certain
aliens
(1) Under regulations of the Attorney General,
the Commissioner shall provide for the fingerprinting and photographing of each alien 14
years of age or older against whom a proceeding
is commenced under section 1229a of this title.
(2) Such fingerprints and photographs shall be
made available to Federal, State, and local law
enforcement agencies, upon request.

§ 1357

TITLE 8—ALIENS AND NATIONALITY

(g) Performance of immigration officer functions
by State officers and employees
(1) Notwithstanding section 1342 of title 31, the
Attorney General may enter into a written
agreement with a State, or any political subdivision of a State, pursuant to which an officer
or employee of the State or subdivision, who is
determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States
(including the transportation of such aliens
across State lines to detention centers), may
carry out such function at the expense of the
State or political subdivision and to the extent
consistent with State and local law.
(2) An agreement under this subsection shall
require that an officer or employee of a State or
political subdivision of a State performing a
function under the agreement shall have knowledge of, and adhere to, Federal law relating to
the function, and shall contain a written certification that the officers or employees performing
the function under the agreement have received
adequate training regarding the enforcement of
relevant Federal immigration laws.
(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to
the direction and supervision of the Attorney
General.
(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal
property or facilities, as provided in a written
agreement between the Attorney General and
the State or subdivision.
(5) With respect to each officer or employee of
a State or political subdivision who is authorized to perform a function under this subsection,
the specific powers and duties that may be, or
are required to be, exercised or performed by the
individual, the duration of the authority of the
individual, and the position of the agency of the
Attorney General who is required to supervise
and direct the individual, shall be set forth in a
written agreement between the Attorney General and the State or political subdivision.
(6) The Attorney General may not accept a
service under this subsection if the service will
be used to displace any Federal employee.
(7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this
subsection shall not be treated as a Federal employee for any purpose other than for purposes
of chapter 81 of title 5 (relating to compensation
for injury) and sections 2671 through 2680 of title
28 (relating to tort claims).
(8) An officer or employee of a State or political subdivision of a State acting under color of
authority under this subsection, or any agreement entered into under this subsection, shall
be considered to be acting under color of Federal
authority for purposes of determining the liability, and immunity from suit, of the officer or
employee in a civil action brought under Federal or State law.
(9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with
the Attorney General under this subsection.

Page 390

(10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a
State or political subdivision of a State—
(A) to communicate with the Attorney General regarding the immigration status of any
individual, including reporting knowledge that
a particular alien is not lawfully present in
the United States; or
(B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.
(h) Protecting abused juveniles
An alien described in section 1101(a)(27)(J) of
this title who has been battered, abused, neglected, or abandoned, shall not be compelled to
contact the alleged abuser (or family member of
the alleged abuser) at any stage of applying for
special immigrant juvenile status, including
after a request for the consent of the Secretary
of
Homeland
Security
under
section
1101(a)(27)(J)(iii)(I) of this title.
(June 27, 1952, ch. 477, title II, ch. 9, § 287, 66 Stat.
233; Pub. L. 94–550, § 7, Oct. 18, 1976, 90 Stat. 2535;
Pub. L. 99–570, title I, § 1751(d), Oct. 27, 1986, 100
Stat. 3207–47; Pub. L. 99–603, title I, § 116, Nov. 6,
1986, 100 Stat. 3384; Pub. L. 100–525, §§ 2(e), 5, Oct.
24, 1988, 102 Stat. 2610, 2615; Pub. L. 101–649, title
V, § 503(a), (b)(1), Nov. 29, 1990, 104 Stat. 5048,
5049; Pub. L. 102–232, title III, § 306(a)(3), Dec. 12,
1991, 105 Stat. 1751; Pub. L. 104–208, div. C, title
I, § 133, title III, § 308(d)(4)(L), (e)(1)(M),
(g)(5)(A)(i), Sept. 30, 1996, 110 Stat. 3009–563,
3009–618, 3009–619, 3009–623; Pub. L. 109–162, title
VIII, § 826, Jan. 5, 2006, 119 Stat. 3065; Pub. L.
109–271, § 6(g), Aug. 12, 2006, 120 Stat. 763.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was
in the original, ‘‘this Act’’, meaning act June 27, 1952,
ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
2006—Subsecs. (h), (i). Pub. L. 109–271 redesignated
subsec. (i) as (h).
Subsec. (i). Pub. L. 109–162, which directed the amendment of this section ‘‘as amended by section 726’’ by
adding cl. (i) at end, was executed by adding subsec. (i)
at end to reflect the probable intent of Congress. Pub.
L. 109–162 does not contain a section 726.
1996—Subsec.
(a)(2),
(4).
Pub.
L.
104–208,
§ 308(d)(4)(L)(i), substituted ‘‘expulsion, or removal’’ for
‘‘or expulsion’’.
Subsec. (c). Pub. L. 104–208, § 308(d)(4)(L)(ii), substituted ‘‘denial of admission to’’ for ‘‘exclusion from’’.
Subsec. (f)(1). Pub. L. 104–208, § 308(g)(5)(A)(i), substituted ‘‘section 1229a’’ for ‘‘section 1252’’.
Subsec. (g). Pub. L. 104–208, § 308(e)(1)(M), which directed amendment of subsec. (g) by substituting ‘‘removal’’ for ‘‘deportation’’ wherever appearing, could
not be executed because the word ‘‘deportation’’ did not
appear in subsec. (g).
Pub. L. 104–208, § 133, added subsec. (g).
1991—Subsec. (a)(4). Pub. L. 102–232 substituted a
semicolon for comma at end.
1990—Subsec. (a). Pub. L. 101–649, § 503(a), struck out
‘‘and’’ at end of par. (3), substituted ‘‘United States,
and’’ for ‘‘United States. Any such employee shall also

Page 391

TITLE 8—ALIENS AND NATIONALITY

have the power to execute any warrant or other process
issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens.’’ at end of
par. (4), and added par. (5) and concluding provisions.
Subsec. (f). Pub. L. 101–649, § 503(b)(1), added subsec.
(f).
1988—Subsec. (d). Pub. L. 100–525, § 5, added par. (3)
and closing provisions and struck out former par. (3)
which read as follows: ‘‘requests the Service to determine promptly whether or not to issue a detainer to detain the alien, the officer or employee of the Service
shall promptly determine whether or not to issue such
a detainer. If such a detainer is issued and the alien is
not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien.’’
Subsec. (e). Pub. L. 100–525, § 2(e)(2), made technical
amendment to directory language of Pub. L. 99–603,
§ 116, and redesignated the subsec. (d) added by such
§ 116, as (e). See 1986 Amendment note below.
1986—Subsec. (d). Pub. L. 99–570 added subsec. (d).
Subsec. (e). Pub. L. 99–603, as amended by Pub. L.
100–525, § 2(e), added subsec. (e), which prior to amendment by Pub. L. 100–525, was designated as a second
subsec. (d) of this section.
1976—Subsec. (b). Pub. L. 94–550 inserted ‘‘(or who has
executed an unsworn declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28)’’ after ‘‘to whom
such oath has been administered’’ and ‘‘(or subscribe
under penalty of perjury as permitted under section
1746 of title 28)’’ after ‘‘give false evidence or swear’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment
by
section
308(d)(4)(L),
(e)(1)(M),
(g)(5)(A)(i) 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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 1988 AMENDMENT
Amendment by section 2(e) of 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 a note under section 1101 of
this title.
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.

§ 1358. Local jurisdiction over immigrant stations
The officers in charge of the various immigrant stations shall admit therein the proper
State and local officers charged with the enforcement of the laws of the State or Territory
of the United States in which any such immigrant station is located in order that such State
and local officers may preserve the peace and
make arrests for crimes under the laws of the
States and Territories. For the purpose of this
section the jurisdiction of such State and local
officers and of the State and local courts shall
extend over such immigrant stations.
(June 27, 1952, ch. 477, title II, ch. 9, § 288, 66 Stat.
234.)

§ 1360

§ 1359. Application to American Indians born in
Canada
Nothing in this subchapter shall be construed
to affect the right of American Indians born in
Canada to pass the borders of the United States,
but such right shall extend only to persons who
possess at least 50 per centum of blood of the
American Indian race.
(June 27, 1952, ch. 477, title II, ch. 9, § 289, 66 Stat.
234.)
§ 1360. Establishment of central file; information
from other departments and agencies
(a) Establishment of central file
There shall be established in the office of the
Commissioner, for the use of security and enforcement agencies of the Government of the
United States, a central index, which shall contain the names of all aliens heretofore admitted
or denied admission to the United States, insofar as such information is available from the existing records of the Service, and the names of
all aliens hereafter admitted or denied admission to the United States, the names of their
sponsors of record, if any, and such other relevant information as the Attorney General shall
require as an aid to the proper enforcement of
this chapter.
(b) Information from other departments and
agencies
Any information in any records kept by any
department or agency of the Government as to
the identity and location of aliens in the United
States shall be made available to the Service
upon request made by the Attorney General to
the head of any such department or agency.
(c) Reports on social security account numbers
and earnings of aliens not authorized to
work
(1) Not later than 3 months after the end of
each fiscal year (beginning with fiscal year 1996),
the Commissioner of Social Security shall report to the Committees on the Judiciary of the
House of Representatives and the Senate on the
aggregate quantity of social security account
numbers issued to aliens not authorized to be
employed, with respect to which, in such fiscal
year, earnings were reported to the Social Security Administration.
(2) If earnings are reported on or after January
1, 1997, to the Social Security Administration on
a social security account number issued to an
alien not authorized to work in the United
States, the Commissioner of Social Security
shall provide the Attorney General with information regarding the name and address of the
alien, the name and address of the person reporting the earnings, and the amount of the
earnings. The information shall be provided in
an electronic form agreed upon by the Commissioner and the Attorney General.
(d) Certification of search of Service records
A written certification signed by the Attorney
General or by any officer of the Service designated by the Attorney General to make such
certification, that after diligent search no
record or entry of a specified nature is found to

§ 1361

TITLE 8—ALIENS AND NATIONALITY

exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Service contain no
such record or entry, and shall have the same effect as the testimony of a witness given in open
court.
(June 27, 1952, ch. 477, title II, ch. 9, § 290, 66 Stat.
234; Pub. L. 100–525, § 9(q), Oct. 24, 1988, 102 Stat.
2621; Pub. L. 104–208, div. C, title III,
§ 308(d)(4)(M), title IV, § 414(a), Sept. 30, 1996, 110
Stat. 3009–618, 3009–669.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208, § 308(d)(4)(M), substituted ‘‘admitted or denied admission to the United
States’’ for ‘‘admitted to the United States, or excluded
therefrom’’ in two places.
Subsec. (c). Pub. L. 104–208, § 414(a), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as
follows: ‘‘The Secretary of Health and Human Services
shall notify the Attorney General upon request whenever any alien is issued a social security account number and social security card. The Secretary shall also
furnish such available information as may be requested
by the Attorney General regarding the identity and location of aliens in the United States.’’
1988—Subsec. (c). Pub. L. 100–525 substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Federal Security Administrator’’ and ‘‘The Secretary’’ for ‘‘The
Administrator’’.

Page 392

special immigrant, immediate relative, or refugee status claimed, as the case may be. If such
person fails to establish to the satisfaction of
the consular officer that he is eligible to receive
a visa or other document required for entry, no
visa or other document required for entry shall
be issued to such person, nor shall such person
be admitted to the United States unless he establishes to the satisfaction of the Attorney
General that he is not inadmissible under any
provision of this chapter. In any removal proceeding under part IV of this subchapter against
any person, the burden of proof shall be upon
such person to show the time, place, and manner
of his entry into the United States, but in presenting such proof he shall be entitled to the
production of his visa or other entry document,
if any, and of any other documents and records,
not considered by the Attorney General to be
confidential, pertaining to such entry in the
custody of the Service. If such burden of proof is
not sustained, such person shall be presumed to
be in the United States in violation of law.
(June 27, 1952, ch. 477, title II, ch. 9, § 291, 66 Stat.
234; Pub. L. 97–116, § 18(k)(1), Dec. 29, 1981, 95
Stat. 1620; Pub. L. 104–208, div. C, title III,
§ 308(d)(4)(N), (e)(1)(N), (g)(9)(A), Sept. 30, 1996,
110 Stat. 3009–618, 3009–619, 3009–624.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.

EFFECTIVE DATE OF 1996 AMENDMENT

AMENDMENTS

Amendment by section 308(d)(4)(M) 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.

1996—Pub. L. 104–208, § 308(g)(9)(A), substituted ‘‘part
IV’’ for ‘‘Part V’’.
Pub. L. 104–208, § 308(e)(1)(N), substituted ‘‘removal’’
for ‘‘deportation’’.
Pub. L. 104–208, § 308(d)(4)(N), substituted ‘‘inadmissible’’ for ‘‘subject to exclusion’’ in two places.
1981—Pub. L. 97–116 substituted ‘‘immigrant, special
immigrant, immediate relative, or refugee’’ for ‘‘quota
immigrant, or nonquota immigrant’’.

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.
REPORT ON FRAUDULENT USE OF SOCIAL SECURITY
ACCOUNT NUMBERS
Pub. L. 104–208, div. C, title IV, § 414(b), Sept. 30, 1996,
110 Stat. 3009–669, as amended by Pub. L. 108–156, § 3(d),
Dec. 3, 2003, 117 Stat. 1945, directed the Commissioner of
Social Security to transmit to the Secretary of Homeland Security, by not later than 1 year after Sept. 30,
1996, a report on the extent to which social security account numbers and cards were used by aliens for fraudulent purposes.

§ 1361. Burden of proof upon alien
Whenever any person makes application for a
visa or any other document required for entry,
or makes application for admission, or otherwise attempts to enter the United States, the
burden of proof shall be upon such person to establish that he is eligible to receive such visa or
such document, or is not inadmissible under any
provision of this chapter, and, if an alien, that
he is entitled to the nonimmigrant, immigrant,

EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.

§ 1362. Right to counsel
In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings, the person concerned shall

Page 393

TITLE 8—ALIENS AND NATIONALITY

have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he
shall choose.
(June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat.
235; Pub. L. 104–208, div. C, title III,
§§ 308(d)(4)(O), 371(b)(9), Sept. 30, 1996, 110 Stat.
3009–619, 3009–645.)
AMENDMENTS
1996—Pub. L. 104–208, § 371(b)(9), substituted ‘‘an immigration judge’’ for ‘‘a special inquiry officer’’.
Pub. L. 104–208, § 308(d)(4)(O), substituted ‘‘removal’’
for ‘‘exclusion or deportation’’ in two places.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(O) 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 371(b)(9) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, set out as a note under section 1101 of this title.
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.

§ 1363. Deposit of and interest on cash received
to secure immigration bonds
(a) Cash received by the Attorney General as
security on an immigration bond shall be deposited in the Treasury of the United States in
trust for the obligor on the bond, and shall bear
interest payable at a rate determined by the
Secretary of the Treasury, except that in no
case shall the interest rate exceed 3 per centum
per annum. Such interest shall accrue from date
of deposit occurring after April 27, 1966, to and
including date of withdrawal or date of breach of
the immigration bond, whichever occurs first:
Provided, That cash received by the Attorney
General as security on an immigration bond,
and deposited by him in the postal savings system prior to discontinuance of the system, shall
accrue interest as provided in this section from
the date such cash ceased to accrue interest
under the system. Appropriations to the Treasury Department for interest on uninvested funds
shall be available for payment of said interest.
(b) The interest accruing on cash received by
the Attorney General as security on an immigration bond shall be subject to the same disposition as prescribed for the principal cash, except that interest accruing to the date of breach
of the immigration bond shall be paid to the obligor on the bond.
(June 27, 1952, ch. 477, title II, ch. 9, § 293, as
added Pub. L. 91–313, § 2, July 10, 1970, 84 Stat.
413.)
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.

§ 1363a

§ 1363a. Undercover investigation authority
(a) In general
With respect to any undercover investigative
operation of the Service which is necessary for
the detection and prosecution of crimes against
the United States—
(1) sums appropriated for the Service may be
used for leasing space within the United
States and the territories and possessions of
the United States without regard to the following provisions of law:
(A) section 1341(a) of title 31,
(B) section 6301(a) and (b)(1) to (3) of title
41,
(C) chapter 45 of title 41,
(D) section 8141 of title 40,
(E) section 3324(a) and (b) of title 31,
(F) section 6306 of title 41, and
(G) section 3901 of title 41;
(2) sums appropriated for the Service may be
used to establish or to acquire proprietary corporations or business entities as part of an undercover operation, and to operate such corporations or business entities on a commercial
basis, without regard to the provisions of section 9102 of title 31;
(3) sums appropriated for the Service, and
the proceeds from the undercover operation,
may be deposited in banks or other financial
institutions without regard to the provisions
of section 648 of title 18 and of section 3302(a)
of title 31; and
(4) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation
without regard to the provisions of section
3302(b) of title 31.
The authority set forth in this subsection may
be exercised only upon written certification of
the Commissioner, in consultation with the Deputy Attorney General, that any action authorized by paragraph (1), (2), (3), or (4) is necessary
for the conduct of the undercover operation.
(b) Disposition of proceeds no longer required
As soon as practicable after the proceeds from
an undercover investigative operation, carried
out under paragraphs (3) and (4) of subsection (a)
of this section, are no longer necessary for the
conduct of the operation, the proceeds or the
balance of the proceeds remaining at the time
shall be deposited into the Treasury of the
United States as miscellaneous receipts.
(c) Disposition of certain corporations and business entities
If a corporation or business entity established
or acquired as part of an undercover operation
under paragraph (2) of subsection (a) of this section with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or
Commissioner’s
designee
determines
practicable, shall report the circumstances to the
Attorney General, the Director of the Office of
Management and Budget, and the Comptroller
General. The proceeds of the liquidation, sale, or
other disposition, after obligations are met,
shall be deposited in the Treasury of the United
States as miscellaneous receipts.

TITLE 8—ALIENS AND NATIONALITY

§ 1363b
(d) Financial audits

The Service shall conduct detailed financial
audits of closed undercover operations on a
quarterly basis and shall report the results of
the audits in writing to the Deputy Attorney
General.
(June 27, 1952, ch. 477, title II, ch. 9, § 294, as
added Pub. L. 104–208, div. C, title II, § 205(a),
Sept. 30, 1996, 110 Stat. 3009–567.)
CODIFICATION
In subsec. (a)(1)(A), (E), (2) to (4), ‘‘section 1341(a) of
title 31’’ substituted for ‘‘section 3679(a) of the Revised
Statutes (31 U.S.C. 1341)’’, ‘‘section 3324(a) and (b) of
title 31’’ substituted for ‘‘section 3648 of the Revised
Statutes (31 U.S.C. 3324)’’, ‘‘section 9102 of title 31’’ substituted for ‘‘section 304 of the Government Corporation Control Act (31 U.S.C. 9102)’’, ‘‘section 3302(a) of
title 31’’ substituted for ‘‘section 3639 of the Revised
Statutes (31 U.S.C. 3302)’’, and ‘‘section 3302(b) of title
31’’ substituted for ‘‘section 3617 of the Revised Statutes (31 U.S.C. 3302)’’, on authority of Pub. L. 97–258,
§ 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
In subsec. (a)(1)(B), (C), (F), ‘‘section 6301(a) and (b)(1)
to (3) of title 41’’ substituted for ‘‘section 3732(a) of the
Revised Statutes (41 U.S.C. 11(a))’’, ‘‘chapter 45 of title
41’’ substituted for ‘‘section 305 of the Act of June 30,
1949 (63 Stat. 396; 41 U.S.C. 255)’’, and ‘‘section 6306 of
title 41’’ substituted for ‘‘section 3741 of the Revised
Statutes (41 U.S.C. 22)’’ on authority of Pub. L. 111–350,
§ 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted
Title 41, Public Contracts.
In subsec. (a)(1)(D), ‘‘section 8141 of title 40’’ substituted for ‘‘the third undesignated paragraph under
the heading ‘Miscellaneous’ of the Act of March 3, 1877
(19 Stat. 370; 40 U.S.C. 34)’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsec. (a)(1)(G), ‘‘section 3901 of title 41’’ substituted for ‘‘subsections (a) and (c) of section 304 of the
Federal Property and Administrative Services Act of
1949 (63 Stat. 395; 41 U.S.C. 254(a) and (c))’’ on authority
of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts and because subsec. (c) was previously repealed by Pub. L.
103–355, title II, § 2251(b), Oct. 13, 1994, 108 Stat. 3320.
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.

Page 394

§ 1364. Triennial comprehensive report on immigration
(a) Triennial report
The President shall transmit to the Congress,
not later than January 1, 1989, and not later
than January 1 of every third year thereafter, a
comprehensive immigration-impact report.
(b) Details in each report
Each report shall include—
(1) the number and classification of aliens
admitted (whether as immediate relatives,
special immigrants, refugees, or under the
preferences classifications, or as nonimmigrants), paroled, or granted asylum, during
the relevant period;
(2) a reasonable estimate of the number of
aliens who entered the United States during
the period without visas or who became deportable during the period under section 237 of
the Immigration and Nationality Act [8 U.S.C.
1227]; and
(3) a description of the impact of admissions
and other entries of immigrants, refugees,
asylees, and parolees into the United States
during the period on the economy, labor and
housing markets, the educational system, social services, foreign policy, environmental
quality and resources, the rate, size, and distribution of population growth in the United
States, and the impact on specific States and
local units of government of high rates of immigration resettlement.
(c) History and projections
The information (referred to in subsection (b)
of this section) contained in each report shall
be—
(1) described for the preceding three-year period, and
(2) projected for the succeeding five-year period, based on reasonable estimates substantiated by the best available evidence.
(d) Recommendations
The President also may include in such report
any appropriate recommendations on changes in
numerical limitations or other policies under
title II of the Immigration and Nationality Act
[8 U.S.C. 1151 et seq.] bearing on the admission
and entry of such aliens to the United States.
(Pub. L. 99–603, title IV, § 401, Nov. 6, 1986, 100
Stat. 3440; Pub. L. 104–208, div. C, title III,
§ 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622.)
REFERENCES IN TEXT

§ 1363b. Repealed. Pub. L. 105–277, div. A, § 101(b)
[title I, § 109(b)], Oct. 21, 1998, 112 Stat.
2681–50, 2681–67
Section, act June 27, 1952, ch. 477, title II, ch. 9, § 295,
as added Pub. L. 104–208, div. C, title VI, § 626(a), Sept.
30, 1996, 110 Stat. 3009–700, related to transportation of
remains of immigration officers and border patrol
agents killed in the line of duty. Pub. L. 105–277, which
directed the repeal of section 626 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, which is section 626 of Pub. L. 104–208, div. C, title
VI, Sept. 30, 1996, 110 Stat. 3009–700, was executed by repealing this section, which was section 295 of the Immigration and Nationality Act and was enacted by section
626(a) of Pub. L. 104–208, to reflect the probable intent
of Congress.

The Immigration and Nationality Act, referred to in
subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163, as
amended. Title II of the Act is classified principally to
subchapter II (§ 1151 et seq.) of 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 enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this
chapter.
AMENDMENTS
1996—Subsec. (b)(2). Pub. L. 104–208 substituted ‘‘section 237’’ for ‘‘section 241’’.

Page 395

TITLE 8—ALIENS AND NATIONALITY

EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EX. ORD. NO. 12789. DELEGATION OF REPORTING FUNCTIONS UNDER THE IMMIGRATION REFORM AND CONTROL
ACT OF 1986
Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, as
amended by Ex. Ord. No. 13286, § 32, Feb. 28, 2003, 68 F.R.
10625, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 301 of title 3, United States Code, and
title IV of the Immigration Reform and Control Act of
1986, Public Law 99–603 (‘‘Reform Act’’) [title IV of Pub.
L. 99–603, Nov. 6, 1986, 100 Stat. 3440, which enacted section 1364 of this title and provisions set out as notes
under sections 1101, 1187, 1188, 1255a, and 1324a of this
title], it is hereby ordered as follows:
SECTION 1. The Secretary of Homeland Security shall:
(a) perform, in coordination with the Secretary of
Labor, the functions vested in the President by section
401 of the Reform Act (8 U.S.C. 1364);
(b) perform, except for the functions in section
402(3)(A), the functions vested in the President by section 402 of the Reform Act (8 U.S.C. 1324a note); and
(c) perform, insofar as they relate to the initial report described in section 404(b), the functions vested in
the President by section 404 of the Reform Act (8 U.S.C.
1255a note).
SEC. 2. The Secretary of Labor shall: (a) perform the
functions vested in the President by section 402(3)(A) of
the Reform Act (8 U.S.C. 1324a note);
(b) perform the functions vested in the President by
section 403 of the Reform Act (8 U.S.C. 1188 note); and
(c) perform, insofar as they relate to the second report described in section 404(c), the functions vested in
the President by section 404 of the Reform Act (8 U.S.C.
1255a note).
SEC. 3. The functions delegated by sections 1 and 2 of
this order shall be performed in accordance with the
procedures set forth in OMB Circular A–19.
SEC. 4. This order shall be effective immediately.
GEORGE BUSH.

§ 1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban
nationals
(a) Reimbursement of States
Subject to the amounts provided in advance in
appropriation Acts, the Attorney General shall
reimburse a State for the costs incurred by the
State for the imprisonment of any illegal alien
or Cuban national who is convicted of a felony
by such State.
(b) Illegal aliens convicted of a felony
An illegal alien referred to in subsection (a) of
this section is any alien who is any alien convicted of a felony who is in the United States
unlawfully and—
(1) whose most recent entry into the United
States was without inspection, or
(2) whose most recent admission to the
United States was as a nonimmigrant and—
(A) whose period of authorized stay as a
nonimmigrant expired, or
(B) whose unlawful status was known to
the Government,
before the date of the commission of the crime
for which the alien is convicted.

§ 1365a

(c) Marielito Cubans convicted of a felony
A Marielito Cuban convicted of a felony referred to in subsection (a) of this section is a national of Cuba who—
(1) was allowed by the Attorney General to
come to the United States in 1980,
(2) after such arrival committed any violation of State or local law for which a term of
imprisonment was imposed, and
(3) at the time of such arrival and at the
time of such violation was not an alien lawfully admitted to the United States—
(A) for permanent or temporary residence,
or
(B) under the terms of an immigrant visa
or a nonimmigrant visa issued,
under the laws of the United States.
(d) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out the purposes
of this section.
(e) ‘‘State’’ defined
The term ‘‘State’’ has the meaning given such
term in section 1101(a)(36) of this title.
(Pub. L. 99–603, title V, § 501, Nov. 6, 1986, 100
Stat. 3443.)
CODIFICATION
Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this
chapter.
REGULATIONS
Pub. L. 103–317, title VIII, Aug. 26, 1994, 108 Stat. 1778,
provided in part: ‘‘That the Attorney General shall promulgate regulations to (a) prescribe requirements for
program participation eligibility for States, (b) require
verification by States of the eligible incarcerated population data with the Immigration and Naturalization
Service, (c) prescribe a formula for distributing assistance to eligible States, and (d) award assistance to eligible States’’.
[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.]

§ 1365a. Integrated entry and exit data system
(a) Requirement
The Attorney General shall implement an integrated entry and exit data system.
(b) Integrated entry and exit data system defined
For purposes of this section, the term ‘‘integrated entry and exit data system’’ means an
electronic system that—
(1) provides access to, and integrates, alien
arrival and departure data that are—
(A) authorized or required to be created or
collected under law;
(B) in an electronic format; and
(C) in a data base of the Department of
Justice or the Department of State, including those created or used at ports of entry
and at consular offices;
(2) uses available data described in paragraph (1) to produce a report of arriving and
departing aliens by country of nationality,
classification as an immigrant or non-

§ 1365a

TITLE 8—ALIENS AND NATIONALITY

immigrant, and date of arrival in, and departure from, the United States;
(3) matches an alien’s available arrival data
with the alien’s available departure data;
(4) assists the Attorney General (and the
Secretary of State, to the extent necessary to
carry out such Secretary’s obligations under
immigration law) to identify, through on-line
searching procedures, lawfully admitted nonimmigrants who may have remained in the
United States beyond the period authorized by
the Attorney General; and
(5) otherwise uses available alien arrival and
departure data described in paragraph (1) to
permit the Attorney General to make the reports required under subsection (e) of this section.
(c) Construction
(1) No additional authority to impose documentary or data collection requirements
Nothing in this section shall be construed to
permit the Attorney General or the Secretary
of State to impose any new documentary or
data collection requirements on any person in
order to satisfy the requirements of this section, including—
(A) requirements on any alien for whom
the documentary requirements in section
1182(a)(7)(B) of this title have been waived by
the Attorney General and the Secretary of
State under section 1182(d)(4)(B) of this title;
or
(B) requirements that are inconsistent
with the North American Free Trade Agreement.
(2) No reduction of authority
Nothing in this section shall be construed to
reduce or curtail any authority of the Attorney General or the Secretary of State under
any other provision of law.
(d) Deadlines
(1) Airports and seaports
Not later than December 31, 2003, the Attorney General shall implement the integrated
entry and exit data system using available
alien arrival and departure data described in
subsection (b)(1) of this section pertaining to
aliens arriving in, or departing from, the
United States at an airport or seaport. Such
implementation shall include ensuring that
such data, when collected or created by an immigration officer at an airport or seaport, are
entered into the system and can be accessed
by immigration officers at other airports and
seaports.
(2) High-traffic land border ports of entry
Not later than December 31, 2004, the Attorney General shall implement the integrated
entry and exit data system using the data described in paragraph (1) and available alien arrival and departure data described in subsection (b)(1) of this section pertaining to
aliens arriving in, or departing from, the
United States at the 50 land border ports of
entry determined by the Attorney General to
serve the highest numbers of arriving and departing aliens. Such implementation shall include ensuring that such data, when collected

Page 396

or created by an immigration officer at such a
port of entry, are entered into the system and
can be accessed by immigration officers at airports, seaports, and other such land border
ports of entry.
(3) Remaining data
Not later than December 31, 2005, the Attorney General shall fully implement the integrated entry and exit data system using all
data described in subsection (b)(1) of this section. Such implementation shall include ensuring that all such data are available to immigration officers at all ports of entry into
the United States.
(e) Reports
(1) In general
Not later than December 31 of each year following the commencement of implementation
of the integrated entry and exit data system,
the Attorney General shall use the system to
prepare an annual report to the Committees
on the Judiciary of the House of Representatives and of the Senate.
(2) Information
Each report shall include the following information with respect to the preceding fiscal
year, and an analysis of that information:
(A) The number of aliens for whom departure data was collected during the reporting
period, with an accounting by country of nationality of the departing alien.
(B) The number of departing aliens whose
departure data was successfully matched to
the alien’s arrival data, with an accounting
by the alien’s country of nationality and by
the alien’s classification as an immigrant or
nonimmigrant.
(C) The number of aliens who arrived pursuant to a nonimmigrant visa, or as a visitor
under the visa waiver program under section
1187 of this title, for whom no matching departure data have been obtained through the
system or through other means as of the end
of the alien’s authorized period of stay, with
an accounting by the alien’s country of nationality and date of arrival in the United
States.
(D) The number of lawfully admitted nonimmigrants identified as having remained in
the United States beyond the period authorized by the Attorney General, with an accounting by the alien’s country of nationality.
(f) Authority to provide access to system
(1) In general
Subject to subsection (d) of this section, the
Attorney General, in consultation with the
Secretary of State, shall determine which officers and employees of the Departments of Justice and State may enter data into, and have
access to the data contained in, the integrated
entry and exit data system.
(2) Other law enforcement officials
The Attorney General, in the discretion of
the Attorney General, may permit other Federal, State, and local law enforcement officials
to have access to the data contained in the in-

Page 397

TITLE 8—ALIENS AND NATIONALITY

tegrated entry and exit data system for law
enforcement purposes.
(g) Use of task force recommendations
The Attorney General shall continuously update and improve the integrated entry and exit
data system as technology improves and using
the recommendations of the task force established under section 3 of the Immigration and
Naturalization Service Data Management Improvement Act of 2000.
(h) Authorization of appropriations
There are authorized to be appropriated to
carry out this section such sums as may be necessary for fiscal years 2001 through 2008.
(Pub. L. 104–208, div. C, title I, § 110, Sept. 30,
1996, 110 Stat. 3009–558; Pub. L. 105–259, § 1, Oct.
15, 1998, 112 Stat. 1918; Pub. L. 105–277, div. A,
§ 101(b) [title I, § 116], Oct. 21, 1998, 112 Stat.
2681–50, 2681–68; Pub. L. 106–215, § 2(a), June 15,
2000, 114 Stat. 337.)
REFERENCES IN TEXT
Section 3 of the Immigration and Naturalization
Service Data Management Improvement Act of 2000, referred to in subsec. (g), is section 3 of Pub. L. 106–215,
set out as a note below.
CODIFICATION
Section was formerly set out as a note under section
1221 of this title.
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
AMENDMENTS
2000—Pub. L. 106–215 amended section catchline and
text generally. Prior to amendment, text read as follows:
‘‘(a) SYSTEM.—Not later than October 15, 1998 (and not
later than March 30, 2001, in the case of land border
ports of entry and sea ports), the Attorney General
shall develop an automated entry and exit control system that will—
‘‘(1) collect a record of departure for every alien departing the United States and match the records of
departure with the record of the alien’s arrival in the
United States;
‘‘(2) enable the Attorney General to identify,
through on-line searching procedures, lawfully admitted nonimmigrants who remain in the United
States beyond the period authorized by the Attorney
General; and
‘‘(3) not significantly disrupt trade, tourism, or
other legitimate cross-border traffic at land border
ports of entry.
‘‘(b) REPORT.—
‘‘(1) DEADLINE.—Not later than December 31 of each
year following the development of the system under
subsection (a) of this section, the Attorney General
shall submit an annual report to the Committees on
the Judiciary of the House of Representatives and of
the Senate on such system.
‘‘(2) INFORMATION.—The report shall include the following information:
‘‘(A) The number of departure records collected,
with an accounting by country of nationality of the
departing alien.
‘‘(B) The number of departure records that were
successfully matched to records of the alien’s prior
arrival in the United States, with an accounting by
the alien’s country of nationality and by the alien’s
classification as an immigrant or nonimmigrant.
‘‘(C) The number of aliens who arrived as nonimmigrants, or as a visitor under the visa waiver

§ 1365a

program under section 1187 of this title, for whom
no matching departure record has been obtained
through the system or through other means as of
the end of the alien’s authorized period of stay,
with an accounting by the alien’s country of nationality and date of arrival in the United States.
‘‘(c) USE OF INFORMATION ON OVERSTAYS.—Information regarding aliens who have remained in the United
Staty beyond their authorized period of stay identified
through the system shall be integrated into appropriate data bases of the Immigration and Naturalization Service and the Department of State, including
those used at ports of entry and at consular offices.’’
1998—Subsec. (a). Pub. L. 105–277, § 116(1), in introductory provisions, substituted ‘‘later than October 15, 1998
(and not later than March 30, 2001, in the case of land
border ports of entry and sea ports), the Attorney’’ for
‘‘later than October 15, 1998, the Attorney’’.
Pub. L. 105–259 in introductory provisions, substituted ‘‘October 15, 1998’’ for ‘‘2 years after September
30, 1996’’.
Subsec. (a)(3). Pub. L. 105–277, § 116(2)–(4), added par.
(3).
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.
VISA INTEGRITY AND SECURITY
Pub. L. 107–56, title IV, § 414, Oct. 26, 2001, 115 Stat.
353, as amended by Pub. L. 107–173, title II, § 201(b)(2),
May 14, 2002, 116 Stat. 547, provided that:
‘‘(a) SENSE OF CONGRESS REGARDING THE NEED TO EXPEDITE IMPLEMENTATION OF INTEGRATED ENTRY AND
EXIT DATA SYSTEM.—
‘‘(1) SENSE OF CONGRESS.—In light of the terrorist
attacks perpetrated against the United States on
September 11, 2001, it is the sense of the Congress
that—
‘‘(A) the Attorney General, in consultation with
the Secretary of State, should fully implement the
integrated entry and exit data system for airports,
seaports, and land border ports of entry, as specified in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1365a), with all deliberate speed and as expeditiously as practicable; and
‘‘(B) the Attorney General, in consultation with
the Secretary of State, the Secretary of Commerce,
the Secretary of the Treasury, and the Office of
Homeland Security, should immediately begin establishing the Integrated Entry and Exit Data System Task Force, as described in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law
106–215) [set out as a note below].
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as may be
necessary to fully implement the system described in
paragraph (1)(A).
‘‘(b) DEVELOPMENT OF THE SYSTEM.—In the development of the integrated entry and exit data system
under section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C.
1365a), the Attorney General and the Secretary of State
shall particularly focus on—
‘‘(1) the utilization of biometric technology; and
‘‘(2) the development of tamper-resistant documents readable at ports of entry.
‘‘(c) INTERFACE WITH LAW ENFORCEMENT DATABASES.—The entry and exit data system described in
this section shall be able to interface with law enforcement databases for use by Federal law enforcement to
identify and detain individuals who pose a threat to the
national security of the United States.’’

TITLE 8—ALIENS AND NATIONALITY

§ 1365a
TASK FORCE

Pub. L. 106–215, § 3, June 15, 2000, 114 Stat. 339, as
amended by Pub. L. 107–56, title IV, § 415, Oct. 26, 2001,
115 Stat. 354, provided that:
‘‘(a) ESTABLISHMENT.—Not later than 6 months after
the date of the enactment of this Act [June 15, 2000],
the Attorney General, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, and the Office of Homeland
Security[,] shall establish a task force to carry out the
duties described in subsection (c) (in this section referred to as the ‘Task Force’).
‘‘(b) MEMBERSHIP.—
‘‘(1) CHAIRPERSON; APPOINTMENT OF MEMBERS.—The
Task Force shall be composed of the Attorney General and 16 other members appointed in accordance
with paragraph (2). The Attorney General shall be the
chairperson and shall appoint the other members.
‘‘(2) APPOINTMENT REQUIREMENTS.—In appointing
the other members of the Task Force, the Attorney
General shall include—
‘‘(A) representatives of Federal, State, and local
agencies with an interest in the duties of the Task
Force, including representatives of agencies with
an interest in—
‘‘(i) immigration and naturalization;
‘‘(ii) travel and tourism;
‘‘(iii) transportation;
‘‘(iv) trade;
‘‘(v) law enforcement;
‘‘(vi) national security; or
‘‘(vii) the environment; and
‘‘(B) private sector representatives of affected industries and groups.
‘‘(3) TERMS.—Each member shall be appointed for
the life of the Task Force. Any vacancy shall be filled
by the Attorney General.
‘‘(4) COMPENSATION.—
‘‘(A) IN GENERAL.—Each member of the Task
Force shall serve without compensation, and members who are officers or employees of the United
States shall serve without compensation in addition to that received for their services as officers or
employees of the United States.
‘‘(B) TRAVEL EXPENSES.—The members of the
Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while
away from their homes or regular places of business
in the performance of service for the Task Force.
‘‘(c) DUTIES.—The Task Force shall evaluate the following:
‘‘(1) How the Attorney General can efficiently and
effectively carry out section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1221 note [8 U.S.C. 1365a]), as amended
by section 2 of this Act.
‘‘(2) How the United States can improve the flow of
traffic at airports, seaports, and land border ports of
entry through—
‘‘(A) enhancing systems for data collection and
data sharing, including the integrated entry and
exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note [8 U.S.C.
1365a]), as amended by section 2 of this Act, by better use of technology, resources, and personnel;
‘‘(B) increasing cooperation between the public
and private sectors;
‘‘(C) increasing cooperation among Federal agencies and among Federal and State agencies; and
‘‘(D) modifying information technology systems
while taking into account the different data systems, infrastructure, and processing procedures of
airports, seaports, and land border ports of entry.
‘‘(3) The cost of implementing each of its recommendations.
‘‘(d) STAFF AND SUPPORT SERVICES.—

Page 398

‘‘(1) IN GENERAL.—The Attorney General may, without regard to the civil service laws and regulations,
appoint and terminate an executive director and such
other additional personnel as may be necessary to enable the Task Force to perform its duties. The employment and termination of an executive director
shall be subject to confirmation by a majority of the
members of the Task Force.
‘‘(2) COMPENSATION.—The executive director shall
be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Attorney
General may fix the compensation of other personnel
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay
for such personnel may not exceed the rate payable
for level V of the Executive Schedule under section
5316 of such title.
‘‘(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee, with the approval of the
head of the appropriate Federal agency, may be detailed to the Task Force without reimbursement, and
such detail shall be without interruption or loss of
civil service status, benefits, or privilege.
‘‘(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT
SERVICES.—The Attorney General may procure temporary and intermittent services for the Task Force
under section 3109(b) of title 5, United States Code, at
rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316
of such title.
‘‘(5) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Attorney General, the Administrator
of General Services shall provide to the Task Force,
on a reimbursable basis, the administrative support
services necessary for the Task Force to carry out its
responsibilities under this section.
‘‘(e) HEARINGS AND SESSIONS.—The Task Force may,
for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony,
and receive evidence as the Task Force considers appropriate.
‘‘(f) OBTAINING OFFICIAL DATA.—The Task Force may
secure directly from any department or agency of the
United States information necessary to enable it to
carry out this section. Upon request of the Attorney
General, the head of that department or agency shall
furnish that information to the Task Force.
‘‘(g) REPORTS.—
‘‘(1) DEADLINE.—Not later than December 31, 2002,
and not later than December 31 of each year thereafter in which the Task Force is in existence, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives
and of the Senate containing the findings, conclusions, and recommendations of the Task Force. Each
report shall also measure and evaluate how much
progress the Task Force has made, how much work
remains, how long the remaining work will take to
complete, and the cost of completing the remaining
work.
‘‘(2) DELEGATION.—The Attorney General may delegate to the Commissioner, Immigration and Naturalization Service, the responsibility for preparing
and transmitting any such report.
‘‘(h) LEGISLATIVE RECOMMENDATIONS.—
‘‘(1) IN GENERAL.—The Attorney General shall make
such legislative recommendations as the Attorney
General deems appropriate—
‘‘(A) to implement the recommendations of the
Task Force; and
‘‘(B) to obtain authorization for the appropriation
of funds, the expenditure of receipts, or the reprogramming of existing funds to implement such
recommendations.
‘‘(2) DELEGATION.—The Attorney General may delegate to the Commissioner, Immigration and Natu-

Page 399

TITLE 8—ALIENS AND NATIONALITY

ralization Service, the responsibility for preparing
and transmitting any such legislative recommendations.
‘‘(i) TERMINATION.—The Task Force shall terminate
on a date designated by the Attorney General as the
date on which the work of the Task Force has been
completed.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years 2001
through 2003.’’

§ 1365b. Biometric entry and exit data system
(a) Finding
Consistent with the report of the National
Commission on Terrorist Attacks Upon the
United States, Congress finds that completing a
biometric entry and exit data system as expeditiously as possible is an essential investment in
efforts to protect the United States by preventing the entry of terrorists.
(b) Definition
In this section, the term ‘‘entry and exit data
system’’ means the entry and exit system required by applicable sections of—
(1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public
Law 104–208);
(2) the Immigration and Naturalization
Service Data Management Improvement Act
of 2000 (Public Law 106–205) 1 ;
(3) the Visa Waiver Permanent Program Act
(Public Law 106–396);
(4) the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107–173)
[8 U.S.C. 1701 et seq]; and
(5) the Uniting and Strengthening America
by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107–56).
(c) Plan and report
(1) Development of plan
The Secretary of Homeland Security shall
develop a plan to accelerate the full implementation of an automated biometric entry
and exit data system.
(2) Report
Not later than 180 days after December 17,
2004, the Secretary shall submit a report to
Congress on the plan developed under paragraph (1), which shall contain—
(A) a description of the current functionality of the entry and exit data system, including—
(i) a listing of ports of entry and other
Department of Homeland Security and Department of State locations with biometric entry data systems in use and whether
such screening systems are located at primary or secondary inspection areas;
(ii) a listing of ports of entry and other
Department of Homeland Security and Department of State locations with biometric exit data systems in use;
(iii) a listing of databases and data systems with which the entry and exit data
system are interoperable;
1 So

in original. Probably should be ‘‘(Public Law 106–215)’’.

§ 1365b

(iv) a description of—
(I) identified deficiencies concerning
the accuracy or integrity of the information contained in the entry and exit data
system;
(II) identified deficiencies concerning
technology associated with processing
individuals through the system; and
(III) programs or policies planned or
implemented to correct problems identified in subclause (I) or (II); and
(v) an assessment of the effectiveness of
the entry and exit data system in fulfilling
its intended purposes, including preventing terrorists from entering the United
States;
(B) a description of factors relevant to the
accelerated implementation of the biometric
entry and exit data system, including—
(i) the earliest date on which the Secretary estimates that full implementation
of the biometric entry and exit data system can be completed;
(ii) the actions the Secretary will take
to accelerate the full implementation of
the biometric entry and exit data system
at all ports of entry through which all
aliens must pass that are legally required
to do so; and
(iii) the resources and authorities required to enable the Secretary to meet the
implementation date described in clause
(i);
(C) a description of any improvements
needed in the information technology employed for the biometric entry and exit data
system;
(D) a description of plans for improved or
added interoperability with any other databases or data systems; and
(E) a description of the manner in which
the Department of Homeland Security’s USVISIT program—
(i) meets the goals of a comprehensive
entry and exit screening system, including
both entry and exit biometric; and
(ii) fulfills the statutory obligations
under subsection (b) of this section.
(d) Collection of biometric exit data
The entry and exit data system shall include a
requirement for the collection of biometric exit
data for all categories of individuals who are required to provide biometric entry data, regardless of the port of entry where such categories of
individuals entered the United States.
(e) Integration and interoperability
(1) Integration of data system
Not later than 2 years after December 17,
2004, the Secretary shall fully integrate all
databases and data systems that process or
contain information on aliens, which are
maintained by—
(A) the Department of Homeland Security,
at—
(i) the United States Immigration and
Customs Enforcement;
(ii) the United States Customs and Border Protection; and

§ 1365b

TITLE 8—ALIENS AND NATIONALITY

(iii) the United States Citizenship and
Immigration Services;
(B) the Department of Justice, at the Executive Office for Immigration Review; and
(C) the Department of State, at the Bureau
of Consular Affairs.
(2) Interoperable component
The fully integrated data system under
paragraph (1) shall be an interoperable component of the entry and exit data system.
(3) Interoperable data system
Not later than 2 years after December 17,
2004, the Secretary shall fully implement an
interoperable electronic data system, as required by section 202 of the Enhanced Border
Security and Visa Entry Reform Act 2 (8 U.S.C.
1722) to provide current and immediate access
to information in the databases of Federal law
enforcement agencies and the intelligence
community that is relevant to determine—
(A) whether to issue a visa; or
(B) the admissibility or deportability of an
alien.
(f) Maintaining accuracy and integrity of entry
and exit data system
(1) Policies and procedures
(A) Establishment
The Secretary of Homeland Security shall
establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and updating data maintained in, and adding information to, the
entry and exit data system that ensure the
accuracy and integrity of the data.
(B) Training
The Secretary shall develop training on
the rules, guidelines, policies, and procedures established under subparagraph (A),
and on immigration law and procedure. All
personnel authorized to access information
maintained in the databases and data system shall receive such training.
(2) Data collected from foreign nationals
The Secretary of Homeland Security, the
Secretary of State, and the Attorney General,
after consultation with directors of the relevant intelligence agencies, shall standardize
the information and data collected from foreign nationals, and the procedures utilized to
collect such data, to ensure that the information is consistent and valuable to officials
accessing that data across multiple agencies.
(3) Data maintenance procedures
Heads of agencies that have databases or
data systems linked to the entry and exit data
system shall establish rules, guidelines, policies, and operating and auditing procedures
for collecting, removing, and updating data
maintained in, and adding information to,
such databases or data systems that ensure
the accuracy and integrity of the data and for
limiting access to the information in the databases or data systems to authorized personnel.
(4) Requirements
The rules, guidelines, policies, and procedures established under this subsection shall—
2 So

in original. Probably should be followed by ‘‘of 2002’’.

Page 400

(A) incorporate a simple and timely method for—
(i) correcting errors in a timely and effective manner;
(ii) determining which government officer provided data so that the accuracy of
the data can be ascertained; and
(iii) clarifying information known to
cause false hits or misidentification errors;
(B) include procedures for individuals to—
(i) seek corrections of data contained in
the databases or data systems; and
(ii) appeal decisions concerning data contained in the databases or data systems;
(C) strictly limit the agency personnel authorized to enter data into the system;
(D) identify classes of information to be
designated as temporary or permanent entries, with corresponding expiration dates
for temporary entries; and
(E) identify classes of prejudicial information requiring additional authority of supervisory personnel before entry.
(5) Centralizing and streamlining correction
process
(A) In general
The President, or agency director designated by the President, shall establish a
clearinghouse bureau in the Department of
Homeland Security, to centralize and
streamline the process through which members of the public can seek corrections to erroneous or inaccurate information contained
in agency databases, which is related to immigration status, or which otherwise impedes lawful admission to the United States.
(B) Time schedules
The process described in subparagraph (A)
shall include specific time schedules for reviewing data correction requests, rendering
decisions on such requests, and implementing appropriate corrective action in a timely
manner.
(g) Integrated biometric entry-exit screening system
The biometric entry and exit data system
shall facilitate efficient immigration benefits
processing by—
(1) ensuring that the system’s tracking capabilities encompass data related to all immigration benefits processing, including—
(A) visa applications with the Department
of State;
(B) immigration related filings with the
Department of Labor;
(C) cases pending before the Executive Office for Immigration Review; and
(D) matters pending or under investigation
before the Department of Homeland Security;
(2) utilizing a biometric based identity number tied to an applicant’s biometric algorithm
established under the entry and exit data system to track all immigration related matters
concerning the applicant;
(3) providing that—

Page 401

TITLE 8—ALIENS AND NATIONALITY

(A) all information about an applicant’s
immigration related history, including entry
and exit history, can be queried through
electronic means; and
(B) database access and usage guidelines
include stringent safeguards to prevent misuse of data;
(4) providing real-time updates to the information described in paragraph (3)(A), including pertinent data from all agencies referred
to in paragraph (1); and
(5) providing continuing education in
counterterrorism techniques, tools, and methods for all Federal personnel employed in the
evaluation of immigration documents and immigration-related policy.
(h) Entry-exit system goals
The Department of Homeland Security shall
operate the biometric entry and exit system so
that it—
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a welcoming manner;
(3) provides inspectors and related personnel
with adequate real-time information;
(4) ensures flexibility of training and security protocols to most effectively comply with
security mandates;
(5) integrates relevant databases and plans
for database modifications to address volume
increase and database usage; and
(6) improves database search capacities by
utilizing language algorithms to detect alternate names.
(i) Dedicated specialists and front line personnel
training
In implementing the provisions of subsections
(g) and (h) of this section, the Department of
Homeland Security and the Department of State
shall—
(1) develop cross-training programs that
focus on the scope and procedures of the entry
and exit data system;
(2) provide extensive community outreach
and education on the entry and exit data system’s procedures;
(3) provide clear and consistent eligibility
guidelines for applicants in low-risk traveler
programs; and
(4) establish ongoing training modules on
immigration law to improve adjudications at
our ports of entry, consulates, and embassies.
(j) Compliance status reports
Not later than 1 year after December 17, 2004,
the Secretary of Homeland Security, the Secretary of State, the Attorney General, and the
head of any other department or agency subject
to the requirements of this section, shall issue
individual status reports and a joint status report detailing the compliance of the department
or agency with each requirement under this section.
(k) Expediting registered travelers across international borders
(1) Findings
Consistent with the report of the National
Commission on Terrorist Attacks Upon the
United States, Congress makes the following
findings:

§ 1365b

(A) Expediting the travel of previously
screened and known travelers across the borders of the United States should be a high
priority.
(B) The process of expediting known travelers across the borders of the United States
can permit inspectors to better focus on
identifying terrorists attempting to enter
the United States.
(2) Definition
In this subsection, the term ‘‘registered
traveler program’’ means any program designed to expedite the travel of previously
screened and known travelers across the borders of the United States.
(3) International registered traveler program
(A) In general
The Secretary of Homeland Security shall
establish an international registered traveler program that incorporates available
technologies, such as biometrics and e-passports, and security threat assessments to expedite the screening and processing of international travelers, including United States
Citizens and residents, who enter and exit
the United States. The program shall be
coordinated with the United States Visitor
and Immigrant Status Indicator Technology
program, other pre-screening initiatives, and
the Visa Waiver Program.
(B) Fees
The Secretary may impose a fee for the
program established under subparagraph (A)
and may modify such fee from time to time.
The fee may not exceed the aggregate costs
associated with the program and shall be
credited to the Department of Homeland Security for purposes of carrying out the program. Amounts so credited shall remain
available until expended.
(C) Rulemaking
Within 365 days after December 26, 2007,
the Secretary shall initiate a rulemaking to
establish the program, criteria for participation, and the fee for the program.
(D) Implementation
Not later than 2 years after December 26,
2007, the Secretary shall establish a phasedimplementation of a biometric-based international registered traveler program in conjunction with the United States Visitor and
Immigrant Status Indicator Technology
entry and exit system, other pre-screening
initiatives, and the Visa Waiver Program at
United States airports with the highest volume of international travelers.
(E) Participation
The Secretary shall ensure that the international registered traveler program includes as many participants as practicable
by—
(i) establishing a reasonable cost of enrollment;
(ii) making program enrollment convenient and easily accessible; and
(iii) providing applicants with clear and
consistent eligibility guidelines.

§ 1366

TITLE 8—ALIENS AND NATIONALITY

(4) Report
Not later than 1 year after December 17,
2004, the Secretary shall submit to Congress a
report describing the Department’s progress
on the development and implementation of the
registered traveler program.
(l) Authorization of appropriations
There are authorized to be appropriated to the
Secretary, for each of the fiscal years 2005
through 2009, such sums as may be necessary to
carry out the provisions of this section.
(Pub. L. 108–458, title VII, § 7208, Dec. 17, 2004, 118
Stat. 3817; Pub. L. 110–161, div. E, title V, § 565,
Dec. 26, 2007, 121 Stat. 2091.)
REFERENCES IN TEXT
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (b)(1), is
div. C of Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009–546.
For complete classification of this Act to the Code, see
Short Title of 1996 Amendment note set out under section 1101 of this title and Tables.
The Immigration and Naturalization Service Data
Management Improvement Act of 2000, referred to in
subsec. (b)(2), is Pub. L. 106–215, June 15, 2000, 114 Stat.
337, which amended section 1365a of this title and enacted provisions set out as notes under sections 1101
and 1365a of this title. For complete classification of
this Act to the Code, see Short Title of 2000 Amendment note set out under section 1101 of this title and
Tables.
The Visa Waiver Permanent Program Act, referred to
in subsec. (b)(3), is Pub. L. 106–396, Oct. 30, 2000, 114
Stat. 1637. For complete classification of this Act to
the Code, see Short Title of 2000 Amendment note set
out under section 1101 of this title and Tables.
The Enhanced Border Security and Visa Entry Reform Act of 2002, referred to in subsec. (b)(4), is Pub. L.
107–173, May 14, 2002, 116 Stat. 543, as amended, which is
classified principally to chapter 15 (§ 1701 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
this title and Tables.
The Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001, referred to
in subsec. (b)(5), was Pub. L. 107–56, Oct. 26, 2001, 115
Stat. 272. Pub. L. 107–56 was renamed the Uniting and
Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of
2001 or the USA PATRIOT Act by Pub. L. 109–177, title
I, § 101(b), Mar. 9, 2006, 120 Stat. 194. For complete classification of this Act to the Code, see Short Title of
2001 Amendment note set out under section 1 of Title
18, Crimes and Criminal Procedure, and Tables.
December 26, 2007, referred to in subsec. (k)(3)(C), (D),
was in the original ‘‘the date of enactment of this paragraph’’ and was translated a meaning the date of enactment of Pub. L. 110–161, which amended subsec. (k)(3) of
this section generally, to reflect the probable intent of
Congress.
CODIFICATION
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as
part of the 9/11 Commission Implementation Act of
2004, and not as part of the Immigration and Nationality Act which comprises this chapter.
AMENDMENTS
2007—Subsec. (k)(3). Pub. L. 110–161 amended heading
and text of par. (3) generally. Prior to amendment, text
related to development and implementation of a registered traveler program.

Page 402

§ 1366. Annual report on criminal aliens
Not later than 12 months after September 30,
1996, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of
the Senate a report detailing—
(1) the number of illegal aliens incarcerated
in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense;
(2) the number of illegal aliens convicted of
felonies in any Federal or State court, but not
sentenced to incarceration, in the year before
the report was submitted, stating the number
convicted for each type of offense;
(3) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal
aliens subject to removal; and
(4) methods for identifying and preventing
the unlawful reentry of aliens who have been
convicted of criminal offenses in the United
States and removed from the United States.
(Pub. L. 104–208, div. C, title III, § 332, Sept. 30,
1996, 110 Stat. 3009–634.)
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
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.

§ 1367. Penalties for disclosure of information
(a) In general
Except as provided in subsection (b) of this
section, in no case may the Attorney General, or
any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland
Security or Department of State (including any
bureau or agency of either of such Departments)—
(1) make an adverse determination of admissibility or deportability of an alien under the
Immigration and Nationality Act [8 U.S.C.
1101 et seq.] using information furnished solely
by—
(A) a spouse or parent who has battered
the alien or subjected the alien to extreme
cruelty,
(B) a member of the spouse’s or parent’s
family residing in the same household as the
alien who has battered the alien or subjected
the alien to extreme cruelty when the
spouse or parent consented to or acquiesced
in such battery or cruelty,
(C) a spouse or parent who has battered
the alien’s child or subjected the alien’s
child to extreme cruelty (without the active
participation of the alien in the battery or
extreme cruelty),

Page 403

TITLE 8—ALIENS AND NATIONALITY

(D) a member of the spouse’s or parent’s
family residing in the same household as the
alien who has battered the alien’s child or
subjected the alien’s child to extreme cruelty when the spouse or parent consented to
or acquiesced in such battery or cruelty and
the alien did not actively participate in such
battery or cruelty,
(E) in the case of an alien applying for
status under section 101(a)(15)(U) of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(U)], the perpetrator of the substantial physical or mental abuse and the
criminal activity,1
(F) in the case of an alien applying for
status under section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)),
under
section
7105(b)(1)(E)(i)(II)(bb) of title 22, under section 244(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)), as in effect
prior to March 31, 1999, or as a VAWA selfpetitioner (as defined in section 101(a)(51) of
the Immigration and Nationality Act (8
U.S.C. 1101(a)(51)) 2, the trafficker or perpetrator,
unless the alien has been convicted of a crime
or crimes listed in section 241(a)(2) of the Immigration and Nationality Act [8 U.S.C.
1227(a)(2)]; or
(2) permit use by or disclosure to anyone
(other than a sworn officer or employee of the
Department, or bureau or agency thereof, for
legitimate Department, bureau, or agency purposes) of any information which relates to an
alien who is the beneficiary of an application
for relief under paragraph (15)(T), (15)(U), or
(51) of section 101(a) of the Immigration and
Nationality Act [8 U.S.C. 1101(a)(15)(T), (U),
(51)] or section 240A(b)(2) of such Act [8 U.S.C.
1229b(b)(2)].
The limitation under paragraph (2) ends when
the application for relief is denied and all opportunities for appeal of the denial have been exhausted.
(b) Exceptions
(1) The Attorney General may provide, in the
Attorney General’s discretion, for the disclosure
of information in the same manner and circumstances as census information may be disclosed
by the Secretary of Commerce under section 8 of
title 13.
(2) The Attorney General may provide in the
discretion of the Attorney General for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose.
(3) Subsection (a) of this section shall not be
construed as preventing disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information.
(4) Subsection (a)(2) of this section shall not
apply if all the battered individuals in the case
are adults and they have all waived the restrictions of such subsection.
1 So

in original. Probably should be followed by ‘‘or’’.
in original. Probably should be followed by a closing parenthesis.
2 So

§ 1367

(5) The Attorney General is authorized to disclose information, to Federal, State, and local
public and private agencies providing benefits,
to be used solely in making determinations of
eligibility for benefits pursuant to section
1641(c) of this title.
(6) Subsection (a) of this section may not be
construed to prevent the Attorney General and
the Secretary of Homeland Security from disclosing to the chairmen and ranking members of
the Committee on the Judiciary of the Senate or
the Committee on the Judiciary of the House of
Representatives, for the exercise of congressional oversight authority, information on
closed cases under this section in a manner that
protects the confidentiality of such information
and that omits personally identifying information (including locational information about individuals).
(7) Government entities adjudicating applications for relief under subsection (a)(2) of this
section, and government personnel carrying out
mandated duties under section 101(i)(1) of the
Immigration and Nationality Act [8 U.S.C.
1101(i)(1)], may, with the prior written consent
of the alien involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in
obtaining victim services from programs with
expertise working with immigrant victims.
Agencies receiving referrals are bound by the
provisions of this section. Nothing in this paragraph shall be construed as affecting the ability
of an applicant to designate a safe organization
through whom governmental agencies may communicate with the applicant.
(c) Penalties for violations
Anyone who willfully uses, publishes, or permits information to be disclosed in violation of
this section or who knowingly makes a false certification under section 239(e) of the Immigration and Nationality Act [8 U.S.C. 1229(e)] shall
be subject to appropriate disciplinary action and
subject to a civil money penalty of not more
than $5,000 for each such violation.
(d) Guidance
The Attorney General and the Secretary of
Homeland Security shall provide guidance to officers and employees of the Department of Justice or the Department of Homeland Security
who have access to information covered by this
section regarding the provisions of this section,
including the provisions to protect victims of
domestic violence from harm that could result
from the inappropriate disclosure of covered information.
(Pub. L. 104–208, div. C, title III, §§ 308(g)(8)(D),
384, Sept. 30, 1996, 110 Stat. 3009–624, 3009–652;
Pub. L. 105–33, title V, § 5572(b), Aug. 5, 1997, 111
Stat. 641; Pub. L. 106–386, div. B, title V, § 1513(d),
Oct. 28, 2000, 114 Stat. 1536; Pub. L. 109–162, title
VIII, § 817, Jan. 5, 2006, 119 Stat. 3060; Pub. L.
109–271, § 6(h), Aug. 12, 2006, 120 Stat. 763.)
REFERENCES IN TEXT
The Immigration and Nationality Act, referred to in
subsec. (a)(1), 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.

