8 U.S.C. § 1184 | Admission of nonimmigrants

(a)

Regulations

(1)

section 1258 of this titlelsection 1187 of this title The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Attorney General shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under , 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() 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 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)

section 1101(a)(15)(O) of this title The period of authorized status as a nonimmigrant described in 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)

section 1101(a)(15)(P) of this title section 1101(a)(15)(P) of this title The period of authorized status as a nonimmigrant described in 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 , 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

section 1101(a)(15) of this title section 1101(a)(15)(H)(i) of this title section 1101(a)(15) of this title 22 U.S.C. 288 section 1257(b) of this titleEvery alien (other than a nonimmigrant described in subparagraph (L) or (V) of , and other than a nonimmigrant described in any provision of 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 . 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 [ 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 .

(c)

Petition of importing employer

(1)

section 1101(a)(15) of this title section 1101(a)(15)(H)(ii)(a) of this title section 1188 of this title section 1101(a)(15)(H)(ii)(a) of this title The question of importing any alien as a nonimmigrant under subparagraph (H), (L), (O), or (P)(i) of (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 , the term “appropriate agencies of Government” means the Department of Labor and includes the Department of Agriculture. The provisions of shall apply to the question of importing any alien as a nonimmigrant under .

(2)

(A)

section 1101(a)(15)(L) of this title 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 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)

section 1101(a)(15)(L) of this title For purposes of , 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)

section 1101(a)(15)(L) of this title The Attorney General shall provide a process for reviewing and acting upon petitions under this subsection with respect to nonimmigrants described in within 30 days after the date a completed petition has been filed.

(D)

The period of authorized admission for—

(i)

section 1101(a)(15)(L) of this title a nonimmigrant admitted to render services in a managerial or executive capacity under shall not exceed 7 years, or

(ii)

section 1101(a)(15)(L) of this title a nonimmigrant admitted to render services in a capacity that involves specialized knowledge under shall not exceed 5 years.

(E)

section 1101(a)(15)(L) of this title In the case of an alien spouse admitted under , 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)

section 1101(a)(15)(L) of this title section 1101(a)(15)(L) of this title An alien who will serve in a capacity involving specialized knowledge with respect to an employer for purposes of 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 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)

section 1101(a)(15)(O)(i) of this title with respect to a nonimmigrant described in 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)

section 1101(a)(15)(O)(ii) of this title with respect to a nonimmigrant described in 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.

section 1101(a)(15)(O)(i) of this titleIn 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 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)

section 1101(a)(15)(P)(i)(a) of this title For purposes of , 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)

section 1154(i)(2) of this title is a professional athlete, as defined in ;

(III)

performs as an athlete, or as a coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association of 15 or more amateur sports teams, if—

(aa)

the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country;

(bb)

participation in such league or association renders players ineligible, whether on a temporary or permanent basis, to earn a scholarship in, or participate in, that sport at a college or university in the United States under the rules of the National Collegiate Athletic Association; and

(cc)

a significant number of the individuals who play in such league or association are drafted by a major sports league or a minor league affiliate of such a sports league; or

(IV)

is a professional athlete or amateur athlete who performs individually or as part of a group in a theatrical ice skating production; and

(ii)

seeks to enter the United States temporarily and solely for the purpose of performing—

(I)

as such an athlete with respect to a specific athletic competition; or

(II)

in the case of an individual described in clause (i)(IV), in a specific theatrical ice skating production or tour.

(B)

(i)

section 1101(a)(15)(P)(i)(b) of this title For purposes of , an alien is described in this subparagraph if the alien—

(I)

performs with or is an integral and essential part of the performance of an entertainment group that has (except as provided in clause (ii)) been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time,

(II)

in the case of a performer or entertainer, except as provided in clause (iii), has had a sustained and substantial relationship with that group (ordinarily for at least one year) and provides functions integral to the performance of the group, and

(III)

seeks to enter the United States temporarily and solely for the purpose of performing as such a performer or entertainer or as an integral and essential part of a performance.

(ii)

In the case of an entertainment group that is recognized nationally as being outstanding in its discipline for a sustained and substantial period of time, the Attorney General may, in consideration of special circumstances, waive the international recognition requirement of clause (i)(I).

(iii)

(I)

The one-year relationship requirement of clause (i)(II) shall not apply to 25 percent of the performers and entertainers in a group.

(II)

The Attorney General may waive such one-year relationship requirement for an alien who because of illness or unanticipated and exigent circumstances replaces an essential member of the group and for an alien who augments the group by performing a critical role.

(iv)

The requirements of subclauses (I) and (II) of clause (i) shall not apply to alien circus personnel who perform as part of a circus or circus group or who constitute an integral and essential part of the performance of such circus or circus group, but only if such personnel are entering the United States to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus.

(C)

section 1101(a)(15)(P) of this title A person may petition the Attorney General for classification of an alien as a nonimmigrant under .

(D)

section 1101(a)(15)(P) of this title The Attorney General shall approve petitions under this subsection with respect to nonimmigrants described in clause (i) or (iii) of only after consultation in accordance with paragraph (6).

(E)

section 1101(a)(15)(P)(ii) of this title The Attorney General shall approve petitions under this subsection for nonimmigrants described in only after consultation with labor organizations representing artists and entertainers in the United States.

(F)

(i)

section 1101(a)(15)(P)(i)(a) of this title No nonimmigrant visa under 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 4605(j)(1)(A) of title 501

1 See References in Text note below.

(or successor statute).

(II)

Section 2780(d) of title 22 .

(III)

Section 2371(a) of title 22 .

(G)

section 1101(a)(15)(P)(i)(a) of this title The Secretary of Homeland Security shall permit a petition under this subsection to seek classification of more than 1 alien as a nonimmigrant under .

(H)

section 1101(a)(15)(P)(i) of this title 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 if the athlete is eligible under such other provision.

(5)

(A)

In the case of an alien who is provided nonimmigrant status under section 1101(a)(15)(H)(i)(b) or 1101(a)(15)(H)(ii)(b) of this title and who is dismissed from employment by the employer before the end of the period of authorized admission, the employer shall be liable for the reasonable costs of return transportation of the alien abroad.

(B)

In the case of an alien who is admitted to the United States in nonimmigrant status under section 1101(a)(15)(O) or 1101(a)(15)(P) of this title and whose employment terminates for reasons other than voluntary resignation, the employer whose offer of employment formed the basis of such nonimmigrant status and the petitioner are jointly and severally liable for the reasonable cost of return transportation of the alien abroad. The petitioner shall provide assurance satisfactory to the Attorney General that the reasonable cost of that transportation will be provided.

(6)

(A)

(i)

section 1101(a)(15)(O)(i) of this title To meet the consultation requirement of paragraph (3)(A) in the case of a petition for a nonimmigrant described in (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)

section 1101(a)(15)(O)(ii) of this title To meet the consultation requirement of paragraph (3)(B) in the case of a petition for a nonimmigrant described in (other than with respect to aliens seeking entry for a motion picture or television production), the petitioner shall submit with the petition an advisory opinion from a labor organization with expertise in the skill area involved.

(iii)

To meet the consultation requirement of paragraph (4)(D) in the case of a petition for a nonimmigrant described in section 1101(a)(15)(P)(i) or 1101(a)(15)(P)(iii) of this title, the petitioner shall submit with the petition an advisory opinion from a labor organization with expertise in the specific field of athletics or entertainment involved.

(B)

To meet the consultation requirements of subparagraph (A), unless the petitioner submits with the petition an advisory opinion from an appropriate labor organization, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization within 5 days of the date of receipt of the petition. If there is a collective bargaining representative of an employer’s employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization.

(C)

In those cases in which a petitioner described in subparagraph (A) establishes that an appropriate peer group (including a labor organization) does not exist, the Attorney General shall adjudicate the petition without requiring an advisory opinion.

(D)

Any person or organization receiving a copy of a petition described in subparagraph (A) and supporting documents shall have no more than 15 days following the date of receipt of such documents within which to submit a written advisory opinion or comment or to provide a letter of no objection. Once the 15-day period has expired and the petitioner has had an opportunity, where appropriate, to supply rebuttal evidence, the Attorney General shall adjudicate such petition in no more than 14 days. The Attorney General may shorten any specified time period for emergency reasons if no unreasonable burden would be thus imposed on any participant in the process.

(E)

(i)

The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant artists or entertainers described in section 1101(a)(15)(O) or 1101(a)(15)(P) of this title to accommodate the exigencies and scheduling of a given production or event.

(ii)

The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant athletes described in section 1101(a)(15)(O)(i) or 1101(a)(15)(P)(i) of this title in the case of emergency circumstances (including trades during a season).

(F)

No consultation required under this subsection by the Attorney General with a nongovernmental entity shall be construed as permitting the Attorney General to delegate any authority under this subsection to such an entity. The Attorney General shall give such weight to advisory opinions provided under this section as the Attorney General determines, in his sole discretion, to be appropriate.

(7)

If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the determination and the reasons for the denial and of the process by which the petitioner may appeal the determination.

(8)

section 1101(a)(15) of this title 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 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)

section 1001(a) of title 202

2 So in original. The word “before” probably should not appear.

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 , 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  a petition under paragraph (1)—

(i)

section 1101(a)(15)(H)(i)(b) of this title initially to grant an alien nonimmigrant status described in ;

(ii)

to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or

(iii)

to obtain authorization for an alien having such status to change employers.

(B)

The amount of the fee shall be $1,500 for each such petition except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).

(C)

section 1356(s) of this title Fees collected under this paragraph shall be deposited in the Treasury in accordance with .

