Public Law 101-649

PL 101-649, 1990 S 358
FOR EDUCATIONAL USE ONLY
PL 101-649, November 29, 1990, 104 Stat 4978
(Publication page references are not available for this document.)

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UNITED STATES PUBLIC LAWS
101st Congress - Second Session
Convening January 23, 1990
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Additions and Deletions are not identified in this document.
For Legislative History of Act, see LH database or Report for
this Public Law in U.S.C.C. & A.N. Legislative History section.
PL 101-649 (S 358)
November 29, 1990
IMMIGRATION ACT OF 1990

AN ACT to amend the Immigration and Nationality Act to change the level, and
preference system for admission, of immigrants to the United States, and to provide
for administrative naturalization, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE;

REFERENCES IN ACT;

<< 8 USCA §

TABLE OF CONTENTS.

1101 NOTE >>

(a) SHORT TITLE.--This Act may be cited as the "Immigration Act of 1990".
(b) REFERENCES IN ACT.--Except as specifically provided in this Act, whenever in
this Act an amendment or repeal is expressed as an amendment to or repeal of a
provision, the reference shall be deemed to be made to the Immigration and
Nationality Act.
(c) TABLE OF CONTENTS.--The table of contents of this Act is as follows:
Sec. 1. Short title;

references in Act;

table of contents.

TITLE I--IMMIGRANTS
Subtitle A--Worldwide and Per Country Levels
Sec. 101. Worldwide levels.
Sec. 102. Per country levels.
Sec. 103. Treatment of Hong Kong under per country levels.
Sec. 104. Asylee adjustments.
Subtitle B--Preference System
PART 1--FAMILY-SPONSORED IMMIGRANTS
Sec. 111. Family-sponsored immigrants.
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Sec. 112. Transition for spouses and minor children of legalized aliens.
PART 2--EMPLOYMENT-BASED IMMIGRANTS
Sec. 121. Employment-based immigrants.
Sec. 122. Changes in labor certification process.
Sec. 123. Definitions of managerial capacity and executive capacity.
Sec. 124. Transition for employees of certain United States businesses operating in
Hong Kong.
PART 3--DIVERSITY IMMIGRANTS
Sec. 131. Diversity immigrants.
Sec. 132. Diversity transition for aliens who are natives of certain adversely
affected foreign states.
Sec. 133. One-year diversity transition for aliens who have been notified of
availability of NP-5 visas.
Sec. 134. Transition for displaced Tibetans.
Subtitle C--Commission and Information
Sec. 141. Commission on Legal Immigration Reform.
Sec. 142. Statistical information systems.
Subtitle D--Miscellaneous
Sec. 151. Revision of special immigrant provisions relating to religious workers (C
special immigrants).
<>Sec. 152. Special immigrant status for certain aliens
employed at the United States mission in Hong Kong (D special immigrants).
Sec. 153. Special immigrant status for certain aliens declared dependent on a
juvenile court (J special immigrants).
Sec. 154. Permitting extension of period of validity of immigrant visas for certain
residents of Hong Kong.
Sec. 155. Expedited issuance of Lebanese second and fifth preference visas.
Subtitle E--Effective Dates;
Sec. 161. Effective dates.

Conforming Amendments

Sec. 162. Conforming amendments.
TITLE II--NONIMMIGRANTS
Subtitle A--General and Permanent Provisions
Sec. 201. Revision and extension of the visa waiver pilot program for foreign
tourists (B nonimmigrants).
Sec. 202. Denial of crewmember status in the case of certain labor disputes (D
nonimmigrants).

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Sec. 203. Limitations on performance of longshore work by alien crewmen (D
nonimmigrants).
Sec. 204. Treaty traders (E nonimmigrants).
Sec. 205. Temporary workers and trainees (H nonimmigrants).
Sec. 206. Intra-company transferees (L nonimmigrants).
Sec. 207. New classification for aliens with extraordinary ability, accompanying
aliens, and athletes and entertainers (O & P nonimmigrants).
Sec. 208. New classification for international cultural exchange programs (Q
nonimmigrants).
Sec. 209. New classification for aliens in religious occupations (R nonimmigrants).
Subtitle B--Temporary or Limited Provisions
Sec. 221. Off-campus work authorization for students (F nonimmigrants).
Sec. 222. Admission of nonimmigrants for cooperative research, development, and
coproduction projects.
Sec. 223. Establishment of special education exchange visitor program.
Subtitle C--Effective Dates
Sec. 231. Effective dates.
TITLE III--FAMILY UNITY AND TEMPORARY PROTECTED STATUS
Sec. 301. Family unity.
Sec. 302. Temporary protected status.
Sec. 303. Special temporary protected status for Salvadorans.
TITLE IV--NATURALIZATION
Sec. 401. Administrative naturalization.
Sec. 402. Substituting 3 months residence in INS district or State for 6 months
residence in a State.
Sec. 403. Waiver of English language requirement for naturalization.
Sec. 404. Treatment of service in armed forces of a foreign country.
Sec. 405. Naturalization of natives of the Philippines through certain active-duty
service during World War II.
Sec. 406. Public education regarding naturalization benefits.
Sec. 407. Conforming amendments.
Sec. 408. Effective dates and savings provisions.
TITLE V--ENFORCEMENT
Subtitle A--Criminal Aliens
Sec. 501. Aggravated felony definition.
Sec. 502. Shortening period to request judicial review.

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Sec. 503. Enhancing enforcement authority of INS officers.
Sec. 504. Custody pending determination of deportability and excludability.
Sec. 505. Elimination of judicial recommendations against deportation.
Sec. 506. Clarification respecting discretionary authority in deportation
proceedings for incarcerated aliens.
Sec. 507. Requiring coordination plan with INS as a condition for receipt of drug
control and system improvement grants under the Omnibus Crime Control and Safe
Streets Act of 1968.
Sec. 508. Deportation for attempted violations of controlled substances laws.
<>Sec. 509. Good moral character definition.
Sec. 510. Report on criminal aliens.
Sec. 511. Limitation on waiver of exclusion for returning permanent residents
convicted of an aggravated felony.
Sec. 512. Authorization of additional immigration judges for deportation proceedings
involving criminal aliens.
Sec. 513. Effect of filing petition for review.
Sec. 514. Extending bar on reentry of aliens convicted of aggravated felonies.
Sec. 515. Asylum in the case of aliens convicted of aggravated felonies.
Subtitle B--Provision Relating to Employer Sanctions
Sec. 521. Elimination of paperwork requirement for recruiters and referrers.
Subtitle C--Provisions Relating to Anti-Discrimination
Sec. 531. Dissemination of information concerning anti-discrimination protections
under IRCA and title VII of the Civil Rights Act of 1964.
Sec. 532. Inclusion of certain seasonal agricultural workers within scope of antidiscrimination protections.
Sec. 533. Elimination of requirement that aliens file a declaration of intending to
become a citizen in order to file anti-discrimination complaint.
Sec. 534. Anti-retaliation protections.
Sec. 535. Treatment of certain actions as discrimination.
Sec. 536. Conforming civil money penalties for anti-discrimination violations to
those for employer sanctions.
Sec. 537. Period for filing of complaints.
Sec. 538. Special Counsel access to employment eligibility verification forms.
Sec. 539. Additional relief in orders.
Subtitle D--General Enforcement
Sec. 541. Authorizing increase by 1,000 in border patrol personnel.

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Sec. 542. Application of increase in penalties to enhance enforcement activities.
Sec. 543. Increase in fine levels;

authority of the INS to collect fines.

Sec. 544. Civil penalties for document fraud.
Sec. 545. Deportation procedures; required notice of deportation hearing;
limitation on discretionary relief.
TITLE VI--EXCLUSION AND DEPORTATION
Sec. 601. Revision of grounds for exclusion.
Sec. 602. Revision of grounds for deportation.
Sec. 603. Conforming amendments.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Battered spouse or child waiver of the conditional residence requirement.
Sec. 702. Bona fide marriage exception to foreign residence requirement for
marriages entered into during certain immigration proceedings.
Sec. 703. 1-year extension of deadline for filing applications for adjustment from
temporary to permanent residence for legalized aliens.
Sec. 704. Commission on Agricultural Workers.
Sec. 705. Immigration Emergency Fund.
TITLE VIII--EDUCATION AND TRAINING
Sec. 801. Educational assistance and training.
TITLE I--IMMIGRANTS
Subtitle A--Worldwide and Per Country Levels
SEC. 101. WORLDWIDE LEVELS.
<< 8 USCA §

1151 >>

(a) IN GENERAL.--Section 201 (8 U.S.C. 1151) is amended to read as follows:
<>"WORLDWIDE LEVEL OF IMMIGRATION
"SEC. 201. (a) IN GENERAL.--Exclusive of aliens described in subsection (b), aliens
born in a foreign state or dependent area who may be issued immigrant visas or who
may otherwise acquire the status of an alien lawfully admitted to the United States
for permanent residence are limited to-"(1) family-sponsored immigrants described in section 203(a) (or who are admitted
under section 211(a) on the basis of a prior issuance of a visa to their
accompanying parent under section 203(a)) in a number not to exceed in any fiscal
year the number specified in subsection (c) for that year, and not to exceed in any
of the first 3 quarters of any fiscal year 27 percent of the worldwide level under
such subsection for all of such fiscal year;
"(2) employment-based immigrants described in section 203(b) (or who are admitted
under section 211(a) on the basis of a prior issuance of a visa to their
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accompanying parent under section 203(b)), in a number not to exceed in any fiscal
year the number specified in subsection (d) for that year, and not to exceed in any
of the first 3 quarters of any fiscal year 27 percent of the worldwide level under
such subsection for all of such fiscal year; and
"(3) for fiscal years beginning with fiscal year 1995, diversity immigrants
described in section 203(c) (or who are admitted under section 211(a) on the basis
of a prior issuance of a visa to their accompanying parent under section 203(c)) in
a number not to exceed in any fiscal year the number specified in subsection (e) for
that year, and not to exceed in any of the first 3 quarters of any fiscal year 27
percent of the worldwide level under such subsection for all of such fiscal year.
"(b) ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.--Aliens described in this
subsection, who are not subject to the worldwide levels or numerical limitations of
subsection (a), are as follows:
"(1)(A) Special immigrants described in subparagraph (A) or (B) of section
101(a)(27).
"(B) Aliens who are admitted under section 207 or whose status is adjusted under
section 209.
"(C) Aliens whose status is adjusted to permanent residence under section 210,
210A, or 245A.
"(D) Aliens whose deportation is suspended under section 244(a).
"(E) Aliens provided permanent resident status under section 249.
"(2)(A)(i) IMMEDIATE RELATIVES.--For purposes of this subsection, the term
'immediate relatives' means the children, spouses, and parents of a citizen of the
United States, except that, in the case of parents, such citizens shall be at least
21 years of age. In the case of an alien who was the spouse of a citizen of the
United States for at least 2 years at the time of the citizen's death and was not
legally separated from the citizen at the time of the citizen's death, the alien
shall be considered, for purposes of this subsection, to remain an immediate
relative after the date of the citizen's death but only if the spouse files a
petition under section 204(a)(1)(A) within 2 years after such date and only until
the date the spouse remarries.
<>"(ii) Aliens admitted under section 211(a) on the basis of
a prior issuance of a visa to their accompanying parent who is such an immediate
relative.
"(B) Aliens born to an alien lawfully admitted for permanent residence during a
temporary visit abroad.
"(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.--(1)(A) The worldwide level of
family-sponsored immigrants under this subsection for a fiscal year is, subject to
subparagraph (B), equal to-"(i) 480,000, minus
"(ii) the number computed under paragraph (2), plus
"(iii) the number (if any) computed under paragraph (3).
"(B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted
for 480,000 in subparagraph (A)(i).

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"(ii) In no case shall the number computed under subparagraph (A) be less than
226,000.
"(2) The number computed under this paragraph for a fiscal year is the sum of the
number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who
were issued immigrant visas or who otherwise acquired the status of aliens lawfully
admitted to the United States for permanent residence in the previous fiscal year.
"(3) The number computed under this paragraph for a fiscal year is the difference
(if any) between the maximum number of visas which may be issued under section
203(b) (relating to employment-based immigrants) during the previous fiscal year and
the number of visas issued under that section during that year.
"(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMIGRANTS.--(1) The worldwide level of
employment-based immigrants under this subsection for a fiscal year is equal to-"(A) 140,000, plus
"(B) the number computed under paragraph (2).
"(2) The number computed under this paragraph for a fiscal year is the difference
(if any) between the maximum number of visas which may be issued under section
203(a) (relating to family-sponsored immigrants) during the previous fiscal year and
the number of visas issued under that section during that year.
"(e) WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS.--The worldwide level of diversity
immigrants is equal to 55,000 for each fiscal year.".
(b) CLERICAL AMENDMENT.--The item in the table of contents relating to section 201
is amended to read as follows:
"Sec. 201. Worldwide level of immigration.".
<< 8 USCA §

1152 >>

SEC. 102. PER COUNTRY LEVELS.
Section 202 (8 U.S.C. 1152) is amended-(1) by amending subsection (a) to read as follows:
"(a) PER COUNTRY LEVEL.-"(1) NONDISCRIMINATION.--Except as specifically provided in paragraph (2) and in
sections 101(a)(27), 201(b)(2)(A)(i), and 203, no person shall receive any
preference or priority or be discriminated against in the issuance of an immigrant
visa because of the person's race, sex, nationality, place of birth, or place of
residence.
"(2) PER COUNTRY LEVELS FOR FAMILY-SPONSORED AND EMPLOYMENT-BASED IMMIGRANTS.-Subject to paragraphs (3) and (4), the total number of immigrant visas made
available to natives of any single foreign state or dependent area under subsections
(a) and (b) of section 203 in any fiscal year may not exceed 7
<>percent (in the case of a single foreign state) or 2 percent
(in the case of a dependent area) of the total number of such visas made available
under such subsections in that fiscal year.
"(3) EXCEPTION IF ADDITIONAL VISAS AVAILABLE.--If because of the application of
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paragraph (2) with respect to one or more foreign states or dependent areas, the
total number of visas available under both subsections (a) and (b) of section 203
for a calendar quarter exceeds the number of qualified immigrants who otherwise may
be issued such a visa, paragraph (2) shall not apply to visas made available to such
states or areas during the remainder of such calendar quarter.
"(4) SPECIAL RULES FOR SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENT ALIENS.-"(A) 75 PERCENT OF MINIMUM 2ND PREFERENCE SET-ASIDE FOR SPOUSES AND CHILDREN NOT
SUBJECT TO PER COUNTRY LIMITATION.-"(i) IN GENERAL.--Of the visa numbers made available under section 203(a) to
immigrants described in section 203(a)(2)(A) in any fiscal year, 75
percent of
the 2-A floor (as defined in clause (ii)) shall be issued without regard to the
numerical limitation under paragraph (2).
"(ii) 2-A FLOOR DEFINED.--In this paragraph, the term '2-A floor' means, for a
fiscal year, 77 percent of the total number of visas made available under section
203(a) to immigrants described in section 203(a)(2) in the fiscal year.
"(B) TREATMENT OF REMAINING 25 PERCENT FOR COUNTRIES SUBJECT TO SUBSECTION

(e).-

"(i) IN GENERAL.--Of the visa numbers made available under section 203(a) to
immigrants described in section 203(a)(2)(A) in any fiscal year, the remaining 25
percent of the 2-A floor shall be available in the case of a state or area that is
subject to subsection (e) only to the extent that the total number of visas issued
in accordance with subparagraph (A) to natives of the foreign state or area is less
than the subsection (e) ceiling (as defined in clause (ii)).
"(ii) SUBSECTION (e) CEILING DEFINED.--In clause (i), the term 'subsection (e)
ceiling' means, for a foreign state or dependent area, 77 percent of the maximum
number of visas that may be made available under section 203(a) to immigrants who
are natives of the state or area under section 203(a)(2) consistent with subsection
(e).
"(C) TREATMENT OF UNMARRIED SONS AND DAUGHTERS IN COUNTRIES SUBJECT TO SUBSECTION
(e).--In the case of a foreign state or dependent area to which subsection (e)
applies, the number of immigrant visas that may be made available to natives of the
state or area under section 203(a)(2)(B) may not exceed-"(i) 23 percent of the maximum number of visas that may be made available under
section 203(a) to immigrants of the state or area described in section 203(a)(2)
consistent with subsection (e), or
"(ii) the number (if any) by which the maximum number of visas that may be made
available under <>section 203(a) to immigrants of the state or
area described in section 203(a)(2) consistent with subsection (e) exceeds the
number of visas issued under section 203(a)(2)(A),
whichever is greater.
"(D) LIMITING PASS DOWN FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e).--In the
case of a foreign state or dependent area to which subsection (e) applies, if the
total number of visas issued under section 203(a)(2) exceeds the maximum number of
visas that may be made available to immigrants of the state or area under section
203(a)(2) consistent with subsection (e) (determined without regard to this
paragraph), in applying paragraphs (3)
and (4) of section 203(a) under subsection
(e)(2) all visas shall be deemed to have been required for the classes specified in

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paragraphs (1) and (2) of such section.";
(2) in subsection (b)-(A) by inserting "RULES FOR CHARGEABILITY.--" after "(b)", and
(B) by striking "the numerical limitation set forth in the proviso to subsection
(a) of this section" each place it appears and inserting "a numerical level
established under subsection (a)(2)";
(3) in subsection (c)-(A) by inserting "CHARGEABILITY FOR DEPENDENT AREAS.--" after "(c)",
(B) by striking "a special immigrant" and all that follows through "201(b)" and
inserting "an alien described in section 201(b)", and
(C) by striking ", and the number" and all that follows through "one fiscal
year";
(4) in subsection (d), by inserting "CHANGES IN TERRITORY.--" after "(d)";

and

(5) by amending subsection (e) to read as follows:
"(e) SPECIAL RULES FOR COUNTRIES AT CEILING.--If it is determined that the total
number of immigrant visas made available under subsections (a) and (b) of section
203 to natives of any single foreign state or dependent area will exceed the
numerical limitation specified in subsection (a)(2) in any fiscal year, in
determining the allotment of immigrant visa numbers to natives under subsections (a)
and (b) of section 203, visa numbers with respect to natives of that state or area
shall be allocated (to the extent practicable and otherwise consistent with this
section and section 203) in a manner so that-"(1) the ratio of the visa numbers made available under section 203(a) to the visa
numbers made available under section 203(b) is equal to the ratio of the worldwide
level of immigration under section 201(c) to such level under section 201(d);
"(2) except as provided in subsection (a)(4), the proportion of the visa numbers
made available under each of paragraphs (1) through (4) of section 203(a) is equal
to the ratio of the total number of visas made available under the respective
paragraph to the total number of visas made available under section 203(a), and
"(3) the proportion of the visa numbers made available under each of paragraphs
(1) through (5) of section 203(b) is equal to the ratio of the total number of visas
made available under the <> respective paragraph to the total
number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that
may be issued to natives of a foreign state or dependent area under section 203(a)
or 203(b) if there is insufficient demand for visas for such natives under section
203(b) or 203(a), respectively, or as limiting the number of visas that may be
issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).".
<< 8 USCA § §

1152 NOTE, 1153 nt >>

SEC. 103. TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS.

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The approval referred to in the first sentence of section 202(b) of the Immigration
and Nationality Act shall be considered to have been granted, effective beginning
with fiscal year 1991, with respect to Hong Kong as a separate foreign state, and
not as a colony or other component or dependent area of another foreign state,
except that the total number of immigrant visas made available to natives of Hong
Kong under subsections (a) and (b) of section 203 of such Act in each of fiscal
years 1991, 1992, and 1993 may not exceed 10,000.
SEC. 104. ASYLEE ADJUSTMENTS.
(a) INCREASE IN NUMERICAL LIMITATION ON ADJUSTMENT OF ASYLEES.-<< 8 USCA §

1159 >>

(1) IN GENERAL.--Section 209(b) (8 U.S.C. 1159(b)) is amended by striking
thousand" and inserting "10,000".
<< 8 USCA §

"five

1153 nt, 1159 NOTE >>

(2) EFFECTIVE DATE AND TRANSITION.--The amendment made by paragraph (1) shall
apply to fiscal years beginning with fiscal year 1991 and the President is
authorized, without the need for appropriate consultation, to increase the refugee
determination previously made under section 207 of the Immigration and Nationality
Act for fiscal year 1991 in order to make such amendment effective for such fiscal
year.
<< 8 USCA §

1157 >>

(b) ANNUAL ASYLEE ENUMERATION.--Section 207(a) (8 U.S.C. 1157(a)) is amended by
adding at the end the following new paragraph:
"(4) In the determination made under this subsection for each fiscal year
(beginning with fiscal year 1992), the President shall enumerate, with the
respective number of refugees so determined, the number of aliens who were granted
asylum in the previous year.".
<< 8 USCA §

1159 NOTE >>

(c) WAIVER OF NUMERICAL LIMITATION FOR CERTAIN CURRENT ASYLEES.--The numerical
limitation on the number of aliens whose status may be adjusted under section 209(b)
of the Immigration and Nationality Act shall not apply to an alien described in
subsection (d) or to an alien who has applied for adjustment of status under such
section on or before June 1, 1990.
(d) ADJUSTMENT OF CERTAIN FORMER ASYLEES.-(1) IN GENERAL.--Subject to paragraph (2), the provisions of section 209(b) of the
Immigration and Nationality Act shall also apply to an alien-(A) who was granted asylum before the date of the enactment of this Act
(regardless of whether or not such asylum has been terminated under section 208(b)
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of the Immigration and Nationality Act),
(B) who is no longer a refugee because of a change in circumstances in a foreign
state, and
(C) who was (or would be) qualified for adjustment of status under section 209(b)
of the Immigration and <>Nationality Act as of the date of the
enactment of this Act but for paragraphs (2) and (3) thereof and but for any
numerical limitation under such section.
(2) APPLICATION OF PER COUNTRY LIMITATIONS.--The number of aliens who are natives
of any foreign state who may adjust status pursuant to paragraph (1) in any fiscal
year shall not exceed the difference between the per country limitation established
under section 202(a) of the Immigration and Nationality Act and the number of aliens
who are chargeable to that foreign state in the fiscal year under section 202 of
such Act.
Subtitle B--Preference System
PART 1--FAMILY-SPONSORED IMMIGRANTS
<< 8 USCA §

1153 >>

SEC. 111. FAMILY-SPONSORED IMMIGRANTS.
Section 203 (8 U.S.C. 1153) is amended-(1) by redesignating subsections (b) through (e) as subsections (d) through
respectively, and

(g),

(2) by striking subsection (a) and inserting the following:
"(a) PREFERENCE ALLOCATION FOR FAMILY-SPONSORED IMMIGRANTS.--Aliens subject to the
worldwide level specified in section 201(c) for family-sponsored immigrants shall be
allotted visas as follows:
"(1) UNMARRIED SONS AND DAUGHTERS OF CITIZENS.--Qualified immigrants who are the
unmarried sons or daughters of citizens of the United States shall be allocated
visas in a number not to exceed 23,400, plus any visas not required for the class
specified in paragraph (4).
"(2) SPOUSES AND UNMARRIED SONS AND UNMARRIED DAUGHTERS OF PERMANENT RESIDENT
ALIENS.--Qualified immigrants-"(A) who are the spouses or children of an alien lawfully admitted for permanent
residence, or
"(B) who are the unmarried sons or unmarried daughters (but are not the children)
of an alien lawfully admitted for permanent residence,
shall be allocated visas in a number not to exceed 114,200, plus the number (if
any) by which such worldwide level exceeds 226,000, plus any visas not required for
the class specified in paragraph (1); except that not less than 77 percent of such
visa numbers shall be allocated to aliens described in subparagraph (A).
"(3) MARRIED SONS AND MARRIED DAUGHTERS OF CITIZENS.--Qualified immigrants who are
the married sons or married daughters of citizens of the United States shall be
allocated visas in a number not to exceed 23,400, plus any visas not required for
the classes specified in paragraphs (1) and (2).
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"(4) BROTHERS AND SISTERS OF CITIZENS.--Qualified immigrants who are the brothers
or sisters of citizens of the United States, if such citizens are at least 21 years
of age, shall be allocated visas in a number not to exceed 65,000, plus any visas
not required for the classes specified in paragraphs (1) through (3).".
<< 8 USCA §

1153 NOTE >>

<>SEC. 112. TRANSITION FOR SPOUSES AND MINOR CHILDREN OF
LEGALIZED ALIENS.
(a) ADDITIONAL VISA NUMBERS.-(1) IN GENERAL.--In addition to any immigrant visas otherwise available, immigrant
visa numbers shall be available in each of fiscal years 1992, 1993, and 1994 for
spouses and children of eligible, legalized aliens (as defined in subsection (c)) in
a number equal to 55,000 minus the number (if any) computed under paragraph (2) for
the fiscal year.
(2) OFFSET.--The number computed under this paragraph for a fiscal year is the
number (if any) by which-(A) the sum of the number of aliens described in subparagraphs (A) and (B) of
section 201(b)(2) of the Immigration and Nationality Act (or, for fiscal year 1992,
section 201(b) of such Act) who were issued immigrant visas or otherwise acquired
the status of aliens lawfully admitted to the United States for permanent residence
in the previous fiscal year, exceeds
(B) 239,000.
(b) ORDER.--Visa numbers under this section shall be made available in the order in
which a petition, in behalf of each such immigrant for classification under section
203(a)(2) of the Immigration and Nationality Act, is filed with the Attorney General
under section 204 of such Act.
(c) LEGALIZED ALIEN DEFINED.--In this section, the term "legalized alien" means an
alien lawfully admitted for temporary or permanent residence who was provided-(1) temporary or permanent residence status under section 210 of the Immigration
and Nationality Act,
(2) temporary or permanent residence status under section 245A of the Immigration
and Nationality Act, or
(3) permanent residence status under section 202 of the Immigration Reform and
Control Act of 1986.
PART 2--EMPLOYMENT-BASED IMMIGRANTS
SEC. 121. EMPLOYMENT-BASED IMMIGRANTS.