§ 1368

TITLE 8—ALIENS AND NATIONALITY
CODIFICATION

Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
Section is comprised of section 384 of div. C of Pub.
L. 104–208. Another subsec. (d) of section 384 of div. C of
Pub. L. 104–208 amended sections 1160 and 1255a of this
title and enacted provisions set out as a note under section 1160 of this title.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–162, § 817(1)(A), substituted ‘‘, the Secretary of Homeland Security, the
Secretary of State, or any other official or employee of
the Department of Homeland Security or Department
of State (including any bureau or agency of either of
such Departments)’’ for ‘‘(including any bureau or
agency of such Department)’’ in introductory provisions.
Subsec. (a)(1)(F). Pub. L. 109–162, § 817(1)(B), added
subpar. (F).
Subsec. (a)(2). Pub. L. 109–271 substituted ‘‘paragraph
(15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act or section 240A(b)(2) of such
Act’’ for ‘‘clause (iii) or (iv) of section 204(a)(1)(A),
clause (ii) or (iii) of section 204(a)(1)(B), section
216(c)(4)(C), section 101(a)(15)(U), or section 240A(a)(3) of
such Act as an alien (or the parent of a child) who has
been battered or subjected to extreme cruelty’’.
Subsec. (b)(6), (7). Pub. L. 109–162, § 817(2), added pars.
(6) and (7).
Subsec. (c). Pub. L. 109–162, § 817(3), inserted ‘‘or who
knowingly makes a false certification under section
239(e) of the Immigration and Nationality Act’’ after
‘‘in violation of this section’’.
Subsec. (d). Pub. L. 109–162, § 817(4), added subsec. (d).
2000—Subsec. (a)(1)(E). Pub. L. 106–386, § 1513(d)(1)–(3),
added subpar. (E).
Subsec. (a)(2). Pub. L. 106–386, § 1513(d)(4), inserted
‘‘section 101(a)(15)(U),’’ after ‘‘section 216(c)(4)(C),’’.
1997—Subsec. (b)(5). Pub. L. 105–33 added par. (5).
1996—Subsec. (a)(2). Pub. L. 104–208, § 308(g)(8)(D),
which directed amendment of section 364(a)(2) of div. C
of Pub. L. 104–208 by substituting ‘‘240A(a)(3)’’ for
‘‘244(a)(3)’’, was executed by making the substitution in
subsec. (a)(2) of this section to reflect the probable intent of Congress. Div. C of Pub. L. 104–208 does not contain a section 364.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 5582 of title V of Pub. L. 105–33 provided that:
‘‘Except as otherwise provided, the amendments made
by this chapter [chapter 4 (§§ 5561–5582) of subtitle F of
title V of Pub. L. 105–33, amending this section, sections 1611 to 1613, 1621, 1622, 1631, 1632, 1641 to 1643, and
1645 of this title, and sections 608, 1383, and 1437y of
Title 42, The Public Health and Welfare] shall be effective as if included in the enactment of title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [Pub. L. 104–193].’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(g)(8)(D) 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.
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.

Page 404

§ 1368. Increase in INS detention facilities; report
on detention space
(a) Increase in detention facilities
Subject to the availability of appropriations,
the Attorney General shall provide for an increase in the detention facilities of the Immigration and Naturalization Service to at least
9,000 beds before the end of fiscal year 1997.
(b) Report on detention space
(1) In general
Not later than 6 months after September 30,
1996, and every 6 months thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate estimating the
amount of detention space that will be required, during the fiscal year in which the report is submitted and the succeeding fiscal
year, to detain—
(A) all aliens subject to detention under
section 1226(c) of this title and section
1231(a) of this title;
(B) all inadmissible or deportable aliens
subject to proceedings under section 1228 of
this title or section 1225(b)(2)(A) or 1229a of
this title; and
(C) other inadmissible or deportable aliens
in accordance with the priorities established
by the Attorney General.
(2) Estimate of number of aliens released into
the community
(A) Criminal aliens
(i) In general
The first report submitted under paragraph (1) shall include an estimate of the
number of criminal aliens who, in each of
the 3 fiscal years concluded prior to the
date of the report—
(I) were released from detention facilities of the Immigration and Naturalization Service (whether operated directly
by the Service or through contract with
other persons or agencies); or
(II) were not taken into custody or detention by the Service upon completion
of their incarceration.
(ii) Aliens convicted of aggravated felonies
The estimate under clause (i) shall estimate separately, with respect to each year
described in such clause, the number of
criminal aliens described in such clause
who were convicted of an aggravated felony.
(B) All inadmissible or deportable aliens
The first report submitted under paragraph (1) shall also estimate the number of
inadmissible or deportable aliens who were
released into the community due to a lack of
detention facilities in each of the 3 fiscal
years concluded prior to the date of the report notwithstanding circumstances that
the Attorney General believed justified detention (for example, a significant probability that the released alien would not appear, as agreed, at subsequent exclusion or
deportation proceedings).

Page 405

TITLE 8—ALIENS AND NATIONALITY

(C) Subsequent reports
Each report under paragraph (1) following
the first such report shall include the estimates under subparagraphs (A) and (B),
made with respect to the 6-month period immediately preceding the date of the submission of the report.
(Pub. L. 104–208, div. C, title III, §§ 308(g)(10)(G),
386, Sept. 30, 1996, 110 Stat. 3009–625, 3009–653.)
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–208, § 308(g)(10)(G), substituted ‘‘inadmissible’’ for ‘‘excludable’’ in pars. (1)(B),
(C) and (2)(B).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(g)(10)(G) 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.
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.

§ 1369. Treatment of expenses subject to emergency medical services exception
(a) In general
Subject to such amounts as are provided in advance in appropriation Acts, each State or political subdivision of a State that provides medical
assistance for care and treatment of an emergency medical condition (as defined in subsection (d) of this section) through a public hospital or other public facility (including a nonprofit hospital that is eligible for an additional
payment adjustment under section 1395ww of
title 42) or through contract with another hospital or facility to an individual who is an alien
not lawfully present in the United States is eligible for payment from the Federal Government
of its costs of providing such services, but only
to the extent that such costs are not otherwise
reimbursed through any other Federal program
and cannot be recovered from the alien or another person.
(b) Confirmation of immigration status required
No payment shall be made under this section
with respect to services furnished to an individual unless the immigration status of the individual has been verified through appropriate procedures established by the Secretary of Health and
Human Services and the Attorney General.
(c) Administration
This section shall be administered by the Attorney General, in consultation with the Secretary of Health and Human Services.
(d) ‘‘Emergency medical condition’’ defined
For purposes of this section, the term ‘‘emergency medical condition’’ means a medical con-

§ 1371

dition (including emergency labor and delivery)
manifesting itself by acute symptoms of sufficient severity (including severe pain) such that
the absence of immediate medical attention
could reasonably be expected to result in—
(1) placing the patient’s health in serious
jeopardy,
(2) serious impairment to bodily functions,
or
(3) serious dysfunction of any bodily organ
or part.
(e) Effective date
Subsection (a) of this section shall apply to
medical assistance for care and treatment of an
emergency medical condition furnished on or
after January 1, 1997.
(Pub. L. 104–208, div. C, title V, § 562, Sept. 30,
1996, 110 Stat. 3009–682.)
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
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.

§ 1370. Reimbursement of States and localities
for emergency ambulance services
Subject to the availability of appropriations,
the Attorney General shall fully reimburse
States and political subdivisions of States for
costs incurred by such a State or subdivision for
emergency ambulance services provided to any
alien who—
(1) is injured while crossing a land or sea
border of the United States without inspection
or at any time or place other than as designated by the Attorney General; and
(2) is under the custody of the State or subdivision pursuant to a transfer, request, or
other action by a Federal authority.
(Pub. L. 104–208, div. C, title V, § 563, Sept. 30,
1996, 110 Stat. 3009–683.)
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
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.

§ 1371. Reports
Not later than 180 days after the end of each
fiscal year, the Attorney General shall submit a
report to the Inspector General of the Department of Justice and the Committees on the Judiciary of the House of Representatives and of
the Senate describing the following:

TITLE 8—ALIENS AND NATIONALITY

§ 1372

(1) Public charge deportations
The number of aliens deported on public
charge grounds under section 1227(a)(5) 1 of this
title during the previous fiscal year.
(2) Indigent sponsors
The number of determinations made under
section 1631(e) of this title during the previous
fiscal year.
(3) Reimbursement actions
The number of actions brought, and the
amount of each action, for reimbursement
under section 1183a of this title (including private collections) for the costs of providing
public benefits.
(Pub. L. 104–208, div. C, title V, § 565, Sept. 30,
1996, 110 Stat. 3009–684.)
REFERENCES IN TEXT
Section 1227(a)(5) of this title, referred to in par. (1),
was in the original a reference to ‘‘section 241(a)(5) of
the Immigration and Nationality Act’’, which has been
translated as referring to section 237(a)(5) of the Immigration and Nationality Act to reflect the probable intent of Congress and the renumbering of section 241 as
237 by Pub. L. 104–208, div. C, title III, § 305(a)(2), Sept.
30, 1996, 110 Stat. 3009–598. Pub. L. 104–208, § 305(a)(3), enacted a new section 241 of the Immigration and Nationality Act which is classified to section 1231 of this title,
but subsec. (a)(5) of that section does not relate to deportation on public charge grounds.
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
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.

§ 1372. Program to collect information relating to
nonimmigrant foreign students and other exchange program participants
(a) In general
(1) Program
The Attorney General, in consultation with
the Secretary of State and the Secretary of
Education, shall develop and conduct a program to collect from approved institutions of
higher education, other approved educational
institutions, and designated exchange visitor
programs in the United States the information
described in subsection (c) of this section with
respect to aliens who—
(A) have the status, or are applying for the
status, of nonimmigrants under subparagraph (F), (J), or (M) of section 1101(a)(15) of
this title; and
(B) are nationals of the countries designated under subsection (b) of this section.
(2) Deadline
The program shall commence not later than
January 1, 1998.
1 See

References in Text note below.

Page 406

(3) Aliens for whom a visa is required
The Attorney General, in consultation with
the Secretary of State, shall establish an electronic means to monitor and verify—
(A) the issuance of documentation of acceptance of a foreign student by an approved
institution of higher education or other approved educational institution, or of an exchange visitor program participant by a designated exchange visitor program;
(B) the transmittal of the documentation
referred to in subparagraph (A) to the Department of State for use by the Bureau of
Consular Affairs;
(C) the issuance of a visa to a foreign student or an exchange visitor program participant;
(D) the admission into the United States of
the foreign student or exchange visitor program participant;
(E) the notification to an approved institution of higher education, other approved
educational institution, or exchange visitor
program sponsor that the foreign student or
exchange visitor participant has been admitted into the United States;
(F) the registration and enrollment of that
foreign student in such approved institution
of higher education or other approved educational institution, or the participation of
that exchange visitor in such designated exchange visitor program, as the case may be;
and
(G) any other relevant act by the foreign
student or exchange visitor program participant, including a changing of school or designated exchange visitor program and any
termination of studies or participation in a
designated exchange visitor program.
(4) Reporting requirements
Not later than 30 days after the deadline for
registering for classes for an academic term of
an approved institution of higher education or
other approved educational institution for
which documentation is issued for an alien as
described in paragraph (3)(A), or the scheduled
commencement of participation by an alien in
a designated exchange visitor program, as the
case may be, the institution or program, respectively, shall report to the Immigration
and Naturalization Service any failure of the
alien to enroll or to commence participation.
(b) Covered countries
The Attorney General, in consultation with
the Secretary of State, shall designate countries
for purposes of subsection (a)(1)(B) of this section. The Attorney General shall initially designate not less than 5 countries and may designate additional countries at any time while
the program is being conducted.
(c) Information to be collected
(1) In general
The information for collection under subsection (a) of this section with respect to an
alien consists of—
(A) the identity and current address in the
United States of the alien;
(B) the nonimmigrant classification of the
alien and the date on which a visa under the

Page 407

TITLE 8—ALIENS AND NATIONALITY

classification was issued or extended or the
date on which a change to such classification was approved by the Attorney General;
(C) in the case of a student at an approved
institution of higher education, or other approved educational institution,,1 the current
academic status of the alien, including
whether the alien is maintaining status as a
full-time student or, in the case of a participant in a designated exchange visitor program, whether the alien is satisfying the
terms and conditions of such program;
(D) in the case of a student at an approved
institution of higher education, or other approved educational institution,,1 any disciplinary action taken by the institution
against the alien as a result of the alien’s
being convicted of a crime or, in the case of
a participant in a designated exchange visitor program, any change in the alien’s participation as a result of the alien’s being
convicted of a crime; and 2
(E) the date of entry and port of entry;
(F) the date of the alien’s enrollment in an
approved institution of higher education,
other approved educational institution, or
designated exchange visitor program in the
United States;
(G) the degree program, if applicable, and
field of study; and
(H) the date of the alien’s termination of
enrollment and the reason for such termination (including graduation, disciplinary
action or other dismissal, and failure to reenroll).
(2) FERPA
The Family Educational Rights and Privacy
Act of 1974 [20 U.S.C. 1232g] shall not apply to
aliens described in subsection (a) of this section to the extent that the Attorney General
determines necessary to carry out the program under subsection (a) of this section.
(3) Electronic collection
The information described in paragraph (1)
shall be collected electronically, where practicable.
(4) Computer software
(A) Collecting institutions
To the extent practicable, the Attorney
General shall design the program in a manner that permits approved institutions of
higher education, other approved educational institutions, and designated exchange visitor programs to use existing software for the collection, storage, and data
processing of information described in paragraph (1).
(B) Attorney General
To the extent practicable, the Attorney
General shall use or enhance existing software for the collection, storage, and data
processing of information described in paragraph (1).
(5) Reporting requirements
The Attorney General shall prescribe by regulation reporting requirements by taking into
1 So
2 So

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

§ 1372

account the curriculum calendar of the approved institution of higher education, other
approved educational institution, or exchange
visitor program.
(d) Participation by institutions of higher education and exchange visitor programs
(1) Condition
The information described in subsection (c)
of this section shall be provided by institutions of higher education, other approved educational institutions, or exchange visitor programs as a condition of—
(A) in the case of an approved institution
of higher education, or other approved educational institution,,1 the continued approval of the institution under subparagraph
(F) or (M) of section 1101(a)(15) of this title;
and
(B) in the case of an approved institution
of higher education or a designated exchange
visitor program, the granting of authority to
issue documents to an alien demonstrating
the alien’s eligibility for a visa under subparagraph (F), (J), or (M) of section
1101(a)(15) of this title.
(2) Effect of failure to provide information
If an approved institution of higher education, other approved educational institution, or a designated exchange visitor program
fails to provide the specified information, such
approvals and such issuance of visas shall be
revoked or denied.
(e) Funding
(1) In general
Beginning on April 1, 1997, the Attorney
General shall impose on, and collect from,
each alien described in paragraph (3), with respect to whom the institution or program is
required by subsection (a) of this section to
collect information, a fee established by the
Attorney General under paragraph (4) at a
time prior to the alien being classified under
subparagraph (F), (J), or (M) of section
1101(a)(15) of this title.
(2) Remittance
The fees collected under paragraph (1) shall
be remitted by the alien pursuant to a schedule established by the Attorney General for
immediate deposit and availability as described under section 1356(m) of this title.
(3) Aliens described
An alien referred to in paragraph (1) is an
alien who seeks nonimmigrant status under
subparagraph (F), (J), or (M) of section
1101(a)(15) of this title (other than a nonimmigrant under section 1101(a)(15)(J) of this
title who seeks to come to the United States
as a participant in a program sponsored by the
Federal Government).
(4) Amount and use of fees
(A) Establishment of amount
The Attorney General shall establish the
amount of the fee to be imposed on, and collected from, an alien under paragraph (1).
Except as provided in subsection (g)(2) of
this section, the fee imposed on any individ-

§ 1372

TITLE 8—ALIENS AND NATIONALITY

ual may not exceed $100, except that, in the
case of an alien admitted under section
1101(a)(15)(J) of this title as an au pair, camp
counselor, or participant in a summer work
travel program, the fee shall not exceed $40,
except that, in the case of an alien admitted
under section 1101(a)(15)(J) of this title as an
au pair, camp counselor, or participant in a
summer work travel program, the fee shall
not exceed $35.3 The amount of the fee shall
be based on the Attorney General’s estimate
of the cost per alien of conducting the information collection program described in this
section.
(B) Use
Fees collected under paragraph (1) shall be
deposited as offsetting receipts into the Immigration Examinations Fee Account (established under section 1356(m) of this title)
and shall remain available until expended
for the Attorney General to reimburse any
appropriation the amount paid out of which
is for expenses in carrying out this section.
Such expenses include, but are not necessarily limited to, those incurred by the
Secretary of State in connection with the
program under subsection (a) of this section.
(5) Proof of payment
The alien shall present proof of payment of
the fee before the granting of—
(A) a visa under section 1202 of this title
or, in the case of an alien who is exempt
from the visa requirement described in section 1182(d)(4) of this title, admission to the
United States; or
(B) change of nonimmigrant classification
under section 1258 of this title to a classification described in paragraph (3).
(6) Implementation
The provisions of section 553 of title 5 (relating to rule-making) shall not apply to the extent the Attorney General determines necessary to ensure the expeditious, initial implementation of this section.
(f) Joint report
Not later than 4 years after the commencement of the program established under subsection (a) of this section, the Attorney General,
the Secretary of State, and the Secretary of
Education shall jointly submit to the Committees on the Judiciary of the Senate and the
House of Representatives a report on the operations of the program and the feasibility of expanding the program to cover the nationals of
all countries.
(g) Worldwide applicability of program
(1) Expansion of program
Not later than 12 months after the submission of the report required by subsection (f) of
this section, the Attorney General, in consultation with the Secretary of State and the
Secretary of Education, shall commence expansion of the program to cover the nationals
of all countries.
(2) Revision of fee
After the program has been expanded, as
provided in paragraph (1), the Attorney Gen3 So

in original. See 2000 amendment notes below.

Page 408

eral may, on a periodic basis, revise the
amount of the fee imposed and collected under
subsection (e) of this section in order to take
into account changes in the cost of carrying
out the program.
(h) Definitions
As used in this section:
(1) Approved institution of higher education
The term ‘‘approved institution of higher
education’’ means a college or university approved by the Attorney General, in consultation with the Secretary of Education, under
subparagraph (F), (J), or (M) of section
1101(a)(15) of this title.
(2) Designated exchange visitor program
The term ‘‘designated exchange visitor program’’ means a program that has been—
(A) designated by the Secretary of State
for purposes of section 1101(a)(15)(J) of this
title; and
(B) selected by the Attorney General for
purposes of the program under this section.
(3) Other approved educational institution
The term ‘‘other approved educational institution’’ includes any air flight school, language training school, or vocational school,
approved by the Attorney General, in consultation with the Secretary of Education and
the Secretary of State, under subparagraph
(F), (J), or (M) of section 1101(a)(15) of this
title.
(Pub. L. 104–208, div. C, title VI, § 641, Sept. 30,
1996, 110 Stat. 3009–704; Pub. L. 106–396, title IV,
§§ 404–406, Oct. 30, 2000, 114 Stat. 1649, 1650; Pub.
L. 106–553, § 1(a)(2) [title I, § 110], Dec. 21, 2000, 114
Stat. 2762, 2762A–68; Pub. L. 107–56, title IV,
§ 416(c), Oct. 26, 2001, 115 Stat. 354; Pub. L.
107–173, title V, § 501(a), May 14, 2002, 116 Stat.
560.)
REFERENCES IN TEXT
The Family Educational Rights and Privacy Act of
1974, referred to in subsec. (c)(2), is section 513 of Pub.
L. 93–380, title V, Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of Title 20, Education, and provisions set out as notes under sections 1221 and 1232g of
Title 20. For complete classification of this Act to the
Code, see Short Title of 1974 Amendment note set out
under section 1221 of Title 20 and Tables.
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
AMENDMENTS
2002—Subsec. (a)(3), (4). Pub. L. 107–173, § 501(a)(1),
added pars. (3) and (4).
Subsec. (c)(1)(E) to (H). Pub. L. 107–173, § 501(a)(2),
added subpars. (E) to (H).
Subsec. (c)(5). Pub. L. 107–173, § 501(a)(3), added par.
(5).
2001—Subsec. (a)(1). Pub. L. 107–56, § 416(c)(1), inserted
‘‘, other approved educational institutions,’’ after
‘‘higher education’’ in introductory provisions.
Subsec. (c)(1)(C), (D). Pub. L. 107–56, § 416(c)(2), inserted ‘‘, or other approved educational institution,’’
after ‘‘higher education’’.
Subsec. (c)(4)(A). Pub. L. 107–56, § 416(c)(1), inserted
‘‘, other approved educational institutions,’’ after
‘‘higher education’’.

Page 409

TITLE 8—ALIENS AND NATIONALITY

Subsec. (d)(1). Pub. L. 107–56, § 416(c)(1), inserted
‘‘, other approved educational institutions,’’ after
‘‘higher education’’ in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 107–56, § 416(c)(2), inserted
‘‘, or other approved educational institution,’’ after
‘‘higher education’’.
Subsec. (d)(2). Pub. L. 107–56, § 416(c)(3), inserted
‘‘, other approved educational institution,’’ after
‘‘higher education’’.
Subsec. (e)(1), (2). Pub. L. 107–56, § 416(c)(3), which directed insertion of ‘‘, other approved educational institution,’’ after ‘‘higher education’’ in pars. (1) and (2),
could not be executed because the words ‘‘higher education’’ did not appear. See 2000 Amendment notes
below.
Subsec. (h)(3). Pub. L. 107–56, § 416(c)(4), added par. (3).
2000—Subsec. (d)(1). Pub. L. 106–396, § 406(2), inserted
‘‘institutions of higher education or exchange visitor
programs’’ after ‘‘by’’ in introductory provisions.
Subsec. (e)(1). Pub. L. 106–396, § 404(1), in introductory
provisions, substituted ‘‘the Attorney General’’ for ‘‘an
approved institution of higher education and a designated exchange visitor program’’ and ‘‘a time prior to
the alien being classified under subparagraph (F), (J),
or (M) of section 1101(a)(15) of this title.’’ for ‘‘the
time—
‘‘(A) when the alien first registers with the institution or program after entering the United States; or
‘‘(B) in a case where a registration under subparagraph (A) does not exist, when the alien first commences activities in the United States with the institution or program.’’
Subsec. (e)(2). Pub. L. 106–396, § 404(2), amended heading and text of par. (2) generally. Prior to amendment,
text read as follows: ‘‘An approved institution of higher
education and a designated exchange visitor program
shall remit the fees collected under paragraph (1) to the
Attorney General pursuant to a schedule established by
the Attorney General.’’
Subsec. (e)(3). Pub. L. 106–396, § 404(3), substituted
‘‘alien who seeks’’ for ‘‘alien who has’’ and ‘‘who seeks
to come’’ for ‘‘who has come’’.
Subsec. (e)(4)(A). Pub. L. 106–553 inserted before period at end of second sentence ‘‘, except that, in the
case of an alien admitted under section 1101(a)(15)(J) of
this title as an au pair, camp counselor, or participant
in a summer work travel program, the fee shall not exceed $35’’ without reference to amendment made by
Pub. L. 106–396, § 404(4)(A). See below.
Pub. L. 106–396, § 404(4)(A), inserted before period at
end of second sentence ‘‘, except that, in the case of an
alien admitted under section 1101(a)(15)(J) of this title
as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $40’’.
See amendment note above.
Subsec. (e)(4)(B). Pub. L. 106–396, § 404(4)(B), inserted
at end ‘‘Such expenses include, but are not necessarily
limited to, those incurred by the Secretary of State in
connection with the program under subsection (a) of
this section.’’
Subsec. (e)(5), (6). Pub. L. 106–396, § 404(5), added pars.
(5) and (6).
Subsec. (g)(1). Pub. L. 106–396, § 405, amended heading
and text of par. (1) generally. Prior to amendment, text
read as follows:
‘‘(A) IN GENERAL.—Not later than 6 months after the
submission of the report required by subsection (f) of
this section, the Attorney General, in consultation
with the Secretary of State and the Secretary of Education, shall commence expansion of the program to
cover the nationals of all countries.
‘‘(B) DEADLINE.—Such expansion shall be completed
not later than 1 year after the date of the submission
of the report referred to in subsection (f) of this section.’’
Subsec. (h)(2)(A). Pub. L. 106–396, § 406(1), substituted
‘‘Secretary of State’’ for ‘‘Director of the United States
Information Agency’’.

§ 1373

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.
FOREIGN STUDENT MONITORING PROGRAM
Pub. L. 107–56, title IV, § 416(a), (b), Oct. 26, 2001, 115
Stat. 354, provided that:
‘‘(a) FULL IMPLEMENTATION AND EXPANSION OF FOREIGN STUDENT VISA MONITORING PROGRAM REQUIRED.—
The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the
program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372(a)).
‘‘(b) INTEGRATION WITH PORT OF ENTRY INFORMATION.—For each alien with respect to whom information is collected under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372), the Attorney General, in consultation with the Secretary of State, shall include information on the date of entry and port of entry.’’

§ 1373. Communication between government
agencies and the Immigration and Naturalization Service
(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or
local government entity or official may not prohibit, or in any way restrict, any government
entity or official from sending to, or receiving
from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency
may prohibit, or in any way restrict, a Federal,
State, or local government entity from doing
any of the following with respect to information
regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the
Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any
other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
The Immigration and Naturalization Service
shall respond to an inquiry by a Federal, State,
or local government agency, seeking to verify or
ascertain the citizenship or immigration status
of any individual within the jurisdiction of the
agency for any purpose authorized by law, by
providing the requested verification or status
information.
(Pub. L. 104–208, div. C, title VI, § 642, Sept. 30,
1996, 110 Stat. 3009–707.)
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.

§ 1374

TITLE 8—ALIENS AND NATIONALITY

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.

§ 1374. Information regarding female genital mutilation
(a) Provision of information regarding female
genital mutilation
The Immigration and Naturalization Service
(in cooperation with the Department of State)
shall make available for all aliens who are issued immigrant or nonimmigrant visas, prior to
or at the time of entry into the United States,
the following information:
(1) Information on the severe harm to physical and psychological health caused by female
genital mutilation which is compiled and presented in a manner which is limited to the
practice itself and respectful to the cultural
values of the societies in which such practice
takes place.
(2) Information concerning potential legal
consequences in the United States for (A) performing female genital mutilation, or (B) allowing a child under his or her care to be subjected to female genital mutilation, under
criminal or child protection statutes or as a
form of child abuse.
(b) Limitation
In consultation with the Secretary of State,
the Commissioner of Immigration and Naturalization shall identify those countries in
which female genital mutilation is commonly
practiced and, to the extent practicable, limit
the provision of information under subsection
(a) of this section to aliens from such countries.
(c) ‘‘Female genital mutilation’’ defined
For purposes of this section, the term ‘‘female
genital mutilation’’ means the removal or
infibulation (or both) of the whole or part of the
clitoris, the labia minora, or labia majora.
(Pub. L. 104–208, div. C, title VI, § 644, Sept. 30,
1996, 110 Stat. 3009–708.)
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
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.

§ 1375. Repealed. Pub. L. 109–162, title VIII,
§ 833(g), Jan. 5, 2006, 119 Stat. 3077
Section, Pub. L. 104–208, div. C, title VI, § 652, Sept. 30,
1996, 110 Stat. 3009–712, related to mail-order bride business.

Page 410

§ 1375a. Domestic violence information and resources for immigrants and regulation of
international marriage brokers
(a) Information for K nonimmigrants on legal
rights and resources for immigrant victims
of domestic violence
(1) In general
The Secretary of Homeland Security, in consultation with the Attorney General and the
Secretary of State, shall develop an information pamphlet, as described in paragraph (2),
on legal rights and resources for immigrant
victims of domestic violence and distribute
and make such pamphlet available as described in paragraph (5). In preparing such materials, the Secretary of Homeland Security
shall consult with nongovernmental organizations with expertise on the legal rights of immigrant victims of battery, extreme cruelty,
sexual assault, and other crimes.
(2) Information pamphlet
The information pamphlet developed under
paragraph (1) shall include information on the
following:
(A) The K nonimmigrant visa application
process and the marriage-based immigration
process, including conditional residence and
adjustment of status.
(B) The illegality of domestic violence,
sexual assault, and child abuse in the United
States and the dynamics of domestic violence.
(C) Domestic violence and sexual assault
services in the United States, including the
National Domestic Violence Hotline and the
National Sexual Assault Hotline.
(D) The legal rights of immigrant victims
of abuse and other crimes in immigration,
criminal justice, family law, and other matters, including access to protection orders.
(E) The obligations of parents to provide
child support for children.
(F) Marriage fraud under United States
immigration laws and the penalties for committing such fraud.
(G) A warning concerning the potential use
of K nonimmigrant visas by United States
citizens who have a history of committing
domestic violence, sexual assault, child
abuse, or other crimes and an explanation
that such acts may not have resulted in a
criminal record for such a citizen.
(H) Notification of the requirement under
subsection (d)(3)(A) of this section that
international marriage brokers provide foreign national clients with background information gathered on United States clients
from searches of Federal and State sex offender public registries and collected from
United States clients regarding their marital history and domestic violence or other
violent criminal history, but that such information may not be complete or accurate because the United States client may not have
a criminal record or may not have truthfully
reported their marital or criminal record.
(3) Summaries
The Secretary of Homeland Security, in consultation with the Attorney General and the

Page 411

TITLE 8—ALIENS AND NATIONALITY

Secretary of State, shall develop summaries of
the pamphlet developed under paragraph (1)
that shall be used by Federal officials when reviewing the pamphlet in interviews under subsection (b) of this section.
(4) Translation
(A) In general
In order to best serve the language groups
having the greatest concentration of K nonimmigrant visa applicants, the information
pamphlet developed under paragraph (1)
shall, subject to subparagraph (B), be translated by the Secretary of State into foreign
languages, including Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian,
Thai, Korean, Polish, Japanese, French, Arabic, Portuguese, Hindi, and such other languages as the Secretary of State, in the Secretary’s discretion, may specify.
(B) Revision
Every 2 years, the Secretary of Homeland
Security, in consultation with the Attorney
General and the Secretary of State, shall determine at least 14 specific languages into
which the information pamphlet is translated based on the languages spoken by the
greatest concentrations of K nonimmigrant
visa applicants.
(5) Availability and distribution
The information pamphlet developed under
paragraph (1) shall be made available and distributed as follows:
(A) Mailings to K nonimmigrant visa applicants
(i) The pamphlet shall be mailed by the
Secretary of State to each applicant for a K
nonimmigrant visa at the same time that
the instruction packet regarding the visa application process is mailed to such applicant. The pamphlet so mailed shall be in the
primary language of the applicant or in
English if no translation into the applicant’s
primary language is available.
(ii) The Secretary of Homeland Security
shall provide to the Secretary of State, for
inclusion in the mailing under clause (i), a
copy of the petition submitted by the petitioner for such applicant under subsection
(d) or (r) of section 1184 of this title.
(iii) The Secretary of Homeland Security
shall provide to the Secretary of State any
criminal background information the Secretary of Homeland Security possesses with
respect to a petitioner under subsection (d)
or (r) of section 1184 of this title. The Secretary of State, in turn, shall share any such
criminal background information that is in
government records or databases with the K
nonimmigrant visa applicant who is the beneficiary of the petition. The visa applicant
shall be informed that such criminal background information is based on available
records and may not be complete. The Secretary of State also shall provide for the disclosure of such criminal background information to the visa applicant at the consular
interview in the primary language of the
visa applicant. Nothing in this clause shall

§ 1375a

be construed to authorize the Secretary of
Homeland Security to conduct any new or
additional criminal background check that
is not otherwise conducted in the course of
adjudicating such petitions.
(B) Consular access
The pamphlet developed under paragraph
(1) shall be made available to the public at
all consular posts. The summaries described
in paragraph (3) shall be made available to
foreign service officers at all consular posts.
(C) Posting on Federal websites
The pamphlet developed under paragraph
(1) shall be posted on the websites of the Department of State and the Department of
Homeland Security, as well as on the
websites of all consular posts processing applications for K nonimmigrant visas.
(D) International marriage brokers and victim advocacy organizations
The pamphlet developed under paragraph
(1) shall be made available to any international marriage broker, government agency, or nongovernmental advocacy organization.
(6) Deadline for pamphlet development and
distribution
The pamphlet developed under paragraph (1)
shall be distributed and made available (including in the languages specified under paragraph (4)) not later than 120 days after January 5, 2006.
(b) Visa and adjustment interviews
(1) Fiance´(e)s, spouses and their derivatives
During an interview with an applicant for a
K nonimmigrant visa, a consular officers
shall—
(A) provide information, in the primary
language of the visa applicant, on protection
orders or criminal convictions collected
under subsection (a)(5)(A)(iii) of this section;
(B) provide a copy of the pamphlet developed under subsection (a)(1) of this section
in English or another appropriate language
and provide an oral summary, in the primary language of the visa applicant, of that
pamphlet; and
(C) ask the applicant, in the primary language of the applicant, whether an international marriage broker has facilitated the
relationship between the applicant and the
United States petitioner, and, if so, obtain
the identity of the international marriage
broker from the applicant and confirm that
the international marriage broker provided
to the applicant the information and materials required under subsection (d)(3)(A)(iii)
of this section.
(2) Family-based applicants
The pamphlet developed under subsection
(a)(1) of this section shall be distributed directly to applicants for family-based immigration petitions at all consular and adjustment
interviews for such visas. The Department of
State or Department of Homeland Security officer conducting the interview shall review the
summary of the pamphlet with the applicant

§ 1375a

TITLE 8—ALIENS AND NATIONALITY

orally in the applicant’s primary language, in
addition to distributing the pamphlet to the
applicant in English or another appropriate
language.
(c) Confidentiality
In fulfilling the requirements of this section,
no official of the Department of State or the Department of Homeland Security shall disclose to
a nonimmigrant visa applicant the name or contact information of any person who was granted
a protection order or restraining order against
the petitioner or who was a victim of a crime of
violence perpetrated by the petitioner, but shall
disclose the relationship of the person to the petitioner.
(d) Regulation of international marriage brokers
(1) Prohibition on marketing children
An international marriage broker shall not
provide any individual or entity with the personal contact information, photograph, or
general information about the background or
interests of any individual under the age of 18.
(2) Requirements of international marriage
brokers with respect to mandatory collection of background information
(A) In general
(i) Search of sex offender public registries
Each international marriage broker
shall search the National Sex Offender
Public Registry or State sex offender public registry, as required under paragraph
(3)(A)(i).
(ii) Collection of background information
Each international marriage broker
shall also collect the background information listed in subparagraph (B) about the
United States client to whom the personal
contact information of a foreign national
client would be provided.
(B) Background information
The international marriage broker shall
collect a certification signed (in written,
electronic, or other form) by the United
States client accompanied by documentation or an attestation of the following background information about the United States
client:
(i) Any temporary or permanent civil
protection order or restraining order issued against the United States client.
(ii) Any Federal, State, or local arrest or
conviction of the United States client for
homicide, murder, manslaughter, assault,
battery, domestic violence, rape, sexual
assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect,
torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or stalking.
(iii) Any Federal, State, or local arrest
or conviction of the United States client
for—
(I) solely, principally, or incidentally
engaging in prostitution;
(II) a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or

Page 412

(III) receiving, in whole or in part, of
the proceeds of prostitution.
(iv) Any Federal, State, or local arrest or
conviction of the United States client for
offenses related to controlled substances
or alcohol.
(v) Marital history of the United States
client, including whether the client is currently married, whether the client has previously been married and how many times,
how previous marriages of the client were
terminated and the date of termination,
and whether the client has previously
sponsored an alien to whom the client was
engaged or married.
(vi) The ages of any of the United States
client’s children who are under the age of
18.
(vii) All States and countries in which
the United States client has resided since
the client was 18 years of age.
(3) Obligation of international marriage brokers with respect to informed consent
(A) Limitation on sharing information about
foreign national clients
An international marriage broker shall
not provide any United States client or representative with the personal contact information of any foreign national client unless
and until the international marriage broker
has—
(i) performed a search of the National
Sex Offender Public Registry, or of the relevant State sex offender public registry for
any State not yet participating in the National Sex Offender Public Registry in
which the United States client has resided
during the previous 20 years, for information regarding the United States client;
(ii) collected background information
about the United States client required
under paragraph (2);
(iii) provided to the foreign national client—
(I) in the foreign national client’s primary language, a copy of any records retrieved from the search required under
paragraph (2)(A)(i) or documentation
confirming that such search retrieved no
records;
(II) in the foreign national client’s primary language, a copy of the background
information collected by the international marriage broker under paragraph (2)(B); and
(III) in the foreign national client’s
primary language (or in English or other
appropriate language if there is no translation available into the client’s primary
language), the pamphlet developed under
subsection (a)(1) of this section; and
(iv) received from the foreign national
client a signed, written consent, in the foreign national client’s primary language, to
release the foreign national client’s personal contact information to the specific
United States client.
(B) Confidentiality
In fulfilling the requirements of this paragraph, an international marriage broker

Page 413

TITLE 8—ALIENS AND NATIONALITY

shall disclose the relationship of the United
States client to individuals who were issued
a protection order or restraining order as described in clause (i) of paragraph (2)(B), or of
any other victims of crimes as described in
clauses (ii) through (iv) of such paragraph,
but shall not disclose the name or location
information of such individuals.
(C) Penalty for misuse of information
A person who knowingly discloses, uses, or
causes to be used any information obtained
by an international marriage broker as a result of the obligations imposed on it under
paragraph (2) and this paragraph for any
purpose other than the disclosures required
under this paragraph shall be fined in accordance with title 18 or imprisoned not
more than 1 year, or both. These penalties
are in addition to any other civil or criminal
liability under Federal or State law which a
person may be subject to for the misuse of
that information, including to threaten, intimidate, or harass any individual. Nothing
in this section shall prevent the disclosure
of such information to law enforcement or
pursuant to a court order.
(4) Limitation on disclosure
An international marriage broker shall not
provide the personal contact information of
any foreign national client to any person or
entity other than a United States client. Such
information shall not be disclosed to potential
United States clients or individuals who are
being recruited to be United States clients or
representatives.
(5) Penalties
(A) Federal civil penalty
(i) Violation
An international marriage broker that
violates (or attempts to violate) paragraph
(1), (2), (3), or (4) is subject to a civil penalty of not less than $5,000 and not more
than $25,000 for each such violation.
(ii) Procedures for imposition of penalty
A penalty may be imposed under clause
(i) by the Attorney General only after notice and an opportunity for an agency
hearing on the record in accordance with
subchapter II of chapter 5 of title 5 (popularly known as the Administrative Procedure Act).
(B) Federal criminal penalty
In circumstances in or affecting interstate
or foreign commerce, an international marriage broker that, within the special maritime and territorial jurisdiction of the
United States, violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be
fined in accordance with title 18 or imprisoned for not more than 5 years, or both.
(C) Additional remedies
The penalties and remedies under this subsection are in addition to any other penalties or remedies available under law.
(6) Nonpreemption
Nothing in this subsection shall preempt—

§ 1375a

(A) any State law that provides additional
protections for aliens who are utilizing the
services of an international marriage
broker; or
(B) any other or further right or remedy
available under law to any party utilizing
the services of an international marriage
broker.
(7) Effective date
(A) In general
Except as provided in subparagraph (B),
this subsection shall take effect on the date
that is 60 days after January 5, 2006.
(B) Additional time allowed for information
pamphlet
The requirement for the distribution of
the pamphlet developed under subsection
(a)(1) of this section shall not apply until 30
days after the date of its development and
initial distribution under subsection (a)(6) of
this section.
(e) Definitions
In this section:
(1) Crime of violence
The term ‘‘crime of violence’’ has the meaning given such term in section 16 of title 18.
(2) Domestic violence
The term ‘‘domestic violence’’ has the meaning given such term in section 3 of this Act.1
(3) Foreign national client
The term ‘‘foreign national client’’ means a
person who is not a United States citizen or
national or an alien lawfully admitted to the
United States for permanent residence and
who utilizes the services of an international
marriage broker. Such term includes an alien
residing in the United States who is in the
United States as a result of utilizing the services of an international marriage broker and
any alien recruited by an international marriage broker or representative of such broker.
(4) International marriage broker
(A) In general
The term ‘‘international marriage broker’’
means a corporation, partnership, business,
individual, or other legal entity, whether or
not organized under any law of the United
States, that charges fees for providing dating, matrimonial, matchmaking services, or
social referrals between United States citizens or nationals or aliens lawfully admitted
to the United States as permanent residents
and foreign national clients by providing
personal contact information or otherwise
facilitating communication between individuals.
(B) Exceptions
Such term does not include—
(i) a traditional matchmaking organization of a cultural or religious nature that
operates on a nonprofit basis and otherwise operates in compliance with the laws
of the countries in which it operates, including the laws of the United States; or
1 See

References in Text note below.

§ 1375a

TITLE 8—ALIENS AND NATIONALITY

(ii) an entity that provides dating services if its principal business is not to provide international dating services between
United States citizens or United States
residents and foreign nationals and it
charges comparable rates and offers comparable services to all individuals it serves
regardless of the individual’s gender or
country of citizenship.
(5) K nonimmigrant visa
The term ‘‘K nonimmigrant visa’’ means a
nonimmigrant visa under clause (i) or (ii) of
section 1101(a)(15)(K) of this title.
(6) Personal contact information
(A) In general
The term ‘‘personal contact information’’
means information, or a forum to obtain
such information, that would permit individuals to contact each other, including—
(i) the name or residential, postal, electronic mail, or instant message address of
an individual;
(ii) the telephone, pager, cellphone, or
fax number, or voice message mailbox of
an individual; or
(iii) the provision of an opportunity for
an in-person meeting.
(B) Exception
Such term does not include a photograph
or general information about the background or interests of a person.
(7) Representative
The term ‘‘representative’’ means, with respect to an international marriage broker, the
person or entity acting on behalf of such
broker. Such a representative may be a recruiter, agent, independent contractor, or
other international marriage broker or other
person conveying information about or to a
United States client or foreign national client,
whether or not the person or entity receives
remuneration.
(8) State
The term ‘‘State’’ includes the District of
Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Northern
Mariana Islands.
(9) United States
The term ‘‘United States’’, when used in a
geographic sense, includes all the States.
(10) United States client
The term ‘‘United States client’’ means a
United States citizen or other individual who
resides in the United States and who utilizes
the services of an international marriage
broker, if a payment is made or a debt is incurred to utilize such services.
(f) GAO study and report
(1) Study
The Comptroller General of the United
States shall conduct a study—
(A) on the impact of this section and section 832 1 on the K nonimmigrant visa process, including specifically—
(i) annual numerical changes in petitions
for K nonimmigrant visas;

Page 414

(ii) the annual number (and percentage)
of such petitions that are denied under
subsection (d)(2) or (r) of section 1184 of
this title, as amended by this Act;
(iii) the annual number of waiver applications submitted under such a subsection,
the number (and percentage) of such applications granted or denied, and the reasons
for such decisions;
(iv) the annual number (and percentage)
of cases in which the criminal background
information collected and provided to the
applicant as required by subsection
(a)(5)(A)(iii) of this section contains one or
more convictions;
(v) the annual number and percentage of
cases described in clause (iv) that were
granted or were denied waivers under section 1184(d)(2) of this title, as amended by
this Act;
(vi) the annual number of fiance´(e) and
spousal K nonimmigrant visa petitions or
family-based immigration petitions filed
by petitioners or applicants who have previously filed other fiance´(e) or spousal K
nonimmigrant visa petitions or familybased immigration petitions;
(vii) the annual number of fiance´(e) and
spousal K nonimmigrant visa petitions or
family-based immigration petitions filed
by petitioners or applicants who have concurrently filed other fiance´(e) or spousal K
nonimmigrant visa petitioners or familybased immigration petitions; and
(viii) the annual and cumulative number
of petitioners and applicants tracked in
the multiple filings database established
under paragraph (4) of section 1184(r) of
this title, as added by this Act;
(B) regarding the number of international
marriage brokers doing business in the
United States, the number of marriages resulting from the services provided, and the
extent of compliance with the applicable requirements of this section;
(C) that assesses the accuracy and completeness of information gathered under section 832 1 and this section from clients and
petitioners by international marriage brokers, the Department of State, or the Department of Homeland Security;
(D) that examines, based on the information gathered, the extent to which persons
with a history of violence are using either
the K nonimmigrant visa process or the
services of international marriage brokers,
or both, and the extent to which such persons are providing accurate and complete information to the Department of State or the
Department of Homeland Security and to
international marriage brokers in accordance with subsections (a) and (d)(2)(B) of this
section; and
(E) that assesses the accuracy and completeness of the criminal background check
performed by the Secretary of Homeland Security at identifying past instances of domestic violence.
(2) Report
Not later than 2 years after January 5, 2006,
the Comptroller General shall submit to the

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TITLE 8—ALIENS AND NATIONALITY

Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House
of Representatives a report setting forth the
results of the study conducted under paragraph (1).
(3) Data collection
The Secretary of Homeland Security and the
Secretary of State shall collect and maintain
the data necessary for the Comptroller General of the United States to conduct the study
required by paragraph (1).
(Pub. L. 109–162, title VIII, § 833, Jan. 5, 2006, 119
Stat. 3068.)
REFERENCES IN TEXT
Section 3 of this Act, referred to in subsec. (e)(2), 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.
Section 832, referred to in subsec. (f)(1)(A), (C), is section 832 of Pub. L. 109–162, which amended section 1184
of this title and enacted provisions set out as notes
under section 1184 of this title.
This Act, referred to in subsec. (f)(1)(A)(ii), (v), and
(viii), is Pub. L. 109–162, Jan. 5, 2006, 119 Stat. 2960,
known as the Violence Against Women and Department
of Justice Reauthorization Act of 2005. For complete
classification of this Act to the Code, see Short Title of
2006 Amendment note set out under section 13701 of
Title 42, The Public Health and Welfare, and Tables.
CODIFICATION
Section was enacted as part of the International Marriage Broker Regulation Act of 2005, and also as part of
the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the
Immigration and Nationality Act which comprises this
chapter.
Section is comprised of section 833 of Pub. L. 109–162.
Subsec. (g) of section 833 of Pub. L. 109–162 repealed section 1375 of this title.

§ 1375b. Protections for domestic workers and
other nonimmigrants
(a) Information pamphlet
(1) Development and distribution
The Secretary of State, in consultation with
the Secretary of Homeland Security, the Attorney General, and the Secretary of Labor,
shall develop an information pamphlet on
legal rights and resources for aliens applying
for employment- or education-based nonimmigrant visas.
(2) Consultation
In developing the information pamphlet
under paragraph (1), the Secretary of State
shall consult with nongovernmental organizations with expertise on the legal rights of
workers and victims of severe forms of trafficking in persons.
(b) Contents
The information pamphlet developed under
subsection (a) shall include information concerning items such as—
(1) the nonimmigrant visa application processes, including information about the portability of employment;
(2) the legal rights of employment or education-based nonimmigrant visa holders under

§ 1375b

Federal immigration, labor, and employment
law;
(3) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion,
blackmail, and worker exploitation in the
United States;
(4) the legal rights of immigrant victims of
trafficking in persons and worker exploitation, including—
(A) the right of access to immigrant and
labor rights groups;
(B) the right to seek redress in United
States courts;
(C) the right to report abuse without retaliation;
(D) the right of the nonimmigrant to relinquish possession of his or her passport to his
or her employer;
(E) the requirement of an employment
contract between the employer and the nonimmigrant; and
(F) an explanation of the rights and protections included in the contract described
in subparagraph (E); and
(5) information about nongovernmental organizations that provide services for victims
of trafficking in persons and worker exploitation, including—
(A) anti-trafficking in persons telephone
hotlines operated by the Federal Government;
(B) the Operation Rescue and Restore hotline; and
(C) a general description of the types of
victims services available for individuals
subject to trafficking in persons or worker
exploitation.
(c) Translation
(1) In general
To best serve the language groups having
the greatest concentration of employmentbased nonimmigrant visas, the Secretary of
State shall translate the information pamphlet developed under subsection (a) into all
relevant foreign languages, to be determined
by the Secretary based on the languages spoken by the greatest concentrations of
employmentor
education-based
nonimmigrant visa applicants.
(2) Revision
Every 2 years, the Secretary of State, in
consultation with the Attorney General and
the Secretary of Homeland Security, shall determine the specific languages into which the
information pamphlet will be translated based
on the languages spoken by the greatest concentrations of employment- or educationbased nonimmigrant visa applicants.
(d) Availability and distribution
(1) Posting on Federal websites
The information pamphlet developed under
subsection (a) shall be posted on the websites
of the Department of State, the Department of
Homeland Security, the Department of Justice, the Department of Labor, and all United
States consular posts processing applications
for employment- or education-based nonimmigrant visas.

§ 1375c

TITLE 8—ALIENS AND NATIONALITY

(2) Other distribution
The information pamphlet developed under
subsection (a) shall be made available to any—
(A) government agency;
(B) nongovernmental advocacy organization; or
(C) foreign labor broker doing business in
the United States.
(3) Deadline for pamphlet development and
distribution
Not later than 180 days after December 23,
2008, the Secretary of State shall distribute
and make available the information pamphlet
developed under subsection (a) in all the languages referred to in subsection (c).
(e) Responsibilities of consular officers of the Department of State
(1) Interviews
A consular officer conducting an interview
of an alien for an employment-based nonimmigrant visa shall—
(A)(i) confirm that the alien has received,
read, and understood the contents of the
pamphlet described in subsections (a) and
(b); and
(ii) if the alien has not received, read, or
understood the contents of the pamphlet described in subsections (a) and (b), distribute
and orally disclose to the alien the information described in paragraphs (2) and (3) in a
language that the alien understands; and
(B) offer to answer any questions the alien
may have regarding the contents of the pamphlet described in subsections (a) and (b).
(2) Legal rights
The consular officer shall disclose to the
alien—
(A) the legal rights of employment-based
nonimmigrants under Federal immigration,
labor, and employment laws;
(B) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion,
blackmail, and worker exploitation in the
United States; and
(C) the legal rights of immigrant victims
of trafficking in persons, worker exploitation, and other related crimes, including—
(i) the right of access to immigrant and
labor rights groups;
(ii) the right to seek redress in United
States courts; and
(iii) the right to report abuse without retaliation.
(3) Victim services
In carrying out the disclosure requirement
under this subsection, the consular officer
shall disclose to the alien the availability of
services for victims of human trafficking and
worker exploitation in the United States, including victim services complaint hotlines.
(f) Definitions
In this section:
(1) Employment- or education-based nonimmigrant visa
The term ‘‘employment- or education-based
nonimmigrant visa’’ means—

Page 416

(A) a nonimmigrant visa issued under subparagraph (A)(iii), (G)(v), (H), or (J) of section 1101(a)(15) of this title; and
(B) any nonimmigrant visa issued to a personal or domestic servant who is accompanying or following to join an employer.
(2) Severe forms of trafficking in persons
The term ‘‘severe forms of trafficking in persons’’ has the meaning given the term in section 7102 of title 22.
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of State.
(4) Abusing and exploiting
The term ‘‘abusing and exploiting’’ means
any conduct which would constitute a violation of section 1466A, 1589, 1591, 1592, 2251, or
2251A of title 18.
(Pub. L. 110–457, title II, § 202, Dec. 23, 2008, 122
Stat. 5055.)
CODIFICATION
Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and not as part of the Immigration and Nationality Act which comprises this chapter.

§ 1375c. Protections, remedies, and limitations on
issuance for A–3 and G–5 visas
(a) Limitations on issuance of A–3 and G–5 visas
(1) Contract requirement
Notwithstanding any other provision of law,
the Secretary of State may not issue—
(A) an A–3 visa unless the applicant is employed, or has signed a contract to be employed containing the requirements set forth
in subsection (d)(2),1 by an officer of a diplomatic mission or consular post; or
(B) a G–5 visa unless the applicant is employed, or has signed a contract to be employed by an employee in an international
organization.
(2) Suspension requirement
Notwithstanding any other provision of law,
the Secretary shall suspend, for such period as
the Secretary determines necessary, the issuance of A–3 visas or G–5 visas to applicants
seeking to work for officials of a diplomatic
mission or an international organization, if
the Secretary determines that there is credible evidence that 1 or more employees of such
mission or international organization have
abused or exploited 1 or more nonimmigrants
holding an A–3 visa or a G–5 visa, and that the
diplomatic mission or international organization tolerated such actions.
(3) Action by diplomatic missions or international organizations
The Secretary may suspend the application
of the limitation under paragraph (2) if the
Secretary determines and reports to the appropriate congressional committees that a
mechanism is in place to ensure that such
abuse or exploitation does not reoccur with respect to any alien employed by an employee of
such mission or institution.
1 So

in original. Probably should be ‘‘(b)(2),’’.

Page 417

TITLE 8—ALIENS AND NATIONALITY

(b) Protections and remedies for A–3 and G–5
nonimmigrants employed by diplomats and
staff of international organizations
(1) In general
The Secretary may not issue or renew an
A–3 visa or a G–5 visa unless—
(A) the visa applicant has executed a contract with the employer or prospective employer containing provisions described in
paragraph (2); and
(B) a consular officer has conducted a personal interview with the applicant outside
the presence of the employer or any recruitment agent in which the officer reviewed the
terms of the contract and the provisions of
the pamphlet required under section 1375b of
this title.
(2) Mandatory contract
The contract between the employer and domestic worker required under paragraph (1)
shall include—
(A) an agreement by the employer to abide
by all Federal, State, and local laws in the
United States;
(B) information on the frequency and form
of payment, work duties, weekly work
hours, holidays, sick days, and vacation
days; and
(C) an agreement by the employer not to
withhold the passport, employment contract, or other personal property of the employee.
(3) Training of consular officers
The Secretary shall provide appropriate
training to consular officers on the fair labor
standards described in the pamphlet required
under section 1375b of this title, trafficking in
persons, and the provisions of this section.
(4) Record keeping
(A) In general
The Secretary shall maintain records on
the presence of nonimmigrants holding an
A–3 visa or a G–5 visa in the United States,
including—
(i) information about when the nonimmigrant
entered
and
permanently
exited the country of residence;
(ii) the official title, contact information, and immunity level of the employer;
and
(iii) information regarding any allegations of employer abuse received by the
Department of State.
(c) Protection from removal during legal actions
against former employers
(1) Remaining in the United States to seek
legal redress
(A) Effect of complaint filing
Except as provided in subparagraph (B), if
a nonimmigrant holding an A–3 visa or a G–5
visa working in the United States files a
civil action under section 1595 of title 18 or
a civil action regarding a violation of any of
the terms contained in the contract or violation of any other Federal, State, or local law
in the United States governing the terms
and conditions of employment of the non-

§ 1375c

immigrant that are associated with acts
covered by such section, the Attorney General and the Secretary of Homeland Security
shall permit the nonimmigrant to remain legally in the United States for time sufficient
to fully and effectively participate in all
legal proceedings related to such action.
(B) Exception
An alien described in subparagraph (A)
may be deported before the conclusion of the
legal proceedings related to a civil action
described in such subparagraph if such alien
is—
(i)
inadmissible
under
paragraph
(2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H),
(2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), (3)(C), or
(3)(F) of section 1182(a) of this title; or
(ii) deportable under paragraph (2)(A)(ii),
(2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or
(4)(C) of section 1227(a) of this title.
(C) Failure to exercise due diligence
If the Secretary of Homeland Security,
after consultation with the Attorney General, determines that the nonimmigrant
holding an A–3 visa or a G–5 visa has failed
to exercise due diligence in pursuing an action described in subparagraph (A), the Secretary may terminate the status of the A–3
or G–5 nonimmigrant.
(2) Authorization to work
The Attorney General and the Secretary of
Homeland Security shall authorize any nonimmigrant described in paragraph (1) to engage in employment in the United States during the period the nonimmigrant is in the
United States pursuant to paragraph (1).
(d) Study and report
(1) Investigation report
(A) In general
Not later than 180 days after December 23,
2008, and every 2 years thereafter for the following 10 years, the Secretary shall submit a
report to the appropriate congressional committees on the implementation of this section.
(B) Contents
The report submitted under subparagraph
(A) shall include—
(i) an assessment of the actions taken by
the Department of State and the Department of Justice to investigate allegations
of trafficking or abuse of nonimmigrants
holding an A–3 visa or a G–5 visa; and
(ii) the results of such investigations.
(2) Feasibility of oversight of employees of diplomats and representatives of other institutions report
Not later than 180 days after December 23,
2008, the Secretary shall submit a report to
the appropriate congressional committees on
the feasibility of—
(A) establishing a system to monitor the
treatment of nonimmigrants holding an A–3
visa or a G–5 visa who have been admitted to
the United States;
(B) a range of compensation approaches,
such as a bond program, compensation fund,

§ 1376

TITLE 8—ALIENS AND NATIONALITY

or insurance scheme, to ensure that such
nonimmigrants receive appropriate compensation if their employers violate the
terms of their employment contracts; and
(C) with respect to each proposed compensation approach described in subparagraph (B), an evaluation and proposal describing the proposed processes for—
(i) adjudicating claims of rights violations;
(ii) determining the level of compensation; and
(iii) administering the program, fund, or
scheme.
(e) Assistance to law enforcement investigations
The Secretary shall cooperate, to the fullest
extent possible consistent with the United
States obligations under the Vienna Convention
on Diplomatic Relations, done at Vienna, April
18, 1961, (23 U.S.T. 3229),2 with any investigation
by United States law enforcement authorities of
crimes related to abuse or exploitation of a nonimmigrant holding an A–3 visa or a G–5 visa.
(f) Definitions
In this section:
(1) A–3 visa
The term ‘‘A–3 visa’’ means a nonimmigrant
visa
issued
pursuant
to
section
1101(a)(15)(A)(iii) of this title.
(2) G–5 visa
The term ‘‘G–5 visa’’ means a nonimmigrant
visa
issued
pursuant
to
section
1101(a)(15)(G)(v) of this title.
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of State.
(4) Appropriate congressional committees
The term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Affairs and
the Committee on the Judiciary of the
House of Representatives; and
(B) the Committee on Foreign Relations
and the Committee on the Judiciary of the
Senate.
(Pub. L. 110–457, title II, § 203, Dec. 23, 2008, 122
Stat. 5057.)
CODIFICATION
Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and not as part of the Immigration and Nationality Act which comprises this chapter.

§ 1376. Data on nonimmigrant overstay rates
(a) Collection of data
Not later than the date that is 180 days after
April 27, 1998, the Attorney General shall implement a program to collect data, for each fiscal
year, regarding the total number of aliens within each of the classes of nonimmigrant aliens described in section 1101(a)(15) of this title whose
authorized period of stay in the United States
2 So in original. Probably should be ‘‘April 18, 1961 (23 U.S.T.
3227),’’.

Page 418

terminated during the previous fiscal year, but
who remained in the United States notwithstanding such termination.
(b) Annual report
Not later than June 30, 1999, and not later than
June 30 of each year thereafter, the Attorney
General shall submit an annual report to the
Congress providing numerical estimates, for
each country for the preceding fiscal year, of the
number of aliens from the country who are described in subsection (a) of this section.
(Pub. L. 105–173, § 2, Apr. 27, 1998, 112 Stat. 56.)
CODIFICATION
Section was not enacted as part of the Immigration
and Nationality Act which comprises this chapter.
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.

§ 1377. Collection of data on detained asylum
seekers
(a) In general
The Attorney General shall regularly collect
data on a nation-wide 1 basis with respect to asylum seekers in detention in the United States,
including the following information:
(1) The number of detainees.
(2) An identification of the countries of origin of the detainees.
(3) The percentage of each gender within the
total number of detainees.
(4) The number of detainees listed by each
year of age of the detainees.
(5) The location of each detainee by detention facility.
(6) With respect to each facility where detainees are held, whether the facility is also
used to detain criminals and whether any of
the detainees are held in the same cells as
criminals.
(7) The number and frequency of the transfers of detainees between detention facilities.
(8) The average length of detention and the
number of detainees by category of the length
of detention.
(9) The rate of release from detention of detainees for each district of the Immigration
and Naturalization Service.
(10) A description of the disposition of cases.
(b) Annual reports
Beginning October 1, 1999, and not later than
October 1 of each year thereafter, the Attorney
General shall submit to the Committee on the
Judiciary of each House of Congress a report
setting forth the data collected under subsection
(a) of this section for the fiscal year ending September 30 of that year.
(c) Availability to public
Copies of the data collected under subsection
(a) of this section shall be made available to
members of the public upon request pursuant to
such regulations as the Attorney General shall
prescribe.
1 So

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

Page 419

TITLE 8—ALIENS AND NATIONALITY

(Pub. L. 105–277, div. A, § 101(h) [title IX, § 903],
Oct. 21, 1998, 112 Stat. 2681–480, 2681–541.)
CODIFICATION
Section was enacted as part of the Haitian Refugee
Immigration Fairness Act of 1998, and also as part of
the Treasury and General Government Appropriations
Act, 1999, and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not
as part of the Immigration and Nationality Act which
comprises this chapter.
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.

§ 1378. Collection of data on other detained
aliens
(a) In general
The Attorney General shall regularly collect
data on a nationwide basis on aliens being detained in the United States by the Immigration
and Naturalization Service other than the aliens
described in section 1377 of this title, including
the following information:
(1) The number of detainees who are criminal aliens and the number of detainees who
are noncriminal aliens who are not seeking
asylum.
(2) An identification of the ages, gender, and
countries of origin of detainees within each
category described in paragraph (1).
(3) The types of facilities, whether facilities
of the Immigration and Naturalization Service
or other Federal, State, or local facilities, in
which each of the categories of detainees described in paragraph (1) are held.
(b) Length of detention, transfers, and dispositions
With respect to detainees who are criminal
aliens and detainees who are noncriminal aliens
who are not seeking asylum, the Attorney General shall also collect data concerning—
(1) the number and frequency of transfers between detention facilities for each category of
detainee;
(2) the average length of detention of each
category of detainee;
(3) for each category of detainee, the number
of detainees who have been detained for the
same length of time, in 3-month increments;
(4) for each category of detainee, the rate of
release from detention for each district of the
Immigration and Naturalization Service; and
(5) for each category of detainee, the disposition of detention, including whether detention
ended due to deportation, release on parole, or
any other release.
(c) Criminal aliens
With respect to criminal aliens, the Attorney
General shall also collect data concerning—
(1) the number of criminal aliens apprehended under the immigration laws and not
detained by the Attorney General; and
(2) a list of crimes committed by criminal
aliens after the decision was made not to detain them, to the extent this information can

§ 1379

be derived by cross-checking the list of criminal aliens not detained with other databases
accessible to the Attorney General.
(d) Annual reports
Beginning on October 1, 1999, and not later
than October 1 of each year thereafter, the Attorney General shall submit to the Committee
on the Judiciary of each House of Congress a report setting forth the data collected under subsections (a), (b), and (c) of this section for the
fiscal year ending September 30 of that year.
(e) Availability to public
Copies of the data collected under subsections
(a), (b), and (c) of this section shall be made
available to members of the public upon request
pursuant to such regulations as the Attorney
General shall prescribe.
(Pub. L. 105–277, div. A, § 101(h) [title IX, § 904],
Oct. 21, 1998, 112 Stat. 2681–480, 2681–542.)
CODIFICATION
Section was enacted as part of the Haitian Refugee
Immigration Fairness Act of 1998, and also as part of
the Treasury and General Government Appropriations
Act, 1999, and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not
as part of the Immigration and Nationality Act which
comprises this chapter.
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.