(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)

section 1182(t) of this title 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 —

(i)

in order that an alien may be initially granted nonimmigrant status described in section 1101(a)(15)(H)(i)(b1) of this title; or

(ii)

in order to satisfy the requirement of the second sentence of subsection (g)(8)(C) for an alien having such status to obtain certain extensions of stay.

(B)

The amount of the fee shall be the same as the amount imposed by the Secretary of Homeland Security under paragraph (9), except that if such paragraph does not authorize such Secretary to impose any fee, no fee shall be imposed under this paragraph.

(C)

section 1356(s) of this title Fees collected under this paragraph shall be deposited in the Treasury in accordance with .

(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)

section 1101(a)(15) of this title initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of ; or

(ii)

to obtain authorization for an alien having such status to change employers.

(B)

section 1101(a)(15)(L) of this title 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 , 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)

section 1356(v) of this title Fees collected under this paragraph shall be deposited in the Treasury in accordance with .

(13)

(A)

section 1101(a)(15)(H)(ii)(b) of this title 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 .

(B)

The amount of the fee imposed under subparagraph (A) shall be $150.

(14)

(A)

section 1101(a)(15)(H)(ii)(b) of this title 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 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)

section 1154 of this title the Secretary of Homeland Security may deny petitions filed with respect to that employer under 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 fiancée or fiancé of citizen

(1)

section 1101(a)(15)(K)(i) of this title A visa shall not be issued under the provisions of until the consular officer has received a petition filed in the United States by the fiancée and fiancé of the applying alien and approved by the Secretary of Homeland Security. The petition shall be in such form and contain such information as the Secretary of Homeland Security shall, by regulation, prescribe. Such information shall include information on any criminal convictions of the petitioner for any specified crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i). It shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the alien’s arrival, except that the Secretary of Homeland Security in his discretion may waive the requirement that the parties have previously met in person. In the event the marriage with the petitioner does not occur within three months after the admission of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so shall be removed in accordance with sections 1229a and 1231 of this title.

(2)

(A)

Subject to subparagraphs (B) and (C), the Secretary of Homeland Security may not approve a petition under paragraph (1) unless the Secretary has verified that—

(i)

the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

(ii)

if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.

(B)

The Secretary of Homeland Security may, in the Secretary’s discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver. Except in extraordinary 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)

¹ 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.

(B)

The term “specified crime” means the following:

(i)

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or an attempt to commit any such crime.

(ii)

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause.

(iii)

At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

(e)

Nonimmigrant professionals and annual numerical limit

(1)

section 4502 of title 19 section 1101(a)(15) of this title 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 16–A of the USMCA (as defined in ) to engage in business activities at a professional level as provided for in such Annex, may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor. For purposes of this chapter, including the issuance of entry documents and the application of subsection (b), such alien shall be treated as if seeking classification, or classifiable, as a nonimmigrant under . For purposes of this paragraph, the term “citizen of Mexico” means “citizen” as defined in article 16.1 of the USMCA.

(2)

section 1101(a)(15)(E) of this title In the case of an alien spouse admitted under , 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)

section 1101(a)(15)(D) of this title section 116 of title 46 section 40102(a)(2) of title 49 Except as provided in paragraph (3), no alien shall be entitled to nonimmigrant status described in if the alien intends to land for the purpose of performing service on board a vessel of the United States (as defined in ) or on an aircraft of an air carrier (as defined in ) 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)

section 1182(d)(5) of this title may not be paroled into the United States pursuant to unless the Attorney General determines that the parole of such alien is necessary to protect the national security of the United States; and

(B)

section 1282(b) of this title shall be considered not to be a bona fide crewman for purposes of .

(3)

Paragraph (1) shall not apply to an alien if the air carrier or owner or operator of such vessel that employs the alien provides documentation that satisfies the Attorney General that the alien—

(A)

has been an employee of such employer for a period of not less than 1 year preceding the date that a strike or lawful lockout commenced;

(B)

has served as a qualified crewman for such employer at least once in each of 3 months during the 12-month period preceding such date; and

(C)

shall continue to provide the same services that such alien provided as such a crewman.

(g)

Temporary workers and trainees; limitation on numbers

(1)

The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)—

(A)

section 1101(a)(15)(H)(i)(b) of this title under , 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)

section 1101(a)(15)(H)(ii)(b) of this title under 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)

section 1101(a)(15)(H)(i)(b) of this title In the case of a nonimmigrant described in , the period of authorized admission as such a nonimmigrant may not exceed 6 years.

(5)

section 1101(a)(15)(H)(i)(b) of this title The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under who—

(A)

section 1001(a) of title 20 is employed (or has received an offer of employment) at an institution of higher education (as defined in ), 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)

section 1001(a) of title 20 has earned a master’s or higher degree from a United States institution of higher education (as defined in ), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.

(6)

section 1101(a)(15)(H)(i)(b) of this title Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in , who has not previously been counted toward the numerical limitations contained in paragraph (1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5).

(7)

Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

(8)

(A)

The agreements referred to in section 1101(a)(15)(H)(i)(b1) of this title are—

(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)

section 1101(a)(15)(H)(i)(b) of this title 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 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)

section 1182(t)(1) of this title 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 for the purpose of permitting the nonimmigrant to obtain such extension.

(D)

The numerical limitation described in paragraph (1)(A) for a fiscal year shall be reduced by one for each alien granted an extension under subparagraph (C) during such year who has obtained 5 or more consecutive prior extensions.

(9)

(A)

Subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall not again be counted toward such limitation during fiscal year 2016. Such an alien shall be considered a returning worker.

(B)

section 1101(a)(15)(H)(ii)(b) of this title A petition to admit or otherwise provide status under shall include, with respect to a returning worker—

(i)

section 1101(a)(15)(H)(ii)(b) of this title all information and evidence that the Secretary of Homeland Security determines is required to support a petition for status under ;

(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)

section 1101(a)(15)(H)(ii)(b) of this title 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 during the first 6 months of such fiscal year is not more than 33,000.

(11)

(A)

section 1101(a)(15)(E)(iii) of this title The Secretary of State may not approve a number of initial applications submitted for aliens described in 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

section 1154 of this title section 1101(a)(15) of this title section 1258 of this titleThe fact that an alien is the beneficiary of an application for a preference status filed under 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 or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

(i)

“Specialty occupation” defined

(1)

section 1101(a)(15)(H)(i)(b) of this title section 1101(a)(15)(E)(iii) of this title Except as provided in paragraph (3), for purposes of , , and paragraph (2), the term “specialty occupation” means an occupation that requires—

(A)

theoretical and practical application of a body of highly specialized knowledge, and

(B)

attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

(2)

section 1101(a)(15)(H)(i)(b) of this title For purposes of , 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)

section 4502 of title 19 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 16–A of the USMCA (as defined in ), 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 16.4 of the USMCA. For purposes of this paragraph, the term “citizen of Mexico” means “citizen” as defined in article 16.1 of the USMCA.

(2)

section 1182(t)(1) of this title section 1101(a)(15) of this title Notwithstanding any other provision of this chapter except , and subject to regulations promulgated by the Secretary of Homeland Security, an alien who seeks to enter the United States under and pursuant to the provisions of an agreement listed in subsection (g)(8)(A), and the spouse and children of such an alien if accompanying or following to join the alien, may be denied admission as a nonimmigrant under subparagraph (E), (L), or (H)(i)(b1) of if there is in progress a labor dispute in the occupational classification at the place or intended place of employment, unless such alien establishes, pursuant to regulations promulgated by the Secretary of Homeland Security after consultation with the Secretary of Labor, that the alien’s entry will not affect adversely the settlement of the labor dispute or the employment of any person who is involved in the labor dispute. Notice of a determination under this paragraph shall be given as may be required by such agreement.

(k)

Numerical limitations; period of admission; conditions for admission and stay; annual report

(1)

section 1101(a)(15)(S)(i) of this title section 1101(a)(15)(S)(ii) of this title The number of aliens who may be provided a visa as nonimmigrants under in any fiscal year may not exceed 200. The number of aliens who may be provided a visa as nonimmigrants under 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)

section 1182(e) of this title 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 on behalf of an alien described in clause (iii) of such section, the Attorney General shall not grant such waiver unless—

(A)

in the case of an alien who is otherwise contractually obligated to return to a foreign country, the government of such country furnishes the Director of the United States Information Agency with a statement in writing that it has no objection to such waiver;

(B)

in the case of a request by an interested State agency, the grant of such waiver would not cause the number of waivers allotted for that State for that fiscal year to exceed 30;

(C)

in the case of a request by an interested Federal agency or by an interested State agency—

(i)

the alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization, which employment has been determined by the Attorney General to be in the public interest; and

(ii)

the alien agrees to begin employment with the health facility or health care organization within 90 days of receiving such waiver, and agrees to continue to work for a total of not less than 3 years (unless the Attorney General determines that extenuating circumstances exist, such as closure of the facility or hardship to the alien, which would justify a lesser period of employment at such health facility or health care organization, in which case the alien must demonstrate another bona fide offer of employment at a health facility or health care organization for the remainder of such 3-year period); and

(D)

in the case of a request by an interested Federal agency (other than a request by an interested Federal agency to employ the alien full-time in medical research or training) or by an interested State agency, the alien agrees to practice primary care or specialty medicine in accordance with paragraph (2) for a total of not less than 3 years only in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, except that—

(i)

in the case of a request by the Department of Veterans Affairs, the alien shall not be required to practice medicine in a geographic area designated by the Secretary;

(ii)

in the case of a request by an interested State agency, the head of such State agency determines that the alien is to practice medicine under such agreement in a facility that serves patients who reside in one or more geographic areas so designated by the Secretary of Health and Human Services (without regard to whether such facility is located within such a designated geographic area), and the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B)) in accordance with the conditions of this clause to exceed 10; and

(iii)

in the case of a request by an interested Federal agency or by an interested State agency for a waiver for an alien who agrees to practice specialty medicine in a facility located in a geographic area so designated by the Secretary of Health and Human Services, the request shall demonstrate, based on criteria established by such agency, that there is a shortage of health care professionals able to provide services in the appropriate medical specialty to the patients who will be served by the alien.