<< 8 USCA §

1153 >>

(a) IN GENERAL.--Section 203 (8 U.S.C. 1153) is amended by inserting after
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subsection (a), as inserted by section 111, the following new subsection:
"(b) PREFERENCE ALLOCATION FOR EMPLOYMENT-BASED IMMIGRANTS.--Aliens subject to the
worldwide level specified in section 201(d) for employment-based immigrants in a
fiscal year shall be allotted visas as follows:
"(1) PRIORITY WORKERS.--Visas shall first be made available in a number not to
exceed 40,000, plus any visas not required for the classes specified in paragraphs
(4) and (5), to qualified immigrants who are aliens described in any of the
following subparagraphs (A) through (C):
"(A) ALIENS WITH EXTRAORDINARY ABILITY.--An alien is described in this
subparagraph if-"(i) the alien has extraordinary ability in the sciences, arts, education,
business, or athletics which has been demonstrated by sustained national or
international acclaim and whose achievements have been <>recognized in the field through extensive documentation,
"(ii) the alien seeks to enter the United States to continue work in the area of
extraordinary ability, and
"(iii) the alien's entry into the United States will substantially benefit
prospectively the United States.
"(B) OUTSTANDING PROFESSORS AND RESEARCHERS.--An alien is described in this
subparagraph if-"(i) the alien is recognized internationally as outstanding in a specific
academic area,
"(ii) the alien has at least 3 years of experience in teaching or research in
the academic area, and
"(iii) the alien seeks to enter the United States-"(I) for a tenured position (or tenure-track position) within a university or
institution of higher education to teach in the academic area,
"(II) for a comparable position with a university or institution of higher
education to conduct research in the area, or
"(III) for a comparable position to conduct research in the area with a
department, division, or institute of a private employer, if the department,
division, or institute employs at least 3 persons full-time in research activities
and has achieved documented accomplishments in an academic field.
"(C) CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS.--An alien is described in
this subparagraph if the alien, in the 3 years preceding the time of the alien's
application for classification and admission into the United States under this
subparagraph, has been employed for at least 1 year by a firm or corporation or
other legal entity or an affiliate or subsidiary thereof and who seeks to enter the
United States in order to continue to render services to the same employer or to a
subsidiary or affiliate thereof in a capacity that is managerial or executive.
"(2) ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR ALIENS
OF EXCEPTIONAL ABILITY.-"(A) IN GENERAL.--Visas shall be made available, in a number not to exceed
40,000, plus any visas not required for the classes specified in paragraph (1), to

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qualified immigrants who are members of the professions holding advanced degrees or
their equivalent or who because of their exceptional
ability in the sciences,
arts, or business, will substantially benefit prospectively the national economy,
cultural or educational interests, or welfare of the United States, and whose
services in the sciences, arts, professions, or business are sought by an employer
in the United States.
"(B) WAIVER OF JOB OFFER.--The Attorney General may, when he deems it to be in
the national interest, waive the requirement of subparagraph (A) that an alien's
services in the sciences, arts, or business be sought by an employer in the United
States.
"(C) DETERMINATION OF EXCEPTIONAL ABILITY.--In determining under subparagraph (A)
whether an immigrant has exceptional ability, the possession of a degree, diploma,
certificate, or similar award from a college, university, school, or other
institution of learning or a license to practice <>or
certification for a particular profession or occupation shall not by itself be
considered sufficient evidence of such exceptional ability.
"(3) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.-"(A) IN GENERAL.--Visas shall be made available, in a number not to exceed
40,000, plus any visas not required for the classes specified in paragraphs (1) and
(2), to the following classes of aliens who are not described in paragraph (2):
"(i) SKILLED WORKERS.--Qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of performing skilled labor
(requiring at least 2 years training or experience), not of a temporary or seasonal
nature, for which qualified workers are not available in the United States.
"(ii) PROFESSIONALS.--Qualified immigrants who hold baccalaureate degrees and
who are members of the professions.
"(iii) OTHER WORKERS.--Other qualified immigrants who are capable, at the time
of petitioning for classification under this paragraph, of performing unskilled
labor, not of a temporary or seasonal nature, for which qualified workers are not
available in the United States.
"(B) LIMITATION ON OTHER WORKERS.--Not more than 10,000 of the visas made
available under this paragraph in any fiscal year may be available for qualified
immigrants described in subparagraph (A)(iii).
"(C) LABOR CERTIFICATION REQUIRED.--An immigrant visa may not be issued to an
immigrant under subparagraph (A) until the consular officer is in receipt of a
determination made by the Secretary of Labor pursuant to the provisions of section
212(a)(5)(A).
"(4) CERTAIN SPECIAL IMMIGRANTS.--Visas shall be made available, in a number not
to exceed 10,000, to qualified special immigrants described in section 101(a)(27)
(other than those described in subparagraph (A) or (B) thereof), of which not more
than 5,000 may be made available in any fiscal year to special immigrants described
in subclause (II) or (III) of section 101(a)(27)(C)(ii).
"(5) EMPLOYMENT CREATION.-"(A) IN GENERAL.--Visas shall be made available, in a number not to exceed
10,000, to qualified immigrants seeking to enter the United States for the purpose
of engaging in a new commercial enterprise-"(i) which the alien has established,

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"(ii) in which such alien has invested (after the date of the enactment of the
Immigration Act of 1990) or, is actively in the process of investing, capital in an
amount not less than the amount specified in subparagraph (C), and
"(iii) which will benefit the United States economy and create full-time
employment for not fewer than 10 United States citizens or aliens lawfully admitted
for permanent residence or other immigrants lawfully authorized to be employed in
the United States (other than the immigrant and the immigrant's spouse, sons, or
daughters).
<>"(B) SET-ASIDE FOR TARGETTED EMPLOYMENT AREAS.-"(i) IN GENERAL.--Not less than 3,000 of the visas made available under this
paragraph in each fiscal year shall be reserved for qualified
immigrants who
establish a new commercial enterprise described in subparagraph (A) which will
create employment in a targetted employment area.
"(ii) TARGETTED EMPLOYMENT AREA DEFINED.--In this paragraph, the term
'targetted employment area' means, at the time of the investment, a rural area or an
area which has experienced high unemployment (of at least 150 percent of the
national average rate).
"(iii) RURAL AREA DEFINED.--In this paragraph, the term 'rural area' means any
area other than an area within a metropolitan statistical area or within the outer
boundary of any city or town having a population of 20,000 or more (based on the
most recent decennial census of the United States).
"(C) AMOUNT OF CAPITAL REQUIRED.-"(i) IN GENERAL.--Except as otherwise provided in this subparagraph, the amount
of capital required under subparagraph (A) shall be $1,000,000. The Attorney
General, in consultation with the Secretary of Labor and the Secretary of State, may
from time to time prescribe regulations increasing the dollar amount specified under
the previous sentence.
"(ii) ADJUSTMENT FOR TARGETTED EMPLOYMENT AREAS.--The Attorney General may, in
the case of investment made in a targetted employment area, specify an amount of
capital required under subparagraph (A) that is less than (but not
less than 1/2
of) the amount specified in clause (i).
"(iii) ADJUSTMENT FOR HIGH EMPLOYMENT AREAS.--In the case of an investment made
in a part of a metropolitan statistical area that at the time of the investment-"(I) is not a targetted employment area, and
"(II) is an area with an unemployment rate significantly below the national
average unemployment rate,
the Attorney General may specify an amount of capital required under subparagraph
(A) that is greater than (but not greater than 3 times) the amount specified in
clause (i).".
(b) DETERRING IMMIGRATION-RELATED ENTREPRENEURSHIP FRAUD.-<< 8 USCA §

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(1) CONDITIONAL BASIS FOR PERMANENT RESIDENT STATUS BASED ON ESTABLISHMENT OF
COMMERCIAL ENTERPRISES.--Chapter 2 of title II is amended by inserting after section
216 the following new section:
"CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS,
SPOUSES, AND CHILDREN
"SEC. 216A. (a) IN GENERAL.-"(1) CONDITIONAL BASIS FOR STATUS.--Notwithstanding any other provision of this
Act, an alien entrepreneur (as defined in <> subsection
(f)(1)), alien spouse, and alien child (as defined in subsection (f)(2)) shall be
considered, at the time of obtaining the status of an alien lawfully admitted for
permanent residence, to have obtained such status on a conditional basis subject to
the provisions of this section.
"(2) NOTICE OF REQUIREMENTS.-"(A) AT TIME OF OBTAINING PERMANENT RESIDENCE.--At the time an alien
entrepreneur, alien spouse, or alien child obtains permanent resident status on a
conditional basis under paragraph (1), the Attorney General shall provide for notice
to such an entrepreneur, spouse, or child respecting the provisions of this section
and the requirements of subsection (c)(1) to have the conditional basis of such
status removed.
"(B) AT TIME OF REQUIRED PETITION.--In addition, the Attorney General shall
attempt to provide notice to such an entrepreneur, spouse, or child, at or about the
beginning of the 90-day period described in subsection (d)(2)(A), of the
requirements of subsection (c)(1).
"(C) EFFECT OF FAILURE TO PROVIDE NOTICE.--The failure of the Attorney General to
provide a notice under this paragraph shall not affect the
enforcement of the
provisions of this section with respect to such an entrepreneur, spouse, or child.
"(b) TERMINATION OF STATUS IF FINDING THAT QUALIFYING ENTREPRENEURSHIP IMPROPER.-"(1) IN GENERAL.--In the case of an alien entrepreneur with permanent resident
status on a conditional basis under subsection (a), if the Attorney General
determines, before the second anniversary of the alien's obtaining the status of
lawful admission for permanent residence, that-"(A) the establishment of the commercial enterprise was intended solely as a
means of evading the immigration laws of the United States,
"(B)(i) a commercial enterprise was not established by the alien,
"(ii) the alien did not invest or was not actively in the process of investing
the requisite capital; or
"(iii) the alien was not sustaining the actions described in clause (i) or
throughout the period of the alien's residence in the United States, or

(ii)

"(C) the alien was otherwise not conforming to the requirements of section
203(b)(5),
then the Attorney General shall so notify the alien involved and, subject to
paragraph (2), shall terminate the permanent resident status of the alien (and
alien spouse and alien child) involved as of the date of the determination.

the

"(2) HEARING IN DEPORTATION PROCEEDING.--Any alien whose permanent resident status

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is terminated under paragraph (1) may request a review of such determination in a
proceeding to deport the alien. In such proceeding, the burden of proof shall be on
the Attorney General to establish, by a preponderance of the evidence, that a
condition described in paragraph (1) is met.
"(c) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR REMOVAL OF CONDITION.-<>"(1) IN GENERAL.--In order for the conditional basis
established under subsection (a) for an alien entrepreneur, alien spouse, or alien
child to be removed-"(A) the alien entrepreneur must submit to the Attorney General, during the
period described in subsection (d)(2), a petition which requests the removal of such
conditional basis and which states, under penalty of perjury, the facts and
information described in subsection (d)(1), and
"(B) in accordance with subsection (d)(3), the alien entrepreneur must appear for
a personal interview before an officer or employee of the Service respecting the
facts and information described in subsection (d)(1).
"(2) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAILURE TO FILE PETITION OR
HAVE PERSONAL INTERVIEW.-"(A) IN GENERAL.--In the case of an alien with permanent resident status on a
conditional basis under subsection (a), if-"(i) no petition is filed with respect to the alien in accordance with the
provisions of paragraph (1)(A), or
"(ii) unless there is good cause shown, the alien entrepreneur fails to appear
at the interview described in paragraph (1)(B) (if required under subsection
(d)(3)),
the Attorney General shall terminate the permanent resident status of the alien as
of the second anniversary of the alien's lawful admission for permanent residence.
"(B) HEARING IN DEPORTATION PROCEEDING.--In any deportation proceeding with
respect to an alien whose permanent resident status is terminated under subparagraph
(A), the burden of proof shall be on the alien to establish compliance with the
conditions of paragraphs (1)(A) and (1)(B).
"(3) DETERMINATION AFTER PETITION AND INTERVIEW.-"(A) IN GENERAL.--If-"(i) a petition is filed in accordance with the provisions of paragraph

(1)(A),

and
"(ii) the alien entrepreneur appears at any review described in paragraph
(1)(B),
the Attorney General shall make a determination, within 90 days of the date of the
such filing or interview (whichever is later), as to whether the facts and
information described in subsection (d)(1) and alleged in the petition are true with
respect to the qualifying commercial enterprise.
"(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION.--If the Attorney
General determines that such facts and information are true, the Attorney General
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shall so notify the alien involved and shall remove the conditional basis of the
alien's status effective as of the second anniversary of the alien's obtaining the
status of lawful admission for permanent residence.
"(C) TERMINATION IF ADVERSE DETERMINATION.--If the Attorney General determines
that such facts and information are not true, the Attorney General shall so notify
the alien involved and, subject to subparagraph (D), shall terminate the permanent
resident status of an alien entrepreneur, alien spouse, or alien child as of the
date of the determination.
<>"(D) HEARING IN DEPORTATION PROCEEDING.--Any alien whose
permanent resident status is terminated under subparagraph (C) may
request a
review of such determination in a proceeding to deport the alien. In such
proceeding, the burden of proof shall be on the Attorney General to establish, by a
preponderance of the evidence, that the facts and information described in
subsection (d)(1) and alleged in the petition are not true with respect to the
qualifying commercial enterprise.
"(d) DETAILS OF PETITION AND INTERVIEW.-"(1) CONTENTS OF PETITION.--Each petition under subsection (c)(1)(A) shall contain
facts and information demonstrating that-"(A) a commercial enterprise was established by the alien;
"(B) the alien invested or was actively in the process of investing the requisite
capital; and
"(C) the alien sustained the actions described in subparagraphs (A) and (B)
throughout the period of the alien's residence in the United States.
"(2) PERIOD FOR FILING PETITION.-"(A) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY.--Except as provided in subparagraph
(B), the petition under subsection (c)(1)(A) must be filed during the 90-day period
before the second anniversary of the alien's obtaining the status of lawful
admission for permanent residence.
"(B) DATE PETITIONS FOR GOOD CAUSE.--Such a petition may be considered if filed
after such date, but only if the alien establishes to the satisfaction
of the
Attorney General good cause and extenuating circumstances for failure to file the
petition during the period described in subparagraph (A).
"(C) FILING OF PETITIONS DURING DEPORTATION.--In the case of an alien who is the
subject of deportation hearings as a result of failure to file a petition on a
timely basis in accordance with subparagraph (A), the Attorney General may stay such
deportation proceedings against an alien pending the filing of the petition under
subparagraph (B).
"(3) PERSONAL INTERVIEW.--The interview under subsection (c)(1)(B) shall be
conducted within 90 days after the date of submitting a petition under subsection
(c)(1)(A) and at a local office of the Service, designated by the Attorney General,
which is convenient to the parties involved. The Attorney General, in the Attorney
General's discretion, may waive the deadline for such an interview or the
requirement for such an interview in such cases as may be appropriate.
"(e) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION.--For purposes of title
III, in the case of an alien who is in the United States as a lawful permanent
resident on a conditional basis under this section, the alien shall be considered to
have been admitted as an alien lawfully admitted for permanent residence and to be

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in the United States as an alien lawfully admitted to the United States for
permanent residence.
"(f) DEFINITIONS.--In this section:
"(1) The term 'alien entrepreneur' means an alien who obtains the status of an
alien lawfully admitted for permanent <>residence (whether on a
conditional basis or otherwise) under section 203(b)(5).
"(2) The term 'alien spouse' and the term 'alien child' mean an alien who obtains
the status of an alien lawfully admitted for permanent residence (whether on a
conditional basis or otherwise) by virtue of being the spouse or child,
respectively, of an alien entrepreneur.".
(2) ADDITIONAL GROUND FOR DEPORTATION.--For additional ground of exclusion for
termination of permanent residence on a conditional basis under section 216A of the
Immigration and Nationality Act, see section 241(a)(1)(D) of such Act, as amended by
section 602(a) of this Act.
<< 8 USCA §

1325 >>

(3) CRIMINAL PENALTY FOR IMMIGRATION-RELATED ENTREPRENEURSHIP FRAUD.--Section 275
(8 U.S.C. 1325) is amended by adding at the end the following new subsection:
"(c) Any individual who knowingly establishes a commercial enterprise for the
purpose of evading any provision of the immigration laws shall be imprisoned for not
more than 5 years, fined in accordance with title 18, United States Code, or both.".
<< 8 USCA §

1255 >>

(4) LIMITATION ON ADJUSTMENT OF STATUS.--Section 245 (8 U.S.C. 1255) is amended by
adding at the end the following new subsection:
"(f) The Attorney General may not adjust, under subsection (a), the status of an
alien lawfully admitted to the United States for permanent residence on a
conditional basis under section 216A.".
(5) CONFORMING AMENDMENT.--The table of contents is amended by inserting after the
item relating to section 216 the following new item:
"Sec. 216A. Conditional permanent resident status for certain alien entrepreneurs,
spouses, and children.".
<< 8 USCA §

1182 NOTE >>

SEC. 122. CHANGES IN LABOR CERTIFICATION PROCESS.
(a) LABOR MARKET INFORMATION PILOT PROGRAM FOR EMPLOYMENT-BASED IMMIGRANTS.-- (1)
The Secretary of Labor shall establish a pilot program which provides for a
determination, in accordance with section 553 of title 5, United States Code, of
labor shortages or surpluses in up to 10 defined occupational classifications in the
United States. In making such determinations, the Secretary shall consider
certifications approved under section 212(a)(5)(A) of the Immigration and
Nationality Act and labor market and other information.
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(2)(A) If under the pilot program there is a determination that there is a labor
shortage with respect to an occupational classification, a certification under
section 212(a)(5)(A) of the Immigration and Nationality Act for petitions for that
occupational classification shall be deemed to have been issued.
(B) If under the pilot program there is a determination that there is a labor
surplus with respect to an occupational classification, the Secretary of Labor may
nonetheless make a certification under section 212(a)(5)(A) of the Immigration and
Nationality Act with regard to a specific job opportunity in the occupational
classification if the employer submits evidence, based on extensive recruitment
efforts (including such efforts as the Secretary may require), demonstrating that
the employer meets all the requirements for certification under such section.
<>(3) The pilot program under this subsection shall only be
effective for applications for certifications filed during the 3-fiscal-year period
beginning with fiscal year 1992.
(4) By not later than April 1, 1994, the Secretary of Labor shall report to the
Committees on Education and Labor and Judiciary of the House of Representatives and
the Committees on Labor and Human Resources and the Judiciary of the Senate on the
operation of the pilot program under this subsection and whether the program should
be extended and the number of defined occupational classifications permitted under
the program if it is extended.
(b) NOTICE IN LABOR CERTIFICATIONS.--The Secretary of Labor shall provide, in the
labor certification process under section 212(a)(5)(A) of the Immigration and
Nationality Act, that-(1) no certification may be made unless the applicant for certification has, at
the time of filing the application, provided notice of the filing (A) to the
bargaining representative (if any) of the employer's employees in the occupational
classification and area for which aliens are sought, or (B) if there is no such
bargaining representative, to employees employed at the facility through posting in
conspicuous locations; and
(2) any person may submit documentary evidence bearing on the application for
certification (such as information on available workers, information on wages and
working conditions, and information on the employer's failure to meet terms and
conditions with respect to the employment of alien workers and co- workers).
<< 8 USCA §

1101 >>

SEC. 123. DEFINITIONS OF MANAGERIAL CAPACITY AND EXECUTIVE CAPACITY.
Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following:
"(44)(A) The term 'managerial capacity' means an assignment within an organization
in which the employee primarily-"(i) manages the organization, or a department, subdivision, function, or
component of the organization;
"(ii) supervises and controls the work of other supervisory, professional, or
managerial employees, or manages an essential function within the organization, or a
department or subdivision of the organization;
"(iii) if another employee or other employees are directly supervised, has the
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authority to hire and fire or recommend those as well as other personnel actions
(such as promotion and leave authorization) or, if no other employee is directly
supervised, functions at a senior level within the organizational hierarchy or with
respect to the function managed; and
"(iv) exercises discretion over the day-to-day operations of the activity or
function for which the employee has authority.
A first-line supervisor is not considered to be acting in a managerial capacity
merely by virtue of the supervisor's supervisory duties unless the employees
supervised are professional.
"(B) The term 'executive capacity' means an assignment within an organization in
which the employee primarily-"(i) directs the management of the organization or a major component or function
of the organization;
"(ii) establishes the goals and policies of the organization, component, or
function;
<>"(iii) exercises wide latitude in discretionary decisionmaking; and
"(iv) receives only general supervision or direction from higher level executives,
the board of directors, or stockholders of the organization.
"(C) If staffing levels are used as a factor in determining whether an individual
is acting in a managerial or executive capacity, the Attorney General shall take
into account the reasonable needs of the organization, component, or function in
light of the overall purpose and stage of development of the organization,
component, or function. An individual shall not be considered to be acting in a
managerial or executive capacity (as previously defined) merely on the basis of the
number of employees that the individual supervises or has supervised or directs or
has directed.".
<< 8 USCA §

1153 NOTE >>

SEC. 124. TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN
HONG KONG.
(a) ADDITIONAL VISA NUMBERS.-(1) TREATMENT OF PRINCIPALS.--In the case of any alien described in paragraph (3)
with respect to whom a classification petition has been filed and approved under
subsection (b), there shall be made available, in addition to the immigrant visas
otherwise available in each of fiscal years 1991 through 1993 and without regard to
section 202(a) of the Immigration and Nationality Act, up to 12,000 additional
immigrant visas.
(2) DERIVATIVE RELATIVES.--A spouse or child (as defined in section 101(b)(1)(A),
(B), (C), (D), or (E) of the Immigration and Nationality Act) shall, if not
otherwise entitled to an immigrant status and the immediate issuance of a visa
under this section, be entitled to the same status, and the same order of
consideration, provided under this section, if accompanying, or following to join,
the alien's spouse or parent.
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(3) EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG.--An
alien is described in this paragraph if the alien-(A) is a resident of Hong Kong and is employed in Hong Kong (and has been so
employed during the 12 previous, consecutive months) as an officer or supervisor or
in a capacity that is managerial, executive, or involves specialized knowledge, by a
business entity which (i) is owned and organized in the United States (or is the
subsidiary or affiliate of a business owned and organized in the United States),
(ii) employs at least 100 employees in the United States and at least 50 employees
outside the United States, and (iii) has a gross annual income of at least
$50,000,000, and
(B) has an offer of employment from such business entity in the United States as
an officer or supervisor or in a capacity that is managerial, executive, or involves
specialized knowledge, which offer (i) is effective from the time of filing the
petition for classification under this section through and including the time of
entry into the United States and (ii) provides for salary and benefits comparable to
the salary and benefits provided to others with similar responsibilities and
experience within the
same company.
(b) PETITIONS.--Any employer desiring and intending to employ within the United
States an alien described in subsection (a)(3) may <>file a
petition with the Attorney General for such classification. No visa may be issued
under subsection (a)(1) until such a petition has been approved.
(c) ALLOCATION.--Visa numbers made available under subsection (a) shall be made
available in the order which petitions under subsection (b) are filed with the
Attorney General.
(d) DEFINITIONS.--In this section:
(1) EXECUTIVE CAPACITY.--The term "executive capacity" has the meaning given such
term in section 101(a)(44)(B) of the Immigration and Nationality Act, as added by
section 123 of this Act.
(2) MANAGERIAL CAPACITY.--The term "managerial capacity" has the meaning given
such term in section 101(a)(44)(A) of the Immigration and Nationality Act, as added
by section 123 of this Act.
(3) OFFICER.--The term "officer" means, with respect to a business entity, the
chairman or vice-chairman of the board of directors of the entity, the chairman or
vice-chairman of the executive committee of the board of directors, the president,
any vice-president, any assistant vice-president, any senior trust officer, the
secretary, any assistant secretary, the treasurer, any assistant treasurer, any
trust officer or associate trust officer, the controller, any assistant controller,
or any other officer of the entity customarily performing functions similar to those
performed by any of the above officers.
(4) SPECIALIZED KNOWLEDGE.--The term "specialized knowledge" has the meaning given
such term in section 214(c)(2)(B) of the Immigration and Nationality Act, as amended
by section 206(b)(2) of this Act.
(5) SUPERVISOR.--The term "supervisor" means any individual having authority, in
the interest of the employer, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or responsibility to
direct them, or to adjust their grievances, or effectively recommend such action, if
in connection with the foregoing the exercise of such authority is not merely of a
routine or clerical nature, but requires the use of independent judgment.

