FILE h1292.ih 104th CONGRESS 1st Session To revise, codify, and enact without substantive change certain general and permanent laws, related to aliens and nationality, as title 8, United States Code, `Aliens and Nationality'. IN THE HOUSE OF REPRESENTATIVES March 22, 1995 Mr. Hyde introduced the following bill; which was referred to the Committee on the Judiciary A BILL To revise, codify, and enact without substantive change certain general and permanent laws, related to aliens and nationality, as title 8, United States Code, `Aliens and Nationality'. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TITLE 8, UNITED STATES CODE. Certain general and permanent laws of the United States, related to aliens and nationality, are revised, codified, and enacted as title 8, United States Code, `Aliens and Nationality', as follows: TITLE 8--ALIENS AND NATIONALITY Sec. -I. -GENERAL -101 -II. -ALIENS -2101 -III. -UNLAWFUL EMPLOYMENT PRACTICES -11101 -IV. -REFUGEE AND IMMIGRANT PROGRAMS -13101 -V. -CITIZENSHIP AND NATIONALITY -20101 SUBTITLE I--GENERAL Sec. -1. -DEFINITIONS -101 -3. -ORGANIZATION AND ADMINISTRATION -301 -5. -PASSPORTS AND TRAVEL REQUIREMENTS -501 -7. -GENERAL MISCELLANEOUS -701 CHAPTER 1--DEFINITIONS Sec. 101. Adjacent islands. 102. Advocates. 103. Agency. 104. Aggravated felony. 105. Alien. 106. Application for admission. 107. Border crossing identification card. 108. Child. 109. Consular officer. 110. Crewmember. 111. Entry. 112. Executive agency. 113. Executive capacity. 114. Foreign country. 115. Good moral character. 116. Graduate of a medical school. 117. Immediate relative. 118. Immigrant. 119. Immigration judge. 120. Immigration laws. 121. Immigration officer. 122. Ineligible for citizenship. 123. International organization. 124. Lawfully admitted for permanent residence. 125. Managerial capacity. 126. National. 127. National of the United States. 128. Naturalization. 129. Nonimmigrant. 130. Parent, father, and mother. 131. Passport. 132. Refugee. 133. Residence. 134. Special immigrant. 135. Spouse, wife, and husband. 136. State. 137. Totalitarian dictatorship. 138. Totalitarian party. 139. United States. 140. Unmarried. 141. Visa. Sec. 101. Adjacent islands In this title, `adjacent islands' includes the Bahamas, Barbados, Bermuda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique, Miquelon, Saint Pierre, Trinidad, the Windward and Leeward Islands, and other British, French, and Dutch territories and possessions in or bordering on the Caribbean Sea. Sec. 102. Advocates In this title, `advocates' includes advises, recommends, furthers by overt act, and admits belief in. Sec. 103. Agency In this title (except subchapter II of chapter 131 and chapters 133-137), `agency' means a department, agency, or instrumentality of the United States Government. Sec. 104. Aggravated felony (a) Commission and Conviction at any Time: (1) In this title, `aggravated felony' means any of the following, or an attempt or conspiracy to commit any of the following, committed in the United States: (A) murder. (B) illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), including a drug trafficking crime (as defined in section 924(c)(2) of title 18). (C) illicit trafficking in a firearm or destructive device (as defined in section 921(a) of title 18). (2) Paragraph (1) of this subsection applies to an offense under a law of a State or the United States. (b) Additional Offenses Committed After November 28, 1990: (1) In this title, `aggravated felony', in addition to its meaning under subsection (a) of this section, means-- (A) any of the offenses specified in subsection (a)(1) of this section, or an attempt or conspiracy to commit any of those offenses, committed outside the United States after November 28, 1990; and (B) any of the following, or an attempt or conspiracy to commit any of the following, committed in or outside the United States after November 28, 1990: (i) a crime of violence (as defined in section 16 of title 18, except a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least 5 years. (ii) an offense described in section 1956 of title 18 for which a conviction is entered before October 25, 1994. (2) Paragraph (1) of this subsection applies to an offense under a law of-- (A) a State or the United States; or (B) a foreign country if the term of imprisonment for the offense was completed within the prior 15 years. (c) Additional Offenses for Which Conviction Is Entered After October 24, 1994: (1) In this title, `aggravated felony', in addition to its meaning under subsections (a) and (b) of this section, means any of the following, or an attempt or conspiracy to commit any of the following, for which a conviction is entered after October 24, 1994: (A) illicit trafficking in an explosive material (as defined in section 841(c) of title 18). (B) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least 5 years. (C) an offense that relates to owning, controlling, managing, or supervising a prostitution business or that is described in section 1581, 1582, 1583, 1584, 1585, or 1588 of title 18. (D) an offense that-- (i) involves fraud or deceit in which the loss to the victim is more than $200,000; or (ii) is described in section 7201 of the Internal Revenue Code of 1986 (26 U.S.C. 7201) in which the loss to the United States Government is more than $200,000. (E) an offense related to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by a term of imprisonment of at least 15 years. (F) an offense described in section 10147(a)(1) of this title for commercial advantage. (G) an offense described in section 793, 798, 2153, 2381, or 2382 of title 18 or section 601 of the National Security Act of 1947 (50 U.S.C. 421). (H) an offense described in section 842(h) or (i), 844(d), (e), (f), (g), (h) or (i), 922(g)(1), (2), (3), (4) or (5), (j), (n), (o), (p), or (r), or 924(b) or (h) of title 18 or section 5861 of the Internal Revenue Code of 1986 (26 U.S.C. 5861). (I) an offense described in section 875, 876, 877, or 1202 of title 18. (J) an offense described in section 1546(a) of title 18 which constitutes trafficking in the document described in section 1546(a) and for which the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least 5 years. (K) an offense described in section 1957 of title 18 if the amount is more than $100,000. (L) an offense described in section 1962 of title 18 for which a sentence of at least 5 years may be imposed. (M) an offense described in section 2251, 2251A, or 2252 of title 18. (N) an offense described in section 1956 of title 18 if the amount is more than $100,000. (2) Paragraph (1) of this subsection applies to an offense under a law of-- (A) a State or the United States; or (B) a foreign country if the term of imprisonment for the offense was completed within the prior 15 years. Sec. 105. Alien In this title, `alien' means an individual who is not a national of the United States. Sec. 106. Application for admission In this title, `application for admission' means an application for admission to the United States and not an application for a visa. Sec. 107. Border crossing identification card In this title, `border crossing identification card' means a document of identity-- (1) having the designation `border crossing identification card'; (2) issued by a consular officer or an immigration officer to an alien lawfully admitted for permanent residence or an alien residing in foreign territory contiguous to the United States; and (3) to be used by the alien in crossing a border between the United States and foreign territory contiguous to the United States. Sec. 108. Child (a) Subtitles I-III: In subtitles I-III of this title (except subchapter I of chapter 5 and chapter 47), `child' means an unmarried individual under 21 years of age who-- (1) is a legitimate child; (2) is a stepchild, whether or not born illegitimate, if the child was under 18 years of age when the marriage making the child a stepchild occurred; (3) was legitimated under the law of the child's or father's residence or domicile if the legitimation occurred when the child was under 18 years of age and in the legal custody of the legitimating parent or parents; (4) is illegitimate, but the individual is a child only in regard to the individual's-- (A) natural mother; or (B) natural father if the father has or had a bona fide parent-child relationship with the child; (5) was adopted under 16 years of age if the child has been in the legal custody of, and resided with, the adopting parent or parents for at least 2 years; or (6)(A) is under 16 years of age when a petition is filed to classify the child as an immediate relative; (B) is an orphan because both parents have died, disappeared, abandoned or deserted the child, or been separated from the child, or has only one parent and the parent is unable to provide the proper care and irrevocably in writing has released the child for emigration and adoption, except that in this clause the term `parent' does not include the natural father if-- (i) the child is illegitimate as described in clause (4) of this subsection and has not been legitimated as described in clause (3) of this subsection; and (ii) the father has disappeared, abandoned or deserted the child, or irrevocably in writing released the child for emigration and adoption; (C)(i) was adopted outside the United States by a citizen of the United States and the citizen's spouse, or by an unmarried citizen of the United States at least 25 years of age, who personally observed the child before or during the adoption proceedings; or (ii) is coming to the United States for adoption by a citizen of the United States and the citizen's spouse, or by an unmarried citizen of the United States at least 25 years of age, who complied with the preadoption requirements of the child's proposed residence; and (D) will be cared for properly, to the satisfaction of the Attorney General, if admitted to the United States. (b) Subtitle V: In subtitle V of this title, `child' means an unmarried individual under 21 years of age and includes a child who-- (1) is a legitimate child; (2) was legitimated under the law of the child's or father's residence or domicile (even if outside the United States) if the legitimation occurred when the child was under 16 years of age and in the legal custody of the legitimating parent or parents; or (3) except as provided in sections 20305-20307 of this title, was adopted in the United States if the adoption occurred when the child was under 16 years of age and in the legal custody of the adopting parent or parents. Sec. 109. Consular officer In this title, `consular officer' means an officer or employee of the United States Government designated under regulations to issue visas. Sec. 110. Crewmember In this title, `crewmember' means an individual serving in any capacity on a vessel or aircraft. Sec. 111. Entry In this title, `entry' means a coming of an alien into the United States from a foreign port or place or from American Samoa, whether voluntarily or not. However, an alien having a lawful permanent residence in the United States is deemed not to be making an entry under the immigration laws if the alien-- (1) satisfies the Attorney General that the alien did not intend or reasonably expect to depart to a foreign port or place or to American Samoa or that the alien's presence in a foreign port or place or in American Samoa was involuntary; and (2) did not depart because of deportation, extradition, or other legal process. Sec. 112. Executive agency In this title, `executive agency' means a department, agency, or instrumentality in the executive branch of the United States Government. Sec. 113. Executive capacity (a) General: In this title, `executive capacity' means a capacity in which an employee of an organization primarily-- (1) directs the management of the organization or a major component or function of the organization; (2) establishes the goals and policies of the organization, component, or function; (3) has wide latitude in making discretionary decisions; and (4) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization. (b) Staffing Levels as Factor: If staffing levels are used as a factor in deciding whether an individual is acting in an executive capacity, the Attorney General shall consider the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. An individual is not acting in an executive capacity only because of the number of employees the individual supervises, directs, or has supervised or directed. Sec. 114. Foreign country In this title, `foreign country' includes the territories and possessions of a foreign country, but a self-governing dominion or a territory under trusteeship is deemed to be a separate foreign country. Sec. 115. Good moral character In this title, each of the following individuals is an individual not of good moral character: (1) an individual who, during the period for which good moral character is required-- (A) was a habitual drunkard; (B) was within a class of individuals, whether excludable or not, described in-- (i) section 6306 or 6307(a)(5) or (6) of this title; or (ii) section 6307(a)(1)-(4) of this title (except as section 6307(a)(3) relates to a single offense of simple possession of not more than 30 grams of marijuana), if the individual admits committing or was convicted of committing the offense and committed the offense during the period for which good moral character is required; (C) derived income principally from unlawful gambling activities; (D) committed at least 2 gambling offenses for which the individual has been convicted; (E) gave false testimony to obtain a benefit under this title (except subchapter I of chapter 5, subchapters II and III of chapter 131, and chapters 133-137); or (F) served a total of at least 180 days in a penal institution for conviction of an offense or offenses, even if the offense or offenses were not committed during the period for which good moral character is required. (2) an individual convicted of murder or, after November 28, 1990, of another aggravated felony, regardless of whether the offense or conviction was during the period for which good moral character is required. (3) an individual found for other reasons to be not of good moral character. Sec. 116. Graduate of a medical school In this title, `graduate of a medical school' means an alien who has graduated from a medical school or has qualified to practice medicine in a foreign country, except an alien of national or international renown in the field of medicine. Sec. 117. Immediate relative In this title, `immediate relative' means-- (1) a child of a citizen of the United States; (2) a spouse of a citizen of the United States, except that if the citizen has died, the spouse and each child of the spouse remains an immediate relative after the death only if the spouse-- (A) was married to the citizen for at least 2 years before the date of death; (B) was not legally separated from the citizen on the date of death; (C) files a petition under section 4301(a)(2) of this title not later than 2 years after the date of death; and (D) has not remarried; and (3) a parent of a citizen of the United States if the citizen is at least 21 years of age. Sec. 118. Immigrant In this title, `immigrant' means any alien except a nonimmigrant. Sec. 119. Immigration judge In this title, `immigration judge' means an officer or employee of the United States Government designated by the Attorney General, individually or by regulation, to carry out the duties and powers of an immigration judge. Sec. 120. Immigration laws In this title, `immigration laws' includes this title and all laws, conventions, and treaties of the United States related to the immigration, exclusion, or deportation of aliens. Sec. 121. Immigration officer In this title, `immigration officer' means an officer or employee of the United States Government designated by the Attorney General, individually or by regulation, to carry out the duties and powers of an immigration officer. Sec. 122. Ineligible for citizenship In this title, `ineligible for citizenship', notwithstanding any treaty related to military service, means permanently debarred at any time under this title or any other law from becoming a citizen of the United States. Sec. 123. International organization In this title, `international organization' means an international organization as defined in section 1 of the International Organizations Immunities Act (22 U.S.C. 288). Sec. 124. Lawfully admitted for permanent residence In this title, `lawfully admitted for permanent residence' means the status of lawfully having been given the privilege of residing permanently in the United States as an immigrant under the immigration laws, that status not having changed. Sec. 125. Managerial capacity (a) General: In this title, `managerial capacity' means a capacity in which an employee of an organization primarily-- (1) manages the organization or a department, subdivision, component, or function of the organization; (2) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function in the organization or a department or subdivision of the organization; (3)(A) has the authority to hire and fire or recommend hiring, firing, and other personnel actions, if an employee is supervised directly; or (B) works at a senior level in the organizational hierarchy or with regard to the function managed, if no employee is supervised directly; and (4) has discretion over the day-to-day operations of the activity or function for which the individual has authority. (b) First-Line Supervisor: A first-line supervisor does not act in a managerial capacity only because of the supervisor's supervisory duties unless the employees supervised are professional. (c) Staffing Levels as Factor: If staffing levels are used as a factor in deciding whether an individual is acting in a managerial capacity, the Attorney General shall consider the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. An individual is not acting in a managerial capacity only because of the number of employees the individual supervises, directs, or has supervised or directed. Sec. 126. National In this title, `national' means an individual owing permanent allegiance to a country. Sec. 127. National of the United States In this title, `national of the United States' means-- (1) a citizen of the United States; or (2) an individual, not a citizen of the United States, owing permanent allegiance to the United States. Sec. 128. Naturalization In this title, `naturalization' means the conferring of nationality of a country on an individual after birth by any means. Sec. 129. Nonimmigrant In this title, `nonimmigrant' means an alien having the status of a nonimmigrant classified under subchapter I of chapter 23 of this title. Sec. 130. Parent, father, and mother (a) Subtitles I-III: In subtitles I-III of this title (except subchapter I of chapter 5), `parent', `father', and `mother' mean a parent, father, and mother of a child as defined in section 108(a) of this title. (b) Subtitle V: In subtitle V of this title, `parent', `father', and `mother' include a deceased parent, father, and mother of a posthumous child. (c) Exceptions: In this title (except subchapter I of chapter 5), `parent', `father', and `mother' do not include-- (1) the natural parent of a child as defined in section 108(a)(5) of this title; (2) the natural parent or prior adoptive parent of a child as defined in section 108(a)(6) of this title; or (3) the natural parent or prior adoptive parent of a special immigrant as defined in section 134(a)(12) of this title. Sec. 131. Passport In this title, `passport' means a travel document-- (1) granted by competent authority; (2) showing the bearer's origin, identity, and nationality if any; and (3) valid for the entry of the bearer into a foreign country. Sec. 132. Refugee In this title (except chapter 133), `refugee'-- (1) means an individual who-- (A)(i) is outside a country of the individual's nationality or, if the individual has no nationality, is outside a country in which the individual last habitually resided; and (ii) is unable or unwilling to return to, and make use of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; or (B) in circumstances the President after appropriate consultation (as defined in section 5101(a) of this title) specifies-- (i) is in a country of the individual's nationality or, if the individual has no nationality, is in a country in which the individual is habitually residing; and (ii) is persecuted or has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; but (2) does not include an individual who ordered, incited, assisted, or otherwise participated in the persecution of an individual on account of race, religion, nationality, membership in a particular social group, or political opinion. Sec. 133. Residence In this title, `residence' means the principal, actual dwelling place of an individual without regard to the individual's intent. Sec. 134. Special immigrant (a) General: In this title, `special immigrant' means each of the following immigrants: (1) an immigrant lawfully admitted for permanent residence returning from a temporary visit outside the United States (including a period of employment by the American University of Beirut). (2) an immigrant who was a citizen of the United States and may be naturalized under section 20315 or 20318(a) of this title. (3)(A) an immigrant who-- (i) for at least 2 years immediately before applying for admission has been a member of a religious denomination having a bona fide nonprofit religious organization in the United States; (ii) is coming to the United States-- (I) only to serve as a minister of that religious denomination; (II) before October 1, 1997, to work for the organization, at the request of the organization, in a professional capacity in a religious vocation or occupation; or (III) before October 1, 1997, to work for the organization or for a bona fide organization affiliated with the religious denomination and exempt from taxation as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)), at the request of the organization, in a religious vocation or occupation; and (iii) has served as a minister or performed the work described in subclause (ii) of this clause continuously for at least the 2-year period described in subclause (i) of this clause; and (B) the immigrant's spouse and children if accompanying or following to join the immigrant. (4)(A) an immigrant who is an employee or an honorably retired former employee of the United States Government outside the United States, or of the American Institute in Taiwan, who has performed faithful service for at least 15 years, if the principal officer of a Foreign Service establishment of the United States, or the director of the American Institute in Taiwan, respectively, recommends that the immigrant be granted special immigrant status because of exceptional circumstances and the Secretary of State approves the recommendation after finding that it is in the interest of the United States to grant the status; and (B) the immigrant's spouse and children if accompanying the immigrant. (5)(A) an immigrant who-- (i) resided in the Panama Canal Zone on April 1, 1979; (ii) was an employee of the Panama Canal Company or the Canal Zone Government before October 1, 1979; and (iii) performed faithful service as such an employee for at least one year; and (B) the immigrant's spouse and children if accompanying the immigrant. (6)(A) an immigrant who-- (i) is a national of Panama; (ii) performed faithful service as an employee of the United States Government in the Panama Canal Zone for at least 15 years before October 1, 1979; and (iii) honorably retired from that employment at any time or continues to be employed by the United States Government in an area of the former Canal Zone; and (B) the immigrant's spouse and children if accompanying the immigrant. (7)(A) an immigrant-- (i) who was an employee of the Panama Canal Company or the Canal Zone Government on April 1, 1979; (ii) who performed faithful service as such an employee for at least 5 years; and (iii) whose personal safety, or whose spouse's or child's personal safety, is placed in reasonable danger directly because of the Panama Canal Treaty of 1977 and the special nature of the immigrant's employment; and (B) the immigrant's spouse and children if accompanying the immigrant. (8)(A) an immigrant who-- (i) has graduated from a medical school or has qualified to practice medicine in a foreign country; (ii) was completely and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date; (iii) entered the United States as a nonimmigrant classified under any of sections 2312-2316 or 2325 of this title before January 10, 1978; and (iv) has been continuously present in the United States in the practice or study of medicine since the date of entry; and (B) the immigrant's spouse and children if accompanying the immigrant. (9) an immigrant who-- (A) is the unmarried son or daughter of a present or former officer or employee of an international organization; (B) while maintaining the status of a nonimmigrant classified under section 2302(5) or 2324 of this title, has resided and been physically present in the United States for-- (i) periods totaling at least half of the 7 years before the date of application for a visa or for adjustment of status to special immigrant status under this clause (9); and (ii) periods totaling at least 7 years between the ages of 5 and 21; and (C) applies for a visa or adjustment of status to special immigrant status under this clause (9) not later than April 24, 1989, or the immigrant's 25th birthday, whichever is later. (10) an immigrant who-- (A) is the surviving spouse of a deceased officer or employee of an international organization; (B) while maintaining the status of a nonimmigrant classified under section 2302(5) or 2324 of this title, has resided and been physically present in the United States for-- (i) periods totaling at least half of the 7 years before the date of application for a visa or for adjustment of status to special immigrant status under this clause (10); and (ii) periods totaling at least 15 years before the date of death of the officer or employee; and (C) files a petition for special immigrant status under this clause (10) not later than April 24, 1989, or 6 months after the date of death of the officer or employee, whichever is later. (11)(A) an immigrant who-- (i) is a retired officer or employee of an international organization; (ii) while maintaining the status of a nonimmigrant classified under section 2302(5) of this title, has resided and been physically present in the United States for periods totaling at least half of the 7 years before the date of application for a visa or for adjustment of status to special immigrant status under this clause (11), and for periods totaling at least 15 years before the date of the officer's or employee's retirement from the international organization; and (iii) files a petition for special immigrant status under this clause (11) not later than April 25, 1995, or 6 months after the date of retirement, whichever is later; and (B) the immigrant's spouse if accompanying or following to join the immigrant as a member of the immediate family. (12) an immigrant-- (A) who has been declared a dependent of a juvenile court in the United States or whom a juvenile court in the United States has committed to, or placed in custody of, an authority or department of a State and who has been found eligible by that court for long-term foster care; and (B) for whom it has been decided in an administrative or judicial proceeding that it would not be in the alien's best interest to be returned to the alien's or alien's parent's previous country of nationality or country of last habitual residence. (13)(A) an immigrant who-- (i) after October 15, 1978, and after original lawful enlistment outside the United States under a treaty or agreement in effect on October 1, 1991, has served honorably on active duty in the armed forces of the United States for-- (I) 12 years and, if separated from the service, was separated only under honorable conditions; or (II) 6 years if the immigrant is on active duty when seeking special immigrant status under this clause (13) and has reenlisted to incur a total active duty obligation of at least 12 years; and (ii) is recommended by the head of the executive department under which the immigrant has served to receive special immigrant status under this clause (13); and (B) the immigrant's spouse and children if accompanying or following to join the immigrant. (b) Temporary Absences Under Subsection (a)(9)-(11): An alien who is a present or former officer or employee of an international organization, or is the surviving spouse, unmarried son, or unmarried daughter of a present or former officer or employee, is deemed under subsection (a)(9)-(11) of this section to be residing and physically present in the United States during a period in which the alien is residing in, but absent from, the United States if-- (1) the alien is absent because of the officer's or employee's need to conduct official business for the organization or because of customary leave; and (2) during the absence-- (A) the officer or employee continues to have a duty station in the United States; and (B) with respect to an unmarried son or daughter, the son or daughter is not enrolled in a school outside the United States. Sec. 135. Spouse, wife, and husband In this title, `spouse', `wife', and `husband' do not include a spouse, wife, or husband by a marriage ceremony during which both parties were not physically present, unless the parties consummated the marriage. Sec. 136. State In this title (except subchapter I of chapter 5, subchapters II and III of chapter 131, and chapters 133 and 135), `State' means a State of the United States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. Sec. 137. Totalitarian dictatorship In this title, `totalitarian dictatorship' means a system of government that is not representative and is characterized by-- (1) the existence of a single political party, organized on a dictatorial basis, whose policies are so closely identified with the governmental policies that the party and the government are indistinguishable; and (2) the forcible suppression of opposition to the party. Sec. 138. Totalitarian party In this title, `totalitarian party' means an organization advocating the establishment of a totalitarian dictatorship in the United States. Sec. 139. United States In this title (except subchapter I of chapter 5, subchapters II and III of chapter 131, chapters 133-137, and section 13902), `United States' means the States of the United States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. Sec. 140. Unmarried In this title, `unmarried', when used in reference to an individual as of a particular time, means an individual who was not married at that time, even if previously married. Sec. 141. Visa In this title, `visa' means an unexpired visa issued under section 2123 or 4313 of this title. CHAPTER 3--ORGANIZATION AND ADMINISTRATION SUBCHAPTER I--DEPARTMENT OF JUSTICE Sec. 301. General authority of the Attorney General. 302. Immigration and Naturalization Service. 303. Oaths and testimony. 304. Enforcement authority. 305. Local jurisdiction over immigrant stations. 306. Records on aliens. 307. Information about transporting alien females for prostitution and debauchery. 308. Working hours and premium pay for officers and employees of the Immigration and Naturalization Service. 309. Providing immigration services for scheduled flights. 310. Reimbursement for immigration inspection services. 311. Travel expenses and expenses of interment. 312. Providing services and articles at immigrant stations. 313. Operation of photographic studios by welfare organizations. 314. Crediting appropriations. 315. Interest on immigration bonds. 316. Breached Bond/Detention Fund. 317. Immigration User Fee Account. 318. Immigration Examinations Fee Account. 319. Land border inspection fees. 320. Advisory committee on inspection services. 321. Immigration emergency fund. 322. Reports. 323. Information system on impact of immigration laws. 324. Information about criminal aliens. 325. Acceptance of State assistance for transporting deportable criminal aliens. SUBCHAPTER II--DEPARTMENT OF STATE 341. General authority of the Secretary of State. 342. Administrator. 343. Passport Office, Visa Office, and other offices. 344. Sharing information about foreign traffickers in controlled substances. 345. Automated Visa Lookout System. 346. Surcharge for processing machine readable visas. SUBCHAPTER III--MISCELLANEOUS 351. Liaison with internal security officers. 352. Confidentiality of records and proof of nonexistence. 353. Disposition of receipts. 354. Triennial immigration-impact report. 355. Setting immigration adjudication and naturalization fees. SUBCHAPTER I--DEPARTMENT OF JUSTICE Sec. 301. General authority of the Attorney General (a) General Authority: (1) Except as otherwise provided by law, the Attorney General shall carry out this title and other immigration laws. The Attorney General's decision and ruling on a question of law is controlling. (2) The Attorney General may prescribe regulations and forms of bonds to carry out the duties and powers of the Attorney General under this title. (b) Control of Borders: The Attorney General shall control the borders of the United States against the unlawful entry of aliens. (c) Delegation to Other Agencies: In carrying out this title, the Attorney General, with the consent of the head of an agency, may require or authorize an officer or employee of the agency to carry out a duty or power of an officer or employee of the Immigration and Naturalization Service. (d) Establishment of Offices in Foreign Countries: The Attorney General-- (1) with the concurrence of the Secretary of State, may establish an office of the Service in a foreign country; and (2) after consulting with the Secretary, may detail an officer or employee of the Service for duty in a foreign country when the Attorney General considers the detail necessary to carry out this title. (e) Places of Detention: The Attorney General shall arrange for appropriate places of detention for aliens detained pending deportation or a decision on deportation. When United States Government facilities are unavailable or facilities adapted or suitably located for detention are unavailable for rental, the Attorney General may expend from the appropriation `Immigration and Naturalization Service--Salaries and Expenses', without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for immigration officers if not otherwise available) necessary for detention. Sec. 302. Immigration and Naturalization Service (a) Organization: The Immigration and Naturalization Service is a service in the Department of Justice. (b) Commissioner of Immigration and Naturalization: The head of the Service is the Commissioner of Immigration and Naturalization. The Commissioner is appointed by the President, by and with the advice and consent of the Senate. The Commissioner must be a citizen of the United States. (c) General Authority of the Commissioner: The Commissioner shall-- (1) carry out duties and powers prescribed by the Attorney General; and (2) maintain direct and continuous liaison with the Administrator designated under section 342 of this title to carry out the immigration and nationality laws in a coordinated, uniform, and efficient way. (d) Office, Records, and Facilities: The Attorney General shall provide the Commissioner with a suitable office in the District of Columbia and records and facilities necessary to carry out the Commissioner's duties and powers. (e) Availability of Appropriation: The appropriation `Immigration and Naturalization Service--Salaries and Expenses' is available to pay for the following: (1) the costs of hiring privately owned horses for use on official business, under contract with officers or employees of the Service. (2) the pay of interpreters and translators who are not citizens of the United States. (3) the costs of distributing citizenship textbooks to aliens without charge to the aliens. (4) at a rate specified by the applicable appropriation law, allowances to aliens for work performed when held in custody under the immigration laws. (5) if authorized by an appropriation law, spending by the Attorney General for unforeseen emergencies of a confidential character. (f) Certificate for Confidential Expenditures: The Attorney General shall make a certificate for any amount of expenditures under subsection (e)(5) of this section that the Attorney General considers advisable not to specify. The certificate is a sufficient voucher that the amount stated was expended. Sec. 303. Oaths and testimony (a) General: In carrying out this title, the Attorney General, immigration officers, other officers and employees of the Immigration and Naturalization Service designated by the Attorney General, and immigration judges may-- (1) administer oaths; (2) take evidence; and (3) subpena witnesses to testify and produce records. (b) Enforcement of Subpenas: If a witness disobeys a subpena issued under subsection (a) of this section, the Attorney General, immigration officer, designated officer or employee of the Service, or immigration judge may bring a civil action to enforce the subpena in the district court of the United States for the judicial district in which the proceeding is being conducted, or, if the subpena is related to an application for naturalization, in any district court of the United States. The court may issue an order to obey the subpena and punish a refusal to obey as a contempt of court. (c) Depositions: An officer or employee of the Service designated by the Attorney General may take a deposition without charge on a matter related to carrying out a naturalization or citizenship law. In a case involving a likelihood of hardship or unusual delay, the Attorney General may authorize the deposition to be taken before a postmaster without charge or before an individual authorized to administer oaths for general purposes. Sec. 304. Enforcement authority (a) Carrying Firearms and Serving and Executing Process: Under regulations prescribed by the Attorney General, an officer or employee of the Immigration and Naturalization Service may-- (1) carry a firearm; and (2) serve and execute an order, warrant, subpena, summons, or other process issued under the authority of the United States Government. (b) Authority Without Warrant: An officer or employee of the Service authorized by regulations prescribed by the Attorney General may, without a warrant-- (1) interrogate an individual believed to be an alien about the individual's right to be or remain in the United States; (2) search an individual seeking admission to the United States and the personal effects in the possession of the individual if the officer or employee has reason to suspect that the search will disclose grounds for excluding the individual from the United States; (3) board a vehicle, aircraft, or other conveyance within a reasonable distance from a United States border, or board a vessel within the territorial waters of the United States, to search for aliens; (4) within 25 miles from a United States border, have access to private land (but not a dwelling) to patrol the border to prevent the unlawful entry of aliens; (5) arrest an alien who, in the presence or view of the officer or employee, is trying to enter the United States unlawfully, or arrest an alien in the United States who the officer or employee has reason to believe is in the United States unlawfully and is likely to escape before a warrant for the alien's arrest can be obtained, but the alien arrested shall be taken without unnecessary delay for examination before an immigration officer having authority to examine aliens as to their right to enter or remain in the United States; (6) arrest a person for an offense against the United States if-- (A) the officer or employee is performing duties related to enforcement of the immigration laws at the time of the arrest; (B) the offense is committed in the presence of the officer or employee; and (C) the person is likely to escape before a warrant for the person's arrest can be obtained; (7) arrest a person for a felony against the United States under a law of the United States regulating the admission, exclusion, or deportation of aliens if-- (A) the officer or employee has reason to believe the person has committed the felony; and (B) the person is likely to escape before a warrant for the person's arrest can be obtained; and (8) arrest a person for any other felony against the United States if-- (A) the officer or employee is performing duties related to enforcement of the immigration laws at the time of the arrest; (B) the officer or employee has reason to believe the person is committing or has committed the felony; (C) the person is likely to escape before a warrant for the person's arrest can be obtained; and (D) the officer or employee has received certification of completion of a training program as required under subsection (d) of this section. (c) Restriction on Warrantless Entry of Outdoor Agricultural Operations: Except as provided in subsection (b)(4) of this section, an officer or employee of the Service may not enter the premises of a farm or other outdoor agricultural operation, without a warrant or the consent of the owner or owner's agent, to interrogate an individual believed to be an alien about the individual's right to be or remain in the United States. (d) Regulations on Enforcement Activities: An arrest may be made under subsection (b)(8) of this section only on and after the date the Attorney General prescribes final regulations that specify-- (1) the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which the force may be used; (2) standards for enforcement activities of the Service; (3) a requirement that, before an officer or employee may make an arrest under subsection (b)(8) of this section, the officer or employee has received certification of completion of a training program covering the arrests and the standards described in clause (2) of this subsection; and (4) an expedited, internal review process for violations of the standards, consistent with standard agency procedure regarding confidentiality of matters related to internal investigations. (e) Detaining Aliens for Controlled Substances Violations: (1) The Attorney General shall decide promptly whether to issue a detainer to detain an alien if any United States, State, or local law enforcement official-- (A) arrests an alien for violating a law related to controlled substances; (B) has reason to believe that the alien is in the United States unlawfully; (C) expeditiously informs the Attorney General of the arrest and of facts about the alien's status; and (D) requests the Attorney General to issue the detainer. (2) If the detainer is issued and the alien is not otherwise detained by a United States, State, or local law enforcement official, the Attorney General shall take custody of the alien expeditiously. Sec. 305. Local jurisdiction over immigrant stations A law enforcement official responsible for enforcing the law of a State, territory, or possession of the United States in which an immigrant station is located has jurisdiction over the station and may enter the station to preserve the peace and make arrests for offenses under the laws of the State, territory, or possession. A court of the State, territory, or possession has jurisdiction over the immigrant station on a matter related to the enforcement of the law of the State, territory, or possession. Sec. 306. Records on aliens (a) Central File on Aliens: For the use of security and enforcement agencies of the United States Government, the Attorney General shall maintain in the Immigration and Naturalization Service a central file on aliens that is based on the records of the Service. The file shall contain-- (1) the name of each alien admitted to or excluded from the United States; (2) the name of the alien's sponsor of record; and (3) other information relevant to the enforcement of this title that the Attorney General may require. (b) Providing Information to the Attorney General: On request of the Attorney General-- (1) the head of an agency shall provide the Attorney General with information in the records of the agency about the identity and location of an alien in the United States; and (2) the Commissioner of Social Security shall notify the Attorney General when an alien is issued a social security account number. Sec. 307. Information about transporting alien females for prostitution and debauchery To prevent the transportation in foreign commerce of alien females for prostitution and debauchery, and to carry out the arrangement adopted July 25, 1902, for the suppression of white-slave traffic, the Attorney General shall-- (1) maintain a central file of information about the procurement of alien females for prostitution and debauchery; (2) establish the identity of the alien females, take statements they may make, ascertain who induced them to leave their native countries, and supervise the females; and (3) receive statements filed under this section and section 2424 of title 18, and provide receipts to individuals filing the statements. Sec. 308. Working hours and premium pay for officers and employees of the Immigration and Naturalization Service (a) Regulating Working Hours: The Attorney General may regulate the working hours of officers and employees of the Immigration and Naturalization Service performing work at a port to coincide with the customary working hours at that port. This subsection does not change the length of a working day or the rate provided in subsection (b) of this section. (b) Premium Pay Rates: An officer or employee of the Service performing work related to the inspection and landing of passengers and crew of a vessel, aircraft, or vehicle arriving in the United States from a foreign port is entitled to premium pay at the following rates: (1) For overtime work, the rate is one-half day's pay for each 2 hours (or part of a 2-hour period of at least one hour), but the total pay for the period between the end of the individual's regular shift and the beginning of the individual's next regular shift may not be more than 2.5 days' pay. (2) For work on a Sunday or holiday, the rate is 2 days' pay. (c) Method of Payment: (1) Except as provided in section 80503 of title 49, when an officer or employee of the Service performs work referred to in subsection (b) of this section, the master, owner, agent, or consignee of the vessel, aircraft, or vehicle shall pay to the Attorney General an amount equal to the pay to which the officer or employee is entitled under subsection (b). The amount shall be paid if the officer or employee was ordered to report for work and did report, even if an inspection did not take place. However, this paragraph does not apply to an inspection, at a designated port of entry, of passengers arriving by an international ferry, bridge, or tunnel, or by a vessel on the Great Lakes and connecting waterways, an aircraft, or a vehicle, when the vessel, aircraft, or vehicle is operating on a regular schedule. (2) The Attorney General shall deposit in the Treasury an amount paid under this subsection. The amount shall be credited to the appropriation `Immigration and Naturalization Service--Salaries and Expenses'. The amount credited to the appropriation is available for payment of the overtime, Sunday, and holiday pay. Sec. 309. Providing immigration services for scheduled flights Notwithstanding section 308(c)(1) of this title or any other law, the immigration services required to be provided to passengers on arrival in the United States on a scheduled flight shall be provided adequately, not later than 45 minutes after their presentation for inspection, when needed and at no cost to the air carrier or passengers, except for the fee specified in section 6909(a) of this title, at-- (1) airports at which immigration services are provided; and (2) places outside the United States at which an immigration officer is stationed to provide immigration services. Sec. 310. Reimbursement for immigration inspection services (a) Inspections in Foreign Contiguous Territories: Section 209 of title 18 does not prohibit reimbursement for the services of an immigration officer related to inspecting aliens in a foreign contiguous territory. The reimbursement shall be credited to the appropriation `Immigration and Naturalization Service--Salaries and Expenses'. (b) Requested Inspection Services: The Attorney General may receive reimbursement from the owner, operator, or agent of a private or commercial vessel or aircraft, or from a seaport or airport authority, for expenses incurred by the Attorney General in providing immigration inspection services requested by the owner, operator, agent, or authority, including the salaries and expenses of individuals employed by the Attorney General to provide the services. The Attorney General's authority to receive reimbursement under this section ends as soon as an amount is appropriated to provide the services. Sec. 311. Travel expenses and expenses of interment (a) Travel Expenses: Under regulations prescribed by the Attorney General, an officer or employee of the Immigration and Naturalization Service is entitled to travel expenses when the officer or employee-- (1) is ordered to carry out duties and powers in a foreign country; (2) is transferred from one station to another in the United States or in a foreign country; or (3) in carrying out duties and powers in a foreign country, becomes eligible for voluntary retirement and returns to the United States. (b) Expenses of Transporting Spouse, Children, and Property: The Attorney General may reimburse an officer or employee described in subsection (a) of this section for expenses incurred in transporting the officer's or employee's spouse, dependent children, and personal property, including (as provided under subchapter II of chapter 57 of title 5) the expenses for packing, crating, freight, unpacking, temporary storage, and drayage. (c) Expenses of Interment: When an officer or employee of the Service dies when in, or in transit to, a foreign country on official business, the Attorney General may pay the ordinary and necessary expenses of interment. Sec. 312. Providing services and articles at immigrant stations (a) Awarding Contracts: Subject to section 3709 of the Revised Statutes (41 U.S.C. 5), the Attorney General may award an exclusive contract to provide money exchange services, to transport passengers or baggage, to provide food and eating facilities, or to provide similar services at an immigrant station only to the lowest responsible and capable bidder (except an alien). The Attorney General may charge a reasonable rental for the use of United States Government property in providing the services. However, the Attorney General may provide a necessary service at an immigrant station if the Attorney General finds that it would be more economical and efficient. (b) Sale of Necessary Articles by the Attorney General: If aliens detained at