§ 1379. Technology standard to confirm identity
(1) In general
The Attorney General and the Secretary of
State jointly, through the National Institute of
Standards and Technology (NIST), and in consultation with the Secretary of the Treasury
and other Federal law enforcement and intelligence agencies the Attorney General or Secretary of State deems appropriate and in consultation with Congress, shall within 15 months
after October 26, 2001, develop and certify a technology standard, including appropriate biometric identifier standards, that can be used to verify the identity of persons applying for a United
States visa or such persons seeking to enter the
United States pursuant to a visa for the purposes of conducting background checks, confirming identity, and ensuring that a person has
not received a visa under a different name or
such person seeking to enter the United States
pursuant to a visa.
(2) Interoperable
The technology standard developed pursuant
to paragraph (1), shall be the technological basis
for a cross-agency, cross-platform electronic
system that is a cost-effective, efficient, fully
interoperable means to share law enforcement
and intelligence information necessary to confirm the identity of such persons applying for a
United States visa or such person seeking to
enter the United States pursuant to a visa.
(3) Accessible
The electronic system described in paragraph
(2), once implemented, shall be readily and easily accessible to—

§ 1380

TITLE 8—ALIENS AND NATIONALITY

(A) all consular officers responsible for the
issuance of visas;
(B) all Federal inspection agents at all
United States border inspection points; and
(C) all law enforcement and intelligence officers as determined by regulation to be responsible for investigation or identification of
aliens admitted to the United States pursuant
to a visa.
(4) Report
Not later than one year after October 26, 2001,
and every 2 years thereafter, the Attorney General and the Secretary of State shall jointly, in
consultation with the Secretary of Treasury, report to Congress describing the development,
implementation, efficacy, and privacy implications of the technology standard and electronic
database system described in this section.
(5) Funding
There is authorized to be appropriated to the
Secretary of State, the Attorney General, and
the Director of the National Institute of Standards and Technology such sums as may be necessary to carry out the provisions of this section.
(Pub. L. 107–56, title IV, § 403(c), Oct. 26, 2001, 115
Stat. 344; Pub. L. 107–173, title II, §§ 201(c)(5),
202(a)(4)(B), May 14, 2002, 116 Stat. 548, 549.)

Page 420

proved, extended, and amended with respect to
nonimmigrants
described
in
section
1101(a)(15)(L) of this title, including the number
of such nonimmigrants who are classified on the
basis of specialized knowledge and the number
of nonimmigrants who are classified on the basis
of specialized knowledge in order to work primarily at offsite locations.
(b) Applicability
Subsection (a) of this section shall apply to
petitions filed on or after the effective date of
this subtitle.
(Pub. L. 108–447, div. J, title IV, § 414, Dec. 8, 2004,
118 Stat. 3352.)
REFERENCES IN TEXT
This subtitle, referred to in subsec. (b), means subtitle A (§§ 411–417) of title IV of div. J of Pub. L. 108–447.
For the effective date of subtitle A, see section 417 of
Pub. L. 108–447, set out as an Effective Date of 2004
Amendment note under section 1184 of this title.
CODIFICATION
Section was enacted as part of the L–1 Visa (Intracompany Transferee) Reform Act of 2004, and also as
part of the L–1 Visa and H–1B Visa Reform Act and the
Consolidated Appropriations Act, 2005, and not as part
of the Immigration and Nationality Act which comprises this chapter.

CODIFICATION

EFFECTIVE DATE

Section was enacted as part of the Uniting and
Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of
2001 or USA PATRIOT Act, and not as part of the Immigration and Nationality Act which comprises this
chapter.

Section effective 180 days after Dec. 8, 2004, see section 417 of Pub. L. 108–447, set out as an Effective Date
of 2004 Amendment note under section 1184 of this title.

AMENDMENTS
2002—Par. (1). Pub. L. 107–173, §§ 201(c)(5)(A),
202(a)(4)(B)(i), substituted ‘‘15 months’’ for ‘‘2 years’’
and inserted ‘‘, including appropriate biometric identifier standards,’’ after ‘‘technology standard’’.
Par. (2). Pub. L. 107–173, § 202(a)(4)(B)(ii), substituted
‘‘Interoperable’’ for ‘‘Integrated’’ in heading and
‘‘interoperable’’ for ‘‘integrated’’ in text.
Par. (4). Pub. L. 107–173, § 201(c)(5)(B), substituted
‘‘one year’’ for ‘‘18 months’’.
REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND
OVERSEAS CONSULAR POSTS
Pub. L. 107–56, title IV, § 405, Oct. 26, 2001, 115 Stat.
345, provided that:
‘‘(a) IN GENERAL.—The Attorney General, in consultation with the appropriate heads of other Federal agencies, including the Secretary of State, Secretary of the
Treasury, and the Secretary of Transportation, shall
report to Congress on the feasibility of enhancing the
Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation and
other identification systems in order to better identify
a person who holds a foreign passport or a visa and may
be wanted in connection with a criminal investigation
in the United States or abroad, before the issuance of
a visa to that person or the entry or exit from the
United States by that person.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated not less than $2,000,000 to
carry out this section.’’

§ 1380. Maintenance of statistics by the Department of Homeland Security
(a) In general
The Department of Homeland Security shall
maintain statistics regarding petitions filed, ap-

§ 1381. Secretary of Labor report
Not later than January 31 of each year, the
Secretary of Labor shall report to the Committees on the Judiciary of the Senate and the
House of Representatives on the investigations
undertaken based on—
(1) the authorities described in clauses (i)
and (ii) of section 1182(n)(2)(G) of this title;
and
(2) the expenditures by the Secretary of
Labor described in section 1356(v)(2)(D) of this
title.
(Pub. L. 108–447, div. J, title IV, § 424(c), Dec. 8,
2004, 118 Stat. 3356.)
CODIFICATION
Section was enacted as part of the H–1B Visa Reform
Act of 2004, and also as part of the L–1 Visa and H–1B
Visa Reform Act and the Consolidated Appropriations
Act, 2005, and not as part of the Immigration and Nationality Act which comprises this chapter.
EFFECTIVE DATE
Section effective 90 days after Dec. 8, 2004, see section
430 of Pub. L. 108–447, set out as an Effective Date of
2004 Amendment note under section 1182 of this title.

SUBCHAPTER III—NATIONALITY AND
NATURALIZATION
PART I—NATIONALITY AT BIRTH AND COLLECTIVE
NATURALIZATION
§ 1401. Nationals and citizens of United States at
birth
The following shall be nationals and citizens
of the United States at birth:

Page 421

TITLE 8—ALIENS AND NATIONALITY

(a) a person born in the United States, and
subject to the jurisdiction thereof;
(b) a person born in the United States to a
member of an Indian, Eskimo, Aleutian, or
other aboriginal tribe: Provided, That the
granting of citizenship under this subsection
shall not in any manner impair or otherwise
affect the right of such person to tribal or
other property;
(c) a person born outside of the United
States and its outlying possessions of parents
both of whom are citizens of the United States
and one of whom has had a residence in the
United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United
States and its outlying possessions of parents
one of whom is a citizen of the United States
who has been physically present in the United
States or one of its outlying possessions for a
continuous period of one year prior to the
birth of such person, and the other of whom is
a national, but not a citizen of the United
States;
(e) a person born in an outlying possession of
the United States of parents one of whom is a
citizen of the United States who has been
physically present in the United States or one
of its outlying possessions for a continuous period of one year at any time prior to the birth
of such person;
(f) a person of unknown parentage found in
the United States while under the age of five
years, until shown, prior to his attaining the
age of twenty-one years, not to have been born
in the United States;
(g) a person born outside the geographical
limits of the United States and its outlying
possessions of parents one of whom is an alien,
and the other a citizen of the United States
who, prior to the birth of such person, was
physically present in the United States or its
outlying possessions for a period or periods totaling not less than five years, at least two of
which were after attaining the age of fourteen
years: Provided, That any periods of honorable
service in the Armed Forces of the United
States, or periods of employment with the
United States Government or with an international organization as that term is defined
in section 288 of title 22 by such citizen parent,
or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member
of the household of a person (A) honorably
serving with the Armed Forces of the United
States, or (B) employed by the United States
Government or an international organization
as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or
after December 24, 1952, to the same extent as
if it had become effective in its present form
on that date; and
(h) a person born before noon (Eastern
Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an
alien father and a mother who is a citizen of
the United States who, prior to the birth of
such person, had resided in the United States.

§ 1401

(June 27, 1952, ch. 477, title III, ch. 1, § 301, 66
Stat. 235; Pub. L. 89–770, Nov. 6, 1966, 80 Stat.
1322; Pub. L. 92–584, §§ 1, 3, Oct. 27, 1972, 86 Stat.
1289; Pub. L. 95–432, §§ 1, 3, Oct. 10, 1978, 92 Stat.
1046; Pub. L. 99–653, § 12, Nov. 14, 1986, 100 Stat.
3657; Pub. L. 103–416, title I, § 101(a), Oct. 25, 1994,
108 Stat. 4306.)
AMENDMENTS
1994—Subsec. (h). Pub. L. 103–416 added subsec. (h).
1986—Subsec. (g). Pub. L. 99–653 substituted ‘‘five
years, at least two’’ for ‘‘ten years, at least five’’.
1978—Subsec. (a). Pub. L. 95–432, § 3, struck out ‘‘(a)’’
before ‘‘The following’’ and redesignated pars. (1) to (7)
as (a) to (g), respectively.
Subsec. (b). Pub. L. 95–432, § 1, struck out subsec. (b)
which provided that any person who was a national or
citizen of the United States under subsec. (a)(7) lose his
nationality or citizenship unless he be continuously
physically present in the United States for a period of
not less than two years between the ages of 14 and 28
or that the alien parent be naturalized while the child
was under 18 years of age and the child began permanent residence in the United States while under 18
years of age and that absence from the United States
of less than 60 days not break the continuity of presence.
Subsec. (c). Pub. L. 95–432, § 1, struck out subsec. (c)
which provided that former subsec. (b) apply to persons
born abroad subsequent to May 24, 1934, except that
this not be construed to alter the citizenship of any
person born abroad subsequent to May 24, 1934 who,
prior to the effective date of this chapter, had taken up
residence in the United States before attaining 16 years
of age, and thereafter, whether before or after the effective date of this chapter, complied with the residence
requirements of section 201(g) and (h) of the Nationality Act of 1940.
Subsec. (d). Pub. L. 95–432, § 1, struck out subsec. (d)
which provided that nothing in former subsec. (b) be
construed to alter the citizenship of any person who
came into the United States prior to Oct. 27, 1972, and
who, whether before or after Oct. 27, 1972, immediately
following such coming complied with the physical presence requirements for retention of citizenship specified
in former subsec. (b), prior to amendment of former
subsec. (b) by Pub. L. 92–584.
1972—Subsec. (b). Pub. L. 92–584, § 1, substituted provisions that nationals and citizens of the United States
under subsec. (a)(7), lose such status unless they are
present continuously in the United States for two years
between the ages of fourteen and twenty eight years, or
the alien parent is naturalized while the child is under
the age of eighteen years and the child begins to reside
permanently in the United States while under the age
of eighteen years, and that absence from the United
States of less than sixty days will not break the continuity of presence, for provisions that such status
would be lost unless the nationals and citizens come to
the United States prior to attaining twenty three years
and be present continuously in the United States for
five years, and that such presence should be between
the age of fourteen and twenty eight years.
Subsec. (d). Pub. L. 92–584, § 3, added subsec. (d).
1966—Subsec. (a)(7). Pub. L. 89–770 authorized periods
of employment with the United States Government or
with an international organization by the citizen parent, or any periods during which the citizen parent is
physically present abroad as the dependent unmarried
son or daughter and a member of the household of a
person (A) honorably serving with the Armed Forces of
the United States, or (B) employed by the United
States Government or an international organization, to
be included in order to satisfy the physical presence requirement, and permitted the proviso to be applicable
to persons born on or after December 24, 1952.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 23(d) of Pub. L. 99–653, as added by Pub. L.
100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:

§ 1401a

TITLE 8—ALIENS AND NATIONALITY

‘‘The amendment made by section 12 [amending this
section] shall apply to persons born on or after November 14, 1986.’’
EFFECTIVE DATE OF 1978 AMENDMENT
Section 1 of Pub. L. 95–432 provided that the amendment made by that section is effective Oct. 10, 1978.
EFFECTIVE DATE
Chapter effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.
WAIVER OF RETENTION REQUIREMENTS
Section 101(b) of Pub. L. 103–416 provided that: ‘‘Any
provision of law (including section 301(b) of the Immigration and Nationality Act [8 U.S.C. 1401(b)] (as in effect before October 10, 1978), and the provisos of section
201(g) of the Nationality Act of 1940 [former 8 U.S.C.
601(g)]) that provided for a person’s loss of citizenship
or nationality if the person failed to come to, or reside
or be physically present in, the United States shall not
apply in the case of a person claiming United States
citizenship based on such person’s descent from an individual described in section 301(h) of the Immigration
and Nationality Act (as added by subsection (a)).’’
RETROACTIVE APPLICATION OF 1994 AMENDMENT
Section 101(c) of Pub. L. 103–416 provided that:
‘‘(1) Except as provided in paragraph (2), the immigration and nationality laws of the United States shall be
applied (to persons born before, on, or after the date of
the enactment of this Act [Oct. 25, 1994]) as though the
amendment made by subsection (a) [amending this section], and subsection (b) [enacting provisions set out
above], had been in effect as of the date of their birth,
except that the retroactive application of the amendment and that subsection shall not affect the validity
of citizenship of anyone who has obtained citizenship
under section 1993 of the Revised Statutes [former 8
U.S.C. 6] (as in effect before the enactment of the Act
of May 24, 1934 (48 Stat. 797)).
‘‘(2) The retroactive application of the amendment
made by subsection (a), and subsection (b), shall not
confer citizenship on, or affect the validity of any denaturalization, deportation, or exclusion action
against, any person who is or was excludable from the
United States under section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or
predecessor provision) or who was excluded from, or
who would not have been eligible for admission to, the
United States under the Displaced Persons Act of 1948
[former 50 U.S.C. App. 1951 et seq.] or under section 14
of the Refugee Relief Act of 1953 [former 50 U.S.C. App.
1971l].’’
APPLICABILITY OF TRANSMISSION REQUIREMENTS
Section 101(d) of Pub. L. 103–416, as amended by Pub.
L. 104–208, div. C, title VI, § 671(b)(1), Sept. 30, 1996, 110
Stat. 3009–721, provided that: ‘‘This section [amending
this section and enacting provisions set out above], the
amendments made by this section, and any retroactive
application of such amendments shall not effect the application of any provision of law relating to residence
or physical presence in the United States for purposes
of transmitting United States citizenship to any person
whose claim is based on the amendment made by subsection (a) [amending this section] or through whom
such a claim is derived.’’
ADMISSION OF ALASKA AS STATE
Alaska Statehood provisions as not conferring, terminating, or restoring United States nationality, see section 21 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as a note preceding former section 21 of Title 48,
Territories and Insular Possessions.

Page 422

§ 1401a. Birth abroad before 1952 to service parent
Section 1401(g) of this title shall be considered
to have been and to be applicable to a child born
outside of the United States and its outlying
possessions after January 12, 1941, and before December 24, 1952, of parents one of whom is a citizen of the United States who has served in the
Armed Forces of the United States after December 31, 1946, and before December 24, 1952, and
whose case does not come within the provisions
of section 201(g) or (i) of the Nationality Act of
1940.
(Mar. 16, 1956, ch. 85, 70 Stat. 50; Pub. L. 97–116,
§ 18(u)(2), Dec. 29, 1981, 95 Stat. 1621.)
REFERENCES IN TEXT
Section 201(g) and (i) of the Nationality Act of 1940,
referred to in text, which were repealed by act June 27,
1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec.
24, 1952, provided as follows:
‘‘The following shall be nationals and citizens of the
United States at birth:
*

*

*

*

*

‘‘(g) A person born outside the United States and its
outlying possessions of parents one of whom is a citizen
of the United States who, prior to the birth of such person, has had ten years’ residence in the United States
or one of its outlying possessions, at least five of which
were after attaining the age of sixteen years, the other
being an alien: Provided, That, in order to retain such
citizenship, the child must reside in the United States
or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twentyone years: Provided further, That, if the child has not
taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that
it becomes impossible for him to complete the five
years’ residence in the United States or its outlying
possessions before reaching the age of twenty-one
years, his American citizenship shall thereupon cease.
‘‘The preceding provisos shall not apply to a child
born abroad whose American parent is at the time of
the child’s birth residing abroad solely or principally in
the employment of the Government of the United
States or a bona fide American, educational, scientific,
philanthropic, religious, commercial, or financial organization, having its principal office or place of business
in the United States, or an international agency of an
official character in which the United States participates, for which he receives a substantial compensation:
*

*

*

*

*

‘‘(i) A person born outside the United States and its
outlying possessions of parents one of whom is a citizen
of the United States who has served or shall serve honorably in the armed forces of the United States after
December 7, 1941, and before the date of the termination of hostilities in the present war as proclaimed
by the President or determined by a joint resolution by
the Congress and who, prior to the birth of such person,
has had ten years’ residence in the United States or one
of its outlying possessions, at least five of which were
after attaining the age of twelve years, the other being
an alien: Provided, That in order to retain such citizenship, the child must reside in the United States or its
outlying possessions for a period or periods totaling
five years between the ages of thirteen and twenty-one
years: Provided further, That, if the child has not taken
up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen
years, or if he resides abroad for such a time that it be-

Page 423

TITLE 8—ALIENS AND NATIONALITY

comes impossible for him to complete the five years’
residence in the United States or its outlying possessions before reaching the age of twenty-one years, his
American citizenship shall thereupon cease.’’
CODIFICATION
Section was not enacted as part of the Immigration
and Nationality Act which comprises this chapter.
AMENDMENTS
1981—Pub. L. 97–116 substituted ‘‘Section 1401(g)’’ for
‘‘Section 1401(a)(7)’’.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.

§ 1401b. Repealed. Pub. L. 92–584, § 2, Oct. 27,
1972, 86 Stat. 1289
Section, Pub. L. 85–316, § 16, Sept. 11, 1957, 71 Stat. 644,
provided that absence from the United States of less
than twelve months would not break the continuity of
presence in the administration of section 1401(b) of this
title. See section 1401(b) of this title.

§ 1402. Persons born in Puerto Rico on or after
April 11, 1899
All persons born in Puerto Rico on or after
April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or
other territory over which the United States exercises rights of sovereignty and not citizens of
the United States under any other Act, are declared to be citizens of the United States as of
January 13, 1941. All persons born in Puerto Rico
on or after January 13, 1941, and subject to the
jurisdiction of the United States, are citizens of
the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, § 302, 66
Stat. 236.)
§ 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904
(a) Any person born in the Canal Zone on or
after February 26, 1904, and whether before or
after the effective date of this chapter, whose father or mother or both at the time of the birth
of such person was or is a citizen of the United
States, is declared to be a citizen of the United
States.
(b) Any person born in the Republic of Panama
on or after February 26, 1904, and whether before
or after the effective date of this chapter, whose
father or mother or both at the time of the birth
of such person was or is a citizen of the United
States employed by the Government of the
United States or by the Panama Railroad Company, or its successor in title, is declared to be
a citizen of the United States.
(June 27, 1952, ch. 477, title III, ch. 1, § 303, 66
Stat. 236.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in text, see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
The effective date of this chapter, referred to in text,
is the 180th day immediately following June 27, 1952.
See section 407 of act June 27, 1952, set out as an Effective Date note under section 1101 of this title.

§ 1406

CHANGE OF NAME
Panama Railroad Company redesignated Panama
Canal Company by act Sept. 26, 1950, ch. 1049, § 2(a)(2),
64 Stat. 1038. References to Panama Canal Company in
laws of the United States are deemed to refer to Panama Canal Commission pursuant to section 3602(b)(5) of
Title 22, Foreign Relations and Intercourse.

§ 1404. Persons born in Alaska on or after March
30, 1867
A person born in Alaska on or after March 30,
1867, except a noncitizen Indian, is a citizen of
the United States at birth. A noncitizen Indian
born in Alaska on or after March 30, 1867, and
prior to June 2, 1924, is declared to be a citizen
of the United States as of June 2, 1924. An Indian
born in Alaska on or after June 2, 1924, is a citizen of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, § 304, 66
Stat. 237.)
ADMISSION OF ALASKA AS STATE
Alaska Statehood provisions as not repealing, amending, or modifying the provisions of this section, see section 24 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as a note preceding former section 21 of Title 48,
Territories and Insular Possessions.

§ 1405. Persons born in Hawaii
A person born in Hawaii on or after August 12,
1898, and before April 30, 1900, is declared to be
a citizen of the United States as of April 30, 1900.
A person born in Hawaii on or after April 30,
1900, is a citizen of the United States at birth. A
person who was a citizen of the Republic of Hawaii on August 12, 1898, is declared to be a citizen of the United States as of April 30, 1900.
(June 27, 1952, ch. 477, title III, ch. 1, § 305, 66
Stat. 237.)
ADMISSION OF HAWAII AS STATE
Hawaii Statehood provisions as not repealing, amending, or modifying the provisions of this section, see section 20 of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 13, set out
as a note at the beginning of chapter 3 of Title 48, Territories and Insular Possessions.

§ 1406. Persons living in and born in the Virgin
Islands
(a) The following persons and their children
born subsequent to January 17, 1917, and prior to
February 25,1927, are declared to be citizens of
the United States as of February 25, 1927:
(1) All former Danish citizens who, on January
17, 1917, resided in the Virgin Islands of the
United States, and were residing in those islands
or in the United States or Puerto Rico on February 25, 1927, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on
August 4, 1916, between the United States and
Denmark, or who, having made such a declaration have heretofore renounced or may hereafter
renounce it by a declaration before a court of
record;
(2) All natives of the Virgin Islands of the
United States who, on January 17, 1917, resided
in those islands, and were residing in those islands or in the United States or Puerto Rico on
February 25, 1927, and who were not on February
25, 1927, citizens or subjects of any foreign country;

§ 1407

TITLE 8—ALIENS AND NATIONALITY

(3) All natives of the Virgin Islands of the
United States who, on January 17, 1917, resided
in the United States, and were residing in those
islands on February 25, 1927, and who were not
on February 25, 1927, citizens or subjects of any
foreign country; and
(4) All natives of the Virgin Islands of the
United States who, on June 28, 1932, were residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the
Canal Zone, or any other insular possession or
territory of the United States, and who, on June
28, 1932, were not citizens or subjects of any foreign country, regardless of their place of residence on January 17, 1917.
(b) All persons born in the Virgin Islands of
the United States on or after January 17, 1917,
and prior to February 25, 1927, and subject to the
jurisdiction of the United States are declared to
be citizens of the United States as of February
25, 1927; and all persons born in those islands on
or after February 25, 1927, and subject to the jurisdiction of the United States, are declared to
be citizens of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, § 306, 66
Stat. 237.)
§ 1407. Persons living in and born in Guam
(a) The following persons, and their children
born after April 11, 1899, are declared to be citizens of the United States as of August 1, 1950, if
they were residing on August 1, 1950, on the island of Guam or other territory over which the
United States exercises rights of sovereignty:
(1) All inhabitants of the island of Guam on
April 11, 1899, including those temporarily absent from the island on that date, who were
Spanish subjects, who after that date continued
to reside in Guam or other territory over which
the United States exercises sovereignty, and
who have taken no affirmative steps to preserve
or acquire foreign nationality; and
(2) All persons born in the island of Guam who
resided in Guam on April 11, 1899, including
those temporarily absent from the island on
that date, who after that date continued to reside in Guam or other territory over which the
United States exercises sovereignty, and who
have taken no affirmative steps to preserve or
acquire foreign nationality.
(b) All persons born in the island of Guam on
or after April 11, 1899 (whether before or after
August 1, 1950) subject to the jurisdiction of the
United States, are declared to be citizens of the
United States: Provided, That in the case of any
person born before August 1, 1950, he has taken
no affirmative steps to preserve or acquire foreign nationality.
(c) Any person hereinbefore described who is a
citizen or national of a country other than the
United States and desires to retain his present
political status shall have made, prior to August
1, 1952, a declaration under oath of such desire,
said declaration to be in form and executed in
the manner prescribed by regulations. From and
after the making of such a declaration any such
person shall be held not to be a national of the
United States by virtue of this chapter.
(June 27, 1952, ch. 477, title III, ch. 1, § 307, 66
Stat. 237.)

Page 424

REFERENCES IN TEXT
This chapter, referred to in subsec. (c), 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.

§ 1408. Nationals but not citizens of the United
States at birth
Unless otherwise provided in section 1401 of
this title, the following shall be nationals, but
not citizens, of the United States at birth:
(1) A person born in an outlying possession of
the United States on or after the date of formal
acquisition of such possession;
(2) A person born outside the United States
and its outlying possessions of parents both of
whom are nationals, but not citizens, of the
United States, and have had a residence in the
United States, or one of its outlying possessions
prior to the birth of such person;
(3) A person of unknown parentage found in an
outlying possession of the United States while
under the age of five years, until shown, prior to
his attaining the age of twenty-one years, not to
have been born in such outlying possession; and
(4) A person born outside the United States
and its outlying possessions of parents one of
whom is an alien, and the other a national, but
not a citizen, of the United States who, prior to
the birth of such person, was physically present
in the United States or its outlying possessions
for a period or periods totaling not less than
seven years in any continuous period of ten
years—
(A) during which the national parent was
not outside the United States or its outlying
possessions for a continuous period of more
than one year, and
(B) at least five years of which were after attaining the age of fourteen years.
The proviso of section 1401(g) of this title shall
apply to the national parent under this paragraph in the same manner as it applies to the
citizen parent under that section.
(June 27, 1952, ch. 477, title III, ch. 1, § 308, 66
Stat. 238; Pub. L. 99–396, § 15(a), Aug. 27, 1986, 100
Stat. 842; Pub. L. 100–525, § 3(2), Oct. 24, 1988, 102
Stat. 2614.)
AMENDMENTS
1988—Par. (4). Pub. L. 100–525 amended Pub. L. 99–396.
See 1986 Amendment note below.
1986—Par. (4). Pub. L. 99–396, as amended by Pub. L.
100–525, added par. (4).
EFFECTIVE DATE OF 1988 AMENDMENT
Section 3 of Pub. L. 100–525 provided that the amendment made by that section is effective as if included in
the enactment of Pub. L. 99–396.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 15(b) of Pub. L. 99–396 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to persons born before, on, or after the
date of the enactment of this Act [Aug. 27, 1986]. In the
case of a person born before the date of the enactment
of this Act—
‘‘(1) the status of a national of the United States
shall not be considered to be conferred upon the per-

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TITLE 8—ALIENS AND NATIONALITY

son until the date the person establishes to the satisfaction of the Secretary of State that the person
meets the requirements of section 308(4) of the Immigration and Nationality Act [par. (4) of this section],
and
‘‘(2) the person shall not be eligible to vote in any
general election in American Samoa earlier than
January 1, 1987.’’

§ 1409. Children born out of wedlock
(a) The provisions of paragraphs (c), (d), (e),
and (g) of section 1401 of this title, and of paragraph (2) of section 1408 of this title, shall apply
as of the date of birth to a person born out of
wedlock if—
(1) a blood relationship between the person
and the father is established by clear and convincing evidence,
(2) the father had the nationality of the
United States at the time of the person’s
birth,
(3) the father (unless deceased) has agreed in
writing to provide financial support for the
person until the person reaches the age of 18
years, and
(4) while the person is under the age of 18
years—
(A) the person is legitimated under the law
of the person’s residence or domicile,
(B) the father acknowledges paternity of
the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405
of this Act, the provisions of section 1401(g) of
this title shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time
while such child is under the age of twenty-one
years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after
December 23, 1952, outside the United States and
out of wedlock shall be held to have acquired at
birth the nationality status of his mother, if the
mother had the nationality of the United States
at the time of such person’s birth, and if the
mother had previously been physically present
in the United States or one of its outlying possessions for a continuous period of one year.
(June 27, 1952, ch. 477, title III, ch. 1, § 309, 66
Stat. 238; Pub. L. 97–116, § 18(l), Dec. 29, 1981, 95
Stat. 1620; Pub. L. 99–653, § 13, Nov. 14, 1986, 100
Stat. 3657; Pub. L. 100–525, §§ 8(k), 9(r), Oct. 24,
1988, 102 Stat. 2617, 2621.)
REFERENCES IN TEXT
Section 405 of this Act, referred to in subsec. (b), is
section 405 of act June 27, 1952, ch. 477, title IV, 66 Stat.
280, which is set out as a Savings Clause note under section 1101 of this title.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–525, § 8(k), amended Pub.
L. 99–653. See 1986 Amendment note below.
Subsec. (b). Pub. L. 100–525, § 9(r)(1), substituted ‘‘before December 24, 1952’’ for ‘‘prior to the effective date
of this chapter’’ and ‘‘at any time’’ for ‘‘before or after
the effective date of this chapter and’’.
Subsec. (c). Pub. L. 100–525, § 9(r)(2), substituted
‘‘after December 23, 1952’’ for ‘‘on or after the effective
date of this chapter’’.

§ 1421

1986—Subsec. (a). Pub. L. 99–653, as amended by Pub.
L. 100–525, § 8(k), amended subsec. (a) generally. Prior to
amendment, subsec. (a) read as follows: ‘‘The provisions
of paragraphs (c), (d), (e), and (g) of section 1401 of this
title, and of paragraph (2) of section 1408, of this title
shall apply as of the date of birth to a child born out
of wedlock on or after the effective date of this chapter,
if the paternity of such child is established while such
child is under the age of twenty-one years by
legitimation.’’
1981—Subsec. (a). Pub. L. 97–116, § 18(l)(1), substituted
‘‘(c), (d), (e), and (g) of section 1401’’ for ‘‘(3) to (5) and
(7) of section 1401(a)’’.
Subsec. (b). Pub. L. 97–116, § 18(l)(2), substituted ‘‘section 1401(g)’’ for ‘‘section 1401(a)(7)’’.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 8(k) of Pub. L. 100–525 effective as if included in the enactment of the Immigration
and Nationality Act Amendments of 1986, Pub. L.
99–653, see section 309(b)(15) of Pub. L. 102–232, set out
as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 23(e) of Pub. L. 99–653, as added by Pub. L.
100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
‘‘(1) Except as provided in paragraph (2)(B), the new
section 309(a) [8 U.S.C. 1409(a)] (as defined in paragraph
(4)(A)) shall apply to persons who have not attained 18
years of age as of the date of the enactment of this Act
[Nov. 14, 1986].
‘‘(2) The old section 309(a) shall apply—
‘‘(A) to any individual who has attained 18 years of
age as of the date of the enactment of this Act, and
‘‘(B) any individual with respect to whom paternity
was established by legitimation before such date.
‘‘(3) An individual who is at least 15 years of age, but
under 18 years of age, as of the date of the enactment
of this Act, may elect to have the old section 309(a)
apply to the individual instead of the new section
309(a).
‘‘(4) In this subsection:
‘‘(A) The term ‘new section 309(a)’ means section
309(a) of the Immigration and Nationality Act [8
U.S.C. 1409(a)], as amended by section 13 of this Act
[section 13 of Pub. L. 99–653] and as in effect after the
date of the enactment of this Act.
‘‘(B) The term ‘old section 309(a)’ means section
309(a) of the Immigration and Nationality Act, as in
effect before the date of the enactment of this Act.’’
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.

PART II—NATIONALITY THROUGH
NATURALIZATION
§ 1421. Naturalization authority
(a) Authority in Attorney General
The sole authority to naturalize persons as
citizens of the United States is conferred upon
the Attorney General.
(b) Court authority to administer oaths
(1) Jurisdiction
Subject to section 1448(c) of this title—
(A) General jurisdiction
Except as provided in subparagraph (B),
each applicant for naturalization may
choose to have the oath of allegiance under
section 1448(a) of this title administered by
the Attorney General or by an eligible court

§ 1421

TITLE 8—ALIENS AND NATIONALITY

described in paragraph (5). Each such eligible court shall have authority to administer
such oath of allegiance to persons residing
within the jurisdiction of the court.
(B) Exclusive authority
An eligible court described in paragraph
(5) that wishes to have exclusive authority
to administer the oath of allegiance under
section 1448(a) of this title to persons residing within the jurisdiction of the court during the period described in paragraph
(3)(A)(i) shall notify the Attorney General of
such wish and, subject to this subsection,
shall have such exclusive authority with respect to such persons during such period.
(2) Information
(A) General information
In the case of a court exercising authority
under paragraph (1), in accordance with procedures established by the Attorney General—
(i) the applicant for naturalization shall
notify the Attorney General of the intent
to be naturalized before the court, and
(ii) the Attorney General—
(I) shall forward to the court (not later
than 10 days after the date of approval of
an application for naturalization in the
case of a court which has provided notice
under paragraph (1)(B)) such information
as may be necessary to administer the
oath of allegiance under section 1448(a)
of this title, and
(II) shall promptly forward to the
court a certificate of naturalization (prepared by the Attorney General).
(B) Assignment of individuals in the case of
exclusive authority
If an eligible court has provided notice
under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time
of the approval of the person’s application
for naturalization, of—
(i) the court’s exclusive authority to administer the oath of allegiance under section 1448(a) of this title to such a person
during the period specified in paragraph
(3)(A)(i), and
(ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies.
If more than one eligible court in an area
has provided notice under paragraph (1)(B),
the Attorney General shall permit the person, at the time of the approval, to choose
the court to which the information will be
forwarded for administration of the oath of
allegiance under this section.
(3) Scope of exclusive authority
(A) Limited period and advance notice required
The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a
person—
(i) only during the 45-day period beginning on the date on which the Attorney

Page 426

General certifies to the court that an applicant is eligible for naturalization, and
(ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days
(during such 45-day period) on which the
court has scheduled oath administration
ceremonies.
(B) Authority of Attorney General
Subject to subparagraph (C), the Attorney
General shall not administer the oath of allegiance to a person under subsection (a) of
this section during the period in which exclusive authority to administer the oath of
allegiance may be exercised by an eligible
court under this subsection with respect to
that person.
(C) Waiver of exclusive authority
Notwithstanding the previous provisions of
this paragraph, a court may waive exclusive
authority to administer the oath of allegiance under section 1448(a) of this title to a
person under this subsection if the Attorney
General has not provided the court with the
certification described in subparagraph
(A)(i) within a reasonable time before the
date scheduled by the court for oath administration ceremonies. Upon notification of a
court’s waiver of jurisdiction, the Attorney
General shall promptly notify the applicant.
(4) Issuance of certificates
The Attorney General shall provide for the
issuance of certificates of naturalization at
the time of administration of the oath of allegiance.
(5) Eligible courts
For purposes of this section, the term ‘‘eligible court’’ means—
(A) a district court of the United States in
any State, or
(B) any court of record in any State having
a seal, a clerk, and jurisdiction in actions in
law or equity, or law and equity, in which
the amount in controversy is unlimited.
(c) Judicial review
A person whose application for naturalization
under this subchapter is denied, after a hearing
before an immigration officer under section
1447(a) of this title, may seek review of such denial before the United States district court for
the district in which such person resides in accordance with chapter 7 of title 5. Such review
shall be de novo, and the court shall make its
own findings of fact and conclusions of law and
shall, at the request of the petitioner, conduct a
hearing de novo on the application.
(d) Sole procedure
A person may only be naturalized as a citizen
of the United States in the manner and under
the conditions prescribed in this subchapter and
not otherwise.
(June 27, 1952, ch. 477, title III, ch. 2, § 310, 66
Stat. 239; Pub. L. 85–508, § 25, July 7, 1958, 72 Stat.
351; Pub. L. 86–3, § 20(c), Mar. 18, 1959, 73 Stat. 13;
Pub. L. 87–301, § 17, Sept. 26, 1961, 75 Stat. 656;
Pub. L. 100–525, § 9(s), Oct. 24, 1988, 102 Stat. 2621;
Pub. L. 101–649, title IV, § 401(a), Nov. 29, 1990, 104

Page 427

TITLE 8—ALIENS AND NATIONALITY

Stat. 5038; Pub. L. 102–232, title I, § 102(a), title
III, § 305(a), Dec. 12, 1991, 105 Stat. 1734, 1749; Pub.
L. 103–416, title II, § 219(u), Oct. 25, 1994, 108 Stat.
4318.)
AMENDMENTS
1994—Subsec. (b)(5)(A). Pub. L. 103–416 substituted
‘‘district court’’ for ‘‘District Court’’.
1991—Subsec. (b). Pub. L. 102–232, § 102(a), amended
subsec. (b) generally. Prior to amendment, subsec. (b)
read as follows: ‘‘An applicant for naturalization may
choose to have the oath of allegiance under section
1448(a) of this title administered by the Attorney General or by any district court of the United States for
any State or by any court of record in any State having
a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited. The jurisdiction of all courts in
this subsection specified to administer the oath of allegiance shall extend only to persons resident within the
respective jurisdiction of such courts.’’
Pub. L. 102–232, § 305(a), substituted ‘‘district court’’
for ‘‘District Court’’.
1990—Pub. L. 101–649 amended section generally, substituting provisions authorizing Attorney General to
naturalize persons as citizens, for provisions granting
certain courts exclusive jurisdiction to naturalize.
1988—Subsec. (e). Pub. L. 100–525 struck out subsec.
(e) which read as follows: ‘‘Notwithstanding the provisions of section 405(a), any petition for naturalization
filed on or after September 26, 1961, shall be heard and
determined in accordance with the requirements of this
subchapter.’’
1961—Subsec. (e). Pub. L. 87–301 added subsec. (e).
1959—Subsec. (a). Pub. L. 86–3 struck out provisions
which conferred jurisdiction on District Court for Territory of Hawaii. See section 91 of Title 28, Judiciary
and Judicial Procedure, and notes thereunder.
1958—Subsec. (a). Pub. L. 85–508 struck out provisions
which conferred jurisdiction on District Court for Territory of Alaska. See section 81A of Title 28, which established a United States District Court for the State
of Alaska.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 102(c) of title I of Pub. L. 102–232 provided
that: ‘‘The amendments made by this title [amending
this section and sections 1448, 1450, and 1455 of this
title] shall take effect 30 days after the date of the enactment of this Act [Dec. 12, 1991].’’
Amendment by section 305(a) 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; SAVINGS
PROVISION
Section 408 of title IV of Pub. L. 101–649, as amended
by Pub. L. 102–232, title III, § 305(n), Dec. 12, 1991, 105
Stat. 1750, provided that:
‘‘(a) EFFECTIVE DATE.—
‘‘(1) NO NEW COURT PETITIONS AFTER EFFECTIVE
DATE.—No court shall have jurisdiction, under section
310(a) of the Immigration and Nationality Act [8
U.S.C. 1421(a)], to naturalize a person unless a petition for naturalization with respect to that person
has been filed with the court before October 1, 1991.
‘‘(2) TREATMENT OF CURRENT COURT PETITIONS.—
‘‘(A) CONTINUATION OF CURRENT RULES.—Except as
provided in subparagraph (B), any petition for naturalization which may be pending in a court on October 1, 1991, shall be heard and determined in accord-

§ 1421

ance with the requirements of law in effect when
the petition was filed.
‘‘(B) PERMITTING WITHDRAWAL AND CONSIDERATION
OF APPLICATION UNDER NEW RULES.—In the case of
any petition for naturalization which may be pending in any court on January 1, 1992, the petitioner
may withdraw such petition and have the petitioner’s application for naturalization considered under
the amendments made by this title [amending this
section, sections 1101, 1423, 1424, 1426 to 1430, 1433,
1435 to 1440, 1441 to 1451, and 1455 of this title, and
section 1429 of Title 18, Crimes and Criminal Procedure, and repealing section 1459 of this title], but
only if the petition is withdrawn not later than 3
months after the effective date.
‘‘(3) GENERAL EFFECTIVE DATE.—Except as otherwise
provided in this section, the amendments made by
this title are effective as of the date of the enactment
of this Act [Nov. 29, 1990].
‘‘(b) INTERIM, FINAL REGULATIONS.—The Attorney
General shall prescribe regulations (on an interim,
final basis or otherwise) to implement the amendments
made by this title on a timely basis.
‘‘(c) CONTINUING DUTIES.—The amendments to section
339 of the Immigration and Nationality Act [8 U.S.C.
1450] (relating to functions and duties of clerks) shall
not apply to functions and duties respecting petitions
filed before October 1, 1991.
‘‘(d) GENERAL SAVINGS PROVISIONS.—(1) Nothing contained in this title [amending this section, sections
1101, 1423, 1424, 1426 to 1430, 1433, 1435 to 1440, 1441 to
1451, and 1455 of this title, and section 1429 of Title 18,
Crimes and Criminal Procedure, repealing section 1459
of this title, and enacting provisions set out as a note
under section 1440 of this title], unless otherwise specifically provided, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization, certification of
citizenship, or other document or proceeding which is
valid as of the effective date; or to affect any prosecution, suit, action, or proceedings, civil or criminal,
brought, or any status, condition, right in process of
acquisition, act, thing, liability, obligation, or matter,
civil or criminal, done or existing, as of the effective
date.
‘‘(2) As to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters, the provisions of law
repealed by this title are, unless otherwise specifically
provided, hereby continued in force and effect.
‘‘(e) TREATMENT OF SERVICE IN ARMED FORCES OF FOREIGN COUNTRY.—The amendments made by section 404
[amending section 1426 of this title] (relating to treatment of service in armed forces of a foreign country)
shall take effect on the date of the enactment of this
Act [Nov. 29, 1990] and shall apply to exemptions from
training or service obtained before, on, or after such
date.
‘‘(f) FILIPINO WAR VETERANS.—Section 405 [enacting
provisions formerly set out as a note under section 1440
of this title] (relating to naturalization of natives of
the Philippines through active-duty service under
United States command during World War II) shall become effective on May 1, 1991, without regard to whether regulations to implement such section have been issued by such date.’’
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.
ADMISSION OF ALASKA AND HAWAII TO STATEHOOD
Alaska was admitted into the Union on Jan. 3, 1959,
on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73
Stat. c16, and Hawaii was admitted into the Union on
Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959,

§ 1422

TITLE 8—ALIENS AND NATIONALITY

24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law,
see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as
a note preceding former section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood
Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out
as a note preceding former section 491 of Title 48.

§ 1422. Eligibility for naturalization
The right of a person to become a naturalized
citizen of the United States shall not be denied
or abridged because of race or sex or because
such person is married.
(June 27, 1952, ch. 477, title III, ch. 2, § 311, 66
Stat. 239; Pub. L. 100–525, § 9(t), Oct. 24, 1988, 102
Stat. 2621.)
AMENDMENTS
1988—Pub. L. 100–525 struck out at end ‘‘Notwithstanding section 405(b) of this Act, this section shall
apply to any person whose petition for naturalization
shall hereafter be filed, or shall have been pending on
the effective date of this chapter.’’

§ 1423. Requirements as to understanding the
English language, history, principles and
form of government of the United States
(a) No person except as otherwise provided in
this subchapter shall hereafter be naturalized as
a citizen of the United States upon his own application who cannot demonstrate—
(1) an understanding of the English language, including an ability to read, write, and
speak words in ordinary usage in the English
language: Provided, That the requirements of
this paragraph relating to ability to read and
write shall be met if the applicant can read or
write simple words and phrases to the end that
a reasonable test of his literacy shall be made
and that no extraordinary or unreasonable
condition shall be imposed upon the applicant;
and
(2) a knowledge and understanding of the
fundamentals of the history, and of the principles and form of government, of the United
States.
(b)(1) The requirements of subsection (a) of
this section shall not apply to any person who is
unable because of physical or developmental disability or mental impairment to comply therewith.
(2) The requirement of subsection (a)(1) of this
section shall not apply to any person who, on
the date of the filing of the person’s application
for naturalization as provided in section 1445 of
this title, either—
(A) is over fifty years of age and has been
living in the United States for periods totaling
at least twenty years subsequent to a lawful
admission for permanent residence, or
(B) is over fifty-five years of age and has
been living in the United States for periods totaling at least fifteen years subsequent to a
lawful admission for permanent residence.
(3) The Attorney General, pursuant to regulations, shall provide for special consideration, as
determined by the Attorney General, concerning
the requirement of subsection (a)(2) of this section with respect to any person who, on the date
of the filing of the person’s application for naturalization as provided in section 1445 of this

Page 428

title, is over sixty-five years of age and has been
living in the United States for periods totaling
at least twenty years subsequent to a lawful admission for permanent residence.
(June 27, 1952, ch. 477, title III, ch. 2, § 312, 66
Stat. 239; Pub. L. 95–579, § 3, Nov. 2, 1978, 92 Stat.
2474; Pub. L. 101–649, title IV, § 403, Nov. 29, 1990,
104 Stat. 5039; Pub. L. 102–232, title III,
§ 305(m)(2), Dec. 12, 1991, 105 Stat. 1750; Pub. L.
103–416, title I, § 108(a), Oct. 25, 1994, 108 Stat.
4309.)
AMENDMENTS
1994—Pub. L. 103–416 designated existing provisions as
subsec. (a), struck out ‘‘this requirement shall not
apply to any person physically unable to comply therewith, if otherwise qualified to be naturalized, or to any
person who, on the date of the filing of his application
for naturalization as provided in section 1445 of this
title, either (A) is over 50 years of age and has been living in the United States for periods totaling at least 20
years subsequent to a lawful admission for permanent
residence, or (B) is over 55 years of age and has been
living in the United States for periods totaling at least
15 years subsequent to a lawful admission for permanent residence: Provided further, That’’, after ‘‘Provided,
That’’, substituted ‘‘this paragraph’’ for ‘‘this section’’
after ‘‘requirements of’’, and added subsec. (b).
1991—Pub. L. 102–232 substituted ‘‘application’’ for
‘‘petition’’ in introductory provisions and par. (1).
1990—Par. (1). Pub. L. 101–649 substituted ‘‘either (A)
is over 50 years of age and has been living in the United
States for periods totaling at least 20 years subsequent
to a lawful admission for permanent residence, or (B) is
over 55 years of age and has been living in the United
States for periods totaling at least 15 years subsequent
to a lawful admission for permanent residence’’ for ‘‘is
over fifty years of age and has been living in the United
States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence’’.
1978—Par. (1). Pub. L. 95–579 substituted ‘‘person who,
on the date of the filing of his petition for naturalization as provided in section 1445 of this title, is over
fifty years of age and has been living in the United
States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence’’
for ‘‘person who, on the effective date of this chapter,
is over fifty years of age and has been living in the
United States for periods totaling at least twenty
years’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 108(c) of Pub. L. 103–416 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall take effect on the date of the enactment
of this Act [Oct. 25, 1994] and shall apply to applications
for naturalization filed on or after such date and to
such applications pending on such date.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Section 305(m) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 407(d) of the Immigration Act of 1990,
Pub. L. 101–649.
REGULATIONS
Section 108(d) of Pub. L. 103–416 provided that: ‘‘Not
later than 120 days after the date of enactment of this
Act [Oct. 25, 1994], the Attorney General shall promulgate regulations to carry out section 312(b)(3) of the
Immigration and Nationality Act [8 U.S.C. 1423(b)(3)]
(as amended by subsection (a)).’’
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related

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TITLE 8—ALIENS AND NATIONALITY

references, see note set out under section 1551 of this
title.
HMONG VETERANS’ NATURALIZATION
Pub. L. 106–207, May 26, 2000, 114 Stat. 316, as amended
by Pub. L. 106–415, Nov. 1, 2000, 114 Stat. 1810; Pub. L.
107–77, title I, § 112, Nov. 28, 2001, 115 Stat. 765, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Hmong Veterans’ Naturalization Act of 2000’.
‘‘SEC. 2. EXEMPTION FROM ENGLISH LANGUAGE
REQUIREMENT FOR CERTAIN ALIENS WHO
SERVED WITH SPECIAL GUERRILLA UNITS OR
IRREGULAR FORCES IN LAOS.
‘‘The requirement of paragraph (1) of section 312(a) of
the Immigration and Nationality Act (8 U.S.C.
1423(a)(1)) shall not apply to the naturalization of any
person—
‘‘(1) who—
‘‘(A) was admitted into the United States as a refugee from Laos pursuant to section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); and
‘‘(B) served with a special guerrilla unit, or irregular forces, operating from a base in Laos in support of the United States military at any time during the period beginning February 28, 1961, and ending September 18, 1978;
‘‘(2) who—
‘‘(A) satisfies the requirement of paragraph (1)(A);
and
‘‘(B) was the spouse of a person described in paragraph (1) on the day on which such described person
applied for admission into the United States as a
refugee; or
‘‘(3) who—
‘‘(A) satisfies the requirement of paragraph (1)(A);
and
‘‘(B) is the surviving spouse of a person described
in paragraph (1)(B) which described person was
killed or died in Laos, Thailand, or Vietnam.
‘‘SEC. 3. SPECIAL CONSIDERATION CONCERNING
CIVICS REQUIREMENT FOR CERTAIN ALIENS
WHO SERVED WITH SPECIAL GUERRILLA
UNITS OR IRREGULAR FORCES IN LAOS.
‘‘The Attorney General shall provide for special consideration, as determined by the Attorney General,
concerning the requirement of paragraph (2) of section
312(a) of the Immigration and Nationality Act (8 U.S.C.
1423(a)(2)) with respect to the naturalization of any person described in paragraph (1), (2), or (3) of section 2 of
this Act.
‘‘SEC. 4. DOCUMENTATION OF QUALIFYING SERVICE.
‘‘A person seeking an exemption under section 2 or
special consideration under section 3 shall submit to
the Attorney General documentation of their, or their
spouse’s, service with a special guerrilla unit, or irregular forces, described in section 2(1)(B), in the form of—
‘‘(1) original documents;
‘‘(2) an affidavit of the serving person’s superior officer;
‘‘(3) two affidavits from other individuals who also
were serving with such a special guerrilla unit, or irregular forces, and who personally knew of the person’s service; or
‘‘(4) other appropriate proof.
‘‘SEC. 5. DETERMINATION OF ELIGIBILITY FOR EXEMPTION AND SPECIAL CONSIDERATION.
‘‘(a) In determining a person’s eligibility for an exemption under section 2 or special consideration under
section 3, the Attorney General—
‘‘(1) shall review the refugee processing documentation for the person, or, in an appropriate case, for the
person and the person’s spouse, to verify that the requirements of section 2 relating to refugee applications and admissions have been satisfied;

§ 1424

‘‘(2) shall consider the documentation submitted by
the person under section 4;
‘‘(3) may request an advisory opinion from the Secretary of Defense regarding the person’s, or their
spouse’s, service in a special guerrilla unit, or irregular forces, described in section 2(1)(B); and
‘‘(4) may consider any documentation provided by
organizations maintaining records with respect to
Hmong veterans or their families.
‘‘(b) The Secretary of Defense shall provide any opinion requested under paragraph (3) to the extent practicable, and the Attorney General shall take into account any opinion that the Secretary of Defense is able
to provide.
‘‘SEC. 6. DEADLINE FOR APPLICATION AND PAYMENT OF FEES.
‘‘This Act shall apply to a person only if the person’s
application for naturalization is filed, as provided in
section 334 of the Immigration and Nationality Act (8
U.S.C. 1445), with appropriate fees not later than 36
months after the date of the enactment of this Act
[May 26, 2000]. In the case of a person described in section 2(3), the application referred to in the preceding
sentence, and appropriate fees, shall be filed not later
than 36 months after the date of the enactment of this
sentence [Nov. 1, 2000].
‘‘SEC. 7. LIMITATION ON NUMBER OF BENEFICIARIES.
‘‘Notwithstanding any other provision of this Act,
the total number of aliens who may be granted an exemption under section 2 or special consideration under
section 3, or both, may not exceed 45,000.’’

§ 1424. Prohibition upon the naturalization of
persons opposed to government or law, or
who favor totalitarian forms of government
(a) Notwithstanding the provisions of section
405(b) of this Act, no person shall hereafter be
naturalized as a citizen of the United States—
(1) who advocates or teaches, or who is a
member of or affiliated with any organization
that advocates or teaches, opposition to all organized government; or
(2) who is a member of or affiliated with (A)
the Communist Party of the United States; (B)
any other totalitarian party of the United
States; (C) the Communist Political Association; (D) the Communist or other totalitarian
party of any State of the United States, of any
foreign state, or of any political or geographical subdivision of any foreign state; (E) any
section, subsidiary, branch, affiliate, or subdivision of any such association or party; or
(F) the direct predecessors or successors of
any such association or party, regardless of
what name such group or organization may
have used, may now bear, or may hereafter
adopt, unless such alien establishes that he did
not have knowledge or reason to believe at the
time he became a member of or affiliated with
such an organization (and did not thereafter
and prior to the date upon which such organization was so registered or so required to be
registered have such knowledge or reason to
believe) that such organization was a Communist-front organization; or
(3) who, although not within any of the
other provisions of this section, advocates the
economic, international, and governmental
doctrines of world communism or the establishment in the United States of a totalitarian
dictatorship, or who is a member of or affiliated with any organization that advocates the

§ 1424

TITLE 8—ALIENS AND NATIONALITY

economic, international, and governmental
doctrines of world communism or the establishment in the United States of a totalitarian
dictatorship, either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under authority of
such organization or paid for by the funds of
such organization; or
(4) who advocates or teaches or who is a
member of or affiliated with any organization
that advocates or teaches (A) the overthrow
by force or violence or other unconstitutional
means of the Government of the United States
or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or
killing of any officer or officers (either of specific individuals or of officers generally) of the
Government of the United States or of any
other organized government because of his or
their official character; or (C) the unlawful
damage, injury, or destruction of property; or
(D) sabotage; or
(5) who writes or publishes or causes to be
written or published, or who knowingly circulates, distributes, prints, or displays, or
knowingly causes to be circulated, distributed,
printed, published, or displayed, or who knowingly has in his possession for the purpose of
circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized
government, or advocating (A) the overthrow
by force, violence or other unconstitutional
means of the Government of the United States
or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or
killing of any officer or officers (either of specific individuals or of officers generally) of the
Government of the United States or of any
other organized government, because of his or
their official character; or (C) the unlawful
damage, injury, or destruction of property; or
(D) sabotage; or (E) the economic, international, and governmental doctrines of world
communism or the establishment in the
United States of a totalitarian dictatorship; or
(6) who is a member of or affiliated with any
organization that writes, circulates, distributes, prints, publishes, or displays, or causes
to be written, circulated, distributed, printed,
published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subparagraph (5) of this subsection.
(b) The provisions of this section or of any
other section of this chapter shall not be construed as declaring that any of the organizations
referred to in this section or in any other section of this chapter do not advocate the overthrow of the Government of the United States
by force, violence, or other unconstitutional
means.
(c) The provisions of this section shall be applicable to any applicant for naturalization who
at any time within a period of ten years immediately preceding the filing of the application
for naturalization or after such filing and before
taking the final oath of citizenship is, or has
been found to be within any of the classes enu-

Page 430

merated within this section, notwithstanding
that at the time the application is filed he may
not be included within such classes.
(d) Any person who is within any of the classes
described in subsection (a) of this section solely
because of past membership in, or past affiliation with, a party or organization may be naturalized without regard to the provisions of subsection (c) of this section if such person establishes that such membership or affiliation is or
was involuntary, or occurred and terminated
prior to the attainment by such alien of the age
of sixteen years, or that such membership or affiliation is or was by operation of law, or was for
purposes of obtaining employment, food rations,
or other essentials of living and where necessary
for such purposes.
(e) A person may be naturalized under this
subchapter without regard to the prohibitions in
subsections (a)(2) and (c) of this section if the
person—
(1) is otherwise eligible for naturalization;
(2) is within the class described in subsection
(a)(2) of this section solely because of past
membership in, or past affiliation with, a
party or organization described in that subsection;
(3) does not fall within any other of the
classes described in that subsection; and
(4) is determined by the Director of Central
Intelligence, in consultation with the Secretary of Defense when Department of Defense
activities are relevant to the determination,
and with the concurrence of the Attorney General and the Secretary of Homeland Security,
to have made a contribution to the national
security or to the national intelligence mission of the United States.
(June 27, 1952, ch. 477, title III, ch. 2, § 313, 66
Stat. 240; Pub. L. 100–525, § 9(u), Oct. 24, 1988, 102
Stat. 2621; Pub. L. 101–649, title IV, § 407(c)(1),
Nov. 29, 1990, 104 Stat. 5041; Pub. L. 102–232, title
III, § 309(b)(13), Dec. 12, 1991, 105 Stat. 1759; Pub.
L. 103–416, title II, § 219(v), Oct. 25, 1994, 108 Stat.
4318; Pub. L. 106–120, title III, § 306, Dec. 3, 1999,
113 Stat. 1612; Pub. L. 108–177, title III, § 373, Dec.
13, 2003, 117 Stat. 2628.)
REFERENCES IN TEXT
Section 405(b) of this Act, referred to in subsec. (a), is
section 405(b) of act June 27, 1952, ch. 477, title IV, 66
Stat. 280, which is set out as a Savings Clause note
under section 1101 of this title.
This chapter, referred to in subsec. (b), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
2003—Subsec. (e)(4). Pub. L. 108–177 inserted ‘‘when
Department of Defense activities are relevant to the
determination’’ after ‘‘Secretary of Defense’’ and ‘‘and
the Secretary of Homeland Security’’ after ‘‘Attorney
General’’.
1999—Subsec. (e). Pub. L. 106–120 added subsec. (e).
1994—Subsec. (a)(2). Pub. L. 103–416 substituted ‘‘or’’
for ‘‘and’’ before ‘‘(F)’’.
1991—Subsec. (a)(2). Pub. L. 102–232 inserted ‘‘and’’ before ‘‘(F)’’ and struck out ‘‘; (G) who, regardless of
whether he is within any of the other provisions of this

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TITLE 8—ALIENS AND NATIONALITY

section, is a member of or affiliated with any Communist-action organization during the time it is registered or required to be registered under the provisions
of section 786 of title 50; or (H) who, regardless of
whether he is within any of the other provisions of this
section, is a member of or affiliated with any Communist-front organization during the time it is registered or required to be registered under section 786 of
title 50’’ after ‘‘may hereafter adopt’’.
1990—Subsec. (c). Pub. L. 101–649 substituted ‘‘application’’ for ‘‘petition’’ wherever appearing.
1988—Subsec. (a)(2)(D). Pub. L. 100–525 substituted
‘‘party of’’ for ‘‘party or’’.
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
Defense.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 219(v) of Pub. L. 103–416 provided that the
amendment made by that section is effective Dec. 12,
1991.

§ 1427

tion, any alien who applies or has applied for exemption or discharge from training or service in
the Armed Forces or in the National Security
Training Corps of the United States on the
ground that he is an alien, and is or was relieved
or discharged from such training or service on
such ground, shall be permanently ineligible to
become a citizen of the United States.
(b) Conclusiveness of records
The records of the Selective Service System or
of the Department of Defense shall be conclusive
as to whether an alien was relieved or discharged from such liability for training or service because he was an alien.
(c) Service in armed forces of foreign country
An alien shall not be ineligible for citizenship
under this section or otherwise because of an exemption from training or service in the Armed
Forces of the United States pursuant to the exercise of rights under a treaty, if before the time
of the exercise of such rights the alien served in
the Armed Forces of a foreign country of which
the alien was a national.
(June 27, 1952, ch. 477, title III, ch. 2, § 315, 66
Stat. 242; Pub. L. 100–525, § 9(v), Oct. 24, 1988, 102
Stat. 2621; Pub. L. 101–649, title IV, § 404, Nov. 29,
1990, 104 Stat. 5039.)

EFFECTIVE DATE

REFERENCES IN TEXT

Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.

Section 405(b), referred to in subsec. (a), is section
405(b) of act June 27, 1952, ch. 477, title IV, 66 Stat. 280,
which is set out as a Savings Clause note under section
1101 of this title.

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.

§ 1425. Ineligibility to naturalization of deserters
from the Armed Forces
A person who, at any time during which the
United States has been or shall be at war, deserted or shall desert the military, air, or naval
forces of the United States, or who, having been
duly enrolled, departed, or shall depart from the
jurisdiction of the district in which enrolled, or
who, whether or not having been duly enrolled,
went or shall go beyond the limits of the United
States, with intent to avoid any draft into the
military, air, or naval service, lawfully ordered,
shall, upon conviction thereof by a court martial or a court of competent jurisdiction, be permanently ineligible to become a citizen of the
United States; and such deserters and evaders
shall be forever incapable of holding any office
of trust or of profit under the United States, or
of exercising any rights of citizens thereof.
(June 27, 1952, ch. 477, title III, ch. 2, § 314, 66
Stat. 241.)
§ 1426. Citizenship denied alien relieved of service in Armed Forces because of alienage
(a) Permanent ineligibility
Notwithstanding the provisions of section
405(b) 1 but subject to subsection (c) of this sec1 See

References in Text note below.

AMENDMENTS
1990—Subsec. (a). Pub. L. 101–649, § 404(1), inserted
‘‘but subject to subsection (c) of this section’’ after
‘‘section 405(b)’’.
Subsec. (c). Pub. L. 101–649, § 404(2), added subsec. (c).
1988—Subsec. (b). Pub. L. 100–525 substituted ‘‘Department of Defense’’ for ‘‘National Military Establishment’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to exemptions from training or service obtained before, on, or
after Nov. 29, 1990, see section 408(e) of Pub. L. 101–649,
set out as a note under section 1421 of this title.