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PART 3--DIVERSITY IMMIGRANTS
<< 8 USCA §

1153 >>

SEC. 131. DIVERSITY IMMIGRANTS.
Section 203, as amended by sections 111 and 121 of this Act, is further amended by
inserting after subsection (b) the following new subsection:
"(c) DIVERSITY IMMIGRANTS.-"(1) IN GENERAL.--Except as provided in paragraph (2), aliens subject to the
worldwide level specified in section 201(e) for diversity immigrants shall be
allotted visas each fiscal year as follows:
"(A) DETERMINATION OF PREFERENCE IMMIGRATION.--The Attorney General shall
determine for the most recent previous 5-fiscal-year period for which data are
available, the total number of aliens who are natives of each foreign state and who
(i) were admitted or otherwise provided lawful permanent resident status (other than
under this subsection) and (ii) were subject to the numerical limitations of
<>section 201(a) (other than paragraph (3) thereof) or who were
admitted or otherwise provided lawful permanent resident status as an immediate
relative or other alien described in section 201(b)(2).
"(B) IDENTIFICATION OF HIGH-ADMISSION AND LOW-ADMISSION REGIONS AND HIGHADMISSION AND LOW-ADMISSION STATES.--The Attorney General-"(i) shall identify-"(I) each region (each in this paragraph referred to as a 'high-admission
region') for which the total of the numbers determined under subparagraph (A) for
states in the region is greater than 1/6 of the total of all such numbers, and
"(II) each other region (each in this paragraph referred to as a 'lowadmission region'); and
"(ii) shall identify-"(I) each foreign state for which the number determined under subparagraph (A)
is greater than 50,000 (each such state in this paragraph referred to as a 'highadmission state'), and
"(II) each other foreign state (each such state in this paragraph referred to
as a 'low-admission state').
"(C) DETERMINATION OF PERCENTAGE OF WORLDWIDE IMMIGRATION ATTRIBUTABLE TO HIGHADMISSION REGIONS.--The Attorney General shall determine the percentage of the total
of the numbers determined under subparagraph (A) that are numbers for foreign states
in high-admission regions.
"(D) DETERMINATION OF REGIONAL POPULATIONS EXCLUDING HIGH-ADMISSION STATES AND
RATIOS OF POPULATIONS OF REGIONS WITHIN LOW-ADMISSION REGIONS AND HIGH-ADMISSION
REGIONS.--The Attorney General shall determine-"(i) based on available estimates for each region, the total population of each
region not including the population of any high-admission state;
"(ii) for each low-admission region, the ratio of the population of the region
determined under clause (i) to the total of the populations determined under such

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clause for all the low-admission regions;

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and

"(iii) for each high-admission region, the ratio of the population of the region
determined under clause (i) to the total of the populations determined under such
clause for all the high-admission regions.
"(E) DISTRIBUTION OF VISAS.-"(i) NO VISAS FOR NATIVES OF HIGH-ADMISSION STATES.--The percentage of visas
made available under this paragraph to natives of a high-admission state is 0.
"(ii) FOR LOW-ADMISSION STATES IN LOW-ADMISSION REGIONS.--Subject to clauses
(iv) and (v), the percentage of visas made available under this paragraph to natives
(other than natives of a high-admission state) in a low-admission region is the
product of-"(I) the percentage determined under subparagraph (C), and
"(II) the population ratio for that region determined under subparagraph
(D)(ii).
<>"(iii) FOR LOW-ADMISSION STATES IN HIGH-ADMISSION
REGIONS.--Subject to clauses (iv) and (v), the percentage of visas made available
under this paragraph to natives (other than natives of a highadmission state) in
a high-admission region is the product of-"(I) 100 percent minus the percentage determined under subparagraph (C), and
"(II) the population ratio for that region determined under subparagraph
(D)(iii).
"(iv) REDISTRIBUTION OF UNUSED VISA NUMBERS.--If the Secretary of State
estimates that the number of immigrant visas to be issued to natives in any region
for a fiscal year under this paragraph is less than the number of immigrant visas
made available to such natives under this paragraph for the fiscal year, subject to
clause (v), the excess visa numbers shall be made available to natives (other than
natives of a high-admission state) of the other regions in proportion to the
percentages otherwise specified in clauses (ii) and (iii).
"(v) LIMITATION ON VISAS FOR NATIVES OF A SINGLE FOREIGN STATE.--The percentage
of visas made available under this paragraph to natives of any single foreign state
for any fiscal year shall not exceed 7 percent.
"(F) REGION DEFINED.--Only for purposes of administering the diversity program
under this subsection, Northern Ireland shall be treated as a separate foreign
state, each colony or other component or dependent area of a foreign state overseas
from the foreign state shall be treated as part of the
foreign state, and the
areas described in each of the following clauses shall be considered to be a
separate region:
"(i) Africa.
"(ii) Asia.
"(iii) Europe.
"(iv) North America (other than Mexico).
"(v) Oceania.

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"(vi) South America, Mexico, Central America, and the Caribbean.
"(2) REQUIREMENT OF EDUCATION OR WORK EXPERIENCE.--An alien is not eligible for a
visa under this subsection unless the alien-"(A) has at least a high school education or its equivalent, or
"(B) has, within 5 years of the date of application for a visa under this
subsection, at least 2 years of work experience in an occupation which requires at
least 2 years of training or experience.
"(3) MAINTENANCE OF INFORMATION.--The Secretary of State shall maintain
information on the age, occupation, education level, and other relevant
characteristics of immigrants issued visas under this subsection.".
<< 8 USCA §

1153 NOTE >>

<>SEC. 132. DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF
CERTAIN ADVERSELY AFFECTED FOREIGN STATES.
(a) IN GENERAL.--Notwithstanding the numerical limitations in sections 201 and 202
of the Immigration and Nationality Act, there shall be made available to qualified
immigrants described in subsection (b) 40,000 immigrant visas in each of fiscal
years 1992, 1993, and 1994.
(b) QUALIFIED ALIEN DESCRIBED.--An alien described in this subsection is an alien
who-(1) is a native of a foreign state that is not contiguous to the United States and
that was identified as an adversely affected foreign state for purposes of section
314 of the Immigration Reform and Control Act of 1986,
(2) has a firm commitment for employment in the United States for a period of at
least 1 year (beginning on the date of admission under this section), and
(3) except as provided in subsection (c), is admissible as an immigrant.
(c) DISTRIBUTION OF VISA NUMBERS.--The Secretary of State shall provide for making
immigrant visas provided under subsection (a) available in the chronological order
in which aliens apply for each fiscal year, except that at least 40 percent of the
number of such visas in each fiscal year shall be made available to natives of the
foreign state the natives of which received the greatest number of visas issued
under section 314 of the Immigration Reform and Control Act (or to aliens described
in subsection (d) who are the spouses or children of such natives).
(d) DERIVATIVE STATUS FOR SPOUSES AND CHILDREN.--A spouse or child (as defined in
section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and Nationality Act)
shall, if not otherwise entitled to an immigrant status and the immediate issuance
of a visa under this section, be entitled to the same status, and the same order of
consideration, provided under this section, if accompanying, or following to join,
his spouse or parent.
(e) WAIVERS OF GROUNDS OF EXCLUSION.--In determining the admissibility of an alien
provided a visa number under this section, the grounds of exclusion specified in
paragraphs (5)(B) and (7)(A) of section 212(a) of the Immigration and Nationality
Act shall not apply, and the Attorney General shall waive the ground of exclusion
specified in paragraph (6)(C) of such section, unless the Attorney General finds
that such a waiver is not in the national interest.
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(f) APPLICATION FEE.--The Secretary of State shall require payment of a reasonable
fee for the filing of an application under this section in order to cover the costs
of processing applications under this section.
<< 8 USCA §

1153

NOTE >>

SEC. 133. ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE BEEN NOTIFIED OF
AVAILABILITY OF NP-5 VISAS.
Notwithstanding the numerical limitations in sections 201 and 202 of the
Immigration and Nationality Act, there shall be made available in fiscal year 1991
immigrant visa numbers for qualified immigrants who-(1) were notified by the Secretary of State before May 1, 1990, of their selection
for issuance of a visa under section 314 of the Immigration Reform and Control Act
of 1986, and
(2) are qualified for the issuance of such a visa but for (A) numerical and fiscal
year limitations on the issuance of such <>visas, (B) section
212(a)(19) or 212(e) of the Immigration and Nationality Act, or (C) the fact that
the immigrant was a national, but not a native, of a foreign state described in
section 314 of the Immigration Reform and Control Act of 1986.
Visas shall be made available under this section to spouses and children of
qualified immigrants in the same manner as such visas were made available to such
spouses and children under section 314 of the Immigration Reform and Control Act of
1986. The Attorney General may waive section 212(a)(19) of the Immigration and
Nationality Act (or, on or after June 1, 1991, section 212(a)(6)(C) of such Act) in
the case of qualified immigrants described in the first sentence of this section.
<< 8 USCA §

1153 NOTE >>

SEC. 134. TRANSITION FOR DISPLACED TIBETANS.
(a) IN GENERAL.--Notwithstanding the numerical limitations in sections 201 and 202
of the Immigration and Nationality Act, there shall be made available to qualified
displaced Tibetans described in subsection (b) 1,000 immigrant visas in the 3fiscal-year period beginning with fiscal year 1991.
(b) QUALIFIED DISPLACED TIBETAN DESCRIBED.--An alien described in this subsection
is an alien who-(1) is a native of Tibet, and
(2) since before date of the enactment of this Act, has been continuously residing
in India or Nepal.
For purposes of paragraph (1), an alien shall be considered to be a native of Tibet
if the alien was born in Tibet or is the son, daughter, grandson, or granddaughter
of an individual born in Tibet.
(c) DISTRIBUTION OF VISA NUMBERS.--The Secretary of State shall provide for making
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immigrant visas provided under subsection
described in subsection (b) (or described
of such an alien) in an equitable manner,
not firmly resettled in India or Nepal or
successfully in the United States.

Page 27

(a) available to displaced aliens
in subsection (d) as the spouse or child
giving preference to those aliens who are
who are most likely to be resettled

(d) DERIVATIVE STATUS FOR SPOUSES AND CHILDREN.--A spouse or child (as defined in
section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and Nationality Act)
shall, if not otherwise entitled to an immigrant status and the immediate issuance
of a visa under this section, be entitled to the same status, and the same order of
consideration, provided under this section, if accompanying, or following to join,
his spouse or parent.
Subtitle C--Commission and Information
<< 8 USCA §

1101 NOTE >>

SEC. 141. COMMISSION ON LEGAL IMMIGRATION REFORM.
(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION.--(1) Effective October 1, 1991,
there is established a Commission on Legal Immigration Reform (in this section
referred to as the "Commission") which shall be composed of 9 members to be
appointed as follows:
(A) One member who shall serve as Chairman, to be appointed by the President.
(B) Two members to be appointed by the Speaker of the House of Representatives who
shall select such members from a list of nominees provided by the Chairman of the
Subcommittee on <>Immigration, Refugees, and International Law
of the Committee on the Judiciary of the House of Representatives.
(C) Two members to be appointed by the Minority Leader of the House of
Representatives who shall select such members from a list of nominees provided by
the ranking minority member of the Subcommittee on Immigration, Refugees, and
International Law of the Committee on the Judiciary of the House of Representatives.
(D) Two members to be appointed by the Majority Leader of the Senate who shall
select such members from a list of nominees provided by the Chairman of the
Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of
the Senate.
(E) Two members to be appointed by the Minority Leader of the Senate who shall
select such members from a list of nominees provided by the ranking minority member
of the Subcommittee on Immigration and Refugee Affairs of the Committee on the
Judiciary of the Senate.
(2) Initial appointments to the Commission shall be made during the 45-day period
beginning on October 1, 1991. A vacancy in the Commission shall be filled in the
same manner in which the original appointment was made.
(3) Members shall be appointed to serve for the life of the Commission, except that
the term of the member described in paragraph (1)(A) shall expire at noon on January
20, 1993, and the President shall appoint an individual to serve for the remaining
life of the Commission.
(b) FUNCTIONS OF COMMISSION.--The Commission shall-(1) review and evaluate the impact of this Act and the amendments made by this
Act, in accordance with subsection (c); and

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(2) transmit to the Congress-(A) not later than September 30, 1994, a first report describing the progress
made in carrying out paragraph (1), and
(B) not later than September 30, 1997, a final report setting forth the
Commission's findings and recommendations, including such recommendations for
additional changes that should be made with respect to legal immigration into the
United States as the Commission deems appropriate.
(c) CONSIDERATIONS.-(1) PARTICULAR CONSIDERATIONS.--In particular, the Commission shall consider the
following:
(A) The requirements of citizens of the United States and of aliens lawfully
admitted for permanent residence to be joined in the United States by immediate
family members and the impact which the establishment of a national level of
immigration has upon the availability and priority of family preference visas.
(B) The impact of immigration and the implementation of the employment-based and
diversity programs on labor needs, employment, and other economic and domestic
conditions in the United States.
(C) The social, demographic, and natural resources impact of immigration.
(D) The impact of immigration on the foreign policy and national security
interests of the United States.
<>(E) The impact of per country immigration levels on
family-sponsored immigration.
(F) The impact of the numerical limitation on the adjustment of status of aliens
granted asylum.
(G) The impact of the numerical limitations on the admission of nonimmigrants
under section 214(g) of the Immigration and Nationality Act.
(2) DIVERSITY PROGRAM.--The Commission shall analyze the information maintained
under section 203(c)(3) of the Immigration and Nationality Act and shall report to
Congress in its report under subsection (b)(2) on-(A) the characteristics of individuals admitted under section 203(c) of the
Immigration and Nationality Act, and
(B) how such characteristics compare to the characteristics of family-sponsored
immigrants and employment-based immigrants.
The Commission shall include in the report an assessment of the effect of the
requirement of paragraph (2) of section 203(c) of the Immigration and Nationality
Act on the diversity, educational, and skill level of aliens admitted.
(d) COMPENSATION OF MEMBERS.--(1) Each member of the Commission who is not an
officer or employee of the Federal Government is entitled to receive, subject to
such amounts as are provided in advance in appropriations Acts, pay at the daily
equivalent of the minimum annual rate of basic pay in effect for grade GS-18 of the
General Schedule. Each member of the Commission who is such an officer or employee
shall serve without additional pay.

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(2) While away from their homes or regular places of business in the performance of
services for the Commission, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence.
(e) MEETINGS, STAFF, AND AUTHORITY OF COMMISSION.--The provisions of subsections
(e) through (g) of section 304 of the Immigration Reform and Control Act of 1986
shall apply to the Commission in the same manner as they apply to the Commission
established under such section, except that paragraph (2) of subsection (e) thereof
shall not apply.
(f) AUTHORIZATION OF APPROPRIATIONS.--(1) There are authorized to be appropriated
to the Commission such sums as may be necessary to carry out this section.
(2) Notwithstanding any other provision of this section, the authority to make
payments, or to enter into contracts, under this section shall be effective only to
such extent, or in such amounts, as are provided in advance in appropriations Acts.
(g) TERMINATION DATE.--The Commission shall terminate on the date on which a final
report is required to be transmitted under subsection (b)(2)(B), except that the
Commission may continue to function until January 1, 1998, for the purpose of
concluding its activities, including providing testimony to standing committees of
Congress concerning its final report under this section and disseminating that
report.
(h) CONGRESSIONAL RESPONSE.--(1) No later than 90 days after the date of receipt of
each report transmitted under subsection (b)(2), the Committees on the Judiciary of
the House of Representatives and of the Senate shall initiate hearings to consider
the findings and recommendations of the report.
<>(2) No later than 180 days after the date of receipt of
such a report, each such Committee shall report to its respective House its
oversight findings and any legislation it deems appropriate.
<< 8 USCA §

1103 >>

SEC. 142. STATISTICAL INFORMATION SYSTEM.
Section 103 (8 U.S.C. 1103) is amended by adding at the end the following new
subsections:
"(c)(1) The Commissioner, in consultation with interested academicians, government
agencies, and other parties, shall provide for a system for collection and
dissemination, to Congress and the public, of information (not in individually
identifiable form) useful in evaluating the social, economic, environmental, and
demographic impact of immigration laws.
"(2) Such information shall include information on the alien population in the
United States, on the rates of naturalization and emigration of resident aliens, on
aliens who have been admitted, paroled, or granted asylum, on nonimmigrants in the
United States (by occupation, basis for admission, and duration of stay), on aliens
who have been excluded or deported from the United States, on the number of
applications filed and granted for suspension of deportation, and on the number of
aliens estimated to be present unlawfully in the United States in each fiscal year.
"(3) Such system shall provide for the collection and dissemination of such
information not less often than annually.

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"(d)(1) The Commissioner shall submit to Congress annually a report which contains
a summary of the information collected under subsection (c) and an analysis of
trends in immigration and naturalization.
"(2) Each annual report shall include information on the number, and rate of denial
administratively, of applications for naturalization, for each district office of
the Service and by national origin group.".
Subtitle D--Miscellaneous
SEC. 151. REVISION OF SPECIAL IMMIGRANT PROVISIONS RELATING TO RELIGIOUS WORKERS (C
SPECIAL IMMIGRANTS).

<< 8 USCA §

1101 >>

(a) IN GENERAL.--Subparagraph (C) of section 101(a)(27) (8 U.S.C. 1101(a)(27)) is
amended to read as follows:
"(C) an immigrant, and the immigrant's spouse and children if accompanying or
following to join the immigrant, who-"(i) for at least 2 years immediately preceding the time of application for
admission, has been a member of a religious denomination having a bona fide
nonprofit, religious organization in the United States;
"(ii) seeks to enter the United States-"(I) solely for the purpose of carrying on the vocation of a minister of that
religious denomination,
"(II) before October 1, 1994, in order to work for the organization at the
request of the organization in a professional capacity in a religious vocation or
occupation, or
"(III) before October 1, 1994, in order to work for the organization (or for a
bona fide organization which is affiliated with the religious denomination and is
exempt from taxation as an organization described in << PUB#PG=1000457,5005>>section
501(c)(3) of the Internal Revenue Code of 1986) at the request of the organization
in a religious vocation or occupation;
and
"(iii) has been carrying on such vocation, professional work, or other work
continuously for at least the 2-year period described in clause (i);".
(b) REFERENCE TO NEW NONIMMIGRANT CLASSIFICATION.--For establishment of
nonimmigrant classification for religious workers, see section 209.
<< 8 USCA §

1101 NOTE >>

SEC. 152. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED AT THE UNITED STATES
MISSION IN HONG KONG (D SPECIAL IMMIGRANTS).
(a) IN GENERAL.--Subject to subsection (c), an alien described in subsection (b)
shall be treated as a special immigrant described in section 101(a)(27)(D) of the
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Immigration and Nationality Act.
(b) ALIENS COVERED.--An alien is described in this subsection if-(1) the alien is-(A) an employee at the United States consulate in Hong Kong under the authority
of the Chief of Mission (including employment pursuant to section 5913 of title 5,
United States Code) who has performed faithful service for a total of three years or
more, or
(B) a member of the immediate family (as defined in 6 Foreign Affairs Manual 117k
as of the date of the enactment of this Act) of an employee described in
subparagraph (A) who has been living with the employee in the same household;
(2) the welfare of the employee or such an immediate family member is subject to a
clear threat due directly to the employee's employment with the United States
Government or under a United States Government official; and
(3) the principal officer in Hong Kong, in the officer's discretion, has
recommended the granting of special immigrant status to such alien in exceptional
circumstances and the Secretary of State approves such recommendation and finds that
it is in the national interest to grant such status.
(c) EXPIRATION.--Subsection (a) shall only apply to aliens who file an application
for special immigrant status under this section by not later than January 1, 2002.
(d) LIMITED WAIVER OF NUMERICAL LIMITATIONS.--The first 500 visas made available
to aliens as special immigrants under this section shall not be counted against any
numerical limitation established under section 201 or 202 of the Immigration and
Nationality Act.
SEC. 153. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS DECLARED DEPENDENT ON A
JUVENILE COURT (J SPECIAL IMMIGRANTS).