an immigrant station cannot readily obtain articles that the Attorney General decides are necessary to their health and welfare, the Attorney General may sell the articles to the aliens at reasonable prices through canteens operated by the Attorney General. (c) Intoxicating Liquors: Intoxicating liquors may not be sold at an immigrant station. (d) Deposit of Amounts Received: The Attorney General shall deposit amounts received under this section in the Treasury to the credit of the appropriation `Immigration and Naturalization Service--Salaries and Expenses'. Sec. 313. Operation of photographic studios by welfare organizations On recommendation of the Attorney General, an officer or employee in charge of property owned or leased by the United States Government may provide space, without payment of rent, in a building occupied by the Immigration and Naturalization Service, for a photographic studio operated by a welfare organization without profit and only for the benefit of individuals seeking to comply with the immigration and nationality laws. The Attorney General shall supervise a studio operated under this section. Sec. 314. Crediting appropriations (a) Landing Stations: Amounts deposited in the Treasury to reimburse the Immigration and Naturalization Service for expenses paid by the Service from the appropriation `Immigration and Naturalization Service--Salaries and Expenses' for a landing station referred to in section 6905(c) of this title and for detained aliens shall be credited to that appropriation for the fiscal year in which the expenses were incurred. (b) Amounts Recovered After Buying Evidence: Amounts expended from the appropriation `Immigration and Naturalization Service--Salaries and Expenses' to buy evidence and later recovered shall be credited to that appropriation for the fiscal year in which the recovery is made. (c) Increased Penalties Resulting From Certain Amendments: Notwithstanding section 3302 of title 31, the amounts collected from the increase in penalties resulting from the amendments made by sections 203(b), 543(a), and 544 of the Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5018, 5057, 5059) shall be credited to the appropriation-- (1) `Immigration and Naturalization Service--Salaries and Expenses' for activities that enhance enforcement of subtitles I-III of this title (except subchapter I of chapter 5), including-- (A) identifying, investigating, and apprehending criminal aliens; (B) implementing the system described in section 324(a) of this title; and (C) repairing, maintaining, or constructing, on the United States border in areas experiencing high levels of apprehensions of illegal aliens, structures to deter illegal entry into the United States; and (2) for the Executive Office for Immigration Review in the Department of Justice to remove the backlogs in preparing transcripts of deportation proceedings conducted under section 6532 of this title. Sec. 315. Interest on immigration bonds (a) Earning of Interest: The Attorney General shall deposit in the Treasury cash received as security on an immigration bond, with the cash to be held in trust for the obligor on the bond. The cash shall earn interest at a rate the Secretary of the Treasury prescribes, but the rate may not be more than 3 percent a year. Interest shall accrue from the date of deposit through the date of withdrawal or the date of breach of the bond, whichever is earlier. However, cash received as security on an immigration bond and deposited by the Attorney General in the postal savings system discontinued on April 27, 1966, shall earn interest under this subsection from the date the cash stopped earning interest under the system. Appropriations to the Department of the Treasury for interest on uninvested amounts are available for payment of the interest. (b) Disposition of Interest: Interest earned under this section shall be disposed of in the same way as the principal, except that interest earned before the date of a breach shall be paid to the obligor on the bond. Sec. 316. Breached Bond/Detention Fund (a) Establishment: There is a separate account in the Treasury known as the `Breached Bond/Detention Fund'. (b) Refunds: (1) At least quarterly, the Secretary of the Treasury shall refund amounts from the Fund to the Immigration and Naturalization Service for-- (A) expenses incurred in collecting breached bonds; and (B) expenses associated with the detention of illegal aliens. (2) The amount required to be refunded for each fiscal year shall be refunded in accordance with estimates made in the budget request of the Attorney General for that fiscal year. However, any proposed change in the amount designated in the budget request may be made only after notification to the Committees on Appropriations of the House of Representatives and the Senate under section 606 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102-395, 106 Stat. 1873). (c) Deposits: All breached cash and surety bonds, more than $8,000,000, posted under this title and recovered by the Attorney General shall be deposited in the Fund as offsetting receipts. (d) Availability of Amounts: Amounts deposited in the Fund remain available until expended. (e) Reports: The Attorney General shall submit annually to Congress a statement on the financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. Sec. 317. Immigration User Fee Account (a) Establishment: There is a separate account in the Treasury known as the `Immigration User Fee Account'. (b) Refunds: (1) The Secretary of the Treasury shall refund out of the Account to any appropriation the amount paid out of that appropriation for expenses incurred by the Attorney General in-- (A) providing immigration inspection and preinspection services for a commercial vessel or aircraft; (B) providing overtime, Sunday, or holiday immigration inspection services for a commercial vessel or aircraft; (C) administering debt recovery, including establishing and operating a national collections office; (D) expanding, operating, and maintaining information systems for nonimmigrant control and debt collection; (E) detecting fraudulent documents used by passengers traveling to the United States; (F) providing detention and deportation services for an excludable alien-- (i) arriving on a commercial vessel or aircraft; or (ii) attempting to enter illegally by avoiding immigration inspection at an air or sea port of entry; and (G) providing exclusion and asylum proceedings at an air or sea port of entry for an excludable alien-- (i) arriving on a commercial vessel or aircraft, including providing exclusion proceedings resulting from presentation of fraudulent documentation or failure to present documentation; or (ii) attempting to enter illegally by avoiding immigration inspection at an air or sea port of entry. (2) Amounts required to be refunded under paragraph (1) of this subsection shall be refunded at least quarterly on the basis of estimates, made by the Attorney General, of the expenses referred to in paragraph (1). Proper adjustments shall be made in the amounts subsequently refunded under paragraph (1) to the extent prior estimates were more or less than the amount required to be refunded. (c) Deposits: The following shall be deposited in the Account: (1) fees collected under section 6909 of this title, deposited as offsetting receipts. (2) civil penalties collected under sections 10120, 10122, and 10123 of this title. (3) liquidated damages and expenses collected under this title. (d) Availability of Amounts: Amounts deposited in the Account under subsection (c)(1) of this section remain available until expended. (e) Reports: (1) At the end of each 2-year period beginning with the establishment of the Account, the Attorney General, following a public rulemaking with notice and an opportunity for comment, shall submit a report to Congress-- (A) describing the status of the Account, including the balance; and (B) recommending any change in the fee specified in section 6909(a) of this title to ensure that amounts collected from the fee for the succeeding 2 years equal, as closely as possible, the cost of providing the services for which the fee is charged. (2) In addition to the reporting requirement under paragraph (1) of this subsection, the Attorney General shall submit to Congress not later than March 31 of each year a statement showing-- (A) the financial condition of the Account, including the beginning balance, revenues, withdrawals and their purpose, the ending balance, projections for the next fiscal year, and a complete workload analysis showing on a port-by-port basis the current and projected need for inspectors; and (B) the success rate of the Immigration and Naturalization Service in meeting the 45-minute inspection standard imposed by section 309 of this title, detailed statistics on the number of passengers inspected within the standard, progress being made to expand the use of United States citizen by-pass, the number of passengers for whom the standard is not met and the length of their delay, locational breakdown of these statistics, and the steps being taken to correct any nonconformity. Sec. 318. Immigration Examinations Fee Account (a) Establishment: There is a separate account in the Treasury known as the `Immigration Examinations Fee Account'. (b) Use of Amounts: Amounts in the Account are available to the Attorney General to reimburse any appropriation by the amount paid from that appropriation for expenses in-- (1) providing immigration adjudication and naturalization services; and (2) collecting, safeguarding, and accounting for fees deposited in, and amounts reimbursed from, the Account. (c) Deposits: Immigration adjudication fees designated by the Attorney General by regulation shall be deposited as offsetting receipts in the Account, whether collected directly by the Attorney General or through clerks of courts. However, fees the Attorney General receives from applicants residing in the Virgin Islands or Guam shall be paid to the treasury of the Virgin Islands or the treasury of Guam, respectively. (d) Availability of Amounts: Amounts deposited in the Account remain available to the Attorney General until expended. (e) Reports: The Attorney General shall submit annually to Congress a statement on the financial condition of the Account, including the beginning balance, revenues, withdrawals, the ending balance, and projections for the next fiscal year. Sec. 319. Land border inspection fees (a) Fee Authority: The Attorney General may establish, by regulation, a project under which a fee may be charged and collected for inspection services at land border places of entry in California and on the northern border of the United States. The project may include commuter lanes to be made available to qualified citizens of the United States and aliens, as the Attorney General decides. Fees collected under this subsection shall be deposited as offsetting receipts in the Account established under subsection (b)(1) of this section. (b) Land Border Inspection Fee Account: (1) There is a separate account in the Treasury known as the `Land Border Inspection Fee Account'. (2) At least quarterly, the Secretary of the Treasury shall refund out of the Account to any appropriation amounts for expenses incurred in providing inspection services at land border places of entry in California and on the northern border of the United States, including expenses of-- (A) providing overtime inspection services; (B) expanding, operating, and maintaining information systems for nonimmigrant control; (C) employing additional permanent and temporary inspectors; (D) minor construction costs associated with the addition of new traffic lanes (with the concurrence of the Administrator of General Services); (E) detecting fraudulent documents used by passengers traveling to the United States; and (F) administering the Account. (3) Amounts required to be refunded from the Account for each fiscal year shall be refunded in accordance with estimates made in the budget request of the Attorney General for that fiscal year. However, any proposed change in the amount designated in the budget request may be made only after notification to the Committees on Appropriations of the House of Representatives and the Senate under section 606 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101-162, 103 Stat. 1031). (c) Availability of Amounts: Amounts deposited in the Account remain available until expended. (d) Reports: (1) The Attorney General shall submit annually to Congress a statement on the financial condition of the Account, including the beginning balance, revenues, withdrawals, the ending balance, and projections for the next fiscal year. (2) The Attorney General shall submit quarterly to Congress a status report on the project. (e) Expiration: This section expires on September 30, 1996. Sec. 320. Advisory committee on inspection services (a) Establishment: The Attorney General shall establish an advisory committee consisting of representatives from air carriers and other modes of transportation that may be subject to a fee authorized by law or proposed by the Immigration and Naturalization Service to cover expenses incurred by the Service. (b) Meetings and Advice: The advisory committee shall meet on a periodic basis and advise the Attorney General on issues related to the performance of the inspection services of the Immigration and Naturalization Service. This advice shall include such issues as the time periods during which the services should be performed, the proper number and deployment of inspection officers, the level of fees, and the appropriateness of any proposed fee. The Attorney General shall give substantial consideration to the views of the committee. Sec. 321. Immigration emergency fund (a) Establishment: There is an immigration emergency fund in the Treasury. (b) Uses: (1) Amounts in the fund may be used-- (A) to provide for an increase in border patrol or other enforcement activities of the Immigration and Naturalization Service; (B) to reimburse State and local governments for providing assistance requested by the Attorney General in meeting an immigration emergency, but only if the President has decided that an emergency exists and has certified the existence of the emergency to the Committees on the Judiciary of the House of Representatives and the Senate; and (C) subject to paragraphs (2)-(4) of this subsection, to reimburse State and local governments for providing assistance required by the Attorney General, without the need for a decision by the President that an emergency exists-- (i) when a district director of the Service certifies to the Commissioner of Immigration and Naturalization that the number of asylum applications filed in the director's district during a calendar quarter is at least 1,000 more than the number of asylum applications filed in that district during the prior calendar quarter; (ii) when the lives, property, safety, or welfare of the residents of a State or locality are endangered; or (iii) in other circumstances that the Attorney General decides. (2) Providing parole at a place of entry in a district shall be counted, under paragraph (1)(C)(i) of this subsection, as filing an application for asylum in that district. (3) Not more than $20,000,000 may be made available for all State and local governments under paragraph (1)(C) of this subsection. (4) A State or local government seeking reimbursement under paragraph (1)(C) of this subsection must file an application with the Attorney General. The Attorney General shall make a decision on the application not later than 15 days after receiving the application. (c) Regulations: The Attorney General shall prescribe regulations to carry out this section including a delineation of-- (1) scenarios that constitute an immigration emergency; (2) the process by which the President declares an immigration emergency; (3) the role of the chief executive officer of a State and local officials of that State in requesting a declaration of emergency; (4) a definition of `assistance required by the Attorney General' in subsection (b)(1)(C) of this subsection; (5) the process by which State and local governments are reimbursed; and (6) definitions of terms in subsection (b)(1)(C)(ii) of this section and the term `in other circumstances' in subsection (b)(1)(C)(iii). (d) Authorization of Appropriations: An amount may be appropriated to the fund each fiscal year so that the balance in the fund is $35,000,000. Sec. 322. Reports (a) Reports on Certain Nonimmigrants: Not later than April 1 of each year, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report describing for each class under sections 2313-2316, 2318-2320, and 2325 of this title the following: (1) the number of petitions filed. (2) the number of petitions approved and the number of workers (by occupation) included in the approved petitions. (3) the number of petitions denied and the number of workers (by occupation) requested in the denied petitions. (4) the number of petitions withdrawn. (5) the number of petitions pending final action. (b) Reports on Naturalization Statistics: (1) The Attorney General shall prepare annually, from the records of the Immigration and Naturalization Service, a report in statistical form with analytical comment. The report shall show by nationality-- (A) the relation between the number of aliens seeking citizenship of the United States and the number of aliens arriving each year; (B) the relation between the number of aliens seeking citizenship of the United States and the prevailing census populations of the foreign born; and (C) the economic, vocational, and other classifications of aliens seeking citizenship of the United States. (2) Payment for the equipment used in preparing the report under this subsection shall be made from the appropriation `Immigration and Naturalization Service--Salaries and Expenses'. Sec. 323. Information system on impact of immigration laws (a) Establishment: In consultation with interested academicians, governmental authorities, and other parties, the Attorney General shall provide for a system to collect and disseminate information not in individually identifiable form that is useful in evaluating the social, economic, environmental, and demographic impact of the immigration laws. (b) Type of Information To Be Collected and Disseminated: Information collected under subsection (a) of this section shall include information on-- (1) the alien population in the United States; (2) the rates of naturalization and emigration of resident aliens; (3) aliens who have been admitted, paroled, or granted asylum; (4) nonimmigrants in the United States (by occupation, basis for admission, and length of stay); (5) aliens who have been excluded or deported from the United States; (6) the number of applications filed and granted for suspension of deportation; and (7) the number of aliens estimated to be present unlawfully in the United States in each fiscal year. (c) Frequency of Collection and Dissemination and Recipients of Information: The system shall provide that information be collected and disseminated at least annually to Congress and the public. (d) Report: The Attorney General shall submit annually to Congress a report containing-- (1) a summary of information collected under subsection (a) of this section; (2) an analysis of trends in immigration and naturalization; and (3) information on the number, and rate of denial administratively, of applications for naturalization, for each district office of the Immigration and Naturalization Service and by national origin group. Sec. 324. Information about criminal aliens (a) Aliens Arrested for or Convicted of Aggravated Felonies: (1) The Attorney General shall devise and carry out a system-- (A) to make the investigative resources of the Immigration and Naturalization Service available, daily and on a 24-hour basis, to officers and employees of the United States Government, States, and localities to decide whether an individual arrested by any of those officers or employees for an aggravated felony is an alien; (B) to designate and train officers and employees of the Service in each district to serve as liaison to law enforcement and correctional agencies and courts of the Government, States, and localities in matters involving the arrest, conviction, and release of aliens charged with aggravated felonies; and (C) to maintain a current record, using computer resources, of aliens who have been convicted after November 17, 1988, of aggravated felonies and deported. (2) The record referred to in paragraph (1)(C) of this subsection shall be made available to inspectors at ports of entry and to border patrol agents at sector headquarters to help immediately identify aliens who have been convicted after November 17, 1988, of aggravated felonies and deported and who are attempting to reenter the United States. (b) Criminal Alien Tracking Center: (1) The Attorney General shall operate a criminal alien tracking center under subsection (a) of this section. (2) The following amounts may be appropriated to carry out this subsection: (A) $3,400,000 for the fiscal year ending September 30, 1996. (B) $3,600,000 for the fiscal year ending September 30, 1997. (C) $3,700,000 for the fiscal year ending September 30, 1998. (D) $3,800,000 for the fiscal year ending September 30, 1999. (E) $3,900,000 for the fiscal year ending September 30, 2000. Sec. 325. Acceptance of State assistance for transporting deportable criminal aliens (a) Authority: Subject to subsection (b) of this section and notwithstanding any other provision of law, the Attorney General may accept, hold, administer, and use gifts of property and services (but not cash) from State and local governments to assist the Immigration and Naturalization Service in the transportation of deportable aliens who are arrested for misdemeanors or felonies under State or Federal law and who are unlawfully in the United States or willing to submit to voluntary departure under safeguards. Property acquired under this section shall be acquired in the name of the United States Government. (b) Limitation: If the Attorney General decides that the exercise of the authority under subsection (a) of this section has resulted in discrimination by law enforcement officials on the basis of race, color, or national origin, the Attorney General shall terminate the exercise of that authority. SUBCHAPTER II--DEPARTMENT OF STATE Sec. 341. General authority of the Secretary of State (a) General Authority: The Secretary of State shall carry out the provisions of this title, and other immigration and nationality laws, related to-- (1) duties and powers of the Administrator designated under section 342 of this title; (2) duties and powers of diplomatic and consular officers, except duties and powers of consular officers related to issuing and refusing to issue visas; and (3) a decision about the nationality of an individual not in the United States. (b) Delegation to Other Agencies: In carrying out this title, the Secretary, with the consent of the head of an agency, may require or authorize an officer or employee of the agency to carry out a duty or power of an officer or employee of the Department of State. Sec. 342. Administrator (a) Designation: The Secretary of State shall designate an Administrator. The Administrator must be a citizen of the United States and be qualified by experience. (b) Duties and Powers: The Administrator shall-- (1) carry out duties and powers prescribed by the Secretary of State; (2) maintain close liaison with the appropriate committees of Congress to advise them on the administration of this title by consular officers; and (3) maintain direct and continuous liaison with the Commissioner of Immigration and Naturalization to carry out the immigration and nationality laws in a coordinated, uniform, and efficient way. Sec. 343. Passport Office, Visa Office, and other offices (a) General: The Department of State has a Passport Office, a Visa Office, and other offices the Secretary of State decides are appropriate. The head of each office is a director. The Directors of the Passport Office and the Visa Office must be experienced in carrying out the immigration and nationality laws. (b) Functions: The Passport Office carries out laws related to issuing passports. The Visa Office carries out immigration laws related to issuing visas. (c) General Counsel of Visa Office: The Visa Office has a General Counsel appointed by the Secretary. The General Counsel serves under the general direction of the Legal Adviser of the Department. The General Counsel may maintain liaison with the appropriate officers of the Immigration and Naturalization Service to achieve a uniform interpretation of this title. Sec. 344. Sharing information about foreign traffickers in controlled substances To ensure that foreign traffickers in controlled substances are denied visas to enter the United States (as required by section 6307(a)(3) of this title)-- (1) the Secretary of State shall cooperate with United States law enforcement agencies, including the Drug Enforcement Administration and the Customs Service, in establishing a comprehensive information system on all drug arrests of foreign nationals in the United States so that the information can be communicated to the appropriate United States embassies; and (2) the National Drug Enforcement Policy Board shall agree on uniform guidelines that would permit the sharing of information of foreign traffickers in controlled substances. Sec. 345. Automated Visa Lookout System (a) Inclusion of Names: (1) Except as provided in paragraph (2) of this subsection, the Secretary of State may not include in the Automated Visa Lookout System, or in any other system or list that maintains information about the excludability of aliens under this title, the name of an alien who is not excludable under this title. (2) The Secretary may add to or retain in such a system or list the name of an alien who is not excludable only if included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation clearly and distinctly indicating that the individual is not presently excludable. The Secretary shall establish procedures to ensure that a visa is not denied to the individual for any reason not provided in this title. (3) The Secretary shall publish in the Federal Register regulations on the maintenance and use by the Department of State of systems and lists for purposes described in paragraph (2) of this subsection. (4) This subsection does not create new authority or expand existing authority for any activity not otherwise authorized by law. (b) Required Check Before Issuing Visas: (1) Beginning May 1, 1996, when a consular officer issues a visa, the officer shall certify, in writing, that a check of the Automated Visa Lookout System, or any other system or list that maintains information about the excludability of aliens under this title, has been made and that there is no basis under the system for excluding the alien. (2) If, at the time an alien applies for a visa, the alien's name is included in the Department of State's visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by inclusion of the alien's name in the system, the officer's failure shall be made a matter of record and shall be considered as a serious negative factor in the officer's annual performance evaluation. (3) If an alien to whom a visa was issued as a result of a failure described in paragraph (2) of this subsection is admitted to the United States and there subsequently is probable cause to believe that the alien was a participant in a terrorist act causing serious injury, loss of life, or significant destruction of property in the United States, the Secretary shall convene an Accountability Review Board under title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99-399, 100 Stat. 859). (c) Upgrade to System: Not later than October 30, 1995, the Secretary of State shall upgrade all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities. Sec. 346. Surcharge for processing machine readable visas (a) General Authority: Notwithstanding any other law, the Secretary of State may charge a fee or surcharge for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas. (b) Deposit of Amounts Collected: Fees and surcharges collected under subsection (a) of this section shall be deposited as an offsetting collection to any Department of State appropriation, to recover the costs of providing consular services. The amounts collected remain available for obligation until expended. (c) Limitation: For the fiscal years ending September 30, 1994, and 1995, fees and surcharges deposited under subsection (b) of this section may not exceed a total of $107,500,000. For subsequent fiscal years, fees and surcharges may be collected under subsection (a) of this section only in amounts provided in subsequent authorization laws. (d) Nonapplicability of Certain Law: Sections 1726-1728 of the Revised Statutes (22 U.S.C. 4212-4214) do not apply to fees and surcharges collected under this section. (e) Signatories of North American Free Trade Agreement: The Secretary may not charge a fee or surcharge under this section to a citizen of a country that is a signatory, as of April 30, 1994, to the North American Free Trade Agreement, unless the Secretary finds that the country charges a visa application or issuance fee to citizens of the United States. SUBCHAPTER III--MISCELLANEOUS Sec. 351. Liaison with internal security officers To exchange information for use in enforcing this title in the interest of the internal security of the United States, the Commissioner of Immigration and Naturalization and the Administrator designated under section 342 of this title may maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and Central Intelligence and with other internal security officers of the United States Government. Sec. 352. Confidentiality of records and proof of nonexistence (a) Confidentiality of Visa and Permit Records: A record of the Department of State or of a diplomatic or consular office related to issuing or refusing to issue a visa or permit to enter the United States is confidential. The record may be used only in developing, amending, or carrying out a law of the United States. However, the Secretary of State may provide a certified copy of the record to a court if the court certifies that it needs the record in the interest of justice in a case pending before the court. (b) Proof of Nonexistence of Record: A certification by the Attorney General, or by an officer or employee of the Immigration and Naturalization Service designated by the Attorney General, that a diligent search of the records of the Service has failed to disclose a particular record is admissible in any proceeding as evidence that the records of the Service do not contain the record. Sec. 353. Disposition of receipts Except as otherwise provided in this title, an amount received in payment of a fee or administrative penalty shall be deposited in the Treasury as miscellaneous receipts. However, a fee received from an applicant residing in the Virgin Islands or Guam and paid under section 2125 of this title shall be paid to the treasury of the Virgin Islands or the treasury of Guam, respectively. Sec. 354. Triennial immigration-impact report (a) Reporting Requirement: The President shall submit a comprehensive immigration-impact report to Congress not later than January 1, 1989, and not later than January 1 of each 3d year thereafter. (b) Content: Each report shall include-- (1) the number and classification of aliens admitted and to be admitted (whether as immediate relatives, special immigrants, refugees, preference immigrants, or nonimmigrants), paroled and to be paroled, and granted and to be granted asylum during the periods specified in subsection (c) of this section; (2) a reasonable estimate of the number of aliens who entered and will enter the United States during those periods without visas or who became or will become deportable during those periods under chapter 65 of this title; and (3) a description of the impact of-- (A) admissions and other entries of immigrants, refugees, asylees, and parolees into the United States during those periods on the economy, labor and housing markets, educational system, social services, foreign policy, environmental quality and resources, and rate, size, and distribution of population growth in the United States; and (B) high rates of immigration resettlement on State and local governments. (c) History and Projections: In each report, the information referred to in subsection (b) of this section shall be-- (1) described for the prior 3-year period; and (2) projected for the next 5-year period, based on reasonable estimates substantiated by the best available evidence. (d) Recommendations: The President also may include recommendations on changes in numerical limitations or other policies under subtitles II and III of this title affecting the admission and entry of aliens into the United States. Sec. 355. Setting immigration adjudication and naturalization fees Fees for providing immigration adjudication and naturalization services may be set at a level that will ensure recovery of-- (1) the costs of providing those services; (2) the costs of providing similar services without charge to asylum applicants or other immigrants; and (3) any additional costs associated with the administration of the fees collected. CHAPTER 5--PASSPORTS AND TRAVEL REQUIREMENTS SUBCHAPTER I--PASSPORTS Sec. 501. Individuals eligible for passports. 502. Issuing and verifying passports. 503. Validity and use. 504. Passport fees. 505. Limitation on acquiring paper for passports. SUBCHAPTER II--TRAVEL REQUIREMENTS 511. Travel document requirements. 512. Certain rights to enter or leave unaffected. 513. Records about residents permanently leaving the United States. 514. Travel restrictions on citizens of foreign countries. SUBCHAPTER I--PASSPORTS Sec. 501. Individuals eligible for passports (a) Nationals of the United States: A passport may be issued only to, or verified only for, a national of the United States. (b) Applications: An individual may be issued a passport only if the individual submits a signed application containing all information required by law and regulations. If the individual previously has not been issued a United States passport, the application must be executed under oath before an individual authorized by the Secretary of State to administer oaths. Sec. 502. Issuing and verifying passports (a) Individuals Authorized To Issue and Verify: Under regulations prescribed by the President, the Secretary of State may-- (1) issue and verify passports; and (2) authorize only the following to issue and verify passports: (A) the chief executive officer of a territory or possession of the United States. (B) in a foreign country, diplomatic and consular officers of the United States and other officers and employees of the Department of State who are citizens of the United States. (b) Reports: As required by the Secretary, an individual issuing or verifying a passport shall report to the Secretary-- (1) the issuing or verifying of the passport; and (2) the information contained in the passport. Sec. 503. Validity and use (a) Period of Validity: A passport is valid for 10 years from the date it is issued. However, the Secretary may limit the validity of a passport to a shorter period in an individual case or on a general basis by regulation. (b) Restrictions on Travel or Use: (1) Except as provided in paragraph (2) of this subsection or any other law, a passport may not be designated as restricted for travel to, or use in, any country. (2) A passport may be designated as restricted for travel to, or use in, a country-- (A) with which the United States is at war; (B) in which armed hostilities are in progress; or (C) in which there is imminent danger to the public health or physical safety of United States travelers. Sec. 504. Passport fees (a) Establishing Fees: The Secretary of State shall prescribe by regulation the fee for a passport and the fee for executing a passport application. However, the following individuals are exempt from paying the passport fee and, when executing the application before an officer or employee of the United States Government, from paying the execution fee: (1) an officer or employee of the Government going outside the United States on official business, and a member of the immediate family of the officer or employee. (2) a sailor needing a passport for service on a vessel of the United States. (3) a widow, child, parent, brother, or sister of a deceased member of the armed forces of the United States going outside the United States to visit the member's grave. (b) Collection and Retention of Application Fees: The Secretary by regulation may-- (1) authorize an official of a State to collect and retain the fee for each passport application executed before the official; and (2) transfer to the United States Postal Service the fee for each application executed before the Service. (c) Deposits in the Treasury: (1) Except for fees retained or transferred under subsection (b) of this section, fees collected under this section shall be deposited in the Treasury. (2) Notwithstanding any other law and to the extent provided in an appropriation law, not more than $5,000,000 in passport fees collected by the Secretary may be credited each fiscal year to a Department of State account. Amounts credited to the account are available only for costs associated with acquiring and producing machine-readable United States passports and visas and compatible reading equipment. Amounts credited under this paragraph remain available until expended. (3) Fees collected for expedited passport processing shall be deposited in the Administration of Foreign Affairs Account as offsetting receipts and are available until expended. (d) Refunds: (1) The Secretary may refund a passport fee-- (A) paid by an individual exempt from payment under subsection (a) of this section; or (B) paid to an officer or employee of the Government by an individual issued a passport who is refused a visa in the United States by the appropriate officer of a government of a foreign country if the individual within 6 months from the date the passport is issued makes a written request and returns the unused passport. (2) Amounts are appropriated to the Secretary to make refunds under paragraph (1)(B) of this subsection. Sec. 505. Limitation on acquiring paper for passports Amounts may not be used to acquire paper for passports if-- (1) the paper is manufactured outside the United States and the territories and possessions of the United States or would be acquired from an entity owned or controlled by a person that is not a citizen of the United States; and (2) a domestic manufacturer for paper for passports exists. SUBCHAPTER II--TRAVEL REQUIREMENTS Sec. 511. Travel document requirements (a) Definitions: In this section-- (1) `permit' means a passport, visa, reentry permit, or other document used to enter or leave the United States. (2) `person', in addition to its meaning under section 1 of title 1, includes a governmental entity. (3) `United States' includes all territory and waters subject to the jurisdiction of the United States. (b) Entering or Leaving the United States: (1) Subject to conditions and exceptions prescribed by the President, a citizen of the United States may enter or leave, or attempt to enter or leave, the United States only if the citizen has a valid United States passport. (2) An alien may enter or leave, or attempt to enter or leave, the United States only under regulations prescribed or orders issued by the President. (c) Other Restrictions: Unless otherwise ordered by the President, a person may not-- (1) transport or attempt to transport an individual into or out of the United States if the person has reason to believe that the entry or departure is prohibited by this section; (2) knowingly make a false statement in an application for a permit with the intent to have the permit issued for any individual; (3) knowingly give, attempt to give, or assist in giving an individual a permit not intended for the individual; (4) knowingly use or attempt to use a permit not issued or intended for that person; (5) forge, change, or mutilate a permit, or have a permit forged, changed, or mutilated; or (6) knowingly use, attempt to use, or give to another for use, a permit that is forged, changed, mutilated, or invalid. (d) Aliens Otherwise Inadmissible: This title does not entitle an alien to enter the United States if the alien is issued a permit but otherwise is inadmissible. (e) Revocation of Regulation or Order: Revocation of a regulation prescribed or order issued under this section does not prevent prosecution, or imposition of penalties, for violation of the regulation or order before it was revoked. Sec. 512. Certain rights to enter or leave unaffected This title does not affect the rights of the following individuals to enter or leave the United States: (1) an American Indian born in Canada who is at least 50 percent of American Indian descent. (2) an alien member of the armed forces of the United States entering or leaving the United States under orders or with permission when the member is in uniform or carrying identification as a member of the armed forces. Sec. 513. Records about residents permanently leaving the United States The Attorney General may authorize an immigration officer to record the following information about a resident of the United States leaving the United States through Canada or Mexico for permanent residence in a foreign country: (1) name. (2) race, age, and sex. (3) country of birth. (4) marital status. (5) occupation. (6) whether the resident can read or write. (7) nationality. (8) country of which the resident is a citizen or subject. (9) last permanent residence in the United States. (10) intended future permanent residence. (11) time and port of last entry into the United States. (12) if the resident claims to be a national of the United States, facts on which the claim is based. Sec. 514. Travel restrictions on citizens of foreign countries (a) General Policy: (1) To carry out the general principles of the Final Act of the Conference on Security and Cooperation in Europe emphasizing the lowering of international barriers to the free movement of people and ideas and in accordance with the Vienna Convention on Diplomatic Relations establishing the legal principles of nondiscrimination and reciprocity, it is the general policy of the United States to impose restrictions on travel within the United States by citizens of a foreign country only when the government of that foreign country imposes restrictions on travel by citizens of the United States within that country. (2) This subsection does not limit a restriction on travel within the United States that the United States Government, on a reciprocal basis, imposes on an official of a government of a foreign country. (b) Conveyance of Policy and Elimination of Restrictions: The Secretary of State shall-- (1) ensure that the policy of subsection (a) of this section is conveyed clearly to the government of a foreign country imposing travel restrictions on citizens of the United States; and (2) seek the elimination, on a mutual and reciprocal basis, of travel restrictions imposed by that government and by the United States Government on each other's citizens. CHAPTER 7--GENERAL MISCELLANEOUS Sec. 701. Certain treaties unaffected. 702. Rules of construction related to organizations. 703. Construction of expedited deportation requirements. Sec. 701. Certain treaties unaffected Except as provided in section 20702(c) of this title, this title does not affect a treaty ratified by the Senate before December 25, 1952. Sec. 702. Rules of construction related to organizations (a) Acts Constituting Affiliation: In this title, the giving, lending, or promising of support, money, or any other thing of value for any purpose to an organization is presumed to constitute affiliation with the organization. (b) Organizations Advocating Overthrow of United States Government: This title may not be construed as declaring that any organization referred to in this title does not advocate the overthrow of the United States Government by unconstitutional means. Sec. 703. Construction of expedited deportation requirements Section 6533(a) of this title and the amendments made by the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416, 108 Stat. 4305) do not create any substantive or procedural right or benefit that is legally enforceable by any party against the United States Government or an agency or officer of the Government or any other person. SUBTITLE II--ALIENS PART A--NONIMMIGRANTS Sec. -21. -ADMISSION AND DOCUMENTATION -2101 -23. -CLASSIFICATIONS -2301 -25. -TEMPORARY AGRICULTURAL WORKERS -2501 -27. -ALIEN CREWMEMBERS -2701 -29. -FACILITIES EMPLOYING REGISTERED NURSES -2901 PART B--IMMIGRANTS -41. -NUMERICAL LIMITATIONS -4101 -43. -PETITIONS AND DOCUMENTATION -4301 -45. -CONDITIONAL PERMANENT RESIDENT STATUS -4501 -47. -ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF THE UNITED STATES -4701 -49. -MISCELLANEOUS -4901 PART C--REFUGEES -51. -ADMISSIONS -5101 PART D--ENTRY, EXCLUSION, AND DEPORTATION -61. -ARRIVAL, INSPECTION, AND ADMISSION -6101 -63. -VISA INELIGIBILITY AND EXCLUSION -6301 -65. -DEPORTATION OF ALIENS IN THE UNITED STATES -6501 -67. -TEMPORARY PROTECTED STATUS -6701 -69. -REGULATION OF PERSONS PROVIDING TRANSPORTATION -6901 PART E--ADDITIONAL REQUIREMENTS AND LIMITATIONS -81. -REGISTRATION AND FINGERPRINTING -8101 -83. -MISCELLANEOUS -8301 PART F--ADJUSTMENT AND CHANGE OF STATUS -91. -ADJUSTMENT AND CHANGE OF STATUS -9101 -93. -ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES BEFORE 1982 -9301 PART G--PENALTIES -101. -PENALTIES -10101 PART A--NONIMMIGRANTS CHAPTER 21--ADMISSION AND DOCUMENTATION SUBCHAPTER I--ADMISSION Sec. 2101. Admission. 2102. Presumption. 2103. Application of certain provisions to diplomats. SUBCHAPTER II--DOCUMENTATION 2121. Documentation requirements. 2122. Applications for nonimmigrant visas and registration. 2123. Issuing nonimmigrant visas and other documentation. 2124. Period of validity and revocation. 2125. Fees. 2126. Burden of proof. 