§ 1427. Requirements of naturalization
(a) Residence
No person, except as otherwise provided in this
subchapter, shall be naturalized unless such applicant, (1) immediately preceding the date of
filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United
States for at least five years and during the five
years immediately preceding the date of filing
his application has been physically present
therein for periods totaling at least half of that
time, and who has resided within the State or
within the district of the Service in the United
States in which the applicant filed the application for at least three months, (2) has resided
continuously within the United States from the
date of the application up to the time of admission to citizenship, and (3) during all the periods
referred to in this subsection has been and still
is a person of good moral character, attached to

§ 1427

TITLE 8—ALIENS AND NATIONALITY

the principles of the Constitution of the United
States, and well disposed to the good order and
happiness of the United States.
(b) Absences
Absence from the United States of more than
six months but less than one year during the period for which continuous residence is required
for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the
date of filing the application and the date of any
hearing under section 1447(a) of this title, shall
break the continuity of such residence, unless
the applicant shall establish to the satisfaction
of the Attorney General that he did not in fact
abandon his residence in the United States during such period.
Absence from the United States for a continuous period of one year or more during the period
for which continuous residence is required for
admission to citizenship (whether preceding or
subsequent to the filing of the application for
naturalization) shall break the continuity of
such residence, except that in the case of a person who has been physically present and residing in the United States, after being lawfully admitted for permanent residence, for an uninterrupted period of at least one year, and who
thereafter is employed by or under contract
with the Government of the United States or an
American institution of research recognized as
such by the Attorney General, or is employed by
an American firm or corporation engaged in
whole or in part in the development of foreign
trade and commerce of the United States, or a
subsidiary thereof more than 50 per centum of
whose stock is owned by an American firm or
corporation, or is employed by a public international organization of which the United
States is a member by treaty or statute and by
which the alien was not employed until after
being lawfully admitted for permanent residence, no period of absence from the United
States shall break the continuity of residence
if—
(1) prior to the beginning of such period of
employment (whether such period begins before or after his departure from the United
States), but prior to the expiration of one year
of continuous absence from the United States,
the person has established to the satisfaction
of the Attorney General that his absence from
the United States for such period is to be on
behalf of such Government, or for the purpose
of carrying on scientific research on behalf of
such institution, or to be engaged in the development of such foreign trade and commerce or
whose residence abroad is necessary to the
protection of the property rights in such countries in such firm or corporation, or to be employed by a public international organization
of which the United States is a member by
treaty or statute and by which the alien was
not employed until after being lawfully admitted for permanent residence; and
(2) such person proves to the satisfaction of
the Attorney General that his absence from
the United States for such period has been for
such purpose.
The spouse and dependent unmarried sons and
daughters who are members of the household of

Page 432

a person who qualifies for the benefits of this
subsection shall also be entitled to such benefits
during the period for which they were residing
abroad as dependent members of the household
of the person.
(c) Physical presence
The granting of the benefits of subsection (b)
of this section shall not relieve the applicant
from the requirement of physical presence within the United States for the period specified in
subsection (a) of this section, except in the case
of those persons who are employed by, or under
contract with, the Government of the United
States. In the case of a person employed by or
under contract with Central Intelligence Agency, the requirement in subsection (b) of this section of an uninterrupted period of at least one
year of physical presence in the United States
may be complied with by such person at any
time prior to filing an application for naturalization.
(d) Moral character
No finding by the Attorney General that the
applicant is not deportable shall be accepted as
conclusive evidence of good moral character.
(e) Determination
In determining whether the applicant has sustained the burden of establishing good moral
character and the other qualifications for citizenship specified in subsection (a) of this section, the Attorney General shall not be limited
to the applicant’s conduct during the five years
preceding the filing of the application, but may
take into consideration as a basis for such determination the applicant’s conduct and acts at
any time prior to that period.
(f) Persons making extraordinary contributions
to national security
(1) Whenever the Director of Central Intelligence, the Attorney General and the Commissioner of Immigration determine that an applicant otherwise eligible for naturalization has
made an extraordinary contribution to the national security of the United States or to the
conduct of United States intelligence activities,
the applicant may be naturalized without regard
to the residence and physical presence requirements of this section, or to the prohibitions of
section 1424 of this title, and no residence within
a particular State or district of the Service in
the United States shall be required: Provided,
That the applicant has continuously resided in
the United States for at least one year prior to
naturalization: Provided further, That the provisions of this subsection shall not apply to any
alien described in clauses (i) through (v) of section 1158(b)(2)(A) of this title.
(2) An applicant for naturalization under this
subsection may be administered the oath of allegiance under section 1448(a) of this title by any
district court of the United States, without regard to the residence of the applicant. Proceedings under this subsection shall be conducted in
a manner consistent with the protection of intelligence sources, methods and activities.
(3) The number of aliens naturalized pursuant
to this subsection in any fiscal year shall not
exceed five. The Director of Central Intelligence

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TITLE 8—ALIENS AND NATIONALITY

shall inform the Select Committee on Intelligence and the Committee on the Judiciary of
the Senate and the Permanent Select Committee on Intelligence and the Committee on the
Judiciary of the House of Representatives within a reasonable time prior to the filing of each
application under the provisions of this subsection.
(June 27, 1952, ch. 477, title III, ch. 2, § 316, 66
Stat. 242; Pub. L. 97–116, § 14, Dec. 29, 1981, 95
Stat. 1619; Pub. L. 99–169, title VI, § 601, Dec. 4,
1985, 99 Stat. 1007; Pub. L. 101–649, title IV, §§ 402,
407(c)(2), (d)(1), (e)(1), Nov. 29, 1990, 104 Stat. 5038,
5041, 5046; Pub. L. 104–208, div. C, title III,
§ 308(g)(7)(F), Sept. 30, 1996, 110 Stat. 3009–624;
Pub. L. 109–149, title V, § 518, Dec. 30, 2005, 119
Stat. 2882.)
AMENDMENTS
2005—Subsec. (g). Pub. L. 109–149, § 518, temporarily
added subsec. (g) reading as follows:
‘‘(1) The continuous residency requirement under subsection (a) of this section may be reduced to 3 years for
an applicant for naturalization if—
‘‘(A) the applicant is the beneficiary of an approved
petition for classification under section 1154(a)(1)(E)
of this title;
‘‘(B) the applicant has been approved for adjustment of status under section 1255(a) of this title; and
‘‘(C) such reduction is necessary for the applicant
to represent the United States at an international
event.
‘‘(2) The Secretary of Homeland Security shall adjudicate an application for naturalization under this section not later than 30 days after the submission of such
application if the applicant—
‘‘(A) requests such expedited adjudication in order
to represent the United States at an international
event; and
‘‘(B) demonstrates that such expedited adjudication
is related to such representation.
‘‘(3) An applicant is ineligible for expedited adjudication under paragraph (2) if the Secretary of Homeland
Security determines that such expedited adjudication
poses a risk to national security. Such a determination
by the Secretary shall not be subject to review.
‘‘(4)(A) In addition to any other fee authorized by
law, the Secretary of Homeland Security shall charge
and collect a $1,000 premium processing fee from each
applicant described in this subsection to offset the additional costs incurred to expedite the processing of applications under this subsection.
‘‘(B) The fee collected under subparagraph (A) shall
be deposited as offsetting collections in the Immigration Examinations Fee Account.’’ See Termination
Date of 2005 Amendment note below.
1996—Subsec. (f)(1). Pub. L. 104–208 substituted
‘‘clauses (i) through (v) of section 1158(b)(2)(A) of this
title’’ for ‘‘subparagraphs (A) through (D) of section
1253(h)(2) of this title’’.
1990—Subsec. (a). Pub. L. 101–649, § 407(c)(2), substituted references to applicant and application for references to petitioner and petition wherever appearing.
Pub. L. 101–649, § 402, substituted ‘‘and who has resided within the State or within the district of the
Service in the United States in which the applicant
filed the application for at least three months’’ for
‘‘and who has resided within the State in which the petitioner filed the petition for at least six months’’ in cl.
(1).
Subsec. (b). Pub. L. 101–649, § 407(d)(1)(A), (B), substituted ‘‘the Attorney General’’ for ‘‘the court’’ in
first par. and subpar. (2) of second par., and ‘‘date of
any hearing under section 1447(a) of this title’’ for
‘‘date of final hearing’’ in first par.
Pub. L. 101–649, § 407(c)(2), substituted references to
applicant and application for references to petitioner
and petition wherever appearing.

§ 1427

Subsec. (c). Pub. L. 101–649, § 407(c)(2), substituted references to applicant and application for references to
petitioner and petition wherever appearing.
Subsec. (d). Pub. L. 101–649, § 407(c)(2), substituted reference to applicant for reference to petitioner.
Subsec. (e). Pub. L. 101–649, § 407(d)(1)(C), substituted
‘‘the Attorney General’’ for ‘‘the court’’.
Pub. L. 101–649, § 407(c)(2), substituted references to
applicant, applicant’s, and application for references to
petitioner, petitioner’s, and petition wherever appearing.
Subsec. (f). Pub. L. 101–649, § 407(e)(1), redesignated
subsec. (g) as (f) and struck out former subsec. (f) which
read as follows: ‘‘Naturalization shall not be granted to
a petitioner by a naturalization court while registration proceedings or proceedings to require registration
against an organization of which the petitioner is a
member or affiliate are pending under section 792 or 793
of title 50.’’
Subsec. (f)(1). Pub. L. 101–649, § 407(d)(1)(D), substituted ‘‘within a particular State or district of the
Service in the United States’’ for ‘‘within the jurisdiction of the court’’.
Pub. L. 101–649, § 407(c)(2), substituted references to
applicant for references to petitioner wherever appearing.
Subsec. (f)(2). Pub. L. 101–649, § 407(d)(1)(E), amended
first sentence generally. Prior to amendment, first sentence read as follows: ‘‘A petition for naturalization
may be filed pursuant to this subsection in any district
court of the United States, without regard to the residence of the petitioner.’’
Subsec. (f)(3). Pub. L. 101–649, § 407(c)(2), substituted
reference to application for reference to petition.
1985—Subsec. (g). Pub. L. 99–169 added subsec. (g).
1981—Subsec. (b). Pub. L. 97–116 inserted provision
that the spouse and dependent unmarried sons and
daughters who are members of the household of a person who qualifies for the benefits of this subsection
also be entitled to such benefits during the period for
which they were residing abroad as dependent members
of the household of the person.
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
Defense.
TERMINATION DATE OF 2005 AMENDMENT
Pub. L. 109–149, title V, § 518(b), Dec. 30, 2005, 119 Stat.
2882, provided that: ‘‘The amendment made by subsection (a) [amending this section] is repealed on January 1, 2006.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related

§ 1428

TITLE 8—ALIENS AND NATIONALITY

references, see note set out under section 1551 of this
title.
EXPEDITED NATURALIZATION
Pub. L. 104–293, title III, § 305, Oct. 11, 1996, 110 Stat.
3465, as amended by Pub. L. 106–120, title III, § 307, Dec.
3, 1999, 113 Stat. 1612, provided that:
‘‘(a) IN GENERAL.—With the approval of the Director
of Central Intelligence, the Attorney General, and the
Commissioner of Immigration and Naturalization, an
applicant described in subsection (b) and otherwise eligible for naturalization may be naturalized without regard to the residence and physical presence requirements of section 316(a) of the Immigration and Nationality Act [8 U.S.C. 1427(a)], or to the prohibitions of section 313 of such Act [8 U.S.C. 1424], and no residence
within a particular State or district of the Immigration
and Naturalization Service in the United States shall
be required.
‘‘(b) ELIGIBLE APPLICANT.—An applicant eligible for
naturalization under this section is the spouse or child
of a deceased alien whose death resulted from the intentional and unauthorized disclosure of classified information regarding the alien’s participation in the
conduct of United States intelligence activities and
who—
‘‘(1) has resided continuously, after being lawfully
admitted for permanent residence, within the United
States for at least one year prior to naturalization;
and
‘‘(2) is not described in clauses (i) through (iv) of
section 241(b)(3)(B) of such Act [8 U.S.C. 1231(b)(3)(B)].
‘‘(c) ADMINISTRATION OF OATH.—An applicant for naturalization under this section may be administered the
oath of allegiance under section 337(a) of the Immigration and Nationality Act [8 U.S.C. 1448(a)] by the Attorney General or any district court of the United States,
without regard to the residence of the applicant. Proceedings under this subsection shall be conducted in a
manner consistent with the protection of intelligence
sources, methods, and activities.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘child’ means a child as defined in
subparagraphs (A) through (E) of section 101(b)(1) of
the Immigration and Nationality Act [8 U.S.C.
1101(b)(1)], without regard to age or marital status;
and
‘‘(2) the term ‘spouse’ means the wife or husband of
a deceased alien referred to in subsection (b) who was
married to such alien during the time the alien participated in the conduct of United States intelligence
activities.’’

§ 1428. Temporary absence of persons performing
religious duties
Any person who is authorized to perform the
ministerial or priestly functions of a religious
denomination having a bona fide organization
within the United States, or any person who is
engaged solely by a religious denomination or
by an interdenominational mission organization
having a bona fide organization within the
United States as a missionary, brother, nun, or
sister, who (1) has been lawfully admitted to the
United States for permanent residence, (2) has
at any time thereafter and before filing an application for naturalization been physically
present and residing within the United States
for an uninterrupted period of at least one year,
and (3) has heretofore been or may hereafter be
absent temporarily from the United States in
connection with or for the purpose of performing
the ministerial or priestly functions of such religious denomination, or serving as a missionary,
brother, nun, or sister, shall be considered as
being physically present and residing in the

Page 434

United States for the purpose of naturalization
within the meaning of section 1427(a) of this
title, notwithstanding any such absence from
the United States, if he shall in all other respects comply with the requirements of the naturalization law. Such person shall prove to the
satisfaction of the Attorney General that his absence from the United States has been solely for
the purpose of performing the ministerial or
priestly functions of such religious denomination, or of serving as a missionary, brother, nun,
or sister.
(June 27, 1952, ch. 477, title III, ch. 2, § 317, 66
Stat. 243; Pub. L. 101–649, title IV, § 407(c)(3),
(d)(2), Nov. 29, 1990, 104 Stat. 5041.)
AMENDMENTS
1990—Pub. L. 101–649, § 407(d)(2), struck out ‘‘and the
naturalization court’’ after ‘‘Attorney General’’.
Pub. L. 101–649, § 407(c)(3), substituted ‘‘application’’
for ‘‘petition’’.
EFFECTIVE DATE
Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.
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.

§ 1429. Prerequisite to naturalization; burden of
proof
Except as otherwise provided in this subchapter, no person shall be naturalized unless he
has been lawfully admitted to the United States
for permanent residence in accordance with all
applicable provisions of this chapter. The burden
of proof shall be upon such person to show that
he entered the United States lawfully, and the
time, place, and manner of such entry into the
United States, but in presenting such proof he
shall be entitled to the production of his immigrant visa, if any, or of other entry document, if
any, and of any other documents and records,
not considered by the Attorney General to be
confidential, pertaining to such entry, in the
custody of the Service. Notwithstanding the
provisions of section 405(b),1 and except as provided in sections 1439 and 1440 of this title no
person shall be naturalized against whom there
is outstanding a final finding of deportability
pursuant to a warrant of arrest issued under the
provisions of this chapter or any other Act; and
no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding
pursuant to a warrant of arrest issued under the
provisions of this chapter or any other Act: Provided, That the findings of the Attorney General
in terminating removal proceedings or in canceling the removal of an alien pursuant to the
provisions of this chapter, shall not be deemed
binding in any way upon the Attorney General
with respect to the question of whether such
1 See

References in Text note below.

Page 435

TITLE 8—ALIENS AND NATIONALITY

person has established his eligibility for naturalization as required by this subchapter.
(June 27, 1952, ch. 477, title III, ch. 2, § 318, 66
Stat. 244; Pub. L. 90–633, § 4, Oct. 24, 1968, 82 Stat.
1344; Pub. L. 101–649, title IV, § 407(c)(4), (d)(3),
Nov. 29, 1990, 104 Stat. 5041; Pub. L. 104–208, div.
C, title III, § 308(e)(1)(O), (15), Sept. 30, 1996, 110
Stat. 3009–620, 3009–621.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
Section 405(b), referred to in text, is section 405(b) of
act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is
set out as a Savings Clause note under section 1101 of
this title.
AMENDMENTS
1996—Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘deportation’’ wherever appearing and ‘‘canceling’’ for
‘‘suspending’’.
1990—Pub. L. 101–649, § 407(d)(3), in last sentence substituted ‘‘considered by the Attorney General’’ for ‘‘finally heard by a naturalization court’’ and ‘‘upon the
Attorney General’’ for ‘‘upon the naturalization
court’’.
Pub. L. 101–649, § 407(c)(4), substituted ‘‘application’’
for ‘‘petition’’ and ‘‘applicant’’ for ‘‘petitioner’’.
1968—Pub. L. 90–633 substituted reference to exception provided in sections 1439 and 1440 of this title for
reference to exception provided in sections 1438 and 1439
of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
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.

§ 1430. Married persons and employees of certain
nonprofit organizations
(a) Any person whose spouse is a citizen of the
United States, or any person who obtained
status as a lawful permanent resident by reason
of his or her status as a spouse or child of a
United States citizen who battered him or her or
subjected him or her to extreme cruelty, may be
naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427(a) of this
title if such person immediately preceding the
date of filing his application for naturalization
has resided continuously, after being lawfully
admitted for permanent residence, within the
United States for at least three years, and during the three years immediately preceding the
date of filing his application has been living in
marital union with the citizen spouse (except in
the case of a person who has been battered or
subjected to extreme cruelty by a United States
citizen spouse or parent), who has been a United

§ 1430

States citizen during all of such period, and has
been physically present in the United States for
periods totaling at least half of that time and
has resided within the State or the district of
the Service in the United States in which the
applicant filed his application for at least three
months.
(b) Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment
of the Government of the United States, or of an
American institution of research recognized as
such by the Attorney General, or of an American firm or corporation engaged in whole or in
part in the development of foreign trade and
commerce of the United States, or a subsidiary
thereof, or of a public international organization in which the United States participates by
treaty or statute, or is authorized to perform
the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged
solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within
the United States, and (C) regularly stationed
abroad in such employment, and (2) who is in
the United States at the time of naturalization,
and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately
upon the termination of such employment
abroad of the citizen spouse, may be naturalized
upon compliance with all the requirements of
the naturalization laws, except that no prior
residence or specified period of physical presence within the United States or within a State
or a district of the Service in the United States
or proof thereof shall be required.
(c) Any person who (1) is employed by a bona
fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media
the dissemination of information which significantly promotes United States interests abroad
and which is recognized as such by the Attorney
General, and (2) has been so employed continuously for a period of not less than five years
after a lawful admission for permanent residence, and (3) who files his application for naturalization while so employed or within six
months following the termination thereof, and
(4) who is in the United States at the time of
naturalization, and (5) who declares before the
Attorney General in good faith an intention to
take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with
all the requirements of this subchapter except
that no prior residence or specified period of
physical presence within the United States or
any State or district of the Service in the
United States, or proof thereof, shall be required.
(d) Any person who is the surviving spouse,
child, or parent of a United States citizen,
whose citizen spouse, parent, or child dies during a period of honorable service in an active
duty status in the Armed Forces of the United
States and who, in the case of a surviving
spouse, was living in marital union with the citizen spouse at the time of his death, may be nat-

§ 1431

TITLE 8—ALIENS AND NATIONALITY

uralized upon compliance with all the requirements of this subchapter except that no prior
residence or specified physical presence within
the United States, or within a State or a district
of the Service in the United States shall be required. For purposes of this subsection, the
terms ‘‘United States citizen’’ and ‘‘citizen
spouse’’ include a person granted posthumous
citizenship under section 1440–1 of this title.
(e)(1) In the case of a person lawfully admitted
for permanent residence in the United States
who is the spouse of a member of the Armed
Forces of the United States, is authorized to accompany such member and reside abroad with
the member pursuant to the member’s official
orders, and is so accompanying and residing
with the member in marital union, such residence and physical presence abroad shall be
treated, for purposes of subsection (a) and section 1427(a) of this title, as residence and physical presence in—
(A) the United States; and
(B) any State or district of the Department
of Homeland Security in the United States.
(2) Notwithstanding any other provision of
law, a spouse described in paragraph (1) shall be
eligible for naturalization proceedings overseas
pursuant to section 1443a of this title.
(June 27, 1952, ch. 477, title III, ch. 2, § 319, 66
Stat. 244; Pub. L. 85–697, § 2, Aug. 20, 1958, 72
Stat. 687; Pub. L. 90–215, § 1(a), Dec. 18, 1967, 81
Stat. 661; Pub. L. 90–369, June 29, 1968, 82 Stat.
279; Pub. L. 101–649, title IV, § 407(b)(1), (c)(5),
(d)(4), Nov. 29, 1990, 104 Stat. 5040, 5041; Pub. L.
106–386, div. B, title V, § 1503(e), Oct. 28, 2000, 114
Stat. 1522; Pub. L. 108–136, div. A, title XVII,
§ 1703(f)(1), (h), Nov. 24, 2003, 117 Stat. 1695, 1696;
Pub. L. 110–181, div. A, title VI, § 674(a), Jan. 28,
2008, 122 Stat. 185.)
AMENDMENTS
2008—Subsec. (e). Pub. L. 110–181 added subsec. (e).
2003—Subsec. (d). Pub. L. 108–136, § 1703(h), inserted
‘‘, child, or parent’’ after ‘‘surviving spouse’’ and
‘‘, parent, or child’’ after ‘‘whose citizen spouse’’, and
substituted ‘‘who, in the case of a surviving spouse, was
living’’ for ‘‘who was living’’.
Pub. L. 108–136, § 1703(f)(1), inserted at end ‘‘For purposes of this subsection, the terms ‘United States citizen’ and ‘citizen spouse’ include a person granted posthumous citizenship under section 1440–1 of this title.’’
2000—Subsec. (a). Pub. L. 106–386 inserted ‘‘, or any
person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child
of a United States citizen who battered him or her or
subjected him or her to extreme cruelty,’’ after ‘‘citizen of the United States’’ and ‘‘(except in the case of a
person who has been battered or subjected to extreme
cruelty by a United States citizen spouse or parent)’’
after ‘‘has been living in marital union with the citizen
spouse’’.
1990—Subsec. (a). Pub. L. 101–649, § 407(c)(5), substituted ‘‘application’’ for ‘‘petition’’ wherever appearing.
Pub. L. 101–649, § 407(b)(1)(A), substituted ‘‘has resided
within the State or the district of the Service in the
United States in which the applicant filed his application for at least three months’’ for ‘‘has resided within
the State in which he filed his petition for at least six
months.’’
Subsec. (b). Pub. L. 101–649, § 407(d)(4)(A), substituted
‘‘before the Attorney General’’ for ‘‘before the naturalization court’’ in cl. (3).
Pub. L. 101–649, § 407(b)(1)(B), substituted ‘‘within a
State or a district of the Service in the United States’’

Page 436

for ‘‘within the jurisdiction of the naturalization
court’’.
Subsec. (c). Pub. L. 101–649, § 407(d)(4)(B), substituted
‘‘Attorney General’’ for ‘‘naturalization court’’ in cl.
(5).
Pub. L. 101–649, § 407(c)(5), substituted ‘‘application’’
for ‘‘petition’’.
Pub. L. 101–649, § 407(b)(1)(C), substituted ‘‘district of
the Service in the United States’’ for ‘‘within the jurisdiction of the court’’.
Subsec. (d). Pub. L. 101–649, § 407(b)(1)(B), substituted
‘‘within a State or a district of the Service in the
United States’’ for ‘‘within the jurisdiction of the naturalization court’’.
1968—Subsec. (d). Pub. L. 90–369 added subsec. (d).
1967—Subsec. (c). Pub. L. 90–215 added subsec. (c).
1958—Subsec. (b). Pub. L. 85–697 inserted provision relating to persons performing religious duties.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–181, div. A, title VI, § 674(d), Jan. 28, 2008,
122 Stat. 186, provided that: ‘‘The amendments made by
this section [amending this section and sections 1433
and 1443a of this title] shall take effect on the date of
enactment of this Act [Jan. 28, 2008] and apply to any
application for naturalization or issuance of a certificate of citizenship pending on or after such date.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–136, div. A, title XVII, § 1703(f)(2), Nov. 24,
2003, 117 Stat. 1695, provided that: ‘‘The amendment
made by paragraph (1) [amending this section] shall
apply with respect to persons granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440–1) due to death on or after
September 11, 2001.’’
Amendment by Pub. L. 108–136 effective as if enacted
Sept. 11, 2001, see section 1705(a) of Pub. L. 108–136, set
out as a note under section 1439 of this title.
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.
REQUIREMENTS FOR CITIZENSHIP FOR STAFF OF GEORGE
C. MARSHALL EUROPEAN CENTER FOR SECURITY
STUDIES
Pub. L. 101–193, title V, § 506, Nov. 30, 1989, 103 Stat.
1709, as amended by Pub. L. 104–208, div. C, title VI,
§ 671(g)(1), Sept. 30, 1996, 110 Stat. 3009–724; Pub. L.
105–85, div. A, title IX, § 923, Nov. 18, 1997, 111 Stat. 1863,
provided that:
‘‘(a) For purposes of section 319(c) of the Immigration
and Nationality Act (8 U.S.C. 1430(c)), the George C.
Marshall European Center for Security Studies, located
in Garmisch, Federal Republic of Germany, shall be
considered to be an organization described in clause (1)
of such section.
‘‘(b) Subsection (a) shall apply with respect to periods
of employment before, on, or after the date of the enactment of this Act [Nov. 30, 1989].
‘‘(c) No more than two persons per year may be naturalized based on the provisions of subsection (a).
‘‘(d) Each instance of naturalization based on the provisions of subsection (a) shall be reported to the Committees on the Judiciary of the Senate and House of
Representatives and to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives
prior to such naturalization.’’

§ 1431. Children born outside the United States
and residing permanently in the United
States; conditions under which citizenship
automatically acquired
(a) A child born outside of the United States
automatically becomes a citizen of the United

Page 437

TITLE 8—ALIENS AND NATIONALITY

States when all of the following conditions have
been fulfilled:
(1) At least one parent of the child is a citizen of the United States, whether by birth or
naturalization.
(2) The child is under the age of eighteen
years.
(3) The child is residing in the United States
in the legal and physical custody of the citizen
parent pursuant to a lawful admission for permanent residence.
(b) Subsection (a) of this section shall apply to
a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1)
of this title.
(June 27, 1952, ch. 477, title III, ch. 2, § 320, 66
Stat. 245; Pub. L. 95–417, § 4, Oct. 5, 1978, 92 Stat.
917; Pub. L. 97–116, § 18(m), Dec. 29, 1981, 95 Stat.
1620; Pub. L. 99–653, § 14, Nov. 14, 1986, 100 Stat.
3657; Pub. L. 100–525, §§ 8(l), 9(w), Oct. 24, 1988, 102
Stat. 2618, 2621; Pub. L. 106–395, title I, § 101(a),
Oct. 30, 2000, 114 Stat. 1631.)
AMENDMENTS
2000—Pub. L. 106–395 amended section catchline and
text generally. Prior to amendment, text read as follows:
‘‘(a) A child born outside of the United States, one of
whose parents at the time of the child’s birth was an
alien and the other of whose parents then was and
never thereafter ceased to be a citizen of the United
States, shall, if such alien parent is naturalized, become a citizen of the United States, when—
‘‘(1) such naturalization takes place while such
child is unmarried and under the age of eighteen
years; and
‘‘(2) such child is residing in the United States pursuant to a lawful admission for permanent residence
at the time of naturalization or thereafter and begins
to reside permanently in the United States while
under the age of eighteen years.
‘‘(b) Subsection (a) of this section shall apply to an
adopted child only if the child is residing in the United
States at the time of naturalization of such adoptive
parent, in the custody of his adoptive parents, pursuant
to a lawful admission for permanent residence.’’
1988—Subsec. (a)(1). Pub. L. 100–525, § 8(l), repealed
Pub. L. 99–653, § 14. See 1986 Amendment note below.
Subsec. (b). Pub. L. 100–525, § 9(w), substituted ‘‘Subsection (a)’’ for ‘‘Subsection (a)(1)’’.
1986—Subsec. (a)(1). Pub. L. 99–653, § 14, which inserted
‘‘unmarried and’’ after ‘‘such child is’’, was repealed by
Pub. L. 100–525, § 8(l).
1981—Subsec. (b). Pub. L. 97–116 substituted ‘‘an
adopted child only if the child’’ for ‘‘a child adopted
while under the age of sixteen years who’’.
1978—Subsec. (a). Pub. L. 95–417 substituted in pars.
(1) and (2) ‘‘eighteen years’’ for ‘‘sixteen years’’.
Subsec. (b). Pub. L. 95–417 substituted provisions
making subsec. (a)(1) of this section applicable to
adopted children for provisions making subsec. (a) of
this section inapplicable to adopted children.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–395, title I, § 104, Oct. 30, 2000, 114 Stat.
1633, provided that: ‘‘The amendments made by this
title [amending this section and section 1433 of this
title and repealing section 1432 of this title] shall take
effect 120 days after the date of the enactment of this
Act [Oct. 30, 2000] and shall apply to individuals who
satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act [8 U.S.C. 1431, 1433], as
in effect on such effective date.’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 8(l) of Pub. L. 100–525 effective
as if included in the enactment of the Immigration and

§ 1433

Nationality Act Amendments of 1986, Pub. L. 99–653, see
section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note
under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.

§ 1432. Repealed. Pub. L. 106–395, title I, § 103(a),
Oct. 30, 2000, 114 Stat. 1632
Section, acts June 27, 1952, ch. 477, title III, ch. 2,
§ 321, 66 Stat. 245; Pub. L. 95–417, § 5, Oct. 5, 1978, 92 Stat.
918; Pub. L. 97–116, § 18(m), Dec. 29, 1981, 95 Stat. 1620;
Pub. L. 99–653, § 15, Nov. 14, 1986, 100 Stat. 3658; Pub. L.
100–525, § 8(l), Oct. 24, 1988, 102 Stat. 2618, related to conditions for automatic citizenship of children born outside the United States of alien parents.
EFFECTIVE DATE OF REPEAL
Repeal effective 120 days after Oct. 30, 2000, see section 104 of Pub. L. 106–395, set out as an Effective Date
of 2000 Amendment note under section 1431 of this title.

§ 1433. Children born and residing outside the
United States; conditions for acquiring certificate of citizenship
(a) Application by citizen parents; requirements
A parent who is a citizen of the United States
(or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen
legal guardian) may apply for naturalization on
behalf of a child born outside of the United
States who has not acquired citizenship automatically under section 1431 of this title. The
Attorney General shall issue a certificate of
citizenship to such applicant upon proof, to the
satisfaction of the Attorney General, that the
following conditions have been fulfilled:
(1) At least one parent (or, at the time of his
or her death, was) is a citizen of the United
States, whether by birth or naturalization.
(2) The United States citizen parent—
(A) has (or, at the time of his or her death,
had) been physically present in the United
States or its outlying possessions for a period or periods totaling not less than five
years, at least two of which were after attaining the age of fourteen years; or
(B) has (or, at the time of his or her death,
had) a citizen parent who has been physically present in the United States or its
outlying possessions for a period or periods
totaling not less than five years, at least
two of which were after attaining the age of
fourteen years.
(3) The child is under the age of eighteen
years.
(4) The child is residing outside of the
United States in the legal and physical custody of the applicant (or, if the citizen parent
is deceased, an individual who does not object
to the application).
(5) The child is temporarily present in the
United States pursuant to a lawful admission,
and is maintaining such lawful status.
(b) Attainment of citizenship status; receipt of
certificate
Upon approval of the application (which may
be filed from abroad) and, except as provided in

§ 1433

TITLE 8—ALIENS AND NATIONALITY

the last sentence of section 1448(a) of this title,
upon taking and subscribing before an officer of
the Service within the United States to the oath
of allegiance required by this chapter of an applicant for naturalization, the child shall become a citizen of the United States and shall be
furnished by the Attorney General with a certificate of citizenship.
(c) Adopted children
Subsections (a) and (b) of this section shall
apply to a child adopted by a United States citizen parent if the child satisfies the requirements
applicable to adopted children under section
1101(b)(1) of this title.
(d) Children of Armed Forces members
In the case of a child of a member of the
Armed Forces of the United States who is authorized to accompany such member and reside
abroad with the member pursuant to the member’s official orders, and is so accompanying and
residing with the member—
(1) any period of time during which the
member of the Armed Forces is residing
abroad pursuant to official orders shall be
treated, for purposes of subsection (a)(2)(A), as
physical presence in the United States;
(2) subsection (a)(5) shall not apply; and
(3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1443a of this title.
(June 27, 1952, ch. 477, title III, ch. 2, § 322, 66
Stat. 246; Pub. L. 95–417, § 6, Oct. 5, 1978, 92 Stat.
918; Pub. L. 97–116, § 18(m), (n), Dec. 29, 1981, 95
Stat. 1620, 1621; Pub. L. 99–653, § 16, Nov. 14, 1986,
100 Stat. 3658; Pub. L. 100–525, § 8(l), Oct. 24, 1988,
102 Stat. 2618; Pub. L. 101–649, title IV, § 407(b)(2),
(c)(6), (d)(5), Nov. 29, 1990, 104 Stat. 5040–5042;
Pub. L. 102–232, title III, § 305(m)(3), Dec. 12, 1991,
105 Stat. 1750; Pub. L. 103–416, title I, § 102(a),
Oct. 25, 1994, 108 Stat. 4306; Pub. L. 106–139,
§ 1(b)(2), Dec. 7, 1999, 113 Stat. 1697; Pub. L.
106–395, title I, § 102(a), Oct. 30, 2000, 114 Stat.
1632; Pub. L. 107–273, div. C, title I, § 11030B, Nov.
2, 2002, 116 Stat. 1837; Pub. L. 110–181, div. A, title
VI, § 674(b), Jan. 28, 2008, 122 Stat. 186.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
2008—Subsec. (d). Pub. L. 110–181 added subsec. (d).
2002—Subsec. (a). Pub. L. 107–273, § 11030B(1), in introductory provisions, inserted ‘‘(or, if the citizen parent
has died during the preceding 5 years, a citizen grandparent or citizen legal guardian)’’ after ‘‘citizen of the
United States’’ and substituted ‘‘such applicant’’ for
‘‘such parent’’.
Subsec. (a)(1). Pub. L. 107–273, § 11030B(2), inserted
‘‘(or, at the time of his or her death, was)’’ after ‘‘parent’’.
Subsec. (a)(2)(A). Pub. L. 107–273, § 11030B(3)(A), inserted ‘‘(or, at the time of his or her death, had)’’ after
‘‘(A) has’’.
Subsec. (a)(2)(B). Pub. L. 107–273, § 11030B(3)(B), inserted ‘‘(or, at the time of his or her death, had)’’ after
‘‘(B) has’’.

Page 438

Subsec. (a)(4). Pub. L. 107–273, § 11030B(4), amended
par. (4) generally. Prior to amendment, par. (4) read as
follows: ‘‘The child is residing outside of the United
States in the legal and physical custody of the citizen
parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such
lawful status.’’
Subsec. (a)(5). Pub. L. 107–273, § 11030B(5), added par.
(5).
2000—Pub. L. 106–395 amended section catchline and
text generally, revising and restating provisions relating to acquisition of certificate of citizenship for certain children born outside the United States.
1999—Subsec. (a)(4). Pub. L. 106–139 substituted ‘‘16
years (except to the extent that the child is described
in clause (ii) of subparagraph (E) or (F) of section
1101(b)(1) of this title)’’ for ‘‘16 years’’ and ‘‘either of
such subparagraphs’’ for ‘‘subparagraph (E) or (F) of
section 1101(b)(1) of this title’’.
1994—Pub. L. 103–416 amended section generally, substituting present provisions for former provisions
which related to: in subsec. (a) naturalization on application of citizen parents; in subsec. (b) adopted children; and subsec. (c) specified period of residence for
adopted children.
1991—Pub. L. 102–232 amended section catchline.
1990—Subsec. (a). Pub. L. 101–649, § 407(c)(6), substituted ‘‘applying’’ for ‘‘petitioning’’ and ‘‘application’’ for ‘‘petition’’.
Subsec. (c). Pub. L. 101–649, § 407(d)(5), substituted
‘‘Attorney General’’ for first reference to ‘‘naturalization court’’ in cl. (2)(C).
Pub. L. 101–649, § 407(c)(6), substituted ‘‘applies’’ for
‘‘petitions’’.
Pub. L. 101–649, § 407(b)(2), substituted ‘‘within a State
or a district of the Service in the United States’’ for
‘‘within the jurisdiction of the naturalization court’’.
1988—Subsec. (a). Pub. L. 100–525 repealed Pub. L.
99–653, § 16. See 1986 Amendment note below.
1986—Subsec. (a). Pub. L. 99–653, § 16, which inserted
‘‘unmarried and’’ after ‘‘be naturalized if’’, was repealed by Pub. L. 100–525.
1981—Subsec. (b). Pub. L. 97–116, § 18(m), substituted
‘‘an adopted child only if the child’’ for ‘‘a child adopted while under the age of sixteen years who’’.
Subsec. (c). Pub. L. 97–116, § 18(n), added subsec. (c).
1978—Subsec. (b). Pub. L. 95–417 substituted provisions making subsec. (a) of this section applicable to
adopted children for provisions making subsec. (a) of
this section inapplicable to adopted children.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–181 effective Jan. 28, 2008,
and applicable to any application for naturalization or
issuance of a certificate of citizenship pending on or
after such date, see section 674(d) of Pub. L. 110–181, set
out as a note under section 1430 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–395 effective 120 days after
Oct. 30, 2000, and applicable to individuals who satisfy
the requirements of this section or section 1431 of this
title as in effect on such effective date, see section 104
of Pub. L. 106–395, set out as a note under section 1431
of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 102(d) of Pub. L. 103–416 provided that: ‘‘The
amendments made by this section [amending this section and section 1452 of this title] shall take effect on
the first day of the first month beginning more than 120
days after the date of the enactment of this Act [Oct.
25, 1994].’’
EFFECTIVE DATE OF 1991 AMENDMENT
Section 305(m) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 407(d) of the Immigration Act of 1990,
Pub. L. 101–649.

Page 439

TITLE 8—ALIENS AND NATIONALITY

EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in the enactment of the Immigration and Nationality
Act Amendments of 1986, Pub. L. 99–653, see section
309(b)(15) of Pub. L. 102–232, set out as an Effective and
Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.
APPLICATION OF 1994 AMENDMENT
Section 102(e) of Pub. L. 103–416, as added by Pub. L.
104–208, div. C, title VI, § 671(b)(2), Sept. 30, 1996, 110
Stat. 3009–721, which provided that in applying amendment made by subsection (a), amending this section, to
children born before Nov. 14, 1986, any reference in matter inserted by such amendment to ‘‘five years, at least
two of which’’ was deemed a reference to ‘‘10 years, at
least 5 of which’’, was repealed by Pub. L. 105–38, § 1,
Aug. 8, 1997, 111 Stat. 1115, effective as if included in the
enactment of Pub. L. 103–416.

§ 1434. Repealed. Pub. L. 95–417, § 7, Oct. 5, 1978,
92 Stat. 918
Section, acts June 27, 1952, ch. 477, title III, ch. 2,
§ 323, 66 Stat. 246; Sept. 11, 1957, Pub. L. 85–316, § 11, 71
Stat. 642; Aug. 20, 1958, Pub. L. 85–697, § 1, 72 Stat. 687,
related to citizenship of children adopted by citizens.

§ 1435. Former citizens regaining citizenship
(a) Requirements
Any person formerly a citizen of the United
States who (1) prior to September 22, 1922, lost
United States citizenship by marriage to an
alien, or by the loss of United States citizenship
of such person’s spouse, or (2) on or after September 22, 1922, lost United States citizenship by
marriage to an alien ineligible to citizenship,
may if no other nationality was acquired by an
affirmative act of such person other than by
marriage be naturalized upon compliance with
all requirements of this subchapter, except—
(1) no period of residence or specified period
of physical presence within the United States
or within the State or district of the Service
in the United States where the application is
filed shall be required; and
(2) the application need not set forth that it
is the intention of the applicant to reside permanently within the United States.
Such person, or any person who was naturalized in accordance with the provisions of section
317(a) of the Nationality Act of 1940, shall have,
from and after her naturalization, the status of
a native-born or naturalized citizen of the
United States, whichever status existed in the
case of such person prior to the loss of citizenship: Provided, That nothing contained herein or
in any other provision of law shall be construed
as conferring United States citizenship retroactively upon such person, or upon any person
who was naturalized in accordance with the pro-

§ 1435

visions of section 317(a) of the Nationality Act
of 1940, during any period in which such person
was not a citizen.
(b) Additional requirements
No person who is otherwise eligible for naturalization in accordance with the provisions of
subsection (a) of this section shall be naturalized unless such person shall establish to the
satisfaction of the Attorney General that she
has been a person of good moral character, attached to the principles of the Constitution of
the United States, and well disposed to the good
order and happiness of the United States for a
period of not less than five years immediately
preceding the date of filing an application for
naturalization and up to the time of admission
to citizenship, and, unless she has resided continuously in the United States since the date of
her marriage, has been lawfully admitted for
permanent residence prior to filing her application for naturalization.
(c) Oath of allegiance
(1) A woman who was a citizen of the United
States at birth and (A) who has or is believed to
have lost her United States citizenship solely by
reason of her marriage prior to September 22,
1922, to an alien, or by her marriage on or after
such date to an alien ineligible to citizenship,
(B) whose marriage to such alien shall have terminated subsequent to January 12, 1941, and (C)
who has not acquired by an affirmative act
other than by marriage any other nationality,
shall, from and after taking the oath of allegiance required by section 1448 of this title, be a
citizen of the United States and have the status
of a citizen of the United States by birth, without filing an application for naturalization, and
notwithstanding any of the other provisions of
this subchapter except the provisions of section
1424 of this title: Provided, That nothing contained herein or in any other provision of law
shall be construed as conferring United States
citizenship retroactively upon such person, or
upon any person who was naturalized in accordance with the provisions of section 317(b) of the
Nationality Act of 1940, during any period in
which such person was not a citizen.
(2) Such oath of allegiance may be taken
abroad before a diplomatic or consular officer of
the United States, or in the United States before
the Attorney General or the judge or clerk of a
court described in section 1421(b) of this title.
(3) Such oath of allegiance shall be entered in
the records of the appropriate embassy, legation, consulate, court, or the Attorney General,
and, upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy, legation,
consulate, court, or the Attorney General, shall
be delivered to such woman at a cost not exceeding $5, which certified copy shall be evidence of
the facts stated therein before any court of
record or judicial tribunal and in any department or agency of the Government of the United
States.
(d) Persons losing citizenship for failure to meet
physical presence retention requirement
(1) A person who was a citizen of the United
States at birth and lost such citizenship for fail-

§ 1435

TITLE 8—ALIENS AND NATIONALITY

ure to meet the physical presence retention requirements under section 1401(b) of this title (as
in effect before October 10, 1978), shall, from and
after taking the oath of allegiance required by
section 1448 of this title be a citizen of the
United States and have the status of a citizen of
the United States by birth, without filing an application for naturalization, and notwithstanding any of the other provisions of this subchapter except the provisions of section 1424 of
this title. Nothing in this subsection or any
other provision of law shall be construed as conferring United States citizenship retroactively
upon such person during any period in which
such person was not a citizen.
(2) The provisions of paragraphs (2) and (3) of
subsection (c) of this section shall apply to a
person regaining citizenship under paragraph (1)
in the same manner as they apply under subsection (c)(1) of this section.
(June 27, 1952, ch. 477, title III, ch. 2, § 324, 66
Stat. 246; Pub. L. 100–525, § 9(x), Oct. 24, 1988, 102
Stat. 2621; Pub. L. 101–649, title IV, § 407(b)(3),
(c)(7), (d)(6), Nov. 29, 1990, 104 Stat. 5040–5042;
Pub. L. 103–416, title I, § 103(a), Oct. 25, 1994, 108
Stat. 4307.)
REFERENCES IN TEXT
Section 317(a) and (b) of the Nationality Act of 1940,
referred to in subsecs. (a) and (c)(1), which was classified to section 717(a) and (b) of this title, was repealed
by section 403(a)(42) of act June 27, 1952. See subsecs. (a)
and (c) of this section.
AMENDMENTS
1994—Subsec. (d). Pub. L. 103–416 added subsec. (d).
1990—Subsec. (a)(1). Pub. L. 101–649, § 407(b)(3), (c)(7),
(d)(6)(A)(i), substituted ‘‘State or district of the Service
in the United States’’ for ‘‘State’’ and ‘‘application’’ for
‘‘petition’’ and inserted ‘‘and’’ at end.
Subsec. (a)(2). Pub. L. 101–649, § 407(c)(7), (d)(6)(A)(ii),
substituted references to applicant and application for
references to petitioner and petition, and substituted
period for semicolon at end.
Subsec. (a)(3), (4). Pub. L. 101–649, § 407(d)(6)(A)(iii),
struck out pars. (3) and (4) which related to filing of petition and hearing on petition.
Subsec. (b). Pub. L. 101–649, § 407(c)(7), (d)(6)(B), substituted references to application for references to petition wherever appearing, and ‘‘Attorney General’’ for
‘‘naturalization court’’.
Subsec. (c)(1). Pub. L. 101–649, § 407(c)(7), substituted
‘‘an application’’ for ‘‘a petition’’.
Subsec. (c)(2). Pub. L. 101–649, § 407(d)(6)(C)(i), substituted ‘‘the Attorney General or the judge or clerk of
a court described in section 1421(b) of this title’’ for
‘‘the judge or clerk of a naturalization court’’.
Subsec. (c)(3). Pub. L. 101–649, § 407(d)(6)(C)(ii), substituted ‘‘court, or the Attorney General’’ for ‘‘or naturalization court’’ in two places.
1988—Subsec. (a)(4). Pub. L. 100–525 substituted ‘‘has’’
for ‘‘and the witnesses have’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 103(b) of Pub. L. 103–416 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the first day of the first
month beginning more than 120 days after the date of
the enactment of this Act [Oct. 25, 1994].’’
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.

Page 440

ITALIAN ELECTIONS; NATURALIZATION OF FORMER
CITIZENS WHO VOTED IN CERTAIN FORMER ELECTIONS
Section 1 of act Aug. 16, 1951, as amended by section
402(j) of act June 27, 1952, provided: ‘‘That a person who,
while a citizen of the United States, has lost citizenship of the United States solely by reason of having
voted in a political election or plebiscite held in Italy
between January 1, 1946, and April 18, 1948, inclusive,
and who has not subsequent to such voting committed
any act which, had he remained a citizen, would have
operated to expatriate him, may be naturalized by taking, prior to two years from the enactment of this Act
[June 27, 1952], before any naturalization court specified in subsection (a) of section 310 of the Immigration
and Nationality Act [section 1421(a) of this title], or before any diplomatic or consular officer of the United
States abroad, the oath required by section 337 of the
Immigration and Nationality Act [section 1448 of this
title]. Certified copies of such oath shall be sent by
such diplomatic or consular officer or such court to the
Department of State and to the Department of Justice.
Such person shall have, from and after naturalization
under this section, the same citizenship status as that
which existed immediately prior to its loss: Provided,
That no such person shall be eligible to take the oath
required by section 337 of the Immigration and Nationality Act [section 1448 of this title] unless he shall first
take an oath before any naturalization court specified
in subsection (a) of section 310 of the Immigration and
Nationality Act [section 1421(a) of this title], or before
any diplomatic or consular officer of the United States
abroad, that he has done nothing to promote the cause
of communism. The illegal or fraudulent procurement
of naturalization under this amendment shall be subject to cancellation in the same manner as provided in
section 340 of the Immigration and Nationality Act
[section 1451 of this title].’’
JAPANESE ELECTIONS; NATURALIZATION OF FORMER
CITIZENS WHO VOTED IN CERTAIN FORMER ELECTIONS
Act July 20, 1954, ch. 553, 68 Stat. 495, provided: ‘‘That
a person who has lost United States citizenship solely
by reason of having voted in any political election or
plebiscite held in Japan between September 2, 1945, and
April 27, 1952, inclusive, and who has not, subsequent to
such voting, committed any act which, had he remained a citizen, would have operated to expatriate
him, and is not otherwise disqualified from becoming a
citizen by reason of sections 313 or 314, or the third sentence of section 318 of the Immigration and Nationality
Act [sections 1424, 1425, 1429 of this title], may be naturalized by taking, prior to two years after the date of
the enactment of this Act [July 20, 1954], before any
naturalization court specified in subsection (a) of section 310 of the Immigration and Nationality Act [section 1421(a) of this title] or before any diplomatic or
consular officer of the United States abroad, the applicable oath prescribed by section 337 of such Act [section 1448 of this title]. Certified copies of such oath
shall be sent by such court or such diplomatic or consular officer to the Department of State and to the Department of Justice. Such oath of allegiance shall be
entered in the records of the appropriate naturalization
court, embassy, legation, or consulate, and upon demand, a certified copy of the proceedings, including a
copy of the oath administered, under the seal of the
naturalization court, embassy, legation or consulate,
shall be delivered to such person at a cost not exceeding $5, which certified copy shall be evidence of the
facts stated therein before any court of record or judicial tribunal and in any department or agency of the
Government of the United States. Any such person
shall have, from and after naturalization under this
Act, the same citizenship status as that which existed
immediately prior to its loss: Provided, That no such
person shall be eligible to take the oath prescribed by
section 337 of the Immigration and Nationality Act
[section 1448 of this title] unless he shall first take an
oath before any naturalization court specified in sub-

Page 441

TITLE 8—ALIENS AND NATIONALITY

section (a) of section 310 of the Immigration and Nationality Act [section 1421(a) of this title], or before
any diplomatic or consular officer of the United States
abroad, that he has done nothing to promote the cause
of communism. Naturalization procured under this Act
shall be subject to revocation as provided in section 340
of the Immigration and Nationality Act [section 1451 of
this title], and subsection (f) of that section [section
1451(f) of this title] shall apply to any person claiming
United States citizenship through the naturalization of
an individual under this Act.’’

§ 1436. Nationals but not citizens; residence within outlying possessions
A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of
any State, be naturalized upon compliance with
the applicable requirements of this subchapter,
except that in applications for naturalization
filed under the provisions of this section residence and physical presence within the United
States within the meaning of this subchapter
shall include residence and physical presence
within any of the outlying possessions of the
United States.
(June 27, 1952, ch. 477, title III, ch. 2, § 325, 66
Stat. 248; Pub. L. 101–649, title IV, § 407(c)(8),
Nov. 29, 1990, 104 Stat. 5041.)
AMENDMENTS
1990—Pub. L. 101–649 substituted ‘‘applications’’ for
‘‘petitions’’.

§ 1437. Resident Philippine citizens excepted
from certain requirements
Any person who (1) was a citizen of the Commonwealth of the Philippines on July 2, 1946, (2)
entered the United States prior to May 1, 1934,
and (3) has, since such entry, resided continuously in the United States shall be regarded as
having been lawfully admitted to the United
States for permanent residence for the purpose
of applying for naturalization under this subchapter.
(June 27, 1952, ch. 477, title III, ch. 2, § 326, 66
Stat. 248; Pub. L. 101–649, title IV, § 407(c)(9),
Nov. 29, 1990, 104 Stat. 5041.)
AMENDMENTS
1990—Pub. L. 101–649 substituted ‘‘applying’’ for ‘‘petitioning’’.

§ 1438. Former citizens losing citizenship by entering armed forces of foreign countries during World War II
(a) Requirements; oath; certified copies of oath
Any person who, (1) during World War II and
while a citizen of the United States, served in
the military, air, or naval forces of any country
at war with a country with which the United
States was at war after December 7, 1941, and before September 2, 1945, and (2) has lost United
States citizenship by reason of entering or serving in such forces, or taking an oath or obligation for the purpose of entering such forces,
may, upon compliance with all the provisions of
subchapter III of this chapter, except section
1427(a) of this title, and except as otherwise provided in subsection (b) of this section, be natu-

§ 1438

ralized by taking before the Attorney General or
before a court described in section 1421(b) of this
title the oath required by section 1448 of this
title. Certified copies of such oath shall be sent
by such court to the Department of State and to
the Department of Justice and by the Attorney
General to the Secretary of State.
(b) Exceptions
No person shall be naturalized under subsection (a) of this section unless he—
(1) is, and has been for a period of at least
five years immediately preceding taking the
oath required in subsection (a) of this section,
a person of good moral character, attached to
the principles of the Constitution of the
United States and well disposed to the good
order and happiness of the United States; and
(2) has been lawfully admitted to the United
States for permanent residence and intends to
reside permanently in the United States.
(c) Status
Any person naturalized in accordance with the
provisions of this section, or any person who was
naturalized in accordance with the provisions of
section 323 of the Nationality Act of 1940, shall
have, from and after such naturalization, the
status of a native-born, or naturalized, citizen of
the United States, whichever status existed in
the case of such person prior to the loss of citizenship: Provided, That nothing contained herein, or in any other provision of law, shall be construed as conferring United States citizenship
retroactively upon any such person during any
period in which such person was not a citizen.
(d) Span of World War II
For the purposes of this section, World War II
shall be deemed to have begun on September 1,
1939, and to have terminated on September 2,
1945.
(e) Inapplicability to certain persons
This section shall not apply to any person who
during World War II served in the armed forces
of a country while such country was at war with
the United States.
(June 27, 1952, ch. 477, title III, ch. 2, § 327, 66
Stat. 248; Pub. L. 101–649, title IV, § 407(d)(7),
Nov. 29, 1990, 104 Stat. 5042.)
REFERENCES IN TEXT
Section 323 of the Nationality Act of 1940, referred to
in subsec. (c), which was classified to section 723 of this
title, was repealed by section 403(a)(42) of act June 27,
1952. See subsec. (a) of this section.
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘the Attorney General or before a court described in section
1421(b) of this title’’ for ‘‘any naturalization court specified in section 1421(a) of this title’’ and inserted ‘‘and
by the Attorney General to the Secretary of State’’ before period at end.
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.

§ 1439

TITLE 8—ALIENS AND NATIONALITY

§ 1439. Naturalization through service in the
armed forces
(a) Requirements
A person who has served honorably at any
time in the armed forces of the United States
for a period or periods aggregating one year,
and, who, if separated from such service, was
never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the
date of filing such person’s application, in the
United States for at least five years, and in the
State or district of the Service in the United
States in which the application for naturalization is filed for at least three months, and without having been physically present in the United
States for any specified period, if such application is filed while the applicant is still in the
service or within six months after the termination of such service.
(b) Exceptions
A person filing an application under subsection (a) of this section shall comply in all
other respects with the requirements of this subchapter, except that—
(1) no residence within a State or district of
the Service in the United States shall be required;
(2) notwithstanding section 1429 of this title
insofar as it relates to deportability, such applicant may be naturalized immediately if the
applicant be then actually in the Armed
Forces of the United States, and if prior to the
filing of the application, the applicant shall
have appeared before and been examined by a
representative of the Service;
(3) the applicant shall furnish to the Secretary of Homeland Security, prior to any
hearing upon his application, a certified statement from the proper executive department
for each period of his service upon which he relies for the benefits of this section, clearly
showing that such service was honorable and
that no discharges from service, including periods of service not relied upon by him for the
benefits of this section, were other than honorable (the certificate or certificates herein
provided for shall be conclusive evidence of
such service and discharge); and
(4) notwithstanding any other provision of
law, no fee shall be charged or collected from
the applicant for filing the application, or for
the issuance of a certificate of naturalization
upon being granted citizenship, and no clerk of
any State court shall charge or collect any fee
for such services unless the laws of the State
require such charge to be made, in which case
nothing more than the portion of the fee required to be paid to the State shall be charged
or collected.
(c) Periods when not in service
In the case such applicant’s service was not
continuous, the applicant’s residence in the
United States and State or district of the Service in the United States, good moral character,
attachment to the principles of the Constitution
of the United States, and favorable disposition
toward the good order and happiness of the
United States, during any period within five

Page 442

years immediately preceding the date of filing
such application between the periods of applicant’s service in the Armed Forces, shall be alleged in the application filed under the provisions of subsection (a) of this section, and
proved at any hearing thereon. Such allegation
and proof shall also be made as to any period between the termination of applicant’s service and
the filing of the application for naturalization.
(d) Residence requirements
The applicant shall comply with the requirements of section 1427(a) of this title, if the termination of such service has been more than six
months preceding the date of filing the application for naturalization, except that such service
within five years immediately preceding the
date of filing such application shall be considered as residence and physical presence within
the United States.
(e) Moral character
Any such period or periods of service under
honorable conditions, and good moral character,
attachment to the principles of the Constitution
of the United States, and favorable disposition
toward the good order and happiness of the
United States, during such service, shall be
proved by duly authenticated copies of the
records of the executive departments having
custody of the records of such service, and such
authenticated copies of records shall be accepted
in lieu of compliance with the provisions of section 1427(a) of this title.
(f) Revocation
Citizenship granted pursuant to this section
may be revoked in accordance with section 1451
of this title if the person is separated from the
Armed Forces under other than honorable conditions before the person has served honorably for
a period or periods aggregating five years. Such
ground for revocation shall be in addition to any
other provided by law, including the grounds described in section 1451 of this title. The fact that
the naturalized person was separated from the
service under other than honorable conditions
shall be proved by a duly authenticated certification from the executive department under
which the person was serving at the time of separation. Any period or periods of service shall be
proved by duly authenticated copies of the
records of the executive departments having
custody of the records of such service.
(g) Processing and adjudication of applications
Not later than 6 months after receiving an application for naturalization filed by a current
member of the Armed Forces under subsection
(a), section 1440(a) of this title, or section 1440–1
of this title, by the spouse of such member under
section 1430(b) of this title, or by a surviving
spouse or child under section 1430(d) of this title,
United States Citizenship and Immigration
Services shall—
(1) process and adjudicate the application,
including completing all required background
checks to the satisfaction of the Secretary of
Homeland Security; or
(2) provide the applicant with—
(A) an explanation for its inability to meet
the processing and adjudication deadline
under this subsection; and

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TITLE 8—ALIENS AND NATIONALITY

(B) an estimate of the date by which the
application will be processed and adjudicated.
(h) Annual report
The Director of United States Citizenship and
Immigration Services shall submit an annual report to the Subcommittee on Immigration, Border Security, and Refugees and the Subcommittee on Homeland Security 1 of the Senate and
the Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International
Law and the Subcommittee 2 on Homeland Security of the House of Representatives that identifies every application filed under subsection (a),
subsection (b) or (d) of section 1430 of this title,
section 1440(a) of this title, or section 1440–1 of
this title that is not processed and adjudicated
within 1 year after it was filed due to delays in
conducting required background checks.
(June 27, 1952, ch. 477, title III, ch. 2, § 328, 66
Stat. 249; Pub. L. 90–633, § 5, Oct. 24, 1968, 82 Stat.
1344; Pub. L. 97–116, § 15(e), Dec. 29, 1981, 95 Stat.
1619; Pub. L. 101–649, title IV, § 407(b)(4), (c)(10),
(d)(8), Nov. 29, 1990, 104 Stat. 5040–5042; Pub. L.
102–232, title III, § 305(c), Dec. 12, 1991, 105 Stat.
1750; Pub. L. 108–136, div. A, title XVII, § 1701(a),
(b)(1), (c)(1)(A), (f), Nov. 24, 2003, 117 Stat. 1691,
1692; Pub. L. 110–382, § 3(a), Oct. 9, 2008, 122 Stat.
4088.)
AMENDMENT OF SECTION
For repeal of amendment by section 4 of Pub.
L. 110–382, see Termination Date of 2008 Amendment note below.
AMENDMENTS
2008—Subsecs. (g), (h). Pub. L. 110–382, §§ 3(a), 4, temporarily added subsecs. (g) and (h). See Termination
Date of 2008 Amendment note below.
2003—Subsec. (a). Pub. L. 108–136, § 1701(a), substituted
‘‘one year,’’ for ‘‘three years,’’.
Subsec. (b)(3). Pub. L. 108–136, § 1701(f), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’.
Pub. L. 108–136, § 1701(b)(1)(A), substituted ‘‘honorable
(the’’ for ‘‘honorable. The’’ and ‘‘discharge); and’’ for
‘‘discharge.’’
Subsec. (b)(4). Pub. L. 108–136, § 1701(b)(1)(B), added
par. (4).
Subsec. (f). Pub. L. 108–136, § 1701(c)(1)(A), added subsec. (f).
1991—Subsecs. (b), (c). Pub. L. 102–232 amended directory language of Pub. L. 101–649, § 407(d)(8). See 1990
Amendment notes below.
1990—Subsec. (a). Pub. L. 101–649, § 407(b)(4)(A), (c)(10),
substituted ‘‘State or district of the Service in the
United States’’ for ‘‘State’’, ‘‘for at least three
months’’ for ‘‘for at least six months’’, and references
to applicant and application for references to petitioner and petition wherever appearing.
Subsec. (b). Pub. L. 101–649, § 407(b)(4)(B), (c)(10),
(d)(8), as amended by Pub. L. 102–232, substituted ‘‘within a State or district of the Service in the United
States’’ for ‘‘within the jurisdiction of the court’’ in
par. (1), ‘‘any hearing’’ for ‘‘the final hearing’’ in par.
(3), and references to applicant and application for references to petitioner and petition wherever appearing.
Subsec. (c). Pub. L. 101–649, § 407(b)(4)(C), (c)(10), (d)(8),
as amended by Pub. L. 102–232, substituted ‘‘State or
district of the Service in the United States’’ for
1 So in original. Probably should be ‘‘Committee on Homeland
Security and Governmental Affairs’’.
2 So in original. Probably should be ‘‘Committee’’.

§ 1440

‘‘State’’, ‘‘any hearing’’ for ‘‘the final hearing’’, and
references to applicant’s and application for references
to petitioner’s and petition wherever appearing.
Subsec. (d). Pub. L. 101–649, § 407(c)(10), substituted
references to applicant and application for references
to petitioner and petition wherever appearing.
1981—Subsec. (b)(2). Pub. L. 97–116 struck out ‘‘and
section 1447(c) of this title’’ after ‘‘relates to deportability’’ and ‘‘and the witnesses’’ after ‘‘petition, the
petitioner’’.
1968—Subsec. (b)(2). Pub. L. 90–633 inserted reference
to section 1429 of this title as it relates to deportability.
CHANGE OF NAME
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of Committee on the Judiciary of the House of Representatives changed to Subcommittee on Immigration Policy
and Enforcement of Committee on the Judiciary of the
House of Representatives under Rule V(b) of the Committee’s rules of procedure adopted Jan. 19, 2011.
TERMINATION DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–382 repealed 5 years after
Oct. 9, 2008, see section 4 of Pub. L. 110–382, set out as
a note under section 271 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–136, div. A, title XVII, § 1701(c)(2), Nov. 24,
2003, 117 Stat. 1692, provided that: ‘‘The amendments
made by paragraph (1) [amending this section and section 1440 of this title] shall apply to citizenship granted
on or after the date of the enactment of this Act [Nov.
24, 2003].’’
Pub. L. 108–136, div. A, title XVII, § 1705, Nov. 24, 2003,
117 Stat. 1696, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), this title [enacting section 1443a of this title,
amending this section and sections 1430, 1440 and 1440–1
of this title, and enacting provisions set out as notes
under this section and sections 1151, 1430, and 1443a of
this title] and the amendments made by this title shall
take effect as if enacted on September 11, 2001.
‘‘(b) EXCEPTION.—The amendments made by sections
1701(b) (relating to naturalization fees) [amending this
section and section 1440 of this title] and 1701(d) (relating to naturalization proceedings overseas) [enacting
section 1443a of this title] shall take effect on October
1, 2004.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.