(2)

(A)

section 1258(a)(2) of this title section 1182(e) of this title section 1101(a)(15)(H)(i)(b) of this title Notwithstanding , the Attorney General may change the status of an alien who qualifies under this subsection and to that of an alien described in . The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or an interested State agency.

(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)

section 1182(e) of this title section 1101(a)(27)(H) of this title Notwithstanding any other provision of this subsection, the 2-year foreign residence requirement under shall apply with respect to an alien described in clause (iii) of such section, who has not otherwise been accorded status under , if—

(A)

at any time the alien ceases to comply with any agreement entered into under subparagraph (C) or (D) of paragraph (1); or

(B)

the alien’s employment ceases to benefit the public interest at any time during the 3-year period described in paragraph (1)(C).

(m)

Nonimmigrant elementary and secondary school students

(1)

section 1101(a)(15)(F) of this title An alien may not be accorded status as a nonimmigrant under clause (i) or (iii) of 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)

section 1101(a)(15)(F) of this title section 1101(a)(15)(F) of this title An alien who obtains the status of a nonimmigrant under clause (i) or (iii) of 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 shall be void, if the alien terminates or abandons such course of study at such a school and undertakes a course of study at a public elementary school, in a publicly funded adult education program, in a publicly funded adult education language training program, or at a public secondary school (unless the requirements of paragraph (1)(B) are met).

(n)

Increased portability of H–1B status

(1)

section 1101(a)(15)(H)(i)(b) of this title A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.

(2)

A nonimmigrant alien described in this paragraph is a nonimmigrant alien—

(A)

who has been lawfully admitted into the United States;

(B)

on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and

(C)

who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.

(o)

Nonimmigrants guilty of trafficking in persons

(1)

section 1101(a)(15)(T) of this title section 7102 of title 22 No alien shall be eligible for admission to the United States under 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 ).

(2)

section 1101(a)(15)(T) of this title The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under 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)

section 1101(a)(15)(T)(i) of this title section 1101(a)(15)(T)(ii) of this title An unmarried alien who seeks to accompany, or follow to join, a parent granted status under , 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 , if the alien attains 21 years of age after such parent’s application was filed but while it was pending.

(5)

section 1101(a)(15)(T) of this title An alien described in clause (i) of 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)

section 7102 of title 22 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 ) appear to have been involved, shall be considered.

(7)

(A)

section 1101(a)(15)(T) of this title Except as provided in subparagraph (B), an alien who is issued a visa or otherwise provided nonimmigrant status under may be granted such status for a period of not more than 4 years.

(B)

section 1101(a)(15)(T) of this title An alien who is issued a visa or otherwise provided nonimmigrant status under 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)

l the alien is eligible for relief under section 1255() 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)

section 1101(a)(15)(T) of this titlel Nonimmigrant status under shall be extended during the pendency of an application for adjustment of status under section 1255() of this title.

(p)

Requirements applicable to section 1101(a)(15)(U) visas

(1)

Petitioning procedures for section 1101(a)(15)(U) visas

section 1101(a)(15)(U)(i) of this title section 1101(a)(15)(U)(iii) of this title section 1101(a)(15)(U)(iii) of this titleThe petition filed by an alien under 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 . 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 .

(2)

Numerical limitations

(A)

section 1101(a)(15)(U) of this title The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under in any fiscal year shall not exceed 10,000.

(B)

section 1101(a)(15)(U)(i) of this title The numerical limitations in subparagraph (A) shall only apply to principal aliens described in , 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

section 1101 of this titleWith respect to nonimmigrant aliens described in subsection (a)(15)(U) of —

(A)

the Attorney General and other government officials, where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the aliens regarding their options while in the United States and the resources available to them; and

(B)

the Attorney General shall, during the period those aliens are in lawful temporary resident status under that subsection, provide the aliens with employment authorization.

(4)

Credible evidence considered

In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition.

(5)

Nonexclusive relief

section 1101(a)(15)(U) of this titleNothing in this subsection limits the ability of aliens who qualify for status under to seek any other immigration benefit or status for which the alien may be eligible.

(6)

Duration of status

section 1101(a)(15)(U) of this title section 1101(a)(15)(U)(iii) of this title section 1101(a)(15)(U) of this title section 1255(m) of this title section 1255(m) of this title section 1101(a)(15)(U) of this titleThe authorized period of status of an alien as a nonimmigrant under 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 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 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 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 . The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under .

(7)

Age determinations

(A)

Children

section 1101(a)(15)(U)(i) of this title section 1101(a)(15)(U)(ii) of this titleAn unmarried alien who seeks to accompany, or follow to join, a parent granted status under , and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes of , if the alien attains 21 years of age after such parent’s petition was filed but while it was pending.

(B)

Principal aliens

section 1101(a)(15)(U) of this titleAn alien described in clause (i) of shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending.

(q)

Employment of nonimmigrants described in section 1101(a)(15)(V)

(1)

section 1101(a)(15)(V) of this title In the case of a nonimmigrant described in —

(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)

section 1154 of this title section 1153(a)(2)(A) of this title section 1153(d) of this title section 1153(a)(2)(A) of this title The petition filed under to accord the alien a status under (or, in the case of a child granted nonimmigrant status based on eligibility to receive a visa under , the petition filed to accord the child’s parent a status under ).

(ii)

The alien’s application for an immigrant visa pursuant to the approval of such petition.

(iii)

section 1255 of this title The alien’s application for adjustment of status under pursuant to the approval of such petition.

(2)

section 1101(a)(15)(V) of this title section 1182(a)(9)(B) of this title In determining whether an alien is eligible to be admitted to the United States as a nonimmigrant under , the grounds for inadmissibility specified in shall not apply.

(3)

section 1101(a)(15)(V) of this title 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 , if the alien—

(A)

applies for such adjustment;

(B)

satisfies the requirements of such section; and

(C)

section 1182(a) of this title 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 shall not apply.

(r)

Visas of nonimmigrants described in section 1101(a)(15)(K)(ii)

(1)

section 1101(a)(15)(K)(ii) of this title3

3 So in original. Probably should be “paragraph”.

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

(2)

section 1101(a)(15)(K)(ii) of this title section 1182(a)(7)(B) of this title In the case of an alien seeking admission under who concluded a marriage with a citizen of the United States outside the United States, the alien shall be considered inadmissible under 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)

section 1101(a)(15)(K)(ii) of this title In the case of a nonimmigrant described in , 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)

section 1154 of this title section 1151(b)(2)(A)(i) of this title The petition filed under to accord the principal alien status under .

(B)

The principal alien’s application for an immigrant visa pursuant to the approval of such petition.

(C)

section 1255 of this title The principal alien’s application for adjustment of status under pursuant to the approval of such petition.

(4)

(A)

section 1101(a)(15)(K) of this title section 1101(a)(15)(K) of this title The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for fiancé(e)s and spouses under clauses (i) and (ii) of . Upon approval of a second visa petition under for a fiancé(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 fiancé(e) or spouse nonimmigrant visa petitions filed by that petitioner under such section shall be entered in the database.

(B)

(i)

section 1101(a)(15)(K) of this title Once a petitioner has had two fiancé(e) or spousal petitions approved under clause (i) or (ii) of , 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 fiancé(e) or spousal petitions listed in the database.

(ii)

section 1375a(a)(5)(A)(i) of this title To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in .

(5)

In this subsection:

(A)

(B)

The term “specified crime” means the following:

(i)

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or an attempt to commit any such crime.

(ii)