2127. Visa waiver pilot program. SUBCHAPTER I--ADMISSION Sec. 2101. Admission Except as otherwise provided, an alien may be admitted to the United States as a nonimmigrant for the time and under conditions the Attorney General prescribes by regulation. The Attorney General may require the alien to file a bond, in the amount and containing conditions the Attorney General prescribes, to ensure that the alien will leave the United States when-- (1) the time for which the alien is admitted expires; or (2) the alien does not maintain the nonimmigrant status under which the alien was admitted or which the alien acquired under section 9109 of this title. Sec. 2102. Presumption An alien (except an alien described in section 2313, 2317, or 2325 of this title) is presumed to be an immigrant until the alien satisfies the consular officer, at the time of application for a visa, and the immigration officer, at the time of application for admission, that the alien is entitled to nonimmigrant status. Sec. 2103. Application of certain provisions to diplomats Except as otherwise provided in this title, the provisions of this title related to ineligibility for a visa and exclusion or deportation of an alien do not apply to a nonimmigrant described in-- (1) section 2301(1) of this title, except that the nonimmigrant is subject-- (A) to the provisions requiring a passport and visa for identification and proof of qualification for the nonimmigrant classification under that section; and (B) under regulations prescribed by the President, to section 6308(a)-(c) of this title; or (2) section 2301(2) or 2302(1)-(5) of this title, except that the nonimmigrant is subject to-- (A) the provisions requiring a passport and visa for identification and proof of qualification for the nonimmigrant classification under one of those sections; and (B) section 6308(a)-(c) of this title. SUBCHAPTER II--DOCUMENTATION Sec. 2121. Documentation requirements (a) General: Except as provided in this section and section 2127 of this title, an alien classified as a nonimmigrant under subchapter I of chapter 23 of this title may be admitted to the United States only if, when applying for admission, the nonimmigrant has-- (1) a passport that-- (A) is valid for at least 6 months after the last day of the alien's initial period of admission or contemplated initial period of admission; and (B) authorizes the alien during those 6 months to return to the foreign country from which the alien came or to enter another foreign country; and (2) a nonimmigrant visa or border crossing identification card at the time of applying for admission. (b) General Waivers: The Attorney General and the Secretary of State jointly may waive a requirement of subsection (a) of this section-- (1) in an individual case because of an unforeseen emergency; (2) on a reciprocal basis, for nationals of foreign contiguous territory or of adjacent islands and for residents of that territory or islands who have a common nationality with those nationals; or (3) for an alien proceeding in immediate and continuous transit through the United States on a carrier operating under a contract authorized by section 6905(b)(1)(B) of this title. (c) Waivers for Visitors to Guam: (1) The Attorney General, the Secretary of State, and the Secretary of the Interior jointly may waive subsection (a) of this section for an alien applying for admission as a nonimmigrant visitor classified under section 2303 of this title, but only for entry into and stay on Guam for not more than 15 days, if they jointly decide, after consulting with the Governor of Guam, that-- (A) an adequate arrival and departure control system has been developed on Guam; and (B) the waiver does not represent a threat to the welfare, safety, or security of the United States or its territories or possessions. (2) An alien may be granted a waiver under this subsection only if the alien waives any right-- (A) to a review or appeal under this title of an immigration officer's decision on the admissibility of the alien at the port of entry into Guam; or (B) to contest (except on the basis of an application for asylum) an action for deportation against the alien. (3) An alien admitted to Guam without a visa under this subsection may not-- (A) stay in Guam for more than 15 days after the date of admission to Guam; or (B) enter or stay in the United States under that admission, except in Guam. (4) If adequate appropriated amounts to carry out this subsection are not available, the Attorney General may accept amounts tendered by the government of Guam to cover any part of the cost of carrying out this subsection. Sec. 2122. Applications for nonimmigrant visas and registration (a) Application Requirements: An alien applying for a nonimmigrant visa must apply in the way prescribed by regulation. The application must contain the following information about the alien: (1) the complete true name of the alien. (2) a personal description, including height, complexion, color of hair and eyes, and marks of identification. (3) the date and place of birth. (4) nationality. (5) marital status. (6) the purpose in going to the United States. (7) the period of intended stay in the United States. (8) additional information prescribed by regulation that is necessary to identify the alien and enforce the immigration and nationality laws. (b) Additional Requirements: An alien applying for a nonimmigrant visa must-- (1) register if required by chapter 81 of this title when applying for the visa; (2) take a physical or mental examination, or both, if required by the consular officer to decide whether the alien may receive a visa; and (3) provide the consular officer, with the application, a certified copy of any documentation about the alien that may be required by regulation. (c) Statement About No Entitlement To Enter the United States: An application for a nonimmigrant visa shall inform the applicant that a visa or other documentation issued to an alien does not entitle the alien to enter the United States if, on arrival at a port of entry, the alien is found to be inadmissible. (d) Signature and Oath: Except as otherwise prescribed by regulation, an alien must-- (1) sign an application for a nonimmigrant visa in the presence of a consular officer; and (2) take an oath administered by the consular officer verifying the application. (e) Disposition of Applications: An application for a nonimmigrant visa or other documentation as a nonimmigrant shall be disposed of as prescribed by regulation. Sec. 2123. Issuing nonimmigrant visas and other documentation (a) General: Except as provided in subsection (b) of this section, a consular officer may issue a nonimmigrant visa to an eligible nonimmigrant who has made a proper application for the visa. (b) Prohibitions: (1) A consular officer may not issue a nonimmigrant visa or other documentation to an alien if-- (A) the alien's application does not comply with this title or regulations prescribed under this title; or (B) the consular officer has reason to believe the alien is ineligible for the visa or other documentation under subchapter I of chapter 63 of this title or any other provision of law. (2) Notwithstanding paragraph (1)(B) of this subsection, a consular officer may issue a nonimmigrant visa or other documentation to-- (A) an alien to whom section 6304(a) of this title applies if-- (i) the alien otherwise may receive the visa or other documentation; and (ii) the consular officer receives notice from the Attorney General that a bond approved by the Attorney General has been filed under section 6304(b) of this title; or (B) an alien applying as a nonimmigrant classified under section 2303 or 2310 of this title if the alien otherwise may receive the visa or other documentation, and the consular officer receives notice from the Attorney General of the filing of a bond, in the amount and containing conditions the consular officer prescribes, to ensure that the alien will leave the United States when-- (i) the time for which the alien is admitted expires; or (ii) the alien does not maintain the nonimmigrant status under which the alien was admitted or which the alien acquired under section 9109 of this title. (c) Form and Content of Visas: Except as otherwise prescribed by regulation, the issuance of a nonimmigrant visa shall be shown by a stamp placed by a consular officer in the alien's passport. The visa shall specify-- (1) the alien's nonimmigrant classification under subchapter I of chapter 23 of this title; (2) the period during which the visa is valid; and (3) additional information that may be required. Sec. 2124. Period of validity and revocation (a) Period of Validity: A nonimmigrant visa is valid for the period prescribed by regulation. In prescribing the period of validity, the Secretary of State, to the extent practicable, shall treat nationals of a foreign country the same as the government of that country treats nationals of the United States within a similar class. (b) Revocation: A consular officer or the Secretary may revoke a visa or other documentation issued to a nonimmigrant. A revocation invalidates the visa or documentation from the date the visa or documentation was issued. The Attorney General shall be notified of each revocation. Sec. 2125. Fees The Secretary of State shall prescribe fees for providing and verifying a nonimmigrant visa application for, and issuing a nonimmigrant visa to, a nonimmigrant of each foreign country. If practicable, the total amount of the fees shall correspond to the total of all visa, entry, residence, or similar fees the country imposes on nationals of the United States. A nonimmigrant visa issued to an alien described in section 11 of the Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations (61 Stat. 761) and in transit to or from the headquarters district of the United Nations shall be issued without charge. Sec. 2126. Burden of proof (a) Eligibility for Visa or Documentation: An individual applying for a nonimmigrant visa or other documentation required for entering the United States as a nonimmigrant has the burden of proving that the individual is eligible for the visa or documentation. A consular officer may issue the visa or documentation only if satisfied that the individual is eligible for the visa or documentation. (b) Status: An alien claiming to be a nonimmigrant has the burden of proving that the alien is entitled to nonimmigrant status. Sec. 2127. Visa waiver pilot program (a) Establishment of Program: The Attorney General and the Secretary of State jointly may maintain a pilot program for the fiscal years ending September 30, 1989-1996, under which they jointly may waive section 2121(a)(2) of this title for an alien eligible for a waiver under subsection (c) of this section. (b) Designation of Pilot Program Countries: (1) The Attorney General and the Secretary jointly may designate any foreign country as a pilot program country if the government of that country extends (or agrees to extend) reciprocal privileges to nationals of the United States and meets the requirements of paragraph (2) of this subsection. A designation is only for a fiscal year. (2) Except as provided in subsection (c) of this section, a country may be designated as a pilot program country only if-- (A) the average number of refusals of nonimmigrant visitor visas for nationals of that country during the prior 2 fiscal years was less than 2 percent of the number of nonimmigrant visitor visas for nationals of that country that were issued or refused during those years; (B) the average number of refusals of nonimmigrant visitor visas for nationals of that country during either of those 2 years was less than 2.5 percent of the number of nonimmigrant visitor visas for nationals of that country that were issued or refused during that year; (C) the government of that country certifies that it has or is developing a program to issue machine-readable passports to citizens of that country; and (D) the Attorney General decides that the law enforcement interests of the United States would not be compromised by the designation of that country. (c) Designation of Pilot Program Countries With Probationary Status: (1) The Attorney General and the Secretary jointly may designate any foreign country as a pilot program country with probationary status if the government of that country extends (or agrees to extend) reciprocal privileges to nationals of the United States and meets the requirements of paragraph (2) of this subsection. (2) A country may be designated as a pilot program country with probationary status only if-- (A) the average number of refusals of nonimmigrant visitor visas for nationals of that country during the prior 2 fiscal years was less than 3.5 percent of the number of nonimmigrant visitor visas for nationals of that country that were issued or refused during those years; (B) the number of refusals of nonimmigrant visitor visas for nationals of that country during the prior fiscal year was less than 3 percent of the number of nonimmigrant visitor visas for nationals of that country that were issued or refused during that year; (C) the total number of nationals referred to in subclauses (i) and (ii) of this clause is less than 1.5 percent of the number of nationals of that country who applied for admission as nonimmigrant visitors during that prior fiscal year: (i) the number of nationals of that country who were excluded from admission or withdrew their application for admission during that prior fiscal year as nonimmigrant visitors; plus (ii) the number of nationals of that country who were admitted as nonimmigrant visitors during that prior fiscal year and who violated a condition of that admission; and (D) the government of that country certifies that it has or is developing a program to issue machine-readable passports to citizens of that country. (3) The designation of a country as a pilot program country with probationary status ends if-- (A) the total number of nationals referred to in subclauses (i) and (ii) of this clause is more than 2 percent of the number of nationals of that country who applied for admission as nonimmigrant visitors during that prior fiscal year: (i) the number of nationals of that country who were excluded from admission or withdrew their application for admission during that prior fiscal year as nonimmigrant visitors; plus (ii) the number of nationals of that country who were admitted as nonimmigrant visitors during that prior fiscal year and who violated a condition of that admission; or (B) the country is not designated as a pilot program country under subsection (b) of this section, as provided in paragraph (4) of this subsection, within 3 fiscal years of the country's designation as a pilot program country with probationary status under paragraph (2) of this subsection. (4) The Attorney General and the Secretary jointly may designate as a pilot program country under subsection (b) of this section a country that in the prior fiscal year was a pilot program country with probationary status if the total number of nationals referred to in clauses (A) and (B) of this paragraph is less than 2 percent of the number of nationals of that country who applied for admission as nonimmigrant visitors during that prior fiscal year: (A) the number of nationals of that country who were excluded from admission or withdrew their application for admission during that prior fiscal year as nonimmigrant visitors; plus (B) the number of nationals of that country who were admitted as nonimmigrant visitors during that prior fiscal year and who violated a condition of that admission. (d) Continuation of Pilot Program Country Status: A country that was a pilot program country in the prior fiscal year may be designated as a pilot program country in a subsequent fiscal year of the program only if the total number of nationals referred to in clauses (1) and (2) of this subsection is less than 2 percent of the number of nationals of that country who applied for admission as nonimmigrant visitors during that prior fiscal year: (1) the number of nationals of that country who were excluded from admission or withdrew their application for admission during that prior fiscal year as nonimmigrant visitors; plus (2) the number of nationals of that country who were admitted as nonimmigrant visitors during that prior fiscal year and who violated a condition of that admission. (e) Eligible Aliens: An alien is eligible for a waiver under the program if the alien-- (1) is applying to be admitted not later than September 30, 1996, as a nonimmigrant visitor under section 2303 of this title for not more than 90 days; (2) is a national of, and presents a passport issued by, a foreign country designated as a pilot program country under subsection (b) of this section or a pilot program country with probationary status under subsection (c) of this section; (3) before admission, completes an immigration form prescribed by the Attorney General; (4) before being provided a waiver under the program, waives any right-- (A) to a review or appeal under this title of an immigration officer's decision on the admissibility of the alien at the port of entry into the United States; or (B) to contest (except on the basis of an application for asylum) an action for deportation against the alien; (5) when arriving by air or sea, arrives at the port of entry into the United States on a carrier that has an agreement with the Attorney General to guarantee transportation of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer; (6) has a round-trip transportation ticket unless the Attorney General by regulation waives this requirement; (7) is not a threat to the welfare, health, safety, or security of the United States; and (8) complied with the conditions of any previous admission without a visa under the program. (f) Admission Under Visa Waiver Pilot Program: An alien admitted to the United States under this section without a visa may not stay in the United States as a nonimmigrant visitor for more than 90 days after the date of admission to the United States. (g) Carrier Agreements: (1) A carrier and the Attorney General may make an agreement referred to in subsection (e)(5) of this section under which the carrier agrees, in consideration of the waiver of the visa requirement for a nonimmigrant visitor under the program-- (A) to indemnify the United States Government against costs of transporting that visitor from the United States if the visitor is refused admission or remains in the United States unlawfully after the end of the period of admission referred to in subsection (e)(1) of this section; (B) to submit each day to immigration officers any immigration forms received about nonimmigrant visitors given a waiver under the program; and (C) to be liable, under regulations the Attorney General prescribes, for transporting a national of a pilot program country into the United States without a passport. (2) If a carrier does not comply with an agreement made under paragraph (1) of this subsection, the Attorney General may end the agreement on 5 days' notice to the carrier. (h) Denial of Waivers: Notwithstanding subsections (a)-(e) and (g) of this section, the Attorney General and the Secretary jointly may-- (1) for any reason refuse to designate a foreign country that otherwise may qualify for designation under this section; or (2) rescind at any time a waiver or designation previously issued under this section. CHAPTER 23--CLASSIFICATIONS SUBCHAPTER I--GENERAL Sec. 2301. Officials of governments of foreign countries. 2302. Representatives to international organizations. 2303. Visitors for business and pleasure. 2304. Aliens in immediate and continuous transit. 2305. Crewmembers. 2306. Aliens entitled to enter for trade or investment. 2307. Aliens entitled to enter for business activities at a professional level under certain trade agreements. 2308. Media representatives. 2309. Aliens engaged to marry citizens. 2310. Students in academic institutions and language training programs. 2311. Students in nonacademic institutions. 2312. Participants in programs designated by the Director of the United States Information Agency. 2313. Aliens employed temporarily in specialty occupations or as fashion models. 2314. Temporary and seasonal agricultural employees. 2315. Aliens performing labor or services for which United States workers are unavailable. 2316. Aliens receiving training. 2317. Intra-company transferees. 2318. Aliens with extraordinary ability or with distinction in the arts, motion pictures, or television. 2319. Athletes and entertainers. 2320. Participants in international exchange programs. 2321. Aliens in religious occupations. 2322. Participants in cooperative research, development, and coproduction projects. 2323. Participants in special education programs. 2324. Relatives of special immigrants. 2325. Registered nurses. 2326 Aliens with information concerning criminal or terrorist organizations. SUBCHAPTER II--SPECIAL REQUIREMENTS 2351. Employer applications for aliens employed temporarily in specialty occupations or as fashion models. 2352. Advisory opinions for aliens with extraordinary ability or with distinction in the arts, motion pictures, or television. 2353. Advisory opinions for athletes and entertainers. SUBCHAPTER I--GENERAL Sec. 2301. Officials of governments of foreign countries An alien is classifiable as a nonimmigrant under this section if the alien is-- (1)(A) an ambassador, public minister, or career diplomatic or consular officer accredited by a government of a foreign country recognized de jure by the United States Government who is accepted by the President or the Secretary of State; or (B) a member of the immediate family of the ambassador, minister, or officer; (2) on a reciprocal basis-- (A) another official or employee accredited by a government of a foreign country recognized de jure by the United States Government who is accepted by the Secretary; or (B) a member of the immediate family of the official or employee; or (3) on a reciprocal basis-- (A) an attendant, servant, or personal employee of an alien described in clause (1)(A) or (2)(A) of this section; or (B) a member of the immediate family of the attendant, servant, or personal employee. Sec. 2302. Representatives to international organizations An alien is classifiable as a nonimmigrant under this section if the alien is-- (1)(A) a designated principal resident representative of a government of a foreign country to an international organization if the government is recognized de jure by the United States Government and is a member of the international organization; or (B) a member of the immediate family of the representative; (2)(A) an accredited resident member of the staff of a representative described in clause (1)(A) of this section; or (B) a member of the immediate family of the member; (3)(A) an accredited representative (except a representative described in clause (1)(A) of this section) of a government of a foreign country to an international organization if the government is recognized de jure by the United States Government and is a member of the international organization; or (B) a member of the immediate family of the representative; (4)(A) an alien described in clause (1)(A), (2)(A), or (3)(A) of this section, except that the government of the foreign country is not recognized de jure by the United States Government or is not a member of an international organization; or (B) a member of the immediate family of the alien; (5)(A) an officer or employee of an international organization; or (B) a member of the immediate family of the officer or employee; or (6)(A) an attendant, servant, or personal employee of an alien described in clause (1)(A), (2)(A), (3)(A), (4)(A), or (5)(A) of this section; or (B) a member of the immediate family of the attendant, servant, or personal employee. Sec. 2303. Visitors for business and pleasure An alien is classifiable as a nonimmigrant under this section if the alien-- (1) has a residence in a foreign country that the alien has no intention of abandoning; and (2) is visiting the United States temporarily for business or pleasure (except to study, to perform skilled or unskilled labor, or to work as a representative of foreign information media). Sec. 2304. Aliens in immediate and continuous transit An alien is classifiable as a nonimmigrant under this section if the alien is-- (1) in immediate and continuous transit through the United States; or (2) entitled to pass in transit between a foreign country and the headquarters district of the United Nations under section 11(3), (4), or (5) of the Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations (61 Stat. 761). Sec. 2305. Crewmembers (a) General: (1) Except as provided in subsection (c) of this section, an alien is classifiable as a nonimmigrant under this section if the alien-- (A) is a crewmember serving as a crewmember in a capacity required for normal operation and service on a vessel (except a fishing vessel having its home port or an operating base in the United States) or on an aircraft; and (B) intends to land temporarily and only as a crewmember and to depart on a vessel or aircraft. (2) Serving in a capacity required for normal operation and service on a vessel under paragraph (1)(A) of this subsection includes performing longshore work (as defined in section 2721(a) of this title) only to the extent provided in section 2723, 2724, or 2725 of this title. (b) Crewmembers of Fishing Vessels Landing in Guam: (1) Except as provided in subsection (c) of this section, an alien is classifiable as a nonimmigrant under this section if the alien-- (A) is a crewmember serving as a crewmember in any capacity required for normal operation and service on a fishing vessel having its home port or an operating base in the United States; and (B) intends to land in Guam temporarily and only as a crewmember and to depart on the vessel on which the alien arrived. (2) An alien is deemed to have departed from Guam under paragraph (1)(B) of this subsection after leaving the territorial waters of Guam without regard to whether the alien arrives in a foreign country before returning to Guam. (c) Crewmembers Employed in Labor Disputes: (1) An alien who intends to land to perform service on a vessel of the United States (as defined in section 2101 of title 46) or on an aircraft of an air carrier (as defined in section 40102(a) of title 49) during a labor dispute in which there is a strike or lockout of the bargaining unit of the employer in which the alien intends to perform that service-- (A) is not entitled to the status of a nonimmigrant classified under this section; (B) may not be paroled into the United States under section 6123 of this title, unless the Attorney General decides that the parole of the alien is necessary to protect the security of the United States; and (C) is not a crewmember for purposes of section 2703(d) of this title. (2) Paragraph (1) of this subsection does not apply to an alien if the air carrier or owner or operator of the vessel employing the alien provides documentation that satisfies the Attorney General that the alien-- (A) has been employed by that employer for at least a one-year period before the date that the strike or legal lockout began; (B) has served as a qualified crewmember for that employer at least once in each of 3 months during the 12-month period before that date; and (C) will continue to perform the same services that the alien provided during the alien's employment described in clause (B) of this paragraph. Sec. 2306. Aliens entitled to enter for trade or investment (a) Definition: In this section, `citizen of Mexico' has the same meaning given that term in Annex 1608 of the North American Free Trade Agreement. (b) Eligibility Under Treaty: An alien is classifiable as a nonimmigrant under this section if the alien-- (1) is entitled to enter the United States under a treaty of commerce and navigation between the United States Government and the government of the foreign country of which the alien is a national only-- (A) to carry on an amount of trade (including trade in services or technology) principally between the United States and the country of which the alien is a national that is substantial, as established by the Secretary of State after consulting with the heads of appropriate agencies; or (B) to develop and direct the operations of an enterprise in which the alien has invested or is actively in the process of investing an amount of capital that is substantial, as established by the Secretary of State after consulting with appropriate agencies; or (2) is the spouse or child of an alien described in clause (1) of this subsection if accompanying or following to join the alien. (c) Eligibility Under Legislation: An alien shall be classified as a nonimmigrant under this section if the alien-- (1) is a national of the Philippines who is coming to the United States, on a reciprocal basis under an agreement implemented under the Act of June 18, 1954 (ch. 323, 68 Stat. 264), only to engage in activities described in subsection (b)(1)(A) or (B) of this section; (2) a national of Australia or Sweden who is coming to the United States on a reciprocal basis only to engage in activities described in subsection (b)(1)(A) or (B) of this section; (3)(A) is a citizen of Canada; and (B) is coming to the United States on a reciprocal basis under the United States-Canada Free-Trade Agreement only for a purpose specified by Annex 1502.1 (United States of America), Part B--Traders and Investors, of the United States-Canada Free-Trade Agreement, but only if the purpose was specified by that Annex on January 1, 1989; (4) subject to subsection (d) of this section-- (A) is a citizen of Canada or a citizen of Mexico; and (B) is coming to the United States on a reciprocal basis under the North American Free Trade Agreement only for a purpose specified by section B of Annex 1603 of the Agreement, but only if the purpose was specified by Annex 1603 on January 1, 1994; or (5) is the spouse or child of an alien described in clause (1), (2), (3), or (4) of this subsection if accompanying or following to join the alien. (d) Labor Disputes: An alien described in subsection (c)(4) of this section is not entitled to be classified as a nonimmigrant under that section if there is a strike or lockout in progress during a labor dispute in the occupational classification at the alien's place or intended place of employment, unless the alien establishes under regulations prescribed by the Attorney General that the alien's entry will not adversely affect the settlement of the strike or lockout or the employment of any individual who is involved in the strike or lockout. Notice of a decision by the Attorney General under this subsection shall be given in the way required by paragraph 3 of Article 1603 of the Agreement. Sec. 2307. Aliens entitled to enter for business activities at a professional level under certain trade agreements (a) Definition: In this section, `citizen of Mexico' has the same meaning given that term in Annex 1608 of the North American Free Trade Agreement. (b) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) is a citizen of Canada; (B) is coming to the United States under 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 in that Annex; and (C) may be admitted to engage in those activities under regulations prescribed by the Attorney General after consulting with the Secretaries of State and Labor; or (2)(A) subject to subsections (c)-(e) of this section-- (i) is a citizen of Canada or a citizen of Mexico; (ii) is coming to the United States under section D of Annex 1603 of the North American Free Trade Agreement to engage in business activities at a professional level as provided in Annex 1603; and (iii) may be admitted to engage in those activities under regulations prescribed by the Attorney General after consulting with the Secretaries of State and Labor; or (B) is the spouse or child of an alien described in subclause (A) of this clause if accompanying or following to join the alien. (c) Numerical Limitations on Citizens of Mexico: (1) The Attorney General shall establish an annual numerical limitation on the admission of citizens of Mexico classified under subsection (b)(2) of this section, as provided in Appendix 1603.D.4 of Annex 1603 of the North American Free Trade Agreement. Subject to paragraph (2) of this subsection, the limitation-- (A) may be increased after December 31, 1994, under paragraph 5(a) of section D of Annex 1603 of the Agreement; and (B) shall cease to apply as provided in paragraph 3 of Appendix 1603.D.4. (2) The limitation referred to in paragraph (1) of this subsection may be increased or shall cease to apply (other than under paragraph 3 of Appendix 1603.D.4) only if-- (A) the President has obtained advice about the proposed action from the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); (B) the President has submitted a report to the Committees on the Judiciary of the Senate and the House of Representatives that states the action proposed to be taken, the reasons for the proposed action, and the advice obtained under clause (A) of this paragraph; (C) at least 60 days have passed after the President meets the requirements of clauses (A) and (B) of this paragraph; and (D) the President consults with those committees during that 60-day period about the proposed action. (d) Additional Requirements for Citizens of Mexico: During the period that Appendix 1603.D.4 of Annex 1603 of the North American Free Trade Agreement applies, an alien who is a citizen of Mexico and enters under section D of Annex 1603 must comply-- (1) for a registered nurse, with the attestation requirements of section 2902 of this title, to the extent and in the way provided by regulations prescribed by the Secretary of Labor; (2) for all other professions set out in Appendix 1603.D.1 of Annex 1603, with the application requirements of section 2351 of this title, to the extent and in the way provided by regulations prescribed by the Secretary of Labor; and (3) with the employer petition requirements of this chapter, to the extent and in the way provided by regulations prescribed by the Attorney General. (e) Labor Disputes: An alien who is a citizen of Canada or a citizen of Mexico and who is coming to the United States under section C or D of Annex 1603 of the North American Free Trade Agreement is not entitled to be classified as a nonimmigrant under those sections if there is a strike or lockout in progress during a labor dispute in the occupational classification at the alien's place or intended place of employment, unless the alien establishes under regulations prescribed by the Attorney General that the alien's entry will not adversely affect the settlement of the strike or lockout or the employment of any individual who is involved in the strike or lockout. Notice of a decision by the Attorney General under this subsection shall be given in the way required by paragraph 3 of Article 1603 of the Agreement. Sec. 2308. Media representatives On a reciprocal basis, an alien is classifiable as a nonimmigrant under this section if the alien is-- (1) a representative of foreign information media who is coming to the United States only to work as a representative of foreign information media; or (2) the spouse or child of an alien described in clause (1) of this section if accompanying or following to join the alien. Sec. 2309. Aliens engaged to marry citizens (a) General: An alien is classifiable as a nonimmigrant under this section if the alien is-- (1) engaged to marry a citizen of the United States and is coming to the United States only to marry the citizen within 90 days after entry; or (2) the child of an alien described in clause (1) of this subsection if accompanying or following to join the alien. (b) Fiancee or Fiance Petitions: (1) The citizen fiancee or fiance of an alien described in subsection (a)(1) of this section must file a petition in the United States with the Attorney General. The petition must be in the form and contain the information the Attorney General prescribes by regulation. The Attorney General may approve the petition only if satisfied that the parties-- (A) previously have met in person during the 2 years before the date the petition was filed, except that the Attorney General may waive this requirement; (B) intend to marry; and (C) are legally able and willing to marry not later than 90 days after the alien arrives in the United States. (2) The consular officer must receive the petition approved by the Attorney General before a visa may be issued to the alien. Sec. 2310. Students in academic institutions and language training programs (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) has a residence in a foreign country that the alien has no intention of abandoning; (B) is a student qualified to take a full course of study; and (C) is coming to the United States temporarily and only to take a full course of study at an established academic institution or in a language training program designated by the alien and approved by the Attorney General under subsection (b) of this section; or (2) is the spouse or child of an alien described in clause (1) of this subsection if accompanying or following to join the alien. (b) Approval of Institutions and Programs: (1) The Attorney General may approve an institution or language training program referred to in subsection (a) of this section only after-- (A) the Attorney General has consulted with the Secretary of Education; and (B) the institution or the place of study for the program has agreed to report promptly to the Attorney General the termination of attendance of each nonimmigrant student. (2) The Attorney General shall withdraw the approval if the institution or place of study fails to report promptly. (c) Work Authorizations: (1) During the 5-year period that began on October 1, 1991, the Attorney General may grant a work authorization for an alien admitted as a nonimmigrant classified under subsection (a)(1) of this section to be employed off-campus if-- (A) the alien has completed one academic year as such a nonimmigrant and is maintaining good academic standing at the educational institution; (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer-- (i) has recruited for at least 60 days for the position; and (ii) will pay the alien and other similarly situated workers not less than the actual wage level for the occupation at the place of employment, or the prevailing wage level for the occupation in the area of employment, whichever is greater; and (C) the alien will be employed no more than 20 hours each week during the academic term. (2) An alien described in this subsection may be employed on a full-time basis during vacation periods and between academic terms. (3) If the Secretary of Labor determines that an employer has provided an attestation under this subsection that is materially false or has failed to pay wages in accordance with the attestation, the employer shall be disqualifed from employing an alien under this subsection after the Secretary provides notice to the employer and an opportunity for a hearing. (4) Not later than April 1, 1996, the Attorney General and the Secretary of Labor shall submit to Congress a report on-- (A) whether the program of work authorization under this subsection should be extended; and (B) the impact of the program on the prevailing wages of workers. Sec. 2311. Students in nonacademic institutions (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) has a residence in a foreign country that the alien has no intention of abandoning; and (B) is coming to the United States temporarily and only to take a full course of study (except in a language training program) at a recognized nonacademic institution designated by the alien and approved by the Attorney General under subsection (b) of this section; or (2) is the spouse or child of an alien described in clause (1) of this subsection if accompanying or following to join the alien. (b) Approval of Institutions: (1) The Attorney General may approve an institution referred to in subsection (a) of this section only after-- (A) the Attorney General has consulted with the Secretary of Education; and (B) the institution has agreed to report promptly to the Attorney General the termination of attendance of each nonimmigrant student. (2) The Attorney General shall withdraw the approval if the institution fails to report promptly. Sec. 2312. Participants in programs designated by the Director of the United States Information Agency (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) has a residence in a foreign country that the alien has no intention of abandoning; (B) is a student, scholar, trainee, teacher, researcher, leader, or similar individual in a field of specialized knowledge or skill; and (C) is coming to the United States temporarily to teach, lecture, study, observe, conduct research, consult, receive training, or demonstrate special skills in a program designated by the Director of the United States Information Agency, and, if coming to participate in a program in which the alien will receive graduate medical education or training, satisfies the requirements of subsections (b) and (c) of this section; or (2) is the spouse or child of an alien described in clause (1) of this subsection if accompanying or following to join the alien. (b) Additional Requirements for Aliens in Medical Programs: The following additional requirements apply to an alien coming to the United States as a nonimmigrant classified under subsection (a)(1) of this section to participate in a program in which the alien will receive graduate medical education or training: (1) A school of medicine or of another health profession accredited by a body approved by the Secretary of Education must agree in writing to provide the graduate medical education or training under the program for which the alien is coming to the United States or to arrange for an appropriate public or nonprofit private agency or institution to provide the education or training. Before making the agreement, the school must be satisfied that the alien satisfies paragraph (2) of this subsection. If the agreement is by a school of medicine, any of its affiliated hospitals that will participate in providing the education or training must be a party to the agreement. (2) The alien must-- (A) have graduated from a school of medicine accredited by a body approved by the Secretary of Education (regardless of whether the school is in the United States); or (B)(i) have passed parts I and II of the National Board of Medical Examiners Examination or an examination the Secretary of Health and Human Services decides is equivalent; (ii) be competent in oral and written English; (iii) be able to adapt to the educational and cultural environment in which the alien will be receiving the education or training; and (iv) have adequate prior education and training to participate satisfactorily in the program. (3) The government of the foreign country of the alien's nationality or last residence must provide a written assurance satisfactory to the Secretary of Health and Human Services that the country needs individuals with the skills the alien will acquire in the program. (4) The alien must agree to return to the foreign country of the alien's nationality or last residence on completing the program. (5) The alien must give the Attorney General annually an affidavit (in the form prescribed by the Attorney General) attesting that the alien-- (A) is in good standing in the program; and (B) will return to the foreign country of the alien's nationality or last residence on completing the program. (6) The alien's participation in the program is limited to the period typically required to complete the program, as determined by the Director at the time the alien enters the United States. The Director shall base the determination on criteria, established in coordination with the Secretary of Health and Human Services, that consider the published requirements of the medical specialty board administering the program. However-- (A) the period may be more than 7 years only if the alien satisfies the Director that the foreign country to which the alien will return on completing the program has an exceptional need for an individual with the skills the alien will acquire in the program; and (B) the alien may change programs once within the first 2 years after entering the United States as a nonimmigrant classified under subsection (a)(1) of this section or acquiring the status of a nonimmigrant classified under subsection (a)(1) if the Director approves the change and a written assurance and an agreement are given for the new program as provided in paragraphs (3) and (4) of this subsection. (c) Satisfaction of Requirements by Certain Medical School Graduates: An alien who is a graduate of a medical school satisfies subsection (b)(2)(B)(i) of this section if the alien on January 9, 1978-- (1) was completely and permanently licensed to practice medicine in a State; and (2) was practicing medicine in a State. (d) Report on Affidavits: The Director shall submit to Congress each year a report on aliens who have submitted affidavits under subsection (b)(5) of this section. The report shall include the name and address of each alien, the program of graduate medical education or training in which the alien is participating, and the status of the alien in the program. Sec. 2313. Aliens employed temporarily in specialty occupations or as fashion models (a) General: Except as provided in subsection (e) of this section, an alien is classifiable as a nonimmigrant under this section if-- (1)(A) the alien is coming to the United States temporarily to be employed in a specialty occupation (except as a registered nurse during the period specified by section 2325(c) of this title or to perform services described in section 2314, 2318, or 2319 of this title) that requires theoretical and practical application of a body of highly specialized knowledge and 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; (B) the alien-- (i) is fully licensed by a State to practice the occupation if a license is required to practice that occupation; (ii) has completed the degree described in this subclause (A) of this paragraph for that occupation; or (iii) has experience in the specialty equivalent to the completion of that degree and recognition of expertise in the specialty through progressively more responsible positions related to the specialty; and (C) the Secretary of Labor has certified to the Attorney General that the employer intending to employ the alien has filed with the Secretary an application under section 2351 of this title; (2)(A) the alien is coming to the United States temporarily to be employed as a fashion model and demonstrates distinguished merit and ability; and (B) the Secretary of Labor has certified to the Attorney General that the employer intending to employ the alien has filed with the Secretary an application under section 2351 of this title; or (3) the alien is the spouse or child of an alien described in clause (1) or (2) of this subsection if accompanying or following to join the alien. (b) Numerical and Time Limitations: (1) The total number of aliens who may be issued visas or provided status as nonimmigrants classified under subsection (a)(1) and (2) of this section during a fiscal year is 65,000. Those aliens shall be classified as nonimmigrants under that subsection in the order in which petitions are filed for that classification. (2) An alien classified as a nonimmigrant under subsection (a)(1) or (2) of this section may be admitted to the United States for not more than 6 years. (c) Employer Petitions: (1) An employer intending to bring to the United States an alien described in subsection (a)(1) or (2) of this section must file a petition with the Attorney General. The petition must be in the form and contain the information the Attorney General prescribes. Before approving a petition, the Attorney General shall consult with the heads of appropriate agencies. The Attorney General must approve the petition before a visa may be issued to the alien. Approval of the petition does not establish by itself that the alien is a nonimmigrant. (2) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the decision and the reasons for the denial and the way in which the petitioner may appeal the decision. (d) Limitations on Admission of Medical School Graduates: An alien who is a graduate of a medical school and is coming to the United States to perform services as a member of the medical profession may be admitted as a nonimmigrant classified under subsection (a)(1) of this section only if the alien-- (1) is coming to the United States at the invitation of a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for the institution or agency; or (2)(A) has passed the licensing examination administered by the Federation of State Medical Boards of the United States or an examination the Secretary of Health and Human Services decides is equivalent; and (B)(i) is competent in oral and written English; or (ii) is a graduate of a medical school that is accredited by a body approved by the Secretary of Education (regardless of whether the school is in the United States). (e) Intention To Abandon Residence in a Foreign Country: For purposes of obtaining a visa or acquiring or maintaining the status of a nonimmigrant classified under subsection (a)(1) or (2) of this section, the fact that an alien is the beneficiary of an application for a preference status filed under subchapter I of chapter 43 of this title or otherwise has sought permanent residence in the United States is not evidence of an intention to abandon a residence in a foreign country if the alien has acquired a change of status under section 9109 of this title to a classification as such a nonimmigrant before the alien's most recent departure from the United States. Sec. 2314. Temporary and seasonal agricultural employees (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) has a residence in a foreign country that the alien has no intention of abandoning; and (B) is coming to the United States temporarily to perform temporary or seasonal agricultural labor or services as defined by the Secretary of Labor by regulation, including agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) and agriculture as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); or (2) is the spouse or child of an alien described in clause (1) of this subsection if accompanying or following to join the alien. (b) Employer Petitions: (1) An employer intending to bring to the United States an alien described in subsection (a)(1) of this section must file a petition with the Attorney General. The petition must be in the form and contain the information the Attorney General prescribes. Before approving a petition, the Attorney General shall consult with the heads of appropriate agencies, including the Secretaries of Labor and Agriculture. The Attorney General may approve the petition only after the petitioner has applied to the Secretary of Labor for a certification under section 2502 of this title. The Attorney General must approve the petition before a visa may be issued to the alien. Approval of the petition does not establish by itself that the alien is a nonimmigrant. (2) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the decision and the reasons for the denial and the way in which the petitioner may appeal the decision. Sec. 2315. Aliens performing labor or services for which United States workers are unavailable (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) is not a graduate of a medical school coming to the United States to perform services as a member of the medical profession; (B) has a residence in a foreign country that the alien has no intention of abandoning; and (C) is coming to the United States temporarily to perform temporary labor or services (except labor or services described in section 2314 of this title) for which unemployed workers able to perform the labor or services are unavailable in the United States; or (2) is the spouse or child of an alien described in clause (1) of this subsection if accompanying or following to join the alien. (b) Numerical Limitations: The total number of aliens who may be issued visas or provided status as nonimmigrants classified under subsection (a)(1) of this section during a fiscal year is 66,000. Those aliens shall be classified as nonimmigrants under that subsection in the order in which petitions are filed for that classification. (c) Employer Petitions: (1) An employer intending to bring to the United States an alien described in subsection (a)(1) of this section must file a petition with the Attorney General. The petition must be in the form and contain the information the Attorney General prescribes. Before approving a petition, the Attorney General shall consult with the heads of appropriate agencies. The Attorney General must approve the petition before a visa may be issued to the alien. Approval of the petition does not establish by itself that the alien is a nonimmigrant. (2) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the decision and the reasons for the denial and the way in which the petitioner may appeal the decision. (d) Employment in the Virgin Islands: The Attorney General may approve a petition filed for an alien described in subsection (a)(1) of this section for employment in the Virgin Islands only-- (1) if the alien is to be employed as an entertainer or athlete; and (2) for not more than 45 days. Sec. 2316. Aliens receiving training (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) has a residence in a foreign country that the alien has no intention of abandoning; and (B) is coming to the United States temporarily to receive training (except graduate medical education or training) in a training program that is not designed primarily to provide productive employment; or (2) is the spouse or child of an alien described in clause (1) of this section if accompanying or following to join the alien. (b) Employer Petitions: (1) An employer intending to bring to the United States an alien described in subsection (a)(1) of this section must file a petition with the Attorney General. The petition must be in the form and contain the information the Attorney General prescribes. Before approving a petition, the Attorney General shall consult with the heads of appropriate agencies. The Attorney General must approve the petition before a visa may be issued to the alien. Approval of the petition does not establish by itself that the alien is a nonimmigrant. (2) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the decision and the reasons for the denial and the way in which the petitioner may appeal the decision. Sec. 2317. Intra-company transferees (a) General: (1) An alien is classifiable as a nonimmigrant under this section if the alien-- (A) within 3 years before applying for admission, has been employed continuously for at least one year by a corporation or other legal entity or an affiliate or subsidiary of the entity and is coming to the United States temporarily to continue employment with the same employer or an affiliate or subsidiary of the entity-- (i) in an executive or managerial capacity; or (ii) that involves a specialized knowledge of the product of the entity, affiliate, or subsidiary and its application in international markets or an advanced level of knowledge of processes and procedures of the entity, affiliate, or subsidiary and the alien has that knowledge; or (B) is the spouse or child of an alien described in clause (A) of this paragraph if accompanying or following to join the alien. (2) The period of admission for an alien classified as a nonimmigrant under-- (A) paragraph (1)(A)(i) of this subsection may be not more than 7 years; and (B) paragraph (1)(A)(ii) of this subsection may be not more 5 years. (3) In applying paragraph (1) of this subsection, a partnership or similar organization organized outside the United States to provide accounting services is deemed to be an