§ 1440. Naturalization through active-duty service in the Armed Forces during World War I,
World War II, Korean hostilities, Vietnam
hostilities, or other periods of military hostilities
(a) Requirements
Any person who, while an alien or a noncitizen
national of the United States, has served honor-

§ 1440

TITLE 8—ALIENS AND NATIONALITY

ably as a member of the Selected Reserve of the
Ready Reserve or in an active-duty status in the
military, air, or naval forces of the United
States during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning
June 25, 1950, and ending July 1, 1955, or during
a period beginning February 28, 1961, and ending
on a date designated by the President by Executive order as of the date of termination of the
Vietnam hostilities, or thereafter during any
other period which the President by Executive
order shall designate as a period in which Armed
Forces of the United States are or were engaged
in military operations involving armed conflict
with a hostile foreign force, and who, if separated from such service, was separated under
honorable conditions, may be naturalized as provided in this section if (1) at the time of enlistment, reenlistment, extension of enlistment, or
induction such person shall have been in the
United States, the Canal Zone, American
Samoa, or Swains Island, or on board a public
vessel owned or operated by the United States
for noncommercial service, whether or not he
has been lawfully admitted to the United States
for permanent residence, or (2) at any time subsequent to enlistment or induction such person
shall have been lawfully admitted to the United
States for permanent residence. The executive
department under which such person served
shall determine whether persons have served
honorably in an active-duty status, and whether
separation from such service was under honorable conditions: Provided, however, That no person who is or has been separated from such service on account of alienage, or who was a conscientious objector who performed no military,
air, or naval duty whatever or refused to wear
the uniform, shall be regarded as having served
honorably or having been separated under honorable conditions for the purposes of this section. No period of service in the Armed Forces
shall be made the basis of an application for naturalization under this section if the applicant
has previously been naturalized on the basis of
the same period of service.
(b) Exceptions
A person filing an application under subsection (a) of this section shall comply in all
other respects with the requirements of this subchapter, except that—
(1) he may be naturalized regardless of age,
and notwithstanding the provisions of section
1429 of this title as they relate to deportability
and the provisions of section 1442 of this title;
(2) no period of residence or specified period
of physical presence within the United States
or any State or district of the Service in the
United States shall be required;
(3) service in the military, air or naval
forces of the United States shall be proved by
a duly authenticated certification from the executive department under which the applicant
served or is serving, which shall state whether
the applicant served honorably in an activeduty status during either World War I or during a period beginning September 1, 1939, and
ending December 31, 1946, or during a period
beginning June 25, 1950, and ending July 1,

Page 444

1955, or during a period beginning February 28,
1961, and ending on a date designated by the
President by Executive order as the date of
termination of the Vietnam hostilities, or
thereafter during any other period which the
President by Executive order shall designate
as a period in which Armed Forces of the
United States are or were engaged in military
operations involving armed conflict with a
hostile foreign force, and was separated from
such service under honorable conditions; and
(4) notwithstanding any other provision of
law, no fee shall be charged or collected from
the applicant for filing a petition for naturalization or for the issuance of a certificate of
naturalization upon citizenship being granted
to the applicant, and no clerk of any State
court shall charge or collect any fee for such
services unless the laws of the State require
such charge to be made, in which case nothing
more than the portion of the fee required to be
paid to the State shall be charged or collected.
(c) Revocation
Citizenship granted pursuant to this section
may be revoked in accordance with section 1451
of this title if the person is separated from the
Armed Forces under other than honorable conditions before the person has served honorably for
a period or periods aggregating five years. Such
ground for revocation shall be in addition to any
other provided by law, including the grounds described in section 1451 of this title. The fact that
the naturalized person was separated from the
service under other than honorable conditions
shall be proved by a duly authenticated certification from the executive department under
which the person was serving at the time of separation. Any period or periods of service shall be
proved by duly authenticated copies of the
records of the executive departments having
custody of the records of such service.
(June 27, 1952, ch. 477, title III, ch. 2, § 329, 66
Stat. 250; Pub. L. 87–301, § 8, Sept. 26, 1961, 75
Stat. 654; Pub. L. 90–633, §§ 1, 2, 6, Oct. 24, 1968, 82
Stat. 1343, 1344; Pub. L. 97–116, § 15(a), Dec. 29,
1981, 95 Stat. 1619; Pub. L. 100–525, § 9(y), Oct. 24,
1988, 102 Stat. 2621; Pub. L. 101–649, title IV,
§ 407(b)(5), (c)(11), Nov. 29, 1990, 104 Stat. 5040,
5041; Pub. L. 102–232, title III, § 305(b), Dec. 12,
1991, 105 Stat. 1749; Pub. L. 105–85, div. A, title X,
§ 1080(a), Nov. 18, 1997, 111 Stat. 1916; Pub. L.
108–136, div. A, title XVII, §§ 1701(b)(2), (c)(1)(B),
1702, Nov. 24, 2003, 117 Stat. 1691–1693.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec.
(a), see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–136, § 1702, inserted ‘‘as a
member of the Selected Reserve of the Ready Reserve
or’’ after ‘‘has served honorably’’ in first sentence.
Subsec. (b). Pub. L. 108–136, § 1701(b)(2), added par. (4).
Subsec. (c). Pub. L. 108–136, § 1701(c)(1)(B), amended
text generally. Prior to amendment, text read as follows: ‘‘Citizenship granted pursuant to this section
may be revoked in accordance with section 1451 of this
title if at any time subsequent to naturalization the
person is separated from the military, air, or naval
forces under other than honorable conditions, and such

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TITLE 8—ALIENS AND NATIONALITY

ground for revocation shall be in addition to any other
provided by law. The fact that the naturalized person
was separated from the service under other than honorable conditions shall be proved by a duly authenticated
certification from the executive department under
which the person was serving at the time of separation.’’
1997—Subsec.
(a)(1).
Pub.
L.
105–85
inserted
‘‘, reenlistment, extension of enlistment,’’ after ‘‘at the
time of enlistment’’ and ‘‘or on board a public vessel
owned or operated by the United States for noncommercial service,’’ after ‘‘Swains Island,’’.
1991—Subsecs. (a), (b). Pub. L. 102–232 made technical
correction to directory language of Pub. L. 101–649,
§ 407(c)(11). See 1990 Amendment note below.
1990—Subsec. (a). Pub. L. 101–649, § 407(c)(11), as
amended by Pub. L. 102–232, substituted ‘‘an application’’ for ‘‘a petition’’.
Subsec. (b). Pub. L. 101–649, § 407(c)(11), as amended by
Pub. L. 102–232, substituted references to applicant and
application for references to petitioner and petition
wherever appearing.
Subsec. (b)(2). Pub. L. 101–649, § 407(b)(5)(A), substituted ‘‘State or district of the Service in the United
States’’ for ‘‘State’’ and inserted ‘‘and’’ at end.
Subsec. (b)(3), (4). Pub. L. 101–649, § 407(b)(5)(B), (C),
redesignated par. (4) as (3) and struck out former par.
(3) which authorized filing of petition in any court having naturalization jurisdiction.
1988—Subsec. (d). Pub. L. 100–525 struck out subsec.
(d) which read as follows: ‘‘The eligibility for naturalization of any person who filed a petition for naturalization prior to January 1, 1947, under section 701 of
the Nationality Act of 1940, as amended (56 Stat. 182, 58
Stat. 886, 59 Stat. 658), and which is still pending on the
effective date of this chapter, shall be determined in
accordance with the provisions of this section.’’
1981—Subsec. (b)(5). Pub. L. 97–116 struck out par. (5)
which provided that, notwithstanding section 1447(c) of
this title, the petitioner may be naturalized immediately if prior to the filing of the petition the petitioner and the witnesses have appeared before and been
examined by a representative of the Service.
1968—Subsec. (a). Pub. L. 90–633, § 1, added the Vietnam hostilities and any subsequent period of military
operations involving armed conflict with a hostile foreign force as periods during which a person may be naturalized through service in active duty status.
Subsec. (b)(1). Pub. L. 90–633, § 6, inserted reference to
provisions of section 1429 of this title as they relate to
deportability.
Subsec. (b)(4). Pub. L. 90–633, § 2, inserted reference to
the period of the Vietnam hostilities and to any other
subsequent period which the President by Executive
order designates as a period in which the Armed Forces
of the United States were engaged in military operations involving armed conflict with a hostile foreign
force.
1961—Subsecs. (a), (b)(4). Pub. L. 87–301 inserted ‘‘or
during a period beginning June 25, 1950, and ending July
1, 1955’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by section 1701(c)(1)(B) of Pub. L. 108–136
applicable to citizenship granted on or after Nov. 24,
2003, see section 1701(c)(2) of Pub. L. 108–136, set out as
a note under section 1439 of this title.
Amendment by section 1701(b)(2) of Pub. L. 108–136 effective Oct. 1, 2004, and amendments by sections
1701(c)(1)(B) and 1702 of Pub. L. 108–136 effective as if enacted Sept. 11, 2001, see section 1705 of Pub. L. 108–136,
set out as a note under section 1439 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1080(b) of Pub. L. 105–85 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply with respect to enlistments, reenlistments, extensions of enlistment, and inductions
of persons occurring on or after the date of the enactment of this Act [Nov. 18, 1997].’’

§ 1440

EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.
NATURALIZATION OF NATIVES OF PHILIPPINES THROUGH
CERTAIN ACTIVE-DUTY SERVICE DURING WORLD WAR II
Pub. L. 102–395, title I, § 113, Oct. 6, 1992, 106 Stat. 1844,
which provided that, notwithstanding any other provision of law, effective 120 days after Oct. 6, 1992, and applicable to natives of the Philippines who applied for
naturalization under section 405 of Pub. L. 101–649, set
out below, and who applied within 2 years after such effective date, the naturalization of natives of the Philippines who apply for naturalization under section 405
of Pub. L. 101–649 was to be conducted in Philippines as
well as in United States by employees of Immigration
and Naturalization Service designated pursuant to section 1446(b) of this title, and required Attorney General
to prescribe necessary implementing regulations and
maintain permanent records of the oaths of allegiance
taken in accordance with these provisions, was repealed by Pub. L. 105–119, title I, § 112(c), Nov. 26, 1997,
111 Stat. 2460.
Pub. L. 101–649, title IV, § 405, Nov. 29, 1990, 104 Stat.
5039, as amended by Pub. L. 103–416, title I, § 104(d), Oct.
25, 1994, 108 Stat. 4308; Pub. L. 105–119, title I, § 112(b),
Nov. 26, 1997, 111 Stat. 2459, provided that section
1440(a)(1) and (2) of this title did not apply to the naturalization of certain persons born in the Philippines
who served honorably in an active duty status during
the World War II occupation and liberation of the Philippines within the Philippine Army or within a recognized guerilla unit or who served within the Philippine
Scouts or within any other component of the United
States Armed Forces in the Far East at any time during the period beginning September 1, 1939, and ending
December 31, 1946, who were otherwise eligible for naturalization under section 1440, and who applied for naturalization during the 2-year period beginning on Nov.
29, 1990.
NATURALIZATION OF ALIENS ENLISTED IN REGULAR
ARMY
Act June 30, 1950, ch. 443, § 4, 64 Stat. 316, as amended
June 27, 1952, ch. 477, title IV, § 402(e), 66 Stat. 276, provided that: ‘‘Notwithstanding the dates or periods of
service specified and designated in section 329 of the
Immigration and Nationality Act [this section], the
provisions of that section are applicable to aliens enlisted or reenlisted pursuant to the provisions of this
Act and who have completed five or more years of military service, if honorably discharged therefrom. Any
alien enlisted or reenlisted pursuant to the provisions
of this Act who subsequently enters the United States,
American Samoa, Swains Island, or the Canal Zone,
pursuant to military orders shall, if otherwise qualified
for citizenship, and after completion of five or more
years of military service, if honorably discharged
therefrom, be deemed to have been lawfully admitted
to the United States for permanent residence within
the meaning of such section 329(a) [subsection (a) of
this section].’’

§ 1440–1

TITLE 8—ALIENS AND NATIONALITY

EX. ORD. NO. 12081. TERMINATION OF EXPEDITIOUS
NATURALIZATION BASED ON MILITARY SERVICE
Ex. Ord. No. 12081, Sept. 18, 1978, 43 F.R. 42237, provided:
By the authority vested in me as President of the
United States of America by Section 329 of the Immigration and Nationality Act, as amended by Sections 1
and 2 of the Act of October 24, 1968 (82 Stat. 1343; 8
U.S.C. 1440), and by the authority of Section 3 of that
Act of October 24, 1968 (82 Stat. 1344; 8 U.S.C. 1440e), it
is hereby ordered that the statutory period of Vietnam
hostilities which began on February 28, 1961, shall be
deemed to have terminated on October 15, 1978, for the
purpose of ending the period in which active-duty service in the Armed Forces qualifies for certain exemptions from the usual requirements for naturalization,
including length of residence and fees.
JIMMY CARTER.
EXECUTIVE ORDER NO. 12582
Ex. Ord. No. 12582, Feb. 2, 1987, 52 F.R. 3395, which provided for expedited naturalization for aliens and noncitizens who served in the Armed Forces in the Grenada
campaign by making them eligible in accordance with
statutory exceptions in section 1440(b) of this title, was
revoked, effective Feb. 2, 1987, by Ex. Ord. No. 12913,
May 2, 1994, 59 F.R. 23115, such revocation not intended
to affect status of anyone who was naturalized pursuant to terms of that order prior to the date of publication of Ex. Ord. No. 12582 in the Federal Register (May
4, 1994).
EX. ORD. NO. 12939. EXPEDITED NATURALIZATION OF
ALIENS AND NONCITIZEN NATIONALS WHO SERVED IN
ACTIVE-DUTY STATUS DURING PERSIAN GULF CONFLICT
Ex. Ord. No. 12939, Nov. 22, 1994, 59 F.R. 61231, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 1440 of title 8, United States
Code, and in order to provide expedited naturalization
for aliens and noncitizen nationals who served in an active-duty status in the Armed Forces of the United
States during the period of the Persian Gulf Conflict, it
is hereby ordered as follows:
For the purpose of determining qualification for the
exception from the usual requirements for naturalization, the period of Persian Gulf Conflict military operations in which the Armed Forces of the United States
were engaged in armed conflict with a hostile force
commenced on August 2, 1990, and terminated on April
11, 1991. Those persons serving honorably in active-duty
status in the Armed Forces of the United States during
this period are eligible for naturalization in accordance
with the statutory exception to the naturalization requirements, as provided in section 1440(b) of title 8,
United States Code.
WILLIAM J. CLINTON.
EX. ORD. NO. 13269. EXPEDITED NATURALIZATION OF
ALIENS AND NONCITIZEN NATIONALS SERVING IN AN ACTIVE-DUTY STATUS DURING THE WAR ON TERRORISM
Ex. Ord. No. 13269, July 3, 2002, 67 F.R. 45287, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440) (the ‘‘Act’’), and solely
in order to provide expedited naturalization for aliens
and noncitizen nationals serving in an active-duty
status in the Armed Forces of the United States during
the period of the war against terrorists of global reach,
it is hereby ordered as follows:
For the purpose of determining qualification for the
exception from the usual requirements for naturalization, I designate as a period in which the Armed Forces
of the United States were engaged in armed conflict
with a hostile foreign force the period beginning on
September 11, 2001. Such period will be deemed to ter-

Page 446

minate on a date designated by future Executive Order.
Those persons serving honorably in active-duty status
in the Armed Forces of the United States, during the
period beginning on September 11, 2001, and terminating on the date to be so designated, are eligible for naturalization in accordance with the statutory exception
to the naturalization requirements, as provided in section 329 of the Act. Nothing contained in this order is
intended to affect, nor does it affect, any other power,
right, or obligation of the United States, its agencies,
officers, employees, or any other person under Federal
law or the law of nations.
GEORGE W. BUSH.

§ 1440–1. Posthumous citizenship through death
while on active-duty service in armed forces
during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in
other periods of military hostilities
(a) Permitting granting of posthumous citizenship
Notwithstanding any other provision of this
subchapter, the Secretary of Homeland Security
shall provide, in accordance with this section,
for the granting of posthumous citizenship at
the time of death to a person described in subsection (b) of this section if the Secretary of
Homeland Security approves an application for
that posthumous citizenship under subsection
(c) of this section.
(b) Noncitizens eligible for posthumous citizenship
A person referred to in subsection (a) of this
section is a person who, while an alien or a noncitizen national of the United States—
(1) served honorably in an active-duty status
in the military, air, or naval forces of the
United States during any period described in
the first sentence of section 1440(a) of this
title,
(2) died as a result of injury or disease incurred in or aggravated by that service, and
(3) satisfied the requirements of clause (1) or
(2) of the first sentence of section 1440(a) of
this title.
The executive department under which the person so served shall determine whether the person satisfied the requirements of paragraphs (1)
and (2).
(c) Requests for posthumous citizenship
(1) In general
A request for the granting of posthumous
citizenship to a person described in subsection
(b) of this section may be filed on behalf of
that person—
(A) upon locating the next-of-kin, and if so
requested by the next-of-kin, by the Secretary of Defense or the Secretary’s designee
with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security immediately upon the death of
that person; or
(B) by the next-of-kin.
(2) Approval
The Director of the Bureau of Citizenship
and Immigration Services shall approve a request for posthumous citizenship filed by the
next-of-kin in accordance with paragraph
(1)(B) if—

Page 447

TITLE 8—ALIENS AND NATIONALITY

(A) the request is filed not later than 2
years after—
(i) November 24, 2003; or
(ii) the date of the person’s death;
whichever date is later;
(B) the request is accompanied by a duly
authenticated certificate from the executive
department under which the person served
which states that the person satisfied the requirements of paragraphs (1) and (2) of subsection (b) of this section; and
(C) the Director finds that the person satisfied the requirement of subsection (b)(3) of
this section.
(d) Documentation of posthumous citizenship
If the Director of the Bureau of Citizenship
and Immigration Services approves the request
referred to in subsection (c) of this section, the
Director shall send to the next-of-kin of the person who is granted citizenship, a suitable document which states that the United States considers the person to have been a citizen of the
United States at the time of the person’s death.
(June 27, 1952, ch. 477, title III, ch. 2, § 329A, as
added Pub. L. 101–249, § 2(a), Mar. 6, 1990, 104
Stat. 94; Pub. L. 107–273, div. C, title I, § 11030(b),
Nov. 2, 2002, 116 Stat. 1836; Pub. L. 108–136, div. A,
title XVII, §§ 1703(g), 1704, Nov. 24, 2003, 117 Stat.
1695, 1696.)
CODIFICATION
November 24, 2003, referred to in subsec. (c)(2)(A)(i),
was in the original ‘‘the date of enactment of this section’’, which was translated as meaning the date of enactment of Pub. L. 108–136, which enacted subsec. (c) of
this section, to reflect the probable intent of Congress.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–136, § 1703(g)(2), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ in two places.
Subsec. (c). Pub. L. 108–136, § 1704(1), added heading
and text of subsec. (c) and struck out former subsec. (c)
which related to procedures for approval by the Attorney General of a request for the granting of posthumous citizenship.
Subsec. (d). Pub. L. 108–136, § 1704(2), added heading
and text of subsec. (d) and struck out former subsec. (d)
which read as follows: ‘‘If the Attorney General approves such a request to grant a person posthumous
citizenship, the Attorney General shall send to the individual who filed the request a suitable document
which states that the United States considers the person to have been a citizen of the United States at the
time of the person’s death.’’
Subsec. (e). Pub. L. 108–136, § 1703(g)(1), struck out
heading and text of subsec. (e). Text read as follows:
‘‘Nothing in this section or section 1430(d) of this title
shall be construed as providing for any benefits under
this chapter for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under
this section.’’
2002—Subsec. (c)(1)(A). Pub. L. 107–273 substituted
‘‘November 2, 2002,’’ for ‘‘March 6, 1990,’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–136 effective as if enacted
Sept. 11, 2001, see section 1705 of Pub. L. 108–136, set out
in a note under section 1439 of this title.

§§ 1440a to 1440d. Omitted
CODIFICATION
Sections, act June 30, 1953, ch. 162, §§ 1–4, 67 Stat.
108–110, which authorized naturalization of persons who

§ 1440f

served in the Armed Forces after June 29, 1950, and not
later than July 1, 1955, were omitted as obsolete, since
the provisions of section 1 of act June 30, 1953, required
the petition for naturalization to be filed not later than
December 31, 1955. See sections 1440 and 1440e of this
title.

§ 1440e. Exemption from naturalization fees for
aliens naturalized through service during
Vietnam hostilities or other subsequent period of military hostilities; report by clerks
of courts to Attorney General
Notwithstanding any other provision of law,
no clerk of a United States court shall charge or
collect a naturalization fee from an alien who
has served in the military, air, or naval forces of
the United States during a period beginning
February 28, 1961, and ending on the date designated by the President by Executive order as
the date of termination of the Vietnam hostilities, or thereafter during any other period
which the President by Executive order shall
designate as a period in which Armed Forces of
the United States are or were engaged in military operations involving armed conflict with a
hostile foreign force, and who is applying for
naturalization during such periods under section
329 of the Immigration and Nationality Act, as
amended by this Act [8 U.S.C. 1440], for filing a
petition for naturalization or issuing a certificate of naturalization upon his admission to
citizenship, and no clerk of any State court
shall charge or collect any fee for such services
unless the laws of the State require such charge
to be made, in which case nothing more than the
portion of the fee required to be paid to the
State shall be charged or collected. A report of
all transactions under this section shall be made
to the Attorney General as in the case of other
reports required of clerks of courts by title III of
the Immigration and Nationality Act [8 U.S.C.
1401 et seq.].
(Pub. L. 90–633, § 3, Oct. 24, 1968, 82 Stat. 1344.)
REFERENCES IN TEXT
The Immigration and Nationality Act, referred to in
text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Title III of the Act is classified principally to subchapter III (§ 1401 et seq.) of 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 part of the Immigration
and Nationality Act which comprises this chapter.
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.

§ 1440f. Fingerprints and other biometric information for members of the United States
Armed Forces
(a) In general
Notwithstanding any other provision of law,
including section 552a of title 5 (commonly referred to as the ‘‘Privacy Act of 1974’’), the Secretary of Homeland Security shall use the fingerprints provided by an individual at the time

§ 1440g

TITLE 8—ALIENS AND NATIONALITY

the individual enlisted in the United States
Armed Forces, or at the time the individual
filed an application for adjustment of status, to
satisfy any requirement for background and security checks in connection with an application
for naturalization if—
(1) the individual may be naturalized pursuant to section 1439 or 1440 of this title;
(2) the individual was fingerprinted and provided other biometric information in accordance with the requirements of the Department
of Defense at the time the individual enlisted
in the United States Armed Forces;
(3) the individual—
(A) submitted an application for naturalization not later than 24 months after the
date on which the individual enlisted in the
United States Armed Forces; or
(B) provided the required biometric information to the Department of Homeland Security through a United States Citizenship
and Immigration Services Application Support Center at the time of the individual’s
application for adjustment of status if filed
not later than 24 months after the date on
which the individual enlisted in the United
States Armed Forces; and
(4) the Secretary of Homeland Security determines that the biometric information provided, including fingerprints, is sufficient to
conduct the required background and security
checks needed for the applicant’s naturalization application.
(b) More timely and effective adjudication
Nothing in this section precludes an individual
described in subsection (a) from submitting a
new set of biometric information, including fingerprints, to the Secretary of Homeland Security with an application for naturalization. If
the Secretary determines that submitting a new
set of biometric information, including fingerprints, would result in more timely and effective
adjudication of the individual’s naturalization
application, the Secretary shall—
(1) inform the individual of such determination; and
(2) provide the individual with a description
of how to submit such biometric information,
including fingerprints.
(c) Cooperation
The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall
determine the format of biometric information,
including fingerprints, acceptable for usage
under subsection (a). The Secretary of Defense,
or any other official having custody of the biometric information, including fingerprints, referred to in subsection (a), shall—
(1) make such prints available, without
charge, to the Secretary of Homeland Security
for the purpose described in subsection (a); and
(2) otherwise cooperate with the Secretary
of Homeland Security to facilitate the processing of applications for naturalization under
subsection (a).
(d) Electronic transmission
Not later than one year after June 26, 2008, the
Secretary of Homeland Security shall, in coordination with the Secretary of Defense and the Di-

Page 448

rector of the Federal Bureau of Investigation,
implement procedures that will ensure the rapid
electronic transmission of biometric information, including fingerprints, from existing repositories of such information needed for military personnel applying for naturalization as described in subsection (a) and that will safeguard
privacy and civil liberties.
(e) Centralization and expedited processing
(1) Centralization
The Secretary of Homeland Security shall
centralize the data processing of all applications for naturalization filed by members of
the United States Armed Forces on active
duty serving abroad.
(2) Expedited processing
The Secretary of Homeland Security, the Director of the Federal Bureau of Investigation,
and the Director of National Intelligence shall
take appropriate actions to ensure that applications for naturalization by members of the
United States Armed Forces described in paragraph (1), and associated background checks,
receive expedited processing and are adjudicated within 180 days of the receipt of responses to all background checks.
(Pub. L. 110–251, § 2, June 26, 2008, 122 Stat. 2319.)
CODIFICATION
Section was enacted as part of the Kendell Frederick
Citizenship Assistance Act, and not as part of the Immigration and Nationality Act which comprises this
chapter.

§ 1440g. Provision of information on military naturalization
(a) In general
Not later than 30 days after the effective date
of any modification to a regulation related to
naturalization under section 1439 or 1440 of this
title, the Secretary of Homeland Security shall
make appropriate updates to the Internet sites
maintained by the Secretary to reflect such
modification.
(b) Sense of Congress
It is the sense of Congress that the Secretary
of Homeland Security, not later than 180 days
after each effective date described in subsection
(a), should make necessary updates to the appropriate application forms of the Department of
Homeland Security.
(Pub. L. 110–251, § 3, June 26, 2008, 122 Stat. 2320.)
CODIFICATION
Section was enacted as part of the Kendell Frederick
Citizenship Assistance Act, and not as part of the Immigration and Nationality Act which comprises this
chapter.

§ 1441. Constructive residence through service on
certain United States vessels
Any periods of time during all of which a person who was previously lawfully admitted for
permanent residence has served honorably or
with good conduct, in any capacity other than
as a member of the Armed Forces of the United
States, (A) on board a vessel operated by the
United States, or an agency thereof, the full

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TITLE 8—ALIENS AND NATIONALITY

legal and equitable title to which is in the
United States; or (B) on board a vessel whose
home port is in the United States, and (i) which
is registered under the laws of the United
States, or (ii) the full legal and equitable title to
which is in a citizen of the United States, or a
corporation organized under the laws of any of
the several States of the United States, shall be
deemed residence and physical presence within
the United States within the meaning of section
1427(a) of this title, if such service occurred
within five years immediately preceding the
date such person shall file an application for
naturalization. Service on vessels described in
clause (A) of this section shall be proved by duly
authenticated copies of the records of the executive departments or agency having custody of
the records of such service. Service on vessels
described in clause (B) of this section may be
proved by certificates from the masters of such
vessels.
(June 27, 1952, ch. 477, title III, ch. 2, § 330, 66
Stat. 251; Pub. L. 100–525, § 9(z), Oct. 24, 1988, 102
Stat. 2621; Pub. L. 101–649, title IV, § 407(c)(12),
Nov. 29, 1990, 104 Stat. 5041; Pub. L. 102–232, title
III, § 305(m)(5), Dec. 12, 1991, 105 Stat. 1750.)
AMENDMENTS
1991—Pub. L. 102–232 substituted ‘‘of this section’’ for
‘‘of this subsection’’ in two places.
1990—Pub. L. 101–649 substituted ‘‘an application’’ for
‘‘a petition’’.
1988—Pub. L. 100–525 designated provisions of former
par. (1) of subsec. (a) as entire section, and struck out
former pars. (2) and (3) and subsec. (b) which read as
follows:
‘‘(2) For the purposes of this subsection, any periods
of time prior to September 23, 1950, during all of which
any person had served honorably or with good conduct
for an aggregate period of five years on any vessel described in section 325(a) of the Nationality Act of 1940
prior to its amendment by the Act of September 23,
1950, shall be deemed residence and physical presence
within the United States within the meaning of section
1427(a) of this title, if such petition is filed within one
year from the effective date of this chapter. Notwithstanding the provisions of section 1429 of this title, a
person entitled to claim the exemptions contained in
this paragraph shall not be required to establish a lawful admission for permanent residence.
‘‘(3) For the purposes of this subsection, any periods
of time prior to September 23, 1950, during all of which
any person not within the provisions of paragraph (2) of
this subsection had, prior to September 23, 1950, served
honorably or with good conduct on any vessel described
in section 325(a) of the Nationality Act of 1940 prior to
its amendment by the Act of September 23, 1950, and
was so serving on September 23, 1950, shall be deemed
residence and physical presence within the United
States within the meaning of section 1427(a) of this
title, if such person at any time prior to filing his petition for naturalization shall have been lawfully admitted to the United States for permanent residence, and
if such petition is filed on or before September 23, 1955.
‘‘(b) Any person who was excepted from certain requirements of the naturalization laws under section 325
of the Nationality Act of 1940 prior to its amendment
by the Act of September 23, 1950, and had filed a petition for naturalization under section 325 of the Nationality Act of 1940, may, if such petition was pending on
September 23, 1950, and is still pending on the effective
date of this chapter, be naturalized upon compliance
with the applicable provisions of the naturalization
laws in effect upon the date such petition was filed:
Provided, That any such person shall be subject to the
provisions of section 1424 of this title and to those pro-

§ 1442

visions of section 1429 of this title which relate to the
prohibition against the naturalization of a person
against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under
the provisions of this chapter or any other Act, or
which relate to the prohibition against the final hearing on a petition for naturalization if there is pending
against the petitioner a deportation proceeding pursuant to a warrant of arrest issued under the provisions
of this chapter or any other Act.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Section 305(m) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 407(d) of the Immigration Act of 1990,
Pub. L. 101–649.

§ 1442. Alien enemies
(a) Naturalization under specified conditions
An alien who is a native, citizen, subject, or
denizen of any country, state, or sovereignty
with which the United States is at war may,
after his loyalty has been fully established upon
investigation by the Attorney General, be naturalized as a citizen of the United States if such
alien’s application for naturalization shall be
pending at the beginning of the state of war and
the applicant is otherwise entitled to admission
to citizenship.
(b) Procedure
An alien embraced within this section shall
not have his application for naturalization considered or heard except after 90 days’ notice to
the Attorney General to be considered at the examination or hearing, and the Attorney General’s objection to such consideration shall
cause the application to be continued from time
to time for so long as the Attorney General may
require.
(c) Exceptions from classification
The Attorney General may, in his discretion,
upon investigation fully establishing the loyalty
of any alien enemy who did not have an application for naturalization pending at the beginning
of the state of war, except such alien enemy
from the classification of alien enemy for the
purposes of this subchapter, and thereupon such
alien shall have the privilege of filing an application for naturalization.
(d) Effect of cessation of hostilities
An alien who is a native, citizen, subject, or
denizen of any country, state, or sovereignty
with which the United States is at war shall
cease to be an alien enemy within the meaning
of this section upon the determination by proclamation of the President, or by concurrent resolution of the Congress, that hostilities between
the United States and such country, state, or
sovereignty have ended.
(e) Apprehension and removal
Nothing contained herein shall be taken or
construed to interfere with or prevent the apprehension and removal, consistent with law, of
any alien enemy at any time prior to the actual
naturalization of such alien.
(June 27, 1952, ch. 477, title III, ch. 2, § 331, 66
Stat. 252; Pub. L. 101–649, title IV, § 407(c)(13),
(d)(9), (e)(2), Nov. 29, 1990, 104 Stat. 5041, 5042,
5046.)

TITLE 8—ALIENS AND NATIONALITY

§ 1443

AMENDMENTS
1990—Subsec. (a). Pub. L. 101–649, § 407(c)(13), substituted references to applicant and application for references to petitioner and petition wherever appearing.
Subsec. (b). Pub. L. 101–649, § 407(d)(9), substituted
‘‘considered or heard except after 90 days’ notice to the
Attorney General to be considered at the examination
or hearing, and the Attorney General’s objection to
such consideration shall cause the application to be
continued’’ for ‘‘called for a hearing, or heard, except
after ninety days’ notice given by the clerk of the court
to the Attorney General to be represented at the hearing, and the Attorney General’s objection to such final
hearing shall cause the petition to be continued’’.
Pub. L. 101–649, § 407(c)(13), substituted ‘‘application’’
for ‘‘petition’’ after ‘‘have his’’.
Subsec. (c). Pub. L. 101–649, § 407(c)(13), substituted
‘‘an application’’ for ‘‘a petition’’ wherever appearing.
Subsec. (d). Pub. L. 101–649, § 407(e)(2), struck out at
end ‘‘Notwithstanding the provisions of section 405(b)
of this Act, this subsection shall also apply to the case
of any such alien whose petition for naturalization was
filed prior to the effective date of this chapter and
which is still pending on that date.’’
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.

§ 1443. Administration
(a) Rules and regulations governing examination
of applicants
The Attorney General shall make such rules
and regulations as may be necessary to carry
into effect the provisions of this part and is authorized to prescribe the scope and nature of the
examination of applicants for naturalization as
to their admissibility to citizenship. Such examination shall be limited to inquiry concerning
the applicant’s residence, physical presence in
the United States, good moral character, understanding of and attachment to the fundamental
principles of the Constitution of the United
States, ability to read, write, and speak English,
and other qualifications to become a naturalized
citizen as required by law, and shall be uniform
throughout the United States.
(b) Instruction in citizenship
The Attorney General is authorized to promote instruction and training in citizenship responsibilities of applicants for naturalization including the sending of names of candidates for
naturalization to the public schools, preparing
and distributing citizenship textbooks to such
candidates as are receiving instruction in preparation for citizenship within or under the supervision of the public schools, preparing and distributing monthly an immigration and naturalization bulletin and securing the aid of and
cooperating with official State and national organizations, including those concerned with vocational education.
(c) Prescription of forms
The Attorney General shall prescribe and furnish such forms as may be required to give effect to the provisions of this part, and only such
forms as may be so provided shall be legal. All
certificates of naturalization and of citizenship
shall be printed on safety paper and shall be
consecutively numbered in separate series.

Page 450

(d) Administration of oaths and depositions
Employees of the Service may be designated
by the Attorney General to administer oaths
and to take depositions without charge in matters relating to the administration of the naturalization and citizenship laws. In cases where
there is a likelihood of unusual delay or of hardship, the Attorney General may, in his discretion, authorize such depositions to be taken before a postmaster without charge, or before a
notary public or other person authorized to administer oaths for general purposes.
(e) Issuance of certificate of naturalization or
citizenship
A certificate of naturalization or of citizenship issued by the Attorney General under the
authority of this subchapter shall have the same
effect in all courts, tribunals, and public offices
of the United States, at home and abroad, of the
District of Columbia, and of each State, Territory, and outlying possession of the United
States, as a certificate of naturalization or of
citizenship issued by a court having naturalization jurisdiction.
(f) Copies of records
Certifications and certified copies of all papers, documents, certificates, and records required or authorized to be issued, used, filed, recorded, or kept under any and all provisions of
this chapter shall be admitted in evidence equally with the originals in any and all cases and
proceedings under this chapter and in all cases
and proceedings in which the originals thereof
might be admissible as evidence.
(g) Furnished quarters for photographic studios
The officers in charge of property owned or
leased by the Government are authorized, upon
the recommendation of the Attorney General, to
provide quarters, without payment of rent, in
any building occupied by the Service, for a photographic studio, operated by welfare organizations without profit and solely for the benefit of
persons seeking to comply with requirements
under the immigration and nationality laws.
Such studio shall be under the supervision of the
Attorney General.
(h) Public education regarding naturalization
benefits
In order to promote the opportunities and responsibilities of United States citizenship, the
Attorney General shall broadly distribute information concerning the benefits which persons
may receive under this subchapter and the requirements to obtain such benefits. In carrying
out this subsection, the Attorney General shall
seek the assistance of appropriate community
groups, private voluntary agencies, and other
relevant organizations. There are authorized to
be appropriated (for each fiscal year beginning
with fiscal year 1991) such sums as may be necessary to carry out this subsection.
(June 27, 1952, ch. 477, title III, ch. 2, § 332, 66
Stat. 252; Pub. L. 101–649, title IV, §§ 406,
407(d)(10), Nov. 29, 1990, 104 Stat. 5040, 5042; Pub.
L. 102–232, title III, § 305(m)(6), Dec. 12, 1991, 105
Stat. 1750.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (f), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,

Page 451

TITLE 8—ALIENS AND NATIONALITY

§ 1444

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.

issuance of a certificate of citizenship pending on or
after such date, see section 674(d) of Pub. L. 110–181, set
out as a note under section 1430 of this title.

AMENDMENTS

Section effective Oct. 1, 2004, see section 1705(b) of
Pub. L. 109–136, set out as an Effective Date of 2003
Amendment note under section 1439 of this title.

1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘applicants’’ for ‘‘petitioners’’ in first sentence.
1990—Subsec. (a). Pub. L. 101–649, § 407(d)(10), struck
out ‘‘for the purpose of making appropriate recommendations to the naturalization courts’’ before period
at end of first sentence and struck out second sentence
which read as follows: ‘‘Such examination, in the discretion of the Attorney General, and under such rules
and regulations as may be prescribed by him, may be
conducted before or after the applicant has filed his petition for naturalization.’’
Subsec. (h). Pub. L. 101–649, § 406, added subsec. (h).
EFFECTIVE DATE OF 1991 AMENDMENT
Section 305(m) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 407(d) of the Immigration Act of 1990,
Pub. L. 101–649.
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.

§ 1443a. Naturalization proceedings overseas for
members of the Armed Forces and their
spouses and children
Notwithstanding any other provision of law,
the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense
shall ensure that any applications, interviews,
filings, oaths, ceremonies, or other proceedings
under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) relating to naturalization of members of the Armed Forces, and
persons made eligible for naturalization by section 319(e) or 322(d) of such Act [8 U.S.C. 1430(e),
1433(d)], are available through United States embassies, consulates, and as practicable, United
States military installations overseas.
(Pub. L. 108–136, div. A, title XVII, § 1701(d), Nov.
24, 2003, 117 Stat. 1692; Pub. L. 110–181, div. A,
title VI, § 674(c), Jan. 28, 2008, 122 Stat. 186.)
REFERENCES IN TEXT
The Immigration and Nationality Act, referred to in
text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Title III of the Act is classified principally to subchapter III (§ 1401 et seq.) of 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 enacted as part of the National Defense
Authorization Act for Fiscal Year 2004, and not as part
of the Immigration and Nationality Act which comprises this chapter.
AMENDMENTS
2008—Pub. L. 110–181 inserted ‘‘and their spouses and
children’’ after ‘‘Armed Forces’’ in section catchline
and ‘‘, and persons made eligible for naturalization by
section 319(e) or 322(d) of such Act,’’ after ‘‘Armed
Forces’’ in text.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–181 effective Jan. 28, 2008,
and applicable to any application for naturalization or

EFFECTIVE DATE

FINALIZATION OF NATURALIZATION PROCEEDINGS FOR
MEMBERS OF THE ARMED FORCES
Pub. L. 108–136, div. A, title XVII, § 1701(e), Nov. 24,
2003, 117 Stat. 1692, provided that: ‘‘Not later than 90
days after the date of the enactment of this Act [Nov.
24, 2003], the Secretary of Defense shall prescribe a policy that facilitates the opportunity for a member of the
Armed Forces to finalize naturalization for which the
member has applied. The policy shall include, for such
purpose, the following:
‘‘(1) A high priority for grant of emergency leave.
‘‘(2) A high priority for transportation on aircraft
of, or chartered by, the Armed Forces.’’

§ 1444. Photographs; number
(a) Three identical photographs of the applicant shall be signed by and furnished by each
applicant for naturalization or citizenship. One
of such photographs shall be affixed by the Attorney General to the original certificate of naturalization issued to the naturalized citizen and
one to the duplicate certificate of naturalization
required to be forwarded to the Service.
(b) Three identical photographs of the applicant shall be furnished by each applicant for—
(1) a record of lawful admission for permanent residence to be made under section 1259
of this title;
(2) a certificate of derivative citizenship;
(3) a certificate of naturalization or of citizenship;
(4) a special certificate of naturalization;
(5) a certificate of naturalization or of citizenship, in lieu of one lost, mutilated, or destroyed;
(6) a new certificate of citizenship in the new
name of any naturalized citizen who, subsequent to naturalization, has had his name
changed by order of a court of competent jurisdiction or by marriage; and
(7) a declaration of intention.
One such photograph shall be affixed to each
such certificate issued by the Attorney General
and one shall be affixed to the copy of such certificate retained by the Service.
(June 27, 1952, ch. 477, title III, ch. 2, § 333, 66
Stat. 253; Pub. L. 101–649, title IV, § 407(c)(14),
(d)(11), Nov. 29, 1990, 104 Stat. 5041, 5042; Pub. L.
103–416, title II, § 219(w), Oct. 25, 1994, 108 Stat.
4318.)
AMENDMENTS
1994—Subsec. (b)(1). Pub. L. 103–416 substituted ‘‘1259’’
for ‘‘1259(a)’’.
1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘applicant’’ for ‘‘petitioner’’ after ‘‘by each’’, and ‘‘Attorney
General’’ for ‘‘clerk of the court’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.

§ 1445

TITLE 8—ALIENS AND NATIONALITY

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.

§ 1445. Application for naturalization; declaration of intention
(a) Evidence and form
An applicant for naturalization shall make
and file with the Attorney General a sworn application in writing, signed by the applicant in
the applicant’s own handwriting if physically
able to write, which application shall be on a
form prescribed by the Attorney General and
shall include averments of all facts which in the
opinion of the Attorney General may be material to the applicant’s naturalization, and required to be proved under this subchapter. In the
case of an applicant subject to a requirement of
continuous residence under section 1427(a) or
1430(a) of this title, the application for naturalization may be filed up to 3 months before the
date the applicant would first otherwise meet
such continuous residence requirement.
(b) Who may file
No person shall file a valid application for naturalization unless he shall have attained the age
of eighteen years. An application for naturalization by an alien shall contain an averment of
lawful admission for permanent residence.
(c) Hearings
Hearings under section 1447(a) of this title on
applications for naturalization shall be held at
regular intervals specified by the Attorney General.
(d) Filing of application
Except as provided in subsection (e) of this
section, an application for naturalization shall
be filed in the office of the Attorney General.
(e) Substitute filing place and administering
oath other than before Attorney General
A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the
Attorney General or a court, if the Attorney
General determines that the person has an illness or other disability which—
(1) is of a permanent nature and is sufficiently serious to prevent the person’s personal appearance, or
(2) is of a nature which so incapacitates the
person as to prevent him from personally appearing.
(f) Declaration of intention
An alien over 18 years of age who is residing in
the United States pursuant to a lawful admission for permanent residence may file with the
Attorney General a declaration of intention to
become a citizen of the United States. Such a
declaration shall be filed in duplicate and in a
form prescribed by the Attorney General and
shall be accompanied by an application prescribed and approved by the Attorney General.
Nothing in this subsection shall be construed as

Page 452

requiring any such alien to make and file a declaration of intention as a condition precedent to
filing an application for naturalization nor shall
any such declaration of intention be regarded as
conferring or having conferred upon any such
alien United States citizenship or nationality or
the right to United States citizenship or nationality, nor shall such declaration be regarded as
evidence of such alien’s lawful admission for
permanent residence in any proceeding, action,
or matter arising under this chapter or any
other Act.
(June 27, 1952, ch. 477, title III, ch. 2, § 334, 66
Stat. 254; Pub. L. 97–116, § 15(b), Dec. 29, 1981, 95
Stat. 1619; Pub. L. 101–649, title IV, §§ 401(b),
407(c)(15), (d)(12), Nov. 29, 1990, 104 Stat. 5038,
5041, 5042; Pub. L. 102–232, title III, § 305(d), (e),
(m)(7), Dec. 12, 1991, 105 Stat. 1750.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (f), was in the
original a reference to this Act, meaning act June 27,
1952, ch. 477, 66 Stat. 163, known as the Immigration and
Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1991—Subsec. (a). Pub. L. 102–232, § 305(m)(7), struck
out ‘‘, in duplicate,’’ after ‘‘file with the Attorney General’’.
Pub. L. 102–232, § 305(e), made technical correction to
directory language of Pub. L. 101–649, § 407(d)(12)(B). See
1990 Amendment note below.
Subsecs. (f), (g). Pub. L. 102–232, § 305(d), redesignated
subsec. (g) as (f).
1990—Pub. L. 101–649, § 407(d)(12)(A), substituted ‘‘Application for naturalization; declaration of intention’’
for ‘‘Petition for naturalization’’ in section catchline.
Subsec. (a). Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as
amended by Pub. L. 102–232, § 305(e), substituted ‘‘with
the Attorney General’’ for ‘‘in the office of the clerk of
a naturalization court’’, ‘‘under this subchapter’’ for
‘‘upon the hearing of such petition’’, and ‘‘application’’
for ‘‘petition’’ wherever appearing.
Pub. L. 101–649, § 401(b), inserted at end ‘‘In the case
of an applicant subject to a requirement of continuous
residence under section 1427(a) or 1430(a) of this title,
the application for naturalization may be filed up to 3
months before the date the applicant would first otherwise meet such continuous residence requirement.’’
Subsec. (b). Pub. L. 101–649, § 407(c)(15), (d)(12)(C), substituted ‘‘application’’ for ‘‘petition’’ in first sentence,
and struck out ‘‘(1)’’ before ‘‘he shall have attained’’,
‘‘and (2) he shall have first filed an application therefor
at an office of the Service in the form and manner prescribed by the Attorney General’’ after ‘‘eighteen
years’’, and ‘‘petition for’’ after ‘‘An application for’’.
Subsecs. (c) to (e). Pub. L. 101–649, § 407(d)(12)(F),
added subsecs. (c) to (e) and struck out former subsecs.
(c) to (e) which related to time to file, substitute filing
place, and investigation into reasons for substitute filing place, respectively.
Subsecs. (f), (g). Pub. L. 101–649, § 407(c)(15), (d)(12)(D),
(E), redesignated subsec. (f) as (g), substituted ‘‘An
alien over 18 years of age who is residing in the United
States pursuant to a lawful admission for permanent
residence may file with the Attorney General a declaration of intention to become a citizen of the United
States. Such a declaration shall be filed in duplicate
and in a form prescribed by the Attorney General and
shall be accompanied by an application prescribed and
approved by the Attorney General.’’ for ‘‘Any alien
over eighteen years of age who is residing in the United
States pursuant to a lawful admission for permanent
residence may, upon an application prescribed, filed

Page 453

TITLE 8—ALIENS AND NATIONALITY

with, and approved by the Service, make and file in duplicate in the office of the clerk of court, regardless of
the alien’s place of residence in the United States, a
signed declaration of intention to become a citizen of
the United States, in such form as the Attorney General shall prescribe.’’, and substituted ‘‘an application’’
for ‘‘a petition’’ in last sentence.
1981—Subsec. (a). Pub. L. 97–116 struck out ‘‘and duly
verified by two witnesses,’’ after ‘‘able to write,’’.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 305(d), (e) 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.
Section 305(m) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 407(d) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.

§ 1446. Investigation of applicants; examination
of applications
(a) Waiver
Before a person may be naturalized, an employee of the Service, or of the United States
designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his
actual place of abode and in the vicinity or vicinities in which such person has been employed
or has engaged in business or work for at least
five years immediately preceding the filing of
his application for naturalization. The Attorney
General may, in his discretion, waive a personal
investigation in an individual case or in such
cases or classes of cases as may be designated by
him.
(b) Conduct of examinations; authority of designees; record
The Attorney General shall designate employees of the Service to conduct examinations upon
applications for naturalization. For such purposes any such employee so designated is authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to
administer oaths, including the oath of the applicant for naturalization, and to require by subpena the attendance and testimony of witnesses,
including applicant, before such employee so
designated and the production of relevant books,
papers, and documents, and to that end may invoke the aid of any district court of the United
States; and any such court may, in the event of
neglect or refusal to respond to a subpena issued
by any such employee so designated or refusal
to testify before such employee so designated
issue an order requiring such person to appear
before such employee so designated, produce rel-

§ 1446

evant books, papers, and documents if demanded, and testify; and any failure to obey
such order of the court may be punished by the
court as a contempt thereof. The record of the
examination authorized by this subsection shall
be admissible as evidence in any hearing conducted by an immigration officer under section
1447(a) of this title. Any such employee shall, at
the examination, inform the applicant of the
remedies available to the applicant under section 1447 of this title.
(c) Transmittal of record of examination
The record of the examination upon any application for naturalization may, in the discretion
of the Attorney General be transmitted to the
Attorney General and the determination with
respect thereto of the employee designated to
conduct such examination shall when made also
be transmitted to the Attorney General.
(d) Determination to grant or deny application
The employee designated to conduct any such
examination shall make a determination as to
whether the application should be granted or denied, with reasons therefor.
(e) Withdrawal of application
After an application for naturalization has
been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the
application, the application shall be determined
on its merits and a final order determination
made accordingly. In cases where the applicant
fails to prosecute his application, the application shall be decided on the merits unless the
Attorney General dismisses it for lack of prosecution.
(f) Transfer of application
An applicant for naturalization who moves
from the district of the Service in the United
States in which the application is pending may,
at any time thereafter, request the Service to
transfer the application to any district of the
Service in the United States which may act on
the application. The transfer shall not be made
without the consent of the Attorney General. In
the case of such a transfer, the proceedings on
the application shall continue as though the application had originally been filed in the district
of the Service to which the application is transferred.
(June 27, 1952, ch. 477, title III, ch. 2, § 335, 66
Stat. 255; Pub. L. 97–116, § 15(c), Dec. 29, 1981, 95
Stat. 1619; Pub. L. 100–525, § 9(aa), (bb), Oct. 24,
1988, 102 Stat. 2621; Pub. L. 101–649, title IV,
§§ 401(c), 407(c)(16), (d)(13), Nov. 29, 1990, 104 Stat.
5038, 5041, 5043; Pub. L. 102–232, title III, § 305(f),
Dec. 12, 1991, 105 Stat. 1750.)
AMENDMENTS
1991—Subsec. (b). Pub. L. 102–232 substituted ‘‘district
court’’ for ‘‘District Court’’.
1990—Pub. L. 101–649, § 407(d)(13)(A), substituted ‘‘Investigation of applicants; examination of applications’’
for ‘‘Investigation of petitioners’’ in section catchline.
Subsec. (a). Pub. L. 101–649, § 407(c)(16), (d)(13)(B), substituted ‘‘Before a person may be naturalized’’ for ‘‘At
any time prior to the holding of the final hearing on a

§ 1447

TITLE 8—ALIENS AND NATIONALITY

petition for naturalization provided for by section
1447(a) of this title’’, ‘‘applying’’ for ‘‘petitioning’’, and
‘‘application’’ for ‘‘petition’’.
Subsec. (b). Pub. L. 101–649, § 407(c)(16), (d)(13)(C), substituted ‘‘applications’’ for ‘‘petitions’’ and ‘‘applicant’’
for ‘‘petitioner’’ wherever appearing, struck out ‘‘preliminary’’ before ‘‘examinations’’ and before ‘‘examination’’, struck out ‘‘to any naturalization court and to
make recommendations thereon to such court’’ before
period at end of first sentence, substituted ‘‘any District Court of the United States’’ for ‘‘any court exercising naturalization jurisdiction as specified in section
1421 of this title’’, and substituted ‘‘hearing conducted
by an immigration officer under section 1447(a) of this
title’’ for ‘‘final hearing conducted by a naturalization
court designated in section 1421 of this title’’.
Pub. L. 101–649, § 401(c), inserted at end ‘‘Any such employee shall, at the examination, inform the petitioner
of the remedies available to the petitioner under section 1447 of this title.’’
Subsec. (c). Pub. L. 101–649, § 407(c)(16), (d)(13)(D),
struck out ‘‘preliminary’’ before ‘‘examination’’ wherever appearing, and substituted ‘‘determination’’ for
‘‘recommendation’’ and ‘‘application’’ for ‘‘petition’’.
Subsecs. (d) to (f). Pub. L. 101–649, § 407(d)(13)(E),
amended subsecs. (d) to (f) generally, substituting provisions relating to determinations, withdrawal of application, and transfer of application, for provisions relating to recommendations, withdrawal of petition, and
transfer of petition, respectively.
1988—Subsec. (d). Pub. L. 100–525, § 9(aa), substituted
‘‘approves’’ for ‘‘approve’’ in fourth sentence.
Subsec. (f)(2). Pub. L. 100–525, § 9(bb), struck out before period at end ‘‘, except that the court to which the
petition is transferred may in its discretion, require
the production of two credible United States citizen
witnesses to testify as to the petitioner’s qualifications
for naturalization since the date of such transfer’’.
1981—Subsec. (b). Pub. L. 97–116, § 15(c)(1), struck out
‘‘and the oaths of petitioner’s witnesses to the petition
for naturalization’’ after ‘‘oath of the petitioner for
naturalization’’.
Subsec. (f). Pub. L. 97–116, § 15(c)(2), (3), redesignated
subsec. (i) as (f) and struck out former subsec. (f) which
required affidavits of at least two credible witnesses,
citizens of the United States, concerning the residency
and the good moral character, etc., of the petitioner.
Subsec. (g). Pub. L. 97–116, § 15(c)(2), struck out subsec. (g) which related to proof of residence at the hearing on the petition.
Subsec. (h). Pub. L. 97–116, § 15(c)(2), struck out subsec. (h) which related to satisfactory evidence as to
good moral character, etc., at the hearing on the petition.
Subsec. (i). Pub. L. 97–116, § 15(c)(3), redesignated subsec. (i) as (f).

Page 454

otherwise made available to the Immigration and Naturalization Service shall be used to complete adjudication of an application for naturalization unless the Immigration and Naturalization Service has received confirmation from the Federal Bureau of Investigation
that a full criminal background check has been completed, except for those exempted by regulation as of
January 1, 1997’’.

§ 1447. Hearings on denials of applications for
naturalization

CRIMINAL BACKGROUND CHECKS

(a) Request for hearing before immigration officer
If, after an examination under section 1446 of
this title, an application for naturalization is
denied, the applicant may request a hearing before an immigration officer.
(b) Request for hearing before district court
If there is a failure to make a determination
under section 1446 of this title before the end of
the 120-day period after the date on which the
examination is conducted under such section,
the applicant may apply to the United States
district court for the district in which the applicant resides for a hearing on the matter. Such
court has jurisdiction over the matter and may
either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.
(c) Appearance of Attorney General
The Attorney General shall have the right to
appear before any immigration officer in any
naturalization proceedings for the purpose of
cross-examining the applicant and the witnesses
produced in support of the application concerning any matter touching or in any way affecting
the applicant’s right to admission to citizenship,
and shall have the right to call witnesses, including the applicant, produce evidence, and be
heard in opposition to, or in favor of the granting of any application in naturalization proceedings.
(d) Subpena of witnesses
The immigration officer shall, if the applicant
requests it at the time of filing the request for
the hearing, issue a subpena for the witnesses
named by such applicant to appear upon the day
set for the hearing, but in case such witnesses
cannot be produced upon the hearing other witnesses may be summoned upon notice to the Attorney General, in such manner and at such
time as the Attorney General may by regulation
prescribe. Such subpenas may be enforced in the
same manner as subpenas under section 1446(b)
of this title may be enforced.
(e) Change of name
It shall be lawful at the time and as a part of
the administration by a court of the oath of allegiance under section 1448(a) of this title for
the court, in its discretion, upon the bona fide
prayer of the applicant included in an appropriate petition to the court, to make a decree
changing the name of said person, and the certificate of naturalization shall be issued in accordance therewith.

Pub. L. 105–119, title I, Nov. 26, 1997, 111 Stat. 2448,
provided in part: ‘‘That during fiscal year 1998 and each
fiscal year thereafter, none of the funds appropriated or

(June 27, 1952, ch. 477, title III, ch. 2, § 336, 66
Stat. 257; Pub. L. 91–136, Dec. 5, 1969, 83 Stat. 283;
Pub. L. 97–116, § 15(d), Dec. 29, 1981, 95 Stat. 1619;

EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.

Page 455
Pub.
2621;
Nov.
title

TITLE 8—ALIENS AND NATIONALITY

L. 100–525, § 9(cc), Oct. 24, 1988, 102 Stat.
Pub. L. 101–649, title IV, § 407(c)(17), (d)(14),
29, 1990, 104 Stat. 5041, 5044; Pub. L. 102–232,
III, § 305(g), (h), Dec. 12, 1991, 105 Stat. 1750.)
AMENDMENTS

1991—Subsecs. (d), (e). Pub. L. 102–232, § 305(g), (h),
amended Pub. L. 101–649, § 407(d)(14)(D)(i), (E)(ii), respectively. See 1990 Amendment note below.
1990—Pub. L. 101–649, § 407(d)(14)(A), amended section
catchline generally.
Subsecs. (a), (b). Pub. L. 101–649, § 407(d)(14)(B),
amended subsecs. (a) and (b) generally, substituting
provisions relating to requests for hearing upon denial
of application and failure to make determination, for
provisions relating to holding of hearing in open court
and exceptions to same, respectively.
Subsec. (c). Pub. L. 101–649, § 407(c)(17), (d)(14)(C), substituted ‘‘immigration officer’’ for ‘‘court’’ and references to applicant, applicant’s, and application for
references to petitioner, petitioner’s, and petition
wherever appearing.
Subsec. (d). Pub. L. 101–649, § 407(d)(14)(D)(i), as
amended by Pub. L. 102–232, § 305(g), substituted ‘‘immigration officer shall, if the applicant requests it at the
time of filing the request for the hearing’’ for ‘‘clerk of
court shall, if the petitioner requests it at the time for
filing the petition for naturalization’’.
Pub. L. 101–649, § 407(c)(17), (d)(14)(D)(ii), (iii), substituted ‘‘applicant’’ for ‘‘petitioner’’, struck out
‘‘final’’ before ‘‘hearing’’ wherever appearing, and inserted at end ‘‘Such subpenas may be enforced in the
same manner as subpenas under section 1446(b) of this
title may be enforced.’’
Subsec. (e). Pub. L. 101–649, § 407(d)(14)(E)(i), substituted ‘‘administration by a court of the oath of allegiance under section 1448(a) of this title’’ for ‘‘naturalization of any person,’’.
Pub. L. 101–649, § 407(d)(14)(E)(ii), as amended by Pub.
L. 102–232, § 305(h), substituted ‘‘included in an appropriate petition to the court’’ for ‘‘included in the petition for naturalization of such person’’.
Pub. L. 101–649, § 407(c)(17), substituted ‘‘applicant’’
for ‘‘petitioner’’.
1988—Pub. L. 100–525 amended section catchline.
1981—Subsec. (a). Pub. L. 97–116, § 15(d)(1), struck out
‘‘and the witnesses’’ after ‘‘such petition the petitioner’’.
Subsec. (b). Pub. L. 97–116, § 15(d)(1), struck out ‘‘and
the witnesses’’ after ‘‘examination of the petitioner’’ in
two places.
Subsec. (c). Pub. L. 97–116, § 15(d)(2), (3), redesignated
subsec. (d) as (c) and struck out former subsec. (c)
which prescribed a waiting period of thirty days after
the filing of a petition for naturalization for the holding of a final hearing and permitted waiver of such period by the Attorney General if he determined that a
waiver was in the public interest.
Subsec. (d). Pub. L. 97–116, § 15(3), (4), redesignated
subsec. (e) as (d) and struck out provision permitting
the substitution of witnesses if after the petition is
filed any of the verifying witnesses appear to be not
competent, provided the petitioner acted in good faith
in producing such witness. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 97–116, § 15(d)(4), (5), redesignated
subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 97–116, § 15(d)(5), redesignated subsec. (f) as (e).
1969—Subsec. (c). Pub. L. 91–136 struck out requirement that Attorney General, as a prerequisite to waiver of the waiting period, make an affirmative finding
that such waiver will promote the security of the
United States, and further struck out the provision
prohibiting the acquisition of citizenship by final oath
within 60 days preceding a general election and prior to
the tenth day following such election.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–232 effective as if included
in the enactment of the Immigration Act of 1990, Pub.