(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 66 Stat. 189 Pub. L. 91–225, § 3Apr. 7, 197084 Stat. 117 Pub. L. 98–454, title VI, § 602(b)Oct. 5, 198498 Stat. 1737 Pub. L. 99–603, title IIINov. 6, 1986100 Stat. 3411 Pub. L. 99–639, § 3(a)Nov. 10, 1986100 Stat. 3542 Pub. L. 100–449, title III, § 307(b)Sept. 28, 1988102 Stat. 1877 Pub. L. 100–525, § 2lOct. 24, 1988102 Stat. 2612 Pub. L. 101–649, title IINov. 29, 1990104 Stat. 5014 Pub. L. 102–232, title IIDec. 12, 1991105 Stat. 1737–1741 Pub. L. 103–322, title XIII, § 130003(b)(2)Sept. 13, 1994108 Stat. 2025 Pub. L. 103–416, title II, § 220(b)Oct. 25, 1994108 Stat. 4319 Pub. L. 104–208, div. C, title III, § 308(e)(1)(D)Sept. 30, 1996110 Stat. 3009–619 Pub. L. 105–65, title I, § 108Oct. 27, 1997111 Stat. 1350 Pub. L. 105–277, div. C, title IVOct. 21, 1998112 Stat. 2681–642 Pub. L. 106–104, § 2Nov. 13, 1999113 Stat. 1483 Pub. L. 106–311, § 1Oct. 17, 2000114 Stat. 1247 Pub. L. 106–313, title IOct. 17, 2000114 Stat. 1251–1253 Pub. L. 106–386, div. A, § 107(e)(2)Oct. 28, 2000114 Stat. 1478 Pub. L. 106–396, title IV, § 401Oct. 30, 2000114 Stat. 1647 Pub. L. 106–553, § 1(a)(2) [title XI, §§ 1102(b), (d)(1), 1103(b), (c)(1)]Dec. 21, 2000114 Stat. 2762 Pub. L. 107–45, § 1Oct. 1, 2001115 Stat. 258 Pub. L. 107–124Jan. 16, 2002115 Stat. 2402 Pub. L. 107–125Jan. 16, 2002115 Stat. 2403 Pub. L. 107–273, div. C, title I, § 11018(a)Nov. 2, 2002116 Stat. 1825 Pub. L. 107–274, § 2(c)Nov. 2, 2002116 Stat. 1923 Pub. L. 108–77, title IVSept. 3, 2003117 Stat. 940 Pub. L. 108–78, title IV, § 402Sept. 3, 2003117 Stat. 970 Pub. L. 108–193Dec. 19, 2003117 Stat. 2878 Pub. L. 108–441, § 1(b)Dec. 3, 2004118 Stat. 2630 Pub. L. 108–447, div. J, title IVDec. 8, 2004118 Stat. 3351–3353 Pub. L. 109–13, div. B, title IVMay 11, 2005119 Stat. 318–322 Pub. L. 109–162, title VIIIJan. 5, 2006119 Stat. 3062 Pub. L. 109–364, div. A, title X, § 1074(a)Oct. 17, 2006120 Stat. 2403 Pub. L. 109–463, § 2Dec. 22, 2006120 Stat. 3477 Pub. L. 110–229, title VII, § 702(b)(1)May 8, 2008122 Stat. 860 Pub. L. 110–362, § 2Oct. 8, 2008122 Stat. 4013 Pub. L. 110–457, title II, § 201(b)Dec. 23, 2008122 Stat. 5053 Pub. L. 113–4, title VIIIMar. 7, 2013127 Stat. 111 Pub. L. 114–113, div. F, title V, § 565Dec. 18, 2015129 Stat. 2523 Pub. L. 116–113, title III, § 311(b)Pub. L. 103–182, title III, § 341(b)Dec. 8, 1993107 Stat. 2116 Pub. L. 116–113 Pub. L. 116–113, title V, § 503(b)(1)Jan. 29, 2020134 Stat. 71 Pub. L. 116–113, title V, § 503(c)Jan. 29, 2020134 Stat. 71 (, title II, ch. 2, § 214, ; , , ; , , ; , §§ 301(b), 313(b), , , 3438; , (c), , ; , , ; ()(1), , ; , §§ 202(a), 205(a), (b), (c)(2), 206(b), 207(b), , , 5019, 5020, 5023, 5025; , §§ 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1), title III, § 303(a)(10)–(12), , , 1748; , , ; , , ; , (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), , to 3009–621, 3009–623, 3009–695, 3009–699, 3009–721, 3009–723; , , ; , §§ 411(a), 414(a), , , 2681–651; , , ; , , ; , §§ 102(a), 103, 105(a), 108, , , 1255; , div. B, title V, § 1513(c), , , 1535; , , ; , , , 2762A–142, 2762A–144, 2762A–145; , , ; , , ; , §§ 1, 2(a), , ; , , ; , , ; , §§ 402(a)(2), (d)(1), 403, 404, , , 946, 947; , , ; , §§ 4(b)(2), 8(a)(3), , , 2886; –(d), , ; , §§ 412(a), 413(a), 422(b), 425(a) 426(a), , , 3356, 3357; , §§ 402(a), 403(a), 404(a), 405, title V, § 501(b), (c), , ; , §§ 821(a), (b), (c)(2), 832(a)(1),(2), , , 3066, 3067; , , ; , , ; , , ; , , ; , (c), , ; , §§ 805(a), 807(a), , , 112; , , ; , (c), formerly , (c), , , 2117, renumbered § 311(b), (c) of by –(3), , ; , , .)

Amendment of Section

section 107(c) of Pub. L. 108–78For termination of amendment by , see Effective and Termination Dates of 2003 Amendment note below.

section 107(c) of Pub. L. 108–77For termination of amendment by , see Effective and Termination Dates of 2003 Amendment note below.

section 501(c) of Pub. L. 100–449For termination of amendment by , see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

References in Text

act Dec. 29, 1945, ch. 652, title I 59 Stat. 669 section 288 of Title 22The International Organizations Immunities Act, referred to in subsec. (b), is , , 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 and Tables.

Section 4605(j)(1)(A) of title 50 Pub. L. 115–232, div. A, title XVII, § 1766(a)Aug. 13, 2018132 Stat. 2232 section 4605(j)(1)(A) of title 50 section 4813(c)(1)(A)(i) of title 50 Pub. L. 115–232, referred to in subsec. (c)(4)(F)(iii)(I), was repealed by , , . Provisions similar to those in former can be found in , as enacted by .

act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this titleThis chapter, referred to in subsecs. (c)(4)(H), (e), and (j), was in the original, “this Act”, meaning , , 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 and Tables.

section 3 of Pub. L. 109–162 section 3796gg–2 of Title 42 section 10447 of Title 34Section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to in subsecs. (d)(3)(A) and (r)(5)(A), is , which enacted sections 10447 and 12291 of Title 34, Crime Control and Law Enforcement, amended sections 10448, 10465, 12351, 12409, and 12464 of Title 34, repealed former , The Public Health and Welfare, and amended provisions set out as a note under .

Codification

section 116 of title 46 section 2101(46) of title 46 Pub. L. 109–304, § 18(c)Oct. 6, 2006120 Stat. 1709 In subsec. (f)(1), “” substituted for “, United States Code” on authority of , , , section 4 of which enacted subtitle I of Title 46, Shipping.

Pub. L. 116–113 section 341 of Pub. L. 103–182 Pub. L. 116–113 Section 503(b)(4) of Pub. L. 116–113 Pub. L. 116–113Section 503(b)(1)–(3) of amended , subsecs. (b) and (c) of which had amended this section, by transferring that section to the beginning of subtitle B of title III of and renumbering it as section 311. subsequently repealed subsecs. (b) and (c) of the renumbered section 311. The amendments by section 503(b)(1)–(3) of resulted in no change to the text of this section. See source credits above.

Amendments

Pub. L. 116–113, § 503(c)(1)(C)section 4502 of title 192020—Subsec. (e)(1). , substituted “Annex 16–A of the USMCA (as defined in )” for “Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as ‘NAFTA’)” and “For purposes of this paragraph, the term ‘citizen of Mexico’ means ‘citizen’ as defined in article 16.1 of the USMCA.” for “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.”

Pub. L. 116–113, § 503(c)(1)(A), (B), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: “Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada and seeks to enter the United States under and pursuant to the provisions of Annex 1502.1 (United States of America), Part C—Professionals, of the United States-Canada Free-Trade Agreement to engage in business activities at a professional level as provided for therein may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor.”

Pub. L. 116–113, § 503(c)(1)(B)Subsec. (e)(2). , redesignated par. (6) as (2). Former par. (2) redesignated (1).

Pub. L. 116–113, § 503(c)(1)(A)Subsec. (e)(3) to (5). , struck out pars. (3) to (5) which related to nonimmigrant professionals and annual numerical limit for citizens of Mexico.

Pub. L. 116–113, § 503(c)(1)(B)Subsec. (e)(6). , redesignated par. (6) as (2).

Pub. L. 116–113, § 503(c)(2)section 4502 of title 19Subsec. (j)(1). , substituted, in first sentence,“Annex 16–A of the USMCA (as defined in )” for “Annex 1603 of the North American Free Trade Agreement”, in second sentence, “article 16.4 of the USMCA” for “article 1603 of such Agreement”, and, in third sentence, “article 16.1 of the USMCA” for “Annex 1608 of such Agreement”.

Pub. L. 114–1132015—Subsec. (g)(9)(A). substituted “2013, 2014, or 2015 shall not again be counted toward such limitation during fiscal year 2016.” for “2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007.”

Pub. L. 113–4, § 807(a)(1)(A)2013—Subsec. (d)(1). , substituted “crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i).” for “crime.”

Pub. L. 113–4, § 807(a)(1)(B)Subsec. (d)(2)(A). , substituted “the Secretary of Homeland Security” for “a consular officer” and “the Secretary” for “the officer” in introductory provisions.

Pub. L. 113–4, § 807(a)(1)(C)Subsec. (d)(3)(B)(i). , substituted “abuse, stalking, or an attempt to commit any such crime.” for “abuse, and stalking.”

Pub. L. 113–4, § 805(a)Subsec. (p)(7). , added par. (7).

Pub. L. 113–4, § 807(a)(2)(A)Subsec. (r)(1). , substituted “crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in subsection (5)(B)(i).” for “crime.”

Pub. L. 113–4, § 807(a)(2)(B)section 1375a(a) of this titleSubsec. (r)(4)(B)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “A copy of the information and resources pamphlet on domestic violence developed under shall be mailed to the beneficiary along with the notification required in clause (i).”

Pub. L. 113–4, § 807(a)(3)Subsec. (r)(5)(B)(i). , substituted “abuse, stalking, or an attempt to commit any such crime.” for “abuse, and stalking.”

Pub. L. 110–2292008—Subsec. (a)(1). substituted “Guam or the Commonwealth of the Northern Mariana Islands” for “Guam” wherever appearing and substituted “45 days” for “fifteen days”.

lPub. L. 110–362Subsec. ()(1)(D)(ii). substituted “10” for “5”.

oPub. L. 110–457, § 201(b)(1)Subsec. ()(7)(B). , inserted dash after “if”, designated remainder of existing provisions as cl. (i), and added cls. (ii) and (iii).

oPub. L. 110–457, § 201(b)(2)Subsec. ()(7)(C). , added subpar. (C).