<< 8 USCA §

1101 >>

(a) IN GENERAL.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended-(1) by striking "or" at the end of subparagraph (H),
(2) by striking the period at the end of subparagraph (I) and inserting
and

";

or",

(3) by adding at the end the following new subparagraph:
"(J) an immigrant (i) who has been declared dependent on a juvenile court located
in the United States and has been deemed eligible by that court for long-term foster
care, and (ii) for whom <>it has been determined in
administrative or judicial proceedings that it would not be in the alien's best
interest to be returned to the alien's or parent's previous country of nationality
or country of last habitual residence; except that no natural parent or prior
adoptive parent of any alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this Act.".
(b) WAIVER OF GROUNDS FOR DEPORTATION.-Copr. ©

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<< 8 USCA §

Page 32

1251 >>

(1) IN GENERAL.--Section 241 (8 U.S.C. 1251) is amended by adding at the end the
following new subsection:
"(h) Paragraphs (1), (2), (5), (9), or (12) of subsection 241(a) (other than so
much of paragraph (1) as relates to a ground of exclusion described in paragraph
(9), (10), (23), (27), (29), or (33) of section 212(a)) shall not apply to a special
immigrant described in section 101(a)(27)(J) based upon circumstances that exist
before the date the alien was provided such special immigrant status.".
<< 8 USCA §
<< 8 USCA §

1251 >>

1251 NOTE >>

(2) USE OF NEW GROUNDS FOR DEPORTATION.--Effective on the date that the amendments
made by section 602 of this Act become effective, the subsection added by paragraph
(1) is amended to read as follows:
"(h) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), or (3)(A), of subsection 241(a)
(other than so much of paragraph (1) as relates to a ground of exclusion described
in paragraph (2) or (3) of section 212(a)) shall not apply to a special immigrant
described in section 101(a)(27)(J) based upon circumstances that exist before the
date the alien was provided such special immigrant status.".
<< 8 USCA §

1201 NOTE >>

SEC. 154. PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS FOR CERTAIN
RESIDENTS OF HONG KONG.
(a) EXTENDING PERIOD OF VALIDITY.-(1) IN GENERAL.--Subject to paragraph (2), the limitation on the period of
validity of an immigrant visa under section 221(c) of the Immigration and
Nationality Act shall not apply in the case of an immigrant visa issued, on or after
the date of the enactment of this Act and before September 1, 2001, to an alien
described in subsection (b), but only if-(A) the alien elects, within the period of validity of the immigrant visa under
such section, to have this section apply, and
(B) before the date the alien seeks to be admitted to the United States for
lawful permanent residence, the alien notifies the appropriate consular officer of
the alien's intention to seek such admission and provides such officer with such
information as the officer determines to be necessary to verify that the alien
remains eligible for admission to the United States as an immigrant.
(2) LIMITATION ON EXTENSION.--In no case shall the period of validity of a visa be
extended under paragraph (1) beyond January 1, 2002.
(3) TREATMENT UNDER NUMERICAL LIMITATIONS.--In applying the numerical limitations
of sections 201 and 202 of the Immigration and Nationality Act in the case of aliens
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for whose visas the period of validity is extended under this section, such
limitations shall only apply at the time of original issuance of the visas and not
at the time of admission of such aliens.
<>(b) ALIENS COVERED.--An alien is described in this
subsection if the alien-(1)(A) is chargeable under section 202 of the Immigration and Nationality Act to
Hong Kong, and
(B)(i) is residing in Hong Kong as of the date of the enactment of this Act and is
issued an immigrant visa under paragraph (1), (2), (4), or (5) of section 203(a) the
Immigration and Nationality Act (as in effect on the date of the enactment of this
Act) or under section 203(a) or 203(b)(1) of such Act (as in effect on and after
October 1, 1991), or (ii) is the spouse or child (as defined in subsection (d)) of
an alien described in clause (i), if accompanying or following to join the alien in
coming to the United States; or
(2) is issued a visa under section 124 of this Act.
(c) TREATMENT OF CERTAIN EMPLOYEES IN HONG KONG.-(1) IN GENERAL.--In applying the proviso of section 7 of the Central Intelligence
Agency Act of 1949, in the case of an alien described in paragraph (2), the Director
may charge the entry of the alien against the numerical limitation for any fiscal
year (beginning with fiscal year 1991 and ending with fiscal year 1996)
notwithstanding that the alien's entry is not made to the United States in that
fiscal year so long as such entry is made before the end of fiscal year 1997.
(2) ALIENS COVERED.--An alien is described in this paragraph if the alien-(A) is an employee of the Foreign Broadcast Information Service in Hong Kong, or
(B) is the spouse or child (as defined in subsection (d)) of an alien described
in subparagraph (A), if accompanying or following to join the alien in coming to the
United States.
(3) RELATION TO SIMILAR PROVISION.--The provisions of this subsection
section 403 of the Intelligence Authorization Act, Fiscal Year 1991.

supersede

(d) TREATMENT OF CHILDREN.--In this section, the term "child" has the meaning given
such term in section 101(b)(1) of the Immigration and Nationality Act and also
includes (for purposes of this section and the Immigration and Nationality Act as it
applies to this section) an alien who was the child (as so defined) of the alien as
of the date of the issuance of an immigrant visa to the alien described in
subsection (b)(1) or, in the case described in subsection (c), as of the date of
charging of the entry of the alien under the proviso under section 7 of the Central
Intelligence Agency Act of 1949.
<< 8 USCA §

1153 NOTE >>

SEC. 155. EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH PREFERENCE VISAS.
(a) IN GENERAL.--In the issuance of immigrant visas to certain Lebanese immigrants
described in subsection (b) in fiscal years 1991 and 1992 and notwithstanding
section 203(c) of the Immigration and Nationality Act (to the extent inconsistent
with this section), the Secretary of State shall provide that immigrant visas which
would otherwise be made available in the fiscal year shall be made available as
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early as possible in the fiscal year.
(b) LEBANESE IMMIGRANTS COVERED.--Lebanese immigrants described in this subsection
are aliens who-(1) are natives of Lebanon,
(2) are not firmly resettled in any foreign country outside Lebanon, and
<>(3) as of the date of the enactment of this Act, are the
beneficiaries of a petition approved to accord status under section 203(a)(2) or
203(a)(5) of the Immigration and Nationality Act (as in effect as of the date of the
enactment of this Act),
or the child of such an alien if accompanying or following to join the alien.
Subtitle E--Effective Dates;

Conforming Amendments

<< 8 USCA § § 1101 NOTE, 1103 nt, 1151 nt, 1152 nt, 1153 nt, 1154 nt, 1157 nt,
1159 nt, 1186b nt, 1251 nt, 1254 nt, 1255 nt, 1325 nt >>
<< 26 USCA §

3304 nt >>

<< 42 USCA §

1382c nt >>

SEC. 161. EFFECTIVE DATES.
(a) IN GENERAL.--Except as otherwise provided in this section, the amendments made
by this title shall take effect on October 1, 1991, and apply beginning with fiscal
year 1992.
(b) PROVISIONS TAKING EFFECT UPON ENACTMENT.--The following sections (and
amendments made by such sections) shall take effect on the date of the enactment of
this Act and (unless otherwise provided) apply to fiscal year 1991:
(1) Section 103 (relating to per country limitation for Hong Kong).
(2) Section 104 (relating to asylee adjustments).
(3) Section 124 (relating to transition for employees of certain U.S. businesses
in Hong Kong).
(4) Section 133 (relating to one-year diversity transition for aliens who have
been notified of availability of NP-5 visas).
(5) Section 134 (relating to transition for displaced Tibetans).
(6) Section 153 (relating to special immigrants who are dependent on a juvenile
court).
(7) Section 154 (permitting extension of validity of visas for certain residents
of Hong Kong).
(8) Section 155 (relating to expedited issuance of Lebanese second and fifth
preference visas).
(9) Section 162(b) (relating to immigrant visa petitioning process), but only
insofar as such section relates to visas for fiscal years beginning with fiscal year
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1992.
(c) GENERAL TRANSITIONS.-(1) In the case of a petition filed under section 204(a) of the Immigration and
Nationality Act before October 1, 1991, for preference status under section
203(a)(3) or section 203(a)(6) of such Act (as in effect before such date)-(A) in order to maintain the priority date with respect to such a petition, the
petitioner must file (by not later than October 1, 1993) a new petition for
classification of the employment under paragraph (1), (2), or (3) of section 203(b)
of such Act (as amended by this title), and
(B) any labor certification under section 212(a)(5)(A) of such Act required with
respect to the new petition shall be deemed approved if the labor certification with
respect to the previous petition was previously approved under section 212(a)(14) of
such Act.
(2) Any petition filed under section 204(a) of the Immigration and Nationality Act
before October 1, 1991, for preference status under section 203(a)(4) or section
203(a)(5) of such Act (as in effect before such date) shall be deemed, as of such
date, to be a petition filed under such section for preference status under
<>section 203(a)(3) or section 203(a)(4), respectively, of such
Act (as amended by this title).
(d) ADMISSIBILITY STANDARDS.--When an immigrant, in possession of an unexpired
immigrant visa issued before October 1, 1991, makes application for admission, the
immigrant's admissibility under paragraph (7)(A) of section 212(a) of the
Immigration and Nationality Act shall be determined under the provisions of law in
effect on the date of the issuance of such visa.
(e) CONSTRUCTION.--Nothing in this title shall be construed as affecting the
provisions of section 19 of Public Law 97-116, section 2(c)(1) of Public Law 97-271,
or section 202(e) of Public Law 99-603.
SEC. 162. CONFORMING AMENDMENTS.

<< 8 USCA §

1153 >>

(a) RESTATEMENT OF DERIVATIVE STATUS, ORDER OF CONSIDERATION, ETC.--(1) Section
203, as amended by subtitle B, is further amended by striking all that follows
subsection (c) and inserting the following:
"(d) TREATMENT OF FAMILY MEMBERS.--A spouse or child as defined in subparagraph
(A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to
an immigrant status and the immediate issuance of a visa under subsection (a), (b),
or (c), be entitled to the same status, and the same order of consideration provided
in the respective subsection, if accompanying or following to join, the spouse or
parent.
"(e) ORDER OF CONSIDERATION.--(1) Immigrant visas made available under subsection
(a) or (b) shall be issued to eligible immigrants in the order in which a petition
in behalf of each such immigrant is filed with the Attorney General (or in the case
of special immigrants under section 101(a)(27)(D), with the Secretary of State) as
provided in section 204(a).

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"(2) Immigrant visa numbers made available under subsection (c) (relating to
diversity immigrants) shall be issued to eligible qualified immigrants strictly in a
random order established by the Secretary of State for the fiscal year involved.
"(3) Waiting lists of applicants for visas under this section shall be maintained
in accordance with regulations prescribed by the Secretary of State.
"(f) PRESUMPTION.--Every immigrant shall be presumed not to be described in
subsection (a) or (b) of this section, section 101(a)(27), or section 201(b)(2),
until the immigrant establishes to the satisfaction of the consular officer and the
immigration officer that the immigrant is so described. In the case of any alien
claiming in his application for an immigrant visa to be described in section
201(b)(1) or in subsection (a) or (b) of this section, the consular officer shall
not grant such status until he has been authorized to do so as provided by section
204.
"(g) LISTS.--For purposes of carrying out the Secretary's responsibilities in the
orderly administration of this section, the Secretary of State may make reasonable
estimates of the anticipated numbers of visas to be issued during any quarter of any
fiscal year within each of the categories under subsections (a), (b), and (c) and to
rely upon such estimates in authorizing the issuance of visas. The Secretary of
State shall terminate the registration of any alien who fails to apply for an
immigrant visa within one year following notification to the alien of the
availability of such visa, but the Secretary shall reinstate the registration of any
such alien who establishes within 2 years following the date of notification of the
<>availability of such visa that such failure to apply was due
to circumstances beyond the alien's control.".
<< 8 USCA §

1153 NOTE >>

(2) Nothing in this Act may be construed as continuing the availability of visas
under section 203(a)(7) of the Immigration and Nationality Act, as in effect before
the date of enactment of this Act.
<< 8 USCA §

1154 >>

(b) CHANGES IN PETITIONING PROCEDURE.--Section 204 (8 U.S.C. 1154) is amended-(1) in subsection (a), by striking "(a)(1)" and all that follows through the end
of paragraph (1) and inserting the following:
"(a)(1)(A) Any citizen of the United States claiming that an alien is entitled to
classification by reason of a relationship described in paragraph (1), (3), or (4)
of section 203(a) or to an immediate relative status under section 201(b)(2)(A)(i)
may file a petition with the Attorney General for such classification.
"(B) Any alien lawfully admitted for permanent residence claiming that an alien is
entitled to a classification by reason of the relationship described in section
203(a)(2) may file a petition with the Attorney General for such classification.
"(C) Any alien desiring to be classified under section 203(b)(1)(A), or any person
on behalf of such an alien, may file a petition with the Attorney General for such
classification.
"(D) Any employer desiring and intending to employ within the United States an
alien entitled to classification under section 203(b)(1)(B), 203(b)(1)(C),
203(b)(2), or 203(b)(3) may file a petition with the Attorney General for such
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classification.
"(E)(i) Any alien (other than a special immigrant under section 101(a)(27)(D))
desiring to be classified under section 203(b)(4), or any person on behalf of such
an alien, may file a petition with the Attorney General for such classification.
"(ii) Aliens claiming status as a special immigrant under section 101(a)(27)(D) may
file a petition only with the Secretary of State and only after notification by the
Secretary that such status has been recommended and approved pursuant to such
section.
"(F) Any alien desiring to be classified under section 203(b)(5) may file a
petition with the Secretary of State for such classification.
"(G)(i) Any alien desiring to be provided an immigrant visa under section 203(c)
may file a petition at the place and time determined by the Secretary of State by
regulation. Only one such petition may be filed by an alien with respect to any
petitioning period established. If more than one petition is submitted all such
petitions submitted for such period by the alien shall be voided.
"(ii)(I) The Secretary of State shall designate a period for the filing of
petitions with respect to visas which may be issued under section 203(c) for the
fiscal year beginning after the end of the period.
"(II) Aliens who qualify, through random selection, for a visa under section 203(c)
shall remain eligible to receive such visa only through the end of the specific
fiscal year for which they were selected.
"(III) The Secretary of State shall prescribe such regulations as may be necessary
to carry out this clause.
"(iii) A petition or registration under this subparagraph shall be in such form as
the Secretary of State may by regulation prescribe and shall contain such
information and be supported by such documentary evidence as the Secretary of State
may require.";
(2) in subsection (b)-(A) by striking "section 203(a)(3) or (6)" and inserting "section 203(b)(2) or
203(b)(3)", and
<>(B) by striking "a preference status under section 203(a)"
and inserting "preference under subsection (a) or (b) of section 203";
(3) in subsection (e), by striking "preference immigrant under section 203(a)" and
inserting "immigrant under subsection (a), (b), or (c) of section 203";
(4) in subsection (g)(1), by striking "203(a)(4)" and inserting "203(a)(3)";
(5) by striking subsection (f);

and

(6) by redesignating subsections (g) and (h) as (f) and (g), respectively.
(e) ADDITIONAL CONFORMING AMENDMENTS.-<< 8 USCA §

1182 >>

(1) Section 212(a)(5) (8 U.S.C. 1182(a)(5)), as amended by section 601(a) of this
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Act, is amended-(A) in subparagraph (A), by striking "Any alien who seeks to enter the United
States for the purpose of performing skilled or unskilled labor" and inserting "Any
alien who seeks admission or status as an immigrant under paragraph (2) or (3) of
section 203(b)",
(B) in subparagraph (B), by inserting "who seeks admission or status as an
immigrant under paragraph (2) or (3) of section 203(b)" after "An alien" the first
place it appears, and
(C) by striking subparagraph (C).
<< 8 USCA §

1254 >>

(2) Section 244(d) (8 U.S.C. 1254(d)) is amended by striking ", and unless" and
all that follows through "then current".
<< 8 USCA §

1255 >>

(3) Section 245(b) (8 U.S.C. 1255(b)) is amended-(A) by striking "or nonpreference",
(B) by striking "202(e) or 203(a)" and inserting "201(a)", and
(C) by striking "for the fiscal year then current" and inserting "for the
succeeding fiscal year".
<< 26 USCA §

3304 >>

(4) Section 3304(a)(14)(A) of the Internal Revenue Code of 1986 is amended by
striking "section 203(a)(7) or".
<< 42 USCA §

1382c >>

(5) Section 1614(a)(1)(B)(i) of the Social Security Act is amended by striking
"section 203(a)(7) or".
<< 8 USCA §

1255 NOTE >>

(6) Section 2(c)(4) of the Virgin Islands Nonimmigrant Alien Adjustment Act of
1982 (Public Law 97-271) is amended by inserting before the period at the end the
following: "(as in effect before October 1, 1991) or by reason of the relationship
described in section 203(a)(2), 203(a)(3), or 203(a)(4), or 201(b)(2)(A)(i),
respectively, of such Act (as in effect on or after such date)".
(f) TECHNICAL CORRECTIONS TO IMMIGRATION NURSING RELIEF ACT OF 1989.--

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<< 8 USCA §

Page 39

1255 NOTE >>

(1) Section 2(b) of the Immigration Nursing Relief Act of 1989 (Public Law 101238) is amended-(A) by striking "December 31, 1989" and inserting "September 1, 1989",
(B) by striking "in the lawful status" and inserting "in the status",
(C) by inserting "unauthorized employment performed before the date of the
enactment of the Immigration Act of 1990 shall not be taken into account in applying
section 245(c)(2) of the Immigration and Nationality Act and" after "spouse or child
of such an alien,", and
<>(D) by striking "lawful status as such a nonimmigrant" and
all that follows through "subsection (a)" and inserting "lawful status throughout
his or her stay in the United States as a nonimmigrant until the end of the 120-day
period beginning on the date the Attorney General promulgates regulations carrying
out the amendments made by section 162(f)(1) of the Immigration Act of 1990".
<< 8 USCA §

1101 >>

(2)(A) Section 101(a)(15)(H)(i)(a) (8 U.S.C. 1101(a)(15)(H)(i)(a)) is amended by
striking "for the facility for which the alien will perform the services, or" and
inserting "for each facility (which facility shall include the petitioner and each
worksite, other than a private household worksite, if the worksite is not the
alien's employer or controlled by the employer) for which the alien will perform the
services, or".
<< 8 USCA §

1182 >>

(B) Section 212(m)(2)(A) (8 U.S.C. 1182(m)(2)(A)) is amended-(i) by striking ", with respect to a facility for which an alien will perform
services,",
(ii) in clause (iii), by inserting "employed by the facility" after "The alien",
and
(iii) by adding at the end the following: "In the case of an alien for whom an
employer has filed an attestation under this subparagraph and who is performing
services at a worksite other than the employer's or other than a worksite controlled
by the employer, the Secretary may waive such requirements for the attestation for
the worksite as may be appropriate in order to avoid duplicative attestations, in
cases of temporary, emergency circumstances, with respect to information not within
the knowledge of the attestor, or for other good cause.".
<< 8 USCA § §

1101 NOTE, 1182 nt, 1255 nt >>

(3) The amendments made by this subsection shall apply as though included in the
enactment of the Immigration Nursing Relief Act of 1989.
TITLE II--NONIMMIGRANTS
Subtitle A--General and Permanent Provisions
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SEC. 201. REVISION AND EXTENSION OF THE VISA WAIVER PILOT PROGRAM FOR FOREIGN
TOURISTS (B NONIMMIGRANTS).

<< 8 USCA §

1187 >>

(a) IN GENERAL.--Section 217 (8 U.S.C. 1187) is amended-(1) in subsection (a)(2), by inserting ", and presents a passport issued by,"
after "is a national of";
(2) in subsection (a)(3)-(A) by striking "ENTRY CONTROL AND WAIVER FORMS" and inserting "IMMIGRATION
FORMS", and
(B) by striking all that follows "such admission" and inserting "completes such
immigration form as the Attorney General shall establish.";
(3) by striking paragraph (4) of subsection (a) and inserting the following:
"(4) ENTRY BY SEA OR AIR.--If arriving by sea or air, the alien arrives at the
port of entry into the United States on a carrier which has entered into an
agreement with the Service to guarantee transport of the alien out of the United
States if the <>alien is found inadmissible or deportable by an
immigration officer.";
(4) by adding at the end of subsection (a) the following new paragraph:
"(7) ROUND-TRIP TICKET.--The alien is in possession of a round-trip transportation
ticket (unless this requirement is waived by the Attorney General under
regulations).";
(5) in subsection (b)-(A) by striking the heading and paragraphs (1) through (3), and
(B) by redesignating paragraph (4) (and subparagraphs (A) and (B) thereof) as
subsection (b) (and paragraphs (1) and (2) thereof, respectively), and moving the
indentation of such redesignated subsection and paragraphs 2 ems to the left;
(6) in subsection (c)-(A) in paragraph (1)-(i) by striking "UP TO 8 COUNTRIES" in the heading and inserting "IN GENERAL",
and
(ii) by striking all that follows "may designate" and inserting "any country as
a pilot program country if it meets the requirements of paragraph (2)."; and
(B) in paragraph (2)-(i) by striking "INITIAL QUALIFICATIONS" in the heading and inserting
"QUALIFICATIONS",
(ii) by striking "For the initial period described in paragraph (4), a country"
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and inserting "A country", and
(iii) by adding at the end the following new subparagraphs:
"(C) MACHINE READABLE PASSPORT PROGRAM.--The government of the country certifies
that it has or is in the process of developing a program to issue machine-readable
passports to its citizens.
"(D) LAW ENFORCEMENT INTERESTS.--The Attorney General determines that the United
States law enforcement interests would not be compromised by the designation of the
country.";
(7) by redesignating subsections (d) and (e) as subsections (e) and (f),
respectively, and by inserting after subsection (c) the following new subsection:
"(d) AUTHORITY.--Notwithstanding any other provision of this section, the Attorney
General and the Secretary of State, acting jointly, may for any reason (including
national security) refrain from waiving the visa requirement in respect to nationals
of any country which may otherwise qualify for designation or may, at any time,
rescind any waiver or designation previously granted under this section.";
(8) in subsection (e)(1), as so redesignated-(A) by striking "and" at the end of subparagraph (A),
(B) by striking the period at the end of subparagraph (B) and inserting
and

", and",

(C) by adding at the end the following new subparagraph:
"(C) to be subject to the imposition of fines resulting from the transporting
into the United States of a national of a designated country without a passport
pursuant to regulations promulgated by the Attorney General."; and
<>(9) in subsection (f), as so redesignated, by striking all
that follows "the period beginning" and inserting "on October 1, 1988, and ending on
September 30, 1994.".
<< 8 USCA §

1323 >>

(b) PENALTY FOR TRANSPORT OF ALIENS WITHOUT VALID VISAS.--Section 273 (8 U.S.C.
1323) is amended-(1) in subsection (a), by inserting "a valid passport and" before "an unexpired
visa", and
(2) in subsection (c), by inserting "valid passport or" before "visa was
required".
<< 8 USCA §

1187 NOTE >>

(c) REPORT.--By not later than January 1, 1992, the Attorney General, in
consultation with the Secretary of State, shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a report on the
operation of the automated data arrival and departure control system for foreign
visitors and on admission refusals and overstays for such visitors who have entered
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under the visa waiver program.
<< 8 USCA § §

1187 NOTE, 1323 nt >>

(d) EFFECTIVE DATE.--The amendments made by this section shall take effect as of
the date of the enactment of this Act.
SEC. 202. DENIAL OF CREWMEMBER STATUS IN THE CASE OF CERTAIN LABOR DISPUTES (D
NONIMMIGRANTS).

<< 8 USCA §

1184 >>

(a) IN GENERAL.--Section 214 (8 U.S.C. 1184) is amended by adding at the end the
following new subsection:
"(f)(1) Except as provided in paragraph (3), no alien shall be entitled to
nonimmigrant status described in section 101(a)(15)(D) if the alien intends to land
for the purpose of performing service on board a vessel of the United States (as
defined in section 2101(46) of title 46, United States Code) or on an aircraft of an
air carrier (as defined in section 101(3) of the Federal Aviation Act of 1958)
during a labor dispute where there is a strike or lockout in the bargaining unit of
the employer in which the alien intends to perform such service.
"(2) An alien described in paragraph (1)-"(A) may not be paroled into the United States pursuant to section 212(d)(5)
unless the Attorney General determines that the parole of such alien is necessary to
protect the national security of the United States; and
"(B) shall be considered not to be a bona fide crewman for purposes of section
252(b).
"(3) Paragraph (1) shall not apply to an alien if the air carrier or owner or
operator of such vessel that employs the alien provides documentation that satisfies
the Attorney General that the alien-"(A) has been an employee of such employer for a period of not less than 1 year
preceding the date that a strike or lawful lockout commenced;
"(B) has served as a qualified crewman for such employer at least once in each of
3 months during the 12-month period preceding such date; and
"(C) shall continue to provide the same services that such alien provided as such
a crewman.".
<< 8 USCA §

1182 >>

(b) CONFORMING AMENDMENT.--Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is amended
by inserting "or in section 214(f)" after "except as provided in subparagraph (B)".
<< 8 USCA §
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(c) EFFECTIVE DATE.--The amendments made by this section shall take effect 60 days
after the date of the enactment of this Act.
<>SEC. 203. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY
ALIEN CREWMEN (D NONIMMIGRANTS).
(a) LIMITATION ON ALIENS.-<< 8 USCA §