affiliate of a partnership organized in the United States to provide accounting services if-- (A) the partnership or similar organization organized outside the United States markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization owned and controlled by the member accounting firms of which the United States partnership is also a member; and (B) the United States partnership markets its accounting services under the same internationally recognized name under an agreement with the worldwide coordinating organization. (b) Employer Petitions: (1) An employer intending to bring to the United States an alien described in subsection (a)(1)(A) of this section must file a petition with the Attorney General. The petition must be in the form and contain the information the Attorney General prescribes. Before approving a petition, the Attorney General shall consult with the heads of appropriate agencies. The Attorney General must approve the petition before a visa may be issued to the alien. Approval of the petition does not establish by itself that the alien is a nonimmigrant. (2) The Attorney General shall establish a procedure under which an employer that meets the requirements the Attorney General prescribes may file a petition for more than one alien described in subsection (a)(1)(A) of this section instead of filing individual petitions under paragraph (1) of this subsection for those aliens. The procedure shall allow the expedited processing of visas for the entry of aliens under such a petition. (3) The Attorney General shall provide for a procedure for reviewing and acting on petitions filed under this subsection not later than 30 days after the date a completed petition is filed. (4) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the decision and the reasons for the denial and the way in which the petitioner may appeal the decision. (c) Intention To Abandon Residence in a Foreign Country: For purposes of obtaining a visa or acquiring or maintaining the status of a nonimmigrant classified under subsection (a)(1)(A) of this section, the fact that an alien is the beneficiary of an application for a preference status filed under subchapter I of chapter 43 of this title or otherwise has sought permanent residence in the United States is not evidence of an intention to abandon a residence in a foreign country if the alien has acquired a change of status under section 9109 of this title to a classification as such a nonimmigrant before the alien's most recent departure from the United States. Sec. 2318. Aliens with extraordinary ability or with distinction in the arts, motion pictures, or television (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A)(i) has extraordinary ability in the sciences, education, business, or athletics as demonstrated by sustained national or international acclaim; (ii) is distinguished in the arts as demonstrated by sustained national or international acclaim; or (iii) with regard to motion picture and television productions has demonstrated a record of extraordinary achievement and whose achievements have been recognized in the field through extensive documentation; and (B) is coming to the United States to continue work in that field of extraordinary ability, distinction, or extraordinary achievement; (2) has a residence in a foreign country that the alien has no intention of abandoning and-- (A) is coming to the United States temporarily and only to accompany and assist in the artistic or athletic performance for any specific event by an alien described in clause (1) of this subsection; (B) is an integral part of the actual performance; and (C)(i) has critical skills and experience with the alien described in clause (1) of this section that are not general in nature and that cannot be performed by other individuals; or (ii) for a motion picture or television production, has skills and experience with the alien described in clause (1) of this subsection that are not general in nature and are critical because of a longstanding working relationship or, for a specific production, because significant production (including pre-production and post-production work) will take place both inside and outside the United States and the continuing participation of the alien described in this clause is essential to the successful completion of the production; or (3) is the spouse or child of an alien described in clause (1) or (2) of this subsection if accompanying or following to join the alien. (b) Period of Admission: An alien classified as a nonimmigrant under this section may be admitted for the period the Attorney General specifies to provide for any event for which the nonimmigrant is admitted. (c) Employer Petitions: (1) An employer intending to bring to the United States an alien described in subsection (a)(1) or (2) of this section must file a petition with the Attorney General. The petition must be in the form and contain the information the Attorney General prescribes. Before approving a petition, the Attorney General shall consult with the heads of appropriate agencies. The Attorney General must approve the petition before a visa may be issued to the alien. Approval of the petition does not establish by itself that the alien is a nonimmigrant. (2) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the decision and the reasons for the denial and the way in which the petitioner may appeal the decision. (d) Consultation Requirements: The Attorney General may approve a petition under subsection (c) of this section only after the petitioner satisfies the consultation requirements of section 2352 of this title. Sec. 2319. Athletes and entertainers (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1) has a residence in a foreign country that the alien has no intention of abandoning who-- (A)(i) performs as an athlete, individually or as a member of a group or team, at an internationally recognized level of performance; and (ii) is coming to the United States temporarily and only to perform as an athlete for a specific athletic competition; (B)(i) performs with, or is an integral and essential part of the performance of, an entertainment group that, except as provided in section 2353(b)(1)(A) of this title, has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time; (ii) if a performer or entertainer, except as provided in section 2353(b)(1)(B) and (2) of this title, has had a sustained and substantial relationship with that group (ordinarily for at least one year) and performs functions integral to the performance of the group; and (iii) is coming to the United States temporarily and only to perform as such a performer or entertainer or as an integral and essential part of a performance; (C)(i) performs as an artist or entertainer, individually or as a member of a group, or is an integral part of the performance of that group; and (ii) is coming to the United States temporarily and only to perform as such an artist or entertainer or with that group under a reciprocal exchange program between an organization in the United States and an organization in a foreign country that provides for the temporary exchange of artists and entertainers; or (D)(i) performs as an artist or entertainer, individually or as a member of a group, or is an integral part of the performance of that group; and (ii) is coming to the United States temporarily and only to perform, teach, or coach as such an artist or entertainer or with that group under a commercial or non-commercial program that is culturally unique; or (2) is the spouse or child of an alien described in clause (1) of this section if accompanying or following to join the alien. (b) Period of Admission: (1) Except as provided in paragraph (2) of this subsection, an alien classified as a nonimmigrant under this section may be admitted for the period the Attorney General specifies in order to provide for any competition, event, or performance for which the nonimmigrant is admitted. (2) An alien classified as a nonimmigrant under this section and admitted as an individual athlete may be admitted for an initial period of not more than 5 years during which the nonimmigrant will perform as an athlete. The Attorney General may extend that period for an additional period of not more than 5 years. (c) Petitions: (1) Any person may file a petition with the Attorney General for an alien described in subsection (a) of this section. (2) An employer intending to bring to the United States an alien described in subsection (a)(1)(A) or (B) of this section must file a petition with the Attorney General. The petition filed under this paragraph must be in the form and contain the information the Attorney General prescribes. Before approving a petition, the Attorney General shall consult with the heads of appropriate agencies. The Attorney General must approve the petition before a visa may be issued to the alien. Approval of the petition does not establish by itself that the alien is a nonimmigrant. (3) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the decision and the reasons for the denial and the way in which the petitioner may appeal the decision. (d) Consultation Requirements: The Attorney General may approve a petition under subsection (c) of this section only after the petitioner satisfies the consultation requirements of section 2353 of this title. Sec. 2320. Participants in international exchange programs An alien is classifiable as a nonimmigrant under this section if the alien-- (1) has a residence in a foreign country that the alien has no intention of abandoning; (2) is coming to the United States for a period of not more than 15 months to participate in an international cultural exchange program approved by the Attorney General that provides practical training, employment, and the sharing of history, culture, and traditions of the foreign country of the alien's nationality; and (3) will be employed for the same wages and under the same working conditions as United States workers. Sec. 2321. Aliens in religious occupations An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) for the 2 years immediately before the alien's application for admission, has been a member of a religious denomination that has a bona fide nonprofit religious organization in the United States; and (B) is coming to the United States for a period of not more than 5 years to perform work described in section 134(a)(3)(A)(ii)(I), (II), or (III) of this title; or (2) is the spouse or child of an alien described in clause (1) of this section if accompanying or following to join the alien. Sec. 2322. Participants in cooperative research, development, and coproduction projects (a) General: On a reciprocal basis, an alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) has a residence in a foreign country that the alien has no intention of abandoning; and (B) is coming to the United States for not more than 10 years to provide services of an exceptional nature requiring merit and ability related to a cooperative research and development project or a coproduction project provided under a government-to-government agreement carried out by the Secretary of Defense; or (2) is the spouse or child of an alien described in clause (1) of this section if accompanying or following to join the alien. (b) Numerical Limitation: Not more than 100 aliens classified as nonimmigrants under this section may be admitted as, or given the status of, a nonimmigrant classified under this section at any time. Sec. 2323. Participants in special education programs (a) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) has a residence in a foreign country that the alien has no intention of abandoning; and (B) is coming to the United States for not more than 18 months to participate in a special education training program that provides practical training and experience in educating children with physical, mental, or emotional disabilities; or (2) is the spouse or child of an alien described in clause (1) of this section if accompanying or following to join the alien. (b) Numerical Limitation: Not more than 50 aliens classified as nonimmigrants under this section may be admitted as, or given the status of, a nonimmigrant classified under this section in a fiscal year. Sec. 2324. Relatives of special immigrants An alien is classifiable as a nonimmigrant under this section if the alien is-- (1) the parent of an alien who is a special immigrant as defined in section 134(a)(9) of this title, but only when the alien is a child; or (2) a child of-- (A) a parent described in clause (1) of this section; or (B) an alien who is a special immigrant as defined in section 134(a)(10) or (11) of this title. Sec. 2325. Registered nurses (a) Definition: In this section, `facility' includes an employer that employs registered nurses in a home setting. (b) General: An alien is classifiable as a nonimmigrant under this section if the alien-- (1)(A) is coming to the United States temporarily to perform services as a registered nurse; (B) has obtained a full and unrestricted license to practice professional nursing in the foreign country in which the alien obtained nursing education or has received nursing education in the United States or Canada; (C) has passed an appropriate examination (recognized in regulations prescribed in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; (D) is fully qualified and eligible under the laws (including temporary licensing requirements authorizing the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately on admission to the United States and is authorized under those laws to be employed by the facility; and (E) is one for whom the Secretary of Labor has certified to the Attorney General that each facility (including the petitioner under subsection (c)(1) of this section and each worksite, except a private household worksite, that is not the alien's employer or controlled by the employer) at which the alien will perform the services has an attestation on file and in effect under section 2902 of this title; or (2) is the spouse or child of an alien described in clause (1) of this subsection if accompanying or following to join the alien. (c) Employer Petitions: (1) An employer intending to bring to the United States an alien described in subsection (b)(1) of this section must file a petition with the Attorney General. The Attorney General may approve a petition filed under this section only if the petition is filed during the period from September 1, 1990, through August 31, 1995. The petition must be in the form and contain the information the Attorney General prescribes. Before approving a petition, the Attorney General shall consult with the heads of appropriate agencies. The Attorney General must approve the petition before a visa may be issued to the alien. Approval of a petition does not establish by itself that the alien is a nonimmigrant. (2) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the decision and the reasons for the denial and the way in which the petitioner may appeal the decision. (d) Period of Admission: An alien classified as a nonimmigrant under this section may be admitted for an initial period of not more than 3 years. The initial period may be extended for one or more periods, but the total period of admission may not be more than 5 years (or 6 years if the Attorney General decides there are extraordinary circumstances). (e) Intention To Abandon Residence in a Foreign Country: For purposes of obtaining a visa or acquiring or maintaining the status of a nonimmigrant classified under this section, the fact that an alien is the beneficiary of an application for a preference status filed under subchapter I of chapter 43 of this title or otherwise has sought permanent residence in the United States is not evidence of an intention to abandon a residence in a foreign country if the alien has acquired a change of status under section 9109 of this title to a classification as such a nonimmigrant before the alien's most recent departure from the United States. Sec. 2326. Aliens with information concerning criminal or terrorist organizations (a) General: An alien is classifiable as a nonimmigrant under this section if-- (1) the Attorney General decides that-- (A) the alien is in possession of critical reliable information concerning a criminal organization or enterprise; (B) the alien is willing to supply or has supplied that information to United States Government or State law enforcement authorities or a Federal or State court; and (C) the presence of the alien in the United States is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; (2) the Secretary of State and the Attorney General jointly decide that the alien-- (A) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; (B) is willing to supply or has supplied that information to Government law enforcement authorities or a Federal court; (C) will be or has been placed in danger as a result of providing that information; and (D) is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a)); or (3)(A) the alien is the spouse, son or daughter, or parent of an alien described in clause (1) or (2) of this subsection accompanying or following to join that alien; and (B) the Attorney General (with respect to an alien described in clause (1) of this subsection) or the Secretary and the Attorney General jointly (with respect to an alien described in clause (2) of this subsection) consider the nonimmigrant classification of the spouse, son or daughter, or parent appropriate. (b) Numerical and Time Limitations: (1) Not more than-- (A) 100 aliens may be provided a visa as a nonimmigrant classified under subsection (a)(1) of this section in a fiscal year; and (B) 25 aliens may be provided a visa as a nonimmigrant classified under subsection (a)(2) of this section in a fiscal year. (2) An alien classified as a nonimmigrant under subsection (a) (1) or (2) of this section may be admitted to the United States for not more than 3 years. The Attorney General may not extend the period of admission. (3) An alien classified as a nonimmigrant under subsection (a)(1) or (2) of this section may not be admitted to the United States after September 13, 1999. (c) Alien Requirements: As a condition of admission and continued stay in lawful status, an alien classified as a nonimmigrant under subsection (a)(1) or (2) of this section-- (1) shall report at least quarterly to the Attorney General information concerning the alien's whereabouts and activities the Attorney General requires; (2) may not be convicted, after the alien is admitted to the United States, of a criminal offense punishable by a term of imprisonment of at least one year; (3) must have executed a form waiving the alien's right to contest, other than on the basis of an application for withholding of deportation, any action for deportation of the alien begun before the alien obtains lawful permanent resident status; and (4) shall comply with any other condition, limitation, or restriction the Attorney General imposes. (d) Report by Attorney General: The Attorney General shall submit a report annually to the Committees on the Judiciary of the House of Representatives and the Senate on-- (1) the number of aliens classified as nonimmigrants under subsection (a)(1) or (2) of this section and admitted to the United States; (2) the number of successful criminal prosecutions or investigations resulting from the cooperation of those aliens; (3) the number of terrorist acts prevented or frustrated resulting from the cooperation of those aliens; (4) the number of aliens classified as nonimmigrants under subsection (a)(1) or (2) of this section and admitted to the United States whose admission or cooperation has not resulted in successful criminal prosecution or investigation or the prevention or frustration of a terrorist act; and (5) the number of aliens who have failed to report as required under subsection (c)(1) of this section or who have been convicted of crimes in the United States after the date of their admission as nonimmigrants classified under subsection (a)(1) or (2) of this section. SUBCHAPTER II--SPECIAL REQUIREMENTS Sec. 2351. Employer applications for aliens employed temporarily in specialty occupations or as fashion models (a) General: An alien may be admitted as, or provided the status of, a nonimmigrant classified under section 2313(a)(1) or (2) of this title only after the employer intending to employ the alien files an application with the Secretary of Labor stating the following: (1) The employer-- (A) during the period of authorized employment, is offering and will offer the nonimmigrant wages that, based on the best information available at the time the application is filed, are at least the greater of-- (i) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or (ii) the prevailing wage level of the occupational classification in the area of employment; and (B) will provide working conditions for the nonimmigrant that will not adversely affect the working conditions of workers similarly employed. (2) There is no strike or lockout during a labor dispute in the occupational classification at the place of employment. (3) At the time the application was filed, the employer-- (A) provided notice of the filing of an application under this subsection to the bargaining representative of the employer's employees in the occupational classification and area for which aliens are sought; or (B) if there is no bargaining representative, posted notice of the filing in conspicuous locations at the place of employment. (4) There is a specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed. (b) Public Availability of Applications and Application Lists: (1) Not later than one working day after the date on which an application under this subsection is filed, the employer shall make available for public examination at the employer's principal place of business or worksite a copy of each application filed under subsection (a) of this section and necessary accompanying documentation. (2) On a current basis and by employer and occupational classification, the Secretary shall compile a list of the applications filed. That list shall include the wage rate, number of aliens sought, period of intended employment, and the date of need. The Secretary shall make that list available for public examination in the District of Columbia. (c) Secretarial Review of Applications: The Secretary shall review an application only for completeness and obvious inaccuracies. Unless the Secretary finds that the application is incomplete or obviously inaccurate, the Secretary shall make the certification described in section 2313(a)(1)(C) or (2)(B) of this title not later than 7 days after the date the application is filed. (d) Failure To Meet Application Conditions and Misrepresentations: (1) The Secretary shall establish a procedure for receiving, investigating, and disposing of complaints about a petitioner's failure to meet a condition specified by an application submitted under subsection (a) of this section or a petitioner's misrepresentation of a material fact in that application. An aggrieved person (including a bargaining representative) may file a complaint under this subsection but the complaint must be filed not later than 12 months after the date of the failure or misrepresentation. The Secretary shall conduct an investigation as provided in this subsection if there is reasonable cause to believe that a failure or misrepresentation has occurred. (2) Not later than 30 days after the date a complaint is filed, the Secretary shall decide whether a reasonable basis exists to make a finding under paragraph (3) or (4) of this subsection. If the Secretary decides that a reasonable basis exists, the Secretary shall provide interested parties notice and an opportunity for a hearing under section 556 of title 5 about the complaint not later than 60 days after deciding that a reasonable basis exists. If a hearing is requested, the Secretary shall make a finding about the complaint not later than 60 days after the date of the hearing. The Secretary may consolidate hearings on similar complaints about the same applicant. (3) If the Secretary finds, after notice and an opportunity for a hearing under paragraph (2) of this subsection, that there has been a failure to meet a condition of subsection (a)(2) of this section, a substantial failure to meet a condition described in subsection (a)(3) or (4) of this section, a willful failure to meet a condition of subsection (a)(1) of this section, or misrepresentation of a material fact in an application-- (A) the Secretary shall notify the Attorney General of that finding and may impose administrative remedies the Secretary decides are appropriate, including a civil penalty of not more than $1,000 for each violation; and (B) the Attorney General may not approve a petition filed by the employer under any of sections 2313-2319 or 2325 of this title or subchapter I of chapter 43 for at least one year. (4) If the Secretary finds after notice and an opportunity for a hearing under paragraph (2) of this subsection that an employer has not paid wages at the wage level specified under the application and required under subsection (a)(1) of this section, the Secretary shall order the employer to provide back pay required to comply with subsection (a)(1) whether or not a penalty has been imposed under paragraph (3) of this subsection. Sec. 2352. Advisory opinions for aliens with extraordinary ability or with distinction in the arts, motion pictures, or television (a) General Requirements: (1) The Attorney General may approve a petition-- (A) for an alien described in section 2318(a)(1)(A)(i) or (ii) of this title, only after the petitioner consults with a peer group or other person (including a labor organization) the petitioner chooses with expertise in the specific field involved by submitting with the petition an advisory opinion from that group or person; (B) for an alien described in section 2318(a)(2)(A)-(C)(i) of this title, only after the petitioner consults with a labor organization with expertise in the area of the skills and experience involved by submitting with the petition an advisory opinion from that labor organization; or (C) for an alien described in section 2318(a)(1)(A)(iii) or (2)(C)(ii) of this title, after consulting with the appropriate labor organization representing the alien's occupational peers and a management organization in the area of the alien's ability. (2) An opinion by a labor organization or management organization about an alien referred to in paragraph (1)(C) of this subsection trying to enter the United States for a motion picture or television production is advisory only. An opinion recommending denial of an application for that alien must be in writing. In making a decision on the petition, the Attorney General shall consider the exigencies and scheduling of the production. The Attorney General shall attach any advisory opinion to that decision. (3)(A) If a petitioner does not submit an advisory opinion from an appropriate labor organization as required by paragraph (1)(A) or (B) of this subsection, the Attorney General shall forward a copy of the petition and supporting documents to the national office of an appropriate labor organization not later than 5 days after receiving the petition. If the employer's employees in the occupational classification for which the alien is being sought have a collective bargaining representative, that representative is the appropriate labor organization. (B) A person or labor organization receiving a copy of a petition as provided in subparagraph (A) of this paragraph has not more than 15 days after receiving the petition to submit a written advisory opinion or provide a letter stating that the person or organization has no objection. At the end of the 15-day period, the Attorney General shall give the petitioner an opportunity, when appropriate, to provide rebuttal evidence. The Attorney General shall act on the petition not later than 14 days after the end of the 15-day period, or if rebuttal evidence is provided, not later than 14 days after receiving that evidence. The Attorney General may shorten a time period under this paragraph for emergency reasons unless the shorter period is an unreasonable burden on a participant in the process. (4) If a petitioner referred to in paragraph (1)(A) or (B) of this subsection establishes that an appropriate peer group (including a labor organization) does not exist, the Attorney General shall act on the petition without requiring an advisory opinion. (5) The Attorney General shall prescribe regulations to establish expedited consultation procedures for nonimmigrant-- (A) artists and entertainers described in section 2318 of this title to accommodate the exigencies and scheduling of a given production or event; and (B) athletes described in section 2318(a)(1) of this title in the case of emergency circumstances, including trades during a season. (6) Consultation with a nongovernmental entity does not authorize the Attorney General to delegate authority under this subsection to a nongovernmental entity. The Attorney General shall give advisory opinions under this subsection the weight the Attorney General decides, in the Attorney General's sole discretion, is appropriate. (b) Waivers: The Attorney General shall prescribe regulations to provide for the waiver of the consultation requirement under subsection (a)(1)(A) of this section for an alien admitted as a nonimmigrant classified under section 2318(a)(1)(A)(ii) of this title because of distinction in the arts and who is trying to be readmitted to perform similar services within 2 years after the date of a consultation under subsection (a)(1)(A) of this section. Not later than 5 days after a waiver is provided, the Attorney General shall forward a copy of the petition and supporting documents to the national office of the appropriate labor organization. Sec. 2353. Advisory opinions for athletes and entertainers (a) General Requirements: (1) The Attorney General may approve a petition for an alien described in-- (A) section 2319(a)(1) (A), (B), or (D) of this title, only after the petitioner consults with a labor organization with expertise in the specific field of athletics or entertainment involved by submitting with the petition an advisory opinion from that labor organization; or (B) section 2319(a)(1)(C) of this title, only after consultation with labor organizations representing artists and entertainers in the United States. (2) If a petitioner does not submit an advisory opinion from an appropriate labor organization required by paragraph (1)(A) of this subsection, the Attorney General shall forward a copy of the petition and supporting documents to the national office of an appropriate labor organization not later than 5 days after receiving the petition. If the employer's employees in the occupational classification for which the alien is being sought have a collective bargaining representative, that representative is the appropriate labor organization. (3) A person or labor organization receiving a copy of a petition as provided in paragraph (2) of this subsection has not more than 15 days after receiving the petition to submit a written advisory opinion or provide a letter stating that the person or organization has no objection. At the end of the 15-day period, the Attorney General shall give the petitioner an opportunity, when appropriate, to provide rebuttal evidence. The Attorney General shall act on the petition not later than 14 days after the end of the 15-day period, or if rebuttal evidence is provided, not later than 14 days after receiving that evidence. The Attorney General may shorten a time period under this paragraph for emergency reasons unless the shorter period is an unreasonable burden on a participant in the process. (4) If a petitioner referred to in paragraph (1)(A) of this subsection establishes that an appropriate peer group (including a labor organization) does not exist, the Attorney General shall act on the petition without requiring an advisory opinion. (5) The Attorney General shall prescribe regulations to establish expedited consultation procedures for nonimmigrant-- (A) artists and entertainers under section 2319 of this title to accommodate the exigencies and scheduling of a given production or event; and (B) athletes described in section 2319(a)(1)(A) of this title in the case of emergency circumstances, including trades during a season. (6) Consultation with a nongovernmental entity does not authorize the Attorney General to delegate authority under this subsection to a nongovernmental entity. The Attorney General shall give advisory opinions under this subsection the weight the Attorney General decides, in the Attorney General's sole discretion, is appropriate. (b) Waivers and Nonapplication: (1) The Attorney General may waive-- (A) in consideration of special circumstances, the international recognition requirement of section 2319(a)(1)(B)(i) of this title for an entertainment group that is recognized nationally as being outstanding in its discipline for a sustained and substantial period of time; and (B) the one-year relationship requirement of section 2319(a)(1)(B)(ii) of this title for an alien who-- (i) replaces an essential member of the group, because of illness or unanticipated or exigent circumstances; or (ii) augments the group by performing a critical role. (2) The one-year relationship requirement of section 2319(a)(1)(B)(ii) of this title does not apply to 25 percent of the performers in a group. (3) The requirements of section 2319(a)(1)(B)(i) and (ii) of this title do not apply to an alien who performs as part of a circus or circus group or who is an integral and essential part of the performance of that circus or group, but only if the alien is coming to 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. CHAPTER 25--TEMPORARY AGRICULTURAL WORKERS Sec. 2501. Definitions. 2502. Certification requirements. 2503. Applications for certification. 2504. Conditions for issuing certifications. 2505. Associations of agricultural producers. 2506. Housing. 2507. Expedited administrative review. 2508. Disqualification of aliens for violating conditions of prior admission. 2509. Enforcement authority of the Secretary of Labor. 2510. Endorsement of entry and exit documentation. 2511. Preemption of State and local law. 2512. Biennial reports. 2513. Approval of regulations. 2514. Authorization of appropriations. Sec. 2501. Definitions In this chapter-- (1) `temporary agricultural worker' means a nonimmigrant classified under section 2314 of this title. (2) `United States worker' means an individual who is not an unauthorized alien (as defined in section 11101 of this title) with respect to particular employment. Sec. 2502. Certification requirements (a) Requirements: Before the Attorney General approves a petition filed under section 2314 of this title by a prospective employer of an alien to be employed as a temporary agricultural worker, the employer must apply to the Secretary of Labor for a certification that-- (1) there are not sufficient United States workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services described in the petition; and (2) employment of the alien to provide the labor or services will not affect adversely the wages and working conditions of United States workers similarly employed. (b) Regulations: The Secretary shall maintain regulations based on the findings the Secretary was required to make under section 218(c)(3)(B)(iii) of the Immigration and Nationality Act (ch. 477, 66 Stat. 163) after considering the findings of the report mandated by section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986 (Public Law 99-603, 100 Stat. 3441) as well as other relevant materials, including evidence of benefits to United States workers and costs to employers, addressing the advisability of continuing a policy which requires an employer, as a condition for certification under this section, to continue to accept qualified, eligible United States workers for employment after the date temporary agricultural workers depart for work with the employer. Sec. 2503. Applications for certification (a) Deadline for Filing: The Secretary of Labor may not require that an application for a certification under section 2502 of this title be filed more than 60 days before the first date the employer requires the labor or services of a temporary agricultural worker. (b) Notice of Deficiencies: If an application does not meet the conditions for issuing a certification (except the conditions specified by section 2502(a)(1) of this title), the Secretary shall-- (1) notify the employer in writing not later than 7 days after the application is filed, giving the reasons the application does not meet the conditions; and (2) allow the employer to submit promptly an amended application. (c) Fee: The Secretary may prescribe by regulation a fee to cover the reasonable costs of processing an application for certification. Sec. 2504. Conditions for issuing certifications Not later than 20 days before the labor or services of a temporary agricultural worker are first required, the Secretary of Labor shall issue a certification under section 2502 of this title if the following conditions are met: (1) The conditions specified by section 2502(a) of this title are met. (2) The employer has complied with the requirements for certification, including requirements the Secretary prescribes for recruiting United States workers. (3) The Secretary concludes that the employer has made positive recruitment efforts within a multi-State region of traditional or expected labor supply in which the Secretary finds there are a significant number of qualified United States workers who, if recruited, would be willing to work at the time and place needed. Positive recruitment under this paragraph is in addition to, and shall be conducted within the same time period as, the circulation of the employer's job offer through the interstate employment service system. The requirement to engage in positive recruitment ends on the date the temporary agricultural workers depart for the employer's place of employment. (4) The employer does not have, or has not been provided with referrals of, qualified United States workers who have indicated their availability to perform the labor or services on the terms of a job offer meeting the Secretary's requirements. In considering whether a specific qualification in a job offer is appropriate, the Secretary shall apply the normal and accepted qualifications required by employers not employing temporary agricultural workers in the same or comparable occupations and crops. (5) The employer has provided the Secretary with satisfactory assurances that if the employment for which the certification is sought is not covered by a State workers' compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and during the worker's employment that will provide benefits at least equal to those provided under the State workers' compensation law for comparable employment. (6) There is no strike or lockout during a labor dispute that, under regulations prescribed by the Secretary, precludes the certification. (7) The employer employed temporary agricultural workers during the prior 2 years, and the Secretary, after notice and an opportunity for a hearing, has not found that the employer during that period substantially violated a material condition of the certification related to the employment of nonimmigrant or United States workers. The Secretary may decide not to approve a certification for not more than 3 years for an employer who commits a violation described in this paragraph. Sec. 2505. Associations of agricultural producers (a) Permitted Filings: An association of agricultural producers using agricultural services may file-- (1) a petition under section 2314(b) of this title for an alien to be employed as a temporary agricultural worker; and (2) an application for a certification under section 2502 of this title. (b) Associations Acting as Employers: If an association referred to in subsection (a) of this section is the joint or sole employer of a temporary agricultural worker, a certification issued under section 2502 of this title to the association may be used for the certified job opportunities of any of the members of the association. The worker may be transferred among the members to perform agricultural services of a temporary or seasonal nature for which the certification was issued. (c) Effect of Violations: (1) If a member of an association that is a joint employer of a temporary agricultural worker is found to have committed a violation that results in the Secretary of Labor deciding not to approve a certification of the member because the condition under section 2504(7) of this title has not been met, the decision applies only to that member unless the Secretary decides that the association or another member participated in, or knew or had reason to know of, the violation. (2) If an association that is a joint employer is found to have committed a violation that results in the Secretary deciding not to approve a certification of the association because the condition under section 2504(7) of this title has not been met, the decision applies only to the association unless the Secretary decides that a member participated in, or knew or had reason to know of, the violation. (3) If an association, certified as the sole employer of a temporary agricultural worker, is found to have committed a violation that results in the Secretary deciding not to approve a certification of the association because the condition under section 2504(7) of this title has not been met, a member of the association, during the period the decision is in effect, may not be the beneficiary of the services of temporary agricultural workers in the commodity and occupation in which the worker was employed by the association whose certification was not approved, unless the member employs the workers in the commodity and occupation directly or through an association that is a joint employer of the workers with the member. Sec. 2506. Housing (a) Requirement: An employer shall provide housing for temporary agricultural workers as provided by regulations prescribed by the Secretary of Labor. (b) Regulations: (1) Regulations prescribed under this section shall allow the employer, at the employer's option, to provide housing meeting applicable standards of the United States Government for temporary labor camps or to secure housing that meets applicable local standards for rental or public accommodations or other substantially similar class of habitation. In the absence of applicable local standards, State standards for those accommodations or that class of habitation shall apply. In the absence of applicable local and State standards, standards of the Government for temporary labor camps shall apply. (2) The regulations shall include specific requirements about housing for employees principally engaged in the range production of livestock. (3) When the prevailing practice in the area and occupation of intended employment is to provide family housing, the employer shall provide family housing to workers with families requesting it. (c) Exception: This section does not require an employer to provide housing for workers not entitled to it under the temporary labor certification regulations in effect on June 1, 1986. Sec. 2507. Expedited administrative review (a) Procedure for Expedited Review: Regulations prescribed by the Secretary of Labor under this chapter shall provide for an expedited procedure for a review of a decision of the Secretary not to approve or to revoke a certification or, at the applicant's request, a new hearing on the decision. (b) Decisions on Availability of United States Workers: (1) The Secretary shall make a new decision about an application for certification under section 2502 of this title expeditiously, but not later than 72 hours after the time the new decision is requested, if the certification originally was not approved in any part because of the availability of able, willing, and qualified United States workers and they are not available at the time the labor or services are needed. (2) An employer asserting that a United States worker referred to the employer is not able, willing, or qualified has the burden of proving that the worker is not able, willing, or qualified because of employment-related reasons. Sec. 2508. Disqualification of aliens for violating conditions of prior admission An alien may not be admitted to the United States as a temporary agricultural worker if, during the prior 5 years, the alien was admitted as a temporary agricultural worker and violated a term of that admission. Sec. 2509. Enforcement authority of the Secretary of Labor The Secretary of Labor may take actions necessary to ensure that employers comply with the terms of employment under this chapter, including-- (1) imposing appropriate penalties; and (2) seeking appropriate equitable relief, including specific performance of contractual obligations. Sec. 2510. Endorsement of entry and exit documentation The Attorney General shall provide for the endorsement of entry and exit documentation of temporary agricultural workers necessary to carry out this chapter and to provide notice under chapter 111 of this title. Sec. 2511. Preemption of State and local law This chapter and sections 2101 and 2314 of this title preempt State and local law regulating the admissibility of nonimmigrant workers. Sec. 2512. Biennial reports (a) Reporting Requirement: Not later than November 6 of each even-numbered year, the President shall submit a report on the temporary agricultural worker program under this chapter to the Committees on the Judiciary of the Senate and the House of Representatives. The report shall include-- (1) the number of temporary agricultural workers permitted to be employed under the program in each year; (2) the compliance of employers and temporary agricultural workers with the terms of the program; (3) the impact of the program on the labor needs of United States agricultural employers and on the wages and working conditions of United States agricultural workers; and (4) recommendations for changing the program, including-- (A) improving the timeliness of decisions about the admission of temporary agricultural workers under the program; (B) removing any economic disincentive to hiring United States workers for jobs for which temporary agricultural workers have been requested; (C) improving cooperation among government agencies, employers, employer associations, workers, unions, and other worker associations to end the dependence of any industry on a constant supply of temporary agricultural workers; and (D) the relative benefits to United States workers and burdens on employers of the policy of requiring employers, as a condition for certification under the program, to continue to accept qualified United States workers for employment after the date the temporary agricultural workers depart for work with the employer. (b) Recommendations Consistent With Policy: The recommendations under subsection (a)(4)(D) of this section shall be made in furtherance of the policy that aliens be admitted as temporary agricultural workers only if the conditions specified by section 2502(a) of this title are satisfied. Sec. 2513. Approval of regulations In consultation with the Secretaries of Labor and Agriculture, the Attorney General shall approve all regulations prescribed under this chapter and section 2314 of this title. Sec. 2514. Authorization of appropriations (a) General Authorizations: Necessary amounts may be appropriated each fiscal year to-- (1) the Secretary of Labor to make findings and issue certifications under this chapter and section 4104(g)(2) of this title; and (2) the Secretary of Agriculture to carry out the Secretary's duties and powers under section 2314 of this title related to this chapter. (b) Specific Authorizations: Not more than $10,000,000 may be appropriated each fiscal year-- (1) to recruit United States workers for temporary labor and services that otherwise might be performed by temporary agricultural workers; and (2) to monitor the terms under which temporary agricultural workers and United States workers employed by the same employer are employed in the United States. CHAPTER 27--ALIEN CREWMEMBERS SUBCHAPTER I--GENERAL Sec. 2701. Providing lists. 2702. Reports on unlawful landings. 2703. Conditional permits to land temporarily. 2704. Control of alien crewmembers. 2705. Alien crewmembers afflicted with certain disabilities and diseases. 2706. Discharging alien crewmembers. SUBCHAPTER II--LONGSHORE WORK 2721. Definition and application. 2722. General. 2723. Prevailing practice. 2724. Reciprocity. 