Pub. L. 110–457, § 201(c)section 1101(a)(15)(U) of this title section 1255(m) of this title section 1255(m) of this title section 1101(a)(15)(U) of this titleSubsec. (p)(6). , 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 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 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 . The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under .”

Pub. L. 109–463, § 2(a)2006—Subsec. (c)(4)(A)(i), (ii). , 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.”

Pub. L. 109–463, § 2(b)Subsec. (c)(4)(F) to (H). –(d), added subpars. (F) to (H).

Pub. L. 109–162, § 832(a)(1)Subsec. (d). , 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).

Pub. L. 109–364, § 1074(a)(1)section 1101(a)(15)(H)(ii)(b) of this titleSubsec. (g)(9)(A). , 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 shall not be counted toward such limitation for the fiscal year in which the petition is approved”.

Pub. L. 109–364, § 1074(a)(2)section 1101(a)(15)(H)(ii)(b) of this titleSubsec. (g)(9)(B). , substituted “to admit or otherwise provide status under ” for “referred to in subparagraph (A)” in introductory provisions.

lPub. L. 109–162, § 821(c)(2)Subsec. ()(2)(A). , substituted “1258(a)(2)” for “1258(2)”.

oPub. L. 109–162, § 821(a)Subsec. ()(7). , added par. (7).

Pub. L. 109–162, § 821(b)Subsec. (p)(6). , added par. (6).

Pub. L. 109–162, § 832(a)(2)(A)Subsec. (r)(1). , inserted at end “Such information shall include information on any criminal convictions of the petitioner for any specified crime.”

Pub. L. 109–162, § 832(a)(2)(B)Subsec. (r)(4), (5). , added pars. (4) and (5).

Pub. L. 109–13, § 403(a)2005—Subsec. (c)(13). , added par. (13).

Pub. L. 109–13, § 404(a)Subsec. (c)(14). , added par. (14).

Pub. L. 109–13, § 402(a)Subsec. (g)(9). , added par. (9).

Pub. L. 109–13, § 405Subsec. (g)(10). , added par. (10).

Pub. L. 109–13, § 501(b)Subsec. (g)(11). , added par. (11).

Pub. L. 109–13, § 501(c)section 1101(a)(15)(E)(iii) of this title section 1101(a)(15)(H)(i)(b) of this titleSubsec. (i)(1). , inserted “, ,” after “” in introductory provisions.

Pub. L. 108–447, § 413(a)section 1101(a)(15)(L) of this title2004—Subsec. (c)(2)(A). , struck out at end “In the case of an alien seeking admission under , 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.”

Pub. L. 108–447, § 412(a)Subsec. (c)(2)(F). , added subpar. (F).

Pub. L. 108–447, § 422(b)(1)October 1, 2003Subsec. (c)(9)(A). , struck out “” before “a petition under paragraph (1)” in introductory provisions.

Pub. L. 108–447, § 422(b)(2)Subsec. (c)(9)(B). , (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)”.

Pub. L. 108–447, § 426(a)Subsec. (c)(12). , added par. (12).

Pub. L. 108–447, § 425(a)(1)section 1101(a)(15)(H)(i)(b) of this titleSubsec. (g)(5). , struck out “is employed (or has received an offer of employment) at” after “ who” in introductory provisions.

Pub. L. 108–447, § 425(a)(2)Subsec. (g)(5)(A). , inserted “is employed (or has received an offer of employment) at” before “an institution” and struck out “or” at end.

Pub. L. 108–447, § 425(a)(3)Subsec. (g)(5)(B). , inserted “is employed (or has received an offer of employment) at” before “a nonprofit” and substituted “; or” for period at end.

Pub. L. 108–447, § 425(a)(4)Subsec. (g)(5)(C). , added subpar. (C).

lPub. L. 108–441, § 1(c)Subsec. ()(1)(D). , (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).

lPub. L. 108–441, § 1(b)Subsec. ()(2)(A). , inserted at end “The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or an interested State agency.”

Pub. L. 108–77 section 1101(a)(15) of this title section 1101(a)(15)(H)(i) of this title section 1101(a)(15) of this title2003—Subsec. (b). , §§ 107(c), 404(1), temporarily substituted “(other than a nonimmigrant described in subparagraph (L) or (V) of , and other than a nonimmigrant described in any provision of except subclause (b1) of such section)” for “(other than a nonimmigrant described in subparagraph (H)(i), (L), or (V) of )”. See Effective and Termination Dates of 2003 Amendments note below.

Pub. L. 108–77 section 1101(a)(15) of this titleSubsec. (c)(1). , §§ 107(c), 404(2), temporarily substituted “subparagraph (H), (L), (O), or (P)(i) of (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.

Pub. L. 108–77Subsec. (c)(11). , §§ 107(c), 402(d)(1), temporarily added par. (11). See Effective and Termination Dates of 2003 Amendments note below.

Pub. L. 108–77Subsec. (g)(8). , §§ 107(c), 402(a)(2)(B), temporarily added par. (8). See Effective and Termination Dates of 2003 Amendments note below.

Pub. L. 108–78Subsec. (g)(8)(A). , §§ 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.

Pub. L. 108–78Subsec. (g)(8)(B)(ii). , §§ 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 States-Chile Free Trade Agreement.” See Effective and Termination Dates of 2003 Amendments note below.

Pub. L. 108–77Subsec. (h). , §§ 107(c), 404(3), temporarily substituted “(H)(i)(b) or (c)” for “(H)(i)”. See Effective and Termination Dates of 2003 Amendments note below.

Pub. L. 108–77Subsec. (i)(1). , §§ 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.

Pub. L. 108–77Subsec. (i)(3). , §§ 107(c), 402(a)(2)(A)(ii), temporarily added par. (3). See Effective and Termination Dates of 2003 Amendments note below.

Pub. L. 108–77Subsec. (j). , §§ 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.

Pub. L. 108–193, § 8(a)(3)Subsec. (m). , redesignated subsec. (m), relating to increased portability of H–1B status, as (n).

Pub. L. 108–193, § 8(a)(3)oSubsec. (n). , 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 ().

Pub. L. 108–193, § 4(b)(2)(A)Subsec. (n)(3). , inserted “siblings,” before “or parents”.

Pub. L. 108–193, § 4(b)(2)(B)Subsec. (n)(4) to (6). , added pars. (4) to (6).

oPub. L. 108–193, § 8(a)(3)ooosection 1101(a)(15)(V) of this titleSubsec. (). , redesignated subsec. (n) as (). Former subsec. (), relating to requirements applicable to section 1101(a)(15)(U) visas, redesignated (p). Another former subsec. (), relating to employment of nonimmigrants described in , redesignated (q).

Pub. L. 108–193, § 8(a)(3)oSubsec. (p). , redesignated subsec. (), relating to requirements applicable to section 1101(a)(15)(U) visas, as (p). Former subsec. (p) redesignated (r).

Pub. L. 108–193, § 8(a)(3)osection 1101(a)(15)(V) of this titleSubsec. (q). , redesignated subsec. (), relating to employment of nonimmigrants described in , as (q).

Pub. L. 108–193, § 8(a)(3)Subsec. (r). , redesignated subsec. (p) as (r).

Pub. L. 107–125, § 2(a)section 1101(a)(15)(L) of this title2002—Subsec. (c)(2)(A). , inserted at end “In the case of an alien seeking admission under , 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.”

Pub. L. 107–125, § 1Subsec. (c)(2)(E). , added subpar. (E).

Pub. L. 107–124Subsec. (e)(6). added par. (6).

lPub. L. 107–273Subsec. ()(1)(B). substituted “30;” for “20;”.

Pub. L. 107–274Subsec. (m). 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.

Pub. L. 107–45, § 1(2)2001—Subsec. (k)(2). , redesignated par. (3) as (2).

Pub. L. 107–45, § 1(1)September 13, 1994, 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 .”

Pub. L. 107–45, § 1(2)Subsec. (k)(3). , redesignated par. (4) as (3). Former par. (3) redesignated (2).

Pub. L. 107–45, § 1(2)Subsec. (k)(4). , redesignated par. (5) as (4). Former par. (4) redesignated (3).

Pub. L. 107–45, § 1(3)Subsec. (k)(4)(E). , substituted “paragraph (3)” for “paragraph (4)”.

Pub. L. 107–45, § 1(2)Subsec. (k)(5). , redesignated par. (5) as (4).

Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(1)]2000—Subsec. (b). , substituted “(H)(i), (L), or (V)” for “(H)(i) or (L)”.

Pub. L. 106–311, § 1(1)section 1001(a) of title 20October 1, 2003section 1182(p)(1) of this titleDecember 1, 1998October 1, 2001Subsec. (c)(9)(A). , substituted “(excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in , 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 ” for “(excluding an employer described in subparagraph (A) or (B) of ) filing (on or after , and before )”.

Pub. L. 106–311, § 1(2)Subsec. (c)(9)(B). , substituted “$1,000” for “$500”.

Pub. L. 106–396Subsec. (c)(10). added par. (10).

Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(1)]Subsec. (d). , substituted “1101(a)(15)(K)(i)” for “1101(a)(15)(K)”.

Pub. L. 106–313, § 102(a)Subsec. (g)(1)(A)(iv) to (vii). , 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”.

Pub. L. 106–313, § 108Subsec. (g)(3). , 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.”