1288 >>

(1) IN GENERAL.--Chapter 6 of title II is amended by adding at the end the
following new section:
"LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN
"SEC. 258. (a) IN GENERAL.--For purposes of section 101(a)(15)(D)(i), the term
'normal operation and service on board a vessel' does not include any activity that
is longshore work (as defined in subsection (b)), except as provided under
subsection (c) or subsection (d).
"(b) LONGSHORE WORK DEFINED.-"(1) IN GENERAL.--In this section, except as provided in paragraph (2), the term
'longshore work' means any activity relating to the loading or unloading of cargo,
the operation of cargo-related equipment (whether or not integral to the vessel),
and the handling of mooring lines on the dock when the vessel is made fast or let
go, in the United States or the coastal waters thereof.
"(2) EXCEPTION FOR SAFETY AND ENVIRONMENTAL PROTECTION.--The term 'longshore work'
does not include the loading or unloading of any cargo for which the Secretary of
Transportation has, under the authority contained in chapter 37 of title 46, United
States Code (relating to Carriage of Liquid Bulk Dangerous Cargoes), section 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1321), section 4106 of the Oil
Pollution Act of 1990, or section 105 or 106 of the Hazardous Materials
Transportation Act (49 U.S.C.App. 1804, 1805) prescribed regulations which govern-"(A) the handling or stowage of such cargo,
"(B) the manning of vessels and the duties, qualifications, and training of the
officers and crew of vessels carrying such cargo, and
"(C) the reduction or elimination of discharge during ballasting, tank cleaning,
handling of such cargo.
"(3) CONSTRUCTION.--Nothing in this section shall be construed as broadening,
limiting, or otherwise modifying the meaning or scope of longshore work for purposes
of any other law, collective bargaining agreement, or international agreement.
"(c) PREVAILING PRACTICE EXCEPTION.--(1) Subsection (a) shall not apply to a
particular activity of longshore work in and about a local port if-"(A)(i) there is in effect in the local port one or more collective bargaining
agreements each covering at least 30 percent of the number of individuals employed
in performing longshore work and (ii) each such agreement (covering such percentage
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of longshore workers) permits the activity to be performed by alien crewmen under
the terms of such agreement; or
"(B) there is no collective bargaining agreement in effect in the local port
covering at least 30 percent of the number of individuals employed in performing
longshore work, and an employer of alien crewmen (or the employer's designated agent
or representative) has filed with the Secretary of Labor at least 14 days before the
date of performance of the activity (or later, <>if necessary
due to an unanticipated emergency, but not later than the date of performance of the
activity) an attestation setting forth facts and evidence to show that-"(i) the performance of the activity by alien crewmen is permitted under the
prevailing practice of the particular port as of the date of filing of the
attestation and that the use of alien crewmen for such activity-"(I) is not during a strike or lockout in the course of a labor dispute, and
"(II) is not intended or designed to influence an election of a bargaining
representative for workers in the local port; and
"(ii) notice of the attestation has been provided by the owner, agent,
consignee, master, or commanding officer to the bargaining representative of
longshore workers in the local port, or, where there is no such bargaining
representative, notice of the attestation has been provided to longshore workers
employed at the local port.
In applying subparagraph (B) in the case of a particular activity of longshore work
consisting of the use of an automated self-unloading conveyor belt or vacuumactuated system on a vessel, the attestation shall be required to be filed only if
the Secretary of Labor finds, based on a preponderance of the evidence which may be
submitted by any interested party, that the performance of such particular activity
is not described in clause (i) of such subparagraph.
"(2) Subject to paragraph (4), an attestation under paragraph (1) shall-"(A) expire at the end of the 1-year period beginning on the date of its filing
with the Secretary of Labor, and
"(B) apply to aliens arriving in the United States during such 1-year period if
the owner, agent, consignee, master, or commanding officer states in each such list
under section 251 that it continues to comply with the conditions in the
attestation.
"(3) An owner, agent, consignee, master, or commanding officer may meet the
requirements under this subsection with respect to more than one alien crewman in a
single list.
"(4)(A) The Secretary of Labor shall compile and make available for public
examination in a timely manner in Washington, D.C., a list identifying owners,
agents, consignees, masters, or commanding officers which have filed lists for
nonimmigrants described in section 101(a)(15)(D)(i) with respect to whom an
attestation under paragraph (1) is made and, for each such entity, a copy of the
entity's attestation under paragraph (1) (and accompanying documentation) and each
such list filed by the entity.
"(B)(i) The Secretary of Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting an entity's failure to meet
conditions attested to, an entity's misrepresentation of a material fact in an
attestation, or, in the case described in the last sentence of paragraph (1),

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whether the performance of the particular activity is or is not described in
paragraph (1)(B)(i).
"(ii) Complaints may be filed by any aggrieved person or organization (including
bargaining representatives, associations deemed appropriate by the Secretary, and
other aggrieved parties as determined under regulations of the Secretary).
<>"(iii) The Secretary shall promptly conduct an investigation
under this subparagraph if there is reasonable cause to believe that an entity fails
to meet conditions attested to, an entity has misrepresented a material fact in the
attestation, or, in the case described in the last sentence of paragraph (1), the
performance of the particular activity is not described in paragraph (1)(B)(i).
"(C)(i) If the Secretary determines that reasonable cause exists to conduct an
investigation with respect to an attestation, a complaining party may request that
the activities attested to by the employer cease during the hearing process
described in subparagraph (D). If such a request is made, the attesting employer
shall be issued notice of such request and shall respond within 14 days to the
notice. If the Secretary makes an initial determination that the complaining
party's position is supported by a preponderance of the evidence submitted, the
Secretary shall require immediately that the employer cease and desist from such
activities until completion of the process described in subparagraph (D).
"(ii) If the Secretary determines that reasonable cause exists to conduct an
investigation with respect to a matter under the last sentence of paragraph (1), a
complaining party may request that the activities of the employer cease during the
hearing process described in subparagraph (D) unless the employer files with the
Secretary of Labor an attestation under paragraph (1). If such a request is made,
the employer shall be issued notice of such request and shall respond within 14 days
to the notice. If the Secretary makes an initial determination that the complaining
party's position is supported by a preponderance of the evidence submitted, the
Secretary shall require immediately that the employer cease and desist from such
activities until completion of the process described in subparagraph (D) unless the
employer files with the Secretary of Labor an attestation under paragraph (1).
"(D) Under the process established under subparagraph (B), the Secretary shall
provide, within 180 days after the date a complaint is filed (or later for good
cause shown), for a determination as to whether or not a basis exists to make a
finding described in subparagraph (E). The Secretary shall provide notice of such
determination to the interested parties and an opportunity for a hearing on the
complaint within 60 days of the date of the determination.
"(E)(i) If the Secretary of Labor finds, after notice and opportunity for a
hearing, that an entity has failed to meet a condition attested to or has made a
misrepresentation of material fact in the attestation, the Secretary shall notify
the Attorney General of such finding and may, in addition, impose such other
administrative remedies (including civil monetary penalties in an amount not to
exceed $5,000 for each alien crewman performing unauthorized longshore work) as the
Secretary determines to be appropriate. Upon receipt of such notice, the Attorney
General shall not permit the vessels owned or chartered by such entity to enter any
port of the United States during a period of up to 1 year.
"(ii) If the Secretary of Labor finds, after notice and opportunity for a hearing,
that, in the case described in the last sentence of paragraph (1), the performance
of the particular activity is not described in subparagraph (B)(i), the Secretary
shall notify the Attorney General of such finding and, thereafter, the attestation
described in paragraph (1) shall be required of the employer for the performance of
the particular activity.
<>"(F) A finding by the Secretary of Labor under this

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paragraph that the performance of an activity by alien crewmen is not permitted
under the prevailing practice of a local port shall preclude for one year the filing
of a subsequent attestation concerning such activity in the port under paragraph
(1).
"(d) RECIPROCITY EXCEPTION.-"(1) IN GENERAL.--Subject to the determination of the Secretary of State pursuant
to paragraph (2), the Attorney General shall permit an alien crewman to perform an
activity constituting longshore work if-"(A) the vessel is registered in a country that by law, regulation, or in
practice does not prohibit such activity by crewmembers aboard United States
vessels; and
"(B) nationals of a country (or countries) which by law, regulation, or in
practice does not prohibit such activity by crewmembers aboard United States vessels
hold a majority of the ownership interest in the vessel.
"(2) ESTABLISHMENT OF LIST.--The Secretary of State shall, in accordance with
section 553 of title 5, United States Code, compile and annually maintain a list, of
longshore work by particular activity, of countries where performance of such a
particular activity by crewmembers aboard United States vessels is prohibited by
law, regulation, or in practice in the country. By not later than 90 days after the
date of the enactment of this section, the Secretary shall publish a notice of
proposed rulemaking to establish such list. The Secretary shall first establish
such list by not later than 180 days after the date of the enactment of this
section.
"(3) IN PRACTICE DEFINED.--For purposes of this subsection, the term 'in practice'
refers to an activity normally performed in such country during the one-year period
preceding the arrival of such vessel into the United States or coastal waters
thereof.".
<< 8 USCA §

1288 NOTE >>

(2) NO APPLICATION TO CITIZENS OR NATIONALS OF THE UNITED STATES.--This section
does not affect the performance of longshore work in the United States by citizens
or nationals of the United States.
(3) CLERICAL AMENDMENT.--The table of contents is amended by inserting after the
item relating to section 257 the following new item:
"Sec. 258. Limitations on performance of longshore work by alien crewmen.".
<< 8 USCA §

1281 >>

(b) PENALTIES.--Section 251(d) (8 U.S.C. 1281(d)) is amended-(1) in the first sentence by striking "pay to" and all that follows through
and inserting "pay to the Commissioner the sum of $200"; and

"$10"

(2) by inserting after the first sentence the following: "In the case that any
owner, agent, consignee, master, or commanding officer of a vessel shall secure
services of an alien crewman described in section 101(a)(15)(D)(i) to perform
longshore work not included in the normal operation and service on board the vessel
under section 258, the owner, agent, charterer, master, or commanding officer shall
pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the
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vessel.".
<< 8 USCA §

1101 >>

(c) CONFORMING AMENDMENTS.--Section 101(a)(15)(D)(i) (8 U.S.C. 1101(a)(15)(D)(i))
is amended-(1) by striking "any capacity" and inserting "a capacity", and
<>(2) by inserting ", as defined in section 258(a)" after "on
board a vessel".
<< 8 USCA § §

1101 NOTE, 1281 nt, 1288 nt >>

(d) EFFECTIVE DATE.--The amendments made by this section shall apply to services
performed on or after 180 days after the date of the enactment of this Act.
SEC. 204. TREATY TRADERS (E NONIMMIGRANTS).

<< 8 USCA §

1101 >>

(a) INCLUDING TRADE IN SERVICES AND TECHNOLOGY.--Section 101(a)(15)(E)(i) (8 U.S.C.
1101(a)(15)(E)(i)) is amended by inserting ", including trade in services or trade
in technology" after "substantial trade".
<< 8 USCA §

1101 NOTE >>

(b) APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN STATES.--Each of the following
foreign states shall be considered, for purposes of section 101(a)(15)(E) of the
Immigration and Nationality Act, to be a foreign state described in such section if
the foreign state extends reciprocal nonimmigrant treatment to nationals of the
United States:
(1) The largest foreign state in each region (as defined in section 203(c)(1) of
the Immigration and Nationality Act) which (A) has 1 or more dependent areas (as
determined for purposes of section 202 of such Act) and (B) does not have a treaty
of commerce and navigation with the United States.
(2) The foreign state which (A) was identified as an adversely affected foreign
state for purposes of section 314 of the Immigration Reform and Control Act of 1986
and (B) does not have a treaty of commerce and navigation with the United States,
but (C) had such a treaty with the United States before 1925.
<< 8 USCA §

1101 >>

(c) SUBSTANTIAL DEFINED.--Section 101(a), as amended by section 123 of this Act, is
further amended by adding at the end the following new paragraph:

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"(45) The term 'substantial' means, for purposes of paragraph (15)(E) with
reference to trade or capital, such an amount of trade or capital as is established
by the Secretary of State, after consultation with appropriate agencies of
Government.".
SEC. 205. TEMPORARY WORKERS AND TRAINEES (H NONIMMIGRANTS).

<< 8 USCA §

1184 >>

(a) LIMITATION ON NUMBERS.--Section 214 (8 U.S.C. 1184), as amended by section
202(a), is amended by adding at the end the following new subsection:
"(g)(1) The total number of aliens who may be issued visas or otherwise provided
nonimmigrant status during any fiscal year (beginning with fiscal year 1992)-"(A) under section 101(a)(15)(H)(i)(b) may not exceed 65,000,
"(B) under section 101(a)(15)(H)(ii)(b) may not exceed 66,000, or
"(C) under section 101(a)(15)(P)(i) or section 101(a)(15)(P)(iii) may not exceed
25,000.
"(2) The numerical limitations of paragraph (1) shall only apply to principal
aliens and not to the spouses or children of such aliens.
"(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be
issued visas (or otherwise provided nonimmigrant status) in the order in which
petitions are filed for such visas or status.
"(4) In the case of a nonimmigrant described in section 101(a)(15)(H)(i)(b), the
period of authorized admission as such a nonimmigrant may not exceed 6 years.".
<>(b) CONSTRUCTION RESPECTING INTENT WITH RESPECT TO
ABANDONMENT OF FOREIGN RESIDENCE.--Section 214, as amended by section 202(a) and by
subsection (a), is further amended-(1) in subsection (b), by inserting "(other than a nonimmigrant described in
subparagraph (H)(i) or (L) of section 101(a)(15))" after "Every alien", and
(2) by adding at the end the following new subsection:
"(h) The fact that an alien is the beneficiary of an application for a preference
status filed under section 204 or has otherwise sought permanent residence in the
United States shall not constitute evidence of an intention to abandon a foreign
residence for purposes of obtaining a visa as a nonimmigrant described in
subparagraph (H)(i) or (L) of section 101(a)(15) or otherwise obtaining or
maintaining the status of a nonimmigrant described in such subparagraph, if the
alien had obtained a change of status under section 248 to a classification as such
a nonimmigrant before the alien's most recent departure from the United States.".
(c) REVISION OF H-1B CATEGORY.-<< 8 USCA §

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(1) IN GENERAL.--Subclause (b) of section 101(a)(15)(H)(i) (8 U.S.C.
1101(a)(15)(H)(i)) is amended by striking "who is of distinguished" and all that
follows through "such institution or agency" and inserting the following: "who is
coming temporarily to the United States to perform services (other than services
described in subclause (a) during the period in which such subclause applies and
other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in
a specialty occupation described in section 214(i)(1), who meets the requirements
for the occupation specified in section 214(i)(2), and with respect to whom the
Secretary of Labor determines and certifies to the Attorney General that the
intending employer has filed with, and had approved by, the Secretary an
application under section 212(n)(1)".
<< 8 USCA §

1184 >>

(2) SPECIALTY OCCUPATION DEFINED.--Section 214, as amended by section 202(a) and
subsections (a) and (b), is further amended by adding at the end the following new
subsection:
"(i)(1) For purposes of section 101(a)(15)(H)(i)(b) and paragraph (2), the term
'specialty occupation' means an occupation that requires-"(A) theoretical and practical application of a body of highly specialized
knowledge, and
"(B) attainment of a bachelor's or higher degree in the specific specialty (or
its equivalent) as a minimum for entry into the occupation in the United States.
"(2) For purposes of section 101(a)(15)(H)(i)(b), the requirements of this
paragraph, with respect to a specialty occupation, are-"(A) full state licensure to practice in the occupation, if such licensure is
required to practice in the occupation,
"(B) completion of the degree described in paragraph (1)(B) for the
or

occupation,

"(C)(i) experience in the specialty equivalent to the completion of such degree,
and (ii) recognition of expertise in the specialty through progressively responsible
positions relating to the specialty.".
<< 8 USCA §

1182 >>

(3) LABOR CONDITION APPLICATION FOR H-1B.--Section 212 is amended by adding at the
end the following new subsection:
"(n)(1) No alien may be admitted or provided status as a nonimmigrant described in
section 101(a)(15)(H)(i)(b) in an occupational <>classification unless the employer has filed with the Secretary of
Labor an application stating the following:
"(A) The employer-"(i) is offering and will offer during the period of authorized employment to
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"(I) the actual wage level for the occupational classification at the place of
employment, or
"(II) the prevailing wage level for the occupational classification in the
area of employment,
whichever is greater, determined as of the time of filing the application, and
"(ii) will provide working conditions for such aliens that will not adversely
affect the working conditions of workers similarly employed.
"(B) There is not a strike or lockout in the course of a labor dispute in the
occupational classification at the place of employment.
"(C) The employer, at the time of filing the application-"(i) has provided notice of the filing under this paragraph to the bargaining
representative (if any) of the employer's employees in the occupational
classification and area for which aliens are sought, or
"(ii) if there is no such bargaining representative, has posted notice of filing
in conspicuous locations at the place of employment.
"(D) The application shall contain a specification of the number of workers
sought, the occupational classification in which the workers will be employed, and
wage rate and conditions under which they will be employed. The employer shall make
available for public examination, within one working day after the date on which an
application under this paragraph is filed, at the employer's principal place of
business or worksite, a copy of each such application (and accompanying
documentation). The Secretary shall compile, on a current basis, a list (by
employer and by occupational classification) of the applications filed under this
subsection. Such list shall include the wage rate, number of aliens sought, period
of intended employment, and date of need. The Secretary shall make such list
available for public examination in Washington, D.C.
"(2)(A) The Secretary shall establish a process for the receipt, investigation, and
disposition of complaints respecting a petitioner's failure to meet a condition
specified in an application submitted under paragraph (1) or a petitioner's
misrepresentation of material facts in such an application. Complaints may be filed
by any aggrieved person or organization (including bargaining representatives). No
investigation or hearing shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was filed not later than 12 months after
the date of the failure or misrepresentation, respectively. The Secretary shall
conduct an investigation under this paragraph if there is reasonable cause to
believe that such a failure or misrepresentation has occurred.
"(B) Under such process, the Secretary shall provide, within 30 days after the date
such a complaint is filed, for a determination as to whether or not a reasonable
basis exists to make a finding described in subparagraph (C). If the Secretary
determines that such <>a reasonable basis exists, the Secretary
shall provide for notice of such determination to the interested parties and an
opportunity for a hearing on the complaint, in accordance with section 556 of title
5, United States Code, within 60 days after the date of the determination. If such
a hearing is requested, the Secretary shall make a finding concerning the matter by
not later than 60 days after the date of the hearing. In the case of similar
complaints respecting the same applicant, the Secretary may consolidate the hearings
under this subparagraph on such complaints.

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"(C) If the Secretary finds, after notice and opportunity for a hearing, a failure
to meet a condition (or a substantial failure in the case of a condition described
in subparagraph (C) or (D) of paragraph (1)) or misrepresentation of material fact
in an application-"(i) the Secretary shall notify the Attorney General of such finding and may, in
addition, impose such other administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per violation) as the Secretary
determines to be appropriate, and
"(ii) the Attorney General shall not approve petitions filed with respect to that
employer under section 204 or 214(c) during a period of at least 1 year for aliens
to be employed by the employer.
"(D) In addition to the sanctions provided under subparagraph (C), if the Secretary
finds, after notice and opportunity for a hearing, that an employer has not paid
wages at the wage level specified under the application and required under paragraph
(1), the Secretary shall order the employer to provide for payment of such amounts
of back pay as may be required to comply with the requirements of paragraph (1).".
<< 8 USCA §

1101 >>

(d) LIMITATION ON TRAINEES.--Section 101(a)(15)(H)(iii) (8 U.S.C.
1101(a)(15)(H)(iii)) is amended by inserting before the semicolon at the end the
following: ", in a training program that is not designed primarily to provide
productive employment".
(e) REMOVAL OF FOREIGN RESIDENCE REQUIREMENT FOR H-1 NONIMMIGRANTS.--Section
101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended-(1) by striking "having a residence in a foreign country which he has no intention
of abandoning";
(2) in clause (ii), by striking "who is coming temporarily to the United States
(a)" and inserting "(a) having a residence in a foreign country which he has no
intention of abandoning who is coming temporarily to the United States";
(3) in clause (ii)(b), by inserting "having a residence in a foreign country which
he has no intention of abandoning who is coming temporarily to the United States"
immediately after "(b)"; and
(4) in clause (iii), by inserting "having a residence in a foreign country which
he has no intention of abandoning" after "(iii)".
SEC. 206. INTRA-COMPANY TRANSFEREES (L NONIMMIGRANTS).

<< 8 USCA § §

1101 NOTE, 1153 nt >>

(a) CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING FIRMS.--In
applying sections 101(a)(15)(L) and 203(b)(1)(C) of the Immigration and Nationality
Act, in the case of a partnership that is organized in the United States to provide
accounting services and that markets its accounting services under an
internationally recognized name under an agreement with a worldwide coordinating
organization that is owned and controlled <> by the member
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accounting firms, a partnership (or similar organization) that is organized outside
the United States to provide accounting services shall be considered to be an
affiliate of the United States partnership if it markets its accounting services
under the same internationally recognized name under the agreement with the
worldwide coordinating organization of which the United States partnership is also a
member.
<< 8 USCA §

1184 >>

(b) USE OF BLANKET PETITIONS; DEADLINES FOR PROCESSING; PERIODS OF AUTHORIZED
STAY; CONSTRUCTION.--Section 214(c) (8 U.S.C. 1184(c)) is amended-(1) by inserting "(1)" after "(c)", and
(2) by adding at the end the following new paragraph:
"(2)(A) The Attorney General shall provide for a procedure under which an importing
employer which meets requirements established by the Attorney General may file a
blanket petition to import aliens as nonimmigrants described in section
101(a)(15)(L) instead of filing individuals petitions under paragraph (1) to import
such aliens. Such procedure shall permit the expedited processing of visas for
entry of aliens covered under such a petition.
"(B) For purposes of section 101(a)(15)(L), an alien is considered to be serving in
a capacity involving specialized knowledge with respect to a company if the alien
has a special knowledge of the company product and its application in international
markets or has an advanced level of knowledge of processes and procedures of the
company.
"(C) The Attorney General shall provide a process for reviewing and acting upon
petitions under this subsection with respect to nonimmigrants described in section
101(a)(15)(L) within 30 days after the date a completed petition has been filed.
"(D) The period of authorized admission for-"(i) a nonimmigrant admitted to render services in a managerial or executive
capacity under section 101(a)(15)(L) shall not exceed 7 years, or
"(ii) a nonimmigrant admitted to render services in a capacity that involved
specialized knowledge under section 101(a)(15)(L) shall not exceed 5 years.".
<< 8 USCA §

1101 >>

(c) PERIOD OF PRIOR EMPLOYMENT WITH COMPANY.--Section 101(a)(15)(L) (8 U.S.C.
1101(a)(15)(L)) is amended by striking "immediately preceding" and inserting "within
3 years preceding".
SEC. 207. NEW CLASSIFICATION FOR ALIENS WITH EXTRAORDINARY ABILITY, ACCOMPANYING
ALIENS, AND ATHLETES AND ENTERTAINERS (O & P NONIMMIGRANTS).

<< 8 USCA §

1101 >>

(a) IN GENERAL.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended-Copr. ©

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(1) by striking "or" at the end of subparagraph (M),
(2) by striking the period at the end of subparagraph (N) and inserting a
semicolon, and
(3) by adding at the end the following new subparagraphs:
"(O) an alien who-"(i) has extraordinary ability in the sciences, arts, education, business, or
athletics which has been demonstrated by sustained national or international acclaim
or, with regard to motion picture and television productions a demonstrated record
of extraordinary achievement, and whose achievements have been recognized in the
field through extensive documentation, and seeks to enter the United
<>States to continue work in the area of extraordinary ability,
but only if the Attorney General determines that the alien's entry into the United
States will substantially benefit prospectively the United States; or
"(ii)(I) seeks to enter the United States temporarily and solely for the purpose
of accompanying and assisting in the artistic or athletic performance
by an alien
who is admitted under clause (i) for a specific event or events,
"(II) is an integral part of such actual performance,
"(III)(a) has critical skills and experience with such alien which are not of a
general nature and which cannot be performed by other individuals, or (b) in the
case of a motion picture or television production, has skills and experience with
such alien which are not of a general nature and which are critical either based on
a pre-existing longstanding working relationship or, with respect to the specific
production, because significant principal photography will take place both inside
and outside the United States and the continuing participation of the alien is
essential to the successful completion of the production, and
"(IV) has a foreign residence which the alien has no intention of abandoning;
"(iii) is the alien spouse or child of an alien described in clause (i) or
and is accompanying, or following to join, the alien; or

or

(ii)

"(P) an alien having a foreign residence which the alien has no intention of
abandoning who-"(i)(I) performs as an athlete, individually or as part of a group or team, at an
internationally recognized level of performance, or performs as part of an
entertainment group that has been recognized internationally as being
outstanding
in the discipline for a sustained and substantial period of time and has had a
sustained and substantial relationship with that group over a period of at least 1
year and provides functions integral to the performance of the group, and
"(II) seeks to enter the United States temporarily and solely for the purpose of
performing as such an athlete or entertainer with respect to a specific athletic
competition or performance;
"(ii)(I) performs as an artist or entertainer, individually or as part of a
group, or is an integral part of the performance of such a group, and
"(II) seeks to enter the United States temporarily and solely for the purpose of
performing as such an artist or <>entertainer or with such a
group under a reciprocal exchange program which is between an organization or
organizations in the United States and an organization in one or more foreign states

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and which provides for the temporary exchange of artists and entertainers, or groups
of artists and entertainers, between the United States and the foreign states
involved;
"(iii)(I) performs as an artist or entertainer, individually or as part of a
group, or is an integral part of the performance of such a group, and
"(II) seeks to enter the United States temporarily and solely for the purpose of
performing as such an artist or entertainer or with such a group
under a program
that is culturally unique; or
"(iv) is the spouse or child of an alien described in clause (i), (ii), or
and is accompanying, or following to join, the alien.".
<< 8 USCA §

(iii)

1184 >>

(b) PERIODS OF ADMISSION, ETC.--Section 214 (8 U.S.C. 1184) is amended-(1) in subsection (a), by inserting "(1)" after "(a)" and by adding at the end the
following new paragraph:
"(2)(A) The period of authorized status as a nonimmigrant under section
101(a)(15)(O) shall be for such period as the Attorney General may specify in order
to provide for the event for which the nonimmigrant is admitted.
"(B)(i) The period of authorized status as a nonimmigrant described in section
101(a)(15)(P) shall be for such period as the Attorney General may specify in order
to provide for the competition, event, or performance for which the nonimmigrant is
admitted. In the case of nonimmigrants admitted as individual athletes under
section 101(a)(15)(P), the period of authorized status may be for an initial period
(not to exceed 5 years) during which the nonimmigrant will perform as an athlete and
such period may be extended by the Attorney General for an additional period of up
to 5 years.
"(ii) An alien who is admitted as a nonimmigrant under clause (ii) or (iii) of
section 101(a)(15)(P) may not be readmitted as such a nonimmigrant unless the alien
has remained outside the United States for at least 3 months after the date of the
most recent admission. The Attorney General may waive the application of the
previous sentence in the case of individual tours in which the application would
work an undue hardship."; and
(2) in subsection (c), as amended by section 206(b)-(A) in paragraph (1), by striking "or (L)" and inserting ", (L), (O), or
(P)(i)", and
(B) by adding at the end the following new paragraphs:
"(3) The Attorney General shall approve a petition-"(A) with respect to a nonimmigrant described in section 101(a)(15)(O)(i) only
after consultation with peer groups in the area of the alien's ability or, with
respect to aliens seeking entry for a motion picture or television production, after
consultation with the appropriate union representing the alien's occupational peers
and a management organization in the area of the alien's ability, or
"(B) with respect to a nonimmigrant described in section 101(a)(15)(O)(ii) after
consultation with labor organizations with expertise in the skill area involved.