§ 1448

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

§ 1448. Oath of renunciation and allegiance
(a) Public ceremony
A person who has applied for naturalization
shall, in order to be and before being admitted
to citizenship, take in a public ceremony before
the Attorney General or a court with jurisdiction under section 1421(b) of this title an oath (1)
to support the Constitution of the United
States; (2) to renounce and abjure absolutely
and entirely all allegiance and fidelity to any
foreign prince, potentate, state, or sovereignty
of whom or which the applicant was before a
subject or citizen; (3) to support and defend the
Constitution and the laws of the United States
against all enemies, foreign and domestic; (4) to
bear true faith and allegiance to the same; and
(5)(A) to bear arms on behalf of the United
States when required by the law, or (B) to perform noncombatant service in the Armed Forces
of the United States when required by the law,
or (C) to perform work of national importance
under civilian direction when required by the
law. Any such person shall be required to take
an oath containing the substance of clauses (1)
to (5) of the preceding sentence, except that a
person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to the bearing of arms in
the Armed Forces of the United States by reason
of religious training and belief shall be required
to take an oath containing the substance of
clauses (1) to (4) and clauses (5)(B) and (5)(C) of
this subsection, and a person who shows by clear
and convincing evidence to the satisfaction of
the Attorney General that he is opposed to any
type of service in the Armed Forces of the
United States by reason of religious training
and belief shall be required to take an oath containing the substance of said clauses (1) to (4)
and clause (5)(C). The term ‘‘religious training
and belief’’ as used in this section shall mean an
individual’s belief in a relation to a Supreme
Being involving duties superior to those arising
from any human relation, but does not include
essentially political, sociological, or philosophical views or a merely personal moral code. In
the case of the naturalization of a child under
the provisions of section 1433 of this title the Attorney General may waive the taking of the
oath if in the opinion of the Attorney General
the child is unable to understand its meaning.
The Attorney General may waive the taking of
the oath by a person if in the opinion of the Attorney General the person is unable to understand, or to communicate an understanding of,
its meaning because of a physical or develop-

§ 1448

TITLE 8—ALIENS AND NATIONALITY

mental disability or mental impairment. If the
Attorney General waives the taking of the oath
by a person under the preceding sentence, the
person shall be considered to have met the requirements of section 1427(a)(3) of this title with
respect to attachment to the principles of the
Constitution and well disposition to the good
order and happiness of the United States.
(b) Hereditary titles or orders of nobility
In case the person applying for naturalization
has borne any hereditary title, or has been of
any of the orders of nobility in any foreign
state, the applicant shall in addition to complying with the requirements of subsection (a) of
this section, make under oath in the same public ceremony in which the oath of allegiance is
administered, an express renunciation of such
title or order of nobility, and such renunciation
shall be recorded as a part of such proceedings.
(c) Expedited judicial oath administration ceremony
Notwithstanding section 1421(b) of this title,
an individual may be granted an expedited judicial oath administration ceremony or administrative naturalization by the Attorney General
upon demonstrating sufficient cause. In determining whether to grant an expedited judicial
oath administration ceremony, a court shall
consider special circumstances (such as serious
illness of the applicant or a member of the applicant’s immediate family, permanent disability
sufficiently incapacitating as to prevent the applicant’s personal appearance at the scheduled
ceremony, developmental disability or advanced
age, or exigent circumstances relating to travel
or employment). If an expedited judicial oath
administration ceremony is impracticable, the
court shall refer such individual to the Attorney
General who may provide for immediate administrative naturalization.
(d) Rules and regulations
The Attorney General shall prescribe rules
and procedures to ensure that the ceremonies
conducted by the Attorney General for the administration of oaths of allegiance under this
section are public, conducted frequently and at
regular intervals, and are in keeping with the
dignity of the occasion.
(June 27, 1952, ch. 477, title III, ch. 2, § 337, 66
Stat. 258; Pub. L. 97–116, § 18(o), Dec. 29, 1981, 95
Stat. 1621; Pub. L. 101–649, title IV, § 407(c)(18),
(d)(15), Nov. 29, 1990, 104 Stat. 5041, 5044; Pub. L.
102–232, title I, § 102(b)(2), title III, § 305(i), Dec.
12, 1991, 105 Stat. 1736, 1750; Pub. L. 106–448, § 1,
Nov. 6, 2000, 114 Stat. 1939.)
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–448 inserted at end ‘‘The
Attorney General may waive the taking of the oath by
a person if in the opinion of the Attorney General the
person is unable to understand, or to communicate an
understanding of, its meaning because of a physical or
developmental disability or mental impairment. If the
Attorney General waives the taking of the oath by a
person under the preceding sentence, the person shall
be considered to have met the requirements of section
1427(a)(3) of this title with respect to attachment to the
principles of the Constitution and well disposition to
the good order and happiness of the United States.’’
1991—Subsec. (c). Pub. L. 102–232, § 102(b)(2), amended
subsec. (c) generally. Prior to amendment, subsec. (c)

Page 456

read as follows: ‘‘If the applicant is prevented by sickness or other disability from attending a public ceremony, the oath required to be taken by subsection (a)
of this section may be taken at such place as the Attorney General may designate under section 1445(e) of this
title.’’
Pub. L. 102–232, § 305(i), struck out ‘‘before’’ after
‘‘may be taken’’.
1990—Subsec. (a). Pub. L. 101–649, § 407(c)(18),
(d)(15)(A), substituted ‘‘applied’’ for ‘‘petitioned’’ and
‘‘applicant’’ for ‘‘petitioner’’ in first sentence, ‘‘in a
public ceremony before the Attorney General or a court
with jurisdiction under section 1421(b) of this title’’ for
‘‘in open court’’, ‘‘Attorney General’’ for ‘‘naturalization court’’ wherever appearing in second and fourth
sentences, and ‘‘Attorney General’’ for ‘‘court’’ before
‘‘the child’’ in fourth sentence.
Subsec. (b). Pub. L. 101–649, § 407(c)(18), (d)(15)(B), substituted ‘‘applying’’ for ‘‘petitioning’’, ‘‘applicant’’ for
‘‘petitioner’’, and ‘‘in the same public ceremony in
which the oath of allegiance is administered’’ for ‘‘in
open court in the court in which the petition for naturalization is made’’, and struck out ‘‘in the court’’ after
‘‘shall be recorded’’.
Subsec. (c). Pub. L. 101–649, § 407(c)(18), (d)(15)(C), substituted ‘‘applicant’’ for ‘‘petitioner’’, ‘‘attending a
public ceremony’’ for ‘‘being in open court’’, and ‘‘at
such place as the Attorney General may designate
under section 1445(e) of this title’’ for ‘‘a judge of the
court at such place as may be designated by the court’’.
Subsec. (d). Pub. L. 101–649, § 407(d)(15)(D), added subsec. (d).
1981—Subsec. (a). Pub. L. 97–116 substituted ‘‘section
1433’’ for ‘‘section 1433 or 1434’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–448, § 2, Nov. 6, 2000, 114 Stat. 1939, provided that: ‘‘The amendment made by section 1
[amending this section] shall apply to persons applying
for naturalization before, on, or after the date of the
enactment of this Act [Nov. 6, 2000].’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 102(b)(2) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of
Pub. L. 102–232, set out as a note under section 1421 of
this title.
Amendment by section 305(i) 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 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.
DEMONSTRATION PROJECTS TO PROVIDE FOR
ADMINISTRATION OF OATH OF ALLEGIANCE
Pub. L. 104–208, div. C, title VI, § 647, Sept. 30, 1996, 110
Stat. 3009–710, provided that:
‘‘(a) IN GENERAL.—The Attorney General shall make
available funds under this section, in each of fiscal
years 1997 through 2001, to the Commissioner of Immigration and Naturalization or to other public or private
nonprofit entities to support demonstration projects
under this section at 10 sites throughout the United
States. Each such project shall be designed to provide
for the administration of the oath of allegiance under
section 337(a) of the Immigration and Nationality Act
[8 U.S.C. 1448(a)] on a business day around Independence Day to approximately 500 people whose applica-

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TITLE 8—ALIENS AND NATIONALITY

tion for naturalization has been approved. Each project
shall provide for appropriate outreach and ceremonial
and celebratory activities.
‘‘(b) SELECTION OF SITES.—The Attorney General
shall, in the Attorney General’s discretion, select diverse locations for sites on the basis of the number of
naturalization applicants living in proximity to each
site and the degree of local community participation
and support in the project to be held at the site. Not
more than 2 sites may be located in the same State.
The Attorney General shall consider changing the sites
selected from year to year.
‘‘(c) AMOUNTS AVAILABLE; USE OF FUNDS.—
‘‘(1) AMOUNT.—The amount made available under
this section with respect to any single site for a year
shall not exceed $5,000.
‘‘(2) USE.—Funds made available under this section
may be used only to cover expenses incurred in carrying out oath administration ceremonies at the demonstration sites under subsection (a), including expenses for—
‘‘(A) cost of personnel of the Immigration and
Naturalization Service (including travel and overtime expenses);
‘‘(B) rental of space; and
‘‘(C) costs of printing appropriate brochures and
other information about the ceremonies.
‘‘(3) AVAILABILITY OF FUNDS.—Funds that are otherwise available to the Immigration and Naturalization
Service to carry out naturalization activities shall be
available, to the extent provided in appropriation
Acts, to carry out this section.
‘‘(d) APPLICATION.—In the case of an entity other
than the Immigration and Naturalization Service seeking to conduct a demonstration project under this section, no amounts may be made available to the entity
under this section unless an appropriate application
has been made to, and approved by, the Attorney General, in a form and manner specified by the Attorney
General.’’

§ 1448a. Address to newly naturalized citizens
Either at the time of the rendition of the decree of naturalization or at such other time as
the judge may fix, the judge or someone designated by him shall address the newly naturalized citizen upon the form and genius of our
Government and the privileges and responsibilities of citizenship; it being the intent and purpose of this section to enlist the aid of the judiciary, in cooperation with civil and educational
authorities, and patriotic organizations in a
continuous effort to dignify and emphasize the
significance of citizenship.
(Feb. 29, 1952, ch. 49, § 2, 66 Stat. 10.)
CODIFICATION
Section was not enacted as part of the Immigration
and Nationality Act which comprises this chapter.
Section was previously classified to section 154 of
former Title 36, Patriotic Societies and Observances.
PRIOR PROVISIONS
Similar provisions were contained in act May 3, 1940,
ch. 183, § 2, 54 Stat. 178, which was classified to section
727a of this title prior to repeal by act Feb. 29, 1952.

§ 1449. Certificate of naturalization; contents
A person admitted to citizenship in conformity with the provisions of this subchapter shall
be entitled upon such admission to receive from
the Attorney General a certificate of naturalization, which shall contain substantially the following information: Number of application for
naturalization; number of certificate of natu-

§ 1449

ralization; date of naturalization; name, signature, place of residence, autographed photograph, and personal description of the naturalized person, including age, sex, marital status,
and country of former nationality; location of
the district office of the Service in which the application was filed and the title, authority, and
location of the official or court administering
the oath of allegiance; statement that the Attorney General, having found that the applicant
had complied in all respects with all of the applicable provisions of the naturalization laws of
the United States, and was entitled to be admitted a citizen of the United States of America,
thereupon ordered that the applicant be admitted as a citizen of the United States of America;
attestation of an immigration officer; and the
seal of the Department of Justice.
(June 27, 1952, ch. 477, title III, ch. 2, § 338, 66
Stat. 259; Pub. L. 101–649, title IV, § 407(c)(19),
(d)(16), Nov. 29, 1990, 104 Stat. 5041, 5045; Pub. L.
102–232, title III, § 305(j), Dec. 12, 1991, 105 Stat.
1750; Pub. L. 103–416, title I, § 104(a), title II,
§ 219(z)(3), Oct. 25, 1994, 108 Stat. 4308, 4318.)
AMENDMENTS
1994—Pub. L. 103–416, § 219(z)(3), repealed Pub. L.
102–232, § 305(j)(1). See 1991 Amendment note below.
Pub. L. 103–416, § 104(a), struck out ‘‘intends to reside
permanently in the United States, except in cases falling within the provisions of section 1435(a) of this
title,’’ before ‘‘had complied in’’.
1991—Pub. L. 102–232, § 305(j)(2), substituted ‘‘district’’
for ‘‘District’’ before ‘‘office of the Service’’.
Pub. L. 102–232, § 305(j)(1), which made a technical correction to Pub. L. 101–649, § 407(d)(16)(C), which was unnecessary because the language sought to be corrected
was already correct in Pub. L. 101–649 (see 1990 Amendment note below) was repealed by Pub. L. 103–416,
§ 219(z)(3). See Construction of 1994 Amendment note
below.
1990—Pub. L. 101–649 substituted ‘‘application’’ for
‘‘petition’’ and ‘‘applicant’’ for ‘‘petitioner’’ in two
places, struck out ‘‘by a naturalization court’’ after
‘‘citizenship’’, and substituted ‘‘the Attorney General’’
for ‘‘the clerk of such court’’, ‘‘location of the District
office of the Service in which the application was filed
and the title, authority, and location of the official or
court administering the oath of allegiance’’ for ‘‘title,
venue, and location of the naturalization court’’, ‘‘the
Attorney General’’ for ‘‘the court’’, and ‘‘of an immigration officer; and the seal of the Department of Justice’’ for ‘‘of the clerk of the naturalization court; and
seal of the court’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 104(e) of Pub. L. 103–416 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to persons admitted to citizenship on
or after the date of enactment of this Act [Oct. 25,
1994].’’
Section 219(z) of Pub. L. 103–416 provided that the
amendment made by subsec. (z)(3) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of
1991, Pub. L. 102–232.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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.
CONSTRUCTION OF 1994 AMENDMENT
Section 219(z)(3) of Pub. L. 103–416 provided that:
‘‘paragraph (1) of section 305(j) of such Act [Pub. L.

§ 1450

TITLE 8—ALIENS AND NATIONALITY

102–232, amending section 407(d)(16)(C) of Pub. L.
101–649] is repealed (and section 407(d)(16)(C) of the Immigration Act of 1990 [Pub. L. 101–649, amending this
section] shall read as if such paragraph had not been
enacted)’’.
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.

§ 1450. Functions and duties of clerks and
records of declarations of intention and applications for naturalization
(a) The clerk of each court that administers
oaths of allegiance under section 1448 of this
title shall—
(1) deliver to each person administered the
oath of allegiance by the court pursuant to
section 1448(a) of this title the certificate of
naturalization prepared by the Attorney General pursuant to section 1421(b)(2)(A)(ii) of this
title,
(2) forward to the Attorney General a list of
applicants actually taking the oath at each
scheduled ceremony and information concerning each person to whom such an oath is administered by the court, within 30 days after
the close of the month in which the oath was
administered,
(3) forward to the Attorney General certified
copies of such other proceedings and orders instituted in or issued out of the court affecting
or relating to the naturalization of persons as
may be required from time to time by the Attorney General, and
(4) be responsible for all blank certificates of
naturalization received by them from time to
time from the Attorney General and shall account to the Attorney General for them whenever required to do so.
No certificate of naturalization received by any
clerk of court which may be defaced or injured
in such manner as to prevent its use as herein
provided shall in any case be destroyed, but such
certificates shall be returned to the Attorney
General.
(b) Each district office of the Service in the
United States shall maintain, in chronological
order, indexed, and consecutively numbered, as
part of its permanent records, all declarations of
intention and applications for naturalization
filed with the office.
(June 27, 1952, ch. 477, title III, ch. 2, § 339, 66
Stat. 259; Pub. L. 101–649, title IV, § 407(d)(17),
Nov. 29, 1990, 104 Stat. 5045; Pub. L. 102–232, title
I, § 102(b)(1), Dec. 12, 1991, 105 Stat. 1735.)
AMENDMENTS
1991—Subsec. (a). Pub. L. 102–232, § 102(b)(1)(F), inserted sentence at end relating to return of defaced or
injured certificates of naturalization to Attorney General.
Subsec. (a)(1). Pub. L. 102–232, § 102(b)(1)(A), added par.
(1) and struck out former par. (1) which read as follows:
‘‘issue to each person to whom such an oath is administered a document evidencing that such an oath was administered,’’.
Subsec. (a)(2). Pub. L. 102–232, § 102(b)(1)(B), inserted
‘‘a list of applicants actually taking the oath at each
scheduled ceremony and’’ after ‘‘Attorney General’’.

Page 458

Subsec. (a)(3), (4). Pub. L. 102–232, § 102(b)(1)(C)–(E),
added par. (4), redesignated former par. (4) as (3) and
substituted ‘‘, and’’ for period at end, and struck out
former par. (3) which directed clerk to make and keep
on file evidence for each document issued.
1990—Pub. L. 101–649 amended section generally, substituting provisions relating to functions and duties of
clerks and records of declarations of intention and applications for naturalization, for provisions relating to
functions and duties of clerks of naturalization courts.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–232 effective 30 days after
Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out
as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 not applicable to functions and duties respecting petitions filed before Oct. 1,
1991, see section 408(c) of Pub. L. 101–649, set out as a
note under section 1421 of this title.
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.

§ 1451. Revocation of naturalization
(a) Concealment of material evidence; refusal to
testify
It shall be the duty of the United States attorneys for the respective districts, upon affidavit
showing good cause therefor, to institute proceedings in any district court of the United
States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting
aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or
were procured by concealment of a material fact
or by willful misrepresentation, and such revocation and setting aside of the order admitting
such person to citizenship and such canceling of
certificate of naturalization shall be effective as
of the original date of the order and certificate,
respectively: Provided, That refusal on the part
of a naturalized citizen within a period of ten
years following his naturalization to testify as a
witness in any proceeding before a congressional
committee concerning his subversive activities,
in a case where such person has been convicted
of contempt for such refusal, shall be held to
constitute a ground for revocation of such person’s naturalization under this subsection as
having been procured by concealment of a material fact or by willful misrepresentation. If the
naturalized citizen does not reside in any judicial district in the United States at the time of
bringing such suit, the proceedings may be instituted in the United States District Court for the
District of Columbia or in the United States district court in the judicial district in which such
person last had his residence.
(b) Notice to party
The party to whom was granted the naturalization alleged to have been illegally procured or procured by concealment of a material
fact or by willful misrepresentation shall, in any

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TITLE 8—ALIENS AND NATIONALITY

such proceedings under subsection (a) of this
section, have sixty days’ personal notice, unless
waived by such party, in which to make answers
to the petition of the United States; and if such
naturalized person be absent from the United
States or from the judicial district in which
such person last had his residence, such notice
shall be given either by personal service upon
him or by publication in the manner provided
for the service of summons by publication or
upon absentees by the laws of the State or the
place where such suit is brought.
(c) Membership in certain organizations; prima
facie evidence
If a person who shall have been naturalized
after December 24, 1952 shall within five years
next following such naturalization become a
member of or affiliated with any organization,
membership in or affiliation with which at the
time of naturalization would have precluded
such person from naturalization under the provisions of section 1424 of this title, it shall be
considered prima facie evidence that such person was not attached to the principles of the
Constitution of the United States and was not
well disposed to the good order and happiness of
the United States at the time of naturalization,
and, in the absence of countervailing evidence,
it shall be sufficient in the proper proceeding to
authorize the revocation and setting aside of the
order admitting such person to citizenship and
the cancellation of the certificate of naturalization as having been obtained by concealment of
a material fact or by willful misrepresentation,
and such revocation and setting aside of the
order admitting such person to citizenship and
such canceling of certificate of naturalization
shall be effective as of the original date of the
order and certificate, respectively.
(d) Applicability to citizenship through naturalization of parent or spouse
Any person who claims United States citizenship through the naturalization of a parent or
spouse in whose case there is a revocation and
setting aside of the order admitting such parent
or spouse to citizenship under the provisions of
subsection (a) of this section on the ground that
the order and certificate of naturalization were
procured by concealment of a material fact or
by willful misrepresentation shall be deemed to
have lost and to lose his citizenship and any
right or privilege of citizenship which he may
have, now has, or may hereafter acquire under
and by virtue of such naturalization of such parent or spouse, regardless of whether such person
is residing within or without the United States
at the time of the revocation and setting aside
of the order admitting such parent or spouse to
citizenship. Any person who claims United
States citizenship through the naturalization of
a parent or spouse in whose case there is a revocation and setting aside of the order admitting
such parent or spouse to citizenship and the cancellation of the certificate of naturalization
under the provisions of subsection (c) of this section, or under the provisions of section 1440(c) of
this title on any ground other than that the
order and certificate of naturalization were procured by concealment of a material fact or by
willful misrepresentation, shall be deemed to

§ 1451

have lost and to lose his citizenship and any
right or privilege of citizenship which would
have been enjoyed by such person had there not
been a revocation and setting aside of the order
admitting such parent or spouse to citizenship
and the cancellation of the certificate of naturalization, unless such person is residing in the
United States at the time of the revocation and
setting aside of the order admitting such parent
or spouse to citizenship and the cancellation of
the certificate of naturalization.
(e) Citizenship unlawfully procured
When a person shall be convicted under section 1425 of title 18 of knowingly procuring naturalization in violation of law, the court in which
such conviction is had shall thereupon revoke,
set aside, and declare void the final order admitting such person to citizenship, and shall declare
the certificate of naturalization of such person
to be canceled. Jurisdiction is conferred on the
courts having jurisdiction of the trial of such offense to make such adjudication.
(f) Cancellation of certificate of naturalization
Whenever an order admitting an alien to citizenship shall be revoked and set aside or a certificate of naturalization shall be canceled, or
both, as provided in this section, the court in
which such judgment or decree is rendered shall
make an order canceling such certificate and
shall send a certified copy of such order to the
Attorney General. The clerk of court shall
transmit a copy of such order and judgment to
the Attorney General. A person holding a certificate of naturalization or citizenship which
has been canceled as provided by this section
shall upon notice by the court by which the decree of cancellation was made, or by the Attorney General, surrender the same to the Attorney
General.
(g) Applicability to certificates of naturalization
and citizenship
The provisions of this section shall apply not
only to any naturalization granted and to certificates of naturalization and citizenship issued
under the provisions of this subchapter, but to
any naturalization heretofore granted by any
court, and to all certificates of naturalization
and citizenship which may have been issued
heretofore by any court or by the Commissioner
based upon naturalization granted by any court,
or by a designated representative of the Commissioner under the provisions of section 702 of
the Nationality Act of 1940, as amended, or by
such designated representative under any other
act.
(h) Power to correct, reopen, alter, modify, or vacate order
Nothing contained in this section shall be regarded as limiting, denying, or restricting the
power of the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person.
(June 27, 1952, ch. 477, title III, ch. 2, § 340, 66
Stat. 260; Sept. 3, 1954, ch. 1263, § 18, 68 Stat. 1232;
Pub. L. 87–301, § 18, Sept. 26, 1961, 75 Stat. 656;
Pub. L. 99–653, § 17, Nov. 14, 1986, 100 Stat. 3658;
Pub. L. 100–525, § 9(dd), Oct. 24, 1988, 102 Stat.
2621; Pub. L. 101–649, title IV, § 407(d)(18), Nov. 29,

§ 1452

TITLE 8—ALIENS AND NATIONALITY

1990, 104 Stat. 5046; Pub. L. 102–232, title III,
§ 305(k), Dec. 12, 1991, 105 Stat. 1750; Pub. L.
103–416, title I, § 104(b), (c), Oct. 25, 1994, 108 Stat.
4308.)
REFERENCES IN TEXT
Section 702 of the Nationality Act of 1940, as amended, referred to in subsec. (g), which was classified to
section 1002 of this title, was repealed by section
403(a)(42) of act June 27, 1952. See section 1440 of this
title.

Page 460

Subsec. (b). Pub. L. 87–301, § 18(b), inserted ‘‘illegally
procured or’’ before ‘‘procured by concealment’’.
1954—Subsec. (a). Act Sept. 3, 1954, substituted
‘‘United States attorneys’’ for ‘‘United States district
attorneys’’.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by 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.

AMENDMENTS

EFFECTIVE DATE OF 1986 AMENDMENT

1994—Subsec. (d). Pub. L. 103–416 redesignated subsec.
(e) as (d) and substituted ‘‘subsection (c)’’ for ‘‘subsections (c) or (d)’’, and struck out former subsec. (d)
which related to revocation of naturalization of persons
who, within one year of naturalization, have taken permanent residence in country of their nativity or in any
other foreign country.
Subsecs. (e) to (i). Pub. L. 103–416, § 104(c)(1), redesignated subsecs. (f) to (i) as (e) to (h), respectively.
Former subsec. (e) redesignated (d).
1991—Subsec. (a). Pub. L. 102–232, § 305(k)(1), substituted ‘‘district court’’ for ‘‘District Court’’ in first
sentence.
Subsec. (g). Pub. L. 102–232, § 305(k)(2), substituted
‘‘clerk of court’’ for ‘‘clerk of the court’’ in second sentence.
1990—Subsec. (a). Pub. L. 101–649, § 407(d)(18)(A), substituted ‘‘in any District Court of the United States’’
for ‘‘in any court specified in subsection (a) of section
1421 of this title’’.
Subsec. (g). Pub. L. 101–649, § 407(d)(18)(B), (C), amended second sentence generally and struck out third sentence. Prior to amendment, second and third sentences
read as follows: ‘‘In case such certificate was not originally issued by the court making such order, it shall direct the clerk of court in which the order is revoked
and set aside to transmit a copy of such order and judgment to the court out of which such certificate of naturalization shall have been originally issued. It shall
thereupon be the duty of the clerk of the court receiving such certified copy of the order and judgment of the
court to enter the same of record and to cancel such
original certificate of naturalization, if there be any,
upon the records and to notify the Attorney General of
the entry of such order and of such cancellation.’’
Subsec. (i). Pub. L. 101–649, § 407(d)(18)(D), substituted
‘‘the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person’’ for
‘‘any naturalization court, by or in which a person has
been naturalized, to correct, reopen, alter, modify, or
vacate its judgment or decree naturalizing such person,
during the term of such court or within the time prescribed by the rules of procedure or statutes governing
the jurisdiction of the court to take such action’’.
1988—Subsec. (c). Pub. L. 100–525, § 9(dd)(1), substituted ‘‘December 24, 1952’’ for ‘‘the effective date of
this chapter’’.
Subsecs. (e) to (j). Pub. L. 100–525, § 9(dd)(2), (3), redesignated former subsecs. (f) to (j) as (e) to (i), respectively, and struck out former subsec. (e) which read as
follows: ‘‘The revocation and setting aside of the order
admitting any person to citizenship and canceling his
certificate of naturalization under the provisions of
subsection (a) of section 338 of the Nationality Act of
1940 shall not, where such action takes place after the
effective date of this chapter, result in the loss of citizenship or any right or privilege of citizenship which
would have been derived by or been available to a wife
or minor child of the naturalized person had such naturalization not been revoked: Provided, That this subsection shall not apply in any case in which the revocation and setting aside of the order was the result of actual fraud.’’
1986—Subsec. (d). Pub. L. 99–653 substituted ‘‘one
year’’ for ‘‘five years’’.
1961—Subsec. (a). Pub. L. 87–301, § 18(a), inserted
‘‘were illegally procured or’’ after ‘‘that such order and
certificate of naturalization’’.

Section 23(f) of Pub. L. 99–653, as added by Pub. L.
100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
‘‘The amendment made by section 17 [amending this
section] shall not apply to individuals who have taken
up permanent residence outside the United States before November 14, 1986.’’
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.

§ 1452. Certificates of citizenship or U.S. non-citizen national status; procedure
(a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance
A person who claims to have derived United
States citizenship through the naturalization of
a parent or through the naturalization or citizenship of a husband, or who is a citizen of the
United States by virtue of the provisions of section 1993 of the United States Revised Statutes,
or of section 1993 of the United States Revised
Statutes, as amended by section 1 of the Act of
May 24, 1934 (48 Stat. 797), or who is a citizen of
the United States by virtue of the provisions of
subsection (c), (d), (e), (g), or (i) of section 201 of
the Nationality Act of 1940, as amended (54 Stat.
1138), or of the Act of May 7, 1934 (48 Stat. 667),
or of paragraph (c), (d), (e), or (g) of section 1401
of this title, or under the provisions of the Act
of August 4, 1937 (50 Stat. 558), or under the provisions of section 203 or 205 of the Nationality
Act of 1940 (54 Stat. 1139), or under the provisions of section 1403 of this title, may apply to
the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and
that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may
be, and upon taking and subscribing before a
member of the Service within the United States
to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if
such individual is at the time within the United
States.
(b) Application to Secretary of State for certificate of non-citizen national status; proof;
oath of allegiance
A person who claims to be a national, but not
a citizen, of the United States may apply to the
Secretary of State for a certificate of non-citizen national status. Upon—
(1) proof to the satisfaction of the Secretary
of State that the applicant is a national, but
not a citizen, of the United States, and

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TITLE 8—ALIENS AND NATIONALITY

(2) in the case of such a person born outside
of the United States or its outlying possessions, taking and subscribing, before an immigration officer within the United States or its
outlying possessions, to the oath of allegiance
required by this chapter of a petitioner for
naturalization,
the individual shall be furnished by the Secretary of State with a certificate of non-citizen
national status, but only if the individual is at
the time within the United States or its outlying possessions.
(June 27, 1952, ch. 477, title III, ch. 2, § 341, 66
Stat. 263; Pub. L. 97–116, § 18(p), Dec. 29, 1981, 95
Stat. 1621; Pub. L. 99–396, § 16(a), Aug. 27, 1986, 100
Stat. 843; Pub. L. 99–653, § 22, Nov. 14, 1986, 100
Stat. 3658; Pub. L. 100–525, § 8(q), Oct. 24, 1988, 102
Stat. 2618; Pub. L. 102–232, title III, § 305(m)(8),
Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103–416, title
I, § 102(b), Oct. 25, 1994, 108 Stat. 4307.)
REFERENCES IN TEXT
Section 1993 of the Revised Statutes, referred to in
subsec. (a), which was classified to section 6 of this
title, was repealed by act Oct. 14, 1940, ch. 876, title I,
subch. V, § 504, 54 Stat. 1172.
The Nationality Act of 1940, referred to in subsec. (a),
is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended.
Sections 201, 203, and 205 of the Nationality Act of 1940,
which were classified to sections 601, 603, and 605, respectively, of this title, were repealed by section
403(a)(42) of act June 27, 1952.
Act May 7, 1934 (48 Stat. 667), referred to in subsec.
(a), which was classified to sections 3b and 3c of this
title, was omitted from the Code.
Act Aug. 4, 1937, referred to in subsec. (a), which was
classified to sections 5d and 5e of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V,
§ 504, 54 Stat. 1172.
This chapter, referred to in subsecs. (a) and (b)(2), was
in the original, ‘‘this Act’’, meaning act June 27, 1952,
ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–416 struck out subsec.
(c) which related to application to Attorney General for
certificate of citizenship for adopted child.
1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘an applicant’’ for ‘‘a petitioner’’.
1988—Subsec. (c). Pub. L. 100–525 amended Pub. L.
99–653. See 1986 Amendment note below.
1986—Pub. L. 99–396, § 16(a)(1), inserted reference to
certificates of non-citizen national status in section
catchline.
Subsecs. (a), (b). Pub. L. 99–396, § 16(a)(2), (3), designated existing provisions as subsec. (a) and added
subsec. (b).
Subsec. (c). Pub. L. 99–653, as amended by Pub. L.
100–525, added subsec. (c).
1981—Pub. L. 97–116 substituted ‘‘(c), (d), (e), or (g) of
section 1401’’ for ‘‘(3), (4), (5), or (7) of section 1401(a)’’.

§ 1453

cluded in section 407(d) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in the enactment of the Immigration and Nationality
Act Amendments of 1986, Pub. L. 99–653, see section
309(b)(15) of Pub. L. 102–232, set out as an Effective and
Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.
CERTIFICATES OF NON-CITIZEN NATIONAL STATUS; $35
LIMIT ON FEES FOR PROCESSING APPLICATIONS FILED
BEFORE END OF FISCAL YEAR 1987
Section 16(c) of Pub. L. 99–396 provided that: ‘‘The
Secretary of State may not impose a fee exceeding $35
for the processing of an application for a certificate of
non-citizen national status under section 341(b) of the
Immigration and Nationality Act [8 U.S.C. 1452(b)] filed
before the end of fiscal year 1987.’’

§ 1453. Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status
The Attorney General is authorized to cancel
any certificate of citizenship, certificate of naturalization, copy of a declaration of intention,
or other certificate, document or record heretofore issued or made by the Commissioner or a
Deputy Commissioner or hereafter made by the
Attorney General if it shall appear to the Attorney General’s satisfaction that such document
or record was illegally or fraudulently obtained
from, or was created through illegality or by
fraud practiced upon, him or the Commissioner
or a Deputy Commissioner; but the person for or
to whom such document or record has been issued or made shall be given at such person’s
last-known place of address written notice of
the intention to cancel such document or record
with the reasons therefor and shall be given at
least sixty days in which to show cause why
such document or record should not be canceled.
The cancellation under this section of any document purporting to show the citizenship status
of the person to whom it was issued shall affect
only the document and not the citizenship
status of the person in whose name the document was issued.
(June 27, 1952, ch. 477, title III, ch. 2, § 342, 66
Stat. 263.)

EFFECTIVE DATE OF 1994 AMENDMENT

EFFECTIVE DATE

Amendment by Pub. L. 103–416 effective on the first
day of the first month beginning more than 120 days
after Oct. 25, 1994, see section 102(d) of Pub. L. 103–416,
set out as a note under section 1433 of this act.

Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS

Section 305(m) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if in-

For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related

§ 1454

TITLE 8—ALIENS AND NATIONALITY

Page 462

references, see note set out under section 1551 of this
title.

references, see note set out under section 1551 of this
title.

§ 1454. Documents and copies issued by Attorney
General

§ 1455. Fiscal provisions

(a) If any certificate of naturalization or citizenship issued to any citizen or any declaration
of intention furnished to any declarant is lost,
mutilated, or destroyed, the citizen or declarant
may make application to the Attorney General
for a new certificate or declaration. If the Attorney General finds that the certificate or declaration is lost, mutilated, or destroyed, he shall
issue to the applicant a new certificate or declaration. If the certificate or declaration has
been mutilated, it shall be surrendered to the
Attorney General before the applicant may receive such new certificate or declaration. If the
certificate or declaration has been lost, the applicant or any other person who shall have, or
may come into possession of it is required to
surrender it to the Attorney General.
(b) The Attorney General shall issue for any
naturalized citizen, on such citizen’s application
therefor, a special certificate of naturalization
for use by such citizen only for the purpose of
obtaining recognition as a citizen of the United
States by a foreign state. Such certificate when
issued shall be furnished to the Secretary of
State for transmission to the proper authority
in such foreign state.
(c) If the name of any naturalized citizen has,
subsequent to naturalization, been changed by
order of any court of competent jurisdiction, or
by marriage, the citizen may make application
for a new certificate of naturalization in the
new name of such citizen. If the Attorney General finds the name of the applicant to have
been changed as claimed, the Attorney General
shall issue to the applicant a new certificate and
shall notify the naturalization court of such action.
(d) The Attorney General is authorized to
make and issue certifications of any part of the
naturalization records of any court, or of any
certificate of naturalization or citizenship, for
use in complying with any statute, State or Federal, or in any judicial proceeding. No such certification shall be made by any clerk of court
except upon order of the court.
(June 27, 1952, ch. 477, title III, ch. 2, § 343, 66
Stat. 263; Pub. L. 100–525, § 9(ee), Oct. 24, 1988, 102
Stat. 2621.)
AMENDMENTS
1988—Pub. L. 100–525 redesignated subsecs. (b) to (e)
as (a) to (d), respectively, and struck out former subsec.
(a) which read as follows: ‘‘A person who claims to have
been naturalized in the United States under section 323
of the Nationality Act of 1940 may make application to
the Attorney General for a certificate of naturalization. Upon proof to the satisfaction of the Attorney
General that the applicant is a citizen and that he has
been naturalized as claimed in the application, such individual shall be furnished a certificate of naturalization by the Attorney General, but only if the applicant
is at the time within the United States.’’
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related

(a) The Attorney General shall charge, collect,
and account for fees prescribed by the Attorney
General pursuant to section 9701 of title 31 for
the following:
(1) Making, filing, and docketing an application for naturalization, including the hearing
on such application, if such hearing be held,
and a certificate of naturalization, if the issuance of such certificate is authorized by the
Attorney General.
(2) Receiving and filing a declaration of intention, and issuing a duplicate thereof.
(b) Notwithstanding the provisions of this
chapter or any other law, no fee shall be charged
or collected for an application for declaration of
intention or a certificate of naturalization in
lieu of a declaration or a certificate alleged to
have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any
time after April 20, 1898, and before July 5, 1902;
or at any time after April 5, 1917, and before November 12, 1918; or who served on the Mexican
border as a member of the Regular Army or National Guard between June 1916 and April 1917;
or who has served or hereafter serves in the
military, air, or naval forces of the United
States after September 16, 1940, and who was not
at any time during such period or thereafter
separated from such forces under other than
honorable conditions, who was not a conscientious objector who performed no military duty
whatever or refused to wear the uniform, or who
was not at any time during such period or thereafter discharged from such military, air, or
naval forces on account of alienage.
(c) Except as provided by section 1356(q)(2) of
this title or any other law, all fees collected by
the Attorney General shall be deposited by the
Attorney General in the Treasury of the United
States except that all such fees collected or paid
over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this
title: Provided, however, That all fees received by
the Attorney General from applicants residing
in the Virgin Islands of the United States, and
in Guam, under this subchapter, shall be paid
over to the treasury of the Virgin Islands and to
the treasury of Guam, respectively.
(d) During the time when the United States is
at war the Attorney General may not charge or
collect a naturalization fee from an alien in the
military, air, or naval service of the United
States for filing an application for naturalization or issuing a certificate of naturalization
upon admission to citizenship.
(e) In addition to the other fees required by
this subchapter, the applicant for naturalization
shall, upon the filing of an application for naturalization, deposit with and pay to the Attorney
General a sum of money sufficient to cover the
expenses of subpenaing and paying the legal fees
of any witnesses for whom such applicant may
request a subpena, and upon the final discharge
of such witnesses, they shall receive, if they de-

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TITLE 8—ALIENS AND NATIONALITY

mand the same from the Attorney General, the
customary and usual witness fees from the moneys which the applicant shall have paid to the
Attorney General for such purpose, and the residue, if any, shall be returned by the Attorney
General to the applicant.
(f)(1) The Attorney General shall pay over to
courts administering oaths of allegiance to persons under this subchapter a specified percentage of all fees described in subsection (a)(1) of
this section collected by the Attorney General
with respect to persons administered the oath of
allegiance by the respective courts. The Attorney General, annually and in consultation with
the courts, shall determine the specified percentage based on the proportion, of the total
costs incurred by the Service and courts for essential services directly related to the naturalization process, which are incurred by courts.
(2) The Attorney General shall provide on an
annual basis to the Committees on the Judiciary of the House of Representatives and of the
Senate a detailed report on the use of the fees
described in paragraph (1) and shall consult with
such Committees before increasing such fees.
(June 27, 1952, ch. 477, title III, ch. 2, § 344, 66
Stat. 264; Pub. L. 85–508, § 26, July 7, 1958, 72 Stat.
351; Pub. L. 90–609, § 3, Oct. 21, 1968, 82 Stat. 1200;
Pub. L. 97–116, § 16, Dec. 29, 1981, 95 Stat. 1619;
Pub. L. 100–459, title II, § 209(b), Oct. 1, 1988, 102
Stat. 2203; Pub. L. 100–525, § 9(ff), Oct. 24, 1988, 102
Stat. 2621; Pub. L. 101–649, title IV, § 407(c)(20),
(d)(19), Nov. 29, 1990, 104 Stat. 5041, 5046; Pub. L.
102–232, title I, § 102(b)(3), title III, §§ 305(l),
309(a)(1)(A)(ii), (b)(14), Dec. 12, 1991, 105 Stat.
1736, 1750, 1758, 1759; Pub. L. 107–273, div. C, title
I, § 11016(1), Nov. 2, 2002, 116 Stat. 1824.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–273 substituted ‘‘Except
as provided by section 1356(q)(2) of this title or any
other law, all’’ for ‘‘All’’.
1991—Subsec. (a). Pub. L. 102–232, § 305(l), made technical correction to Pub. L. 101–649, § 407(d)(19)(A)(i). See
1990 Amendment note below.
Subsec. (c). Pub. L. 102–232, § 309(b)(14), which provided for a clarifying amendment to subsec. (c), could
not be executed, because the phrase which was to be
amended did not appear after the amendment by Pub.
L. 102–232, § 309(a)(1)(A)(ii), see below.
Pub. L. 102–232, § 309(a)(1)(A)(ii), amended Pub. L.
100–459. See 1988 Amendment note for subsec. (g) below.
Subsec. (f). Pub. L. 102–232, § 102(b)(3), added subsec.
(f).
1990—Subsec. (a). Pub. L. 101–649, § 407(d)(19)(A)(i), as
amended by Pub. L. 102–232, § 305(l), substituted ‘‘The
Attorney General’’ for ‘‘The clerk of court’’.
Subsec.
(a)(1).
Pub.
L.
101–649,
§ 407(c)(20),
(d)(19)(A)(ii), (iii), substituted ‘‘an application’’ for ‘‘a
petition’’ and ‘‘application’’ for ‘‘petition’’, struck out
‘‘final’’ before ‘‘hearing’’, and substituted ‘‘the Attorney General’’ for ‘‘the naturalization court’’.
Subsec. (c). Pub. L. 101–649, § 407(d)(19)(B), (C), (F), redesignated subsec. (g) as (c), struck out ‘‘, and all fees
paid over to the Attorney General by clerks of courts

§ 1455

under the provisions of this subchapter,’’ before ‘‘shall
be deposited by’’ and ‘‘or by the clerks of the courts’’
before ‘‘from applicants residing in’’, and struck out
former subsec. (c) which read as follows: ‘‘The clerk of
any naturalization court specified in subsection (a) of
section 1421 of this title (except the courts specified in
subsection (d) of this section) shall account for and pay
over to the Attorney General one-half of all fees up to
the sum of $40,000, and all fees in excess of $40,000, collected by any such clerk in naturalization proceedings
in any fiscal year.’’
Subsec. (d). Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (D),
(F), redesignated subsec. (h) as (d), substituted ‘‘the Attorney General may not’’ for ‘‘no clerk of a United
States court shall’’ and ‘‘an application’’ for ‘‘a petition’’, struck out before period at end ‘‘, and no clerk
of any State court shall charge or collect any fee for
such services unless the laws of the State require such
charge to be made, in which case nothing more than
the portion of the fee required to be paid to the State
shall be charged or collected. A report of all transactions under this subsection shall be made to the Attorney General as in the case of other reports required
of clerks of courts by this subchapter’’ and struck out
former subsec. (d) which read as follows: ‘‘The clerk of
any United States district court (except in the District
Court of the Virgin Islands of the United States and in
the District Court of Guam) shall account for and pay
over to the Attorney General all fees collected by any
such clerk in naturalization proceedings: Provided, however, That the clerk of the District Court of the Virgin
Islands of the United States and of the District Court
of Guam shall report but shall not be required to pay
over to the Attorney General the fees collected by any
such clerk in naturalization proceedings.’’
Subsec. (e). Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (E),
(F), redesignated subsec. (i) as (e), substituted ‘‘an application’’ for ‘‘a petition’’ and ‘‘applicant’’ for ‘‘petitioner’’ wherever appearing, substituted references to
Attorney General for references to clerk of court wherever appearing, and struck out former subsec. (e) which
read as follows: ‘‘The accounting required by subsections (c) and (d) of this section shall be made and
the fees paid over to the Attorney General by such respective clerks in their quarterly accounts which they
are required to render to the Attorney General within
thirty days from the close of each quarter of each and
every fiscal year, in accordance with regulations prescribed by the Attorney General.’’
Subsec. (f). Pub. L. 101–649, § 407(d)(19)(B), struck out
subsec. (f) which read as follows: ‘‘The clerks of the
various naturalization courts shall pay all additional
clerical force that may be required in performing the
duties imposed by this subchapter upon clerks of courts
from fees retained under the provisions of this section
by such clerks in naturalization proceedings.’’
Subsecs. (g) to (i). Pub. L. 101–649, § 407(d)(19)(F), redesignated subsecs. (g) to (i) as (c) to (e), respectively.
1988—Subsec. (a). Pub. L. 100–525 substituted ‘‘section
9701 of title 31’’ for ‘‘title V of the Independent Offices
Appropriation Act, 1952 (65 Stat. 290)’’ in introductory
provisions.
Subsec. (g). Pub. L. 100–459, as amended by Pub. L.
102–232, § 309(a)(1)(A)(ii), inserted ‘‘except that all such
fees collected or paid over on or after October 1, 1988,
shall be deposited in the Immigration Examinations
Fee Account established under section 1356(m) of this
title’’ after ‘‘Treasury of the United States’’.
1981—Subsec. (c). Pub. L. 97–116 substituted ‘‘$40,000’’
for ‘‘$6,000’’ in two places.
1968—Subsec. (a). Pub. L. 90–609 inserted reference to
section 483a of title 31 and substituted provisions making reference to setting of fees by Attorney General for
provisions establishing fees of $10 and $5 respectively
for covered services.
Subsec. (b). Pub. L. 90–609 struck out provisions setting fixed dollar amounts for specified services to be
charged, collected, and accounted for by Attorney General.
Subsec. (g). Pub. L. 90–609 substituted fees received
under this subchapter for fees received under subsec. (b)

§ 1456

TITLE 8—ALIENS AND NATIONALITY

of this section as description of fees received from applicants residing in the Virgin Islands of the United
States and in Guam which are turned over to the treasury of the Virgin Islands and Guam respectively.
1958—Subsec. (d). Pub. L. 85–508 struck out ‘‘in Alaska
and’’ before ‘‘in the District Court of the Virgin Islands’’.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of
Pub. L. 102–232, set out as a note under section 1421 of
this title.
Amendment by section 305(l) 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.
Amendment by section 309(a)(1)(A)(ii) of Pub. L.
102–232 effective as if included in the enactment of the
Department of Justice Appropriations Act, 1989, Pub.
L. 100–459, title II, see section 309(a)(3) of Pub. L.
102–232, as amended, set out as a note under section 1356
of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 applicable to fiscal
years beginning on or after Oct. 1, 1981, see section
21(b)(2) of Pub. L. 97–116, set out as a note under section
1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS

Page 464

§ 1458. Compilation of naturalization statistics
and payment for equipment
The Attorney General is authorized and directed to prepare from the records in the custody of the Service a report upon those heretofore seeking citizenship to show by nationalities their relation to the numbers of aliens annually arriving and to the prevailing census populations of the foreign-born, their economic, vocational, and other classification, in statistical
form, with analytical comment thereon, and to
prepare such report annually hereafter. Payment for the equipment used in preparing such
compilation shall be made from the appropriation for the enforcement of this chapter by the
Service.
(June 27, 1952, ch. 477, title III, ch. 2, § 347, 66
Stat. 266.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
EFFECTIVE DATE

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.

Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.

ADMISSION OF ALASKA AS STATE

ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS

Effectiveness of amendment of this section by Pub. L.
85–508 was dependent on admission of Alaska into the
Union under section 8(b) of Pub. L. 85–508. Admission
was accomplished Jan. 3, 1959 on issuance of Proc. No.
3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by
sections 1 and 8(c) of Pub. L. 85–508. See notes preceding
former section 21 of Title 48, Territories and Insular
Possessions.

§ 1456. Repealed. Pub. L. 86–682, § 12(c), Sept. 2,
1960, 74 Stat. 708, eff. Sept. 1, 1960
Section, act June 27, 1952, ch. 477, title III, ch. 2, § 345,
66 Stat. 266, related to free transmittal of official mail
in naturalization matters. See section 3202 of Title 39,
Postal Service.

§ 1457. Publication and distribution of citizenship textbooks; use of naturalization fees
Authorization is granted for the publication
and distribution of the citizenship textbook described in subsection (b) of section 1443 of this
title and for the reimbursement of the appropriation of the Department of Justice upon the
records of the Treasury Department from the
naturalization fees deposited in the Treasury
through the Service for the cost of such publication and distribution, such reimbursement to be
made upon statements by the Attorney General
of books so published and distributed.
(June 27, 1952, ch. 477, title III, ch. 2, § 346, 66
Stat. 266.)
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.

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.

§ 1459. Repealed. Pub. L. 101–649, title
§ 407(d)(20), Nov. 29, 1990, 104 Stat. 5046

IV,

Section, acts June 27, 1952, ch. 477, title III, ch. 2,
§ 348, 66 Stat. 267; Oct. 24, 1988, Pub. L. 100–525, § 9(gg),
102 Stat. 2622, related to admissibility in evidence of
statements voluntarily made to officers and employees
in course of their official duties and penalties for failure of clerk of court to perform duties.

PART III—LOSS OF NATIONALITY
§ 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of
proof; presumptions
(a) A person who is a national of the United
States whether by birth or naturalization, shall
lose his nationality by voluntarily performing
any of the following acts with the intention of
relinquishing United States nationality—
(1) obtaining naturalization in a foreign
state upon his own application or upon an application filed by a duly authorized agent,
after having attained the age of eighteen
years; or
(2) taking an oath or making an affirmation
or other formal declaration of allegiance to a
foreign state or a political subdivision thereof,
after having attained the age of eighteen
years; or
(3) entering, or serving in, the armed forces
of a foreign state if (A) such armed forces are
engaged in hostilities against the United

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TITLE 8—ALIENS AND NATIONALITY

States, or (B) such persons serve as a commissioned or non-commissioned officer; or
(4)(A) accepting, serving in, or performing
the duties of any office, post, or employment
under the government of a foreign state or a
political subdivision thereof, after attaining
the age of eighteen years if he has or acquires
the nationality of such foreign state; or (B) accepting, serving in, or performing the duties of
any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of
eighteen years for which office, post, or employment an oath, affirmation, or declaration
of allegiance is required; or
(5) making a formal renunciation of nationality before a diplomatic or consular officer of
the United States in a foreign state, in such
form as may be prescribed by the Secretary of
State; or
(6) making in the United States a formal
written renunciation of nationality in such
form as may be prescribed by, and before such
officer as may be designated by, the Attorney
General, whenever the United States shall be
in a state of war and the Attorney General
shall approve such renunciation as not contrary to the interests of national defense; or
(7) committing any act of treason against, or
attempting by force to overthrow, or bearing
arms against, the United States, violating or
conspiring to violate any of the provisions of
section 2383 of title 18, or willfully performing
any act in violation of section 2385 of title 18,
or violating section 2384 of title 18 by engaging
in a conspiracy to overthrow, put down, or to
destroy by force the Government of the United
States, or to levy war against them, if and
when he is convicted thereof by a court martial or by a court of competent jurisdiction.
(b) Whenever the loss of United States nationality is put in issue in any action or proceeding
commenced on or after September 26, 1961 under,
or by virtue of, the provisions of this chapter or
any other Act, the burden shall be upon the person or party claiming that such loss occurred, to
establish such claim by a preponderance of the
evidence. Any person who commits or performs,
or who has committed or performed, any act of
expatriation under the provisions of this chapter
or any other Act shall be presumed to have done
so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of
the evidence, that the act or acts committed or
performed were not done voluntarily.
(June 27, 1952, ch. 477, title III, ch. 3, § 349, 66
Stat. 267; Sept. 3, 1954, ch. 1256, § 2, 68 Stat. 1146;
Pub. L. 87–301, § 19, Sept. 26, 1961, 75 Stat. 656;
Pub. L. 94–412, title V, § 501(a), Sept. 14, 1976, 90
Stat. 1258; Pub. L. 95–432, §§ 2, 4, Oct. 10, 1978, 92
Stat. 1046; Pub. L. 97–116, § 18(k)(2), (q), Dec. 29,
1981, 95 Stat. 1620, 1621; Pub. L. 99–653, §§ 18, 19,
Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100–525,
§§ 8(m), (n), 9(hh), Oct. 24, 1988, 102 Stat. 2618,
2622.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original a reference to this Act, meaning act June 27,
1952, ch. 477, 66 Stat. 163, known as the Immigration and

§ 1481

Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–525, § 9(hh), substituted
‘‘A person’’ for ‘‘From and after the effective date of
this chapter a person’’.
Subsecs. (a) to (c). Pub. L. 100–525, § 8(m), (n), amended Pub. L. 99–653. See 1986 Amendment notes below.
1986—Subsec. (a). Pub. L. 99–653, § 18(a), as amended by
Pub. L. 100–525, § 8(m)(1), inserted ‘‘voluntarily performing any of the following acts with the intention of relinquishing United States nationality’’ after ‘‘his nationality by’’.
Subsec. (a)(1). Pub. L. 99–653, § 18(b), substituted ‘‘or
upon an application filed by a duly authorized agent,
after having attained the age of eighteen years’’ for
‘‘upon an application filed in his behalf by a parent,
guardian, or duly authorized agent, or through the naturalization of a parent having legal custody of such
person: Provided That nationality shall not be lost by
any person under this section as the result of the naturalization of a parent or parents while such person is
under the age of twenty-one years, or as the result of
a naturalization obtained on behalf of a person under
twenty-one years of age by a parent, guardian, or duly
authorized agent, unless such person shall fail to enter
the United States to establish a permanent residence
prior to his twenty-fifth birthday: And provided further,
That a person who shall have lost nationality prior to
January 1, 1948, through the naturalization in a foreign
state of a parent or parents, may, within one year from
the effective date of this chapter, apply for a visa and
for admission to the United States as a special immigrant under the provisions of section 1101(a)(27)(E) of
this title’’.
Subsec. (a)(2). Pub. L. 99–653, § 18(c), inserted ‘‘, after
having attained the age of eighteen years’’ after ‘‘political subdivision thereof’’.
Subsec. (a)(3). Pub. L. 99–653, § 18(d), as amended by
Pub. L. 100–525, § 8(m)(2), substituted ‘‘if (A) such armed
forces are engaged in hostilities against the United
States, or (B) such persons serve as a commissioned or
non-commissioned officer; or’’ for ‘‘unless, prior to such
entry or service, such entry or service is specifically
authorized in writing by the Secretary of State and the
Secretary of Defense: Provided, That the entry into
such service by a person prior to the attainment of his
eighteenth birthday shall serve to expatriate such person only if there exists an option to secure a release
from such service and such person fails to exercise such
option at the attainment of his eighteenth birthday;
or’’.
Subsec. (a)(4). Pub. L. 99–653, § 18(e), (f), as amended
by Pub. L. 100–525, § 8(m)(3), inserted ‘‘after attaining
the age of eighteen years’’ after ‘‘political subdivision
thereof,’’ in subpars. (A) and (B).
Subsecs. (b), (c). Pub. L. 99–653, § 19, as amended by
Pub. L. 100–525, § 8(n), redesignated former subsec. (c) as
(b) and substituted ‘‘Any’’ for ‘‘Except as provided in
subsection (b) of this section, any’’, and struck out
former subsec. (b) which read as follows: ‘‘Any person
who commits or performs any act specified in subsection (a) of this section shall be conclusively presumed to have done so voluntarily and without having
been subjected to duress of any kind, if such person at
the time of the act was a national of the state in which
the act was performed and had been physically present
in such state for a period or periods totaling ten years
or more immediately prior to such act.’’
1981—Subsec. (a). Pub. L. 97–116 struck out ‘‘(a)’’ designation as added by section 4 of Pub. L. 95–432, which
was not executed since it would have resulted in a subsec. (a) designation of ‘‘(a)(a)’’, and substituted in par.
(1) ‘‘special immigrant’’ for ‘‘nonquota immigrant’’.
1978—Subsec. (a)(5). Pub. L. 95–432, §§ 2, 4, redesignated par. (6) as (5). Former par. (5), which dealt with
expatriation of persons who voted in a political elec-

§ 1482

TITLE 8—ALIENS AND NATIONALITY

tion in a foreign state or participated in an election or
plebiscite to determine sovereignty over foreign territory, was struck out.
Subsec. (a)(6), (7). Pub. L. 95–432, § 4, redesignated
pars. (7) and (9) as (6) and (7), respectively. Former pars.
(6) and (7) redesignated (5) and (6), respectively.
Subsec. (a)(8). Pub. L. 95–432, § 2, struck out par. (8)
which dealt with expatriation of persons who were dismissed or dishonorably discharged as result of deserting the military, air, or naval forces of the United
States in time of war.
Subsec. (a)(9). Pub. L. 95–432, § 4, redesignated par. (9)
as (7).
1976—Subsec. (a)(10). Pub. L. 94–412 struck out par.
(10) which dealt with the expatriation of persons who
remained outside of the jurisdiction of the United
States in time of war or national emergency to avoid
service in the military.
1961—Subsec. (c). Pub. L. 87–301 added subsec. (c).
1954—Subsec. (a)(9). Act Sept. 3, 1954, provided for forfeiture of citizenship of persons advocating the overthrow of the Government by force or violence.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 8(m), (n) of Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L.
99–653, see section 309(b)(15) of Pub. L. 102–232, set out
as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 23(g) of Pub. L. 99–653, as added by Pub. L.
100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
‘‘The amendments made by sections 18, 19, and 20
[amending this section and section 1483 of this title]
shall apply to actions taken before, on, or after November 14, 1986.’’
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
SHORT TITLE
Section 1 of act Sept. 3, 1954, provided: ‘‘That this Act
[amending this section] may be cited as the ‘Expatriation Act of 1954’.’’
SAVINGS PROVISION
Amendment by Pub. L. 94–412 not to affect any action
taken or proceeding pending at the time of amendment,
see section 501(h) of Pub. L. 94–412, set out as a note
under section 1601 of Title 50, War and National Defense.
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.
RIGHT OF EXPATRIATION
R.S. § 1999 provided that: ‘‘Whereas the right of expatriation is a natural and inherent right of all people,
indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the
recognition of this principle this Government has freely received emigrants from all nations, and invested
them with the rights of citizenship; and whereas it is
claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is
necessary to the maintenance of public peace that this
claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the

Page 466

United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent
with the fundamental principles of the Republic.’’

§ 1482. Repealed. Pub. L. 95–432, § 1, Oct. 10, 1978,
92 Stat. 1046
Section, act June 27, 1952, ch. 477, title III, ch. 3, § 350,
66 Stat. 269, provided that an individual with dual nationality who voluntarily claims the benefits of the
foreign state nationality loses his United States nationality by having continuous residence in the foreign
state for 3 years after having attained 22 years of age
unless prior to the 3 year period he takes an oath of allegiance to the United States, or his residence in the
foreign state was for a reason specified in section
1485(1), (2), (4), (5), (6), (7), or (8) of this title or section
1486(1) or (2) of this title.
EFFECTIVE DATE OF REPEAL
Section 1 of Pub. L. 95–432 provided that repeal of this
section is effective Oct. 10, 1978.

§ 1483. Restrictions on loss of nationality
(a) Except as provided in paragraphs (6) and (7)
of section 1481(a) of this title, no national of the
United States can lose United States nationality under this chapter while within the United
States or any of its outlying possessions, but
loss of nationality shall result from the performance within the United States or any of its
outlying possessions of any of the acts or the
fulfillment of any of the conditions specified in
this Part if and when the national thereafter
takes up a residence outside the United States
and its outlying possessions.
(b) A national who within six months after attaining the age of eighteen years asserts his
claim to United States nationality, in such
manner as the Secretary of State shall by regulation prescribe, shall not be deemed to have
lost United States nationality by the commission, prior to his eighteenth birthday, of any of
the acts specified in paragraphs (3) and (5) of
section 1481(a) of this title.
(June 27, 1952, ch. 477, title III, ch. 3, § 351, 66
Stat. 269; Pub. L. 97–116, § 18(r), Dec. 29, 1981, 95
Stat. 1621; Pub. L. 99–653, § 20, Nov. 14, 1986, 100
Stat. 3658; Pub. L. 100–525, § 8(o), Oct. 24, 1988, 102
Stat. 2618; Pub. L. 103–416, title I, § 105(a), Oct. 25,
1994, 108 Stat. 4308; Pub. L. 104–208, div. C, title
VI, § 671(b)(3), Sept. 30, 1996, 110 Stat. 3009–721.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208 struck out comma
after ‘‘United States nationality’’.
1994—Pub. L. 103–416 in section catchline substituted
‘‘loss of nationality’’ for ‘‘expatriation’’, in subsec. (a)
substituted ‘‘lose United States nationality’’ for ‘‘expatriate himself, or be expatriated’’ and ‘‘loss of nationality’’ for ‘‘expatriation’’, and in subsec. (b) substituted
‘‘lost United States nationality’’ for ‘‘expatriated himself’’.
1988—Subsec. (b). Pub. L. 100–525 amended Pub. L.
99–653. See 1986 Amendment note below.
1986—Subsec. (b). Pub. L. 99–653, as amended by Pub.
L. 100–525, substituted ‘‘paragraphs (3)’’ for ‘‘paragraphs
(2), (4),’’.

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TITLE 8—ALIENS AND NATIONALITY

1981—Subsec. (a). Pub. L. 97–116, § 18(r)(1), substituted
‘‘paragraphs (6) and (7) of section 1481(a)’’ for ‘‘paragraphs (7), (8), and (9) of section 1481’’.
Subsec. (b). Pub. L. 97–116, § 18(r)(2), substituted ‘‘and
(5)’’ for ‘‘(5), and (6)’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective as if included
in the enactment of the Immigration and Nationality
Technical Corrections Act of 1994, Pub. L. 103–416, see
section 671(b)(14) of Pub. L. 104–208, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in the enactment of the Immigration and Nationality
Act Amendments of 1986, Pub. L. 99–653, see section
309(b)(15) of Pub. L. 102–232, set out as an Effective and
Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–653 applicable to actions
taken before, on, or after Nov. 14, 1986, see section 23(g)
of Pub. L. 99–653, set out as a note under section 1481 of
this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
RIGHT OF EXPATRIATION
Provisions preserving the right and disavowal of foreign allegiance, see note under section 1481 of this title.

§§ 1484 to 1487. Repealed. Pub. L. 95–432, § 2, Oct.
10, 1978, 92 Stat. 1046
Section 1484, act June 27, 1952, ch. 477, title III, ch. 3,
§ 352, 66 Stat. 269, related to loss of nationality by naturalized national by continuous residence for 3 years in
the territory or foreign state of which the individual
was a former national or in which his place of birth was
situated or continuous residence for 5 years in any
other foreign state or states.
Section 1485, acts June 27, 1952, ch. 477, title III, ch.
3, § 353, 66 Stat. 270; Aug. 4, 1959, Pub. L. 86–129, § 1, 73
Stat. 274, provided exceptions for certain persons from
loss of nationality pursuant to section 1484.
Section 1486, acts June 27, 1952, ch. 477, title III, ch.
3, § 354, 66 Stat. 271; Aug. 4, 1959, Pub. L. 86–129, §§ 2, 3,
73 Stat. 274; Sept. 26, 1961, Pub. L. 87–301, § 20, 75 Stat.
656, provided exceptions for certain persons from loss of
nationality by continuous residence for five years in
any foreign country of which the individual was not a
national or in which his place of birth was situated.
Section 1487, act June 27, 1952, ch. 477, title III, ch. 3,
§ 355, 66 Stat. 272, related to loss of American nationality through expatriation of parents.

§ 1488. Nationality lost solely from performance
of acts or fulfillment of conditions
The loss of nationality under this part shall
result solely from the performance by a national
of the acts or fulfillment of the conditions specified in this part.
(June 27, 1952, ch. 477, title III, ch. 3, § 356, 66
Stat. 272.)
§ 1489. Application of treaties; exceptions
Nothing in this subchapter shall be applied in
contravention of the provisions of any treaty or
convention to which the United States is a party
and which has been ratified by the Senate before
December 25, 1952: Provided, however, That no

§ 1501

woman who was a national of the United States
shall be deemed to have lost her nationality
solely by reason of her marriage to an alien on
or after September 22, 1922, or to an alien racially ineligible to citizenship on or after March
3, 1931, or, in the case of a woman who was a
United States citizen at birth, through residence
abroad following such marriage, notwithstanding the provisions of any existing treaty or convention.
(June 27, 1952, ch. 477, title III, ch. 3, § 357, 66
Stat. 272; Pub. L. 100–525, § 9(ii), Oct. 24, 1988, 102
Stat. 2622.)
AMENDMENTS
1988—Pub. L. 100–525 substituted ‘‘before December 25,
1952’’ for ‘‘upon the effective date of this subchapter’’.

PART IV—MISCELLANEOUS
§ 1501. Certificate of diplomatic or consular officer of United States as to loss of American
nationality
Whenever a diplomatic or consular officer of
the United States has reason to believe that a
person while in a foreign state has lost his
United States nationality under any provision of
part III of this subchapter, or under any provision of chapter IV of the Nationality Act of 1940,
as amended, he shall certify the facts upon
which such belief is based to the Department of
State, in writing, under regulations prescribed
by the Secretary of State. If the report of the
diplomatic or consular officer is approved by the
Secretary of State, a copy of the certificate
shall be forwarded to the Attorney General, for
his information, and the diplomatic or consular
office in which the report was made shall be directed to forward a copy of the certificate to the
person to whom it relates. Approval by the Secretary of State of a certificate under this section shall constitute a final administrative determination of loss of United States nationality
under this chapter, subject to such procedures
for administrative appeal as the Secretary may
prescribe by regulation, and also shall constitute a denial of a right or privilege of United
States nationality for purposes of section 1503 of
this title.
(June 27, 1952, ch. 477, title III, ch. 4, § 358, 66
Stat. 272; Pub. L. 103–416, title I, § 106, Oct. 25,
1994, 108 Stat. 4309.)
REFERENCES IN TEXT
Chapter IV of the Nationality Act of 1940, as amended, referred to in text, which was classified to sections
800 to 810 of this title, was repealed by section 403(a)(42)
of act June 27, 1952.
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
CODIFICATION
Section was formerly classified to section 100 of this
title.
AMENDMENTS
1994—Pub. L. 103–416 inserted at end ‘‘Approval by the
Secretary of State of a certificate under this section

§ 1502

TITLE 8—ALIENS AND NATIONALITY

shall constitute a final administrative determination
of loss of United States nationality under this chapter,
subject to such procedures for administrative appeal as
the Secretary may prescribe by regulation, and also
shall constitute a denial of a right or privilege of
United States nationality for purposes of section 1503 of
this title.’’
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.