Pub. L. 106–313, § 103Subsec. (g)(5) to (7). , added pars. (5) to (7).

Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(1)]Subsec. (h). , substituted “(H)(i), (L), or (V)” for “(H)(i) or (L)”.

lPub. L. 106–386, § 107(e)(2)(A)lSubsec. (). , redesignated subsec. (), relating to nonimmigrant elementary and secondary school students, as (m).

Pub. L. 106–386, § 107(e)(2)(A)lSubsec. (m). , redesignated subsec. (), 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.

Pub. L. 106–386, § 107(e)(2)(B)Subsec. (n). , added subsec. (n).

oPub. L. 106–553, § 1(a)(2) [title XI, § 1102(b)]osection 1101(a)(15)(V) of this titleSubsec. (). , added subsec. () relating to employment of nonimmigrants described in .

Pub. L. 106–386, § 1513(c)o, added subsec. () relating to requirements applicable to section 1101(a)(15)(U) visas.

Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(b)]Subsec. (p). , added subsec. (p).

Pub. L. 106–1041999—Subsec. (k)(2). substituted “7 years” for “5 years”.

Pub. L. 105–277, § 414(a)1998—Subsec. (c)(9). , added par. (9).

Pub. L. 105–277, § 411(a)section 1101(a)(15)(H)(i)(b) of this titleSubsec. (g)(1)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “under may not exceed 65,000, or”.

lPub. L. 105–651997—Subsec. ()(1)(D). 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”.

Pub. L. 104–208, § 308(f)(1)(G)1996—Subsec. (c)(2)(A). , substituted “admission” for “entry”.

Pub. L. 104–208, § 308(f)(3)(B)Subsec. (c)(5)(B). , substituted “is admitted to” for “enters”.

Pub. L. 104–208, § 308(g)(5)(A)(i)Subsec. (d). , (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”.

Pub. L. 104–208, § 671(e)(4)(A)section 40102(a)(2) of title 49Subsec. (f)(1). , substituted “” for “section 101(3) of the Federal Aviation Act of 1958”.

Pub. L. 104–208, § 671(a)(3)(A)Subsec. (j). , redesignated subsec. (j), relating to numerical limitations on the number of aliens provided with nonimmigrant visas, as (k).

Pub. L. 104–208, § 621Subsec. (j)(1). , substituted “200” for “100” and “50” for “25”.

Pub. L. 104–208, § 671(a)(3)(A)lSubsec. (k). , redesignated subsec. (j), relating to numerical limitations on the number of aliens provided with nonimmigrant visas, as (k). Former (k) redesignated ().

Pub. L. 104–208, § 622(c)section 1182(e) of this title, 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 for former provisions relating to requests by interested State agencies for such waivers.

Pub. L. 104–208, § 308(e)(1)(D)Pub. L. 104–208, § 671(a)(3)(A)Subsec. (k)(4)(C). , amended subsec. (k)(4)(C), as redesignated by , by substituting “removal” for “deportation”.

lPub. L. 104–208, § 671(a)(3)(A)lSubsec. (). , redesignated subsec. (k) as ().

Pub. L. 104–208, § 625(a)(1)l, added subsec. () relating to nonimmigrant elementary and secondary school students.

Pub. L. 103–3221994—Subsec. (j). added subsec. (j) relating to numerical limitations on the number of aliens provided with nonimmigrant visas.

Pub. L. 103–416Subsec. (k). added subsec. (k).

Pub. L. 116–113, § 311(b)Pub. L. 103–182, § 341(b)Pub. L. 116–113, § 503(b)(1)1993—Subsec. (e). , formerly , as renumbered by –(3), designated existing provisions as par. (1) and added pars. (2) to (5).

Pub. L. 116–113, § 311(c)Pub. L. 103–182, § 341(c)Pub. L. 116–113, § 503(b)(1)Subsec. (j). , formerly , as renumbered by –(3), added subsec. (j).

Pub. L. 102–232, § 303(a)(11)1991—Subsec. (a)(2)(A). , 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”.

Pub. L. 102–232, § 206(a)section 1101(a)(15)(P) of this titleSubsec. (a)(2)(B). , 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 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.”

Pub. L. 102–232, § 303(a)(10)(A)Subsec. (c)(2)(A). , substituted “individual petitions” for “individuals petitions”.

Pub. L. 102–232, § 303(a)(10)(B)Subsec. (c)(2)(D). , substituted “involves” for “involved”.

Pub. L. 102–232, § 205(e)section 1101(a)(15)(O)(i) of this titleSubsec. (c)(3). , 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 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.”

Pub. L. 102–232, § 204(1)Subsec. (c)(3)(A). , substituted “after consultation in accordance with paragraph (6)” for “after consultation with peer groups in the area of the alien’s ability”.

Pub. L. 102–232, § 204(2)Subsec. (c)(3)(B). , 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”.

Pub. L. 102–232, § 203(b)Subsec. (c)(4)(A), (B). , added subpars. (A) and (B) and redesignated former subpars. (A) and (B) as (C) and (D), respectively.

Pub. L. 102–232, § 204(3)Subsec. (c)(4)(C). , struck out “clause (ii) of” after “under”.

Pub. L. 102–232, § 203(b), redesignated subpar. (A) as (C). Former subpar. (C) redesignated (E).

Pub. L. 102–232, § 204(4)Subsec. (c)(4)(D). , 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).

Pub. L. 102–232, § 206(c)(2)Subsec. (c)(4)(E). , 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).

Pub. L. 102–232, § 207(a)Subsec. (c)(5). , designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 102–232, § 303(a)(12)Subsec. (c)(5)(A). , substituted “1101(a)(15)(H)(ii)(b)” for “1101(H)(ii)(b)”.

Pub. L. 102–232, § 204(5)Subsec. (c)(6), (7). , (6), added par. (6) and redesignated former par. (6) as (7).

Pub. L. 102–232, § 207(c)(1)Subsec. (c)(8). , added par. (8).

Pub. L. 102–232, § 202(a)section 1101(a)(15)(P)(iii) of this titleSubsec. (g)(1). , 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 may not exceed 25,000.”

Pub. L. 101–649, § 207(b)(1)1990—Subsec. (a). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 101–649, § 205(b)(1)section 1101(a)(15) of this titleSubsec. (b). , inserted “(other than a nonimmigrant described in subparagraph (H)(i) or (L) of )” after “Every alien”.

Pub. L. 101–649Subsec. (c). , §§ 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).

Pub. L. 101–649, § 202(a)Subsec. (f). , added subsec. (f).

Pub. L. 101–649, § 205(a)Subsecs. (g) to (i). , (b)(2), (c)(2), added subsecs. (g) to (i).

Pub. L. 100–525, § 2lPub. L. 99–603, § 301(b)1988—Subsec. (c). ()(1), amended . See 1986 Amendment note below.

Pub. L. 100–449Subsec. (e). temporarily added subsec. (e). See Effective and Termination Dates of 1988 Amendment note below.

Pub. L. 99–603, § 313(b)section 1187 of this title1986—Subsec. (a). , inserted provision directing that no alien admitted without a visa pursuant to may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission.

Pub. L. 99–603, § 301(b)Pub. L. 100–525, § 2lsection 1101(a)(15)(H)(ii)(a) of this titleSubsec. (c). , as amended by ()(1), inserted provisions relating to nonimmigrants described in .

Pub. L. 99–639, § 3(a)Subsec. (d). , 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.”

Pub. L. 98–454l1984—Subsec. (a). inserted “No alien admitted to Guam without a visa pursuant to section 1182() 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.”

Pub. L. 91–225, § 3(a)section 1101(a)(15) of this title1970—Subsec. (c). , inserted reference to subpar. (L) of .

Pub. L. 91–225, § 3(b)Subsec. (d). , added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–113, title V, § 503(f)Jan. 29, 2020134 Stat. 72

“(1)

In general .—

section 341 of Pub. L. 103–182 section 311 of Pub. L. 116–113 section 3401 of Title 19 section 4561 of Title 19Each transfer, redesignation, and amendment made by this section [amending this section and sections 1365a and 1773 of this title and redesignating as and transferring it from , Customs Duties, to ] shall—

“(A)

July 1, 2020 take effect on the date on which the USMCA enters into force []; and

“(B)

apply with respect to a visa issued on or after that date.

“(2)

Transition from nafta .—

In the case of a visa issued before the date on which the USMCA enters into force—

“(A)

the transfers, redesignations, and amendments made by this section shall not apply with respect to the visa; and

“(B)

the provisions of law amended by subsections (b) through (d) [see bracket above], as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the visa.”

, , , provided that:

section 503(f) of Pub. L. 116–113 section 4502 of Title 19[For definition of “USMCA” as used in , set out above, see , Customs Duties.]

Effective Date of 2013 Amendment

Pub. L. 113–4, title VIII, § 805(b)Mar. 7, 2013127 Stat. 111

Public Law 106–386114 Stat. 1464 “The amendment made by subsection (a) [amending this section] shall take effect as if enacted as part of the Victims of Trafficking and Violence Protection Act of 2000 (; ).”

, , , provided that:

Effective Date of 2008 Amendment

Pub. L. 110–457Dec. 23, 2008Dec. 23, 2008section 201(f) of Pub. L. 110–457 section 1101 of this titleAmendment by effective , and applicable to applications for immigration benefits filed on or after , see , set out as a note under .

Pub. L. 110–229 section 1806 of Title 48 section 705(b) of Pub. L. 110–229 section 1806 of Title 48Amendment by effective on the transition program effective date described in , Territories and Insular Possessions, see , set out as an Effective Date note under .