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In the case of an alien seeking entry for a motion picture or television production,
(i) any opinion under the previous sentence shall only be advisory, (ii) any such
opinion that recommends denial must be in writing, (iii) in making the decision the
Attorney General shall consider the exigencies and scheduling of the production, and
(iv) the Attorney General shall append to the decision any such opinion.
"(4)(A) A person may petition the Attorney General for classification of an alien
as a nonimmigrant under clause (ii) of section 101(a)(15)(P).
"(B) The Attorney General shall approve petitions under this subsection with
respect to nonimmigrants described in clause (i) or (iii) of section 101(a)(15)(P)
only after consultation with labor <> organizations with
expertise in the specific field of athletics or entertainment involved.
"(C) The Attorney General shall approve petitions under this subsection for
nonimmigrants described in section 101(a)(15)(P)(ii) only after consultation with
labor organizations representing artists and entertainers in the United States, in
order to assure reciprocity in fact with foreign states.
"(5) In the case of an alien who is provided nonimmigrant status under section
101(a)(15)(H)(i)(b) or 101(H)(ii)(b) and who is dismissed from employment by the
employer before the end of the period of authorized admission, the employer shall be
liable for the reasonable costs of return transportation of the alien abroad.
"(6) If a petition is filed and denied under this subsection, the Attorney General
shall notify the petitioner of the determination and the reasons for the denial and
of the process by which the petitioner may appeal the determination.".
<< 8 USCA §

1184 NOTE >>

(c) WORK AUTHORIZATION DURING PENDING LABOR DISPUTES.--(1) In the case of an alien
admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a)) and who
is authorized to be employed in an occupation, if nonimmigrants constitute a
majority of the members of the bargaining unit in the occupation, during the period
of any strike or lockout in the occupation with the employer which strike or lockout
is pending on the date of the enactment of this Act the alien-(A) continues to be authorized to be employed in the occupation for that employer,
and
(B) is authorized to be employed in any occupation for any other employer so long
as such strike or lockout continues with respect to that occupation and employer.
(2) In the case of an alien admitted as a nonimmigrant (other than under section
101(a)(15)(H)(ii)(a)) and who is authorized to be employed in an occupation, if
nonimmigrants do not constitute a majority of the members of the bargaining unit in
the occupation, during the period of any strike or lockout in the occupation with
the employer which strike or lockout is pending on the date of the enactment of this
Act the alien-(A) is not authorized to be employed in the occupation for that employer, and
(B) is authorized to be employed in any occupation for any other employer so long
as there is no strike or lockout with respect to that occupation and employer.
(3) With respect to a nonimmigrant described in paragraph (1) or (2) who does not
perform unauthorized employment, any limit on the period of authorized stay shall be
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extended by the period of the strike or lockout, except that any such extension may
not continue beyond the maximum authorized period of stay.
(4) The provisions of this subsection shall take effect on the date of the
enactment of this Act.
<< 8 USCA §

1101 >>

SEC. 208. NEW CLASSIFICATION FOR INTERNATIONAL CULTURAL EXCHANGE PROGRAMS (Q
NONIMMIGRANTS).
Section 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by section 207(a), is further
amended-(1) by striking "or" at the end of subparagraph (O),
(2) by striking the period at the end of subparagraph (P) and inserting
and

";

or",

(3) by adding at the end the following new subparagraph:
<>"(Q) an alien having a residence in a foreign country which
he has no intention of abandoning who is coming temporarily (for a period not to
exceed 15 months) to the United States as a participant in an international cultural
exchange program designated by the Attorney General for the purpose of providing
practical training, employment, and the sharing of the history, culture, and
traditions of the country of the alien's nationality and who will be employed under
the same wages and working conditions as domestic workers.".
SEC. 209. NEW CLASSIFICATION FOR ALIENS IN RELIGIOUS OCCUPATIONS (R
NONIMMIGRANTS).

<< 8 USCA §

1101 >>

(a) IN GENERAL.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by sections
207(a) and 208, is further amended-(1) by striking "or" at the end of subparagraph (P),
(2) by striking the period at the end of subparagraph (Q) and inserting
and

";

or",

(3) by adding at the end the following new subparagraph:
"(R) an alien, and the spouse and children of the alien if accompanying or
following to join the alien, who-"(i) for the 2 years immediately preceding the time of application for admission,
has been a member of a religious denomination having a bona fide nonprofit,
religious organization in the United States; and
"(ii) seeks to enter the United States for a period not to exceed 5 years to
perform the work described in subclause (I), (II), or (III) of paragraph
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(27)(C)(ii).".
(b) REFERENCE TO REVISION OF SPECIAL IMMIGRANT PROVISIONS.--For provision providing
special immigrant status for certain aliens in religious occupations, see section
151.
Subtitle B--Temporary or Limited Provisions
<< 8 USCA §

1184 NOTE >>

SEC. 221. OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS (F NONIMMIGRANTS).
(a) 3-YEAR PROVISION.--With respect to work authorization for aliens admitted as
nonimmigrant students described in subparagraph (F) of section 101(a)(15) of the
Immigration and Nationality Act during the 3-year period beginning October 1, 1991,
the Attorney General shall grant such an alien work authorization to be employed in
a position unrelated to the alien's field of study and off-campus if-(1) the alien has completed 1 year as such a nonimmigrant and is maintaining good
academic standing at the educational institution,
(2) the employer provides the educational institution and the Secretary of Labor
with an attestation that the employer (A) has recruited for at least 60 days for the
position and (B) will provide for payment to the alien and to other similarly
situated workers at a rate equal to not less than the actual wage level for the
occupation at the place of employment or, if greater, the prevailing wage level for
the occupation in the area of employment, and
(3) the alien will not be employed more than 20 hours each week during the
academic term (but may be employed on a full- <>time basis
during vacation periods and between academic terms).
If the Secretary of Labor determines that an employer has provided an attestation
under paragraph (2) that is materially false or has failed to pay wages in
accordance with the attestation, after notice and opportunity for a hearing, the
employer shall be disqualified from employing an alien student under this
subsection.
(b) REPORT TO CONGRESS.--Not later than April 1, 1994, the Commissioner of
Immigration and Naturalization shall prepare and submit to the Congress on-(1) whether the program of work authorization under subsection (a) should be
extended, and
(2) the impact of such program on prevailing wages of workers.
<< 8 USCA §

1101 NOTE >>

SEC. 222. ADMISSION OF NONIMMIGRANTS FOR COOPERATIVE RESEARCH, DEVELOPMENT, AND
COPRODUCTION PROJECTS.
(a) IN GENERAL.--Subject to the succeeding provisions of this section, the Attorney
General shall provide for nonimmigrant status in the case of an alien who-(1) has a residence in a foreign country which the alien has no intention of
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abandoning, and
(2) is coming to the United States, upon a basis of reciprocity, to perform
services of an exceptional nature requiring such merit and ability relating to a
cooperative research and development project or a coproduction project provided
under a government-to-government agreement administered by the Secretary of Defense,
but not to exceed a period of more than 10 years,
or who is the spouse or minor child of such an alien if accompanying or following to
join the alien.
(b) NUMERICAL LIMITATION.--The number of aliens who may be admitted as (or
otherwise be provided the status of) a nonimmigrant under this section at any time
may not exceed 100.
<< 8 USCA §

1101 NOTE >>

SEC. 223. ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE VISITOR PROGRAM.
(a) IN GENERAL.--Subject to subsection (b), the Attorney General shall provide for
nonimmigrant status in the case of an alien who-(1) has a residence in a foreign country which the alien has no intention of
abandoning, and
(2) is coming temporarily to the United States (for a period not to exceed 18
months) as a participant in a special education training program which provides for
practical training and experience in the education of children with physical,
mental, or emotional disabilities.
(b) NUMERICAL LIMITATION.--The number of aliens who may be admitted as (or
otherwise be provided the status of) a nonimmigrant under this section in any fiscal
year may not exceed 50.
Subtitle C--Effective Dates
<< 8 USCA § §

1101 NOTE, 1182 nt, 1184 nt >>

SEC. 231. EFFECTIVE DATES.
Except as otherwise provided in this title, this title, and the amendments made by
this title, shall take effect on October 1, 1991, except that sections 222 and 223
shall take effect on the date of the enactment of this Act.
<>TITLE III--FAMILY UNITY AND TEMPORARY PROTECTED STATUS
<< 8 USCA §

1255a NOTE >>

SEC. 301. FAMILY UNITY.
(a) TEMPORARY STAY OF DEPORTATION AND WORK AUTHORIZATION FOR CERTAIN ELIGIBLE
IMMIGRANTS.--The Attorney General shall provide that in the case of an alien who is
an eligible immigrant (as defined in subsection (b)(1)) as of May 5, 1988, who has
entered the United States before such date, who resided in the United States on such
date, and who is not lawfully admitted for permanent residence, the alien-Copr. ©

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(1) may not be deported or otherwise required to depart from the United States on
a ground specified in paragraph (1), (2), (5), (9), or (12) of section 241(a) of the
Immigration and Nationality Act (other than so much of section 241(a)(1) of such Act
as relates to a ground of exclusion described in paragraph (9), (10), (23), (27),
(28), (29), or (33) of section 212(a) of such Act), and
(2) shall be granted authorization to engage in employment in the United States
and be provided an "employment authorized" endorsement or other appropriate work
permit.
(b) ELIGIBLE IMMIGRANT AND LEGALIZED ALIEN DEFINED.--In this section:
(1) The term "eligible immigrant" means a qualified immigrant who is the spouse or
unmarried child of a legalized alien.
(2) The term "legalized alien" means an alien lawfully admitted for temporary or
permanent residence who was provided-(A) temporary or permanent residence status under section 210 of the Immigration
and Nationality Act,
(B) temporary or permanent residence status under section 245A of the Immigration
and Nationality Act, or
(C) permanent residence status under section 202 of the Immigration Reform and
Control Act of 1986.
(c) APPLICATION OF DEFINITIONS.--Except as otherwise specifically provided in this
section, the definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section.
(d) TEMPORARY DISQUALIFICATION FROM CERTAIN PUBLIC WELFARE ASSISTANCE.--Aliens
provided the benefits of this section by virtue of their relation to a legalized
alien described in subsection (b)(2)(A) or (b)(2)(B) shall be ineligible for public
welfare assistance in the same manner and for the same period as the legalized alien
is ineligible for such assistance under section 245A(h) or 210(f), respectively, of
the Immigration and Nationality Act.
(e) EXCEPTION FOR CERTAIN ALIENS.--An alien is not eligible for the benefits of
this section if the Attorney General finds that-(1) the alien has been convicted of a felony or 3 or more misdemeanors in the
United States, or
(2) the alien is described in section 243(h)(2) of the Immigration and Nationality
Act.
(f) CONSTRUCTION.--Nothing in this section shall be construed as authorizing an
alien to apply for admission to, or to be admitted to, the United States in order to
obtain benefits under this section.
<>(g) EFFECTIVE DATE.--This section shall take effect on
October 1, 1991; except that the delay in effectiveness of this section shall not
be construed as reflecting a Congressional belief that the existing family fairness
program should be modified in any way before such date.
SEC. 302. TEMPORARY PROTECTED STATUS.

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1254a >>

(a) IN GENERAL.--The Immigration and Nationality Act is amended by inserting after
section 244 the following new section
"TEMPORARY PROTECTED STATUS
"SEC. 244A. (a) GRANTING OF STATUS.-"(1) IN GENERAL.--In the case of an alien who is a national of a foreign state
designated under subsection (b) and who meets the requirements of subsection (c),
the Attorney General, in accordance with this section-"(A) may grant the alien temporary protected status in the United States and
shall not deport the alien from the United States during the period in which such
status is in effect, and
"(B) shall authorize the alien to engage in employment in the United States and
provide the alien with an 'employment authorized' endorsement or other appropriate
work permit.
"(2) DURATION OF WORK AUTHORIZATION.--Work authorization provided under this
section shall be effective throughout the period the alien is in temporary protected
status under this section.
"(3) NOTICE.-"(A) Upon the granting of temporary protected status under this section, the
Attorney General shall provide the alien with information concerning such status
under this section.
"(B) If, at the time of initiation of a deportation proceeding against an alien,
the foreign state (of which the alien is a national) is designated under subsection
(b), the Attorney General shall promptly notify the alien of the temporary protected
status that may be available under this section.
"(C) If, at the time of designation of a foreign state under subsection (b), an
alien (who is a national of such state) is in a deportation proceeding under this
title, the Attorney General shall promptly notify the alien of the temporary
protected status that may be available under this section.
"(D) Notices under this paragraph shall be provided in a form and language that
the alien can understand.
"(4) TEMPORARY TREATMENT FOR ELIGIBLE ALIENS.-"(A) In the case of an alien who can establish a prima facie case of eligibility
for benefits under paragraph (1), but for the fact that the period of registration
under subsection (c)(1)(A)(iv) has not begun, until the alien has had a reasonable
opportunity to register during the first 30 days of such period, the Attorney
General shall provide for the benefits of paragraph (1).
"(B) In the case of an alien who establishes a prima facie case of eligibility
for benefits under paragraph (1), until a final determination with respect to the
alien's eligibility for <>such benefits under paragraph (1) has
been made, the alien shall be provided such benefits.
"(5) CLARIFICATION.--Nothing in this section shall be construed as authorizing the
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Attorney General to deny temporary protected status to an alien based on the alien's
immigration status or to require any alien, as a condition of being granted such
status, either to relinquish nonimmigrant or other status the alien may have or to
execute any waiver of other rights under this Act. The granting of temporary
protected status under this section shall not be considered to be inconsistent with
the granting of nonimmigrant status under this Act.
"(b) DESIGNATIONS.-"(1) IN GENERAL.--The Attorney General, after consultation with appropriate
agencies of the Government, may designate any foreign state (or any part of such
foreign state) under this subsection only if-"(A) the Attorney General finds that there is an ongoing armed conflict within
the state and, due to such conflict, requiring the return of aliens who are
nationals of that state to that state (or to the part of the state)
would pose a
serious threat to their personal safety;
"(B) the Attorney General finds that-"(i) there has been an earthquake, flood, drought, epidemic, or other
environmental disaster in the state resulting in a substantial, but temporary,
disruption of living conditions in the area affected,
"(ii) the foreign state is unable, temporarily, to handle adequately the return
to the state of aliens who are nationals of the state, and
"(iii) the foreign state officially has requested designation under this
subparagraph; or
"(C) the Attorney General finds that there exist extraordinary and temporary
conditions in the foreign state that prevent aliens who are nationals of the state
from returning to the state in safety, unless the Attorney General finds that
permitting the aliens to remain temporarily in the United States is contrary to the
national interest of the United States.
A designation of a foreign state (or part of such foreign state) under this
paragraph shall not become effective unless notice of the designation (including a
statement of the findings under this paragraph and the effective date of the
designation) is published in the Federal Register. In such notice, the Attorney
General shall also state an estimate of the number of nationals of the foreign
state designated who are (or within the effective period of the designation are
likely to become) eligible for temporary protected status under this section and
their immigration status in the United States.
"(2) EFFECTIVE PERIOD OF DESIGNATION FOR FOREIGN STATES.--The designation of a
foreign state (or part of such foreign state) under paragraph (1) shall-"(A) take effect upon the date of publication of the designation under such
paragraph, or such later date as the Attorney General may specify in the notice
published under such paragraph, and
"(B) shall remain in effect until the effective date of the termination of the
designation under paragraph (3)(B).
<>For purposes of this section, the initial period of
designation of a foreign state (or part thereof) under paragraph (1) is the period,
specified by the Attorney General, of not less than 6 months and not more than 18
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months.
"(3) PERIODIC REVIEW, TERMINATIONS, AND EXTENSIONS OF DESIGNATIONS.-"(A) PERIODIC REVIEW.--At least 60 days before end of the initial period of
designation, and any extended period of designation, of a foreign state (or part
thereof) under this section the Attorney General, after consultation
with
appropriate agencies of the Government, shall review the conditions in the foreign
state (or part of such foreign state) for which a designation is in effect under
this subsection and shall determine whether the conditions for such designation
under this subsection continue to be met. The Attorney General shall provide on a
timely basis for the publication of notice of each such determination (including the
basis for the determination, and, in the case of an affirmative determination, the
period of extension of designation under subparagraph (C)) in the Federal Register.
"(B) TERMINATION OF DESIGNATION.--If the Attorney General determines under
subparagraph (A) that a foreign state (or part of such foreign state) no longer
continues to meet the conditions for designation under paragraph (1), the Attorney
General shall terminate the designation by publishing notice in the Federal Register
of the determination under this subparagraph (including the basis for the
determination). Such termination is effective in accordance with subsection (d)(3),
but shall not be effective earlier than 60 days after the date the notice is
published or, if later, the expiration of the most recent previous extension under
subparagraph (C).
"(C) EXTENSION OF DESIGNATION.--If the Attorney General does not determine under
subparagraph (A) that a foreign state (or part of such foreign state) no longer
meets the conditions for designation under paragraph (1), the
period of
designation of the foreign state is extended for an additional period of 6 months
(or, in the discretion of the Attorney General, a period of 12 or 18 months).
"(4) INFORMATION CONCERNING PROTECTED STATUS AT TIME OF DESIGNATIONS.--At the time
of a designation of a foreign state under this subsection, the Attorney General
shall make available information respecting the temporary protected status made
available to aliens who are nationals of such designated foreign state.
"(5) REVIEW.-"(A) DESIGNATIONS.--There is no judicial review of any determination of the
Attorney General with respect to the designation, or termination or extension of a
designation, of a foreign state under this subsection.
"(B) APPLICATION TO INDIVIDUALS.--The Attorney General shall establish an
administrative procedure for the review of the denial of benefits to aliens under
this subsection. Such procedure shall not prevent an alien from asserting
protection under this section in deportation proceedings if the alien demonstrates
that the alien is a national of a state designated under paragraph (1).
<>"(c) ALIENS ELIGIBLE FOR TEMPORARY PROTECTED STATUS.-"(1) IN GENERAL.-"(A) NATIONALS OF DESIGNATED FOREIGN STATES.--Subject to paragraph (3), an alien,
who is a national of a state designated under subsection (b)(1), meets the
requirements of this paragraph only if-"(i) the alien has been continuously physically present in the United States
since the effective date of the most recent designation of that state;
"(ii) the alien has continuously resided in the United States since such date as

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the Attorney General may designate;
"(iii) the alien is admissible as an immigrant, except as otherwise provided
under paragraph (2)(A), and is not ineligible for temporary protected status under
paragraph (2)(B); and
"(iv) to the extent and in a manner which the Attorney General establishes, the
alien registers for the temporary protected status under this section during a
registration period of not less than 180 days.
"(B) REGISTRATION FEE.--The Attorney General may require payment of a reasonable
fee as a condition of registering an alien under subparagraph (A)(iv) (including
providing an alien with an 'employment authorized' endorsement or other appropriate
work permit under this section). The amount of any such fee shall not exceed $50.
"(2) ELIGIBILITY STANDARDS.-"(A) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.--In the determination of an
alien's admissibility for purposes of subparagraph (A)(iii) of paragraph (1)-"(i) the provisions of paragraphs (14), (15), (20), (21, (25), and (32) of
section 212(a) shall not apply;
"(ii) except as provided in clause (iii), the Attorney General may waive any
other provision of section 212(a) in the case of individual aliens for humanitarian
purposes, to assure family unity, or when it is otherwise in the public interest;
but
"(iii) the Attorney General may not waive-"(I) paragraphs (9) and (10) (relating to criminals) of such section,
"(II) paragraph (23) of such section (relating to drug offenses), except for
so much of such paragraph as relates to a single offense of simple possession of 30
grams or less of marijuana,
"(III) paragraphs (27) and (29) of such section (relating to national
security), or
"(IV) paragraph (33) of such section (relating to those who assisted in the
Nazi persecution).
"(B) ALIENS INELIGIBLE.--An alien shall not be eligible for temporary protected
status under this section if the Attorney General finds that-"(i) the alien has been convicted of any felony or 2 or more misdemeanors
committed in the United States, or
"(ii) the alien is described in section 243(h)(2).
"(3) WITHDRAWAL OF TEMPORARY PROTECTED STATUS.--The Attorney General shall
withdraw temporary protected status granted to an alien under this section if-<>"(A) the Attorney General finds that the alien was not in
fact eligible for such status under this section,
"(B) except as provided in paragraph (4) and permitted in subsection (f)(3), the
alien has not remained continuously physically present in the United States from the
date the alien first was granted temporary protected status under this section, or

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"(C) the alien fails, without good cause, to register with the Attorney General
annually, at the end of each 12-month period after the granting of such status, in a
form and manner specified by the Attorney General.
"(4) TREATMENT OF BRIEF, CASUAL, AND INNOCENT DEPARTURES AND CERTAIN OTHER
ABSENCES.-"(A) For purposes of paragraphs (1)(A)(i) and (3)(B), an alien shall not be
considered to have failed to maintain continuous physical presence in the United
States by virtue of brief, casual, and innocent absences from the
United States,
without regard to whether such absences were authorized by the Attorney General.
"(B) For purposes of paragraph (1)(A)(ii), an alien shall not be considered to
have failed to maintain continuous residence in the United States by reason of a
brief, casual, and innocent absence described in subparagraph (A) or due merely to a
brief temporary trip abroad required by emergency or extenuating circumstances
outside the control of the alien.
"(5) CONSTRUCTION.--Nothing in this section shall be construed as authorizing an
alien to apply for admission to, or to be admitted to, the United States in order to
apply for temporary protected status under this section.
"(6) CONFIDENTIALITY OF INFORMATION.--The Attorney General shall establish
procedures to protect the confidentiality of information provided by aliens under
this section.
"(d) DOCUMENTATION.-"(1) INITIAL ISSUANCE.--Upon the granting of temporary protected status to an
alien under this section, the Attorney General shall provide for the issuance of
such temporary documentation and authorization as may be necessary to carry out the
purposes of this section.
"(2) PERIOD OF VALIDITY.--Subject to paragraph (3), such documentation shall be
valid during the initial period of designation of the foreign state (or part
thereof) involved and any extension of such period. The Attorney General may
stagger the periods of validity of the documentation and authorization in order to
provide for an orderly renewal of such documentation and authorization and for an
orderly transition (under paragraph (3)) upon the termination of a designation of a
foreign state (or any part of such foreign state).
"(3) EFFECTIVE DATE OF TERMINATIONS.--If the Attorney General terminates the
designation of a foreign state (or part of such foreign state) under subsection
(b)(3)(B), such termination shall only apply to documentation and authorization
issued or renewed after the effective date of the publication of notice of the
determination under that subsection (or, at the Attorney General's option, after
such period after the effective date of the determination as the Attorney General
determines to be appropriate in order to provide for an orderly transition).
<>"(4) DETENTION OF THE ALIEN.--An alien provided temporary
protected status under this section shall not be detained by the Attorney General on
the basis of the alien's immigration status in the United States.
"(e) RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS TO SUSPENSION OF
DEPORTATION.--With respect to an alien granted temporary protected status under this
section, the period of such status shall not be counted as a period of physical
presence in the United States for purposes of section 244(a), unless the Attorney
General determines that extreme hardship exists. Such period shall not cause a
break in the continuity of residence of the period before and after such period for
purposes of such section.