2725. Longshore work in Alaska. SUBCHAPTER I--GENERAL Sec. 2701. Providing lists (a) On Arrival: Except as provided in subsection (c) of this section, when a vessel or aircraft arrives in the United States from a place outside the United States, the owner, agent, master, commanding officer, or consignee of the vessel or aircraft shall give an immigration officer at the port of arrival a list containing-- (1)(A) the name and position of each alien crewmember on the vessel or aircraft; (B) information on when and where each alien crewmember was shipped or employed; and (C) the name of each alien crewmember who is to be paid off or discharged in the port of arrival; or (2) information the Attorney General prescribes by regulation. (b) On Departure: Except as provided in subsection (c) of this section, before a vessel or aircraft departs from a port in the United States, the owner, agent, master, commanding officer, or consignee of the vessel or aircraft shall give an immigration officer at the port a list containing-- (1) the name of each alien crewmember-- (A) not employed on the vessel or aircraft when it arrived but who is leaving on the vessel or aircraft; (B) paid off or discharged at the port; or (C) who deserted or landed at the port; or (2) information the Attorney General prescribes by regulation. (c) Exception: The Attorney General shall prescribe when a list under this section shall be given for a vessel operating only on the Great Lakes, the Saint Lawrence River, and a connecting waterway. (d) Regulations on Arrival and Departure: The Attorney General may prescribe by regulation when a vessel or aircraft is deemed under this chapter to be arriving in, or departing from, the United States or a port of the United States. Sec. 2702. Reports on unlawful landings As soon as it is discovered that an alien crewmember has landed unlawfully in the United States from a vessel or aircraft, the owner, agent, master, commanding officer, or consignee of the vessel or aircraft shall-- (1) report the unlawful landing in writing to an immigration officer; and (2) give the immigration officer a description of the crewmember and information likely to lead to taking the crewmember into custody. Sec. 2703. Conditional permits to land temporarily (a) General Requirement: An alien crewmember may land temporarily in the United States only as provided under this section or section 2705(b), 6122, or 6123 of this title. (b) Authority To Issue Permits: Under regulations the Attorney General prescribes, an immigration officer may issue an alien crewmember a conditional permit to land temporarily in the United States if the officer finds, after inspection, that the crewmember-- (1) is a nonimmigrant classified under section 2305 of this title; (2) otherwise is admissible; and (3) has agreed to accept the permit. (c) Period of Validity: A permit issued under subsection (b) of this section is valid for not more than-- (1) the period (but not more than 29 days) that the vessel or aircraft on which the alien crewmember arrived remains in port if the immigration officer is satisfied the crewmember intends to leave on that vessel or aircraft; or (2) 29 days if the immigration officer is satisfied the crewmember intends to leave on another vessel or aircraft within the period for which the crewmember is allowed to land. (d) Revocation: (1) If an alien is issued a permit for a period under subsection (c)(1) of this section, and an immigration officer then decides the alien is not a crewmember or does not intend to leave on the vessel or aircraft on which the alien arrived, the immigration officer, under regulations prescribed by the Attorney General, may-- (A) revoke the permit; (B) take the alien into custody; and (C) if practicable, require the master or commanding officer of the vessel or aircraft on which the alien arrived to detain the alien on the vessel or aircraft. (2) The owner of the vessel or aircraft on which an alien, detained under paragraph (1)(C) of this subsection, arrived in the United States shall pay the costs of detaining and deporting the alien. (3) An alien detained under paragraph (1)(C) of this subsection is not entitled to a deportation proceeding under section 6532 of this title. Sec. 2704. Control of alien crewmembers (a) Detention and Deportation: The owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft arriving in the United States from a place outside the United States shall-- (1) detain an alien crewmember on the vessel, or, at the expense of the aircraft owner, detain an alien crewmember of an aircraft at a place an immigration officer designates, until-- (A) an immigration officer inspects, and a medical officer examines, the alien crewmember; and (B) the alien crewmember is-- (i) issued a conditional permit to land temporarily under section 2703(b) of this title; or (ii) allowed to land temporarily under section 2705(b) or 6123 of this title for medical or hospital treatment; and (2) deport an alien crewmember if required by an immigration officer, whether before or after the crewmember is allowed to land temporarily under section 2703(b), 2705(b), or 6123 of this title. (b) Proof of Failure To Detain or Deport: Except as the Attorney General prescribes by regulation, proof that the name of an alien crewmember is not on the outgoing manifest of the vessel or aircraft on which the crewmember arrived in the United States from a place outside the United States, or that the master or commanding officer of the vessel or aircraft reported the crewmember as a deserter, is prima facie evidence of the failure to detain or deport the crewmember. (c) Deportation on Another Vessel or Aircraft: (1) If the Attorney General finds that deporting an alien crewmember under this section on the vessel or aircraft on which the crewmember arrived is impracticable or will cause unreasonable hardship to the crewmember, the Attorney General may require the crewmember to be deported from any port on another vessel or aircraft of the same owner unless the Attorney General finds deportation on such a vessel or aircraft to be impracticable. The owner of the vessel or aircraft on which the crewmember arrived shall pay the costs of deporting the crewmember as required by this subsection, including the costs of transferring the crewmember within the United States under conditions the Attorney General prescribes. The vessel or aircraft may be cleared only after the costs are paid or the Attorney General is satisfied that payment is guaranteed. (2) A transfer under this subsection is not a landing under this title. Sec. 2705. Alien crewmembers afflicted with certain disabilities and diseases (a) Employment Prohibitions: An alien crewmember afflicted with feeble-mindedness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous contagious disease may not be employed on a vessel or aircraft carrying passengers when the vessel or aircraft arrives in the United States from a place outside the United States. (b) Hospitalization and Observation: An alien crewmember found on arrival at a port in the United States to be afflicted with feeble-mindedness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous contagious disease shall be treated in a hospital designated by the immigration officer in charge of the port. An alien crewmember suspected of being afflicted may be removed from the vessel or aircraft on which the alien crewmember arrived to an appropriate place for observation to enable an examining medical officer to decide whether the crewmember is afflicted. (c) Payment of Costs: The owner, agent, master, commanding officer, or consignee of the vessel or aircraft on which the alien crewmember arrived shall pay all costs incurred under subsection (b) of this section, including burial if the crewmember dies. The costs may not be deducted from the wages of the crewmember. The vessel or aircraft may be cleared only after the costs are paid or payment is guaranteed and the Secretary of the Treasury is notified by the immigration officer in charge of the port. (d) Returning an Incurable Crewmember: When the immigration officer in charge of the port is satisfied that a crewmember hospitalized under subsection (b) of this section cannot be cured within a reasonable time, the owner of the vessel or aircraft on which the crewmember arrived shall return the crewmember or pay the costs of returning the crewmember under conditions the Attorney General prescribes to ensure that the crewmember is cared for properly and the spread of contagious disease is prevented. Sec. 2706. Discharging alien crewmembers A person may pay off or discharge an alien crewmember (except a crewmember lawfully admitted for permanent residence) employed on a vessel or aircraft arriving in the United States only with the consent of the Attorney General. SUBCHAPTER II--LONGSHORE WORK Sec. 2721. Definition and application (a) Definition: In this subchapter, `longshore work'-- (1) means an activity in the United States or the coastal waters of the United States related to-- (A) loading or unloading cargo of a vessel, whether or not integral to the vessel; (B) operating cargo-related equipment; and (C) handling mooring lines on the dock when the vessel is made fast or let go; but (2) does not include loading or unloading cargo for which the Secretary of Transportation has prescribed regulations under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), chapter 37 of title 46, section 5103(b), 5104, 5106, 5107, or 5110 of title 49, or section 4106 of the Oil Pollution Act of 1990 (Public Law 101-380, 104 Stat. 513) on-- (A) handling or stowing that cargo; (B) manning, and the duties, qualifications, and training of the officers and crewmembers of, vessels transporting that cargo; and (C) reducing or eliminating discharge during ballasting, tank cleaning, or handling of that cargo. (b) Application: This subchapter and section 10118 of this title do not affect-- (1) the meaning or scope of longshore work under another provision of law, a collective bargaining agreement, or an international agreement; or (2) the performance of longshore work by nationals of the United States. Sec. 2722. General An alien crewmember may perform longshore work only as provided in section 2723, 2724, or 2725 of this title. Sec. 2723. Prevailing practice (a) General: (1) An alien crewmember performing a particular activity of longshore work in or around a port is serving in a capacity required for normal operation and service on a vessel under section 2305(a) of this title if-- (A) each collective bargaining agreement for that port covering at least 30 percent of the employees performing longshore work allows that activity to be performed by alien crewmembers; or (B)(i) there is no collective bargaining agreement for the port covering at least 30 percent of the employees performing longshore work; and (ii) except as provided in paragraph (2) of this subsection, an employer of the alien crewmember or the employer's designated representative files an attestation described in subsection (b)(1) of this section with the Secretary of Labor at least 14 days before the date the activity will be performed or, if necessary because of an unanticipated emergency, not later than the date the activity will be performed. (2) An employer must file an attestation under paragraph (1)(B)(ii) of this subsection for a particular activity of longshore work involving the use of an automated self-loading conveyor belt or vacuum-actuated system on a vessel only if the Secretary finds under subsection (f)(2) of this section that the activity is not an activity described in subsection (b)(1)(A) of this section. (b) Attestation Requirements: (1) The attestation filed with the Secretary under subsection (a) of this section shall provide evidence that-- (A) the performance of the particular activity of longshore work by an alien crewmember is allowed under the prevailing practice at the port at the time of the filing and that the alien crewmember is not being employed for that activity-- (i) during a strike or lockout in a labor dispute; or (ii) to influence an election of a bargaining representative for employees in the port; and (B) the owner, agent, master, commanding officer, or consignee has given notice of the attestation-- (i) to the bargaining representative of longshore workers at the port; or (ii) if there is no bargaining representative, to the longshore workers employed at the port. (2) An attestation-- (A) expires at the end of the one-year period beginning on the date it is filed under subsection (a) of this section; and (B) applies to alien crewmembers arriving in the United States during that period if the owner, agent, master, commanding officer, or consignee states in each list provided under section 2701 of this title that the employer continues to comply with the conditions in the attestation. (3) An owner, agent, master, commanding officer, or consignee may provide a single list under section 2701 of this title to meet the requirements of paragraph (2)(B) of this subsection for more than one alien crewmember. (c) Public Information: The Secretary shall compile and make available for public examination in a timely way in the District of Columbia-- (1) information identifying each owner, agent, master, commanding officer, and consignee that has filed a list under section 2701 of this title for an alien crewmember classified as a nonimmigrant under section 2305(a) of this title for whom an attestation under subsection (a) of this section or section 2725(b) of this title is filed; and (2) for each employer a copy of-- (A) the attestation and accompanying documentation; and (B) each list filed for the employer under section 2701 of this title and described in clause (1) of this subsection. (d) Complaints: (1) Any aggrieved person, including a bargaining representative, association the Secretary decides is appropriate, or other aggrieved person as provided under regulations of the Secretary, may file a complaint-- (A) about an employer's failure to meet conditions stated in an attestation filed under subsection (a) of this section; (B) about an employer's misrepresentation of a material fact in the attestation; or (C) for longshore work described in subsection (a)(2) of this section, that the particular activity of longshore work is not an activity described in subsection (b)(1)(A) of this section. (2) The Secretary shall establish a procedure for receiving, investigating, and disposing of complaints filed under this subsection. The Secretary shall conduct an investigation under this subsection promptly if there is reasonable cause to believe the allegations of the complaint. (3)(A) If the Secretary decides that reasonable cause exists to conduct an investigation about a complaint filed under paragraph (1)(A) or (B) of this subsection, the person making the complaint may request that the employer stop, during the hearing procedure under subsection (e) of this section, the particular activity of longshore work attested to by the employer. The employer shall be notified of the request and shall respond not later than 14 days after receiving the notice. (B) If the Secretary makes an initial decision that the complaint is supported by a preponderance of the evidence submitted, the Secretary immediately shall require that the employer stop that activity until after the hearing procedure under subsection (e) of this section. (4)(A) If the Secretary decides that reasonable cause exists to conduct an investigation about a complaint under paragraph (1)(C) of this subsection, the person making the complaint may request that the employer stop, during the hearing procedure under subsection (e) of this section, the particular activity of longshore work involved in the complaint unless the employer files an attestation with the Secretary under subsection (a) of this section. The employer shall be notified of the request and shall respond not later than 14 days after receiving the notice. (B) If the Secretary makes an initial decision that the complaint is supported by a preponderance of the evidence submitted, the Secretary immediately shall require that the employer stop that activity until after the hearing procedure under subsection (e) of this section, unless the employer files an attestation under subsection (a) of this section. (e) Proceedings: Not later than 180 days after a complaint is filed under subsection (d) of this section, or later for good cause shown, the Secretary shall decide whether a basis exists to make a finding described in subsection (f) of this section. The Secretary shall give interested persons notice of that decision and an opportunity for a hearing on the complaint not later than 60 days after making the decision. (f) Findings: (1)(A) If, after notice and an opportunity for a hearing under subsection (e) of this section, the Secretary finds that an employer has failed to meet a condition, or has misrepresented a material fact, in an attestation filed under subsection (a) of this section, the Secretary-- (i) shall notify the Attorney General of the finding; and (ii) may impose other administrative remedies, including a civil penalty under section 10118 of this title, the Secretary decides are appropriate. (B) When the Attorney General receives notice under this paragraph, the Attorney General shall deny any vessel owned or chartered by the employer entry to a port of the United States for not more than one year. (2) For longshore work described in subsection (a)(2) of this section, if the Secretary finds, after notice and an opportunity for a hearing under subsection (e) of this section and based on a preponderance of the evidence submitted by any interested person, that the particular activity of longshore work is not an activity described in subsection (b)(1)(A) of this section-- (A) the Secretary shall notify the Attorney General of the finding; and (B) the employer shall file an attestation under subsection (a) of this section for that activity. (3) When the Secretary finds that an alien crewmember is not allowed to perform a particular activity of longshore work under the prevailing practice at a port, another attestation under subsection (a) of this section about that activity in that port may not be filed for one year. (g) Longshore Work in Alaska: Except as provided in section 2725(c) of this title, this section does not apply to longshore work performed in Alaska. Sec. 2724. Reciprocity (a) Definition: In this section, `practice' means an activity normally performed in a foreign country during the one-year period before a vessel arrives in the United States or the coastal waters of the United States. (b) General: (1) An alien crewmember performing a particular activity of longshore work in or about a port is serving in a capacity required for normal operation and service on a vessel under section 2305(a) of this title, and the Attorney General shall allow an alien crewmember on a vessel to perform a particular activity of longshore work, if-- (A) that vessel is registered in a foreign country that by law, regulation, or practice does not prohibit that activity by crewmembers on United States vessels; and (B) nationals of a foreign country that, by law, regulation, or practice does not prohibit that activity by crewmembers on United States vessels, hold a majority ownership interest in that vessel. (2) The Secretary of State shall compile and annually maintain, under section 553 of title 5, a list, by particular activity of longshore work, of foreign countries in which crewmembers on United States vessels are prohibited by law, regulation, or practice from performing a particular activity of longshore work. Sec. 2725. Longshore work in Alaska (a) Definitions: In this section-- (1) `contract stevedoring companies' means those stevedoring companies licensed to do business in Alaska that meet the requirements of section 32 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932). (2) `employer' includes any agent or representative designated by the employer. (b) General: (1) An alien crewmember performing a particular activity of longshore work at a particular location in Alaska is serving in a capacity required for normal operation and service on a vessel under section 2305(a) of this title if an employer of the alien crewmember files an attestation with the Secretary of Labor at least 30 days before the date the activity will be performed or at least 24 hours before the activity will be performed if the employer shows that the employer reasonably could not have anticipated the need to file an attestation for that location at that time. (2) The attestation filed under paragraph (1) of this subsection shall provide evidence that-- (A) the employer will request from the parties to whom notice has been given under clause (D)(ii) and (iii) of this paragraph United States longshore workers who, under industry standards in Alaska, including safety considerations, are qualified and available in sufficient numbers to perform the activity at the particular time and location, except that-- (i) when 2 or more contract stevedoring companies have signed a joint collective bargaining agreement with a single labor organization described in clause (D)(i) of this paragraph, the employer may request longshore workers from only one of those companies; and (ii) a request to a private dock operator for longshore workers may be made only for longshore work to be performed at that dock and only if the operator meets the requirements of section 32 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932); (B) the employer will employ all those United States longshore workers made available under clause (A) of this paragraph who, under industry standards in Alaska, including safety considerations, are qualified and available in sufficient numbers and who are needed to perform the longshore activity at the particular time and location; (C) using alien crewmembers for that activity is not intended or designed to influence an election of a bargaining representative for workers in Alaska; and (D) the employer has given notice of the attestation-- (i) to labor organizations recognized as exclusive bargaining representatives of United States longshore workers within the meaning of the National Labor Relations Act (29 U.S.C. 151 et seq.) and that make, or intend to make, workers available at the particular location where the longshore work is to be performed; (ii) to contract stevedoring companies that employ or intend to employ United States longshore workers at the location; and (iii) to operators of private docks at which the employer will use longshore workers. (3)(A) During the period that an attestation an employer files under paragraph (1) of this subsection is valid, the employer must request and employ United States longshore workers as provided under paragraph (2) before using alien crewmembers to perform the activity specified in the attestation. However, an employer is not required to request United States longshore workers from a person who has given the employer written notice that the person does not intend to make United States longshore workers available at the particular location where the longshore work is to be performed. (B) If a person that provided notice under subparagraph (A) of this paragraph later gives the employer written notice that the person is prepared to make available United States longshore workers who, under industry standards in Alaska, including safety considerations, are qualified and available in sufficient numbers to perform the longshore activity at the particular location where the longshore work is to be performed, the obligation of the employer to that person under paragraph (2)(A) and (B) of this subsection begins 60 days after the date the notice was given under this clause. (4)(A) An employer filing an attestation under paragraph (1) of this subsection is not required-- (i) to hire less than a full work unit of United States longshore workers needed to perform the longshore activity; (ii) to provide overnight accommodations for the longshore workers while employed; or (iii) to provide transportation to the particular location where the longshore activity will be performed, except where-- (I) surface transportation is available; (II) that transportation may be accomplished safely; (III) travel time to the vessel is not more than one-half hour each way; and (IV) travel distance to the vessel from the point of embarkation is not more than 5 miles. (B) In the case of Wide Bay, Alaska, and Klawock/Craig, Alaska, the travel time and distance described in clause (A)(iii) of this paragraph are extended to 45 minutes and 7.5 miles, respectively, unless the person responding to the request for longshore workers agrees to the lesser time and distance limitations described in clause (A)(iii). (5) Except as provided in section 2723(c)-(e) of this title, an attestation filed under paragraph (1) of this subsection-- (A) expires at the end of the one-year period beginning on the date specified in the attestation that the employer anticipates the longshore work will begin; and (B) applies to alien crewmembers arriving in the United States during that period if the owner, agent, master, commanding officer, or consignee states in each list provided under section 2701 of this title that the employer continues to comply with the conditions in the attestation. (c) Application of Section 2723: (1) Except as provided in paragraph (2) of this subsection, section 2723(b)(3)-(f)(2) of this title applies to an attestation filed under subsection (b)(1) of this section. (2) Section 2723 of this title applies to the use of alien crewmembers to perform longshore work in Alaska involving the use of an automated self-loading conveyor belt or vacuum-actuated system on a vessel. (d) Regulations: The Secretary shall prescribe regulations necessary to carry out this section. CHAPTER 29--FACILITIES EMPLOYING REGISTERED NURSES 2901. Definition. 2902. Attestation requirements. 2903. State plans. 2904. Public availability of information. 2905. Complaints, investigations, and penalties. Sec. 2901. Definition In this chapter, `facility' includes an employer that employs registered nurses in a home setting. Sec. 2902. Attestation requirements (a) General: Except as provided in subsection (b) of this section, a facility seeking to employ a nonimmigrant registered nurse under section 2325 of this title must file with the Secretary of Labor an attestation stating the following: (1) A substantial disruption in the delivery of health care services of the facility would occur through no fault of the facility without the services of a nonimmigrant registered nurse. (2) Employment of a nonimmigrant registered nurse will not adversely affect the wages and working conditions of other registered nurses similarly employed. (3) A nonimmigrant registered nurse employed by the facility will be paid at the wage rate paid for other registered nurses similarly employed by the facility. (4) The facility-- (A) has taken and is taking timely and significant steps to recruit and retain sufficient registered nurses who are citizens of the United States or immigrants authorized to perform nursing services, to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses; or (B) is subject to a State plan for the recruitment and retention of nurses approved under section 2903 of this title. (5) There is no strike or lockout in the course of a labor dispute, and the employment of nonimmigrant registered nurses is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. (6) At the time of filing the petition under section 2325(c) of this title, the facility has given notice of the filing to the bargaining representative of the registered nurses employed by the facility or, if there is no bargaining representative, to the registered nurses employed by the facility by posting the notice in conspicuous locations. (b) Waivers: For a nonimmigrant registered nurse performing services at a worksite (except at the employer's worksite or at a worksite controlled by the employer) and for whom the employer has filed an attestation under subsection (a) of this section, the Secretary may waive the requirement to file an attestation for the worksite as may be appropriate-- (1) to avoid duplicative attestations; (2) in temporary, emergency situations; (3) for information the attestor does not know; or (4) for other good cause. (c) Fault if Facility Has Laid Off Nurses: A facility does not meet subsection (a)(1) of this section if the facility has laid off registered nurses within the prior year. However, a facility that lays off a registered nurse (except a staff nurse) meets subsection (a)(1) if the facility has attested that it will not replace the nurse with a nonimmigrant registered nurse described in section 2325(b) of this section (either through promotion or otherwise) for one year after the date of the layoff. (d) Significant Steps To Recruit and Retain Nurses: (1) Each of the following is a significant step reasonably designed to recruit and retain registered nurses meeting the requirement of subsection (a)(4)(A) of this section: (A) operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere. (B) providing career development programs and other methods of facilitating health care workers to become registered nurses. (C) paying registered nurses at a rate higher than that currently being paid to registered nurses similarly employed in the geographic area. (D) providing adequate support services to free registered nurses from administrative and other non-nursing duties. (E) providing reasonable opportunities for meaningful salary advancement by registered nurses. (2) Paragraph (1) of this subsection is not an exclusive list of the steps that may be taken to meet the requirement of subsection (a)(4)(A) of this section. A facility is not required to take more than one step if the facility can demonstrate that taking an additional step is not reasonable. (e) Effectiveness of Attestation: (1) Subject to section 2905 of this title, an attestation under subsection (a) of this section-- (A) expires at the end of the one-year period beginning on the date the attestation is filed with the Secretary; and (B) applies to petitions filed during that one-year period if the facility states in each petition filed under section 2325(c) of this title that it continues to comply with the conditions in the attestation. (2) A facility may file a single petition to meet the requirements of this section for more than one registered nurse. Sec. 2903. State plans The Secretary of Labor shall provide for a procedure under which a State may submit to the Secretary of Labor a plan for the recruitment and retention of citizens of the United States and immigrants authorized to perform nursing services as registered nurses in facilities in the State. A plan may include counseling and educating health workers and other individuals about employment opportunities available to registered nurses. Annually in consultation with the Secretary of Health and Human Services, the Secretary of Labor shall provide for approving or disapproving the State plan as provided in section 2902(a)(4)(B) of this title. A plan may be approved in regard to a facility only if the plan provides for taking significant steps described in section 2902(a)(4)(A) of this title to recruit and retain registered nurses at that facility. Sec. 2904. Public availability of information The Secretary of Labor shall compile and make available for public examination in a timely manner in the District of Columbia-- (1) a list of facilities that have filed petitions to employ nonimmigrant registered nurses described in section 2325 of this title; and (2) for each facility, a copy of the petitions, attestations, and accompanying documentation filed by each facility. Sec. 2905. Complaints, investigations, and penalties (a) Complaints and Investigations: (1) The Secretary of Labor shall establish a procedure for receiving, investigating, and disposing of complaints filed about a facility's failure to satisfy a condition attested to, or a facility's misrepresentation of a material fact, in an attestation. (2) Any person aggrieved by a facility's failure to satisfy a condition attested to, or a facility's misrepresentation of a material fact, in an attestation under section 2902(a) of this title, including a bargaining representative, association the Secretary decides is appropriate, or other person the Secretary decides by regulation is aggrieved, may file a complaint with the Secretary. The Secretary shall conduct an investigation if there is reasonable cause to believe that the facility does not meet a condition attested to. (3) Not later than 180 days after a complaint is filed, the Secretary shall decide whether a basis exists to make a finding described in subsection (b) of this section. If the Secretary decides that a basis exists, the Secretary shall give notice of that decision to the interested parties and an opportunity for a hearing on the complaint not later than 60 days after making the decision. (b) Findings and Penalties: (1) If the Secretary finds, after notice and an opportunity for a hearing, that a facility has failed to satisfy a condition attested to or has misrepresented a material fact in an attestation, the Secretary-- (A) shall notify the Attorney General of the finding; (B) may impose other administrative remedies, including a civil penalty of not more than $1,000 for each violation; and (C) if the facility has not paid the prevailing wage as attested to under section 2902(a)(3) of this title, shall order the facility to pay an amount of back pay necessary to comply with section 2902(a)(3). (2) For at least one year after receiving notice under paragraph (1)(A) of this subsection, the Attorney General may not approve a petition filed under subsection 2325(c) of this title by that facility for the employment of a nonimmigrant registered nurse. PART B--IMMIGRANTS CHAPTER 41--NUMERICAL LIMITATIONS Sec. 4101. General requirements. 4102. Annual worldwide numerical limitations. 4103. Visa allocation for family-sponsored immigrants. 4104. Visa allocation for employment-based immigrants. 4105. Visa allocation for diversity immigrants. 4106. Availability of visas for special immigrants having honorable military service. 4107. Status of spouses and children. 4108. Estimating number of visas to be issued. 4109. Pilot program. 4110. Numerical limitations on individual foreign countries. 4111. Charging immigrants to foreign countries. 4112. Burden of proof. Sec. 4101. General requirements Except for aliens described in section 4102(d) of this title, an alien may be issued an immigrant visa or otherwise become an alien lawfully admitted for permanent residence only if-- (1)(A) the alien is a family-sponsored immigrant described in section 4103(b)-(e) of this title or admitted under section 4311(a)(1) of this title because a visa previously was issued to the accompanying parent under section 4103(b)-(e); and (B) the numerical limitations of section 4102(a)(1) of this title are not exceeded; (2)(A) the alien is an employment-based immigrant described in section 4104(b)-(f) of this title or admitted under section 4311(a)(1) of this title because a visa previously was issued to the accompanying parent under section 4104(b)-(f); and (B) the numerical limitations of section 4102(b)(1) of this title are not exceeded; or (3)(A) the alien is a diversity immigrant described in section 4105(c) and (h) of this title or admitted under section 4311(a)(1) of this title because a visa previously was issued to the accompanying parent under section 4105(c) and (h); and (B) the numerical limitations of section 4102(c)(1) of this title are not exceeded. Sec. 4102. Annual worldwide numerical limitations (a) Family-Sponsored Immigrants: (1) The worldwide numerical limitation for family-sponsored immigrants for a fiscal year is the greater of-- (A)(i) 480,000; minus (ii) the number of aliens described in subsection (d)(6)-(8) of this section issued immigrant visas or who otherwise became aliens lawfully admitted for permanent residence in the prior fiscal year; plus (iii) any difference between the maximum number of employment-based immigrant visas that could have been issued and the number that were issued during the prior fiscal year; or (B) 226,000. (2) In each of the first 3 quarters of a fiscal year, the number of aliens issued visas and otherwise becoming aliens lawfully admitted for permanent residence as family-sponsored immigrants may not be more than 27 percent of the numerical limitation computed under paragraph (1) of this subsection for that fiscal year. (b) Employment-Based Immigrants: (1) The worldwide numerical limitation for employment-based immigrants for a fiscal year is-- (A) not more than 140,000; plus (B) any difference between the maximum number of family-sponsored immigrant visas that could have been issued and the number that were issued during the prior fiscal year. (2) In each of the first 3 quarters of a fiscal year, the number of aliens issued visas and otherwise becoming aliens lawfully admitted for permanent residence as employment-based immigrants may not be more than 27 percent of the numerical limitation computed under paragraph (1) of this subsection for that fiscal year. (c) Diversity Immigrants: (1) The worldwide numerical limitation for diversity immigrants for a fiscal year is 55,000. (2) In each of the first 3 quarters of a fiscal year, the number of aliens issued visas and otherwise becoming aliens lawfully admitted for permanent residence as diversity immigrants may not be more than 27 percent of the numerical limitation computed under paragraph (1) of this subsection for that fiscal year. (d) Nonapplication: The numerical limitations of this section do not apply to-- (1) a special immigrant as defined in section 134(a)(1) or (2) of this title; (2) an alien admitted under section 5105 of this title or whose status is adjusted under section 5107 of this title; (3) an alien who becomes lawfully admitted for permanent residence under chapter 93 of this title or section 210 or 210A of the Immigration and Nationality Act (ch. 477, 66 Stat. 163); (4) an alien whose deportation is suspended under section 6539(a) of this title; (5) an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under section 9105(a) of this title; (6) an immediate relative; (7) an alien admitted under section 4311(a)(1) of this title because the accompanying parent is an immediate relative previously issued a visa; and (8) an alien born to an alien lawfully admitted for permanent residence during a temporary visit outside the United States. Sec. 4103. Visa allocation for family-sponsored immigrants (a) General: Aliens subject to the worldwide numerical limitation of section 4102(a)(1) of this title for qualified family-sponsored immigrants shall be allocated visas each fiscal year as provided in this section. (b) Unmarried Sons and Daughters of Citizens: Not more than 23,400 visas, plus visas not required under subsection (e) of this section, shall be made available to unmarried sons and unmarried daughters of citizens of the United States. (c) Families of Aliens Lawfully Admitted: (1) Not more than 114,200 visas, plus the number by which the worldwide numerical limitation is more than 226,000, plus visas not required under subsection (b) of this section, shall be made available to-- (A) spouses and children of aliens lawfully admitted for permanent residence; and (B) unmarried sons and unmarried daughters (who are no longer children) of aliens lawfully admitted for permanent residence. (2) At least 77 percent of visas made available under this subsection shall be made available to those spouses and children. (d) Married Sons and Daughters of Citizens: Not more than 23,400 visas, plus visas not required under subsections (b) and (c) of this section, shall be made available to married sons and married daughters of citizens of the United States. (e) Brothers and Sisters of Citizens: Not more than 65,000 visas, plus visas not required under subsections (b)-(d) of this section, shall be made available to brothers and sisters of citizens of the United States if the citizens are at least 21 years of age. Sec. 4104. Visa allocation for employment-based immigrants (a) General: Aliens subject to the worldwide numerical limitation of section 4102(b)(1) of this title for qualified employment-based immigrants shall be allocated visas each fiscal year as provided in this section. (b) Priority Workers: (1) A number of visas equal to not more than 28.6 percent of the worldwide numerical limitation of section 4102(b)(1) of this title, plus visas not required under subsections (e) and (f) of this section, shall be made available to the following aliens: (A) a qualified immigrant-- (i) having extraordinary ability in the sciences, arts, education, business, or athletics that has been demonstrated by sustained national or international acclaim; (ii) whose achievements have been recognized in the field through extensive documentation; (iii) who is seeking to enter the United States to continue work in the area of extraordinary ability; and (iv) whose entry will benefit the United States substantially in the future. (B) a qualified immigrant-- (i) recognized internationally as outstanding in a specific academic area; (ii) with at least 3 years of teaching or research experience in the academic area; and (iii) who is seeking to enter the United States for a tenured (or tenure-track) position in a university or institution of higher education to teach in the academic area, for a comparable position with a university or institute of higher education to conduct research in the area, or for a comparable position to conduct research in the area with a department, division, or institute of a private employer that employs at least 3 individuals full-time in research activities and has achieved documented accomplishments in an academic field. (C) a qualified immigrant-- (i) who, in the 3 years prior to the application for classification and admission to the United States under this paragraph, has been employed for at least one year by a firm, corporation, or other legal entity or an affiliate or subsidiary of the firm, corporation, or entity; and (ii) who is seeking to enter the United States to continue to provide services to the same employer, or an affiliate or subsidiary of the employer, in a managerial or executive capacity. (2) In applying paragraph (1)(C) of this subsection, a partnership or similar organization organized outside the United States to provide accounting services is deemed to be an affiliate of a partnership organized in the United States to provide accounting services if-- (A) the partnership or similar organization organized outside the United States markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization owned and controlled by the member accounting firms of which the United States partnership is also a member; and (B) the United States partnership markets its accounting services under the same internationally recognized name under an agreement with the worldwide coordinating organization. (c) Members of the Professions Holding Advanced Degrees or Aliens of Exceptional Ability: (1) A number of visas equal to not more than 28.6 percent of the worldwide numerical limitation of section 4102(b)(1) of this title, plus visas not required under subsection (b) of this section, shall be made available to qualified immigrants-- (A) who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business will benefit substantially the economy, cultural or educational interests, or welfare of the United States in the future; and (B) whose services in the sciences, arts, professions, or business are sought by an employer in the United States. (2) When the Attorney General considers it to be in the interest of the United States, the Attorney General may waive the requirement of paragraph (1) of this subsection that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States. (3) Possession of a degree, diploma, certificate, or similar award from an institution of learning, a license to practice, or certification for a profession or occupation is not sufficient evidence by itself under paragraph (1) of this subsection that an immigrant has exceptional ability. (d) Skilled Workers, Professionals, and Other Workers: (1) Except as provided in paragraph (2) of this subsection, a number of visas equal to not more than 28.6 percent of the worldwide numerical limitation of section 4102(b)(1) of this title, plus visas not required under subsections (b) and (c) of this section, shall be made available to the following aliens not described in subsection (c)(1) of this section: (A) a qualified immigrant who is capable, at the time a petition is filed for classification under this subsection, of performing skilled labor requiring at least 2 years training or experience, that is not temporary or seasonal, and for which qualified workers are not available in the United States. (B) a qualified immigrant who holds a baccalaureate degree and is a member of a profession. (C) a qualified immigrant capable, when petitioning for classification under this subsection, of performing unskilled labor that is not temporary or seasonal and for which qualified workers are not available in the United States. (2) Not more than 10,000 of the visas made available under this subsection in a fiscal year are available for immigrants described in paragraph (1)(C) of this subsection. (3) An alien may be issued an immigrant visa under this subsection only if the consular officer has received the decision and certification of the Secretary of Labor under subsection (g)(2) of this section. (e) Certain Special Immigrants: A number of visas equal to not more than 7.1 percent of the worldwide numerical limitation of section 4102(b)(1) of this title shall be made available to qualified special immigrants as defined in section 134(a)(3)-(13) of this title, except that not more than 5,000 of those visas may be allocated in a fiscal year to special immigrants as defined in section 134(a)(3)(A)(ii)(II) and (III) of this title. (f) Employment Creation: (1) In this subsection-- (A) `targeted employment area' means, at the time of investment, a rural area or an area that has experienced unemployment that is at least 150 percent of the national average. (B) `rural area' means an area not in a metropolitan statistical area or not in the outer boundary of a city or town having a population, based on the latest United States decennial census, of at least 20,000. (2) A number of visas equal to not more than 7.1 percent of the worldwide numerical limitation of section 4102(b)(1) of this title shall be made available to qualified immigrants seeking to enter the United States to engage in a new commercial enterprise-- (A) that the alien has established; (B) in which the alien has invested after November 29, 1990, or is actively in the process of investing, at least $1,000,000; and (C) that will benefit the United States economy and create full-time employment for at least 10 United States citizens, aliens lawfully admitted for permanent residence, or other immigrants lawfully authorized to be employed in the United States, except the qualified immigrant and the qualified immigrant's spouse, sons, and daughters. (3) At least 3,000 of the visas allocated under paragraph (2) of this subsection in each fiscal year shall be reserved for qualified immigrants who establish a new commercial enterprise described in paragraph (2) that will create employment in a targeted employment area. (4)(A) In consultation with the Secretaries of Labor and State, the Attorney General may prescribe regulations increasing the amount specified by paragraph (2)(B) of this subsection. (B) For an investment made in a targeted employment area, the Attorney General may specify that the amount of capital required under paragraph (2)(B) of this subsection be less than, but at least 50 percent of, the amount specified by paragraph (2)(B). (C) For an investment made in a metropolitan statistical area that at the time of investment is not a targeted employment area and has an unemployment rate significantly below the national average, the Attorney General may specify that the amount of capital required under paragraph (2)(B) of this subsection be more than, but not more than 3 times, the amount specified in paragraph (2)(B). (g) Additional Requirements for Employment-Based Immigrants: (1) An alien applying for a visa under subsection (c) or (d) of this section who is a graduate of a medical school not accredited by an entity approved by the Secretary of Education and who is coming to the United States principally to perform services as a member of the medical profession may be issued the visa only if the alien-- (A) has passed parts I and II of the National Board of Medical Examiners Examination or an examination the Secretary of Health and Human Services decides is equivalent, or on January 9, 1978, was fully and permanently licensed to practice medicine in a State and was practicing medicine in a State on that date; and (B) is competent in oral and written English. (2) An alien applying for a visa under subsection (c) or (d) of this section to perform skilled or unskilled labor may be issued the visa only if the Secretary of Labor decides and certifies to the Secretary of State and the Attorney General that-- (A) there are not enough workers who are able, willing, qualified (or equally qualified if the alien is a member of the teaching profession or has exceptional ability in the sciences or arts), and available when the alien applies for the visa and admission and at the place where the alien is to perform that labor; and (B) employment of the alien will not affect adversely the wages and working conditions of similarly employed workers in the United States. (3) Before making a decision and certification under paragraph (2) of this subsection, the Secretary of Labor shall provide that-- (A) a certification may be made only if the employer, when filing the application, has provided notice of the filing to the bargaining representative of the employer's employees in the occupational classification and area for which aliens are sought or, if there is no bargaining representative, to employees employed at the facility through posting at conspicuous locations; and (B) any person may submit documentary evidence related to the application, including information on available workers, wages and working conditions, and the employer's failure to meet conditions of employing alien workers and co-workers. Sec. 4105. Visa allocation for diversity immigrants (a) Definitions: In this section-- (1) `high-admission foreign country' means a foreign country for which the number determined under subsection (c) of this section is more than 50,000. (2) `high-admission region' means a region for which the total of the numbers determined under subsection (c) of this section for foreign countries in the region is more than one-sixth of the total of the numbers for all foreign countries. (3) `low-admission foreign country' means a foreign country that is not a high-admission foreign country. (4) `low-admission region' means a region that is not a high-admission region. (5) Northern Ireland is deemed to be a separate foreign country. (6) an overseas dependent area of a foreign country is deemed to be part of the foreign country. (7) the area in each of the following is a separate region: (A) Africa. (B) Asia. (C) Europe. (D) North America, except Mexico. (E) Oceania. (F) South America, Mexico, Central America, and the Caribbean. (b) General: Aliens subject to the worldwide numerical limitations of section 4102(c)(1) of this title for qualified diversity immigrants shall be allocated visas for each fiscal year as provided in this section. (c) Determination of Numbers of Certain Aliens: For the most recent prior 5-year period for which information is available, the Attorney General shall determine the total number of aliens who are natives of each foreign country and who-- (1) were admitted or otherwise acquired the status of an alien lawfully admitted for permanent residence (except under this section); and (2) were subject to the numerical limitations for family-sponsored and employment-based immigrants under sections 4103 and 4104 of this title or were admitted or otherwise acquired the status of an alien lawfully admitted for permanent residence as an alien described in section 4102(d)(6)-(8) of this title. (d) Identification: The Attorney General shall identify each high-admission foreign country and region and each low-admission foreign country and region. (e) Percentage and Ratio Determinations: The Attorney General shall determine-- (1) the percentage of the total of the number determined under subsection (c) of this section that applies to foreign countries in high-admission regions; (2) based on available estimates for each region, the total population of each region, excluding the population of any high-admission foreign country; (3) for each low-admission region, the ratio of the population of the region determined under clause (2) of this subsection to the total population determined under clause (2) for all low-admission regions; and (4) for each high-admission region, the ratio of the population of the region determined under clause (2) of this subsection to the total population determined under clause (2) for all high-admission regions. (f) Availability of Visas: (1) The percentage of visas made available under this section to natives of a high-admission foreign country is 0. (2) Except as provided