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title X, § 1074(c)Oct. 17, 2006120 Stat. 2403

October 1, 2006October 1, 2006“The amendments made by this section [amending this section and provisions set out as a note under this section] shall take effect on . If this section is enacted after , the amendments made by this section shall take effect as if enacted on such date.”

, , , provided that:

Pub. L. 109–162, title VIII, § 832(a)(3)Jan. 5, 2006119 Stat. 3068

Jan. 5, 2006“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 [].”

, , , provided that:

Effective Date of 2005 Amendment

Pub. L. 109–13, div. B, title IV, § 402(b)May 11, 2005119 Stat. 318 Pub. L. 109–364, div. A, title X, § 1074(b)Oct. 17, 2006120 Stat. 2403

“(1)

In general .—

October 1, 2004The amendment in subsection (a) [amending this section] shall take effect as if enacted on .

“(2)

Implementation .—

May 11, 20058 U.S.C. 1101(a)(15)(H)(ii)(b)8 U.S.C. 1184(g)(9)(B)Not later than 14 days after the date of the enactment of this Act [], 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 [], 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 [], 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.”

, , , as amended by , , , provided that:

Pub. L. 109–13, div. B, title IV, § 403(c)May 11, 2005119 Stat. 319

section 1356 of this titleMay 11, 2005“The amendments made by subsections (a) and (b) [amending this section and ] shall take effect 14 days after the date of the enactment of this Act [] and shall apply to filings for a fiscal year after fiscal year 2005.”

, , , provided that:

Pub. L. 109–13, div. B, title IV, § 404(b)May 11, 2005119 Stat. 320

October 1, 2005“The amendment made by subsection (a) [amending this section] shall take effect on .”

, , , provided that:

Effective Date of 2004 Amendment

Pub. L. 108–447, div. J, title IV, § 412(b)Dec. 8, 2004118 Stat. 3352

Dec. 8, 2004“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 , see below], whether for initial, extended, or amended classification.”

, , , provided that:

Pub. L. 108–447, div. J, title IV, § 413(b)Dec. 8, 2004118 Stat. 3352

Dec. 8, 2004“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 , see below].”

, , , provided that:

Pub. L. 108–447, div. J, title IV, § 417Dec. 8, 2004118 Stat. 3353

Pub. L. 108–447 section 1380 of this title section 1101 of this titleDec. 8, 2004“This subtitle [subtitle A (§§ 411–417) of title IV of div. J of , enacting , amending this section, and enacting provisions set out as notes under this section and ] and the amendments made by this subtitle shall take effect 180 days after the date of enactment of this Act [].”

, , , provided that:

Pub. L. 108–447Dec. 8, 2004section 425(a) of Pub. L. 108–447Dec. 8, 2004section 430 of Pub. L. 108–447 section 1182 of this titleAmendment by sections 422(b) and 426(a) of effective , and amendment by effective 90 days after , see , set out as a note under .

Pub. L. 108–447, div. J, title IV, § 426(c)Dec. 8, 2004118 Stat. 3358

section 1356 of this titleDec. 8, 20048 U.S.C. 1184(c)8 U.S.C. 1202“The amendments made by this section [amending this section and ] shall take effect on the date of enactment of this Act [], and the fees imposed under such amendments shall apply to petitions under section 214(c) of the Immigration and Nationality Act [], and applications for nonimmigrant visas under section 222 of such Act [], filed on or after the date that is 90 days after the date of the enactment of this Act.”

, , , provided that:

Effective and Termination Dates of 2003 Amendments

Pub. L. 108–78Jan. 1, 2004section 107 of Pub. L. 108–78 section 3805 of Title 19Amendment by effective on the date the United States-Singapore Free Trade Agreement enters into force (), and ceases to be effective on the date the Agreement ceases to be in force, see , set out in a note under , Customs Duties.

Pub. L. 108–77Jan. 1, 2004section 107 of Pub. L. 108–77 section 3805 of Title 19Amendment by effective on the date the United States-Chile Free Trade Agreement enters into force (), and ceases to be effective on the date the Agreement ceases to be in force, see , set out as a note under , Customs Duties.

Effective Date of 2002 Amendment

Pub. L. 107–273May 31, 2002section 11018(d) of Pub. L. 107–273 section 1182 of this titleAmendment by effective as if enacted , see , set out as a note under .

Effective Date of 2000 Amendments

Pub. L. 106–553Dec. 21, 2000section 1154 of this titleDec. 21, 2000Pub. L. 106–553 section 1101 of this titleAmendment by section 1(a)(2) [title XI, § 1102(b), (d)(1)] of effective , and applicable to alien who is beneficiary of classification petition filed under on or before , see section 1(a)(2) [title XI, § 1102(e)] of , set out as a note under .

Pub. L. 106–553Dec. 21, 2000section 1154 of this titleDec. 21, 2000Pub. L. 106–553 section 1101 of this titleAmendment by section 1(a)(2) [title XI, § 1103(b), (c)(1)] of effective , and applicable to alien who is beneficiary of classification petition filed under before, on, or after , see section 1(a)(2) [title XI, § 1103(d)] of , set out as a note under .

Pub. L. 106–313, title I, § 105(b)Oct. 17, 2000114 Stat. 1253

Oct. 17, 2000“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 [].”

, , , provided that:

Pub. L. 106–311, § 2Oct. 17, 2000114 Stat. 1247

Oct. 17, 2000“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 [].”

, , , provided that:

Effective Date of 1998 Amendment

Pub. L. 105–277, div. C, title IV, § 411(b)Oct. 21, 1998112 Stat. 2681–642

“The amendment made by subsection (a) [amending this section] applies beginning with fiscal year 1999.”

, , , provided that:

Effective Date of 1996 Amendment

Pub. L. 104–208Sept. 30, 1996section 309 of Pub. L. 104–208 section 1101 of this titleAmendment by section 308(e)(1)(D), (2)(B), (f)(1)(G), (H), (3)(B), (g)(5)(A)(i), (7)(A) of effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

section 625(a)(1) of Pub. L. 104–208 section 1101(a)(15)(F) of this titleSept. 30, 1996section 625(c) of Pub. L. 104–208 section 1101 of this titleAmendment by applicable to individuals who obtain status of nonimmigrant under after end of 60-day period beginning , including aliens whose status as such a nonimmigrant is extended after end of such period, see , set out as a note under .

section 671(a)(3)(A) of Pub. L. 104–208 Pub. L. 103–322 section 671(a)(7) of Pub. L. 104–208 section 1101 of this titleAmendment by effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, , see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–416 section 1101(a)(15)(J) of this titleOct. 25, 1994Sept. 30, 2015section 220(c) of Pub. L. 103–416 section 1182 of this titleAmendment by applicable to aliens admitted to United States under , or acquiring such status after admission to United States, before, on, or after , and before , subject to extensions, see , as amended, set out as an Effective and Termination Dates of 1994 Amendment note under , and bracketed notes thereunder.

Effective Date of 1993 Amendment

Pub. L. 103–182Jan. 1, 1994section 342 of Pub. L. 103–182 section 4561 of Title 19Amendment by effective on date the North American Free Trade Agreement enters into force with respect to the United States (), see , formerly set out as a note under , Customs Duties.

Effective Date of 1991 Amendment

Pub. L. 102–232Apr. 1, 1992section 208 of Pub. L. 102–232 section 1101 of this titleAmendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1) of effective , see , set out as a note under .

Pub. L. 102–232 Pub. L. 101–649 section 310(1) of Pub. L. 102–232 section 1101 of this titleAmendment by section 303(a)(10)–(12) of effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .

Effective Date of 1990 Amendment

section 202(a) of Pub. L. 101–649Nov. 29, 1990section 202(c) of Pub. L. 101–649 section 1182 of this titleAmendment by effective 60 days after , see , set out as a note under .

Pub. L. 101–649Oct. 1, 1991section 231 of Pub. L. 101–649 section 1101 of this titleAmendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of effective , see , set out as a note under .

Effective and Termination Dates of 1988 Amendment

Pub. L. 100–525 Pub. L. 99–603 section 2(s) of Pub. L. 100–525 section 1101 of this titleAmendment by effective as if included in enactment of Immigration Reform and Control Act of 1986, , see , set out as an Effective Date of 1988 Amendment note under .

Pub. L. 100–449Jan. 1, 1989Pub. L. 100–449 section 2112 of Title 19Amendment by effective on the date the United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c) of , set out in a note under , Customs Duties.

Effective Date of 1986 Amendments

Pub. L. 99–639, § 3(d)(1)Nov. 10, 1986100 Stat. 3542

“(1)

Nov. 10, 1986 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 [].

“(3)

8 U.S.C. 1101(a)(15)(K) 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 [] on or after the date of the enactment of this Act.”

, (3), , , provided that:

section 301(b) of Pub. L. 99–603Nov. 6, 1986section 301(d) of Pub. L. 99–603 section 1188 of this titleAmendment by 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 , see , as amended, set out as an Effective Date note under .

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

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .

Authorization for Increase in Nonagricultural Worker Visas in Certain Fiscal Years

Pub. L. 119–75, div. I, § 5016Feb. 3, 2026140 Stat. 631

8 U.S.C. 1184(g)(1)(B)8 U.S.C. 1101(a)(15)(H)(ii)(b)“Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon the determination that the needs of United States businesses cannot be satisfied during fiscal year 2026 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act () in such fiscal year by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.”

, , , provided that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 118–47, div. G, title I, § 105Mar. 23, 2024138 Stat. 856 , , .

Pub. L. 117–328, div. O, title III, § 303Dec. 29, 2022136 Stat. 5227 , , .