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"(f) BENEFITS AND STATUS DURING PERIOD OF TEMPORARY PROTECTED STATUS.--During a
period in which an alien is granted temporary protected status under this section-"(1) the alien shall not be considered to be permanently residing in the United
States under color of law;
"(2) the alien may be deemed ineligible for public assistance by a State (as
defined in section 101(a)(36)) or any political subdivision thereof which furnishes
such assistance;
"(3) the alien may travel abroad with the prior consent of the Attorney General;
and
"(4) for purposes of adjustment of status under section 245 and change of status
under section 248, the alien shall be considered as being in, and maintaining,
lawful status as a nonimmigrant.
"(g) EXCLUSIVE REMEDY.--Except as otherwise specifically provided, this section
shall constitute the exclusive authority of the Attorney General under law to permit
aliens who are or may become otherwise deportable or have been paroled into the
United States to remain in the United States temporarily because of their particular
nationality or region of foreign state of nationality.
"(h) LIMITATION ON CONSIDERATION IN THE SENATE OF LEGISLATION ADJUSTING STATUS.-"(1) IN GENERAL.--Except as provided in paragraph (2), it shall not be in order in
the Senate to consider any bill, resolution, or amendment that-"(A) provides for adjustment to lawful temporary or permanent resident alien
status for any alien receiving temporary protected status under this section, or
"(B) has the effect of amending this subsection or limiting the application of
this subsection.
"(2) SUPERMAJORITY REQUIRED.--Paragraph (1) may be waived or suspended in the
Senate only by the affirmative vote of three-fifths of the Members duly chosen and
sworn. An affirmative vote of three-fifths of the Members of the Senate duly chosen
and sworn shall be required in the Senate to sustain an appeal of the ruling of the
Chair on a point of order raised under paragraph (1).
"(3) RULES.--Paragraphs (1) and (2) are enacted-"(A) as an exercise of the rulemaking power of the Senate and as such they
are
deemed a part of the rules of the Senate, but applicable only with respect to the
matters described in paragraph (1) and supersede other rules of the Senate only to
the extent that such paragraphs are inconsistent therewith; and
<>"(B) with full recognition of the constitutional right of
the Senate to change such rules at any time, in the same manner as in the case of
any other rule of the Senate.
"(i) ANNUAL REPORT AND REVIEW.-"(1) ANNUAL REPORT.--Not later than March 1 of each year (beginning with 1992),
the Attorney General, after consultation with the appropriate agencies of the
Government, shall submit a report to the Committees on the Judiciary of the House of
Representatives and of the Senate on the operation of this section during the
previous year. Each report shall include--

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"(A) a listing of the foreign states or parts thereof designated under this
section,
"(B) the number of nationals of each such state who have been granted temporary
protected status under this section and their immigration status before being
granted such status, and
"(C) an explanation of the reasons why foreign states or parts thereof were
designated under subsection (b)(1) and, with respect to foreign states or
parts
thereof previously designated, why the designation was terminated or extended under
subsection (b)(3).
"(2) COMMITTEE REPORT.--No later than 180 days after the date of receipt of such a
report, the Committee on the Judiciary of each House of Congress shall report to its
respective House such oversight findings and legislation as it deems appropriate.".
(b) CLERICAL AMENDMENT.--The table of contents of such Act is amended by inserting
after the item relating to section 244 the following new item:
"Sec. 244A. Temporary protected status.".
<< 8 USCA §

1254a NOTE >>

(c) NO AFFECT ON EXECUTIVE ORDER 12711.--Notwithstanding subsection (g) of section
244A of the Immigration and Nationality Act (inserted by the amendment made by
subsection (a)), such section shall not supercede or affect Executive Order 12711
(April 11, 1990, relating to policy implementation with respect to nationals of the
People's Republic of China).
<< 8 USCA §

1254a NOTE >>

SEC. 303. SPECIAL TEMPORARY PROTECTED STATUS FOR SALVADORANS.
(a) DESIGNATION.-(1) IN GENERAL.--El Salvador is hereby designated under section 244A(b) of the
Immigration and Nationality Act, subject to the provisions of this section.
(2) PERIOD OF DESIGNATION.--Such designation shall take effect on the date of the
enactment of this section and shall remain in effect until the end of the 18-month
period beginning January 1, 1991.
(b) ALIENS ELIGIBLE.-(1) IN GENERAL.--In applying section 244A of the Immigration and Nationality Act
pursuant to the designation under this section, subject to section 244A(c)(3) of
such Act, an alien who is a national of El Salvador meets the requirements of
section 244A(c)(1) of such Act only if-(A) the alien has been continuously physically present in the United States since
September 19, 1990;
(B) the alien is admissible as an immigrant, except as otherwise provided under
section 244A(c)(2)(A) of such Act, <>and is not ineligible for
temporary protected status under section 244A(c)(2)(B) of such Act; and

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(C) in a manner which the Attorney General shall establish, the alien registers
for temporary protected status under this section during the registration period
beginning January 1, 1991, and ending June 30, 1991.
(2) REGISTRATION FEE.--The Attorney General shall require payment of a reasonable
fee as a condition of registering an alien under paragraph (1)(C) (including
providing an alien with an "employment authorized" endorsement or other appropriate
work permit under this section). The amount of the fee shall be sufficient to cover
the costs of administration of this section. Notwithstanding section 3302 of title
31, United States Code, all such registration fees collected shall be credited to
the appropriation to be used in carrying out this section.
(c) APPLICATION OF CERTAIN PROVISIONS.-(1) IN GENERAL.--Except as provided in this subsection, the provisions of section
244A of the Immigration and Nationality Act (including subsection (h) thereof) shall
apply to El Salvador (and aliens provided temporary protected status) under this
section in the same manner as they apply to a foreign state designated (and aliens
provided temporary protected status) under such section.
(2) PROVISIONS NOT APPLICABLE.--Subsections (b)(1), (b)(2), (b)(3), (c)(1),
(c)(4), (d)(3), and (i) of such section 244A shall not apply under this section.
(3) 6-MONTH PERIOD OF REGISTRATION AND WORK AUTHORIZATION.--Notwithstanding
section 244A(a)(2) of the Immigration and Nationality Act, the work authorization
provided under this section shall be effective for periods of 6 months. In applying
section 244A(c)(3)(C) of such Act under this section, "semiannually, at the end of
each 6-month period" shall be substituted for "annually, at the end of each 12-month
period" and, notwithstanding section 244A(d)(2) of such Act, the period of validity
of documentation under this section shall be 6 months.
(4) REENTRY PERMITTED AFTER DEPARTURE FOR EMERGENCY CIRCUMSTANCES.--In applying
section 244A(f)(3) of the Immigration and Nationality Act under this section, the
Attorney General shall provide for advance parole in the case of an alien provided
special temporary protected status under this section if the alien establishes to
the satisfaction of the Attorney General that emergency and extenuating
circumstances beyond the control of the alien requires the alien to depart for a
brief, temporary trip abroad.
(d) ENFORCEMENT OF REQUIREMENT TO DEPART AT TIME OF TERMINATION OF DESIGNATION.-(1) SHOW CAUSE ORDER AT TIME OF FINAL REGISTRATION.--At the registration occurring
under this section closest to the date of termination of the designation of El
Salvador under subsection (a), the Immigration and Naturalization Service shall
serve on the alien granted temporary protected status an order to show cause that
establishes a date for deportation proceedings which is after the date of such
termination of designation. If El Salvador is subsequently designated under section
244A(b) of the Immigration and Nationality Act, the Service shall cancel such
orders.
<>(2) SANCTION FOR FAILURE TO APPEAR.--If an alien is
provided an order to show cause under paragraph (1) and fails to appear at such
proceedings, except for exceptional circumstances, the alien may be deported in
absentia under section 242B of the Immigration and Nationality Act (inserted by
section 545(a) of this Act) and certain discretionary forms of relief are no longer
available to the alien pursuant to such section.
TITLE IV--NATURALIZATION
SEC. 401. ADMINISTRATIVE NATURALIZATION.

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1421 >>

(a) NATURALIZATION AUTHORITY.--Section 310 (8 U.S.C. 1421) is amended to read as
follows:
"NATURALIZATION AUTHORITY
"SEC. 310. (a) AUTHORITY IN ATTORNEY GENERAL.--The sole authority to naturalize
persons as citizens of the United States is conferred upon the Attorney General.
"(b) ADMINISTRATION OF OATHS.--An applicant for naturalization may choose to have
the oath of allegiance under section 337(a) administered by the Attorney General or
by any District Court of the United States for any State or by any court of record
in any State having a seal, a clerk, and jurisdiction in actions in law or equity,
or law and equity, in which the amount in controversy is unlimited. The
jurisdiction of all courts in this subsection specified to administer the oath of
allegiance shall extend only to persons resident within the respective jurisdiction
of such courts.
"(c) JUDICIAL REVIEW.--A person whose application for naturalization under this
title is denied, after a hearing before an immigration officer under section 336(a),
may seek review of such denial before the United States district court for the
district in which such person resides in accordance with chapter 7 of title 5,
United States Code. Such review shall be de novo, and the court shall make its own
findings of fact and conclusions of law and shall, at the request of the petitioner,
conduct a hearing de novo on the application.
"(d) SOLE PROCEDURE.--A person may only be naturalized as a citizen of the United
States in the manner and under the conditions prescribed in this title and not
otherwise.".
<< 8 USCA §

1445 >>

(b) FILING OF APPLICATIONS.--Section 334(a) (8 U.S.C. 1445(a)) is amended by adding
at the end the following new sentence: "In the case of an applicant subject to a
requirement of continuous residence under section 316(a) or 319(a), the application
for naturalization may be filed up to 3 months before the date the applicant would
first otherwise meet such continuous residence requirement.".
<< 8 USCA §

1446 >>

(c) NOTIFICATION.--Section 335(b) (8 U.S.C. 1446(b)) is amended by adding at the
end the following new sentence: "Any such employee shall, at the examination,
inform the petitioner of the remedies available to the petitioner under section
336.".
<< 8 USCA §

1427 >>

SEC. 402. SUBSTITUTING 3 MONTHS RESIDENCE IN INS DISTRICT OR STATE FOR 6 MONTHS
RESIDENCE IN A STATE.
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Section 316(a)(1) (8 U.S.C. 1427(a)(1)) is amended by striking "and who has resided
within the State in which the petitioner filed the petition for at least six months"
and inserting "and who has resided within the State or within the district of the
Service in the United <>States in which the applicant filed the
application for at least three months".
<< 8 USCA §

1423 >>

SEC. 403. WAIVER OF ENGLISH LANGUAGE REQUIREMENT FOR NATURALIZATION.
Section 312(1) (8 U.S.C. 1423(1)) is amended by striking "is over fifty years of
age and has been living in the United States for periods totaling at least twenty
years subsequent to a lawful admission for permanent residence" and inserting
"either (A) is over 50 years of age and has been living in the United States for
periods totaling at least 20 years subsequent to a lawful admission for permanent
residence, or (B) is over 55 years of age and has been living in the United States
for periods totaling at least 15 years subsequent to a lawful admission for
permanent residence".
<< 8 USCA §

1426 >>

SEC. 404. TREATMENT OF SERVICE IN ARMED FORCES OF A FOREIGN COUNTRY.
Section 315 (8 U.S.C. 1425) is amended-(1) in subsection (a), by inserting "but subject to subsection (c)" after
"section 405(b)", and
(2) by adding at the end the following new subsection:
"(c) An alien shall not be ineligible for citizenship under this section or
otherwise because of an exemption from training or service in the Armed Forces of
the United States pursuant to the exercise of rights under a treaty, if before the
time of the exercise of such rights the alien served in the Armed Forces of a
foreign country of which the alien was a national.".
<< 8 USCA §

1440 NOTE >>

SEC. 405. NATURALIZATION OF NATIVES OF THE PHILIPPINES THROUGH CERTAIN ACTIVE-DUTY
SERVICE DURING WORLD WAR II.
(a) WAIVER OF CERTAIN REQUIREMENTS.--(1) Clauses (1) and (2) of section 329(a) of
the Immigration and Nationality Act (8 U.S.C. 1440(a)) shall not apply to the
naturalization of any person-(A) who was born in the Philippines and who was residing in the Philippines before
the service described in subparagraph (B);
(B) who served honorably-(i) in an active-duty status under the command of the United States Armed Forces
in the Far East, or
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(ii) within the Philippine Army, the Philippine Scouts, or recognized guerrilla
units,
at any time during the period beginning September 1, 1939, and ending December 31,
1946;
(C) who is otherwise eligible for naturalization under section 329 of such Act;
and
(D) who applies for naturalization during the 2-year period beginning on the date
of the enactment of this Act.
(2) Subject to subsection (c), in applying section 329 of the Immigration and
Nationality Act, service described in paragraph (1)(B) is considered to be honorable
service in an active-duty status in the military, air, or naval forces of the United
States.
(b) WAIVER OF RESIDENCY REQUIREMENT.--Section 340(d) of the Immigration and
Nationality Act (8 U.S.C. 1451(d)) shall not apply to a person who is naturalized
pursuant to subsection (a).
(c) STATUTORY CONSTRUCTION.--The enactment of this section shall not be construed
as affecting the rights, privileges, or benefits of a person described in subsection
(a)(1) under any provision of law <>(other than the
Immigration and Nationality Act) by reason of the service of such person or the
service of any other person under the command of the United States Armed Forces.
<< 8 USCA §

1443 >>

SEC. 406. PUBLIC EDUCATION REGARDING NATURALIZATION BENEFITS.
Section 332 (8 U.S.C. 1443) is amended by adding at the end the following new
subsection:
"(h) In order to promote the opportunities and responsibilities of United States
citizenship, the Attorney General shall broadly distribute information concerning
the benefits which persons may receive under this title and the requirements to
obtain such benefits. In carrying out this subsection, the Attorney General shall
seek the assistance of appropriate community groups, private voluntary agencies, and
other relevant organizations. There are authorized to be appropriated (for each
fiscal year beginning with fiscal year 1991) such sums as may be necessary to carry
out this subsection.".
SEC. 407. CONFORMING AMENDMENTS.
(a) CONFORMING AMENDMENTS TO SECTION 310 REVISION.--(1) The item in the table of
contents relating to section 310 is amended to read as follows:
"Sec. 310. Naturalization authority.".
<< 8 USCA §

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(2) Section 101(a)(36) (8 U.S.C. 1101(a)(36)) is amended by striking "(except as
used in section 310(a) of title III)".
<< 8 USCA §

1430 >>

(b) CONFORMING AMENDMENTS TO CHANGE IN RESIDENCE REQUIREMENT.--(1) Section 319 (8
U.S.C. 1430) is amended-(A) in subsection (a), by striking "has resided within the State in which he filed
his petition for at least six months" and inserting "has resided within the State or
the district of the Service in the United States in which the applicant filed his
application for at least three months",
(B) in subsections (b) and (d), by striking "within the jurisdiction of the
naturalization court" and inserting "within a State or a district of the Service in
the United States", and
(C) in subsection (c), is amended by striking "within the jurisdiction of the
court" and inserting "district of the Service in the United States".
<< 8 USCA §

1433 >>

(2) Section 322(c) (8 U.S.C. 1433(c)) is amended by striking "within the
jurisdiction of the naturalization court" and inserting "within a State or a
district of the Service in the United States".
<< 8 USCA §

1435 >>

(3) Section 324(a)(1) (8 U.S.C. 1435(a)(1)) is amended by inserting "or district of
the Service in the United States" after "State".
<< 8 USCA §

1439 >>

(4) Section 328 (8 U.S.C. 1439) is amended-(A) in subsection (a)-(i) by inserting "or district of the Service in the United States" after
"State", and
(ii) by striking "for at least six months" and inserting "for at least three
months";
(B) in subsection (b)(1), by striking "within the jurisdiction of the court" and
inserting "within a State or district of the Service in the United States"; and
(C) in subsection (c), by inserting "or district of the Service in the United
States" after "State".
<< 8 USCA §

1440 >>

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(A) in paragraph (2)-(i) by inserting "or district of the Service in the United States" after
"State", and
<>(ii) by inserting "and" at the end of paragraph (2);
(B) by striking paragraph (3);

and

(C) by redesignating paragraph (4) as paragraph (3).
<< 8 USCA § § 1424, 1427, 1428, 1429, 1430, 1433, 1435, 1436, 1437, 1439, 1440,
1441, 1442, 1444, 1445, 1446, 1447, 1448, 1449, 1455 >>
<< 18 USCA §

1429 >>

(c) SUBSTITUTION OF APPLICATION FOR NATURALIZATION FOR PETITION FOR
NATURALIZATION.--The text of the following provisions is amended by striking "a
petition", "petition", "petitions", "a petitioner", "petitioner", "petitioner's",
"petitioning", and "petitioned" each place it appears and inserting "an
application", "application", "applications" or "applies" (as the case may be), "an
applicant", "applicant", "applicant's", "applying", and "applied", respectively:
(1) Section 313(c) (8 U.S.C. 1424(c)).
(2) Section 316 (8 U.S.C. 1427).
(3) Section 317 (8 U.S.C. 1428).
(4) Section 318 (8 U.S.C. 1429).
(5) Sections 319(a) and (c) (8 U.S.C. 1430(a), (c)).
(6) Section 322 (8 U.S.C. 1433).
(7) Section 324 (8 U.S.C. 324).
(8) Section 325 (8 U.S.C. 1436).
(9) Section 326 (8 U.S.C. 1437).
(10) Section 328 (8 U.S.C. 1439).
(11) Section 329 (8 U.S.C. 1440), other than subsection (d).
(12) Section 330 (8 U.S.C. 1441).
(13) Section 331 (8 U.S.C. 1442), other than subsection (d).
(14) Section 333(a) (8 U.S.C. 1444(a)).
(15) Section 334 (8 U.S.C. 1445).
(16) Section 335 (8 U.S.C. 1446).
(17) Section 336 (8 U.S.C. 1447).

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(18) Section 337 (8 U.S.C. 1448).
(19) Section 338 (8 U.S.C. 1449).
(20) Section 344 (8 U.S.C. 1455).
(21) Section 1429 of title 18, United States Code.
<< 8 USCA §

1427 >>

(d) SUBSTITUTING APPROPRIATE ADMINISTRATIVE AUTHORITY FOR NATURALIZATION COURT.-(1) Section 316 (8 U.S.C. 1427) is amended-(A) in subsection (b), by striking "the court" each place it appears and inserting
"the Attorney General",
(B) in subsection (b), by striking "date of final hearing" and inserting
any hearing under section 336(a)",

"date of

(C) in subsection (e), by striking "the court" and inserting "the Attorney
General",
(D) in subsection (g)(1), by striking "within the jurisdiction of the court" and
inserting "within a particular State or district of the Service in the United
States", and
(E) in subsection (g)(2), by amending the first sentence to read as follows: "An
applicant for naturalization under this subsection may be administered the oath of
allegiance under section 337(a) by any district court of the United States, without
regard to the residence of the applicant.".
<< 8 USCA §

1428 >>

(2) The second sentence of section 317 (8 U.S.C. 1428) is amended by striking
the naturalization court".
<< 8 USCA §

"and

1429 >>

(3) The third sentence of section 318 (8 U.S.C. 1429) is amended-(A) by striking "finally heard by a naturalization court" and inserting
"considered by the Attorney General", and
(B) by striking "upon the naturalization court" and inserting "upon the Attorney
General".
<< 8 USCA §

1430 >>

(4) Section 319 (8 U.S.C. 1430) is amended-<>(A) in subsection (b)(3), by striking "before the
naturalization court" and inserting "before the Attorney General", and
(B) in subsection (c)(5), by striking "naturalization court" and inserting
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"Attorney General".
<< 8 USCA §

1433 >>

(5) Section 322(c)(2)(C) (8 U.S.C. 1433(c)(2)(C)) is amended by striking
"naturalization court" the first place it appears and inserting "Attorney General".
<< 8 USCA §

1435 >>

(6) Section 324 (8 U.S.C. 1435) is amended-(A) in subsection (a)-(i) by inserting "and" at the end of paragraph (1),
(ii) by striking the semicolon at the end of paragraph (2) and inserting a
period, and
(iii) by striking paragraphs (3) and (4);
(B) in subsection (b), by striking "naturalization court" and inserting
General"; and

"Attorney

(C) in subsection (c)-(i) in paragraph (2), by striking "the judge or clerk of a naturalization
court" and inserting "the Attorney General or the judge or clerk of a court
described in section 310(b)", and
(ii) in paragraph (3), by striking "or naturalization court" each place it
appears and inserting "court, or the Attorney General".
<< 8 USCA §

1438 >>

(7) Section 327(a) (8 U.S.C. 1438(a)) is amended-(A) by striking "any naturalization court specified in section 310(a) of this
title" and inserting "the Attorney General or before a court described in section
310(b)"; and
(B) by inserting "and by the Attorney General to the Secretary of State" after
"Department of Justice".
<< 8 USCA §

1439 >>

(8) Section 328(c) (8 U.S.C. 1439(c)) is amended by striking "the final hearing"
and inserting "any hearing".
<< 8 USCA §

1442 >>

(9) Section 331(b) (8 U.S.C. 1442(b)) is amended by striking "called for a hearing"
and all that follows through "to be continued" and inserting "considered or heard
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except after 90 days' notice to the Attorney General to be considered at the
examination or hearing, and the Attorney General's objection to such consideration
shall cause the application to be continued".
<< 8 USCA §

1443 >>

(10) Section 332(a) (8 U.S.C. 1443(a)) is amended-(A) by striking "for the purpose" and all that follows through
courts" in the first sentence, and

"naturalization

(B) by striking the second sentence.
<< 8 USCA §

1444 >>

(11) Section 333(a) (8 U.S.C. 1444(a)) is amended by striking "clerk of the court"
and inserting "Attorney General".
<< 8 USCA §

1445 >>

(12) Section 334 (8 U.S.C. 1445) is amended-(A) by amending the heading to read as follows:
"APPLICATION FOR NATURALIZATION;
(B) in subsection (a)--

DECLARATION OF INTENTION";

(i) by striking "in the office of the clerk of a naturalization court" and
inserting "with the Attorney General",
(ii) by striking "upon the hearing of such petition" and inserting "under this
title";
(C) in subsection (b)-(i) by striking "(1)",
(ii) by striking "and (2)" and all that follows through "Attorney General", and
<>(iii) by striking "petition for";
(D) by striking the first sentence of subsection (f) and inserting the following:
"An alien over 18 years of age who is residing in the United States pursuant to a
lawful admission for permanent residence may file with the Attorney General a
declaration of intention to become a citizen of the United States. Such a
declaration shall be filed in duplicate and in a form prescribed by the Attorney
General and shall be accompanied by an application prescribed and approved by the
Attorney General.";
(E) by redesignating subsection (f) as subsection (g);

and

(F) by striking subsections (c) through (e) and inserting the following:
"(c) Hearings under section 336(a) on applications for naturalization shall be held
at regular intervals specified by the Attorney General.