§ 1502. Certificate of nationality issued by Secretary of State for person not a naturalized
citizen of United States for use in proceedings of a foreign state
The Secretary of State is authorized to issue,
in his discretion and in accordance with rules
and regulations prescribed by him, a certificate
of nationality for any person not a naturalized
citizen of the United States who presents satisfactory evidence that he is an American national and that such certificate is needed for use
in judicial or administrative proceedings in a
foreign state. Such certificate shall be solely for
use in the case for which it was issued and shall
be transmitted by the Secretary of State
through appropriate official channels to the judicial or administrative officers of the foreign
state in which it is to be used.
(June 27, 1952, ch. 477, title III, ch. 4, § 359, 66
Stat. 273.)
CODIFICATION
Section was formerly classified to section 101 of this
title.

§ 1503. Denial of rights and privileges as national
(a) Proceedings for declaration of United States
nationality
If any person who is within the United States
claims a right or privilege as a national of the
United States and is denied such right or privilege by any department or independent agency,
or official thereof, upon the ground that he is
not a national of the United States, such person
may institute an action under the provisions of
section 2201 of title 28 against the head of such
department or independent agency for a judgment declaring him to be a national of the
United States, except that no such action may
be instituted in any case if the issue of such person’s status as a national of the United States
(1) arose by reason of, or in connection with any
removal proceeding under the provisions of this
chapter or any other act, or (2) is in issue in any
such removal proceeding. An action under this
subsection may be instituted only within five
years after the final administrative denial of
such right or privilege and shall be filed in the
district court of the United States for the district in which such person resides or claims a
residence, and jurisdiction over such officials in
such cases is conferred upon those courts.
(b) Application for certificate of identity; appeal
If any person who is not within the United
States claims a right or privilege as a national

Page 468

of the United States and is denied such right or
privilege by any department or independent
agency, or official thereof, upon the ground that
he is not a national of the United States, such
person may make application to a diplomatic or
consular officer of the United States in the foreign country in which he is residing for a certificate of identity for the purpose of traveling to a
port of entry in the United States and applying
for admission. Upon proof to the satisfaction of
such diplomatic or consular officer that such application is made in good faith and has a substantial basis, he shall issue to such person a
certificate of identity. From any denial of an application for such certificate the applicant shall
be entitled to an appeal to the Secretary of
State, who, if he approves the denial, shall state
in writing his reasons for his decision. The Secretary of State shall prescribe rules and regulations for the issuance of certificates of identity
as above provided. The provisions of this subsection shall be applicable only to a person who
at some time prior to his application for the certificate of identity has been physically present
in the United States, or to a person under sixteen years of age who was born abroad of a
United States citizen parent.
(c) Application for admission to United States
under certificate of identity; revision of determination
A person who has been issued a certificate of
identity under the provisions of subsection (b) of
this section, and while in possession thereof,
may apply for admission to the United States at
any port of entry, and shall be subject to all the
provisions of this chapter relating to the conduct of proceedings involving aliens seeking admission to the United States. A final determination by the Attorney General that any such person is not entitled to admission to the United
States shall be subject to review by any court of
competent jurisdiction in habeas corpus proceedings and not otherwise. Any person described in this section who is finally denied admission to the United States shall be subject to
all the provisions of this chapter relating to
aliens seeking admission to the United States.
(June 27, 1952, ch. 477, title III, ch. 4, § 360, 66
Stat. 273; Pub. L. 104–208, div. C, title III,
§ 308(d)(4)(P), Sept. 30, 1996, 110 Stat. 3009–619.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (c), was
in the original a reference to this Act, meaning act
June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 1101 of this title and Tables.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208, § 308(d)(4)(P)(i), substituted ‘‘removal’’ for ‘‘exclusion’’ in two places.
Subsec. (c). Pub. L. 104–208, § 308(d)(4)(P)(ii), substituted ‘‘denied admission’’ for ‘‘excluded from admission’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.

Page 469

TITLE 8—ALIENS AND NATIONALITY

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.

§ 1504. Cancellation of United States passports
and Consular Reports of Birth
(a) The Secretary of State is authorized to
cancel any United States passport or Consular
Report of Birth, or certified copy thereof, if it
appears that such document was illegally, fraudulently, or erroneously obtained from, or was
created through illegality or fraud practiced
upon, the Secretary. The person for or to whom
such document has been issued or made shall be
given, at such person’s last known address, written notice of the cancellation of such document,
together with the procedures for seeking a
prompt post-cancellation hearing. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the
document and not the citizenship status of the
person in whose name the document was issued.
(b) For purposes of this section, the term
‘‘Consular Report of Birth’’ refers to the report,
designated as a ‘‘Report of Birth Abroad of a
Citizen of the United States’’, issued by a consular officer to document a citizen born abroad.
(June 27, 1952, ch. 477, title III, ch. 4, § 361, as
added Pub. L. 103–416, title I, § 107(a), Oct. 25,
1994, 108 Stat. 4309.)
SUBCHAPTER IV—REFUGEE ASSISTANCE
§ 1521. Office of Refugee Resettlement; establishment; appointment of Director; functions
(a) There is established, within the Department of Health and Human Services, an office to
be known as the Office of Refugee Resettlement
(hereinafter in this subchapter referred to as the
‘‘Office’’). The head of the Office shall be a Director (hereinafter in this subchapter referred to
as the ‘‘Director’’), to be appointed by the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the ‘‘Secretary’’).
(b) The function of the Office and its Director
is to fund and administer (directly or through
arrangements with other Federal agencies), in
consultation with the Secretary of State, programs of the Federal Government under this
subchapter.
(June 27, 1952, ch. 477, title IV, ch. 2, § 411, as
added Pub. L. 96–212, title III, § 311(a)(2), Mar. 17,
1980, 94 Stat. 110; amended Pub. L. 103–236, title
I, § 162(n)(1), Apr. 30, 1994, 108 Stat. 409.)
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–236 substituted ‘‘the
Secretary of State’’ for ‘‘and under the general policy
guidance of the United States Coordinator for Refugee
Affairs (hereinafter in this subchapter referred to as
the ‘Coordinator’)’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of
State when executive orders, regulations, or depart-

§ 1522

mental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out
as a note under section 2651a of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE
Subchapter applicable with respect to fiscal years beginning on or after Oct. 1, 1979, see section 313 of Pub.
L. 96–212, set out as a note under section 1522 of this
title.
SHORT TITLE OF REFUGEE ACT OF 1980
For short title of Refugee Act of 1980, see Short Title
of 1980 Amendment note set out under section 1101 of
this title.
REFERENCES TO SECRETARY OF EDUCATION OR SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Section 204(e) of Pub. L. 96–212 provided that: ‘‘Any
reference in this Act [see Short Title of 1980 Amendment note set out under section 1101 of this title] or in
chapter 2 of title IV of the Immigration and Nationality Act [this subchapter] to the Secretary of Education
or the Secretary of Health and Human Services or to
the Department of Health and Human Services shall be
deemed, before the effective date of the Department of
Education Organization Act [see Effective Date note
set out under section 3401 of Title 20, Education], to be
a reference to the Secretary of Health, Education, and
Welfare or to the Department of Health, Education, and
Welfare, respectively.’’
CONGRESSIONAL DECLARATION OF POLICIES AND
OBJECTIVES
Section 101 of Pub. L. 96–212 provided that:
‘‘(a) the Congress declares that it is the historic policy of the United States to respond to the urgent needs
of persons subject to persecution in their homelands,
including, where appropriate, humanitarian assistance
for their care and maintenance in asylum areas, efforts
to promote opportunities for resettlement or voluntary
repatriation, aid for necessary transportation and processing, admission to this country of refugees of special
humanitarian concern to the United States, and transitional assistance to refugees in the United States. The
Congress further declares that it is the policy of the
United States to encourage all nations to provide assistance and resettlement opportunities to refugees to
the fullest extent possible.
‘‘(b) The objectives of this Act [see Short Title of 1980
Amendment note set out under section 1101 of this
title] are to provide a permanent and systematic procedure for the admission to this country of refugees of
special humanitarian concern to the United States, and
to provide comprehensive and uniform provisions for
the effective resettlement and absorption of those refugees who are admitted.’’

§ 1522. Authorization for programs for domestic
resettlement of and assistance to refugees
(a) Conditions and considerations
(1)(A) In providing assistance under this section, the Director shall, to the extent of available appropriations, (i) make available sufficient resources for employment training and
placement in order to achieve economic self-sufficiency among refugees as quickly as possible,
(ii) provide refugees with the opportunity to acquire sufficient English language training to enable them to become effectively resettled as
quickly as possible, (iii) insure that cash assistance is made available to refugees in such a
manner as not to discourage their economic self-

§ 1522

TITLE 8—ALIENS AND NATIONALITY

sufficiency, in accordance with subsection (e)(2)
of this section, and (iv) insure that women have
the same opportunities as men to participate in
training and instruction.
(B) It is the intent of Congress that in providing refugee assistance under this section—
(i) employable refugees should be placed on
jobs as soon as possible after their arrival in
the United States;
(ii) social service funds should be focused on
employment-related services, English-as-asecond-language training (in nonwork hours
where possible), and case-management services; and
(iii) local voluntary agency activities should
be conducted in close cooperation and advance
consultation with State and local governments.
(2)(A) The Director and the Federal agency administering subsection (b)(1) of this section
shall consult regularly (not less often than quarterly) with State and local governments and private nonprofit voluntary agencies concerning
the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States
and localities.
(B) The Director shall develop and implement,
in consultation with representatives of voluntary agencies and State and local governments, policies and strategies for the placement
and resettlement of refugees within the United
States.
(C) Such policies and strategies, to the extent
practicable and except under such unusual circumstances as the Director may recognize,
shall—
(i) insure that a refugee is not initially
placed or resettled in an area highly impacted
(as determined under regulations prescribed
by the Director after consultation with such
agencies and governments) by the presence of
refugees or comparable populations unless the
refugee has a spouse, parent, sibling, son, or
daughter residing in that area,
(ii) provide for a mechanism whereby representatives of local affiliates of voluntary
agencies regularly (not less often than quarterly) meet with representatives of State and
local governments to plan and coordinate in
advance of their arrival the appropriate placement of refugees among the various States
and localities, and
(iii) take into account—
(I) the proportion of refugees and comparable entrants in the population in the
area,
(II) the availability of employment opportunities, affordable housing, and public and
private resources (including educational,
health care, and mental health services) for
refugees in the area,
(III) the likelihood of refugees placed in
the area becoming self-sufficient and free
from long-term dependence on public assistance, and
(IV) the secondary migration of refugees
to and from the area that is likely to occur.
(D) With respect to the location of placement
of refugees within a State, the Federal agency

Page 470

administering subsection (b)(1) of this section
shall, consistent with such policies and strategies and to the maximum extent possible, take
into account recommendations of the State.
(3) In the provision of domestic assistance
under this section, the Director shall make a
periodic assessment, based on refugee population and other relevant factors, of the relative
needs of refugees for assistance and services
under this subchapter and the resources available to meet such needs. The Director shall compile and maintain data on secondary migration
of refugees within the United States and, by
State of residence and nationality, on the proportion of refugees receiving cash or medical assistance described in subsection (e) of this section. In allocating resources, the Director shall
avoid duplication of services and provide for
maximum coordination between agencies providing related services.
(4)(A) No grant or contract may be awarded
under this section unless an appropriate proposal and application (including a description of
the agency’s ability to perform the services
specified in the proposal) are submitted to, and
approved by, the appropriate administering official. Grants and contracts under this section
shall be made to those agencies which the appropriate administering official determines can
best perform the services. Payments may be
made for activities authorized under this subchapter in advance or by way of reimbursement.
In carrying out this section, the Director, the
Secretary of State, and any such other appropriate administering official are authorized—
(i) to make loans, and
(ii) to accept and use money, funds, property, and services of any kind made available
by gift, devise, bequest, grant, or otherwise for
the purpose of carrying out this section.
(B) No funds may be made available under this
subchapter (other than under subsection (b)(1) of
this section) to States or political subdivisions
in the form of block grants, per capita grants, or
similar consolidated grants or contracts. Such
funds shall be made available under separate
grants or contracts—
(i) for medical screening and initial medical
treatment under subsection (b)(5) of this section,
(ii) for services for refugees under subsection
(c)(1) of this section,
(iii) for targeted assistance project grants
under subsection (c)(2) of this section, and
(iv) for assistance for refugee children under
subsection (d)(2) of this section.
(C) The Director may not delegate to a State
or political subdivision his authority to review
or approve grants or contracts under this subchapter or the terms under which such grants or
contracts are made.
(5) Assistance and services funded under this
section shall be provided to refugees without regard to race, religion, nationality, sex, or political opinion.
(6) As a condition for receiving assistance
under this section, a State must—
(A) submit to the Director a plan which provides—
(i) a description of how the State intends
to encourage effective refugee resettlement

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TITLE 8—ALIENS AND NATIONALITY

and to promote economic self-sufficiency as
quickly as possible,
(ii) a description of how the State will insure that language training and employment
services are made available to refugees receiving cash assistance,
(iii) for the designation of an individual,
employed by the State, who will be responsible for insuring coordination of public and
private resources in refugee resettlement,
(iv) for the care and supervision of and
legal responsibility for unaccompanied refugee children in the State, and
(v) for the identification of refugees who at
the time of resettlement in the State are determined to have medical conditions requiring, or medical histories indicating a need
for, treatment or observation and such monitoring of such treatment or observation as
may be necessary;
(B) meet standards, goals, and priorities, developed by the Director, which assure the effective resettlement of refugees and which
promote their economic self-sufficiency as
quickly as possible and the efficient provision
of services; and
(C) submit to the Director, within a reasonable period of time after the end of each fiscal
year, a report on the uses of funds provided
under this subchapter which the State is responsible for administering.
(7) The Secretary, together with the Secretary
of State with respect to assistance provided by
the Secretary of State under subsection (b) of
this section, shall develop a system of monitoring the assistance provided under this section.
This system shall include—
(A) evaluations of the effectiveness of the
programs funded under this section and the
performance of States, grantees, and contractors;
(B) financial auditing and other appropriate
monitoring to detect any fraud, abuse, or mismanagement in the operation of such programs; and
(C) data collection on the services provided
and the results achieved.
(8) The Attorney General shall provide the Director with information supplied by refugees in
conjunction with their applications to the Attorney General for adjustment of status, and the
Director shall compile, summarize, and evaluate
such information.
(9) The Secretary, the Secretary of Education,
the Attorney General, and the Secretary of
State may issue such regulations as each deems
appropriate to carry out this subchapter.
(10) For purposes of this subchapter, the term
‘‘refugee’’ includes any alien described in section 1157(c)(2) of this title.
(b) Program of initial resettlement
(1)(A) For—
(i) fiscal years 1980 and 1981, the Secretary of
State is authorized, and
(ii) fiscal year 1982 and succeeding fiscal
years, the Director (except as provided in subparagraph (B)) is authorized,
to make grants to, and contracts with, public or
private nonprofit agencies for initial resettle-

§ 1522

ment (including initial reception and placement
with sponsors) of refugees in the United States.
Grants to, or contracts with, private nonprofit
voluntary agencies under this paragraph shall
be made consistent with the objectives of this
subchapter, taking into account the different resettlement approaches and practices of such
agencies. Resettlement assistance under this
paragraph shall be provided in coordination with
the Director’s provision of other assistance
under this subchapter. Funds provided to agencies under such grants and contracts may only
be obligated or expended during the fiscal year
in which they are provided (or the subsequent
fiscal year or such subsequent fiscal period as
the Federal contracting agency may approve) to
carry out the purposes of this subsection.
(B) If the President determines that the Director should not administer the program under
this paragraph, the authority of the Director
under the first sentence of subparagraph (A)
shall be exercised by such officer as the President shall from time to time specify.
(2) The Director is authorized to develop programs for such orientation, instruction in
English, and job training for refugees, and such
other education and training of refugees, as facilitates their resettlement in the United
States. The Director is authorized to implement
such programs, in accordance with the provisions of this section, with respect to refugees in
the United States. The Secretary of State is authorized to implement such programs with respect to refugees awaiting entry into the United
States.
(3) The Secretary is authorized to make arrangements (including cooperative arrangements with other Federal agencies) for the temporary care of refugees in the United States in
emergency circumstances, including the establishment of processing centers, if necessary,
without regard to such provisions of law (other
than the Renegotiation Act of 1951 [50 U.S.C.
App. 1211 et seq.] and section 1524(b) of this title)
regulating the making, performance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the Secretary may specify.
(4) The Secretary shall—
(A) assure that an adequate number of
trained staff are available at the location at
which the refugees enter the United States to
assure that all necessary medical records are
available and in proper order;
(B) provide for the identification of refugees
who have been determined to have medical
conditions affecting the public health and requiring treatment;
(C) assure that State or local health officials
at the resettlement destination within the
United States of each refugee are promptly notified of the refugee’s arrival and provided
with all applicable medical records; and
(D) provide for such monitoring of refugees
identified under subparagraph (B) as will insure that they receive appropriate and timely
treatment.
The Secretary shall develop and implement
methods for monitoring and assessing the quality of medical screening and related health services provided to refugees awaiting resettlement
in the United States.

§ 1522

TITLE 8—ALIENS AND NATIONALITY

(5) The Director is authorized to make grants
to, and enter into contracts with, State and
local health agencies for payments to meet their
costs of providing medical screening and initial
medical treatment to refugees.
(6) The Comptroller General shall directly conduct an annual financial audit of funds expended
under each grant or contract made under paragraph (1) for fiscal year 1986 and for fiscal year
1987.
(7) Each grant or contract with an agency
under paragraph (1) shall require the agency to
do the following:
(A) To provide quarterly performance and financial status reports to the Federal agency
administering paragraph (1).
(B)(i) To provide, directly or through its
local affiliate, notice to the appropriate county or other local welfare office at the time
that the agency becomes aware that a refugee
is offered employment and to provide notice to
the refugee that such notice has been provided, and
(ii) upon request of such a welfare office to
which a refugee has applied for cash assistance, to furnish that office with documentation respecting any cash or other resources
provided directly by the agency to the refugee
under this subsection.
(C) To assure that refugees, known to the
agency as having been identified pursuant to
paragraph (4)(B) as having medical conditions
affecting the public health and requiring
treatment, report to the appropriate county or
other health agency upon their resettlement
in an area.
(D) To fulfill its responsibility to provide for
the basic needs (including food, clothing, shelter, and transportation for job interviews and
training) of each refugee resettled and to develop and implement a resettlement plan including the early employment of each refugee
resettled and to monitor the implementation
of such plan.
(E) To transmit to the Federal agency administering paragraph (1) an annual report describing the following:
(i) The number of refugees placed (by county of placement) and the expenditures made
in the year under the grant or contract, including the proportion of such expenditures
used for administrative purposes and for provision of services.
(ii) The proportion of refugees placed by
the agency in the previous year who are receiving cash or medical assistance described
in subsection (e) of this section.
(iii) The efforts made by the agency to
monitor placement of the refugees and the
activities of local affiliates of the agency.
(iv) The extent to which the agency has
coordinated its activities with local social
service providers in a manner which avoids
duplication of activities and has provided
notices to local welfare offices and the reporting of medical conditions of certain
aliens to local health departments in accordance with subparagraphs (B)(i) and (C).
(v) Such other information as the agency
administering paragraph (1) deems to be appropriate in monitoring the effectiveness of

Page 472

agencies in carrying out their functions
under such grants and contracts.
The agency administering paragraph (1) shall
promptly forward a copy of each annual report
transmitted under subparagraph (E) to the Committees on the Judiciary of the House of Representatives and of the Senate.
(8) The Federal agency administering paragraph (1) shall establish criteria for the performance of agencies under grants and contracts
under that paragraph, and shall include criteria
relating to an agency’s—
(A) efforts to reduce welfare dependency
among refugees resettled by that agency,
(B) collection of travel loans made to refugees resettled by that agency for travel to the
United States,
(C) arranging for effective local sponsorship
and other nonpublic assistance for refugees resettled by that agency,
(D) cooperation with refugee mutual assistance associations, local social service providers, health agencies, and welfare offices,
(E) compliance with the guidelines established by the Director for the placement and
resettlement of refugees within the United
States, and
(F) compliance with other requirements contained in the grant or contract, including the
reporting and other requirements under subsection (b)(7) of this section.
The Federal administering agency shall use the
criteria in the process of awarding or renewing
grants and contracts under paragraph (1).
(c) Project grants and contracts for services for
refugees
(1)(A) The Director is authorized to make
grants to, and enter into contracts with, public
or private nonprofit agencies for projects specifically designed—
(i) to assist refugees in obtaining the skills
which are necessary for economic self-sufficiency, including projects for job training, employment services, day care, professional refresher training, and other recertification
services;
(ii) to provide training in English where necessary (regardless of whether the refugees are
employed or receiving cash or other assistance); and
(iii) to provide where specific needs have
been shown and recognized by the Director,
health (including mental health) services, social services, educational and other services.
(B) The funds available for a fiscal year for
grants and contracts under subparagraph (A)
shall be allocated among the States based on the
total number of refugees (including children and
adults) who arrived in the United States not
more than 36 months before the beginning of
such fiscal year and who are actually residing in
each State (taking into account secondary migration) as of the beginning of the fiscal year.
(C) Any limitation which the Director establishes on the proportion of funds allocated to a
State under this paragraph that the State may
use for services other than those described in
subsection (a)(1)(B)(ii) of this section shall not
apply if the Director receives a plan (established

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TITLE 8—ALIENS AND NATIONALITY

by or in consultation with local governments)
and determines that the plan provides for the
maximum appropriate provision of employmentrelated services for, and the maximum placement of, employable refugees consistent with
performance standards established under section
106 of the Job Training Partnership Act.
(2)(A) The Director is authorized to make
grants to States for assistance to counties and
similar areas in the States where, because of
factors such as unusually large refugee populations (including secondary migration), high
refugee concentrations, and high use of public
assistance by refugees, there exists and can be
demonstrated a specific need for supplementation of available resources for services to
refugees.
(B) Grants shall be made available under this
paragraph—
(i) primarily for the purpose of facilitating
refugee employment and achievement of selfsufficiency,
(ii) in a manner that does not supplant other
refugee program funds and that assures that
not less than 95 percent of the amount of the
grant award is made available to the county or
other local entity.
(d) Assistance for refugee children
(1) The Secretary of Education is authorized
to make grants, and enter into contracts, for
payments for projects to provide special educational services (including English language
training) to refugee children in elementary and
secondary schools where a demonstrated need
has been shown.
(2)(A) The Director is authorized to provide assistance, reimbursement to States, and grants
to and contracts with public and private nonprofit agencies, for the provision of child welfare
services, including foster care maintenance payments and services and health care, furnished to
any refugee child (except as provided in subparagraph (B)) during the thirty-six month period
beginning with the first month in which such
refugee child is in the United States.
(B)(i) In the case of a refugee child who is unaccompanied by a parent or other close adult
relative (as defined by the Director), the services described in subparagraph (A) may be furnished until the month after the child attains
eighteen years of age (or such higher age as the
State’s child welfare services plan under part B
of title IV of the Social Security Act [42 U.S.C.
620 et seq.] prescribes for the availability of such
services to any other child in that State).
(ii) The Director shall attempt to arrange for
the placement under the laws of the States of
such unaccompanied refugee children, who have
been accepted for admission to the United
States, before (or as soon as possible after) their
arrival in the United States. During any interim
period while such a child is in the United States
or in transit to the United States but before the
child is so placed, the Director shall assume
legal responsibility (including financial responsibility) for the child, if necessary, and is authorized to make necessary decisions to provide
for the child’s immediate care.
(iii) In carrying out the Director’s responsibilities under clause (ii), the Director is authorized

§ 1522

to enter into contracts with appropriate public
or private nonprofit agencies under such conditions as the Director determines to be appropriate.
(iv) The Director shall prepare and maintain a
list of (I) all such unaccompanied children who
have entered the United States after April 1,
1975, (II) the names and last known residences of
their parents (if living) at the time of arrival,
and (III) the children’s location, status, and
progress.
(e) Cash assistance and medical assistance to refugees
(1) The Director is authorized to provide assistance, reimbursement to States, and grants
to, and contracts with, public or private nonprofit agencies for 100 per centum of the cash assistance and medical assistance provided to any
refugee during the thirty-six month period beginning with the first month in which such refugee has entered the United States and for the
identifiable and reasonable administrative costs
of providing this assistance.
(2)(A) Cash assistance provided under this subsection to an employable refugee is conditioned,
except for good cause shown—
(i) on the refugee’s registration with an appropriate agency providing employment services described in subsection (c)(1)(A)(i) of this
section, or, if there is no such agency available, with an appropriate State or local employment service;
(ii) on the refugee’s participation in any
available and appropriate social service or targeted assistance program (funded under subsection (c) of this section) providing job or
language training in the area in which the refugee resides; and
(iii) on the refugee’s acceptance of appropriate offers of employment.
(B) Cash assistance shall not be made available to refugees who are full-time students in institutions of higher education (as defined by the
Director after consultation with the Secretary
of Education).
(C) In the case of a refugee who—
(i) refuses an offer of employment which has
been determined to be appropriate either by
the agency responsible for the initial resettlement of the refugee under subsection (b) of
this section or by the appropriate State or
local employment service,
(ii) refuses to go to a job interview which
has been arranged through such agency or
service, or
(iii) refuses to participate in a social service
or targeted assistance program referred to in
subparagraph (A)(ii) which such agency or
service determines to be available and appropriate,
cash assistance to the refugee shall be terminated (after opportunity for an administrative
hearing) for a period of three months (for the
first such refusal) or for a period of six months
(for any subsequent refusal).
(3) The Director shall develop plans to provide
English training and other appropriate services
and training to refugees receiving cash assistance.

§ 1522

TITLE 8—ALIENS AND NATIONALITY

(4) If a refugee is eligible for aid or assistance
under a State program funded under part A of
title IV or under title XIX of the Social Security
Act [42 U.S.C. 601 et seq., 1396 et seq.], or for supplemental security income benefits (including
State supplementary payments) under the program established under title XVI of that Act [42
U.S.C. 1381 et seq.], funds authorized under this
subsection shall only be used for the non-Federal share of such aid or assistance, or for such
supplementary payments, with respect to cash
and medical assistance provided with respect to
such refugee under this paragraph.
(5) The Director is authorized to allow for the
provision of medical assistance under paragraph
(1) to any refugee, during the one-year period
after entry, who does not qualify for assistance
under a State plan approved under title XIX of
the Social Security Act [42 U.S.C. 1396 et seq.]
on account of any resources or income requirement of such plan, but only if the Director determines that—
(A) this will (i) encourage economic self-sufficiency, or (ii) avoid a significant burden on
State and local governments; and
(B) the refugee meets such alternative financial resources and income requirements as the
Director shall establish.
(6) As a condition for receiving assistance, reimbursement, or a contract under this subsection and notwithstanding any other provision
of law, a State or agency must provide assurances that whenever a refugee applies for cash
or medical assistance for which assistance or reimbursement is provided under this subsection,
the State or agency must notify promptly the
agency (or local affiliate) which provided for the
initial resettlement of the refugee under subsection (b) of this section of the fact that the
refugee has so applied.
(7)(A) The Secretary shall develop and implement alternative projects for refugees who have
been in the United States less than thirty-six
months, under which refugees are provided interim support, medical services, support services, and case management, as needed, in a manner that encourages self-sufficiency, reduces
welfare dependency, and fosters greater coordination among the resettlement agencies and
service providers. The Secretary may permit alternative projects to cover specific groups of refugees who have been in the United States 36
months or longer if the Secretary determines
that refugees in the group have been significantly and disproportionately dependent on welfare and need the services provided under the
project in order to become self-sufficient and
that their coverage under the projects would be
cost-effective.
(B) Refugees covered under such alternative
projects shall be precluded from receiving cash
or medical assistance under any other paragraph
of this subsection or under title XIX or part A
of title IV of the Social Security Act [42 U.S.C.
1396 et seq., 601 et seq.].
(C) The Secretary shall report to Congress not
later than October 31, 1985, on the results of
these projects and on any recommendations respecting changes in the refugee assistance program under this section to take into account
such results.

Page 474

(D) To the extent that the use of such funds is
consistent with the purposes of such provisions,
funds appropriated under section 1524(a) of this
title, part A of title IV of the Social Security
Act [42 U.S.C. 601 et seq.], or title XIX of such
Act [42 U.S.C. 1396 et seq.], may be used for the
purpose of implementing and evaluating alternative projects under this paragraph.
(8) In its provision of assistance to refugees, a
State or political subdivision shall consider the
recommendations of, and assistance provided by,
agencies with grants or contracts under subsection (b)(1) of this section.
(f) Assistance to States and counties for incarceration of certain Cuban nationals; priority for
removal and return to Cuba
(1) The Attorney General shall pay compensation to States and to counties for costs incurred
by the States and counties to confine in prisons,
during the fiscal year for which such payment is
made, nationals of Cuba who—
(A) were paroled into the United States in
1980 by the Attorney General,
(B) after such parole committed any violation of State or county law for which a term
of imprisonment was imposed, and
(C) at the time of such parole and such violation were not aliens lawfully admitted to the
United States—
(i) for permanent residence, or
(ii) under the terms of an immigrant or a
nonimmigrant visa issued,
under this chapter.
(2) For a State or county to be eligible to receive compensation under this subsection, the
chief executive officer of the State or county
shall submit to the Attorney General, in accordance with rules to be issued by the Attorney
General, an application containing—
(A) the number and names of the Cuban nationals with respect to whom the State or
county is entitled to such compensation, and
(B) such other information as the Attorney
General may require.
(3) For a fiscal year the Attorney General
shall pay the costs described in paragraph (1) to
each State and county determined by the Attorney General to be eligible under paragraph (2);
except that if the amounts appropriated for the
fiscal year to carry out this subsection are insufficient to cover all such payments, each of
such payments shall be ratably reduced so that
the total of such payments equals the amounts
so appropriated.
(4) The authority of the Attorney General to
pay compensation under this subsection shall be
effective for any fiscal year only to the extent
and in such amounts as may be provided in advance in appropriation Acts.
(5) It shall be the policy of the United States
Government that the President, in consultation
with the Attorney General and all other appropriate Federal officials and all appropriate State
and county officials referred to in paragraph (2),
shall place top priority on seeking the expeditious removal from this country and the return
to Cuba of Cuban nationals described in paragraph (1) by any reasonable and responsible
means, and to this end the Attorney General

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TITLE 8—ALIENS AND NATIONALITY

may use the funds authorized to carry out this
subsection to conduct such policy.
(June 27, 1952, ch. 477, title IV, ch. 2, § 412, as
added Pub. L. 96–212, title III, § 311(a)(2), Mar. 17,
1980, 94 Stat. 111; amended Pub. L. 97–363, §§ 3(a),
4–6, Oct. 25, 1982, 96 Stat. 1734–1736; Pub. L.
98–164, title X, § 1011(b), Nov. 22, 1983, 97 Stat.
1061; Pub. L. 98–473, title I, § 101(d), Oct. 12, 1984,
98 Stat. 1876, 1877; Pub. L. 99–605, §§ 3–5(c), 6(a),
(b), (d), 8, 9(a), (b), 10, 12, 13, Nov. 6, 1986, 100
Stat. 3449–3451, 3453–3455; Pub. L. 100–525, § 6(b),
Oct. 24, 1988, 102 Stat. 2616; Pub. L. 103–236, title
I, § 162(n)(2), Apr. 30, 1994, 108 Stat. 409; Pub. L.
103–416, title II, § 219(x), Oct. 25, 1994, 108 Stat.
4318; Pub. L. 104–193, title I, § 110(s)(3), Aug. 22,
1996, 110 Stat. 2175; Pub. L. 104–208, div. C, title
VI, § 671(e)(7), Sept. 30, 1996, 110 Stat. 3009–723.)
REFERENCES IN TEXT
The Renegotiation Act of 1951, referred to in subsec.
(b)(3), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended,
which was classified principally to section 1211 et seq.
of Title 50, Appendix, War and National Defense, prior
to its omission from the Code. See note preceding section 1211 of Title 50, Appendix.
Section 106 of the Job Training Partnership Act, referred to in subsec. (c)(1)(C), which was classified to
section 1516 of Title 29, Labor, was repealed by Pub. L.
105–220, title I, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat.
1059, effective July 1, 2000. Pursuant to section 2940(b)
of Title 29, references to a provision of the Job Training
Partnership Act, effective Aug. 7, 1998, are deemed to
refer to that provision or the corresponding provision
of the Workforce Investment Act of 1998, Pub. L.
105–220, Aug. 7, 1998, 112 Stat. 936, and effective July 1,
2000, are deemed to refer to the corresponding provision
of the Workforce Investment Act of 1998. For complete
classification of the Workforce Investment Act of 1998
to the Code, see Short Title note set out under section
9201 of Title 20, Education, and Tables.
The Social Security Act, referred to in subsecs.
(d)(2)(B)(i) and (e)(4), (5), (7)(B), (D), is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, as amended. Parts A and B of title
IV of the Social Security Act are classified generally to
part A (§ 601 et seq.) and part B (§ 620 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health
and Welfare. Titles XVI and XIX of the Social Security
Act are classified generally to subchapters XVI (§ 1381
et seq.) and XIX (§ 1396 et seq.), respectively, of chapter
7 of Title 42. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
This chapter, referred to in subsec. (f)(1)(C), was in
the original, ‘‘this Act’’, meaning act June 27, 1952, ch.
477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of this
title and Tables.
AMENDMENTS
1996—Subsec. (b)(3). Pub. L. 104–208 struck out comma
after ‘‘is authorized’’.
Subsec. (b)(4). Pub. L. 104–208 struck out comma after
‘‘The Secretary’’ in introductory provisions.
Subsec. (e)(4). Pub. L. 104–193 substituted ‘‘State program funded’’ for ‘‘State plan approved’’.
1994—Subsec. (a)(2)(A). Pub. L. 103–236, § 162(n)(2)(A),
struck out ‘‘, together with the Coordinator,’’ after
‘‘subsection (b)(1) of this section’’.
Subsec. (b)(3), (4). Pub. L. 103–236, § 162(n)(2)(B), struck
out ‘‘in consultation with the Coordinator,’’ after ‘‘Secretary is authorized,’’ in par. (3) and after ‘‘The Secretary,’’ in par. (4).
Subsec. (e)(7)(C). Pub. L. 103–236, § 162(n)(2)(C), struck
out ‘‘, in consultation with the United States Coordinator for Refugee Affairs,’’ after ‘‘The Secretary’’.
Subsec. (e)(7)(D). Pub. L. 103–416 struck out ‘‘paragraph (1) or (2) of’’ after ‘‘appropriated under’’.

§ 1522

1988—Subsecs. (f)(5), (g). Pub. L. 100–525 redesignated
subsec. (g) as (f)(5) and substituted ‘‘all other appropriate Federal officials and all appropriate State and
county officials referred to in paragraph (2)’’ for ‘‘all
appropriate Federal, State, and county officials referred to in section 13 of this Act’’, ‘‘Cuban nationals
described in paragraph (1)’’ for ‘‘such persons defined in
subsection (f)(1) of this section’’ and ‘‘authorized to
carry out this subsection’’ for ‘‘hereafter authorized by
this section’’.
1986—Subsec. (a)(2)(A). Pub. L. 99–605, § 4(1), inserted
‘‘and the Federal agency administering subsection
(b)(1) of this section’’ after ‘‘The Director’’, ‘‘(not less
often than quarterly)’’ after ‘‘shall consult regularly’’,
and ‘‘before their placement in those States and localities’’ after ‘‘States and localities’’.
Subsec. (a)(2)(C)(iii). Pub. L. 99–605, § 4(2), added cl.
(iii).
Subsec. (a)(2)(D). Pub. L. 99–605, § 4(3), added subpar.
(D).
Subsec. (a)(4). Pub. L. 99–605, § 12, designated existing
provision as subpar. (A), redesignated existing subpars.
(A) and (B) as cls. (i) and (ii), respectively, and added
subpars. (B) and (C).
Subsec. (a)(9). Pub. L. 99–605, § 3(b), inserted ‘‘, the
Secretary of Education, the Attorney General,’’ after
‘‘The Secretary’’.
Subsec. (b)(1)(A). Pub. L. 99–605, § 5(b)(2), struck out
provisions which related to requirement in grants and
contracts that agency provide notice to appropriate
welfare office that refugee is offered employment, provide notice to the refugee about notice to the welfare
office, and assure that refugees with medical conditions
affecting public health and requiring treatment report
to appropriate health agency in area of resettlement.
Subsec. (b)(6). Pub. L. 99–605, § 5(a), amended par. (6)
generally, substituting ‘‘shall directly conduct an annual financial audit’’ for ‘‘shall conduct an annual
audit’’, and ‘‘grant or contract made under paragraph
(1) for fiscal year 1986 and for fiscal year 1987’’ for
‘‘grants and contracts made under this subsection’’.
Subsec. (b)(7). Pub. L. 99–605, § 5(b)(1), added par. (7).
Subsec. (b)(8). Pub. L. 99–605, § 5(c), added par. (8).
Subsec. (c)(1). Pub. L. 99–605, § 6(a), designated existing provision as par. (1)(A), redesignated former pars.
(1) to (3) as cls. (i) to (iii), respectively, and added subpar. (B).
Subsec. (c)(1)(C). Pub. L. 99–605, § 6(b), added subpar.
(C).
Subsec. (c)(2). Pub. L. 99–605, § 8(a), added par. (2).
Subsec. (d)(1). Pub. L. 99–605, § 3(a), substituted ‘‘Secretary of Education’’ for ‘‘Director’’.
Subsec. (e)(2)(A). Pub. L. 99–605, § 9(a)(1), struck out
provisions following cl. (iii) which related to termination of cash assistance to refugee with month in
which refugee refuses offer of employment or participation in social service program.
Subsec. (e)(2)(A)(i). Pub. L. 99–605, § 6(d), substituted
‘‘(c)(1)(A)(i)’’ for ‘‘(c)(1)’’.
Subsec. (e)(2)(A)(ii). Pub. L. 99–605, § 8(b), inserted ‘‘or
targeted assistance’’ after ‘‘social service’’.
Subsec. (e)(2)(C). Pub. L. 99–605, § 9(a)(2), added subpar. (C).
Subsec. (e)(7)(A). Pub. L. 99–605, § 10, inserted provisions which related to alternative projects for specific
groups of refugees in the United States 36 months or
longer if determined to be disproportionately dependent on welfare.
Subsec. (e)(8). Pub. L. 99–605, § 9(b), added par. (8).
Subsecs. (f), (g). Pub. L. 99–605, § 13, added subsecs. (f)
and (g).
1984—Subsec. (e)(7). Pub. L. 98–473 added par. (7).
1983—Subsec. (b)(1)(B). Pub. L. 98–164 struck out first
sentence directing the President to provide for a study
of which agency is best able to administer the program
of initial resettlement and to report to the Congress,
not later than Mar. 1, 1981, on that study, and ‘‘after
such study’’ after ‘‘If the President determines’’.
1982—Subsec. (a)(1)(A). Pub. L. 97–363, § 3(a)(1), (2),
designated existing provisions of par. (1) as subpar. (A)

§ 1522

TITLE 8—ALIENS AND NATIONALITY

and redesignated existing cls. (A) through (D) as (i)
through (iv), respectively.
Subsec. (a)(1)(B). Pub. L. 97–363, § 3(a)(3), added subpar. (B).
Subsec. (a)(2)(A). Pub. L. 97–363, § 4(a)(1), designated
existing provisions of par. (2) as subpar. (A).
Subsec. (a)(2)(B), (C). Pub. L. 97–363, § 4(a)(2), added
subpars. (B) and (C).
Subsec. (a)(3). Pub. L. 97–363, § 4(b), inserted provision
that the Director shall compile and maintain data on
secondary migration of refugees within the United
States and, by State of residence and nationality, on
the proportion of refugees receiving cash or medical assistance described in subsec. (e) of this section.
Subsec. (b)(1)(A). Pub. L. 97–363, § 5(1), struck out provision that the Secretary of State and the Director
shall jointly monitor the assistance provided during
fiscal years 1980 and 1981 under this paragraph.
Pub. L. 97–363, § 5(2), inserted provision relating to period for expenditure of funds provided under grants and
contracts and the inclusion in such grants and contracts of requirements for notification by the agency in
the event of employment offers to the refugee and assurance that refugees identified under par. (4)(B) will
report to appropriate health agencies upon resettlement.
Subsec. (b)(5). Pub. L. 97–363, § 5(3), added par. (5).
Subsec. (b)(6). Pub. L. 97–363, § 5(4), added par. (6).
Subsec. (e)(1). Pub. L. 97–363, § 6(a), struck out ‘‘up to’’
before ‘‘100 per centum’’.
Subsec. (e)(2). Pub. L. 97–363, § 6(b), redesignated existing provisions of par. (2) as subpar. (A), redesignated
former subpars. (A) and (B) as cls. (i) and (iii), respectively, added cl. (ii), inserted provision that cash assistance be cut off, after opportunity for hearing, to a
refugee who refuses appropriate offer of employment or
participation in available social service program, and
added subpar. (B).
Subsec. (e)(6). Pub. L. 97–363, § 6(c), added par. (6).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–193 effective July 1, 1997,
with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and
proceedings commenced before such date, rules relating
to closing out of accounts for terminated or substantially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions
relating to termination of entitlement under AFDC
program, see section 116 of Pub. L. 104–193, as amended,
set out as an Effective Date note under section 601 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103–416 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 219(dd) of Pub. L. 103–416, set out
as a note under section 1101 of this title.
Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of
State when executive orders, regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out
as a note under section 2651a of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 6(c) of Pub. L. 100–525 provided that: ‘‘The
amendments made by this section [amending this section and section 1524 of this title] shall be effective as
if they were included in the enactment of the Refugee
Assistance Extension Act of 1986 [Pub. L. 99–605].’’
EFFECTIVE DATE OF 1986 AMENDMENT
Section 5(d) of Pub. L. 99–605 provided that:
‘‘(1) Section 412(b)(7) (other than subparagraphs
(B)(i), (C), and (D)) of the Immigration and Nationality

Page 476

Act [8 U.S.C. 1522(b)(7)], as added by subsection (b)(1) of
this section, shall apply to grants and contracts made
or renewed after the end of the 30-day period beginning
on the date of the enactment of this Act [Nov. 6, 1986].
‘‘(2) Section 412(b)(7)(D) of the Immigration and Nationality Act [8 U.S.C. 1522(b)(7)], as added by subsection (b)(1) of this section, shall apply to grants and
contracts made or renewed after the end of the sixmonth period beginning on the date of the enactment
of this Act [Nov. 6, 1986].
‘‘(3) The criteria required under the amendment made
by subsection (c) [amending this section] shall be established not later than 60 days after the date of the
enactment of this Act [Nov. 6, 1986].’’
Section 6(c) of Pub. L. 99–605 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall apply to allocations of funds for fiscal years
beginning with fiscal year 1987.’’
Section 9(c) of Pub. L. 99–605 provided that: ‘‘The
amendments made by subsection (a) of this section
[amending this section] shall apply to aliens entering
the United States as refugees on or after the first day
of the first calendar quarter that begins more than 90
days after the date of the enactment of this Act [Nov.
6, 1986].’’
EFFECTIVE DATE OF 1984 AMENDMENT
Section 101(d) of Pub. L. 98–473 provided in part that:
‘‘The amendment made by this paragraph [amending
this section] shall take effect on October 1, 1984.’’
EFFECTIVE DATE OF 1982 AMENDMENT
Section 8 of Pub. L. 97–363 provided that: ‘‘The
amendments made by—
‘‘(1) sections 3(b), 4, 5(3), 5(4), 6(a), and 7 [amending
this section and section 1523 of this title] take effect
on October 1, 1982, and
‘‘(2) sections 5(2), 6(b), and 6(c) [amending this section] apply to grants and contracts made, and assistance furnished, on or after October 1, 1982.’’
EFFECTIVE DATE
Section 313 of part B of title III of Pub. L. 96–212 provided that:
‘‘(a) Except as otherwise provided in this section, the
amendments made by this part [enacting sections 1521
to 1524 of this title, amending section 2601 of Title 22,
Foreign Relations and Intercourse, and repealing provisions set out as a note under section 2601 of Title 22]
shall apply to fiscal years beginning on or after October
1, 1979.
‘‘(b) Subject to subsection (c), the limitations contained in sections 412(d)(2)(A) and 412(e)(1) of the Immigration and Nationality Act [subsecs. (d)(2)(A) and
(e)(1) of this section] on the duration of the period for
which child welfare services and cash and medical assistance may be provided to particular refugees shall
not apply to such services and assistance provided before April 1, 1981.
‘‘(c) Notwithstanding section 412(e)(1) of the Immigration and Nationality Act [subsec. (e)(1) of this section] and in lieu of any assistance which may otherwise
be provided under such section with respect to Cuban
refugees who entered the United States and were receiving assistance under section 2(b) of the Migration
and Refugee Assistance Act of 1962 [22 U.S.C. 2601(b)]
before October 1, 1978, the Director of the Office of Refugee Resettlement is authorized—
‘‘(1) to provide reimbursement—
‘‘(A) in fiscal year 1980, for 75 percent,
‘‘(B) in fiscal year 1981, for 60 percent,
‘‘(C) in fiscal year 1982, for 45 percent, and
‘‘(D) in fiscal year 1983, for 25 percent,
of the non-Federal costs or providing cash and medical assistance (other than assistance described in
paragraph (2)) to such refugees, and
‘‘(2) to provide reimbursement in any fiscal year for
100 percent of the non-Federal costs associated with
such Cuban refugees with respect to whom supple-

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TITLE 8—ALIENS AND NATIONALITY

mental security income payments were being paid as
of September 30, 1978, under title XVI of the Social
Security Act [42 U.S.C. 1381 et seq.].
‘‘(d) the requirements of section 412(a)(6)(A) of the
Immigration and Nationality Act [subsec. (a)(6)(A) of
this section] shall apply to assistance furnished under
chapter 2 of title IV of such Act [this subchapter] after
October 1, 1980, or such earlier date as the Director of
the Office of Refugee Resettlement may establish.’’
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.
MAINTAINING FUNDING LEVEL OF MATCHING GRANT
PROGRAM
Section 7 of Pub. L. 99–605 provided that:
‘‘(a) MAINTAINING FUNDING LEVEL.—Subject to the
availability of appropriations, the Director of the Office of Refugee Resettlement shall not reduce the maximum average Federal contribution level per refugee in
the matching grant program and shall not increase the
percentage grantee matching requirement under that
program below the level, or above the percentage, in effect under the program for grants in fiscal year 1985.
‘‘(b) MATCHING GRANT PROGRAM.—The ‘matching
grant program’ referred to in subsection (a) is the voluntary agency program which is known as the matching grant program and is funded under section 412(c) of
the Immigration and Nationality Act [8 U.S.C.
1522(c)].’’
REIMBURSEMENT TO STATE AND LOCAL PUBLIC AGENCIES FOR EXPENSES INCURRED FOR PROVIDING SOCIAL
SERVICES TO APPLICANTS FOR ASYLUM
Section 401 of Pub. L. 96–212, as amended by Pub. L.
104–208, div. C, title III, § 308(d)(4)(S), Sept. 30, 1996, 110
Stat. 3009–619, provided that:
‘‘(a) The Director of the Office of Refugee Resettlement is authorized to use funds appropriated under
paragraphs (1) and (2) of section 414(a) of the Immigration and Nationality Act [8 U.S.C. 1524(a)] to reimburse
State and local public agencies for expenses which
those agencies incurred, at any time, in providing
aliens described in subsection (c) of this section with
social services of the types for which reimbursements
were made with respect to refugees under paragraphs
(3) through (6) of section 2(b) of the Migration and Refugee Assistance Act of 1962 (as in effect prior to the enactment of this Act) [22 U.S.C. 2601(b)(3) to (6)] or under
any other Federal law.
‘‘(b) The Attorney General is authorized to grant to
an alien described in subsection (c) of this section permission to engage in employment in the United States
and to provide to that alien an ‘employment authorized’ endorsement or other appropriate work permit.
‘‘(c) This section applies with respect to any alien in
the United States (1) who has applied before November
1, 1979, for asylum in the United States, (2) who has not
been granted asylum, and (3) with respect to whom a
final, nonappealable, and legally enforceable order of
removal has not been entered.’’
ELIGIBILITY OF CERTAIN CUBAN-HAITIAN ENTRANTS
ENTERING AFTER NOV. 1, 1979
Pub. L. 97–35, title V, §§ 543(a)(2), 547, Aug. 13, 1981, 95
Stat. 459, 463, eff. Oct. 1, 1981, provided that: ‘‘For purposes of the Refugee Education Assistance Act of 1980
[set out below], an alien who entered the United States
on or after November 1, 1979, and is in the United
States with the immigration status of a Cuban-Haitian
entrant (status pending) shall be considered to be an eligible participant (within the meaning of section 101(3)
of such Act) but only during the 36-month period beginning with the first month in which the alien entered
the United States as such an entrant or otherwise first
acquired such status.’’

§ 1522

CUBAN REFUGEES; INCARCERATION AND DEPORTATION OF
CERTAIN CUBANS
Pub. L. 96–533, title VII, § 716, Dec. 16, 1980, 94 Stat.
3162, provided that: ‘‘The Congress finds that the
United States Government has already incarcerated recently arrived Cubans who are admitted criminals, are
security threats, or have incited civil disturbances in
Federal processing facilities. The Congress urges the
Executive branch, consistent with United States law,
to seek the deportation of such individuals.’’
REFUGEE EDUCATION ASSISTANCE ACT OF 1980
Pub. L. 96–422, Oct. 10, 1980, 94 Stat. 1799, as amended
by Pub. L. 96–424, Oct. 10, 1980, 94 Stat. 1820; Pub. L.
97–35, title V, §§ 543(a)(1), (b)–(d), 544–547, Aug. 13, 1981, 95
Stat. 459–463, eff. Oct. 1, 1981; Pub. L. 99–514, § 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 103–382, title III, § 391(a), Oct.
20, 1994, 108 Stat. 4021; Pub. L. 104–208, div. C, title III,
§ 308(d)(4)(T), Sept. 30, 1996, 110 Stat. 3009–619; Pub. L.
105–220, title II, § 251(b)(1), Aug. 7, 1998, 112 Stat. 1079;
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(5),
(f)(5)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419, 2681–430;
Pub. L. 107–110, title X, § 1076(d), Jan. 8, 2002, 115 Stat.
2091, provided: ‘‘That this Act may be cited as the ‘Refugee Education Assistance Act of 1980’.
‘‘TITLE I—GENERAL PROVISIONS
‘‘DEFINITIONS
‘‘SEC. 101. As used in this Act—
‘‘(1) The terms ‘elementary school’, ‘local educational agency’, ‘secondary school’, ‘State’, and
‘State educational agency’ have the meanings given
such terms under section 9101 of the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 7801].
‘‘(2) The term ‘elementary or secondary nonpublic
schools’ means schools which comply with the compulsory education laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)].
‘‘(3) The term ‘eligible participant’ means any alien
who—
‘‘(A) has been admitted into the United States as
a refugee under section 207 of the Immigration and
Nationality Act [section 1157 of this title];
‘‘(B) has been paroled into the United States as a
refugee by the Attorney General pursuant to section 212(d)(5) of such Act [section 1182(d)(5) of this
title];
‘‘(C) is an applicant for asylum, or has been
granted asylum, in the United States; or
‘‘(D) has fled from the alien’s country of origin
and has, pursuant to an Executive order of the
President, been permitted to enter the United
States and remain in the United States indefinitely
for humanitarian reasons;
but only during the 36-month [period] beginning with
the first month in which the alien entered the United
States (in the case of an alien described in (A), (B), or
(D)) or the month in which the alien applied for asylum (in the case of an alien described in subparagraph
(C)).
‘‘(4) The term ‘Secretary’ means the Secretary of
Education.
‘‘AUTHORIZATIONS AND ALLOCATION OF APPROPRIATIONS
‘‘SEC. 102. (a) There are authorized to be appropriated
for each of the fiscal years 1981, 1982, and 1983, but only
in a lump sum for all programs under this Act, subject
to allocation in accordance with subsection (b), such
sums as may be necessary to make payments to which
State educational agencies are entitled under this Act
and payments for administration under section 104.
‘‘(b)(1) If the sums appropriated for any fiscal year to
make payments to States under this Act are not sufficient to pay in full the sum of the amounts which State
educational agencies are entitled to receive under
titles II through IV for such year, the allocations to
State educational agencies under each of such titles

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TITLE 8—ALIENS AND NATIONALITY

Page 478

shall be ratably reduced by the same percentage to the
extent necessary to bring the aggregate of such allocations within the limits of the amounts so appropriated.
‘‘(2) In the event that funds become available for
making payments under this Act for any period after
allocations have been made under paragraph (1) of this
subsection for such period, the amounts reduced under
such paragraph shall be increased on the same basis as
they were reduced.

ment of funds for educational purposes under programs
administered by them and provide, wherever feasible,
for coordination among those programs and the programs under titles II through IV of this Act.

‘‘TREATMENT OF CERTAIN JURISDICTIONS

‘‘SEC. 201. (a) The Secretary shall, in accordance with
the provisions of this title, make grants to State educational agencies for fiscal year 1981, and for each subsequent fiscal year, for the purposes of assisting local
educational agencies of that State in providing basic
education for eligible participants enrolled in elementary or secondary public schools. Payments made under
this title to any State shall be used in accordance with
applications approved under section 202 for public educational services for eligible participants enrolled in
the elementary and secondary public schools under the
jurisdiction of the local educational agencies of that
State.
‘‘(b)(1) As soon as possible after the date of the enactment of the Consolidated Refugee Education Assistance
Act [Aug. 13, 1981], the Secretary shall establish a formula (reflecting the availability of the full amount authorized for this title under section 203(b)) by which to
determine the amount of the grant which each State
educational agency is entitled to receive under this
title for any fiscal year. The formula established by the
Secretary shall take into account the number of years
that an eligible participant assisted under this title has
resided within the United States and the relative costs,
by grade level, of providing education for elementary
and secondary school children. On the basis of the formula the Secretary shall allocate among the State educational agencies, for each fiscal year, the amounts
available to carry out this title, subject to such reductions or adjustments as may be required under paragraph (2) or subsection (c). Funds shall be allocated
among State educational agencies pursuant to the formula without regard to variations in educational costs
among different geographical areas.
‘‘(2) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal
year, as determined under paragraph (1), shall be reduced by the amounts made available for such fiscal
year under any other Federal law for expenditure within the State for the same purposes as those for which
funds are made available under this title, except that
the reduction shall be made only to the extent that (A)
such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee
status of the individuals to be served by such funds, and
(B) such amounts are made available to provide assistance to individuals eligible for services under this title.
The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c).
‘‘(3) For the purpose of this subsection, the term
‘State’ does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the
manner specified in section 103, but for purposes of this
title and section 105 any payments made under section
103 for the purposes set forth in section 201(a) shall be
considered to be payments under this title.
‘‘(c) Determinations by the Secretary under this title
for any period with respect to the number of eligible
participants and the amount of the reduction under
subsection (b)(2) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of
an underestimate or overestimate to deprive any State
educational agency of its entitlement to any payment
(or the amount thereof) under this title to which such
agency would be entitled had such determination been
made on the basis of accurate data.

‘‘SEC. 103. (a) The jurisdictions to which this section
applies are Guam, American Samoa, the Virgin Islands,
the Northern Mariana Islands, and the Trust Territory
of the Pacific Islands.
‘‘(b)(1) Each jurisdiction to which this section applies
shall be entitled to grants for the purposes set forth in
sections 201(a), 302, and 402 in amounts equal to
amounts determined by the Secretary in accordance
with criteria established by the Secretary, except that
the aggregate of the amount to which such jurisdictions are so entitled for any period—
‘‘(A) for the purposes set forth in section 201(a),
shall not exceed an amount equal to 1 percent of the
amount authorized to be appropriated under section
201 for that period;
‘‘(B) for the purposes set forth in section 302, shall
not exceed an amount equal to 1 percent of the aggregate of the amounts to which all States are entitled
under section 301 for that period; and
‘‘(C) for the purposes set forth in section 402, shall
not exceed an amount equal to 1 percent of the aggregate of the amounts to which all States are entitled
under section 401 for that period.
‘‘(2) If the aggregate of the amounts determined by
the Secretary pursuant to paragraph (1) to be so needed
for any period exceeds an amount equal to such 1 percent limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate does not exceed such limitation.
‘‘STATE ADMINISTRATIVE COSTS
‘‘SEC. 104. The Secretary is authorized to pay to each
State educational agency amounts equal to the
amounts expended by it for the proper and efficient administration of its functions under this Act, except
that the total of such payments or any period shall not
exceed 2 percent of the amount which that State educational agency receives for that period under this Act.
‘‘WITHHOLDING
‘‘SEC. 105. Whenever the Secretary, after reasonable
notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet
the requirements of any title of this Act, the Secretary
shall notify that agency that further payments will not
be made to the agency under such title, or in the discretion of the Secretary, that the State educational
agency shall not make further payments under such
title to specified local education agencies or other entities (in the case of funds under title IV) whose actions
cause or are involved in such failure until the Secretary is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied, no
further payments shall be made to the State educational agency under such title, or payments by the
State educational agency under such title shall be limited to local educational agencies or other entities (in
the case of funds under title IV) whose actions did not
cause or were not involved in the failure, as the case
may be.
‘‘CONSULTATION WITH OTHER AGENCIES
‘‘SEC. 106. To the extent that may be appropriate to
facilitate the determination of the amount of any reductions under sections 201(b)(2), 301(b)(3), and 401(b)(2),
the Secretary shall consult with the heads of other
agencies providing assistance to eligible participants in
order to secure information concerning the disburse-

‘‘TITLE II—GENERAL ASSISTANCE FOR LOCAL
EDUCATIONAL AGENCIES
‘‘STATE ENTITLEMENTS

Page 479

TITLE 8—ALIENS AND NATIONALITY
‘‘APPLICATIONS

‘‘SEC. 202. (a) No State educational agency shall be
entitled to any payment under this title for any period
unless that agency submits an application to the Secretary at such time, in such manner, and containing or
accompanied by such information, as the Secretary
may reasonably require. Each such application shall—
‘‘(1) provide that the payments under this title will
be used for the purposes set forth in section 201(a);
‘‘(2) provide assurances that such payments will be
distributed among local educational agencies within
that State in accordance with the formula established by the Secretary under section 201, subject to
any reductions in payments for those local educational agencies identified under paragraph (3) to
which funds described by section 201(b)(2) are made
available for the same purposes under other Federal
laws;
‘‘(3) specify the amount of funds described by section 201(b)(2) which are made available under other
Federal laws for expenditure within the State for the
same purposes as those for which funds are made
available under this title and the local educational
agencies to which such funds are made available;
‘‘(4) provide assurances that the State educational
agency will not finally disapprove in whole or in part
any application for funds received under this title
without first affording the local educational agency
submitting the application for such funds reasonable
notice and opportunity for a hearing; and
‘‘(5) provide for making such reports as the Secretary may reasonably require to carry out this title.
‘‘(b) The Secretary shall approve an application
which meets the requirements of subsection (a). The
Secretary shall not finally disapprove an application of
a State educational agency except after reasonable notice and opportunity for a hearing on the record to such
agency.
‘‘PAYMENTS AND AUTHORIZATIONS
‘‘SEC. 203. (a) The Secretary shall pay to each State
educational agency having an application approved
under section 202 the amount which that State is entitled to receive under this title.
‘‘(b) For fiscal year 1981 and for each subsequent fiscal year, there is authorized to be appropriated, in the
manner specified under section 102, to make payments
under this title an amount equal to the product of—
‘‘(1) the total number of eligible participants enrolled in elementary or secondary public schools
under the jurisdiction of local educational agencies
within all the States (other than the jurisdictions to
which section 103 is applicable) during the fiscal year
for which the determination is made,
multiplied by—
‘‘(2) $400.
‘‘TITLE III—SPECIAL IMPACT ASSISTANCE FOR
SUBSTANTIAL INCREASES IN ATTENDANCE
‘‘STATE ENTITLEMENTS
‘‘SEC. 301. (a) The Secretary shall, in accordance with
the provisions of this title, make payments to State
educational agencies for fiscal year 1981, and for each
subsequent fiscal year for the purpose set forth in section 302.
‘‘(b)(1) Except as provided in paragraph (3) of this subsection and in subsections (c) and (d) of this section,
the amount of the grant to which a State educational
agency is entitled under this title for any fiscal year
shall be equal to the sum of—
‘‘(A) the amount equal to the product of (i) the
number of eligible participants enrolled during the
period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described
under paragraph (2) within that State, or in any elementary or secondary nonpublic school within the
district served by each such local educational agency,

§ 1522

who have been eligible participants less than one
year, multiplied by (ii) $700;
‘‘(B) the amount equal to the product of (i) the
number of eligible participants enrolled during the
period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described
under paragraph (2) within that State, or in any elementary or secondary nonpublic school within the
district served by each such local educational agency,
who have been eligible participants at least one year
but not more than two years, multiplied by (ii) $500;
and
‘‘(C) the product of (i) the number of eligible participants enrolled during the period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within
that State, or in any elementary or secondary nonpublic school within the district served by each such
local educational agency, who have been eligible participants more than two years but not more than
three years, multiplied by (ii) $300.
‘‘(2) The local educational agencies referred to in
paragraph (1) are those local educational agencies in
which the sum of the number of eligible participants
who are enrolled in elementary or secondary public
schools under the jurisdiction of such agencies, or in
elementary or secondary nonpublic schools within the
districts served by such agencies, during the fiscal year
for which the payments are to be made under this title,
and are receiving supplementary educational services
during such period, is equal to—
‘‘(A) at least 500; or
‘‘(B) at least 5 percent of the total number of students enrolled in such public or nonpublic schools
during such fiscal year;
whichever number is less. Notwithstanding the provisions of this paragraph, the local educational agencies
referred to in paragraph (1) shall include local educational agencies eligible to receive assistance by reason of the last sentence of section 3(b) and section
3(c)(2)(B) of the Act of September 30, 1950 (Public Law
874, Eighty-first Congress) [formerly 20 U.S.C. 238(b)
and (c)(2)(B)], relating to Federal impact aid, subject to
paragraph (5) of this subsection.
‘‘(3) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal
year, as determined under paragraph (1), shall be reduced by the amounts made available under any other
Federal law to agencies or other entities for educational, or education-related, services or activities
within the State because of the significant concentration of eligible participants. The amount of the reduction required under this paragraph shall be determined
by the Secretary in a manner consistent with subsection (c).
‘‘(4) For the purpose of this subsection, the term
‘State’ does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the
manner specified in section 103, but for purposes of this
title and section 105 any payments made under section
103 for the purposes set forth in section 302 shall be considered to be payments under this title.
‘‘(5) The amount of the grant to which a State educational agency is entitled as a result of the last sentence of paragraph (2) shall be limited to eligible participants who meet the requirements of section 101(4).
‘‘(c) Determinations by the Secretary under this title
for any period with respect to the number of eligible
participants and the amount of the reduction under
subsection (b)(3) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of
an underestimate or overestimate to deprive any State
educational agency of its entitlement to any payment
(or the amount thereof) under this title to which such
agency would be entitled had such determination been
made on the basis of accurate data.