Pub. L. 117–103, div. O, title II, § 204Mar. 15, 2022136 Stat. 788 , , .

Pub. L. 116–260, div. O, title I, § 105Dec. 27, 2020134 Stat. 2148 , , .

Limitation on Use of Certain Information

Pub. L. 109–162, title VIII, § 832(b)Jan. 5, 2006119 Stat. 3068

8 U.S.C. 1101(a)(15)(K)section 1375a of this title section 1375 of this title“The fact that an alien described in clause (i) or (ii) of section 101(a)(15)(K) of the Immigration and Nationality Act () is aware of any information disclosed under the amendments made by this section [amending this section] or under section 833 [enacting and repealing ] shall not be used to deny the alien eligibility for relief under any other provision of law.”

, , , provided that:

Exemption From Administrative Procedure Act

Pub. L. 109–13, div. B, title IV, § 407May 11, 2005119 Stat. 321

section 1356 of this title“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 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.”

, , , provided that:

L Visa Interagency Task Force and Inspector General Report

Pub. L. 108–447, div. J, title IVDec. 8, 2004118 Stat. 3352

“SEC. 415.

INSPECTOR GENERAL REPORT ON L VISA PROGRAM.

Dec. 8, 20046 U.S.C. 236 8 U.S.C. 1184(c)8 U.S.C. 1101(a)(15)(L)“Not later than 6 months after the date of enactment of this Act [], 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 (), 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 () with respect to nonimmigrants described in section 101(a)(15)(L) of such Act ().

“SEC. 416.

ESTABLISHMENT OF TASK FORCE.

“(a)

Establishment .—

Dec. 8, 2004Not later than 6 months after the date of enactment of this Act [], 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 .—

Pub. L. 108–447Not 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 ], 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.”

, §§ 415, 416, , , provided that:

Statistical Information on Country of Origin, Occupation, Educational Level and Compensation

Pub. L. 108–447, div. J, title IV, § 425(b)Dec. 8, 2004118 Stat. 3356

Dec. 8, 20048 U.S.C. 1184(g)(5)Public Law 105–277112 Stat. 2681–655 “Beginning on the date of enactment of this Act [], 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 () 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 (; ) [set out below].”

, , , provided that:

Additional Visas for Fiscal Years 1999 and 2000

Pub. L. 106–313, title I, § 102(b)Oct. 17, 2000114 Stat. 1251

“(1)

In general .—

(A)

8 U.S.C. 1184(g)(1)(A)(ii)8 U.S.C. 1101(a)(15)(H)(i)(b)September 30, 1999 Notwithstanding section 214(g)(1)(A)(ii) 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 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on .

“(B)

September 1, 2000August 31, 2000 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 , 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 .

“(2)

Effective date .—

Public Law 105–277Paragraph (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; ) [see Effective Date of 1998 Amendment note above].”

, , , provided that:

One-Time Protection Under Per Country Ceiling

Pub. L. 106–313, title I, § 104(c)Oct. 17, 2000114 Stat. 1253

8 U.S.C. 1184(g)(4)“Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (), any alien who—

“(1)

8 U.S.C. 1154(a)8 U.S.C. 1153(b) is the beneficiary of a petition filed under section 204(a) of that Act [] for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act []; 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.”

, , , provided that:

Special Provisions in Cases of Lengthy Adjudications

Pub. L. 106–313, title I, § 106(a)Oct. 17, 2000114 Stat. 1253 Pub. L. 107–273, div. C, title I, § 11030ANov. 2, 2002116 Stat. 1836

“(a)

Exemption From Limitation .—

8 U.S.C. 1184(g)(4)8 U.S.C. 1101(a)(15)(H)(i)(b)The limitation contained in section 214(g)(4) of the Immigration and Nationality Act () 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 (), if 365 days or more have elapsed since the filing of any of the following:

“(1)

8 U.S.C. 1182(a)(5)(A)8 U.S.C. 1153(b) Any application for labor certification under section 212(a)(5)(A) of such Act (), in a case in which certification is required or used by the alien to obtain status under section 203(b) of such Act ().

“(2)

3 U.S.C. 1154(b)8 U.S.C. 1154(b) A petition described in section 204(b) of such Act () [] to accord the alien a status under section 203(b) of such Act.

“(b)

Extension of H–B Worker Status 1.—

The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made—

“(1)

to deny the application described in subsection (a)(1), or, in a case in which such application is granted, to deny a petition described in subsection (a)(2) filed on behalf of the alien pursuant to such grant;

“(2)

to deny the petition described in subsection (a)(2); or

“(3)

to grant or deny the alien’s application for an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence.”

, (b), , , 1254, as amended by , , , provided that:

Exclusion of Certain “J” Nonimmigrants From Numerical Limitations Applicable To “H–1B” Nonimmmigrants

Pub. L. 106–313, title I, § 114Oct. 17, 2000114 Stat. 1262

section 102 of this titlel8 U.S.C. 1184l“The numerical limitations contained in [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() of the Immigration and Nationality Act [()] (relating to restrictions on waivers).”

, , , provided that:

Improving Count of H–1B and H–2B Nonimmigrants

Pub. L. 105–277, div. C, title IV, § 416Oct. 21, 1998112 Stat. 2681–655 Pub. L. 109–13, div. B, title IV, § 406May 11, 2005119 Stat. 320

“(a)

Ensuring Accurate Count .—

8 U.S.C. 1184(g)(1)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 () who are issued visas or otherwise provided nonimmigrant status.

“(b)

Revision of Petition Forms .—

8 U.S.C. 1101(a)(15)(H)8 U.S.C. 1184(g)(1)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 () 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 () who are issued visas or otherwise provided nonimmigrant status.

“(c)

Provision of Information.—

“(1)

Quarterly notification .—

8 U.S.C. 1101(a)(15)(H)(i)(b)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 [] during the preceding 3-month period.

“(2)

Annual submission .—

8 U.S.C. 1101(a)(15)(H)(i)(b)section 1182 of this titleBeginning 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 [] 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 ].

“(3)

Specification of number of petitions filed by certain employers .—

8 U.S.C. 1182(p)(1)section 415 of this titleEach 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 [] (as added by ).

“(d)

Provision of Information.—

“(1)

Semiannual notification .—

March 1, 2006Beginning not later than , the Secretary of Homeland Security and the Secretary of State shall notify, on a semiannual basis, the Committees on the Judiciary of the House of Representatives and the Senate of the number of aliens who during the preceding 1-year period—

“(A)

8 U.S.C. 1101(a)(15)(H)(ii)(b) were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (); 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)

8 U.S.C. 1101(a)(15)(H)(ii)(b) 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 () 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.”

, , , as amended by , , , provided that:

Reporting on Studies Showing Economic Impact of H–1B Nonimmigrant Increase

Pub. L. 105–277, div. C, title IV, § 418(b)Oct. 21, 1998112 Stat. 2681–657

section 411(a) of this title 8 U.S.C. 1101(a)(15)(H)(i)(b)“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 [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 [] has had an impact on any national economic indicator, such as the level of inflation or unemployment, that warrants action by the Congress.”

, , , provided that:

Deadline for First Report With Respect to Petitions

Pub. L. 102–232, title II, § 207(c)(2)Dec. 12, 1991105 Stat. 1742

8 U.S.C. 1184(c)(8)April 1, 1993“The first report under section 214(c)(8) of the Immigration and Nationality Act [] shall be provided not later than .”

, , , provided that:

April 1, 1992Delay Until , in Application of Subsection (g)(1)(C) of This Section

section 3 of Pub. L. 102–110April 1, 1992section 1101 of this titleSee , set out as a Delay Until , in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models note under .

Work Authorization During Pending Labor Disputes

Pub. L. 101–649, title II, § 207(c)Nov. 29, 1990104 Stat. 5026 Pub. L. 102–232, title III, § 303(a)(13)Dec. 12, 1991105 Stat. 1748

“(1)

8 U.S.C. 1101(a)(15)(H)(ii)(a)Nov. 29, 1990 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 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)

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.”

, , , as amended by , , , provided that:

Off-Campus Work Authorization for Students (F Nonimmigrants)

Pub. L. 101–649, title II, § 221Nov. 29, 1990104 Stat. 5027 Pub. L. 102–232, title III, § 303(b)(1)Dec. 12, 1991105 Stat. 1748 Pub. L. 103–416, title II, § 215(a)Oct. 25, 1994108 Stat. 4315

“(a)

Year Provision 5-.—

8 U.S.C. 1101(a)(15)October 1, 1991With 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 [] during the 5-year period beginning , 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 .—

April 1, 1996Not later than , 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.”

, , , as amended by , (2), , ; , , , provided that:

Limitation on Admission of Aliens Seeking Employment in the Virgin Islands

Sept. 30, 1982section 1101(a)(15)(H)(ii) of this title section 3 of Pub. L. 97–271 section 1255 of this titleNotwithstanding any other provision of law, the Attorney General not to be authorized, on or after , to approve any petition filed under subsec. (c) of this section in the case of importing any alien as a nonimmigrant under 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 , set out as a note under .

Importation of Sheepherders; Termination of Quota Deductions

June 30, 1950, ch. 423 64 Stat. 306 Apr. 9, 1952, ch. 171 66 Stat. 50 July 1, 1957Quota deductions authorized by acts , ; , , terminated effective .

Cancellation of Certain Nonimmigrant Departure Bonds

Pub. L. 85–531July 18, 195872 Stat. 375 July 18, 1963May 6, 1945July 1, 1953, , , authorized the Attorney General, upon application made not later than , 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 , and prior to , and who had his immigration status adjusted to that of an alien admitted for permanent residence pursuant to any public or private law.