in subsection (g) of this section, the percentage of visas made available under this section to natives (except natives of a high-admission foreign country) in a low-admission region is the product of-- (A) the percentage determined under subsection (e)(1) of this section; multiplied by (B) the population ratio for the region determined under subsection (e)(3) of this section. (3) Except as provided in subsection (g) of this section, the percentage of visas made available under this section to natives (except natives of a high-admission foreign country) in a high-admission region is the product of-- (A) 100 percent minus the percentage determined under subsection (e)(1) of this section; multiplied by (B) the population ratio for the region determined under subsection (e)(4) of this section. (g) Redistribution of Visas and Limitation: (1) Except as provided in paragraph (2) of this subsection, if the Secretary of State estimates that the number of immigrant visas to be issued for a fiscal year to natives in a region under this section will be less than the number of immigrant visas made available for the fiscal year to those natives under this section, the excess visa numbers shall be made available to natives (except natives of a high-admission foreign country) of the other regions in proportion to the percentages specified in subsection (f)(2) and (3) of this section. (2) The percentage of visas made available under this section for a fiscal year to natives of a single foreign country may not be more than 7 percent of the total number of visas made available under this section for the fiscal year. (h) Requirement of Education or Work Experience: An alien is eligible for a visa under this section only if the alien-- (1) has at least a high school education or its equivalent; or (2) within the 5-year period preceding the date of applying for a visa has at least 2 years of work experience in an occupation requiring at least 2 years of training or experience. (i) Maintaining Information: The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this section. Sec. 4106. Availability of visas for special immigrants having honorable military service (a) Nonapplication of Numerical Limitations: Except as provided in subsection (b) of this section, the numerical limitations of sections 4104 and 4110(a) and (b) of this title do not apply to immigrant visas made available to special immigrants as defined in section 134(a)(13) of this title. (b) Number of Available Visas: The number of visas made available in a fiscal year-- (1) under subsections (b), (c), and (d) of section 4104 of this title shall each be reduced by one-third of the number of visas allocated in the prior fiscal year to special immigrants as defined in section 134(a)(13) of this title; (2) to natives of a foreign country under section 4110(a) and (b) of this title shall be reduced by the number of visas allocated in the prior fiscal year to special immigrants as defined in section 134(a)(13) who are natives of the foreign country; and (3) under subsections (b), (c), and (d) of section 4104 for a foreign country subject to section 4110(c) of this title in that fiscal year and the prior fiscal year shall be reduced by one-third of the number of visas allocated in the prior fiscal year to special immigrants as defined in section 134(a)(13) who are natives of the foreign country. Sec. 4107. Status of spouses and children The spouse or child (as defined in section 108(a)(1)-(5) of this title) accompanying or following to join an alien who is in a class described in section 4103, 4104, or 4105 of this title is entitled to the same classification and to have the same priority date as the alien if the spouse or child otherwise is not entitled to immigrant status and the immediate issuance of a visa under section 4103, 4104, or 4105. Sec. 4108. Estimating number of visas to be issued In carrying out sections 4103-4107 and 4313(a) and (b) of this title, the Secretary of State may make estimates of the anticipated number of immigrant visas to be issued during any quarter of a fiscal year under each class of sections 4103-4105 of this title. The Secretary may rely on those estimates in authorizing the issuance of those visas. Sec. 4109. Pilot program (a) Establishment of Program and Allocation of Visas: In each of the years beginning October 1, 1995-1997, the Secretary of State, with the Attorney General, shall set aside 300 visas from the visas otherwise available under section 4104(f) of this title for a pilot program to carry out section 4104(f). The program shall include a regional center in the United States for promoting economic growth, including increased export sales, improved regional productivity, job creation, and increased domestic capital investment. The visas are for aliens eligible for admission under section 4104(f) and spouses and children eligible under this title to accompany or follow to join the alien. (b) Determination of Number of Jobs Created: In establishing compliance with section 4104(f)(2)(C) of this title and notwithstanding the requirements of section 204.6 of title 8, Code of Federal Regulations, the Attorney General shall allow aliens admitted under the program to establish reasonable methodologies for determining the number of jobs created by the program, including jobs estimated to have been created indirectly through revenue produced from increased exports resulting from the program. Sec. 4110. Numerical limitations on individual foreign countries (a) Total Number of Visas Available in a Fiscal Year: (1) Except as provided in this section, not more than 7 percent of the total number of immigrant visas made available under sections 4103 and 4104 of this title in a fiscal year are made available to natives of any single foreign country, and not more than 2 percent of the total number are made available to natives of any single dependent area. (2) If, because of the application of paragraph (1) of this subsection to at least one foreign country or dependent area, the total number of visas made available under sections 4103 and 4104 of this title for a calendar quarter is more than the number of qualified immigrants who otherwise may be issued a visa, paragraph (1) does not apply to visas made available to any such foreign country or dependent area during the remainder of the calendar quarter. (3) Except for the United States and American Samoa, an independent country, self-governing dominion, or territory under the international trusteeship system of the United Nations is a foreign country under this subsection when approved by the Secretary of State. (4) Approval is deemed to have been given under paragraph (3) of this subsection to-- (A) Taiwan (China); and (B) Hong Kong. (5) The Secretary shall specify the foreign country to which any other inhabited land is to be attributed. The Secretary shall issue appropriate instructions to diplomatic and consular offices when the territorial limits of a foreign country change and the Secretary recognizes the change. (b) Special Rules for Spouses and Children of Aliens Lawfully Admitted for Permanent Residence: (1) Of the visa numbers available under section 4103(c) of this title in a fiscal year to immigrants described in section 4103(c)(1)(A) of this title-- (A) 75 percent of the 77 percent of the total number of visas available under section 4103(c) to those immigrants shall be issued without regard to the numerical limitation established under subsection (a)(1) of this section; and (B) if a foreign country or dependent area is subject to subsection (c) of this section, the remaining 25 percent of the 77 percent shall be made available to natives of that country or area only to the extent that the total number of visas issued under subparagraph (A) of this paragraph to those immigrants is less than 77 percent of the maximum number of visas available under subsection (c)(1)(B) of this section to immigrants described in section 4103(c) of this title who are natives of that country or area. (2) For a foreign country or dependent area to which subsection (c) of this section applies-- (A) the number of immigrant visas that may be made available under section 4103(c) of this title to natives of the country or area who are described in section 4103(c)(1)(B) of this title may not be more than the greater of-- (i) 23 percent of the maximum number of visas available consistent with subsection (c) of this section to immigrants described in section 4103(c) of this title who are natives of the country or area; or (ii) the number, if any, by which the maximum number of visas available under subsection (c)(1)(B) of this section to immigrants described in section 4103(c) of this title who are natives of the country or area is more than the number of visas issued to immigrants described in section 4103(c)(1)(A) of this title; and (B) if the total number of visas issued under section 4103(c) of this title is more than the maximum number of visas available consistent with subsection (c) of this section to immigrants described in section 4103(c) who are natives of the country or area, all visas are deemed to have been required for the preferences specified in section 4103(b) and (c) of this title when applying section 4103(d) and (e) of this title under subsection (c)(1)(B) of this section. (c) Allocation When Number of Visas Made Available to a Country Exceeds Numerical Limitation: (1) If it appears that the total number of immigrant visas made available under sections 4103 and 4104 of this title to natives of a foreign country or dependent area will be more than the applicable numerical limitation established under subsection (a)(1) of this section in a fiscal year, visa numbers for natives of that country or area shall be allocated under sections 4103 and 4104 (to the extent practicable and otherwise consistent with this section and sections 4103 and 4104) so that-- (A) the ratio of the visa numbers made available under section 4103 of this title to the visa numbers made available under section 4104 of this title equals the ratio of the worldwide numerical limitations of section 4102(a)(1) of this title to the worldwide numerical limitation under section 4102(b)(1) of this title; (B) except as provided in paragraphs (3) and (4) of this subsection, the proportion of the visa numbers allocated under each of subsections (b), (c), (d), and (e) of section 4103 of this title equals the ratio of the total number of visas available under each of those subsections to the total number of visas available under section 4103; and (C) the proportion of the visa numbers allocated under each of subsections (b), (c), (d), (e), and (f) of section 4104 of this title equals the ratio of the total number of visas available under each of those subsections to the total number of visas available under section 4104. (2) Paragraph (1) of this subsection does not limit the number of visas that may be issued-- (A) to natives of a foreign country or dependent area under section 4103 of this title if there is insufficient demand for visas for those natives under section 4104 of this title; (B) to natives of a foreign country or dependent area under section 4104 of this title if there is insufficient demand for visas for those natives under section 4103 of this title; or (C) under subsection (b)(1)(A) of this section. Sec. 4111. Charging immigrants to foreign countries An immigrant is chargeable to the foreign country in which the immigrant was born except in the following circumstances: (1) When an alien child is accompanied by or following to join an alien parent of the child, the child may be charged to the foreign country of either parent if-- (A) the parent has received or qualifies for an immigrant visa; (B) necessary to prevent the separation of the child from the parent; and (C) immigration charged to the foreign country to which the parent has been or would be chargeable has not reached the numerical limitation established by section 4110(a)(1) of this title. (2) When an alien is chargeable to a foreign country different from that of the spouse of the alien, the alien may be charged to the foreign country of the spouse the alien is accompanying or following to join if-- (A) the spouse has received or qualifies for an immigrant visa; (B) necessary to prevent the separation of the alien and spouse; and (C) immigration charged to the foreign country to which the spouse has been or would be chargeable has not reached the numerical limitation established by section 4110(a)(1) of this title. (3) An alien born in the United States is deemed to have been born in the foreign country of which the alien is a citizen or subject. If the alien is not a citizen or subject of a foreign country, the alien is deemed to have been born in the last foreign country in which the consular officer decides that the alien resided. (4) An alien born in a foreign country in which neither parent of the alien was born and in which neither parent resided at the time of the birth of the alien may be charged to the foreign country of either parent. (5) An alien born in a dependent area of a foreign country, except an alien described in section 4102(d) of this title, is chargeable to that country. Sec. 4112. Burden of proof An alien claiming to be an immigrant, a special immigrant, or an immediate relative has the burden of proving that the alien is entitled to immigrant, special immigrant, or immediate relative status. CHAPTER 43--PETITIONS AND DOCUMENTATION SUBCHAPTER I--PETITIONS Sec. 4301. General. 4302. Approving petitions for children. 4303. Petitions for married aliens. 4304. Revoking approved petitions. SUBCHAPTER II--DOCUMENTATION 4311. Documentation requirements. 4312. Applications for immigrant visas and registration. 4313. Issuing immigrant visas and other documentation. 4314. Period of validity and revocation. 4315. Unused immigrant visas. 4316. Reentry permits. 4317. Burden of proof. 4318. Documentation waivers. SUBCHAPTER I--PETITIONS Sec. 4301. General (a) Petitions to the Attorney General: The following individuals may petition the Attorney General for the classification of aliens as follows: (1) a citizen of the United States claiming an alien is entitled to immediate relative status or to be classified under section 4103(b), (d), or (e) of this title. (2) an alien spouse described in section 117(2) of this title and desiring to acquire, or to have a child of the alien spouse acquire, immediate relative status. (3) an alien eligible for immediate relative status (and a child of the alien if the child is not classified under clause (4) of this subsection) because the alien-- (A) is the spouse of a citizen of the United States; (B) is an individual of good moral character; (C) has resided in the United States with the spouse; and (D) demonstrates to the Attorney General that-- (i) the alien is residing in the United States; (ii) the marriage between the alien and the spouse was entered into in good faith by the alien; (iii) during the marriage the alien or a child of the alien has been battered by, or has been the subject of extreme cruelty perpetrated by, the spouse; and (iv) the alien's deportation would result in extreme hardship to the alien or child. (4) a child eligible for immediate relative status because the child-- (A) is the child of a citizen of the United States; (B) is an individual of good moral character; (C) has resided in the United States with the citizen parent; and (D) demonstrates to the Attorney General that-- (i) the child is residing in the United States; (ii) during the period of residence with the citizen parent the child has been battered by, or has been the subject of extreme cruelty perpetrated by, that parent; and (iii) the child's deportation would result in extreme hardship to the child. (5) an alien lawfully admitted for permanent residence claiming classification for an alien entitled to be classified under section 4103(c) of this title. (6) an alien eligible to be classified under section 4103(c) of this title (and a child of the alien if the child is not classified under clause (7) of this subsection) because the alien-- (A) is the spouse of an alien lawfully admitted for permanent residence; (B) is an individual of good moral character; (C) has resided in the United States with the spouse; (D) demonstrates to the Attorney General that-- (i) the alien is residing in the United States; (ii) the marriage between the alien and the spouse was entered into in good faith by the alien; (iii) during the marriage the alien or a child of the alien has been battered by, or has been the subject of extreme cruelty perpetrated by, the spouse; and (iv) the alien's deportation would result in extreme hardship to the alien or child. (7) a child eligible to be classified under section 4103(c) of this title because the child-- (A) is the child of an alien lawfully admitted for permanent residence; (B) is an individual of good moral character; (C) has resided in the United States with the permanent resident alien parent; and (D) demonstrates to the Attorney General that-- (i) the child is residing in the United States; (ii) during the period of residence with the permanent resident alien parent the child has been battered by, or has been the subject of extreme cruelty perpetrated by, that parent; and (iii) the child's deportation would result in extreme hardship to the child. (8) an alien desiring to be classified under section 4104(b)(1)(A) of this title, or a person for the alien. (9) an individual intending to employ in the United States an alien entitled to be classified under section 4104(b)(1)(B) or (C), (c), or (d) of this title. (10) an alien (except a special immigrant as defined in section 134(a)(4) of this title) desiring to be classified under section 4104(e) of this title, or a person for the alien. (11) an alien desiring to be classified under section 4104(f) of this title. (b) Petitions to the Secretary of State: (1) An alien claiming status as a special immigrant as defined in section 134(a)(4) of this title may petition the Secretary of State to be classified under section 4104(e) of this title. The alien may file the petition only after being notified by the Secretary that special immigrant status under section 134(a)(4) has been recommended and approved as provided in section 134(a)(4). (2)(A) An alien desiring to be classified under section 4105 of this title may petition the Secretary of State to be classified under section 4105. (B) The alien shall file the petition at the place and time the Secretary of State decides by regulation. Only one petition may be filed during a petitioning period established by the Secretary. If more than one petition is filed during a period, all petitions filed by the alien during that period are void. (C)(i) The Secretary of State shall designate a period during which a petition for a visa that may be issued under section 4105 of this title for the fiscal year beginning after the end of the period may be filed. (ii) An alien who qualifies, through random selection, for a visa under section 4105 of this title remains eligible to receive the visa through the end of the fiscal year for which the alien was selected. (iii) The Secretary of State shall prescribe regulations necessary to carry out this subparagraph. (D) A petition under this paragraph shall-- (i) be in a form the Secretary of State prescribes by regulation; and (ii) contain information and documentary evidence the Secretary requires. (c) Approving Petitions: (1) After investigating the facts about a petition, and after consulting with the Secretary of Labor about a petition to classify an alien under section 4104(c) or (d) of this title, the Attorney General shall approve the petition if the Attorney General decides the facts stated in the petition are true and the alien is an immediate relative or entitled to be classified as requested under section 4103 or 4104 of this title. (2) When acting on a petition under subsection (a)(3), (4), (6), or (7) of this section, the Attorney General shall consider any credible evidence relevant to the petition. Only the Attorney General may decide what evidence is credible and the weight to be given that evidence. (3) After approving the petition, the Attorney General shall submit one copy to the Secretary of State. The Secretary then shall authorize the appropriate consular officer to classify the alien as approved. (d) Nondiscrimination: Except as provided in sections 134, 4102(d)(6), 4103-4107, and 4110(a)(1) of this title, an alien may not receive a preference or priority or be discriminated against in issuing an immigrant visa under section 4313 of this title because of the alien's race, sex, nationality, place of birth, or place of residence. (e) No Entitlement To Enter the United States: This subchapter does not entitle an immigrant for whom a petition is approved under this subchapter to enter the United States if found not to be entitled to the classification on arrival in the United States. Sec. 4302. Approving petitions for children (a) Favorable Home Study Requirement: Notwithstanding section 4301 of this section, a petition for a child as defined in section 108(a)(6) of this title may be approved only if a valid home study has been recommended favorably-- (1) by an agency of the State of the proposed residence of the child; (2) by an agency that the State of the proposed residence of the child authorizes to conduct the study; or (3) for a child adopted outside the United States, by an appropriate adoption agency licensed in the United States. (b) Petitions for Certain Children Fathered by Citizens of the United States: (1) An alien claiming to be an alien described in paragraph (2)(A) of this subsection, or a person for the alien, may petition the Attorney General to be classified as an immediate relative or under section 4103(b) or (d) of this title, as appropriate. (2) After investigating the facts about a petition, the Attorney General shall approve the petition if-- (A) the Attorney General has reason to believe that the alien was born in Kampuchea, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and was fathered by a citizen of the United States; (B) the Attorney General has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (5) of this subsection; and (C) for an alien less than 18 years of age-- (i) an appropriate child welfare agency licensed in the United States and actively involved in the intercountry placement of children arranged the placement of the alien with a sponsor in the United States; and (ii) the mother or guardian of the alien, in writing, irrevocably released the alien for emigration. (3) In considering a petition filed under this subsection, the Attorney General shall-- (A) consult with appropriate government officials and officials of private voluntary organizations in the foreign country in which the alien was born in making the findings described in paragraphs (2)(A) and (C)(i) of this subsection; and (B) consider the physical appearance of the alien and evidence provided by the petitioner, including-- (i) birth and baptismal certificates; (ii) local civil records; (iii) photographs of, and letters or proof of financial support from, a putative father who is a citizen of the United States; and (iv) relevant or probative testimony of witnesses. (4) After approving the petition, the Attorney General shall submit one copy to the Secretary of State. (5) A guarantee of legal custody and financial responsibility for an alien required by paragraph (2) of this subsection must-- (A) be signed in the presence of a consular officer or an immigration officer by a sponsor who is-- (i) at least 21 years of age; (ii) of good moral character; and (iii) a citizen of the United States or an alien lawfully admitted for permanent residence; and (B) provide that the sponsor agrees-- (i) for an alien less than 18 years of age, to assume legal custody for the alien when the alien departs for the United States and until the alien becomes 18 years of age, as provided under the laws of the State in which the alien and the sponsor will reside; and (ii) to provide, during the longer of the 5-year period beginning on the date the alien acquires the status of an alien lawfully admitted for permanent residence or the period beginning on that date and ending on the date the alien becomes 21 years of age, financial support necessary to maintain the family in the United States of which the alien is a member at a level equal to at least 125 percent of the current official poverty line (established by the Director of the Office of Management and Budget under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2) and revised by the Secretary of Health and Human Services under section 673(2)) for a family the same size as that of the family of the alien. (6) The Attorney General may bring a civil action against the sponsor in the district court of the United States for the judicial district in which the sponsor resides to enforce a guarantee of legal custody and financial responsibility made under paragraph (5) of this subsection. However, a sponsor or the estate of the sponsor is not liable under the guarantee if the sponsor dies or is adjudicated a bankrupt under title 11. Sec. 4303. Petitions for married aliens (a) Limitations on Approving Petitions for Certain Spouses: (1) The Attorney General may approve a spousal petition under section 4103(c) of this title for the classification of the spouse of an alien if the alien, because of a prior marriage, had become an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or an alien lawfully admitted for permanent residence only if-- (A) 5 years have passed since the alien had become an alien lawfully admitted for permanent residence; or (B) the alien, by clear and convincing evidence, satisfies the Attorney General that the prior marriage was not entered into to evade the immigration laws. (2) Paragraph (1) of this subsection does not apply to a petition for the classification of the spouse of an alien if the prior marriage of the alien was ended by the death of the alien's spouse. (b) Prohibition on Approving Petitions Because of Marriages To Evade Immigration Laws: Notwithstanding section 4301(c) of this title, a petition may not be approved if-- (1) an alien previously acquired, or sought to acquire, immediate relative status or previously was classified, or sought to be classified, under section 4103(c) of this title as a spouse of an alien lawfully admitted for permanent residence, because of a marriage the Attorney General decides was entered into to evade the immigration laws; or (2) the Attorney General decides the alien has attempted or conspired to enter into a marriage to evade the immigration laws. (c) Required Residence Outside the United States for Certain Aliens Involved in Proceedings: (1) Notwithstanding section 4301(a) and (b) of this title, a petition to grant immediate relative status or to classify an alien under section 4103, 4104, or 4105 of this title because of a marriage entered into after November 9, 1986, and during the period described in section 9101(g)(1)(C) of this title, may not be approved until the alien resides outside the United States for 2 years after the marriage. (2) Paragraph (1) of this subsection does not apply to a marriage if the alien establishes by clear and convincing evidence satisfactory to the Attorney General that-- (A) the marriage was entered into in good faith and under the laws of the place where the marriage took place; (B) the marriage was not entered into to procure the alien's entry as an immigrant; and (C) no consideration was given, except to an attorney for assistance in preparing a petition, for filing a petition under section 2309(b) or 4301(a) or (b) of this title for an alien spouse or alien son or daughter. (3) Under regulations of the Attorney General, the Attorney General shall allow only one level of administrative appellate review for each alien under paragraph (2) of this subsection. Sec. 4304. Revoking approved petitions (a) General: The Attorney General may revoke at any time a petition approved by the Attorney General under section 4301(c) of this title if the Attorney General considers that there is good cause to revoke. Revocation is effective as of the date of approval of the petition if notice of the revocation is mailed to the last known address of the petitioner and the Secretary of State notifies the alien for whom the petition was filed of the revocation before the alien begins traveling to the United States. If notice is not given as required by this section and the alien applies for admission to the United States, the admissibility of the alien shall be decided as provided in sections 6103, 6331, and 6332 of this title. (b) Exception: Legal termination of a marriage may not be the only basis for revoking a petition of an alien filed under section 4301(a)(3) or (6) of this title because of conditions described in section 4301(a)(3)(D)(i)-(iii) and (6)(D)(i)-(iii). SUBCHAPTER II--DOCUMENTATION Sec. 4311. Documentation requirements (a) Documents Required: (1) An immigrant may be admitted to the United States only if, when applying for admission, the immigrant-- (A)(i) has an unexpired entry document required by this title; or (ii) was born after an entry document was issued to the accompanying parent; (B) has an unexpired travel document or document of identity and nationality when required by regulations the Attorney General prescribes; and (C) except as otherwise provided in this title, has a visa issued as provided under sections 4103-4105, 4107, and 4313(b) of this title. (2) This section does not apply to an alien admitted under section 5105 of this title. (b) Waiver for Certain Special Immigrants: Under conditions that may be prescribed by the Attorney General, the Attorney General may readmit a special immigrant as defined in section 134(a)(1) of this title who is returning to the United States, without the alien's having to obtain a passport, immigrant visa, reentry permit, or other documentation, if the alien otherwise is admissible. Sec. 4312. Applications for immigrant visas and registration (a) Application Requirements: An alien applying for an immigrant visa must apply in the way and at the place prescribed by regulation. The application must contain-- (1) the complete true name of the alien and each alias ever used; (2) the age and sex of the alien; (3) the date and place of birth of the alien; and (4) additional information prescribed by regulation that is necessary to identify the alien and enforce the immigration and nationality laws. (b) Additional Requirements: (1) An alien applying for an immigrant visa must-- (A) register if required by chapter 81 of this title when applying for the visa; (B) take a physical and mental examination prescribed by regulation; (C) if required under regulations the Secretary of State prescribes, present a passport or other suitable travel document or a document of identity and nationality; and (D) provide the consular officer, with the application, with-- (i) a copy of a certification by the appropriate police authorities stating what their records show about the alien; (ii) a certified copy of any existing prison record, military record, and record of birth of the alien; and (iii) a certified copy of any other record or documentation about the alien that the consular officer may require. (2) Each copy provided under paragraph (1)(D) of this subsection shall be attached to the application and become a part of the application. If the alien satisfies the consular officer that it is not possible to obtain the copy, the consular officer may allow the alien to submit other satisfactory evidence of the fact to which the copy relates. (c) Signature and Oath: Except as otherwise prescribed by regulation, an alien must-- (1) sign an application for an immigrant visa in the presence of a consular officer; and (2) take an oath administered by the consular officer verifying the application. (d) Processing Immigrant Visa Applications of Cuban Nationals in 3d Countries: (1) In this subsection, `process' means accepting and reviewing an application and preparing necessary documents and making appropriate decisions related to the application. (2) Notwithstanding sections 4313(f) and 6106(a) of this title, a consular officer shall process an application for an immigrant visa by a Cuban national located in a 3d country on the same basis as an application for an immigrant visa by a national of another country. (e) Statement About No Entitlement To Enter the United States: An application for an immigrant visa shall inform the applicant that a visa or other documentation issued to an alien does not entitle the alien to enter the United States if, on arrival at a port of entry, the alien is found to be inadmissible. (f) Cancellation of Registration: The Secretary shall cancel the registration of an alien who does not apply for an immigrant visa within one year after being notified that a visa is available. However, the Secretary shall reinstate the registration if the alien establishes within 2 years after notification that the failure to apply was due to circumstances beyond the control of the alien. Sec. 4313. Issuing immigrant visas and other documentation (a) Registration on Waiting Lists: Waiting lists of aliens entitled to an immigrant classification that is subject to the numerical limitations specified in chapter 41 of this title shall be maintained under regulations the Secretary of State prescribes. (b) Order of Issuing Visas: (1) Immigrant visas made available under section 4103 or 4104 of this title shall be issued to qualified immigrants in the order in which a petition for each immigrant is filed with the Attorney General (or with the Secretary of State for special immigrants as defined in section 134(a)(4) of this title) under section 4301(a) or (b) of this title. (2) Immigrant visas made available under section 4105 of this title shall be issued to qualified immigrants as the Secretary prescribes for the fiscal year involved. (c) Issuing Visas: (1) A consular officer issues an immigrant visa at the office of the consular officer outside the United States. A consular officer may issue an immigrant visa to an eligible immigrant who has made a proper application for the visa. (2) A consular officer may issue a special immigrant or an immediate relative an immigrant visa as a special immigrant or an immediate relative on receiving satisfactory proof, under regulations prescribed under this title, that the applicant is entitled to special immigrant or immediate relative status. (d) Prohibitions: (1) A consular officer may not issue an immigrant visa or other documentation to an alien if-- (A) the alien's application does not comply with this title or regulations prescribed under this title; or (B) the consular officer has reason to believe the alien is ineligible for the visa or other documentation under subchapter I of chapter 63 of this title or any other provision of law. (2) Notwithstanding paragraph (1)(B) of this subsection, a consular officer may issue an immigrant visa or other documentation to an alien to whom section 6304(a) of this title applies if-- (A) the alien otherwise may receive the visa or other documentation; and (B) the consular officer receives notice from the Attorney General that a bond approved by the Attorney General has been filed under section 6304(b) of this title. (e) Contents of Visas: An immigrant visa consists of the application for the visa, when visaed by the consular officer. The visa shall specify-- (1) the foreign country to which the immigrant is charged; (2) the immigrant's particular status under that country; (3) the preference classification or immediate relative or special immigrant status to which the immigrant is charged; (4) the expiration date of the visa; and (5) additional required information. (f) Discontinuing Issuance of Visas When Country Denies or Delays Accepting Alien: On being notified by the Attorney General that the government of a foreign country, after being requested to accept the return of an alien who is a citizen, subject, national, or resident of that country, denies or unreasonably delays accepting the alien, the Secretary of State shall order consular officers in that foreign country to discontinue issuing immigrant visas to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien. Sec. 4314. Period of validity and revocation (a) Validity: An immigrant visa is valid for the period prescribed by regulation, but for not more than 4 months. However, an immigrant visa issued to a child legally adopted by a citizen of the United States and the spouse of the citizen when the citizen is serving outside the United States in the armed forces of the United States, is employed outside the United States by the United States Government, or is temporarily outside the United States on business, is valid until the regular return of the citizen to the United States from the service, employment, or business, but for not more than 3 years. (b) Revocation: A consular officer or the Secretary of State may revoke at any time an immigrant visa or other documentation issued to an immigrant. A revocation invalidates the visa or documentation from the date the visa or documentation is issued. The Attorney General shall be notified of each revocation. Sec. 4315. Unused immigrant visas (a) Replacing Unused Visas: A consular officer may replace an immigrant visa under its original number during the fiscal year it was issued if-- (1) the immigrant establishes to the satisfaction of the consular officer that the immigrant was unable to use the visa when it was valid for reasons that the immigrant did not cause and that were beyond the immigrant's control; (2) the consular officer finds the immigrant is eligible for an immigrant visa; and (3) the immigrant pays again the statutory fees for an application and immigrant visa. (b) Issuing Unused Visas: An eligible immigrant may be issued an unused immigrant visa that the immigrant qualifies for if the visa originally was issued to another immigrant-- (1) deported after being excluded from admission; (2) not applying for admission before the visa expires; or (3) as a preference immigrant and the immigrant is found not to be a preference immigrant. Sec. 4316. Reentry permits (a) Applications: An alien lawfully admitted for permanent residence who intends to leave the United States temporarily may apply to the Attorney General for a reentry permit to reenter the United States. The application must-- (1) state the length of, and reason for, the departure; (2) be accompanied by photographs of the applicant, and state other information, that the Attorney General prescribes by regulation; and (3) be made under oath. (b) Issuing Reentry Permits: The Attorney General may issue the reentry permit if the Attorney General finds-- (1) the application is made in good faith; and (2) the alien's departure is not contrary to the interests of the United States. (c) Period of Validity: A reentry permit may be issued for not more than 2 years from the date it is issued and may not be renewed. The alien may use the permit for any number of reentries into the United States. The alien shall surrender the permit to the Attorney General when the permit expires. (d) Presentation of Reentry Permit on Returning to the United States: An alien issued a reentry permit shall present the permit to the immigration officer at the port of entry on returning to the United States. The immigration officer shall accept the permit as a substitute for any visa otherwise required under this title. The permit has no effect under the immigration laws except to establish that the alien is returning from a temporary departure. However, this section does not require a reentry permit as the only way that an alien may establish a return from a temporary departure. (e) Form of Applications and Permits: The Attorney General shall prescribe by regulation the form of the application and reentry permit, except that the permit shall be in a form to identify the alien completely and shall be printed on distinctive safety paper. Sec. 4317. Burden of proof An individual applying for an immigrant visa or other documentation required for entering the United States as an immigrant has the burden of proving that the individual is eligible to be issued the visa or documentation. A consular officer may issue the visa or documentation only if satisfied that the individual is eligible to receive the visa or documentation. Sec. 4318. Documentation waivers The Attorney General may waive sections 4311(a)(1) and 6313(a)(2) and (c) of this title for an immigrant who has an immigrant visa and otherwise is admissible if the Attorney General is satisfied that the immigrant did not know, and by reasonable diligence could not have known, of the immigrant's excludability-- (1) before the vessel or aircraft on which the alien came to the United States left the last port outside the United States and outside foreign contiguous territory; or (2) for an immigrant coming from foreign contiguous territory, before the immigrant applied for admission. CHAPTER 45--CONDITIONAL PERMANENT RESIDENT STATUS SUBCHAPTER I--CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS Sec. 4501. Definitions. 4502. Conditional basis of status. 4503. General requirements to remove conditional basis. 4504. Petitions. 4505. Personal interviews. 4506. Favorable decisions on removing the conditional basis. 4507. Unfavorable decisions on removing the conditional basis. 4508. Treatment of conditional basis period for naturalization purposes. 4509. Ending waivers. SUBCHAPTER II--CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN 4521. Definitions. 4522. Conditional basis of status. 4523. General requirements to remove conditional basis. 4524. Petitions. 4525. Personal interviews. 4526. Favorable decisions on removing the conditional basis. 4527. Unfavorable decisions on removing the conditional basis. 4528. Treatment of conditional basis period for naturalization purposes. SUBCHAPTER I--CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS Sec. 4501. Definitions In this subchapter-- (1) `alien son or daughter' means an alien who acquires the status of an alien lawfully admitted for permanent residence because the alien is the son or daughter of an individual through a qualifying marriage. (2) `alien spouse'-- (A) means an alien who, because of a qualifying marriage, acquires the status of an alien lawfully admitted for permanent residence-- (i) as an immediate relative as the spouse of a citizen of the United States; (ii) under section 2309(a) of this title as the fiancee or fiance of a citizen of the United States; or (iii) under section 4103(c) of this title as the spouse of an alien lawfully admitted for permanent residence; but (B) does not include an alien who acquires the status of an alien lawfully admitted for permanent residence because of section 4107 of this title. (3) `petitioning spouse' means the spouse of a qualifying marriage, except the alien. (4) `qualifying marriage' means a marriage entered into less than 24 months before the date an alien spouse acquires the status of an alien lawfully admitted for permanent residence because of the marriage. Sec. 4502. Conditional basis of status (a) General: An alien spouse or an alien son or daughter, when acquiring the status of an alien lawfully admitted for permanent residence, acquires that status on a conditional basis as provided in this subchapter. (b) Notice Requirements: When an alien spouse or alien son or daughter acquires the status of an alien lawfully admitted for permanent residence on a conditional basis under subsection (a) of this section, the Attorney General shall notify the spouse, son, or daughter about this subchapter and the requirements of section 4503 of this title to have the conditional basis of the status removed. However, the failure of the Attorney General to provide notice does not affect the enforcement of this subchapter against the spouse, son, or daughter. Sec. 4503. General requirements to remove conditional basis To remove the conditional basis established under section 4502(a) of this title, the alien spouse and the petitioning spouse (if living)-- (1) jointly must submit to the Attorney General a petition requesting the removal of the conditional basis and containing, under penalty of perjury, the information required by section 4504(b) of this title; and (2) must appear before the Attorney General for a personal interview about the information required by section 4504(b). Sec. 4504. Petitions (a) Time for Submission: (1) Except as provided in paragraph (2) of this subsection, the petition required by section 4503(1) of this title must be submitted during the 90-day period immediately before the 2d anniversary that the alien acquired the status of an alien lawfully admitted for permanent residence. (2) A petition submitted after the 90-day period may be considered only if the alien satisfies the Attorney General that good cause and extenuating circumstances existed for not submitting the petition during that period. (3) The Attorney General may stay a deportation proceeding against an alien who did not submit a petition within the 90-day period required under paragraph (1) of this subsection pending the submission of the petition under paragraph (2) of this subsection. (4) At or about the beginning of the 90-day period, the Attorney General shall try to notify the alien spouse or alien son or daughter of the requirements of section 4503 of this title. However, the failure of the Attorney General to provide notice does not affect the enforcement of this subchapter against the spouse, son, or daughter. (b) Contents: Each petition shall contain the following information: (1) that the qualifying marriage-- (A) complied with the laws of the place where the marriage took place; (B) has not been annulled judicially or ended, except through the death of a spouse; and (C) was not entered into to procure the entry of an alien as an immigrant. (2) that no consideration was given, except to an attorney for assistance in preparing the petition, for filing under section 2309(b) or 4301(a) or (b) of this title a petition for an alien spouse or an alien son or daughter. (3) the actual residence of each party to the qualifying marriage since the date the alien spouse acquired the status of an alien lawfully admitted for permanent residence on a conditional basis under section 4502(a) of this title. (4) each employer and place of employment of each party since that date. Sec. 4505. Personal interviews (a) Time and Location Requirements: (1) The personal interview required by section 4503(2) of this title shall be conducted-- (A) within 90 days after the date a petition is submitted as required by section 4503(1) of this title; and (B) at a local office of the Immigration and Naturalization Service the Attorney General designates that is convenient to the parties involved. (2) The Attorney General may waive the interview or the deadline for the interview when appropriate. (b) Decisions on Truthfulness of Statements: Within 90 days after an interview is conducted as required by section 4503(2) of this title, the Attorney General shall decide whether the information in the petition and required by section 4504(b) of this title about the qualifying marriage is true. Sec. 4506. Favorable decisions on removing the conditional basis (a) Favorable Decisions: If the Attorney General decides the information required by section 4504(b) of this title is true, the Attorney General shall notify the parties involved and shall remove the conditional basis of the status of the parties effective on the 2d anniversary that the alien acquired the status of an alien lawfully admitted for permanent residence. (b) Hardship Waivers: (1) The Attorney General may remove the conditional basis of an alien spouse or alien son or daughter when the alien spouse does not comply with section 4503 of this title if the alien spouse or alien son or daughter shows that-- (A) extreme hardship would result if the alien spouse or alien son or daughter is deported; (B) the qualifying marriage was entered into in good faith by the alien spouse, but the marriage has been ended (except through the death of the spouse), and the alien spouse was not at fault in not complying with section 4503 of this title; or (C) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or alien son or daughter was battered by, or was the subject of extreme cruelty committed by, the spouse of the alien spouse or the citizen or permanent resident parent of the alien son or daughter, and the alien spouse was not at fault in not complying with section 4503 of this title. (2) When deciding whether extreme hardship would result, the Attorney General shall consider circumstances occurring only during the period the alien was lawfully admitted for permanent residence on a conditional basis. (3) When acting on a petition under this subsection, the Attorney General shall consider any credible evidence relevant to the petition. Only the Attorney General may decide what evidence is credible and the weight to be given that evidence. (4) The Attorney General shall establish by regulation ways to protect the confidentiality of information about an abused alien spouse or alien son or daughter, including information on the location of the spouse, son, or daughter. Sec. 4507. Unfavorable decisions on removing the conditional basis (a) Improper Qualifying Marriages: The Attorney General shall end, as of the date the Attorney General makes a decision under this subsection, the status of an alien spouse or alien son or daughter as an alien lawfully admitted for permanent residence and shall so notify the parties involved if, before the 2d anniversary of the date the alien acquired the status, the Attorney General decides that-- (1) the qualifying marriage-- (A) was entered into to procure an alien's entry as an immigrant; or (B) has been annulled judicially or ended, except through the death of a spouse; or (2) consideration was given, except to an attorney for assistance in preparing the petition, for filing a petition for the alien under section 2309(b) or 4301 (a) or (b) of this title. (b) Untrue Petition Information: If the Attorney General decides any information required by section 4504(b) of this title is not true, the Attorney General shall end, as of the date of the decision, the status of an alien spouse or alien son or daughter as an alien lawfully admitted for permanent residence and notify the parties involved. (c) Failure To File Petitions or Have Personal Interviews: The Attorney General shall end, as of the 2d anniversary of the alien's lawful admission for permanent residence, the status of an alien spouse or alien son or daughter as an alien lawfully admitted for permanent residence if-- (1) a petition is not submitted as required by section 4503(1) of this title; or (2) unless good cause is shown, the alien spouse and petitioning spouse do not appear at the interview required by section 4503(2) of this title. (d) Review of Decisions: (1) An alien whose permanent resident status is ended under subsection (a) or (b) of this section may request a review