§ 1522

TITLE 8—ALIENS AND NATIONALITY

‘‘(d) Whenever the Secretary determines that any
amount of a payment made to a State under this title
for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made,
the Secretary shall make such amount available for
carrying out such purpose to one or more other States
to the extent the Secretary determines that such other
States will be able to use such additional amount for
carrying out such purpose. Any amount made available
to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this title, be regarded as part of such State’s
payment (as determined under subsection (b)) for such
year, but shall remain available until the end of the
succeeding fiscal year.
‘‘USES OF FUNDS
‘‘SEC. 302. (a) Payments made under this title to any
State may be used in accordance with applications approved under section 303 for supplementary educational
services and costs, as described under subsection (b) of
this section, for eligible participants enrolled in the
elementary and secondary public schools under the jurisdiction of the local educational agencies of the State
described in section 301(b)(2) and in elementary and secondary nonpublic schools of that State within the districts served by such agencies.
‘‘(b) Financial assistance provided under this title
shall be available to meet the costs of providing eligible participants supplementary educational services,
including but not limited to—
‘‘(1) supplementary educational services necessary
to enable those children to achieve a satisfactory
level of performance, including—
‘‘(A) English language instruction;
‘‘(B) other bilingual educational services; and
‘‘(C) special materials and supplies;
‘‘(2) additional basic instructional services which
are directly attributable to the presence in the school
district of eligible participants, including the costs of
providing additional classroom supplies, overhead
costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as
are directly attributable to such additional basis instructional services; and
‘‘(3) special inservice training for personnel who
will be providing instruction described in either paragraph (1) or (2) of this subsection.
‘‘APPLICATIONS
‘‘SEC. 303. (a) No State educational agency shall be
entitled to any payment under this title for any period
unless that agency submits an application to the Secretary at such time, in such manner, and containing or
accompanied by such information, as the Secretary
may reasonably require. Each such application shall—
‘‘(1) provide that the educational programs, services
and activities for which payments under this title are
made will be administered by or under the supervision of the agency;
‘‘(2) provide assurances that payments under this
title will be used for purposes set forth in section 302;
‘‘(3) provide assurances that such payments will be
distributed among local educational agencies within
that State in accordance with section 301, subject to
any reductions in payments for local educational
agencies identified under paragraph (5) to take into
account the funds described by section 301(b)(3) that
are made available for educational, or education-related, services or activities for eligible participants
enrolled in elementary or secondary public schools
under the jurisdiction of such agencies or elementary
or secondary nonpublic schools within the districts
served by such agencies;
‘‘(4) provide assurances that the State educational
agency will not finally disapprove in whole or in part
any application for funds received under this title
without first affording the local educational agency
submitting an application for such funds reasonable
notice and opportunity for a hearing;

Page 480

‘‘(5) specify (A) the amount of funds described by
section 301(b)(3) that are made available under other
Federal laws to agencies or other entities for educational, or education-related, services or activities
within the State because of a significant concentration of eligible participants, and (B) the local educational agencies within whose districts are eligible
participants provided services from such funds who
are enrolled in elementary or secondary schools
under the jurisdiction of such agencies, or in elementary or secondary nonpublic schools served by such
agencies;
‘‘(6) provide for making such reports as the Secretary may reasonably require to perform his functions under this Act; and
‘‘(7) provide assurances—
‘‘(A) that to the extent consistent with the number of eligible participants enrolled in the elementary or secondary nonpublic schools within the district served by a local educational agency, such
agency, after consultation with appropriate officials of such schools, shall provide for the benefit of
these children secular, neutral, and nonideological
services, materials, and equipment necessary for
the education of such children;
‘‘(B) that the control of funds provided under this
paragraph and the title to any materials, equipment, and property repaired, remodeled, or constructed with those funds shall be in a public agency for the uses and purposes provided in this title,
and a public agency shall administer such funds and
property; and
‘‘(C) that the provision of services pursuant to
this paragraph shall be provided by employees of a
public agency or through contract by such public
agency with a person, association, agency or corporation who or which, in the provision of such
services, is independent of such elementary or secondary nonpublic school and of any religious organization; and such employment or contract shall be
under the control and supervision of such public
agency, and the funds provided under this paragraph shall not be commingled with State or local
funds.
‘‘(b) The Secretary shall approve an application
which meets the requirements of subsection (a). The
Secretary shall not finally disapprove an application of
a State educational agency except after reasonable notice and opportunity for a hearing on the record to such
agency.
‘‘PAYMENTS
‘‘SEC. 304. (a) The Secretary shall pay to each State
educational agency having an application approved
under section 303 the amount which that State is entitled to receive under this title.
‘‘(b) If a State is prohibited by law from providing
public educational services for children enrolled in elementary and secondary nonpublic schools, as required
by section 303(a)(6), or if the Secretary determines that
a local educational agency has substantially failed or is
unwilling to provide for the participation on an equitable basis of children enrolled in such schools, the
Secretary may waive such requirement and shall arrange for the provision of services to such children
through arrangements which shall be subject to the requirements of this Act.
‘‘TITLE IV—ADULT EDUCATION PROGRAMS
‘‘STATE ENTITLEMENTS
‘‘SEC. 401. (a) The Secretary shall, in accordance with
the provisions of this title, make payments to State
educational agencies for fiscal year 1982, and for each
subsequent fiscal year for the purposes of providing for
the operation of adult education programs as described
under section 402 for eligible participants aged 16 or
older. Payments made under this title to any State
shall be used in accordance with applications approved
under section 403.

Page 481

TITLE 8—ALIENS AND NATIONALITY

‘‘(b)(1) Except as provided in subsection (c) of this
section, the amount of the grant to which a State educational agency is entitled under this Act, for any fiscal year described in subsection (a), shall be equal to
the product of—
‘‘(A) the number of eligible participants aged 16 or
older who are enrolled, during the period for which
the determination is made, in programs of instruction referred to in section 402 which are offered within that State, other than any such refugees who are
enrolled in elementary or secondary public schools
under the jurisdiction of local educational agencies;
multiplied by—
‘‘(B) $300.
‘‘(2) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal
year, as determined under paragraph (1), shall be reduced by the amounts made available for such fiscal
year under any other Federal law for expenditure within the State for the same purposes as those for which
funds are made available under this title, except that
the reduction shall be made only to the extent that (A)
such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee
status of the individuals to be served by such funds, and
(B) such amounts are made available to provide assistance to individuals eligible for services under this title.
The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c).
‘‘(3) For the purpose of this subsection, the term
‘State’ does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the
manner specified in section 103, but for purposes of this
title and section 105 any payments made under section
103 for the purposes set forth in section 402 shall be considered to be payments under this title.
‘‘(c) Determinations by the Secretary under this title
for any period with respect to the number of eligible
participants and the amount of the reduction under
subsection (b)(2) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of
an underestimate or overestimate to deprive any State
educational agency of its entitlement to any payment
(or the amount thereof) under this title to which such
agency would be entitled had such determination been
made on the basis of accurate data.
‘‘USE OF FUNDS
‘‘SEC. 402. (a) Funds made available to State educational agencies under this title shall be used by such
agencies to provide for programs of adult education and
adult basic education to eligible participants aged 16 or
older in need for such services who are not enrolled in
elementary or secondary public schools under the jurisdiction of local educational agencies. Such programs
may be provided directly by the State educational
agency, or such agency may make grants, or enter into
contracts, with local educational agencies, and other
public or private nonprofit agencies, organizations, or
institutions to provide for such programs. Funds available under this title may be used for—
‘‘(1) programs of instruction of such adult refugees
in basic reading and mathematics, in development
and enhancement of necessary skills, and for the promotion of literacy among such refugees;
‘‘(2) administrative costs of planning and operating
such programs of instruction;
‘‘(3) educational support services which meet the
need for such adult refugees, including guidance and
counseling with regard to educational, career, and
employment opportunities; and
‘‘(4) special projects designed to operate in conjunction with existing Federal and non-Federal programs
and activities to develop occupational and related
skills for individuals, particularly programs authorized under the Job Training Partnership Act [29

§ 1522

U.S.C. 1501 et seq.] or title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] or under the
Vocational Education Act of 1963 [now Carl D. Perkins Career and Technical Education Act of 2006] [20
U.S.C. 2301 et seq.].
‘‘[(b) Repealed. Pub. L. 105–220, title II, § 251(b)(1),
Aug. 7, 1998, 112 Stat. 1079.]
‘‘(c) The State educational agency shall provide for
the use of funds made available under this title in such
manner that the maximum number of eligible participants aged 16 or older residing within the State receive
education under the programs of instruction described
under subsection (a).
‘‘APPLICATIONS
‘‘SEC. 403. (a) No State educational agency shall be
entitled to any payment under this title for any period
unless that agency submits an application to the Secretary at such time, in such manner, and containing or
accompanied by such information, as the Secretary
may reasonably require. Each such application shall—
‘‘(1) provide that payments made under this title
will be used only for the purposes, and in the manner,
set forth in section 402;
‘‘(2) specify the amount of reduction required under
section 401(b)(2);
‘‘(3) provide assurances that the State educational
agency will not finally disapprove in whole or in part
any application for funds received under this title
without first affording the entity submitting an application for such funds reasonable notice and opportunity for a hearing; and
‘‘(4) provide for making periodic reports to the Secretary evaluating the effectiveness of the payments
made under this title, and such other reports as the
Secretary may reasonably require to perform his
functions under this Act.
‘‘(b) The Secretary shall approve an application
which meets the requirements of subsection (a). The
Secretary shall not finally disapprove an application of
a State educational agency except after reasonable notice and opportunity for a hearing on the record to such
agency.
‘‘TITLE V—OTHER PROVISIONS RELATING TO CUBAN AND
HAITIAN ENTRANTS
‘‘AUTHORITIES FOR OTHER PROGRAMS AND ACTIVITIES
‘‘SEC. 501. (a)(1) The President shall exercise authorities with respect to Cuban and Haitian entrants which
are identical to the authorities which are exercised
under chapter 2 of title IV of the Immigration and Nationality Act [8 U.S.C. 1521 et seq.]. The authorizations
provided in section 414 of that Act [8 U.S.C. 1524] shall
be available to carry out this section without regard to
the dollar limitation contained in section 414(a)(2).
‘‘(2) Any reference in chapter III of title I of the Supplemental Appropriations and Rescission Act, 1980
[Pub. L. 96–304, July 8, 1980, 94 Stat. 857, 865], to section
405(c)(2) of the International Security and Development
Assistance Act of 1980 or to the International Security
Act of 1980 shall be construed to be a reference to paragraph (1) of this subsection.
‘‘(b) In addition, the President may, by regulation,
provide that benefits granted under any law of the
United States (other than the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]) with respect to individuals admitted to the United States under section 207(c)
of the Immigration and Nationality Act [8 U.S.C.
1157(c)] shall be granted in the same manner and to the
same extent with respect to Cuban and Haitian entrants.
‘‘(c)(1)(A) Any Federal agency may, under the direction of the President, provide assistance (in the form of
materials, supplies, equipment, work, services, facilities, or otherwise) for the processing, care, maintenance, security, transportation, and initial reception
and placement in the United States of Cuban and Haitian entrants. Such assistance shall be provided on
such terms and conditions as the President may determine.

§ 1523

TITLE 8—ALIENS AND NATIONALITY

‘‘(B) Funds available to carry out this subsection
shall be used to reimburse State and local governments
for expenses which they incur for the purposes described in subparagraph (A). Such funds may be used to
reimburse Federal agencies for assistance which they
provide under subparagraph (A).
‘‘(2) The President may direct the head of any Federal agency to detail personnel of that agency, on either a reimbursable or nonreimbursable basis, for temporary duty with any Federal agency directed to provide supervision and management for purposes of this
subsection.
‘‘(3) The furnishing of assistance or other exercise of
functions under this subsection shall not be considered
a major Federal action significantly affecting the quality of the human environment within the meaning of
the National Environmental Policy Act of 1969 [42
U.S.C. 4321 et seq.].
‘‘(4) Funds to carry out this subsection may be available until expended.
‘‘(5) [Repealed. Pub. L. 96–424, Oct. 10, 1980, 94 Stat.
1820.]
‘‘(d) The authorities provided in this section are applicable to assistance and services provided with respect to Cuban or Haitian entrants at any time after
their arrival in the United States, including periods
prior to the enactment of this section.
‘‘(e) As used in this section, the term ‘Cuban and Haitian entrant’ means—
‘‘(1) any individual granted parole status as a
Cuban/Haitian Entrant (Status Pending) or granted
any other special status subsequently established
under the immigration laws for nationals of Cuba or
Haiti, regardless of the status of the individual at the
time assistance or services are provided; and
‘‘(2) any other national of Cuba or Haiti—
‘‘(A) who—
‘‘(i) was paroled into the United States and has
not acquired any other status under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.];
‘‘(ii) is the subject of removal proceedings under
the Immigration and Nationality Act; or
‘‘(iii) has an application for asylum pending
with the Immigration and Naturalization Service;
and
‘‘(B) with respect to whom a final, nonappealable,
and legally enforceable order of removal has not
been entered.’’
[Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(f)(5),
(g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–430,
2681–435, which provided that, effective July 1, 2000, section 402(a)(4) of Pub. L. 96–422, set out above, is amended by striking ‘‘the Comprehensive Employment and
Training Act of 1973’’ and inserting ‘‘the Job Training
Partnership Act or’’, probably intended to strike ‘‘the
Job Training Partnership Act or’’ before ‘‘title I of’’.]
[Pub. L. 96–424, Oct. 10, 1980, 94 Stat. 1820, provided in
part that the repeal of section 501(c)(5) of Pub. L.
96–422, set out above, is effective Oct. 11, 1980.]
[Pub. L. 97–35, title V, subtitle C, § 547, Aug. 13, 1981,
95 Stat. 463, provided that: ‘‘This subtitle [repealing
sections 239a and 1211b of Title 20, Education, amending
the Refugee Assistance Act of 1980, set out above, and
repealing provisions set out as a note under section
1211b of Title 20] shall take effect on October 1, 1981.’’]
[For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.]
CONSOLIDATED REFUGEE EDUCATION ASSISTANCE ACT
Pub. L. 97–35, title V, § 541, Aug. 13, 1981, 95 Stat. 458,
provided that: ‘‘This subtitle [subtitle C (§§ 541–546), repealing sections 239a and 1211b of Title 20, Education,
amending the Refugee Education Assistance Act of
1980, set out above, and repealing provisions set out as
a note under section 1211b of Title 20] may be cited as
the ‘Consolidated Refugee Education Assistance Act’.’’
EXECUTIVE ORDER NO. 12246
Ex. Ord. No. 12246, Oct. 10, 1980, 45 F.R. 68367, which
delegated to the Secretary of State the functions of the

Page 482

President under section 501(c) of Pub. L. 96–422, set out
above, was revoked by Ex. Ord. No. 12251, Nov. 15, 1980,
45 F.R. 76085, formerly set out below.
EXECUTIVE ORDER NO. 12251
Ex. Ord. No. 12251, Nov. 15, 1980, 45 F.R. 76085, which
related to the delegation of functions concerning educational assistance to Cuban and Haitian entrants, was
revoked by Ex. Ord. No. 12341, Jan. 21, 1982, 47 F.R. 3341,
set out below.
EX. ORD. NO. 12341. DELEGATION OF FUNCTIONS CONCERNING EDUCATIONAL ASSISTANCE TO CUBAN AND HAITIAN
ENTRANTS
Ex. Ord. No. 12341, Jan. 21, 1982, 47 F.R. 3341, as
amended by Ex. Ord. No. 13286, § 48, Feb. 28, 2003, 68 F.R.
10628, provided:
By the authority vested in me as President of the
United States of America by Section 501 of the Refugee
Education Assistance Act of 1980 (8 U.S.C. 1522 note)
and Section 301 of Title 3 of the United States Code,
and to reassign some responsibilities for providing assistance to Cuban and Haitian entrants, it is hereby ordered as follows:
SECTION 1. The functions vested in the President by
Sections 501(a) and (b) of the Refugee Education Assistance Act of 1980, hereinafter referred to as the Act (8
U.S.C. 1522 note), are delegated to the Secretary of
Health and Human Services.
SEC. 2. The Secretary of Homeland Security shall ensure that actions are taken to provide such assistance
to Cuban and Haitian entrants as provided for by Section 501(c) of the Act. To that end, the functions vested
in the President by Section 501(c) of the Act are delegated to the Secretary of Homeland Security.
SEC. 3. All actions taken pursuant to Executive Order
No. 12251 [formerly set out as a note above] shall continue in effect until superseded by actions under this
Order.
SEC. 4. Executive Order No. 12251 of November 15, 1980,
is revoked.
PRESIDENTIAL

DETERMINATION AUTHORIZING
PORTATION FOR CERTAIN UNACCOMPANIED
ELDERLY, AND ILL INDIVIDUALS

TRANSMINORS,

Determination of President of the United States, No.
95–10, Dec. 15, 1994, 59 F.R. 65891, provided:
Memorandum for the Secretary of Defense [and] the
Attorney General
It is hereby determined that the Secretary of Defense
shall assist the Attorney General under section 501(c)
of the Refugee Education Assistance Act of 1980 (Public
Law 96–422) [set out above] by providing transportation
for certain unaccompanied minors, elderly, and ill individuals. The Secretary of Defense may agree to expand
the range of services and category of individuals as he
determines.
The Secretary of Defense is authorized and directed
to publish this determination in the Federal Register.
WILLIAM J. CLINTON.

§ 1523. Congressional reports
(a) The Secretary shall submit a report on activities under this subchapter to the Committees on the Judiciary of the House of Representatives and of the Senate not later than the January 31 following the end of each fiscal year, beginning with fiscal year 1980.
(b) Each such report shall contain—
(1) an updated profile of the employment and
labor force statistics for refugees who have entered the United States within the five-fiscalyear period immediately preceding the fiscal
year within which the report is to be made and
for refugees who entered earlier and who have
shown themselves to be significantly and dis-

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TITLE 8—ALIENS AND NATIONALITY

proportionately dependent on welfare, as well
as a description of the extent to which refugees received the forms of assistance or services under this subchapter during that period;
(2) a description of the geographic location
of refugees;
(3) a summary of the results of the monitoring and evaluation conducted under section
1522(a)(7) of this title during the period for
which the report is submitted;
(4) a description of (A) the activities, expenditures, and policies of the Office under
this subchapter and of the activities of States,
voluntary agencies, and sponsors, and (B) the
Director’s plans for improvement of refugee
resettlement;
(5) evaluations of the extent to which (A) the
services provided under this subchapter are assisting refugees in achieving economic selfsufficiency, achieving ability in English, and
achieving employment commensurate with
their skills and abilities, and (B) any fraud,
abuse, or mismanagement has been reported in
the provisions of services or assistance;
(6) a description of any assistance provided
by the Director pursuant to section 1522(e)(5)
of this title;
(7) a summary of the location and status of
unaccompanied refugee children admitted to
the United States; and
(8) a summary of the information compiled
and evaluation made under section 1522(a)(8) of
this title.
(June 27, 1952, ch. 477, title IV, ch. 2, § 413, as
added Pub. L. 96–212, title III, § 311(a)(2), Mar. 17,
1980, 94 Stat. 115; amended Pub. L. 97–363, §§ 3(b),
7, Oct. 25, 1982, 96 Stat. 1734, 1737; Pub. L. 99–605,
§ 11, Nov. 6, 1986, 100 Stat. 3455; Pub. L. 100–525,
§ 9(jj), Oct. 24, 1988, 102 Stat. 2622; Pub. L. 103–236,
title I, § 162(n)(3), Apr. 30, 1994, 108 Stat. 409.)
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–236 struck out ‘‘, in consultation with the Coordinator,’’ after ‘‘The Secretary’’.
1988—Pub. L. 100–525 redesignated former subsec.
(a)(1) as (a) and former subsec. (a)(2) as (b), and within
(b), further redesignated former subpars. (A) to (H) as
pars. (1) to (8), respectively, and former cls. (i) and (ii)
of pars. (4) and (5) as cls. (A) and (B), respectively; and
struck out former subsec. (b) which provided for a report to Congress by the Secretary not later than one
year after Mar. 17, 1980, and former subsecs. (c) and (d)
which provided for certain reports to Congress by the
Director not later than certain dates in 1983.
1986—Subsec. (a)(2)(A). Pub. L. 99–605 substituted ‘‘the
United States within the five-fiscal-year period immediately preceding the fiscal year within which the report is to be made and for refugees who entered earlier
and who have shown themselves to be significantly and
disproportionately dependent on welfare’’ for ‘‘under
this chapter since May 1975’’.
1982—Subsec. (c). Pub. L. 97–363, § 3(b), added subsec.
(c).
Subsec. (d). Pub. L. 97–363, § 7, added subsec. (d).
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of
State when executive orders, regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out

§ 1524

as a note under section 2651a of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–363 effective Oct. 1, 1982,
see section 8 of Pub. L. 97–363, set out as a note under
section 1522 of this title.

§ 1524. Authorization of appropriations
(a) There are authorized to be appropriated for
each of fiscal years 2000 through 2002 such sums
as may be necessary to carry out this subchapter.
(b) The authority to enter into contracts
under this subchapter shall be effective for any
fiscal year only to such extent or in such
amounts as are provided in advance in appropriation Acts.
(June 27, 1952, ch. 477, title IV, ch. 2, § 414, as
added Pub. L. 96–212, title III, § 311(a)(2), Mar. 17,
1980, 94 Stat. 116; amended Pub. L. 97–363, § 2,
Oct. 25, 1982, 96 Stat. 1734; Pub. L. 99–605, § 2, Nov.
6, 1986, 100 Stat. 3449; Pub. L. 100–525, § 6(a), Oct.
24, 1988, 102 Stat. 2616; Pub. L. 102–110, § 5, Oct. 1,
1991, 105 Stat. 558; Pub. L. 103–37, § 1, June 8, 1993,
107 Stat. 107; Pub. L. 103–416, title II, § 208, Oct.
25, 1994, 108 Stat. 4312; Pub. L. 105–78, title VI,
§ 604(a), Nov. 13, 1997, 111 Stat. 1521; Pub. L.
105–136, § 1(a), Dec. 2, 1997, 111 Stat. 2639; Pub. L.
106–104, § 3, Nov. 13, 1999, 113 Stat. 1483.)
AMENDMENTS
1999—Subsec. (a). Pub. L. 106–104 substituted ‘‘2000
through 2002’’ for ‘‘1998 and 1999’’.
1997—Subsec. (a). Pub. L. 105–78 and Pub. L. 105–136
amended subsec. (a) identically, substituting ‘‘each of
fiscal years 1998 and 1999’’ for ‘‘fiscal year 1995, fiscal
year 1996, and fiscal year 1997’’.
1994—Subsec. (a). Pub. L. 103–416 substituted ‘‘fiscal
year 1995, fiscal year 1996, and fiscal year 1997’’ for ‘‘fiscal year 1993 and fiscal year 1994’’.
1993—Subsec. (a). Pub. L. 103–37 substituted ‘‘fiscal
year 1993 and fiscal year 1994’’ for ‘‘fiscal year 1992’’.
1991—Subsec. (a). Pub. L. 102–110 amended subsec. (a)
generally, substituting present provisions for provisions which authorized appropriations for fiscal years
1987 and 1988 to carry out this subchapter generally and
specifically to carry out section 1522(c)(1), (b)(5), and (f)
of this title.
1988—Subsec. (a)(1). Pub. L. 100–525 substituted
‘‘through (4)’’ for ‘‘through (5)’’.
1986—Subsec. (a)(1). Pub. L. 99–605, § 2(a), (b)(1), substituted ‘‘for each of fiscal years 1987 and 1988’’ for ‘‘for
fiscal year 1983’’, and ‘‘(2) through (5)’’ for ‘‘(2) and (3)’’.
Subsec. (a)(2). Pub. L. 99–605, § 2(b)(2), amended par.
(2) generally, substituting ‘‘1987 $74,783,000 and for fiscal
year 1988 $77,924,000’’ for ‘‘1983 $100,000,000’’, and
‘‘1522(c)(1)’’ for ‘‘1522(c)’’.
Subsec. (a)(3). Pub. L. 99–605, § 2(b)(2), amended par.
(3) generally, substituting ‘‘1987 $8,761,000 and for fiscal
year 1988 $9,125,000’’ for ‘‘1983 $14,000,000’’.
Subsec. (a)(4). Pub. L. 99–605, § 2(b)(3), added par. (4).
1982—Subsec. (a). Pub. L. 97–363, § 2, substituted provisions with regard to fiscal 1983 authorizing appropriation of sums necessary to carry out provisions of this
chapter, authorizing appropriations of $100,000,000 for
services to refugees under section 1522(c) of this title,
and authorizing appropriations of $14,000,000 for the
purpose of carrying out section 1522(b)(5) of this title,
for provisions with regard to fiscal 1980 and each of the
two succeeding fiscal years authorizing appropriation
of sums necessary for initial resettlement assistance,
cash and medical assistance, and child welfare services
under subsecs. (b)(1), (3), (4), (d)(2), and (e) of section
1522 of this title, and authorizing appropriations of
$200,000,000 for other programs.

TITLE 8—ALIENS AND NATIONALITY

§ 1525

EFFECTIVE DATE OF 1997 AMENDMENTS
Section 604(b) of Pub. L. 105–78 and section 1(b) of
Pub. L. 105–136 provided that: ‘‘The amendment made
by subsection (a) [amending this section] shall take effect October 1, 1997.’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in enactment of Refugee Assistance Extension Act of
1986, Pub. L. 99–605, see section 6(c) of Pub. L. 100–525,
set out as a note under section 1522 of this title.

§ 1525. Repealed. Pub. L. 103–236, title
§ 162(m)(3), Apr. 30, 1994, 108 Stat. 409

I,

Section, Pub. L. 96–212, title III, § 301, Mar. 17, 1980, 94
Stat. 109, related to appointment and duties of United
States Coordinator for Refugee Affairs.
EFFECTIVE DATE OF REPEAL
Repeal applicable with respect to officials, offices,
and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of
Pub. L. 103–236 become effective, or 90 days after Apr.
30, 1994, whichever comes earlier, see section 161(b) of
Pub. L. 103–236, as amended, set out as an Effective
Date of 1994 Amendment note under section 2651a of
Title 22, Foreign Relations and Intercourse.

SUBCHAPTER V—ALIEN TERRORIST
REMOVAL PROCEDURES
§ 1531. Definitions
As used in this subchapter—
(1) the term ‘‘alien terrorist’’ means any
alien described in section 1227(a)(4)(B) of this
title;
(2) the term ‘‘classified information’’ has the
same meaning as in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
App.);
(3) the term ‘‘national security’’ has the
same meaning as in section 1(b) of the Classified Information Procedures Act (18 U.S.C.
App.);
(4) the term ‘‘removal court’’ means the
court described in section 1532 of this title;
(5) the term ‘‘removal hearing’’ means the
hearing described in section 1534 of this title;
(6) the term ‘‘removal proceeding’’ means a
proceeding under this subchapter; and
(7) the term ‘‘special attorney’’ means an attorney who is on the panel established under
section 1532(e) of this title.
(June 27, 1952, ch. 477, title V, § 501, as added Pub.
L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat.
1258; amended Pub. L. 104–208, div. C, title III,
§§ 308(g)(1), 354(a)(5), Sept. 30, 1996, 110 Stat.
3009–622, 3009–643.)
REFERENCES IN TEXT
Section 1 of the Classified Information Procedures
Act, referred to in pars. (2) and (3), is section 1 of Pub.
L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in
the Appendix to Title 18, Crimes and Criminal Procedure.
AMENDMENTS
1996—Par. (1). Pub. L. 104–208, § 308(g)(1), substituted
‘‘section 1227(a)(4)(B)’’ for ‘‘section 1251(a)(4)(B)’’.
Par. (7). Pub. L. 104–208, § 354(a)(5), added par. (7).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(g)(1) of Pub. L. 104–208 effective, with certain transitional provisions, on the

Page 484

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 354(a)(5) of Pub. L. 104–208 effective as if included in the enactment of subtitle A of
title IV of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104–132, see section 358 of Pub.
L. 104–208, set out as a note under section 1182 of this
title.
EFFECTIVE DATE
Subchapter effective Apr. 24, 1996, and applicable to
all aliens without regard to date of entry or attempted
entry into United States, see section 401(f) of Pub. L.
104–132, set out as an Effective Date of 1996 Amendment
note under section 1326 of this title.

§ 1532. Establishment of removal court
(a) Designation of judges
The Chief Justice of the United States shall
publicly designate 5 district court judges from 5
of the United States judicial circuits who shall
constitute a court that shall have jurisdiction
to conduct all removal proceedings. The Chief
Justice may, in the Chief Justice’s discretion,
designate the same judges under this section as
are designated pursuant to section 103(a) of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1803(a)).
(b) Terms
Each judge designated under subsection (a) of
this section shall serve for a term of 5 years and
shall be eligible for redesignation, except that of
the members first designated—
(1) 1 member shall serve for a term of 1 year;
(2) 1 member shall serve for a term of 2
years;
(3) 1 member shall serve for a term of 3
years; and
(4) 1 member shall serve for a term of 4
years.
(c) Chief judge
(1) Designation
The Chief Justice shall publicly designate
one of the judges of the removal court to be
the chief judge of the removal court.
(2) Responsibilities
The chief judge shall—
(A) promulgate rules to facilitate the functioning of the removal court; and
(B) assign the consideration of cases to the
various judges on the removal court.
(d) Expeditious and confidential nature of proceedings
The provisions of section 103(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(c)) shall apply to removal proceedings in
the same manner as they apply to proceedings
under that Act [50 U.S.C. 1801 et seq.].
(e) Establishment of panel of special attorneys
The removal court shall provide for the designation of a panel of attorneys each of whom—
(1) has a security clearance which affords
the attorney access to classified information,
and
(2) has agreed to represent permanent resident aliens with respect to classified information under section 1534(e)(3) of this title in ac-

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TITLE 8—ALIENS AND NATIONALITY

cordance with (and subject to the penalties
under) this subchapter.
(June 27, 1952, ch. 477, title V, § 502, as added Pub.
L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat.
1259; amended Pub. L. 104–208, div. C, title III,
§ 354(a)(4), Sept. 30, 1996, 110 Stat. 3009–643.)
REFERENCES IN TEXT
The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (d), is Pub. L. 95–511, Oct. 25, 1978,
92 Stat. 1783, as amended, which is classified principally
to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act
to the Code, see Short Title note set out under section
1801 of Title 50 and Tables.
AMENDMENTS
1996—Subsec. (e). Pub. L. 104–208 added subsec. (e).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective as if included
in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.
L. 104–132, see section 358 of Pub. L. 104–208, set out as
a note under section 1182 of this title.

§ 1533. Removal court procedure
(a) Application
(1) In general
In any case in which the Attorney General
has classified information that an alien is an
alien terrorist, the Attorney General may seek
removal of the alien under this subchapter by
filing an application with the removal court
that contains—
(A) the identity of the attorney in the Department of Justice making the application;
(B) a certification by the Attorney General
or the Deputy Attorney General that the application satisfies the criteria and requirements of this section;
(C) the identity of the alien for whom authorization for the removal proceeding is
sought; and
(D) a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that—
(i) the alien is an alien terrorist;
(ii) the alien is physically present in the
United States; and
(iii) with respect to such alien, removal
under subchapter II would pose a risk to
the national security of the United States.
(2) Filing
An application under this section shall be
submitted ex parte and in camera, and shall be
filed under seal with the removal court.
(b) Right to dismiss
The Attorney General may dismiss a removal
action under this subchapter at any stage of the
proceeding.
(c) Consideration of application
(1) Basis for decision
In determining whether to grant an application under this section, a single judge of the
removal court may consider, ex parte and in
camera, in addition to the information contained in the application—
(A) other information, including classified
information, presented under oath or affirmation; and

§ 1534

(B) testimony received in any hearing on
the application, of which a verbatim record
shall be kept.
(2) Approval of order
The judge shall issue an order granting the
application, if the judge finds that there is
probable cause to believe that—
(A) the alien who is the subject of the application has been correctly identified and is
an alien terrorist present in the United
States; and
(B) removal under subchapter II would
pose a risk to the national security of the
United States.
(3) Denial of order
If the judge denies the order requested in the
application, the judge shall prepare a written
statement of the reasons for the denial, taking
all necessary precautions not to disclose any
classified information contained in the Government’s application.
(d) Exclusive provisions
If an order is issued under this section granting an application, the rights of the alien regarding removal and expulsion shall be governed
solely by this subchapter, and except as they are
specifically referenced in this subchapter, no
other provisions of this chapter shall be applicable.
(June 27, 1952, ch. 477, title V, § 503, as added Pub.
L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat.
1259.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (d), 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.
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.

§ 1534. Removal hearing
(a) In general
(1) Expeditious hearing
In any case in which an application for an
order is approved under section 1533(c)(2) of
this title, a removal hearing shall be conducted under this section as expeditiously as
practicable for the purpose of determining
whether the alien to whom the order pertains
should be removed from the United States on
the grounds that the alien is an alien terrorist.
(2) Public hearing
The removal hearing shall be open to the
public.
(b) Notice
An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of—

§ 1534

TITLE 8—ALIENS AND NATIONALITY

(1) the nature of the charges against the
alien, including a general account of the basis
for the charges; and
(2) the time and place at which the hearing
will be held.
(c) Rights in hearing
(1) Right of counsel
The alien shall have a right to be present at
such hearing and to be represented by counsel.
Any alien financially unable to obtain counsel
shall be entitled to have counsel assigned to
represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for
furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is
conducted, as provided for in section 3006A of
title 18. All provisions of that section shall
apply and, for purposes of determining the
maximum amount of compensation, the matter shall be treated as if a felony was charged.
(2) Introduction of evidence
Subject to the limitations in subsection (e)
of this section, the alien shall have a reasonable opportunity to introduce evidence on the
alien’s own behalf.
(3) Examination of witnesses
Subject to the limitations in subsection (e)
of this section, the alien shall have a reasonable opportunity to examine the evidence
against the alien and to cross-examine any
witness.
(4) Record
A verbatim record of the proceedings and of
all testimony and evidence offered or produced
at such a hearing shall be kept.
(5) Removal decision based on evidence at
hearing
The decision of the judge regarding removal
shall be based only on that evidence introduced at the removal hearing.
(d) Subpoenas
(1) Request
At any time prior to the conclusion of the
removal hearing, either the alien or the Department of Justice may request the judge to
issue a subpoena for the presence of a named
witness (which subpoena may also command
the person to whom it is directed to produce
books, papers, documents, or other objects
designated therein) upon a satisfactory showing that the presence of the witness is necessary for the determination of any material
matter. Such a request may be made ex parte
except that the judge shall inform the Department of Justice of any request for a subpoena
by the alien for a witness or material if compliance with such a subpoena would reveal
classified evidence or the source of that evidence. The Department of Justice shall be
given a reasonable opportunity to oppose the
issuance of such a subpoena.
(2) Payment for attendance
If an application for a subpoena by the alien
also makes a showing that the alien is financially unable to pay for the attendance of a

Page 486

witness so requested, the court may order the
costs incurred by the process and the fees of
the witness so subpoenaed to be paid from
funds appropriated for the enforcement of subchapter II of this chapter.
(3) Nationwide service
A subpoena under this subsection may be
served anywhere in the United States.
(4) Witness fees
A witness subpoenaed under this subsection
shall receive the same fees and expenses as a
witness subpoenaed in connection with a civil
proceeding in a court of the United States.
(5) No access to classified information
Nothing in this subsection is intended to
allow an alien to have access to classified information.
(e) Discovery
(1) In general
For purposes of this subchapter—
(A) the Government is authorized to use in
a removal proceedings 1 the fruits of electronic surveillance and unconsented physical searches authorized under the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) without regard to subsections (c), (e), (f), (g), and (h) of section 106
of that Act [50 U.S.C. 1806(c), (e), (f), (g), (h)]
and discovery of information derived pursuant to such Act, or otherwise collected for
national security purposes, shall not be authorized if disclosure would present a risk to
the national security of the United States;
(B) an alien subject to removal under this
subchapter shall not be entitled to suppress
evidence that the alien alleges was unlawfully obtained; and
(C) section 3504 of title 18 and section
1806(c) of title 50 shall not apply if the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would
disclose classified information or otherwise
threaten the integrity of a pending investigation.
(2) Protective orders
Nothing in this subchapter shall prevent the
United States from seeking protective orders
and from asserting privileges ordinarily available to the United States to protect against
the disclosure of classified information, including the invocation of the military and
State secrets privileges.
(3) Treatment of classified information
(A) Use
The judge shall examine, ex parte and in
camera, any evidence for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States or to the security
of any individual because it would disclose
classified information and neither the alien
nor the public shall be informed of such evidence or its sources other than through ref1 So

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

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TITLE 8—ALIENS AND NATIONALITY

erence to the summary provided pursuant to
this paragraph. Notwithstanding the previous sentence, the Department of Justice
may, in its discretion and, in the case of
classified information, after coordination
with the originating agency, elect to introduce such evidence in open session.
(B) Submission
With respect to such information, the Government shall submit to the removal court
an unclassified summary of the specific evidence that does not pose that risk.
(C) Approval
Not later than 15 days after submission,
the judge shall approve the summary if the
judge finds that it is sufficient to enable the
alien to prepare a defense. The Government
shall deliver to the alien a copy of the unclassified summary approved under this subparagraph.
(D) Disapproval
(i) In general
If an unclassified summary is not approved by the removal court under subparagraph (C), the Government shall be afforded 15 days to correct the deficiencies
identified by the court and submit a revised unclassified summary.
(ii) Revised summary
If the revised unclassified summary is
not approved by the court within 15 days
of its submission pursuant to subparagraph (C), the removal hearing shall be
terminated unless the judge makes the
findings under clause (iii).
(iii) Findings
The findings described in this clause are,
with respect to an alien, that—
(I) the continued presence of the alien
in the United States would likely cause
serious and irreparable harm to the national security or death or serious bodily
injury to any person, and
(II) the provision of the summary
would likely cause serious and irreparable harm to the national security or
death or serious bodily injury to any person.
(E) Continuation of hearing without summary
If a judge makes the findings described in
subparagraph (D)(iii)—
(i) if the alien involved is an alien lawfully admitted for permanent residence,
the procedures described in subparagraph
(F) shall apply; and
(ii) in all cases the special removal hearing shall continue, the Department of Justice shall cause to be delivered to the alien
a statement that no summary is possible,
and the classified information submitted
in camera and ex parte may be used pursuant to this paragraph.

§ 1534

(F) Special procedures for access and challenges to classified information by special attorneys in case of lawful permanent aliens
(i) In general
The procedures described in this subparagraph are that the judge (under rules
of the removal court) shall designate a
special attorney to assist the alien—
(I) by reviewing in camera the classified information on behalf of the alien,
and
(II) by challenging through an in camera proceeding the veracity of the evidence contained in the classified information.
(ii) Restrictions on disclosure
A special attorney receiving classified
information under clause (i)—
(I) shall not disclose the information
to the alien or to any other attorney representing the alien, and
(II) who discloses such information in
violation of subclause (I) shall be subject
to a fine under title 18, imprisoned for
not less than 10 years nor more than 25
years, or both.
(f) Arguments
Following the receipt of evidence, the Government and the alien shall be given fair opportunity to present argument as to whether the
evidence is sufficient to justify the removal of
the alien. The Government shall open the argument. The alien shall be permitted to reply. The
Government shall then be permitted to reply in
rebuttal. The judge may allow any part of the
argument that refers to evidence received in
camera and ex parte to be heard in camera and
ex parte.
(g) Burden of proof
In the hearing, it is the Government’s burden
to prove, by the preponderance of the evidence,
that the alien is subject to removal because the
alien is an alien terrorist.
(h) Rules of evidence
The Federal Rules of Evidence shall not apply
in a removal hearing.
(i) Determination of deportation
If the judge, after considering the evidence on
the record as a whole, finds that the Government has met its burden, the judge shall order
the alien removed and detained pending removal
from the United States. If the alien was released
pending the removal hearing, the judge shall
order the Attorney General to take the alien
into custody.
(j) Written order
At the time of issuing a decision as to whether
the alien shall be removed, the judge shall prepare a written order containing a statement of
facts found and conclusions of law. Any portion
of the order that would reveal the substance or
source of information received in camera and ex
parte pursuant to subsection (e) of this section
shall not be made available to the alien or the
public.

§ 1535

TITLE 8—ALIENS AND NATIONALITY

(k) No right to ancillary relief
At no time shall the judge consider or provide
for relief from removal based on—
(1) asylum under section 1158 of this title;
(2) by 2 withholding of removal under section
1231(b)(3) of this title;
(3) cancellation of removal under section
1229b of this title;
(4) voluntary departure under section
1254a(e) 3 of this title;
(5) adjustment of status under section 1255 of
this title; or
(6) registry under section 1259 of this title.
(l) Report on terrorist removal proceedings
Not later than 3 months from December 28,
2001, the Attorney General shall submit to Congress a report concerning the effect and efficacy
of alien terrorist removal proceedings, including
the reasons why proceedings pursuant to this
section have not been used by the Attorney General in the past and the effect on the use of these
proceedings after the enactment of the USA PATRIOT Act of 2001 (Public Law 107–56).
(June 27, 1952, ch. 477, title V, § 504, as added Pub.
L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat.
1260; amended Pub. L. 104–208, div. C, title III,
§§ 308(g)(7)(B), (8)(B), 354(a)(1), (2), (b), 357, Sept.
30, 1996, 110 Stat. 3009–623, 3009–624, 3009–641 to
3009–644; Pub. L. 107–108, title III, § 313, Dec. 28,
2001, 115 Stat. 1401.)
REFERENCES IN TEXT
The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (e)(1)(A), is Pub. L. 95–511, Oct. 25,
1978, 92 Stat. 1783, as amended, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and
National Defense. For complete classification of this
Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.
The Federal Rules of Evidence, referred to in subsec.
(h), are set out in the Appendix to Title 28, Judiciary
and Judicial Procedure.
Section 1254a(e) of this title, referred to in subsec.
(k)(4), was in the original a reference to ‘‘section
244(e)’’, meaning section 244(e) of act June 27, 1952,
which was classified to section 1254(e) of this title. Pub.
L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110
Stat. 3009–615, repealed section 244 and renumbered section 244A as section 244, which is classified to section
1254a of this title. For provisions relating to voluntary
departure, see section 1229c of this title.
The USA PATRIOT Act of 2001, referred to in subsec.
(l), is Pub. L. 107–56, Oct. 26, 2001, 115 Stat. 272, known
as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT Act.
For complete classification of this Act to the Code, see
Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and
Tables.
AMENDMENTS
2001—Subsec. (l). Pub. L. 107–108 added subsec. (l).
1996—Subsec.
(e)(1)(A).
Pub.
L.
104–208,
§ 354(b)(1)(A)(ii), substituted ‘‘pursuant to such Act’’ for
‘‘pursuant to the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.)’’.
Pub. L. 104–208, § 354(b)(1)(A)(i), inserted ‘‘the Government is authorized to use in a removal proceedings the
fruits of electronic surveillance and unconsented physical searches authorized under the Foreign Intelligence
2 So

in original. The word ‘‘by’’ probably should not appear.
References in Text note below.

3 See

Page 488

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without
regard to subsections (c), (e), (f), (g), and (h) of section
106 of that Act and’’ before ‘‘discovery of information’’.
Subsec. (e)(3)(A). Pub. L. 104–208, § 354(b)(1)(B), substituted ‘‘and neither the alien nor the public shall be
informed of such evidence or its sources other than
through reference to the summary provided pursuant
to this paragraph. Notwithstanding the previous sentence, the Department of Justice may, in its discretion
and, in the case of classified information, after coordination with the originating agency, elect to introduce
such evidence in open session.’’ for period at end.
Subsec. (e)(3)(D)(ii). Pub. L. 104–208, § 354(a)(1)(A), inserted ‘‘unless the judge makes the findings under
clause (iii)’’ before period at end.
Subsec. (e)(3)(D)(iii). Pub. L. 104–208, § 354(a)(1)(B),
added cl. (iii).
Subsec. (e)(3)(E), (F). Pub. L. 104–208, § 354(a)(2), added
subpars. (E) and (F).
Subsec. (f). Pub. L. 104–208, § 354(b)(2), inserted at end
‘‘The judge may allow any part of the argument that
refers to evidence received in camera and ex parte to be
heard in camera and ex parte.’’
Subsec. (j). Pub. L. 104–208, § 354(b)(3), inserted at end
‘‘Any portion of the order that would reveal the substance or source of information received in camera and
ex parte pursuant to subsection (e) of this section shall
not be made available to the alien or the public.’’
Subsec. (k)(2). Pub. L. 104–208, § 308(g)(7)(B), substituted ‘‘by withholding of removal under section
1231(b)(3) of this title’’ for ‘‘withholding of deportation
under section 1253(h) of this title’’.
Subsec. (k)(3). Pub. L. 104–208, § 308(g)(8)(B), substituted ‘‘cancellation of removal under section 1229b of
this title’’ for ‘‘suspension of deportation under subsection (a) or (e) of section 1254 of this title’’.
Subsec. (k)(4) to (6). Pub. L. 104–208, § 357, added par.
(4) and redesignated former pars. (4) and (5) as (5) and
(6), respectively.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(g)(7)(B), (8)(B) 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 sections 354(a)(1), (2), (b), and 357 of
Pub. L. 104–208 effective as if included in the enactment
of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104–132, see section 358 of Pub. L. 104–208, set out as a note under section 1182 of this title.
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.

§ 1535. Appeals
(a) Appeal of denial of application for removal
proceedings
(1) In general
The Attorney General may seek a review of
the denial of an order sought in an application
filed pursuant to section 1533 of this title. The
appeal shall be filed in the United States
Court of Appeals for the District of Columbia
Circuit by notice of appeal filed not later than
20 days after the date of such denial.
(2) Record on appeal
The entire record of the proceeding shall be
transmitted to the Court of Appeals under
seal, and the Court of Appeals shall hear the
matter ex parte.

Page 489

TITLE 8—ALIENS AND NATIONALITY

(3) Standard of review
The Court of Appeals shall—
(A) review questions of law de novo; and
(B) set aside a finding of fact only if such
finding was clearly erroneous.
(b) Appeal of determination regarding summary
of classified information
(1) In general
The United States may take an interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit of—
(A) any determination by the judge pursuant to section 1534(e)(3) of this title; or
(B) the refusal of the court to make the
findings permitted by section 1534(e)(3) of
this title.
(2) Record
In any interlocutory appeal taken pursuant
to this subsection, the entire record, including
any proposed order of the judge, any classified
information and the summary of evidence,
shall be transmitted to the Court of Appeals.
The classified information shall be transmitted under seal. A verbatim record of such appeal shall be kept under seal in the event of
any other judicial review.
(c) Appeal of decision in hearing
(1) In general
Subject to paragraph (2), the decision of the
judge after a removal hearing may be appealed
by either the alien or the Attorney General to
the United States Court of Appeals for the District of Columbia Circuit by notice of appeal
filed not later than 20 days after the date on
which the order is issued. The order shall not
be enforced during the pendency of an appeal
under this subsection.
(2) Automatic appeals in cases of permanent
resident aliens in which no summary provided
(A) In general
Unless the alien waives the right to a review under this paragraph, in any case involving an alien lawfully admitted for permanent residence who is denied a written
summary of classified information under
section 1534(e)(3) of this title and with respect to which the procedures described in
section 1534(e)(3)(F) of this title apply, any
order issued by the judge shall be reviewed
by the Court of Appeals for the District of
Columbia Circuit.
(B) Use of special attorney
With respect to any issue relating to classified information that arises in such review,
the alien shall be represented only by the
special attorney designated under section
1534(e)(3)(F)(i) of this title on behalf of the
alien.
(3) Transmittal of record
In an appeal or review to the Court of Appeals pursuant to this subsection—
(A) the entire record shall be transmitted
to the Court of Appeals; and
(B) information received in camera and ex
parte, and any portion of the order that

§ 1535

would reveal the substance or source of such
information, shall be transmitted under
seal.
(4) Expedited appellate proceeding
In an appeal or review to the Court of Appeals under this subsection—
(A) the appeal or review shall be heard as
expeditiously as practicable and the court
may dispense with full briefing and hear the
matter solely on the record of the judge of
the removal court and on such briefs or motions as the court may require to be filed by
the parties;
(B) the Court of Appeals shall issue an
opinion not later than 60 days after the date
of the issuance of the final order of the district court;
(C) the court shall review all questions of
law de novo; and
(D) a finding of fact shall be accorded deference by the reviewing court and shall not
be set aside unless such finding was clearly
erroneous, except that in the case of a review under paragraph (2) in which an alien
lawfully admitted for permanent residence
was denied a written summary of classified
information under section 1534(c)(3) 1 of this
title, the Court of Appeals shall review questions of fact de novo.
(d) Certiorari
Following a decision by the Court of Appeals
pursuant to subsection (c) of this section, the
alien or the Attorney General may petition the
Supreme Court for a writ of certiorari. In any
such case, any information transmitted to the
Court of Appeals under seal shall, if such information is also submitted to the Supreme Court,
be transmitted under seal. Any order of removal
shall not be stayed pending disposition of a writ
of certiorari, except as provided by the Court of
Appeals or a Justice of the Supreme Court.
(e) Appeal of detention order
(1) In general
Sections 3145 through 3148 of title 18 pertaining to review and appeal of a release or detention order, penalties for failure to appear, penalties for an offense committed while on release, and sanctions for violation of a release
condition shall apply to an alien to whom section 1537(b)(1) of this title applies. In applying
the previous sentence—
(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of
Columbia Circuit; and
(B) for purposes of section 3146 of such title
the alien shall be considered released in connection with a charge of an offense punishable by life imprisonment.
(2) No review of continued detention
The determinations and actions of the Attorney
General
pursuant
to
section
1537(b)(2)(C) of this title shall not be subject to
judicial review, including application for a
writ of habeas corpus, except for a claim by
the alien that continued detention violates
1 So

in original. Probably should be section ‘‘1534(e)(3)’’.

§ 1536

TITLE 8—ALIENS AND NATIONALITY

the alien’s rights under the Constitution. Jurisdiction over any such challenge shall lie exclusively in the United States Court of Appeals for the District of Columbia Circuit.
(June 27, 1952, ch. 477, title V, § 505, as added Pub.
L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat.
1263; amended Pub. L. 104–208, div. C, title III,
§ 354(a)(3), Sept. 30, 1996, 110 Stat. 3009–642.)
AMENDMENTS
1996—Subsec. (c)(1). Pub. L. 104–208, § 354(a)(3)(A), substituted ‘‘Subject to paragraph (2), the decision’’ for
‘‘The decision’’.
Subsec. (c)(2). Pub. L. 104–208, § 354(a)(3)(D), added par.
(2). Former par. (2) redesignated (3).
Subsec. (c)(3). Pub. L. 104–208, § 354(a)(3)(C), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (c)(3)(D). Pub. L. 104–208, § 354(a)(3)(B), inserted before period at end ‘‘, except that in the case of
a review under paragraph (2) in which an alien lawfully
admitted for permanent residence was denied a written
summary of classified information under section
1534(c)(3) of this title, the Court of Appeals shall review
questions of fact de novo’’.
Subsec. (c)(4). Pub. L. 104–208, § 354(a)(3)(C), redesignated par. (3) as (4).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective as if included
in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.
L. 104–132, see section 358 of Pub. L. 104–208, set out as
a note under section 1182 of this title.
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.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.

§ 1536. Custody and release pending removal
hearing
(a) Upon filing application
(1) In general
Subject to paragraphs (2) and (3), the Attorney General may—
(A) take into custody any alien with respect to whom an application under section
1533 of this title has been filed; and
(B) retain such an alien in custody in accordance with the procedures authorized by
this subchapter.
(2) Special rules for permanent resident aliens
(A) Release hearing
An alien lawfully admitted for permanent
residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless
the alien demonstrates to the court that the
alien—
(i) is a person lawfully admitted for permanent residence in the United States;

Page 490

(ii) if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount),
is not likely to flee; and
(iii) will not endanger national security,
or the safety of any person or the community, if released.
(B) Information considered
The judge may consider classified information submitted in camera and ex parte in
making a determination whether to release
an alien pending the removal hearing.
(3) Release if order denied and no review
sought
(A) In general
Subject to subparagraph (B), if a judge of
the removal court denies the order sought in
an application filed pursuant to section 1533
of this title, and the Attorney General does
not seek review of such denial, the alien
shall be released from custody.
(B) Application of regular procedures
Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to
subchapter II of this chapter.
(b) Conditional release if order denied and review sought
(1) In general
If a judge of the removal court denies the
order sought in an application filed pursuant
to section 1533 of this title and the Attorney
General seeks review of such denial, the judge
shall release the alien from custody subject to
the least restrictive condition, or combination
of conditions, of release described in section
3142(b) and clauses (i) through (xiv) of section
3142(c)(1)(B) of title 18 that—
(A) will reasonably assure the appearance
of the alien at any future proceeding pursuant to this subchapter; and
(B) will not endanger the safety of any
other person or the community.
(2) No release for certain aliens
If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody
until the completion of any appeal authorized
by this subchapter.
(June 27, 1952, ch. 477, title V, § 506, as added Pub.
L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat.
1265.)
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.

§ 1537. Custody and release after removal hearing
(a) Release
(1) In general
Subject to paragraph (2), if the judge decides
that an alien should not be removed, the alien
shall be released from custody.

Page 491

TITLE 8—ALIENS AND NATIONALITY

(2) Custody pending appeal
If the Attorney General takes an appeal
from such decision, the alien shall remain in
custody, subject to the provisions of section
3142 of title 18.
(b) Custody and removal
(1) Custody
If the judge decides that an alien shall be removed, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the
removal order, the Attorney General shall retain the alien in custody and remove the alien
to a country specified under paragraph (2).
(2) Removal
(A) In general
The removal of an alien shall be to any
country which the alien shall designate if
such designation does not, in the judgment
of the Attorney General, in consultation
with the Secretary of State, impair the obligation of the United States under any treaty
(including a treaty pertaining to extradition) or otherwise adversely affect the foreign policy of the United States.
(B) Alternate countries
If the alien refuses to designate a country
to which the alien wishes to be removed or
if the Attorney General, in consultation
with the Secretary of State, determines that
removal of the alien to the country so designated would impair a treaty obligation or
adversely affect United States foreign policy, the Attorney General shall cause the
alien to be removed to any country willing
to receive such alien.
(C) Continued detention
If no country is willing to receive such an
alien, the Attorney General may, notwithstanding any other provision of law, retain
the alien in custody. The Attorney General,
in coordination with the Secretary of State,
shall make periodic efforts to reach agreement with other countries to accept such an
alien and at least every 6 months shall provide to the attorney representing the alien
at the removal hearing a written report on
the Attorney General’s efforts. Any alien in
custody pursuant to this subparagraph shall
be released from custody solely at the discretion of the Attorney General and subject
to such conditions as the Attorney General
shall deem appropriate.
(D) Fingerprinting
Before an alien is removed from the United
States pursuant to this subsection, or pursuant to an order of removal because such
alien
is
inadmissible
under
section
1182(a)(3)(B) of this title, the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of section 1326(b) of
this title.
(c) Continued detention pending trial
(1) Delay in removal
The Attorney General may hold in abeyance
the removal of an alien who has been ordered

§ 1537

removed, pursuant to this subchapter, to allow
the trial of such alien on any Federal or State
criminal charge and the service of any sentence of confinement resulting from such a
trial.
(2) Maintenance of custody
Pending the commencement of any service
of a sentence of confinement by an alien described in paragraph (1), such an alien shall remain in the custody of the Attorney General,
unless the Attorney General determines that
temporary release of the alien to the custody
of State authorities for confinement in a State
facility is appropriate and would not endanger
national security or public safety.
(3) Subsequent removal
Following the completion of a sentence of
confinement by an alien described in paragraph (1), or following the completion of State
criminal proceedings which do not result in a
sentence of confinement of an alien released to
the custody of State authorities pursuant to
paragraph (2), such an alien shall be returned
to the custody of the Attorney General who
shall proceed to the removal of the alien under
this subchapter.
(d) Application of certain provisions relating to
escape of prisoners
For purposes of sections 751 and 752 of title 18,
an alien in the custody of the Attorney General
pursuant to this subchapter shall be subject to
the penalties provided by those sections in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a
charge of a felony.
(e) Rights of aliens in custody
(1) Family and attorney visits
An alien in the custody of the Attorney General pursuant to this subchapter shall be given
reasonable opportunity, as determined by the
Attorney General, to communicate with and
receive visits from members of the alien’s
family, and to contact, retain, and communicate with an attorney.
(2) Diplomatic contact
An alien in the custody of the Attorney General pursuant to this subchapter shall have the
right to contact an appropriate diplomatic or
consular official of the alien’s country of citizenship or nationality or of any country providing representation services therefore. The
Attorney General shall notify the appropriate
embassy, mission, or consular office of the
alien’s detention.
(June 27, 1952, ch. 477, title V, § 507, as added Pub.
L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat.
1266; amended Pub. L. 104–208, div. C, title III,
§ 308(d)(4)(Q), Sept. 30, 1996, 110 Stat. 3009–619.)
AMENDMENTS
1996—Subsec. (b)(2)(D). Pub. L. 104–208 substituted
‘‘removal because such alien is inadmissible’’ for ‘‘exclusion because such alien is excludable’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective, with certain
transitional provisions, on the first day of the first

§ 1551

TITLE 8—ALIENS AND NATIONALITY

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.
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.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.

CHAPTER 13—IMMIGRATION AND
NATURALIZATION SERVICE
SUBCHAPTER I—ORGANIZATION
Sec.

1551.
1552.
1553.
1554.
1555.
1556.
1557.

Immigration and Naturalization Service.
Commissioner of Immigration and Naturalization; office.
Assistant Commissioners and one District Director; compensation and salary grade.
Special immigrant inspectors at Washington.
Immigration Service expenses.
Transferred.
Prevention of transportation in foreign commerce of alien women and girls under international agreement; Commissioner designated as authority to receive and preserve
information.

SUBCHAPTER II—IMMIGRATION SERVICES AND
INFRASTRUCTURE IMPROVEMENTS
1571.
1572.
1573.
1574.

Purposes.
Definitions.
Immigration Services and Infrastructure Improvements Account.
Reports to Congress.

SUBCHAPTER I—ORGANIZATION
§ 1551. Immigration and Naturalization Service
There is created and established in the Department of Justice an Immigration and Naturalization Service.
(Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826; June 29,
1906, ch. 3592, § 1, 34 Stat. 596; Mar. 4, 1913, ch. 141,
§ 3, 37 Stat. 737; Ex. Ord. No. 6166, § 14, June 10,
1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5
F.R. 2223, 54 Stat. 1238.)
CODIFICATION
Section was formerly classified to section 342 of Title
5 prior to the general revision and enactment of Title
5, Government Organization and Employees, by Pub. L.
89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–313, title II, § 201, Oct. 17, 2000, 114 Stat.
1262, provided that: ‘‘This title [enacting subchapter II
of this chapter] may be cited as the ‘Immigration Services and Infrastructure Improvements Act of 2000’.’’
TRANSFER OF FUNCTIONS
Functions vested by law in Attorney General, Department of Justice, or any other officer or any agency of
that Department, with respect to inspection at regular
inspection locations at ports of entry of persons, and

Page 492

documents of persons, entering or leaving United
States, were to have been transferred to Secretary of
the Treasury by 1973 Reorg. Plan No. 2, § 2, eff. July 1,
1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix
to Title 5, Government Organization and Employees.
The transfer was negated by section 1(a)(1), (b) of Pub.
L. 93–253, Mar. 16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1, 1973.
Functions of all other officers of Department of Justice and functions of all agencies and employees of such
Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize
their performance or performance of any of his functions by any of such officers, agencies, and employees,
by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title
5. See sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
The Immigration and Naturalization Service was
abolished by section 291(a) of Title 6, Domestic Security, upon completion of all transfers from the Immigration and Naturalization Service as provided for by
chapter 1 of Title 6.
Functions of the Commissioner of Immigration and
Naturalization performed under the Border Patrol program, the detention and removal program, the intelligence program, the investigations program, and the
inspections program, and all personnel, assets, and liabilities pertaining to such programs, were transferred
to the Under Secretary for Border and Transportation
Security of the Department of Homeland Security by
section 251 of Title 6 and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.
Functions of the Commissioner of Immigration and
Naturalization relating to adjudications of immigrant
visa petitions, adjudications of naturalization petitions, adjudications of asylum and refugee applications, adjudications performed at service centers, and
all other adjudications performed by the Immigration
and Naturalization Service, and all personnel, infrastructure, and funding provided to the Commissioner in
support of such functions, were transferred to the Director of the Bureau of Citizenship and Immigration
Services of the Department of Homeland Security by
section 271(b) of Title 6 and the Department of Homeland Security Reorganization Plan of November 25,
2002, as modified.
Functions performed by the Statistics Branch of the
Office of Policy and Planning of the Immigration and
Naturalization Service with respect to the functions of
the Commissioner referred to in the two preceding
paragraphs were transferred to the Under Secretary for
Management of the Department of Homeland Security
by section 341(b)(2) of Title 6 and the Department of
Homeland Security Reorganization Plan of November
25, 2002, as modified.
Functions under the immigration laws of the United
States with respect to the care of unaccompanied alien
children that were vested by statute in, or performed
by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) were transferred
to the Director of the Office of Refugee Resettlement of
the Department of Health and Human Services by section 279(a) of Title 6 and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as
modified.
Personnel of the Department of Justice employed in
connection with the functions transferred by part E
(§ 271 et seq.) of subchapter IV of chapter 1 of Title 6
(and functions that the Secretary of Homeland Security determines are properly related to the functions of
the Bureau of Citizenship and Immigration Services),
were transferred to the Director of the Bureau of Citizenship and Immigration Services by section 275(b)(2)
of Title 6 and the Department of Homeland Security