of the decision in a deportation proceeding. The burden of proof is on the Attorney General to establish by a preponderance of the evidence that-- (A) if ended under subsection (a) of this section, a ground described in subsection (a) is met; or (B) if ended under subsection (b) of this section, any information required by section 4504(b) of this title about the qualifying marriage is not true. (2) An alien whose permanent resident status is ended under subsection (c) of this section has the burden of proof in a deportation proceeding of establishing compliance with section 4503 of this title. Sec. 4508. Treatment of conditional basis period for naturalization purposes In carrying out subtitle V of this title, an alien who is in the United States as an alien lawfully admitted for permanent residence on a conditional basis under this subchapter is deemed to have been admitted and to be in the United States as an alien lawfully admitted for permanent residence. Sec. 4509. Ending waivers A waiver under section 6301(b) or 6307(b) of this title obtained by an alien to acquire the status of an alien lawfully admitted for permanent residence on a conditional basis under this subchapter ends when the status ends under this subchapter. SUBCHAPTER II--CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN Sec. 4521. Definitions In this subchapter-- (1) `alien child' means an alien who acquires the status of an alien lawfully admitted for permanent residence because the alien is the child of an alien entrepreneur. (2) `alien entrepreneur' means an alien who acquires the status of an alien lawfully admitted for permanent residence under section 4104(f) of this title. (3) `alien spouse' means an alien who acquires the status of an alien lawfully admitted for permanent residence because the alien is the spouse of an alien entrepreneur. Sec. 4522. Conditional basis of status (a) General: An alien entrepreneur, alien spouse, or alien child, when acquiring the status of an alien lawfully admitted for permanent residence, acquires that status on a conditional basis as provided in this subchapter. (b) Notice Requirements: When an alien entrepreneur, alien spouse, or alien child acquires the status of an alien lawfully admitted for permanent residence on a conditional basis under subsection (a) of this section, the Attorney General shall notify the entrepreneur, spouse, or child about this subchapter and the requirements of section 4523 of this title to have the conditional basis of the status removed. However, the failure of the Attorney General to provide notice does not affect the enforcement of this subchapter against the entrepreneur, spouse, or child. Sec. 4523. General requirements to remove conditional basis To remove the conditional basis established under section 4522(a) of this title, the alien entrepreneur must-- (1) submit to the Attorney General a petition requesting the removal of the conditional basis and containing, under penalty of perjury, the information described in section 4524(b) of this section; and (2) appear before the Attorney General for a personal interview about the information required by section 4524(b). Sec. 4524. Petitions (a) Time for Submission: (1) Except as provided in paragraph (2) of this subsection, the petition required by section 4523(1) of this title must be submitted during the 90-day period immediately before the 2d anniversary that the alien acquired the status of an alien lawfully admitted for permanent residence. (2) A petition submitted after the 90-day period may be considered only if the alien satisfies the Attorney General that good cause and extenuating circumstances exist for not submitting the petition during that period. (3) The Attorney General may stay a deportation proceeding against an alien who did not submit a petition within the 90-day period required under paragraph (1) of this subsection pending the submission of the petition under paragraph (2) of this subsection. (4) At or about the beginning of the 90-day period, the Attorney General shall try to notify the alien entrepreneur, alien spouse, or alien child of the requirements of section 4523 of this title. However, the failure of the Attorney General to provide notice does not affect the enforcement of this chapter against the entrepreneur, spouse, or child. (b) Contents: Each petition shall contain information demonstrating that the alien-- (1) established a commercial enterprise; (2) invested or was actively in the process of investing the required capital; and (3) conducted the actions described in clauses (1) and (2) of this subsection during the entire period of the alien's residence in the United States. Sec. 4525. Personal interviews (a) Time and Location Requirements: (1) The personal interview required by section 4523(2) of this title shall be conducted-- (A) within 90 days after the date a petition is submitted as required by section 4523(1) of this title; and (B) at a local office of the Immigration and Naturalization Service the Attorney General designates that is convenient to the parties involved. (2) The Attorney General may waive the interview or the deadline for the interview when appropriate. (b) Decisions on Truthfulness of Statements: Within 90 days after an interview is conducted under section 4523(2) of this title, the Attorney General shall decide whether the information in the petition and required by section 4524(b) of this title about the qualifying commercial enterprise is true. Sec. 4526. Favorable decisions on removing the conditional basis If the Attorney General decides the information required by section 4524(b) of this title is true, the Attorney General shall notify the alien involved and shall remove the conditional basis of the status of the alien effective on the 2d anniversary that the alien acquired the status of an alien lawfully admitted for permanent residence. Sec. 4527. Unfavorable decisions on removing the conditional basis (a) Improper Qualifying Entrepreneurships: The Attorney General shall end, as of the date the Attorney General makes a decision under this subsection, the status of an alien entrepreneur, alien spouse, and alien child as aliens lawfully admitted for permanent residence and shall so notify the alien entrepreneur if, before the 2d anniversary of the date the alien entrepreneur acquired the status, the Attorney General decides the alien entrepreneur-- (1) established the commercial enterprise only to evade the immigration laws of the United States; (2)(A) did not establish a commercial enterprise; (B) did not invest or was not actively in the process of investing the required capital; or (C) was not conducting the actions described in subclauses (A) and (B) of this clause during the entire period of the alien's residence in the United States; or (3) otherwise was not complying with the requirements of section 4104(f) of this title. (b) Untrue Petition Information: If the Attorney General decides any information required by section 4524(b) of this title is not true, the Attorney General shall end, as of the date of the decision, the status of an alien entrepreneur, alien spouse, or alien child as an alien lawfully admitted for permanent residence and notify the alien involved. (c) Failure To File Petitions or Have Personal Interviews: The Attorney General shall end, as of the 2d anniversary of the alien's lawful admission for permanent residence, the status of an alien entrepreneur as an alien lawfully admitted for permanent residence (and the status of the entrepreneur's spouse or child if acquired under section 4502(a) or 4522(a) of this title) if-- (1) a petition is not submitted as required by section 4523(1) of this title; or (2) unless good cause is shown, the alien entrepreneur does not appear at the interview required by section 4523(2) of this title. (d) Review of Decisions: (1) An alien whose permanent residence status is ended under subsection (a) or (b) of this section may request a review of the decision in a deportation proceeding. The burden of proof is on the Attorney General to establish by a preponderance of the evidence that-- (A) if ended under subsection (a) of this section, a ground described in subsection (a) is met; or (B) if ended under subsection (b) of this section, the information required by section 4524(b) of this title about the qualifying commercial enterprise is not true. (2) An alien whose permanent residence status is ended under subsection (c) of this section has the burden of proof in a deportation proceeding of establishing compliance with section 4523 of this title. Sec. 4528. Treatment of conditional basis period for naturalization purposes In carrying out subtitle V of this title, an alien who is in the United States as an alien lawfully admitted for permanent residence on a conditional basis under this subchapter is deemed to have been admitted and to be in the United States as an alien lawfully admitted for permanent residence. CHAPTER 47--ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF THE UNITED STATES Sec. 4701. Definitions and application. 4702. Validity and denial of visas. 4703. Admission. 4704. Rights, privileges, status, and benefits. 4705. Nonexclusive procedure for acquiring status. Sec. 4701. Definitions and application (a) Definitions: In this chapter-- (1) `child' has the same meaning given that term in section 108(a)(1)-(5) of this title. (2) `principal alien' means an alien born in Vietnam after January 1, 1962, and before January 1, 1976, and fathered by a citizen of the United States. (b) Application: This chapter applies to an alien who resided in Vietnam on December 22, 1987, and who satisfies a consular officer or an officer of the Immigration and Naturalization Service after a face-to-face interview that the alien is-- (1) a principal alien; (2) the spouse or child of a principal alien and is accompanying or following to join the principal alien; or (3) accompanying or following to join a principal alien and-- (A) is the natural mother of the principal alien or the spouse or child of the mother; or (B) has acted in effect as the principal alien's mother, father, or next-of-kin or is the spouse or child of the alien who has acted in that capacity. Sec. 4702. Validity and denial of visas (a) Validity: An immigrant visa issued under this chapter is valid for one year. (b) Denial of Visa: An immigrant visa may not be issued to an alien described in section 4701(b)(3) of this title unless the consular officer referred to in section 4701(b) of this title decides that the alien's relationship with the principal alien is similar to that which exists between close family members and the admission of the alien is necessary for humanitarian purposes or to ensure family unity. Sec. 4703. Admission (a) General: Notwithstanding any numerical limitations specified in chapter 41 of this title, the Attorney General may admit an alien described in section 4701(b) of this title to the United States as an immigrant if the alien-- (1) is admissible as an immigrant; and (2) is issued an immigrant visa and leaves Vietnam after March 21, 1988. (b) Nonapplication and Waiver: When deciding on an alien's admissibility as an immigrant under this chapter-- (1) sections 6304(a) and 6313(a)(2), (b), and (c) of this title do not apply; and (2) the Attorney General, on the recommendation of a consular officer after an investigation by the consular officer, on an individual basis may waive any other provision of subchapter I of chapter 63 of this title (except sections 6307(a)(3), 6308(a)-(c), and 6309) in writing for the alien for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest. Sec. 4704. Rights, privileges, status, and benefits (a) Rights, Privileges, and Status: The natural mother of the principal alien may not acquire any right, privilege, or status under this title because of that parentage after an alien described in section 4701(b)(3)(B) of this title is admitted to the United States. (b) Eligibility for Benefits: (1) An alien admitted (or awaiting admission) to the United States under this chapter is eligible for benefits under subchapter I of chapter 131 of this title to the same extent as an individual admitted (or awaiting admisison) under section 5105 of this title. (2) Paragraph (1) of this subsection applies to an individual who leaves Vietnam after October 1, 1988, and-- (A) is described in section 4701(b) of this section but is issued an immigrant visa-- (i) under section 4103 of this title; or (ii) because the individual is an alien described in section 4102(d) of this title rather than an alien referred to in section 4102(a), (b), or (c) of this title; or (B) would be described in section 4701(b) of this title if section 4701(b) also applied to principal aliens who were citizens of the United States. Sec. 4705. Nonexclusive procedure for acquiring status An alien eligible under this chapter to acquire the status of an alien lawfully admitted for permanent residence is not barred from seeking that status under any other provision of law under which the alien is eligible. CHAPTER 49--MISCELLANEOUS Sec. 4901. Eligibility for visa after departing the United States. 4902. Deposit of immigrant visa fees. 4901. Eligibility for visa after departing the United States (a) General: An alien who has been physically present in the United States is eligible to receive an immigrant visa within 90 days after departing the United States if the alien-- (1) was a lawful nonimmigrant at the time of the departure; or (2)(A) is the spouse or unmarried child of an individual who at any time became lawfully admitted for temporary or permanent residence under chapter 93 of this title, section 210 of the Immigration and Nationality Act (ch. 477, 66 Stat. 163), or section 202 of the Immigration Reform and Control Act of 1986 (Public Law 99-603, 100 Stat. 3404); (B) was the spouse or unmarried child of that individual on May 5, 1988; (C) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and (D) applied for benefits under section 301(a) of the Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029). (b) Ending date: This section ends on October 1, 1997. Sec. 4902. Deposit of immigrant visa fees Receipts received from an increase in the fee for an immigrant visa in effect on September 30, 1994, caused by processing an applicant's fingerprints shall be deposited in the Administration of Foreign Affairs Account as offsetting receipts and are available until expended. PART C--REFUGEES CHAPTER 51--ADMISSIONS Sec. 5101. Definition. 5102. Annual worldwide numerical limitations. 5103. Additional emergency numerical limitations. 5104. Congressional consultation and hearings. 5105. Admissions. 5106. Asylum. 5107. Adjustment of status. Sec. 5101. Definition (a) Appropriate Consultation: In this chapter, `appropriate consultation' means discussions in person between Cabinet-level representatives of the President and members of the Committees on the Judiciary of the Senate and House of Representatives on refugee admissions and the allocation of refugee admissions that-- (1) review the worldwide refugee situation or an unforeseen emergency refugee situation and estimate possible United States participation in the situation; (2) consider the reasons for believing that the proposed admissions are justified by humanitarian concerns or grave humanitarian concerns or otherwise are in the interest of the United States; and (3) provide the members with-- (A) a description of the nature of the refugee situation; (B) a description of the number and allocation of the refugees to be admitted and an analysis of conditions in the foreign countries from which they came; (C) a description of the proposed plans and estimated cost of moving and resettling the refugees; (D) an analysis of the anticipated social, economic, and demographic impact of the refugee admissions on the United States; (E) a description of the extent to which other foreign countries will admit and assist in resettling the refugees; (F) an analysis of the impact of United States participation in the resettlement of the refugees on the foreign policy interests of the United States; and (G) additional information that may be appropriate or requested by the members. (b) Providing Information in Advance: To the extent possible, information described in subsection (a)(3) of this section shall be provided at least 2 weeks before the discussions in person between the representatives of the President and the members. Sec. 5102. Annual worldwide numerical limitations Before the beginning of each fiscal year and after appropriate consultation, the President shall establish for the fiscal year the number of refugee admissions to the United States justified by humanitarian concerns or otherwise in the interest of the United States. In stating that number, the President also shall state the number of aliens granted asylum during the prior fiscal year. After appropriate consultation, the President shall allocate admissions among refugees of special humanitarian concern to the United States. Sec. 5103. Additional emergency numerical limitations (a) Establishment of Number: As provided in this section, the President may establish an additional number of refugee admissions to the United States for a succeeding period of not more than 12 months. The President may establish the additional number when the President decides, before the beginning of the period and after appropriate consultation, that-- (1) an unforeseen emergency refugee situation exists; (2) the admission of certain refugees in response to the situation is justified by grave humanitarian concerns or otherwise is in the interest of the United States; and (3) the admission of the refugees cannot be carried out under section 5102 of this title. (b) Allocation: After appropriate consultation, the President shall allocate the admissions under subsection (a) of this section among refugees of special humanitarian concern to the United States. Sec. 5104. Congressional consultation and hearings (a) Presidential Reports and Discussions: Before the beginning of each fiscal year, the President shall report to the Committees on the Judiciary of the Senate and House of Representatives on the foreseeable number of refugees who will need resettlement during the fiscal year and the anticipated allocation of refugee admissions during that year. The President shall provide for periodic discussions between representatives of the President and members of the Committees on-- (1) changes in the worldwide refugee situation; (2) the progress of refugee admissions; and (3) the possible need for changes in the allocation of admissions among refugees. (b) Printing in Congressional Record: As soon as possible after representatives of the President initiate appropriate consultation on the number of refugee admissions under section 5102 or 5103 of this title, the Committees shall have the substance of the consultations printed in the Congressional Record. (c) Committee Hearings: After the President begins appropriate consultation before acting under section 5102 or 5103 of this title, each Committee shall hold a hearing to review the proposed action unless-- (1) public disclosure of the details of the action would jeopardize the lives or safety of individuals; and (2) if an action under section 5103, the time and nature of the emergency refugee situation do not permit hearings. Sec. 5105. Admissions (a) Authority of the Attorney General: The Attorney General may admit a refugee under regulations the Attorney General prescribes and subject to the numerical limitations of sections 5102 and 5103 of this title. The Attorney General may admit the refugee when the refugee is-- (1) not resettled firmly in a foreign country; (2) admissible (except as otherwise provided under subsections (d) and (e) of this section) as an immigrant under this title; and (3) of special humanitarian concern to the United States. (b) Burden of Proof: An alien claiming refugee status has the burden of proving that the alien is entitled to that status. (c) Admission of Spouses and Children: (1) The spouse or child (as defined in section 108(a)(1)-(5) of this title) of a refugee qualifying for admission under subsection (a) of this section is entitled to be admitted the same as the refugee if the spouse or child is-- (A) accompanying or following to join the refugee; (B) not an individual referred to in section 132(2) of this title; (C) not admissible under subsection (a) of this section; and (D) admissible (except as otherwise provided under subsections (d) and (e) of this section) as an immigrant under this title. (2) The admission of the spouse or child shall be charged against the numerical limitation under which the refugee's admission is charged. (d) Nonapplication: Sections 6304(a) and 6313(a)(2), (b), and (c) of this title do not apply to an alien applying for admission under this section. (e) Waivers: (1) The Attorney General may waive subchapter I of chapter 63 of this title (except sections 6307(a)(3), 6308(a)-(c), and 6309) for the alien-- (A) for humanitarian purposes; (B) to ensure family unity; or (C) when otherwise in the public interest. (2) A waiver under paragraph (1) of this subsection shall be in writing and granted only after an investigation of the alien. The Attorney General shall report to Congress after the end of each fiscal year on the number of waivers granted in that fiscal year and a summary of the reasons for granting the waivers. (f) Certain Cuban Political Prisoners: (1) In this subsection, `process' means accepting and reviewing an application and preparing necessary documents and making appropriate decisions related to the application. (2) Consistent with the procedure applicable to similar cases in other foreign countries, and except as necessary to ensure the orderly process of available applicants, consular officers and the Attorney General shall process an application for admission to the United States as a refugee from a Cuban national imprisoned for political reasons by the Cuban Government for any period of time after December 31, 1958. (g) Ending Refugee Status: Under regulations the Attorney General prescribes, the Attorney General may end the refugee status of an alien and the spouse and child of the alien on finding that the alien was not a refugee at the time of the alien's admission. Sec. 5106. Asylum (a) Applications for, and Granting, Asylum: The Attorney General shall prescribe a procedure for an alien physically present in the United States or at a land border or port of entry, regardless of the alien's status, to apply for asylum. If the Attorney General decides that the alien is a refugee as defined in section 132(1)(A) of this title, the Attorney General may grant asylum to the alien. However, an alien convicted of an aggravated felony may not apply for, or be granted, asylum. (b) Ending Asylum: Under regulations the Attorney General prescribes, the Attorney General may end asylum granted under subsection (a) of this section if the Attorney General decides that the alien is no longer a refugee as defined in section 132(1)(A) of this title because of a change in circumstances-- (1) in the alien's country of nationality; or (2) if the alien has no nationality, in the country in which the alien last habitually resided. (c) Granting Asylum to Spouses and Children: The spouse or child (as defined in section 108(a)(1)-(5) of this title) of an alien granted asylum under subsection (a) of this section may be granted asylum under subsection (a) if the spouse or child-- (1) is accompanying or following to join the alien; and (2) may not be granted asylum otherwise under subsection (a) of this section. (d) Employment Authorization: An applicant for asylum is entitled to employment authorization only as the Attorney General may provide by regulation. (e) Expedited Deportation for Denied Asylum Applications: (1) The Attorney General may provide for the expeditious adjudication of asylum claims and, unless an applicant for asylum remains in an otherwise valid nonimmigrant status, the expeditious deportation of asylum applicants whose applications have been denied finally. (2) Not more than the following amounts may be appropriated to the Attorney General to carry out this subsection: (A) $64,000,000 for the fiscal year ending September 30, 1995. (B) $90,000,000 for the fiscal year ending September 30, 1996. (C) $93,000,000 for the fiscal year ending September 30, 1997. (D) $91,000,000 for the fiscal year ending September 30, 1998. Sec. 5107. Adjustment of status (a) Inspection and Examination of Refugees for Admission as Immigrants: (1) An alien admitted as a refugee under section 5105 of this title and physically present in the United States for at least one year shall return or be returned to the custody of the Attorney General at the end of the year for inspection and examination for admission as an immigrant under sections 6103, 6331, and 6332 of this title if-- (A) the refugee's status as a refugee has not been ended by the Attorney General; and (B) the refugee has not been lawfully admitted for permanent residence. (2) A refugee found to be admissible (except as otherwise provided under subsections (d)(2) and (e) of this section) as an immigrant under this title at the time of the refugee's inspection and examination under paragraph (1) of this subsection shall be lawfully admitted for permanent residence as of the date of the refugee's arrival in the United States. Admission is without regard to the numerical limitations of this title. (b) Aliens Granted Asylum: (1) Under regulations the Attorney General prescribes, not more than 10,000 of the refugee admissions authorized in a fiscal year under section 5102 of this title may be made available by the Attorney General to adjust the status of aliens granted asylum under section 5106 of this title to that of aliens lawfully admitted for permanent residence. The status of an alien may be adjusted when the alien-- (A) applies for the adjustment; (B) has been physically present in the United States for at least one year after being granted asylum; (C) continues to be a refugee as required by section 5106 of this title or a spouse or child of the refugee; (D) is not resettled firmly in a foreign country; and (E) is admissible (except as otherwise provided under subsections (d)(2) and (e) of this section) as an immigrant under this title at the time of examination for the adjustment. (2) On approval of an application under paragraph (1) of this subsection, the Attorney General shall record the lawful admission for permanent residence of the alien as of the date one year before the date of approval. (c) Certain Former Asylees: (1) Except as provided in paragraph (2) of this subsection and subsection (d)(1) of this section, subsection (b) of this section applies to an alien granted asylum before November 29, 1990 (even if asylum had been ended under section 5106(b) of this title) who-- (A) is no longer a refugee because of a change in circumstances in a foreign country; and (B) was or would be qualified for adjustment of status under subsection (b) on November 29, 1990, except for subsection (b)(1)(B) and (C) and the numerical limitation under subsection (b). (2) The number of aliens who are natives of a foreign country who may adjust their status under paragraph (1) of this subsection in a fiscal year may not be more than the difference between the foreign country limitation established under section 4110(a) of this title and the number of aliens chargeable to the country in the fiscal year under section 4111 of this title. (d) Nonapplication: (1) The numerical limitation of subsection (b) of this section does not apply to an alien described in subsection (c) of this section or to an alien who applied for adjustment of status under subsection (b) before June 2, 1990. (2) Sections 6304(a) and 6313(a)(2), (b), and (c) of this title do not apply to an alien seeking adjustment of status under this section. (e) Waiver: The Attorney General may waive subchapter I of chapter 63 of this title (except sections 6307(a)(3), 6308(a)-(c), and 6309) for an alien-- (1) for humanitarian purposes; (2) to ensure family unity; or (3) when otherwise in the public interest. PART D--ENTRY, EXCLUSION, AND DEPORTATION CHAPTER 61--ARRIVAL, INSPECTION, AND ADMISSION SUBCHAPTER I--GENERAL Sec. 6101. Time and place of entry. 6102. Presentation of documentation. 6103. Inspection of arriving individuals. 6104. Physical and mental examinations of arriving aliens. 6105. Custody pending decisions on excluding aliens convicted of aggravated felonies. 6106. Presidential authority to limit entry of aliens. 6107. Denial of admission of United Nations representatives because of espionage. SUBCHAPTER II--ADMISSION OF CERTAIN ALIENS 6121. Lawfully admitted aliens returning after temporary absence. 6122. Temporary admission of excludable nonimmigrants. 6123. Temporary parole. 6124. Accredited officials of foreign governments. 6125. Alien witnesses. SUBCHAPTER I--GENERAL Sec. 6101. Time and place of entry An alien may enter the United States only at the time and place designated by an immigration officer. Sec. 6102. Presentation of documentation (a) Immigrant Arrivals: An alien arriving in the United States as an immigrant shall surrender the alien's immigrant visa to the immigration officer at the port of entry. The immigration officer shall endorse on the visa-- (1) the date and the port of arrival; (2) the identity of the vessel, aircraft, or other means of transportation; and (3) other information required by regulation. (b) Nonimmigrant Arrivals: (1) Except as provided in paragraph (2) of this subsection, an alien arriving in the United States as a nonimmigrant shall present or surrender to the immigration officer at the port of entry documentation required by regulation. (2) An alien arriving in the United States as a nonimmigrant crewmember with a passport and no other documentation may be admitted until it is practicable to issue documentation to the alien if-- (A) the name of the crewmember is on the crew list of the vessel or aircraft on which the crewmember arrives; (B) a consular officer visas the crew list (but the consular officer may exclude a crewmember from the crew list visa); and (C) the alien is otherwise admissible. (c) Records of Admission: The Attorney General shall file-- (1) as a record of an alien's admission, an immigrant visa surrendered by the alien under subsection (a) of this section; and (2) a record of entry into the United States that the Attorney General considers necessary to enforce the immigration laws, on the admission of-- (A) a returning resident immigrant under section 4311(b) of this title; and (B) a nonimmigrant. Sec. 6103. Inspection of arriving individuals (a) General Authority: An immigration officer may inspect an individual arriving in the United States to decide whether the individual is admissible. (b) Statements Under Oath: An individual arriving in the United States may be required to state under oath-- (1) the individual's purpose in coming to the United States; (2) the period the individual intends to remain in the United States; (3) whether, if an alien, the individual intends to become a citizen of the United States; and (4) additional information to assist the immigration officer in deciding whether the individual is a national of the United States or an alien, and if an alien, whether the individual is excludable. (c) Aliens Suspected of Being Excludable Because of Health: If an alien arriving in the United States is suspected of being excludable under section 6302(a) of this title, an immigration officer shall detain the alien for a sufficient time to have the alien undergo a physical and mental examination under section 6104 of this title. (d) Detention for Proceeding Before Immigration Judge: (1) Except as provided in paragraph (2) of this subsection, an alien shall be detained for a proceeding before an immigration judge under section 6331 of this title if-- (A) the immigration officer has any doubt about the alien's admissibility; or (B) another immigration officer challenges the first immigration officer's decision to admit the alien. (2) Paragraph (1) of this subsection does not apply to an alien who is-- (A) a crewmember; (B) a stowaway; or (C) excluded from admission under subsection (e) of this section. (e) Aliens Dangerous to National Security: (1) If an immigration officer or an immigration judge suspects that an alien may be excludable under section 6308(a)(1)-(3), (b), or (c) of this title, the officer or judge shall exclude the alien temporarily from admission and report the exclusion to the Attorney General. No further inquiry may be conducted until ordered by the Attorney General. The alien or the alien's representative may submit a written statement and additional information for consideration by the Attorney General. (2) The Attorney General may order the alien excluded and deported without further inquiry by an immigration judge if the Attorney General-- (A) is satisfied on the basis of confidential information that the alien is excludable under section 6308(a)(1)-(3), (b), or (c) of this title; and (B) after consulting with appropriate security agencies of the United States Government, concludes that disclosure of the information would be prejudicial to the public interest, safety, or security. Sec. 6104. Physical and mental examinations of arriving aliens (a) Examinations by Medical Officers: Except as provided in subsection (c) of this section, a physical and medical examination required under section 6103(c) of this title shall be conducted by a medical officer of the Public Health Service. The medical officer shall certify, for the information of immigration officers and immigration judges, any observation by the medical officer that an alien-- (1) has a condition described in section 6302(a) of this title; or (2) is helpless because of sickness, physical or mental disability, or infancy. (b) Officers Trained in Mental Examinations: Medical officers of the Public Health Service, specially trained in diagnosing mental disorders, shall be assigned to ports of entry designated by the Attorney General. The Attorney General shall provide those medical officers with interpreters and suitable facilities for the detention and examination of arriving aliens suspected of being excludable under section 6302(a) of this title. (c) Use of Private and Military Physicians: If a medical officer of the Public Health Service is not available to conduct an examination under subsection (a) of this section, the Attorney General may obtain, on terms the Attorney General prescribes, the services of-- (1) a private physician with at least 4 years of professional experience; or (2) if the alien to be examined is a special immigrant as defined in section 134(a)(13) of this title, a physician of the armed forces of the United States with at least 4 years of professional experience. (d) Examinations Conducted Under Regulations: Examinations under this section shall be conducted under administrative regulations prescribed by the Attorney General and medical regulations prescribed by the Secretary of Health and Human Services. (e) Appeal of Certification: An alien certified under this section as having a condition described in section 6302(a) of this title may appeal the certification to a board of medical officers of the Public Health Service convened by the Secretary. The alien may present before the board, at the alien's expense, one expert medical witness. Sec. 6105. Custody pending decisions on excluding aliens convicted of aggravated felonies (a) Custody: Pending a decision on excludability, the Attorney General shall take into custody an alien convicted of an aggravated felony when the alien is released (whether the alien is released on parole, supervised release, or probation or may be arrested or imprisoned again for the same offense). (b) Release from Custody: The Attorney General may release an alien taken into custody under subsection (a) of this section only if-- (1) the Attorney General decides that the alien may not be deported because the condition described in section 4313(f) of this title exists; and (2)(A) a procedure has been established for reviewing each request for release under this subsection; (B) the procedure includes consideration of the severity of the felony committed; and (C) the review concludes that the alien will not pose a danger to the safety of other individuals or to property. Sec. 6106. Presidential authority to limit entry of aliens (a) Suspending or Restricting Entry of Certain Aliens or Classes of Aliens: When the President finds that the entry of aliens or a class of aliens into the United States would be detrimental to the interests of the United States, the President, by proclamation, may suspend the entry of all aliens or a class of aliens or impose restrictions on their entry, for any period the President considers necessary. (b) Barring Entry of Immediate Relatives and Business Partners of Drug Traffickers: The President shall take all reasonable steps provided by law to ensure that the immediate relatives of an individual described in section 487(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291f(a)), and the business partners of an individual or entity described in section 487(a), are not permitted entry into the United States. Sec. 6107. Denial of admission of United Nations representatives because of espionage The President shall use the authority of the President, including the authority contained in section 6 of the Joint Resolution of August 4, 1947 (ch. 482, 61 Stat. 767) (known as the United Nations Headquarters Agreement Act), to deny admission of an individual to the United States as a representative to the United Nations if the President decides that the individual has been found to have been engaged in espionage activities directed against the United States or its allies and may pose a threat to the security interests of the United States. The President may waive this section if the President decides, and notifies Congress, that the waiver is in the security interests of the United States. SUBCHAPTER II--ADMISSION OF CERTAIN ALIENS Sec. 6121. Lawfully admitted aliens returning after temporary absence (a) General: The Attorney General may admit an alien who is lawfully admitted for permanent residence and returning after a temporary absence, without regard to section 4311(a) or subchapter I of chapter 63 of this title (except sections 6308, 6309, and 6312), if the alien-- (1) left the United States voluntarily and not under an order of deportation; and (2) is returning to a lawful unrelinquished domicile of 7 consecutive years. (b) Other Authority Not Limited: Subsection (a) of this section does not limit the authority of the Attorney General under section 4311(b) of this title. (c) Nonapplication to Certain Felons: Subsection (a) of this section does not apply to an alien who has been convicted of, and has served a total term of imprisonment of at least 5 years for, one or more aggravated felonies. Sec. 6122. Temporary admission of excludable nonimmigrants (a) Issuing Nonimmigrant Visas: An alien applying for a nonimmigrant visa who a consular officer believes is ineligible for a visa under subchapter I of chapter 63 of this title (except sections 6308(a)(1), (3), and (4) and (c), 6309, and 6313(a)(1)) may be issued a nonimmigrant visa and admitted temporarily as a nonimmigrant if the Attorney General approves a recommendation by the officer or the Secretary of State that the alien be admitted temporarily despite the alien's excludability. (b) Admissions: An alien excludable under subchapter I of chapter 63 of this title (except sections 6308(a)(1), (3), and (4) and (c), 6309, and 6313(a)(1)) may be admitted temporarily as a nonimmigrant if the alien-- (1) has the appropriate documentation; or (2) is granted a waiver of the documentation requirements. (c) Conditions To Control Admission and Return: The Attorney General shall prescribe conditions, including filing a bond as necessary, to control the admission and return of aliens applying for admission under this section. Sec. 6123. Temporary parole (a) General: Except as provided in section 2305(c) of this title, the Attorney General, for an emergency or other reasons strictly in the public interest, may parole temporarily into the United States an alien applying for admission. However, if the alien is a refugee, the Attorney General may parole the alien only if the Attorney General finds compelling reasons in the public interest requiring the alien to be paroled instead of admitted as a refugee. Parole of an alien under this section-- (1) is subject to conditions the Attorney General may prescribe; and (2) is not an admission to the United States. (b) End of Parole: When the Attorney General is of the opinion that the purposes of the parole have been served, the alien immediately shall return or be returned to the custody from which the alien was paroled. Thereafter, the alien's application for admission shall continue to be considered in the same way as the application of any other alien for admission. Sec. 6124. Accredited officials of foreign governments On a reciprocal basis, an accredited official of a government of a foreign country, and the official's immediate family, attendants, servants, and personal employees, may be admitted for immediate and continuous transit through the United States without regard to subchapter I of chapter 63 of this title (except sections 6308(a)-(c) and 6313(a)(1)). Sec. 6125. Alien witnesses (a) Waivers: The Attorney General may waive the requirements of section 2121(a) of this title and the grounds of exclusion in subchapter I of chapter 63 of this title (except section 6309) for an alien applying as a nonimmigrant classified under section 2326 of this title if the Attorney General considers it in the national interest to do so. (b) Deportation for Nondisclosure or Subsequent Conduct: This section does not prevent deportation of an alien admitted as a nonimmigrant classified under section 2326 of this title for-- (1) conduct or a condition that was not disclosed to the Attorney General before the alien's admission as a nonimmigrant classified under that section; or (2) conduct committed after the alien's admission into the United States. CHAPTER 63--VISA INELIGIBILITY AND EXCLUSION SUBCHAPTER I--GROUNDS Sec. 6301. Fraud and misrepresentation. 6302. Health. 6303. Protection and guardianship of aliens excluded for health or infancy. 6304. Public charges. 6305. Stowaways. 6306. Encouraging others to enter illegally. 6307. Criminal and immoral acts. 6308. National security. 6309. Participation in Nazi persecution or genocide. 6310. Prior deportation or removal. 6311. Ineligibility for citizenship and evasion of military service. 6312. International child abduction. 6313. Noncompliance with documentation requirements. 6314. Application of exclusions to aliens leaving Guam, Puerto Rico, or the Virgin Islands. SUBCHAPTER II--PROCEDURE 6331. Exclusion proceedings. 6332. Administrative appeals. 6333. Right to counsel. 6334. Judicial review. 6335. Deportation of excluded aliens. 6336. Costs of deporting excluded aliens. SUBCHAPTER I--GROUNDS Sec. 6301. Fraud and misrepresentation (a) General: An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien-- (1) by fraud or willful misrepresentation of a material fact obtained, or attempted or attempts to obtain, a visa, other documentation, entry into the United States, or another benefit under this title (except subchapter I of chapter 5, subchapters II and III of chapter 131, and chapters 133-137); or (2) is the subject of a final order for violation of section 10125(b) of this title. (b) Waivers: The Attorney General may waive subsection (a)(1) of this section for an immigrant if-- (1) the immigrant is the spouse, parent, son, or daughter of a citizen of the United States or of an immigrant lawfully admitted for permanent residence; or (2) the fraud or misrepresentation occurred at least 10 years before the date of the immigrant's application for a visa, entry, or adjustment of status and the Attorney General is satisfied that the immigrant's admission would not be contrary to the welfare, safety, or security of the United States. Sec. 6302. Health (a) General: An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien is found-- (1) under regulations prescribed by the Secretary of Health and Human Services, to have a communicable disease of public health significance or to be infected with the etiologic agent for acquired immune deficiency syndrome; (2) under regulations prescribed by the Secretary in consultation with the Attorney General-- (A) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others; or (B) to have had a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to the property, safety, or welfare of the alien or others and is likely to recur or to lead to other harmful behavior; or (3) under regulations prescribed by the Secretary, to be a drug abuser or addict. (b) Waivers: (1) The Attorney General may waive-- (A) subsection (a)(1) of this section for an alien who-- (i) is the spouse, unmarried son, unmarried daughter, or adopted child of a citizen of the United States, of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa; or (ii) has a son or daughter who is a citizen of the United States, an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; or (B) subsection (a)(2) of this section for any alien. (2) A waiver under this subsection is subject to any conditions, including filing a bond, that the Attorney General may prescribe by regulation after consultation with the Secretary. Sec. 6303. Protection and guardianship of aliens excluded for health or infancy An alien is ineligible for a visa and shall be excluded from admission to the United States if-- (1) the alien is accompanying another alien ordered excluded and deported and certified to be helpless because of sickness, physical or mental disability, or infancy under section 6104(a) of this title; and (2) the alien's protection or guardianship is required by the alien ordered excluded and deported. Sec. 6304. Public charges (a) General: An alien is ineligible for a visa and shall be excluded from admission to the United States if the consular officer believes, at the time of the application for a visa, or the Attorney General believes, at the time of the application for admission or adjustment of status, that the alien is likely at any time to become a public charge. (b) Admission on Bond: (1) The Attorney General may admit an alien excludable under subsection (a) of this section if the alien is otherwise admissible and files a bond approved by the Attorney General. The bond shall-- (A) be in an amount and contain conditions the Attorney General prescribes; and (B) be for the benefit of the United States, States, territories and possessions of the United States, and political subdivisions, holding them harmless against the alien's becoming a public charge. (2) When the alien permanently leaves the United States, is naturalized, or dies, the bond ends and the security held to secure performance, except to the extent forfeited for a violation of the bond, shall be returned to the person providing it or to the person's legal representative. (3) The Attorney General may bring a civil action on the bond in the name of the United States for the benefit of the United States or of a State, territory, possession, or political subdivision in which the alien is a public charge, regardless of whether a demand for payment of public expenses has been made. Sec. 6305. Stowaways An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien is a stowaway. Sec. 6306. Encouraging others to enter illegally (a) General: An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien at any time knowingly encouraged, induced, or assisted another alien to enter or attempt to enter the United States in violation of law. (b) Nonapplication: Subsection (a) of this section does not apply to an alien who-- (1) is an eligible immigrant (as defined in section 301(b) of the Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029)); (2) was physically present in the United States on May 5, 1988; (3) is seeking-- (A) admission as an immediate relative; (B) admission under section 4103(c) of this title (including under section 112 of the Immigration Act of 1990 (Public Law 101-649, 104 Stat. 4987)); or (C) benefits under section 301(a) of that Act (104 Stat. 5029); and (4) before May 5, 1988, encouraged, induced, or assisted only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. (c) Waivers: The Attorney General may waive subsection (a) of this section for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest, for an alien who-- (1)(A) is lawfully admitted for permanent residence, temporarily left the United States voluntarily and not under an order of deportation, and is otherwise admissible as a returning resident under section 4311(b) of this title; or (B) is seeking admission or adjustment of status as an immediate relative or immigrant under section 4103(b), (c), or (d) of this title; and (2) has encouraged, induced, or assisted only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. Sec. 6307. Criminal and immoral acts (a) General: Each of the following aliens is ineligible for a visa and shall be excluded from admission to the United States: (1) an alien who has been convicted of, admits having committed, or admits having committed acts that are the essential elements of, an offense involving moral turpitude (except a purely political offense) or an attempt or conspiracy to commit such an offense, but this clause does not apply to an alien who has committed only one offense if-- (A) the alien committed the offense when less than 18 years of age, and committed the offense and was released from any confinement to a correctional institution imposed for the offense more than 5 years before applying for a visa or other documentation and for admission; or (B) the maximum imprisonment for the offense was not more than one year and the alien was not sentenced to more than 6 months, regardless of the extent to which the sentence was finally executed. (2) an alien who has been convicted of, admits having committed, or admits having committed acts that are the essential elements of, a violation of, or an attempt or conspiracy to violate, a law or regulation of a State, the United States, or a foreign country related to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). (3) an alien who a consular officer or an immigration officer knows or reasonably believes is or has been-- (A) unlawfully trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or (B) knowingly assisting, abetting, conspiring, or colluding with others in unlawfully trafficking in such a controlled substance. (4) an alien who has been convicted of at least 2 offenses (except purely political offenses) for which the total sentences to confinement actually imposed were at least 5 years, regardless of whether-- (A) the convictions were in a single trial; (B) the offenses arose from a single scheme of misconduct; or (C) the offenses involved moral turpitude. (5) an alien who-- (A) is coming to the United States only, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of applying for a visa, admission, or adjustment of status; (B)(i) procures or attempts to procure individuals for prostitution; (ii) within that 10-year period, procured or attempted to procure or to import individuals for prostitution; or (iii) receives or, within that 10-year period, received any part of the proceeds of prostitution; or (C) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution. (6) an alien who is coming to the United States to practice polygamy. (7) an alien-- (A) who has committed in the United States at any time-- (i) a felony; (ii) a crime of violence (as defined in section 16 of title 18); or (iii) an offense of reckless driving or driving when intoxicated or under the influence of alcohol or a prohibited substance if the offense involved personal injury to another; (B) for whom immunity from criminal jurisdiction was exercised for that offense; (C) who as a consequence of the offense and exercise of immunity has left the United States; and (D) who subsequently has not submitted completely to the jurisdiction of the court in the United States having jurisdiction of that offense. (b) Waivers: The Attorney General may waive subsection (a)(1), (4), (5), or (7) of this section, or subsection (a)(2) of this section for a single offense of simple possession of not more than 30 grams of marijuana, for an immigrant if-- (1)(A) the Attorney General is satisfied that-- (i) the immigrant is excludable only under subsection (a)(5) (A) or (B) of this section or the activities for which the immigrant is excludable occurred more than 15 years before the date of the immigrant's application for a visa, admission, or adjustment of status; (ii) the immigrant's admission would not be contrary to the welfare, safety, or security of the United States; and (iii) the immigrant has been rehabilitated; or (B) the immigrant is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted for permanent residence and the Attorney General is satisfied that the immigrant's exclusion would result in extreme hardship to the citizen or to the alien lawfully admitted for permanent residence; (2) the Attorney General consents (subject to conditions and procedures the Attorney General may prescribe by regulation) to the immigrant's applying or reapplying for a visa, admission, or adjustment of status; and (3) the immigrant has not been convicted of, or admitted committing acts that constitute, murder or a criminal act involving torture or an attempt or conspiracy to commit murder or a criminal act involving torture. Sec. 6308. National security (a) General: An alien is ineligible for a visa and shall be excluded from admission to the United States if a consular officer or the Attorney General knows or reasonably believes that the alien seeks to enter the United States to engage only, principally, or incidentally in-- (1) an activity to violate a law of the United States related to espionage or sabotage; (2) an activity to violate or evade a law prohibiting the export from the United States of goods, technology, or sensitive information; (3) an activity a purpose of which is to oppose, control, or overthrow the United States Government by force, violence, or other unlawful means; or (4) any other unlawful activity. (b) Terrorist Activities: (1) In this subsection-- (A) `terrorist activity' means an activity that is unlawful under the laws of the place where the activity is committed or that, if committed in the United States, would be unlawful under the laws of the United States or any State, and that involves-- (i) highjacking or sabotaging a vessel, aircraft, vehicle, or other conveyance; (ii) seizing or detaining, and threatening to kill, injure, or continue to detain, another individual to compel a third person (including a governmental entity) to do or abstain from doing an act as an explicit or implicit condition for the release of the individual seized or detained; (iii) a violent attack on an internationally protected person (as defined in section 1116(b)(4) of title 18) or on the liberty of such a person; (iv) an assassination; (v) the use, with intent to endanger the safety of an individual or to cause substantial damage to property, of a biological agent, chemical agent, nuclear weapon or device, or, except only for personal monetary gain, an explosive or firearm; or (vi) a threat, attempt, or conspiracy to do an activity described in subclauses (i)-(v) of this clause. (B) `engage in terrorist activity' means to commit, in an individual capacity or as a member of an organization, a terrorist activity or an act that the actor knows or reasonably should know gives material support to an individual, organization, or government in conducting a terrorist activity at any time, including-- (i) preparing or planning a terrorist activity; (ii) gathering information on potential targets for terrorist activity; (iii) providing any type of material support, including a safe house, transportation, communication, money, false identification, weapon, explosive, or training, to an individual the actor knows or reasonably should know has committed or plans to commit a terrorist activity; (iv) soliciting money or another thing of value for a terrorist activity or a terrorist organization; or (v) soliciting an individual for membership in a terrorist organization or terrorist government or to engage in a terrorist activity. (C) an alien who is an officer, official, representative, or spokesperson of the Palestine Liberation Organization is deemed under subparagraph (B) of this paragraph to be engaged in a terrorist activity. (2) An alien is ineligible for a visa and shall be excluded from admission to the United States if-- (A) the alien has engaged in a terrorist activity; or (B) a consular officer or the Attorney General knows or reasonably believes that the alien is likely to engage in a terrorist activity after entry. (c) Foreign Policy: (1) An alien is ineligible for a visa and shall be excluded from admission to the United States if the Secretary of State reasonably believes that the alien's entry or proposed activities in the United States would have potentially serious adverse foreign policy consequences for the United States. (2) An alien who is an official of a government of a foreign country or a purported government, or who is a candidate for election to a government office of a foreign country during the period immediately before the election for that office, may not be excluded or subject to restrictions or conditions on entry under paragraph (1) of this subsection only because of the alien's past, current, or expected beliefs, statements, or associations, if the beliefs, statements, or associations would be lawful in the United States. (3) An alien not described in paragraph (2) of this subsection may not be excluded or subject to restrictions or conditions on entry under paragraph (1) of this subsection because of the alien's past, current, or expected beliefs, statements, or associations, if the beliefs, statements, or associations would be lawful in the United States, unless the Secretary of State personally decides that the alien's admission would compromise a compelling foreign policy interest of the United States. (4) If the Secretary decides under paragraph (3) of this subsection that an alien's admission would compromise a compelling foreign policy interest of the United States, the Secretary shall give timely notice of the alien's identity and the reasons for the decision to the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and the Committees on the Judiciary and Foreign Relations of the Senate. (d) Membership in Totalitarian Party: (1) An immigrant is ineligible for a visa and shall be excluded from admission to the United States if the immigrant is or has been a member of or affiliated with the Communist or any other domestic or foreign totalitarian party, including a subdivision or affiliate of that party. (2) Paragraph (1) of this subsection does not apply to an immigrant because of membership or affiliation if the immigrant satisfies the consular officer when applying for a visa, or the Attorney General when applying for admission, that the membership or affiliation is or was-- (A) involuntary; (B) only before the alien's 16th birthday; (C) only by operation of law; or (D) only to obtain employment, food rations, or other essentials of living and the membership or affiliation is or was necessary to obtain the employment, rations, or essentials. (3) Paragraph (1) of this subsection does not apply to an immigrant because of membership or affiliation if the immigrant satisfies the consular officer when applying for a visa, or the Attorney General when applying for admission, that-- (A) the membership or affiliation ended at least-- (i) 2 years before the date of applying; or (ii) 5 years before the date of applying, if the membership or affiliation was with the party controlling the government of a foreign country that is a totalitarian dictatorship as of that date; and (B) the immigrant is not a threat to the security of the United States. (4) The Attorney General may waive paragraph (1) of this subsection for an immigrant for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest, if the immigrant-- (A) is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or the spouse, son, or daughter of an alien lawfully admitted for permanent residence; and (B) is not a threat to the security of the United States. Sec. 6309. Participation in Nazi persecution or genocide An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien-- (1) at any time during the period from March 23, 1933, through May 8, 1945, ordered, incited, assisted, or otherwise participated in the persecution of an individual on account of race, religion, national origin, or political opinion, under the direction of, or in association with-- (A) the Nazi government of Germany; (B) any government in an area occupied by the military forces of the Nazi government of Germany; (C) any government established with the assistance or cooperation of the Nazi government of Germany; or (D) any government that was an ally of the Nazi government of Germany; or (2) engaged in conduct that is defined as genocide under the International Convention on the Prevention and Punishment of Genocide. Sec. 6310. Prior deportation or removal (a) Prior Exclusion and Deportation: An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien has been excluded and deported and is seeking admission within one year after the date of deportation. (b) Other Prior Deportation or Removal: Each of the following aliens is ineligible for a visa and shall be excluded from admission to the United States if the alien is seeking admission within 5 years (or, if convicted of an aggravated felony, within 20 years) after the date of the deportation or removal: (1) an alien who has been arrested and deported. (2) an alien who has fallen into distress and been removed under this title or a prior law. (3) an alien who has been removed as an alien enemy. (4) an alien who has been removed at the expense of the United States Government under section 6540(e)(1) of this title instead of being deported. (c) Nonapplication: Subsections (a) and (b) of this section do not apply to an alien if the Attorney General consents, before the alien begins to travel to the United States from a place outside the United States or attempts to be admitted from foreign contiguous territory, to the alien's applying or reapplying for admission. Sec. 6311. Ineligibility for citizenship and evasion of military service (a) Ineligibility for Citizenship: An immigrant is ineligible for a visa and shall be excluded from admission to the United States if the immigrant is permanently ineligible for citizenship. (b) Evasion of Military Service: An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien left or remained outside the United States to avoid or evade training or service in the armed forces of the United States during war or a period declared by the President to be a national emergency, unless the alien was a nonimmigrant at the time of leaving the United States and is seeking to reenter the United States as a nonimmigrant. Sec. 6312. International child abduction (a) General: If, after a court in the United States has granted to an individual the custody of a child who is a citizen of the United States, an alien detains or withholds custody of the child outside the United States from the individual granted custody by the court, the alien is ineligible for a visa and shall be excluded from admission to the United States until the child is surrendered to the individual granted custody by the court. (b) Nonapplication: Subsection (a) of this section does not apply as long as the child is located in a foreign country whose government is a party to the Hague Convention on the Civil Aspects of International Child Abduction. Sec. 6313. Noncompliance with documentation requirements (a) General Documentation Requirements: An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien is seeking admission as-- (1) a nonimmigrant and does not satisfy the documentation requirements of section 2121 of this title; or (2) an immigrant and does not satisfy the documentation requirements of section 4311 of this title. (b) Requirements of Graduates of Non-Accredited Medical Schools: An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien-- (1) is seeking admission as an immigrant principally to perform services as a member of the medical profession; (2) is a graduate of a medical school not accredited by an entity approved by the Secretary of Education; and (3) has not satisfied the requirements of section 4104(g)(1) of this title. (c) Labor Certifications: An alien is ineligible for a visa and shall be excluded from admission to the United States if the alien is seeking admission as an immigrant to perform skilled or unskilled labor and the Secretary of Labor has not made the certification required by section 4104(g)(2) of this title. Sec. 6314. Application of exclusions to aliens leaving Guam, Puerto Rico, or the Virgin Islands An alien who leaves Guam, Puerto Rico, or the Virgin Islands and tries to enter the continental United States or another place under the jurisdiction of the United States is subject to this subchapter (except section 6313(a)). Such an alien who is excluded from admission to the United States shall be deported immediately in the way provided in section 6335 of this title. SUBCHAPTER II--PROCEDURE Sec. 6331. Exclusion proceedings (a) Proceeding Requirements: (1) When an arriving alien is detained under section 6103(d) of this title for further inquiry about the alien's admissibility, an immigration judge shall conduct a proceeding under this section to decide whether the alien is to be admitted or excluded and deported. (2) Sections 303(a) and (b) and 6103(e) of this title apply to a proceeding under this section. (3) The Attorney General may prescribe regulations for conducting proceedings under this section. (4) The procedure provided in this section and by regulations prescribed under this section is the only procedure for deciding on the admissibility of an alien under this section. (b) Closed Proceedings: A proceeding under this section shall be closed to the public. However, the alien is entitled-- (1) to have one friend or relative present under conditions prescribed by the Attorney General; and (2) to be represented by counsel as provided in section 6333 of this title. (c) Presentation of Evidence: The immigration judge shall administer oaths, present and receive evidence, and interrogate, examine, and cross-examine the alien and witnesses. (d) Burden of Proof: An individual seeking to enter the United States has the burden of proving that the individual is not subject to exclusion. (e) Record of Proceeding: A complete record of the proceeding, including the testimony and evidence produced at the proceeding, shall be kept. (f) Decisions: (1) The decision of an immigration judge in a proceeding under this section shall be based only on the evidence produced at the proceeding. If a medical officer, private physician, or board of medical officers has certified under section 6104 of this title that the alien has a condition described in section 6302(a) of this title, the decision of the immigration judge shall be based only on the certification. (2) A decision of an immigration judge on whether to exclude an alien is final unless reversed on appeal to the Attorney General under section 6332 of this title. An alien who has a right to appeal under section 6332 shall be informed of that right. Sec. 6332. Administrative appeals (a) Appeals by Aliens: An alien may appeal to the Attorney General an order of an immigration judge excluding the alien, except when the alien is-- (1) a stowaway; (2) excluded temporarily under section 6103(e) of this title; or (3) excluded based on a certification under section 6104 of this title. (b) Appeals by Immigration Officers: The immigration officer in charge of the port at which a proceeding under section 6331 of this title is conducted may appeal to the Attorney General an order of an immigration judge admitting an alien. (c) Time for Appeal and Stay of Actions: An appeal under this section must be timely. The appeal stays final action in the proceeding until the Attorney General makes a final decision. (d) Decisions: Except as provided in section 6103(e) of this title, the Attorney General shall decide the appeal based only on the evidence in the proceeding before the immigration judge. Sec. 6333. Right to counsel In an exclusion proceeding before an immigration judge and in an appeal before the Attorney General from an exclusion proceeding, an alien is entitled to be represented, at no cost to the United States Government, by the alien's choice of counsel authorized to practice in the proceeding or appeal. Sec. 6334. Judicial review (a) Judicial Review: An alien may obtain judicial review of a final order of exclusion only by a habeas corpus proceeding and only if-- (1) the alien has exhausted all administrative remedies available to the alien as of right under the immigration laws and regulations; (2) the alien has remained in the United States after the order was issued; and (3) the validity of the order has not been decided in a prior judicial proceeding, unless the reviewing court finds that the petition for habeas corpus presents grounds that could not have been presented in the prior proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order. (b) Contents of Petitions: A petition for habeas corpus shall state whether the validity of the order of exclusion has been upheld in a prior judicial proceeding, and, if so, shall state the name of the court, the date of the court's ruling, and the nature of the proceeding. Sec. 6335. Deportation of excluded aliens (a) Immediate Deportation: Except as provided in subsection (d) of this section, an alien (except an alien crewmember) arriving in the United States who is excluded under this title shall be immediately deported. (b) Place of Deportation: (1) Except as provided in paragraphs (2) and (3) of this subsection, deportation under this section shall be to the country in which the alien boarded the vessel or aircraft on which the alien arrived in the United States. (2) If the alien boarded the vessel or aircraft on which the alien arrived in the United States in a foreign territory contiguous to the United States, an island adjacent to the United States, or an island adjacent to a foreign territory contiguous to the United States, and the alien is not a native, citizen, subject, or national of, or does not reside in, the territory or island, deportation shall be to the country in which the alien boarded the vessel or aircraft that transported the alien to the territory or island. (3) If the government of the country designated in paragraph (1) or (2) of this subsection is unwilling to accept the alien into that country's territory, deportation shall be to any of the following countries, as directed by the Attorney General: (A) the country of which the alien is a citizen, subject, or national. (B) the country in which the alien was born. (C) the country in which the alien has a residence. (D) a country with a government that will accept the alien into the country's territory if deportation to a country described in clauses (A)-(C) of this paragraph is impracticable, inadvisable, or impossible. (c) Deportation Vessels, Aircraft, and Accommodations: (1) Deportation under this section shall be on a vessel or aircraft owned by the owner of the vessel or aircraft on which the alien arrived in the United States, unless it is impracticable to deport the alien on one of those vessels or aircraft within a reasonable time. (2) The alien shall be deported in accommodations of the same class in which the alien arrived. (d) Stay of Deportation: (1) The Attorney General may stay the deportation of an alien under this section if the Attorney General decides that-- (A) immediate deportation is not practicable or proper; or (B) the alien is needed to testify for the United States Government in the prosecution of a person for a violation of a law of the United States. (2) During the period an alien is detained because of a stay of deportation under paragraph (1)(B) of this subsection, the Attorney General may pay from the appropriation `Immigration and Naturalization Service--Salaries and Expenses'-- (A) the cost of maintenance of the alien; and (B) a witness fee of $1 a day. (3) The Attorney General may release an alien, whose deportation is stayed under paragraph (1)(B) of this subsection, on-- (A) the alien's filing a bond of at least $500 with security approved by the Attorney General; (B) condition that the alien appear when required as a witness and for deportation; and (C) other conditions the Attorney General may prescribe. Sec. 6336. Costs of deporting excluded aliens When an alien is ordered excluded and deported, the owner of the vessel or aircraft on which the alien arrived in the United States shall pay the transportation cost of deporting the alien. If deportation is on a vessel or aircraft not owned by the owner of the vessel or aircraft on which the alien arrived in the United States, the Attorney General may-- (1) pay the cost from the appropriation `Immigration and Naturalization Service--Salaries and Expenses'; and (2) recover the amount of the cost in a civil action from the owner, agent, or consignee of the vessel or aircraft on which the alien arrived in the United States. CHAPTER 65--DEPORTATION OF ALIENS IN THE UNITED STATES SUBCHAPTER I--GROUNDS Sec. 6501. Excludable at time of entry or adjustment of status or in the United States illegally. 6502. Marriage fraud and failure to marry timely. 6503. Public charges. 6504. Failure to maintain status or satisfy entry conditions. 6505. Encouraging others to enter illegally. 6506. Criminal offenses. 6507. Failure to register and falsification of documents. 6508. National security. 6509. Participation in Nazi persecution or genocide. 6510. Nonapplication of certain grounds to special immigrants dependent on juvenile court. SUBCHAPTER II--PROCEDURE 6531. Arrest and detention pending decision on deportation. 6532. Deportation proceedings. 6533. Expeditious proceedings for convicted aliens. 6534. Judicial deportation of convicted aliens. 6535. Right to counsel. 6536. Judicial review. 6537. Detention, release, and deportation of aliens ordered deported. 6538. Countries to which aliens may be deported. 6539. Suspension of deportation. 6540. Voluntary departure and removal. 6541. Ineligibility for discretionary relief for failure to appear. 6542. Duties of private parties and costs of deportation. SUBCHAPTER I--GROUNDS Sec. 6501. Excludable at time of entry or adjustment of status or in the United States illegally (a) General: An alien shall be deported if the alien-- (1) was excludable at the time of entry or adjustment of status under a law in effect at that time; (2) entered the United States-- (A) without inspection; or (B) at a time or place not designated by an immigration officer; or (3) is in the United States in violation of a law of the United States. (b) Waivers for Certain Misrepresentations: (1) The Attorney General may waive subsection (a)(1) of this section for an alien (except an alien deportable under section 6509 of this title) who was excludable under section 6301(a)(1) of this title at the time of entry if the alien-- (A) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted for permanent residence; (B) had an immigrant visa or equivalent documentation at the time of entry; and (C) was otherwise admissible at the time of entry, except under section 4311(a)(1) or 6313(a)(2) or (c) of this title as a direct result of the fraud or misrepresentation. (2) A waiver of deportation under paragraph (1) of this subsection for fraud or misrepresentation is also a waiver of deportation based on other grounds of inadmissibility at the time of entry directly resulting from the fraud or misrepresentation. Sec. 6502. Marriage fraud and failure to marry timely (a) Marriage Fraud: (1) An alien shall be deported if-- (A) the alien obtained entry into the United States with an immigrant visa or other documentation obtained because of a marriage that was entered into less than 2 years before the alien's entry and that was judicially annulled or terminated within 2 years after the alien's entry; or (B) the Attorney General is satisfied that the alien failed or refused to fulfill the alien's marital agreement that, in the opinion of the Attorney General, was made to obtain entry into the United States as an immigrant. (2) Paragraph (1)(A) of this subsection does not apply to an alien who satisfies the Attorney General that the marriage was not made to evade the immigration laws. (b) Failure To Marry Within 90 Days: An alien who enters the United States as a nonimmigrant classified under section 2309(a) of this title, and a minor child of the alien accompanying or following to join the alien, shall depart from the United States if, within 90 days after entry, the alien does not marry the citizen who filed the petition for the alien under section 2309(b) of this title. If they do not depart, they shall be deported. Sec. 6503. Public charges An alien shall be deported if the alien, within 5 years after entry, has become a public charge from causes not affirmatively shown to have arisen since entry. Sec. 6504. Failure to maintain status or satisfy entry conditions (a) Nonimmigrant Status Not Maintained: (1) Subject to paragraph (2) of this subsection, an alien admitted to the United States as a nonimmigrant shall be deported if the alien does not-- (A) maintain the nonimmigrant status under which the alien was admitted or which the alien acquired under section 9109 of this title; or (B) comply with a condition of the nonimmigrant status. (2) An alien admitted as a nonimmigrant classified under section 2301(1) or 2302(1) of this title and not maintaining the nonimmigrant status under which the alien was admitted may be deported only if-- (A) the Secretary of State approves; or (B) the alien is deportable under section 6508 or 6509 of this title. (b) Noncompliance With Health Waiver Conditions: An alien admitted to the United States as a result of a waiver under section 6302(b) of this title shall be deported if the Secretary of Health and Human Services certifies that the alien has not complied with a condition of the waiver. (c) Special Agricultural Workers: An alien lawfully admitted for temporary residence under section 210A of the Immigration and Nationality Act (ch. 477, 66 Stat. 163) shall be deported if the alien does not meet the requirement of section 210A(d)(5)(A) of that Act by the end of the applicable period. (d) Termination of Conditional Permanent Resident Status: An alien lawfully admitted for permanent residence on a conditional basis under chapter 45 of this title shall be deported if the status is terminated. However, this subsection does not apply if a waiver is granted under section 4506(b) of this title. Sec. 6505. Encouraging others to enter illegally (a) General: An alien shall be deported if the alien, before or within 5 years after entry, knowingly has encouraged, induced, or assisted another alien to enter or attempt to enter the United States in violation of law. (b) Nonapplication: Subsection (a) of this section does not apply to an alien who-- (1) is an eligible immigrant (as defined in section 301(b) of the Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029)); (2) was physically present in the United States on May 5, 1988; (3) is seeking-- (A) admission as an immediate relative; (B) admission under section 4103(c) of this title (including under section 112 of the Immigration Act of 1990 (Public Law 101-649, 104 Stat. 4987)); or (C) benefits under section 301(a) of that Act (104 Stat. 5029); and (4) before May 5, 1988, encouraged, induced, or assisted only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. (c) Waivers: The Attorney General may waive subsection (a) of this section for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest, for an alien who-- (1) is lawfully admitted for permanent residence; and (2) has encouraged, induced, or assisted only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. Sec. 6506. Criminal offenses (a) Moral Turpitude and Aggravated Felonies: (1) An alien shall be deported if the alien is-- (A)(i) convicted of an offense involving moral turpitude committed within 5 years after entry or, if the alien is granted the status of an alien lawfully admitted for permanent residence under section 9101(e) of this title, within 10 years after entry; and (ii) sentenced to confinement or confined for the offense in a prison or correctional institution for at least one year; (B) convicted, after entry, of at least 2 offenses involving moral turpitude not arising out of a single scheme of misconduct, regardless of whether the convictions were in a single trial or the alien was confined for the offenses; or (C) convicted, after entry, of an aggravated felony. (2) Paragraph (1) of this subsection does not apply to a conviction of an alien if the President or the chief executive officer of a State has granted the alien a full and unconditional pardon. (b) Controlled Substances: An alien shall be deported if the alien-- (1) is convicted, after entry, of violating, or conspiring or attempting to violate, a law or regulation of a State, the United States, or a foreign country related to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), except a single offense of possession for one's own use of not more than 30 grams of marijuana; or (2) is, or at any time after entry has been, a drug abuser or addict. (c) Firearms: An alien shall be deported if the alien, after entry, is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, in violation of law any weapon, part, or accessory that is a firearm or destructive device (as defined in section 921(a) of title 18). (d) Miscellaneous: An alien shall be deported if the alien has been convicted at any time (and the judgment on the conviction has become final) of violating or conspiring or attempting to violate-- (1) section 511 or 10151(a) of this title; (2) chapter 37, 105, or 115 of title 18 if a term of imprisonment of at least 5 years may be imposed; (3) section 871 or 960 of title 18; (4) the Trading with the Enemy Act (50 App. U.S.C. 1 et seq.); or (5) the Military Selective Service Act (50 App. U.S.C. 451 et seq.); Sec. 6507. Failure to register and falsification of documents (a) Address Notification: An alien shall be deported if the alien has not complied with section 8104 of this title, unless the Attorney General is satisfied that the noncompliance was reasonably excusable or not willful. (b) Failure To Register and Falsification of Documents: An alien shall be deported if the alien has been convicted at any time of-- (1) violating section 10145 of this title; (2) violating section 36(c) of the Alien Registration Act, 1940; (3) violating, or attempting or conspiring to violate, the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.); (4) violating the Act of August 1, 1956 (50 U.S.C. 851 et seq.) or a regulation under that Act; or (5) violating, or attempting or conspiring to violate, section 1546 of title 18. (c) Document Fraud: An alien shall be deported if the alien is the subject of a final order for violating section 10125(b) of this title. Sec. 6508. National security (a) General: An alien shall be deported if the alien has engaged or engages in-- (1) an activity to violate-- (A) a law of the United States related to espionage or sabotage; or (B) a law prohibiting the export from the United States of goods, technology, or sensitive information; (2) any other criminal activity that endangers public safety or the security of the United States; or (3) an activity a purpose of which is to oppose, control, or overthrow the United States Government by force, violence, or other unlawful means. (b) Terrorist Activities: An alien shall be deported if the alien has engaged or engages in a terrorist activity as defined in section 6308(b) of this title. (c) Foreign Policy: (1) An alien shall be deported if the Secretary of State has reason to believe that the alien's presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States. (2) The exceptions described in section 6308(c)(2) and (3) of this title apply to deportability under this subsection in the same way that they apply to excludability under section 6308(c)(1). Sec. 6509. Participation in Nazi persecution or genocide An alien described in section 6309 of this title shall be deported. Sec. 6510. Nonapplication of certain grounds to special immigrants dependent on juvenile court The following sections do not apply to a special immigrant as defined in section 134(a)(12) of this title, based on circumstances that existed before the date the alien acquired the special immigrant status: (1) sections 6501(a) and 6504(a), (b), and (d) of this title, except to the extent related to a ground of exclusion described in sections 6307(a)(1)-(5) or (7), 6308, or 6309 of this title. (2) section 6507(a) of this title. SUBCHAPTER II--PROCEDURE Sec. 6531. Arrest and detention pending decision on deportation (a) Arrest, Detention, and Release: On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on deportability. Except as provided in subsection (c) of this section, the Attorney General, pending a decision on deportability, may-- (1) continue to detain the arrested alien; or (2) release the alien on-- (A) a bond of at least $500 with security approved by, and containing conditions prescribed by, the Attorney General; or (B) conditional parole. (b) Revocation of Bond or Parole: The Attorney General may revoke at any time a bond or parole authorized under subsection (a) of this section, rearrest the alien under the original warrant, and detain the alien pending a decision on deportability. (c) Aliens Convicted of Aggravated Felonies: (1) The Attorney General shall take into custody an alien convicted after November 17, 1988, of an aggravated felony when the alien is released, whether the alien is released on parole, supervised release, or probation or may be arrested or imprisoned again for the same offense. (2) To the maximum extent practicable, the Attorney General shall detain at one facility aliens convicted after November 17, 1988, of aggravated felonies and taken into custody under paragraph (1) of this subsection. In selecting the facility, the Attorney General shall make a reasonable effort to ensure that an alien's right to counsel under section 6535 of this title is not impaired. (3) The Attorney General may release the alien only if the alien-- (A) was lawfully admitted to the United States; and (B) satisfies the Attorney General that the alien is not a threat to the community and is likely to appear for any scheduled proceeding. (d) Habeas Corpus: In a habeas corpus proceeding, a court of competent jurisdiction may review or revise a decision of the Attorney General about an alien's detention or release on bond or parole pending a decision on deportability, if the alien shows conclusively that the Attorney General is not proceeding with reasonable dispatch under the particular circumstances to decide whether the alien is deportable. Sec. 6532. Deportation proceedings (a) Definition: In this section, `exceptional circumstances' means exceptional circumstances beyond the control of the alien, such as serious illness of the alien or death of an immediate relative but not including less compelling circumstances. (b) Proceeding Requirement: An immigration judge shall conduct a proceeding under this section to decide whether an alien is to be deported. (c) Orders To Show Cause and Proceeding Notices: (1) In a deportation proceeding under this section, an order to show cause shall be served-- (A) by personal delivery on the alien; or (B) if personal delivery is not practicable, by certified mail, return receipt requested, to the alien or any counsel of record of the alien. (2) The order shall include notice of-- (A) the nature of the proceeding against the alien; (B) the legal authority under which the proceeding is conducted; (C) each act or conduct alleged to be in violation of law; (D) each charge against the alien and the law alleged to have been violated; (E) the alien's right to be represented (at no expense to the United States Government) by counsel authorized to practice in a deportation proceeding and to be provided a list of counsel prepared under subsection (d)(2) of this section; (F) the requirement that the alien immediately must provide the Attorney General a written record of-- (i) an address and telephone number (if any) at which the alien may be contacted about the proceeding unless the alien has already provided this information to the Attorney General; and (ii) any change of address or telephone number; and (G) the consequences under subsection (i)(2) of this section of failing to provide the address and telephone information. (3) In the order to show cause or in a separate written notice served in the same way as specified by paragraph (1) of this subsection, the alien shall be notified of-- (A) the time and place of the proceeding; (B) the consequences under subsection (i) of this section of failing (except under exceptional circumstances) to attend the proceeding; and (C) the right to be represented by counsel at the proceeding and to be provided a period of time, as specified by subsection (d)(1) of this section, to retain counsel and to be provided a current list of counsel prepared under subsection (d)(2) of this section. (4) If the time or place of the proceeding is changed, a new written notice shall be served in the same way as specified by paragraph (1) of this subsection. The notice shall include the new time or place of the proceeding and the matters specified by paragraph (3)(B) and (C) of this subsection. (5) Notice under paragraphs (3) and (4) of this subsection is not required for an alien not in detention if the alien has not provided an address as required by paragraph (2)(F) of this subsection. (6) Each order to show cause and written notice under this subsection shall be in English and Spanish. (7) The Attorney General shall maintain a system to record and preserve on a timely basis notices of addresses and telephone numbers and changes provided by aliens under paragraph (2)(F) of this subsection. (d) Date of First Proceeding and Assistance of Counsel: (1) To give an alien an opportunity to retain counsel, the first date that a proceeding under this section may be scheduled for the alien shall be at least 14 days after service of the order to show cause, unless the alien requests in writing an earlier date. (2) The Attorney General shall provide lists (updated at least quarterly) of individuals who have indicated their availability to represent aliens without charge in proceedings under this section. The lists shall be provided as required by subsection (c)(2)(E) of this section and also shall be made generally available. (e) Attendance of Alien: (1) An alien shall have a reasonable opportunity to attend the proceeding for the alien under this section. If it is impracticable for the alien to attend because of mental incompetence, the proceeding may be conducted without the alien. The Attorney General shall prescribe safeguards for the rights and privileges of an alien who does not attend because of mental incompetence. (2) If an alien has been given a reasonable opportunity to attend, and without reasonable cause does not attend or remain in attendance, the immigration judge may conduct the proceeding and decide on the alien's deportation as if the alien had attended. (f) Conducting Proceedings: (1) The immigration judge conducting a proceeding shall administer oaths, present and receive evidence, and interrogate, examine, and cross-examine the alien and witnesses. If the Attorney General believes it will aid in making a decision, the Attorney General may require, specifically or by regulation, in a case or class of cases, that an additional immigration officer be assigned to present the evidence for the Government. The additional immigration officer may present evidence and interrogate, examine, and cross-examine the alien and witnesses. The assignment of an additional immigration officer does not affect the authority of the immigration judge conducting the proceeding. (2) The alien shall have a reasonable opportunity to examine the evidence against the alien, present evidence, and cross-examine witnesses presented by the Government. (g) Burden of Proof: The alien has the burden of proof of establishing the alien's time, place, and manner of entry into the United States. In presenting the proof, the alien is entitled to the production of the alien's visa or other entry document and, unless considered confidential by the Attorney General, any other relevant record in the custody of the Attorney General. An alien who fails to sustain the burden of proof is presumed to be in the United States in violation of law. (h) Decisions and Orders: If authorized by the Attorney General, the immigration judge shall make decisions on the deportability of aliens and issue orders of deportation. A decision that an alien is deportable may be made only on a record made in a proceeding before an immigration judge, and is valid only if based on reasonable, substantial, and probative evidence. If an alien is ordered deported under any law or treaty, the decision of the Attorney General is final. (i) Deportation Ordered in Absentia: (1) An alien who does not attend the alien's proceeding under this section shall be ordered deported in absentia, if the Attorney General establishes by clear, unequivocal, and convincing evidence that-- (A) the notice required by subsection (c)(3) and (4) of this section was provided; and (B) the alien is deportable. (2) The notice referred to in paragraph (1)(A) of this subsection is sufficient if provided at the most recent address provided under subsection (c)(2)(F) of this section. No notice is required if the alien has not provided the address required by subsection (c)(2)(F). (3)(A) A deportation order issued under this subsection may be rescinded only on a motion to reopen-- (i) filed not later than 180 days after the date of the order if the alien demonstrates that the failure to attend was because of exceptional circumstances; or (ii) filed at any time if the alien demonstrates that the alien did not receive the notice required by subsection (c)(3) and (4) of this section or that the alien was in the custody of a State or the Government and did not attend through no fault of the alien. (B) A motion filed under this paragraph stays the deportation of the alien pending disposition of the motion. (4) Notwithstanding section 6536 of this title, a petition for review under section 6536 of a deportation order issued in absentia under this subsection-- (A) must be filed not later than 60 days (or 30 days if the alien has been convicted of an aggravated felony) after the date of the final order of deportation; and (B) except as provided in section 6536(b)(5) of this title, shall be limited to the issues of-- (i) the validity of the notice provided to the alien; (ii) the reasons for the alien's failure to attend; and (iii) whether clear, unequivocal, and convincing evidence of deportability has been established. (j) Fingerprints and Photographs: The Attorney General shall prescribe regulations providing for the fingerprinting and photographing of each alien at least 14 years of age against whom a deportation proceeding is begun. The fingerprints and photographs shall be made available, on request, to law enforcement agencies of the Government, States, and localities. (k) Additional Regulations and Exclusivity of Procedure: (1) A proceeding under this section shall be conducted under regulations the Attorney General shall prescribe that are consistent with this section. (2) The procedure provided in this section and by regulations prescribed under this section is the only procedure for deciding on the deportability of an alien under this section. (l) Regulations on Motions To Reopen and To Reconsider and on Administrative Appeals: Not later than May 29, 1991, the Attorney General shall prescribe regulations on-- (1) the number of motions to reopen and to reconsider that may be filed in a deportation proceeding and the time during which they may be filed; (2) the number of administrative appeals that may be filed in a deportation proceeding, the items to be included in notices of appeal, and the time during which the appeals and the appellate and reply briefs may be filed; and (3) the consolidation of motions to reopen and to reconsider with the appeal of the order of deportation. Sec. 6533. Expeditious proceedings for convicted aliens (a) General: If an alien is convicted of an offense that makes the alien deportable, the Attorney General shall begin a deportation proceeding against the alien as expeditiously as possible after the date of the conviction. (b) Aliens Convicted of Aggravated Felonies: (1) The Attorney General shall provide for the availability of special deportation proceedings at certain correctional facilities of the United States Government, States, and localities for aliens convicted after November 17, 1988, of aggravated felonies. Each proceeding shall be conducted-- (A) under section 6532 of this title, except as otherwise provided in this section; (B) in a way that eliminates the need for additional detention at a processing center of the Immigration and Naturalization Service; and (C) in a way that ensures expeditious deportation, if warranted, after the alien is released from imprisonment for the felony. (2) The Attorney General shall provide for beginning and, to the extent possible, completing a deportation proceeding against an alien convicted after November 17, 1988, of an aggravated felony, and any administrative appeals from that proceeding, before the alien is released from imprisonment for the felony. This section does not require the Attorney General to deport an alien sentenced to imprisonment before the alien is released from imprisonment. (c) Non-Permanent Residents Convicted of Aggravated Felonies: (1) The Attorney General may conduct a deportation proceeding and issue an order of deportation under this subsection or section 6532 of this title if an alien-- (A) is convicted after entry of an aggravated felony; (B) is not lawfully admitted for permanent residence when the proceeding under this subsection is begun; and (C) is not eligible for relief from deportation. (2) The Attorney General shall prescribe regulations for the conduct of a proceeding under this section. The regulations shall provide that-- (A) the alien is entitled to reasonable notice of the charges and of the opportunity described in clause (C) of this paragraph; (B) the alien is entitled to be represented by counsel as provided in section 6535 of this title; (C) the alien is entitled to a reasonable opportunity to inspect the evidence and rebut the charges; (D) a record shall be maintained for judicial review; and (E) a final order of deportation may not be adjudicated by the same individual who issues the charges. (3) To allow an alien an opportunity to apply for judicial review under section 6536 of this title, the Attorney General may not execute an order of deportation issued under this subsection until 30 days have passed from the date the order was issued, unless waived by the alien. (d) Review and Evaluation: The Attorney General and the Comptroller General shall review and evaluate deportation proceedings conducted under this section. Sec. 6534. Judicial deportation of convicted aliens (a) Jurisdiction: A district court of the United States has jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction makes the alien deportable under section 6506(a) of this title, if-- (1) the United States Attorney, with the concurrence of the Commissioner of Immigration and Naturalization, requests the order; and (2) the court chooses to exercise that jurisdiction. (b) Procedure: (1) Before the beginning of trial or entry of a guilty plea, the United States Attorney shall file with the court, and serve on the defendant and the Commissioner, a notice of intent to request judicial deportation. (2) At least 30 days before the date set for sentencing, the United States Attorney, with the concurrence of the Commissioner, shall file a charge containing factual allegations related to the defendant's alienage and identifying each offense that makes the defendant deportable under section 6506(a) of this title. (3) If the court finds that the defendant has presented substantial evidence to establish prima facie eligibility for relief from deportation under this title, the Commissioner shall provide the court with a recommendation and report on the alien's eligibility for relief. The court shall grant or deny the relief sought. (4) The alien shall have a reasonable opportunity to examine the evidence against the alien, present evidence, and cross-examine witnesses presented by the United States Government. (5) In deciding whether to enter an order described in subsection (a) of this section, the court may consider only evidence that would be admissible in a proceeding under section 6532 of this title. This subsection does not limit the information the court may receive or consider for purposes of imposing an appropriate sentence. (6) The court may order the alien deported if the Attorney General demonstrates that the alien is deportable on a ground referred to in subsection (a) of this section. (c) Notice of Order: As soon as practicable after entry of a judicial order of deportation, the Commissioner shall provide the defendant with written notice of the order. The notice shall designate the defendant's country of choice for deportation and any alternate country as provided in section 6538 of this title. (d) Appeal: The granting or denial on the merits of a judicial order of deportation may be appealed to the court of appeals for the circuit in which the district court is located. Except as provided