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"(d) Except as provided in subsection (e), an application for naturalization shall
be filed in the office of the Attorney General.
"(e) A person may file an application for naturalization other than in the office
of the Attorney General, and an oath of allegiance administered other than in a
public ceremony before the Attorney General or a court, if the Attorney General
determines that the person has an illness or other disability which-"(1) is of a permanent nature and is sufficiently serious to prevent the person's
personal appearance, or
"(2) is of a nature which so incapacitates the person as to prevent him from
personally appearing.".
<< 8 USCA §

1446 >>

(13) Section 335 (8 U.S.C. 1146) is amended-(A) by amending the heading to read as follows:
"INVESTIGATION OF APPLICANTS;

EXAMINATION OF APPLICATIONS";

(B) in subsection (a), by striking "At any time" and all that follows through
"336(a)" and inserting "Before a person may be naturalized";
(C) in subsection (b)-(i) by striking "preliminary" each place it appears,
(ii) in the first sentence, by striking "to any naturalization court" and all
that follows through "to such court",
(iii) by striking "any court exercising naturalization jurisdiction as specified
in section 310 of this title" in the second sentence and inserting "any District
Court of the United States", and
(iv) by striking "final hearing conducted by a naturalization court designated in
section 310 of this title" in the third sentence and inserting "hearing conducted by
an immigration officer under section 336(a)";
(D) in subsection (c)-(i) by striking "preliminary" each place it appears, and
(ii) by striking "recommendation" and inserting "determination";

and

(E) by amending subsections (d) through (f) to read as follows:
"(d) The employee designated to conduct any such examination shall make a
determination as to whether the application should be granted or denied, with
reasons therefor.
"(e) After an application for naturalization has been filed with the Attorney
General, the applicant shall not be permitted to withdraw his application, except
with the consent of the Attorney General. In <> cases where
the Attorney General does not consent to the withdrawal of the application, the
application shall be determined on its merits and a final order determination made
accordingly. In cases where the applicant fails to prosecute his application, the
application shall be decided on the merits unless the Attorney General dismisses it

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for lack of prosecution.
"(f) An applicant for naturalization who moves from the district of the Service in
the United States in which the application is pending may, at any time thereafter,
request the Service to transfer the application to any district of the Service in
the United States which may act on the application. The transfer shall not be made
without the consent of the Attorney General. In the case of such a transfer, the
proceedings on the application shall continue as though the application had
originally been filed in the district of the Service to which the application is
transferred.".
<< 8 USCA §

1447 >>

(14) Section 336 (8 U.S.C. 1447) is amended-(A) by amending the heading to read as follows:
"HEARINGS ON DENIALS OF APPLICATIONS FOR NATURALIZATION";
(B) by amending subsections (a) and (b) to read as follows:
"(a) If, after an examination under section 335, an application for naturalization
is denied, the applicant may request a hearing before an immigration officer.
"(b) If there is a failure to make a determination under section 335 before the end
of the 120-day period after the date on which the examination is conducted under
such section, the applicant may apply to the United States district court for the
district in which the applicant resides for a hearing on the matter. Such court has
jurisdiction over the matter and may either determine the matter or remand the
matter, with appropriate instructions, to the Service to determine the matter.";
(C) in subsection (c), by striking "court" and inserting "immigration officer";
(D) in subsection (d)-(i) by striking "clerk of the court" and all that follows through
"naturalization" and inserting "immigration officer shall, if the applicant requests
it at the time of filing the request for the hearing",
(ii) by striking "final" each place it appears, and
(iii) by adding at the end the following: "Such subpenas may be enforced in the
same manner as subpenas under section 335(b) may be enforced."; and
(E) in subsection (e)-(i) by striking "naturalization of any person," and inserting
a court of the oath of allegiance under section 337(a)", and

"administration by

(ii) by striking "included in the petition for naturalization of such persons"
and inserting "included in an appropriate petition to the court".
<< 8 USCA §

1448 >>

(15) Section 337 (8 U.S.C. 1448) is amended-(A) in subsection (a)-(i) in the first sentence, by striking "in open court" and inserting "in a public
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ceremony before the Attorney General or a court with jurisdiction under section
310(b)",
<>(ii) in the second and fourth sentences, by striking
"naturalization court" each place it appears and inserting "Attorney General", and
(iii) in the fourth sentence, by striking "the court" and inserting "the Attorney
General";
(B) in subsection (b)-(i) by striking "in open court in the court in which the petition for
naturalization is made" and inserting "in the same public ceremony in which the oath
of allegiance is administered", and
(ii) by striking "in the court";
(C) in subsection (c)-(i) by striking "being in open court" and inserting "attending a public
ceremony", and
(ii) by striking "a judge of the court at such place as may be designated by the
court" and inserting "at such place as the Attorney General may designate under
section 334(e)"; and
(D) by adding at the end the following new subsection:
"(d) The Attorney General shall prescribe rules and procedures to ensure that the
ceremonies conducted by the Attorney General for the administration of oaths of
allegiance under this section are public, conducted frequently and at regular
intervals, and are in keeping with the dignity of the occasion.".
<< 8 USCA §

1449 >>

(16) Section 338 (8 U.S.C. 1449) is amended-(A) by striking "by a naturalization court",
(B) by striking "the clerk of such court" and inserting "the Attorney General",
(C) by striking "title, venue, and location of the naturalization court" and
inserting "location of the District office of the Service in which the application
was filed and the title, authority, and location of the official or court
administering the oath of allegiance",
(D) by striking "the court" and inserting "the Attorney General", and
(E) by striking "of the clerk of the naturalization court; and seal of the court"
and inserting "of an immigration officer; and the seal of the Department of
Justice".
<< 8 USCA §

1450 >>

(17) Section 339 (8 U.S.C. 1450) is amended to read as follows:
"FUNCTIONS AND DUTIES OF CLERKS AND RECORDS OF DECLARATIONS OF INTENTION AND
APPLICATIONS FOR NATURALIZATION
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"Sec. 339. (a) The clerk of each court that administers oaths of allegiance under
section 337 shall-"(1) issue to each person to whom such an oath is administered a document
evidencing that such an oath was administered,
"(2) forward to the Attorney General information concerning each person to whom
such an oath is administered by the court, within 30 days after the close of the
month in which the oath was administered,
"(3) make and keep on file evidence for each such document issued, and
"(4) forward to the Attorney General certified copies of such other proceedings
and orders instituted in or issued out of the <>court
affecting or relating to the naturalization of persons as may be required from time
to time by the Attorney General.
"(b) Each district office of the Service in the United States shall maintain, in
chronological order, indexed, and consecutively numbered, as part of its permanent
records, all declarations of intention and applications for naturalization filed
with the office.".
<< 8 USCA §

1451 >>

(18) Section 340 (8 U.S.C. 1451) is amended-(A) in the first sentence of subsection (a), by striking "in any court specified
in subsection (a) of section 310 of this title" and inserting "in any District Court
of the United States",
(B) by amending the second sentence of subsection (g) to read as follows:
"The
clerk of the court shall transmit a copy of such order and judgment to the Attorney
General.",
(C) by striking the third sentence of subsection (g), and
(D) in subsection (i), by striking "any naturalization court" and all that follows
through "to take such action" and inserting the following: "the Attorney General to
correct, reopen, alter, modify, or vacate an order naturalizing the person".
<< 8 USCA §

1455 >>

(19) Section 344 (8 U.S.C. 1455) is amended-(A) in subsection (a)-(i) by striking "The clerk of the court" and inserting "The Attorney General",
(ii) in paragraph (1), by striking "final", and
(iii) in paragraph (1), by striking "the naturalization court" and inserting "the
Attorney General";
(B) by striking subsections (c), (d), (e), and (f);
(C) in subsection (g)--

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(i) by striking ", and all fees paid over to the Attorney General by clerks of
courts under the provisions of this title,", and
(ii) by striking "or by the clerks of the courts";
(D) in subsection (h)-(i) by striking "no clerk of a United States court shall" and inserting "the
Attorney General may not",
(ii) by striking ", and no clerk of any State court" and all that follows through
"charged or collected", and
(iii) by striking the second sentence;
(E) in subsection (i), by striking "clerk of court", "from the clerk,", "such
clerk", and "by the clerk" and inserting "Attorney General", "from the Attorney
General,", "the Attorney General", and "by the Attorney General", respectively;

and

(F) by redesignating subsections (g), (h), and (i) as subsections (c), (d), and
(e), respectively.
<< 8 USCA §

1459 >>

(20) Section 348 (8 U.S.C. 1459) is repealed.
<< 8 USCA §

1427 >>

(e) STRIKING MISCELLANEOUS MATERIAL.--(1) Section 316 (8 U.S.C. 1427) is amended by
striking subsection (f) and by redesignating subsection (g) as subsection (f).
<< 8 USCA §

1422 >>

(2) Section 331 (8 U.S.C. 1442) is amended by striking the second sentence of
subsection (d).
(f) CORRECTIONS OF TABLE OF CONTENTS.--(1) The items in the table of contents
relating to sections 334 through 336 are amended to read as follows:
"Sec. 334. Application for naturalization;
"Sec. 335. Investigation of applicants;

declaration of intention.

examination of applications.

"Sec. 336. Hearings on denials of applications for naturalization.".
(2) The item in the table of contents relating to section 339 is amended to read as
follows:
<>"Sec. 339. Functions and duties of clerks and records of
declarations of intention and applications for naturalization.".
(3) The item in the table of contents relating to section 348 is repealed.
<< 8 USCA § §

1101 nt, 1421 NOTE, 1423 nt, 1424 nt, 1426 nt, 1427 nt, 1428 nt,

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1429 nt, 1430 nt, 1433 nt, 1435 nt, 1436 nt, 1437 nt, 1438 nt, 1439 nt, 1440
nt, 1441 nt, 1442 nt, 1443 nt, 1444 nt, 1445 nt, 1446 nt, 1447 nt, 1448 nt,
1449 nt, 1450 nt, 1455 nt, 1459 nt >>
<< 18 USCA §

1429 >>

SEC. 408. EFFECTIVE DATES AND SAVINGS PROVISIONS.
(a) EFFECTIVE DATE.-(1) NO NEW COURT PETITIONS AFTER EFFECTIVE DATE.--No court shall have
jurisdiction, under section 310(a) of the Immigration and Nationality Act, to
naturalize a person unless a petition for naturalization with respect to that person
has been filed with the court before October 1, 1991.
(2) TREATMENT OF CURRENT COURT PETITIONS.-(A) CONTINUATION OF CURRENT RULES.--Except as provided in subparagraph (B), any
petition for naturalization which may be pending in a court on October 1,
1991,
shall be heard and determined in accordance with the requirements of law in effect
when the petition was filed.
(B) PERMITTING WITHDRAWAL AND CONSIDERATION OF APPLICATION UNDER NEW RULES.--In
the case of any petition for naturalization which may be pending in any court on the
date of the enactment of this Act, the petitioner may withdraw such petition and
have the petitioner's application for naturalization considered under the amendments
made by this title, but only if the petition is withdrawn not later than 3 months
after the effective date.
(3) GENERAL EFFECTIVE DATE.--Except as otherwise provided in this section, the
amendments made by this title are effective as of the date of the enactment of this
Act.
(b) INTERIM, FINAL REGULATIONS.--The Attorney General shall prescribe regulations
(on an interim, final basis or otherwise) to implement the amendments made by this
title on a timely basis.
(c) CONTINUING DUTIES.--The amendments to section 339 of the Immigration and
Nationality Act (relating to functions and duties of clerks) shall not apply to
functions and duties respecting petitions filed before October 1, 1991.
(d) GENERAL SAVINGS PROVISIONS.--(1) Nothing contained in this title, unless
otherwise specifically provided, shall be construed to affect the validity of any
declaration of intention, petition for naturalization, certificate of
naturalization, certification of citizenship, or other document or proceeding which
is valid as of the effective date; or to affect any prosecution, suit, action, or
proceedings, civil or criminal, brought, or any status, condition, right in process
of acquisition, act, thing, liability, obligation, or matter, civil or criminal,
done or existing, as of the effective date.
(2) As to all such prosecutions, suits, actions, proceedings, statutes, conditions,
rights, acts, things, liabilities, obligations, or matters, the provisions of law
repealed by this title are, unless otherwise specifically provided, hereby continued
in force and effect.
(e) TREATMENT OF SERVICE IN ARMED FORCES OF FOREIGN COUNTRY.--The amendments made
by section 404 (relating to treatment of service in armed forces of a foreign
country) shall take effect on the date of the enactment of this Act and shall apply
to exemptions from training or service obtained before, on, or after such date.

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(f) FILIPINO WAR VETERANS.--Section 405 (relating to naturalization of natives of
the Philippines through active-duty service under United States command during World
War II) shall become effective <>on May 1, 1991, without regard
to whether regulations to implement such section have been issued by such date.
TITLE V--ENFORCEMENT
Subtitle A--Criminal Aliens
SEC. 501. AGGRAVATED FELONY DEFINITION.

<< 8 USCA §

1101 >>

(a) IN GENERAL.--Paragraph (43) of section 101(a) (8 U.S.C. 1101(a)) is amended-(1) by aligning its left margin with the left margin of paragraph (42),
(2) by inserting "any illicit trafficking in any controlled substance (as defined
in section 102 of the Controlled Substances Act), including" after "murder,",
(3) by inserting after "such title," the following: "any offense described in
section 1956 of title 18, United States Code (relating to laundering of monetary
instruments), or any crime of violence (as defined in section 16 of title 18, United
States Code, not including a purely political offense) for which the term of
imprisonment imposed (regardless of any suspension of such imprisonment) is at least
5 years,",
(4) by striking "committed within the United States",
(5) by adding at the end the following: "Such term applies to offenses described
in the previous sentence whether in violation of Federal or State law.", and
(6) by inserting before the period of the sentence added by paragraph (5) the
following: "and also applies to offenses described in the previous sentence in
violation of foreign law for which the term of imprisonment was completed within the
previous 15 years".
<< 8 USCA §

1101 NOTE >>

(b) EFFECTIVE DATE.--The amendments made by subsection (a) shall apply to offenses
committed on or after the date of the enactment of this Act, except that the
amendments made by paragraphs (2) and (5) of subsection (a) shall be effective as if
included in the enactment of section 7342 of the Anti-Drug Abuse Act of 1988.
SEC. 502. SHORTENING PERIOD TO REQUEST JUDICIAL REVIEW.

<< 8 USCA §

1105a >>

(a) IN GENERAL.--Section 106(a)(1) (8 U.S.C. 1152a(a)(1)) is amended by striking
"60 days" and inserting "30 days".

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Page 83

1105a NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to final
deportation orders issued on or after January 1, 1991.
SEC. 503. ENHANCING ENFORCEMENT AUTHORITY OF INS OFFICERS.

<< 8 USCA §

1357 >>

(a) BROADENING AUTHORITY.--Section 287(a) (8 U.S.C. 1357(a)) is amended-(1) by striking "and" at the end of paragraph (3), and
(2) in paragraph (4), by striking "United States" the second place it appears and
all that follows and inserting the following:
"United States, and
"(5) to make arrests-"(A) for any offense against the United States, if the offense is committed in
the officer's or employee's presence, or
<>"(B) for any felony cognizable under the laws of the
United States, if the officer or employee has reasonable grounds to believe that the
person to be arrested has committed or is committing such a felony,
if the officer or employee is performing duties relating to the enforcement of the
immigration laws at the time of the arrest and if there is a likelihood of the
person escaping before a warrant can be obtained for his arrest.
Under regulations prescribed by the Attorney General, an officer or employee of the
Service may carry a firearm and may execute and serve any order, warrant, subpoena,
summons, or other process issued under the authority of the United States. The
authority to make arrests under paragraph (5)(B) shall only be effective on and
after the date on which the Attorney General publishes final regulations which (i)
prescribe the categories of officers and employees of the Service who may use force
(including deadly force) and the circumstances under which such force may be used,
(ii) establish standards with respect to enforcement activities of the Service,
(iii) require that any officer or employee of the Service is not authorized to make
arrests under paragraph (5)(B) unless the officer or employee has received
certification as having completed a training program which covers such arrests and
standards described in clause (ii), and (iv) establish an expedited, internal review
process for violations of such standards, which process is consistent with standard
agency procedure regarding confidentiality of matters related to internal
investigations.".
(b) REQUIRING FINGERPRINTING AND PHOTOGRAPHING OF CERTAIN ALIENS.--(1) Section 287
is further amended by adding at the end the following new subsection:
"(f)(1) Under regulations of the Attorney General, the Commissioner shall provide
for the fingerprinting and photographing of each alien 14 years of age or older
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against whom a proceeding is commenced under section 242.
"(2) Such fingerprints and photographs shall be made available to Federal, State,
and local law enforcement agencies, upon request.".
<< 8 USCA §

1304 >>

(2) Section 264(b) (8 U.S.C. 1304(b)) is amended by inserting "(1) pursuant to
section 287(f)(2), and (2)" after "only".
SEC. 504. CUSTODY PENDING DETERMINATION OF DEPORTABILITY AND EXCLUDABILITY.

<< 8 USCA §

1252a >>

(a) DEPORTABILITY.--Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is amended-(1) in the first sentence, by striking "upon completion of the alien's sentence
for such conviction" and inserting "upon release of the alien (regardless of whether
or not such release is on parole, supervised release, or probation, and regardless
of the possibility of rearrest or further confinement in respect of the same
offense)",
(2) in the second sentence, by inserting "but subject to subparagraph (B)" after
"Notwithstanding subsection (a)",
(3) in the second sentence, by striking "subsection (a)" and inserting
(1) or subsections (c) and (d)",

"paragraph

(4) by inserting "(A)" after "(2)", and
(5) by adding at the end the following new subparagraph:
"(B) The Attorney General shall release from custody an alien who is lawfully
admitted for permanent residence on bond or such other conditions as the Attorney
General may prescribe if the <>Attorney General determines that
the alien is not a threat to the community and that the alien is likely to appear
before any scheduled hearings.".
<< 8 USCA §

1226 >>

(b) EXCLUDABILITY.--Section 236 (8 U.S.C. 1226) is amended by adding at the end the
following new subsection:
"(e)(1) Pending a determination of excludability, the Attorney General shall take
into custody any alien convicted of an aggravated felony upon completion of the
alien's sentence for such conviction.
"(2) Notwithstanding any other provision of this section, the Attorney General
shall not release such felon from custody unless the Attorney General determines
that the alien may not be deported because the condition described in section 243(g)
exists.
"(3) If the determination described in paragraph (2) has been made, the Attorney
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General may release such alien only after-"(A) a procedure for review of each request for relief under this subsection has
been established,
"(B) such procedure includes consideration of the severity of the felony
committed by the alien, and
"(C) the review concludes that the alien will not pose a danger to the safety of
other persons or to property.".
<< 8 USCA § §

1226 nt, 1252 NOTE >>

(c) EFFECTIVE DATE.--The amendments made by this section shall take effect on the
date of the enactment of this Act.
SEC. 505. ELIMINATION OF JUDICIAL RECOMMENDATIONS AGAINST DEPORTATION.

<< 8 USCA §

1251 >>

(a) IN GENERAL.--Section 241(b) (8 U.S.C. 1251(b)) is amended-(1) in the first sentence-(A) by striking "(1)", and
(B) by striking ", or (2)" and all that follows up to the period at the end;

and

(2) in the second sentence, by inserting "or who has been convicted of an
aggravated felony" after "subsection (a)(11) of this section".
<< 8 USCA §

1251 NOTE >>

(b) EFFECTIVE DATE.--The amendments made by subsection (a) shall take effect on the
date of the enactment of this Act and shall apply to convictions entered before, on,
or after such date.
SEC. 506. CLARIFICATION RESPECTING DISCRETIONARY AUTHORITY IN DEPORTATION
PROCEEDINGS FOR INCARCERATED ALIENS.

<< 8 USCA §

1252a >>

(a) IN GENERAL.--Section 242A(d)(2) (8 U.S.C. 1252a(d)(2)) is amended by striking
", unless" and all that follows up to the period at the end.
<< 8 USCA §

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(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect on the
date of the enactment of this Act.
SEC. 507. REQUIRING COORDINATION PLAN WITH INS AS A CONDITION FOR RECEIPT OF DRUG
CONTROL AND SYSTEM IMPROVEMENT GRANTS UNDER THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968.

<< 42 USCA §

3753 >>

(a) IN GENERAL.--Section 503(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following new
paragraph:
"(11) An assurance that the State has established a plan under which the State
will provide without fee to the Immigration and Naturalization Service, within 30
days of the date of their conviction, the certified records of conviction of aliens
who <>have been convicted of violating the criminal laws of the
State.".
<< 42 USCA §

3753 NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to grants for
fiscal years beginning with fiscal year 1991.
SEC. 508. DEPORTATION FOR ATTEMPTED VIOLATIONS OF CONTROLLED SUBSTANCES LAWS.

<< 8 USCA §

1251 >>

(a) IN GENERAL.--Section 241(a)(11) (8 U.S.C. 1251(a)(11)) is amended by inserting
"or attempt" after "conspiracy".
<< 8 USCA §

1251 NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to
convictions occurring on or after the date of the enactment of this Act.
SEC. 509. GOOD MORAL CHARACTER DEFINITION.

<< 8 USCA §

1101 >>

(a) IN GENERAL.--Section 101(f)(8) (8 U.S.C. 1101(f)(8)) is amended by striking
"the crime of murder" and inserting "an aggravated felony (as defined in subsection
(a)(43))".
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<< 8 USCA §

Page 87

1101 NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect on the
date of the enactment of this Act and shall apply to convictions occurring on or
after such date.
<< 8 USCA §

1251 NOTE >>

SEC. 510. REPORT ON CRIMINAL ALIENS.
(a) IN GENERAL.--The Attorney General shall submit to the appropriate Committees of
the Congress, by not later than December 1, 1991, a report that describes the
efforts of the Immigration and Naturalization Service to identify, apprehend,
detain, and remove from the United States aliens who have been convicted of crimes
in the United States.
(b) CRIMINAL ALIEN CENSUS.--Such report shall include a statement of-(1) the number of aliens in the United States who have been convicted of a
criminal offense in the United States, and, of such number, the number of such
aliens who are not lawfully admitted to the United States;
(2) the number of aliens lawfully admitted to the United States who have been
convicted of such an offense and, based on such conviction, are subject to
deportation from the United States;
(3) the number of aliens in the United States who are incarcerated in a penal
institution in the United States, and, of such number, the number of such aliens who
are not lawfully admitted to the United States;
(4)(A) the number of aliens whose deportation hearings have been conducted
pursuant to section 242A(a) of the Immigration and Nationality Act, and (B) the
percentage that such number represents of the total number of deportable aliens with
respect to whom a hearing under such section could have been conducted since
November 18, 1988; and
(5) the number of aliens in the United States who have reentered the United States
after having been convicted of a criminal offense in the United States.
Within each of the numbers of aliens specified under this subsection who have been
convicted of criminal offenses, the Attorney General shall distinguish between
criminal offenses that are aggravated felonies (as defined in section 101(a)(43) of
the Immigration and Nationality Act, as amended by this Act) and for other criminal
offenses.
<>(c) CRIMINAL ALIEN REMOVAL PLAN.--The Attorney General shall
include in the report a plan for the prompt removal from the United States of
criminal aliens who are subject to exclusion or deportation. Such plan shall also
include a statement of additional funds that would be required to provide for prompt
removal from the United States of-(1)(A) aliens who are not lawfully admitted to the United States and who, as of
the date of the enactment of this Act, have committed any criminal offense in the
United States, and (B) aliens who are lawfully admitted to the United States and
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who, as of such date, have committed a criminal offense in the United States the
commission of which makes the alien subject to deportation; and
(2)(A) aliens who are not lawfully admitted to the United States and who, in the
future, commit a criminal offense in the United States, and (B) aliens who are
lawfully admitted to the United States and who, in the future, commit a criminal
offense in the United States the commission of which makes the alien subject to
deportation.
Such plan shall also include a method for identifying and preventing the unlawful
reentry of aliens who have been convicted of criminal offenses in the United States
and removed from the United States.
SEC. 511. LIMITATION ON WAIVER OF EXCLUSION FOR RETURNING PERMANENT RESIDENTS
CONVICTED OF AN AGGRAVATED FELONY.

<< 8 USCA §

1182 >>

(a) IN GENERAL.--Section 212(c) (8 U.S.C. 1182(c)) is amended by adding at the end
the following: "The first sentence of this subsection shall not apply to an alien
who has been convicted of an aggravated felony and has served a term of imprisonment
of at least 5 years.".
<< 8 USCA §

1182 NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to admissions
occurring after the date of the enactment of this Act.
SEC. 512. AUTHORIZATION OF ADDITIONAL IMMIGRATION JUDGES FOR DEPORTATION PROCEEDINGS
INVOLVING CRIMINAL ALIENS.
There are authorized to be appropriated in each of fiscal years 1991 through 1995
such sums as are necessary to provide for 20 additional immigration judges in the
Department of Justice, to be used to conduct proceedings under section 242A(d) of
the Immigration and Nationality Act (8 U.S.C. 1252a(d)).
SEC. 513. EFFECT OF FILING PETITION FOR REVIEW.

<< 8 USCA §

1105a >>

(a) NO STAY UNLESS COURT ORDER.--Section 106(a)(3) (8 U.S.C. 1105a(a)(3)) is
amended by inserting before the semicolon at the end the following: "or unless the
alien is convicted of an aggravated felony, in which case the Service shall not stay
the deportation of the alien pending determination of the petition of the court
unless the court otherwise directs".

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1105a NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to petitions
to review filed more than 60 days after the date of the enactment of this Act.
<>SEC. 514. EXTENDING BAR ON REENTRY OF ALIENS CONVICTED OF
AGGRAVATED FELONIES.

<< 8 USCA §

1182 >>

(a) IN GENERAL.--Section 212(a)(17) (8 U.S.C. 1182(a)(17)) is amended by striking
"10 years" and inserting "20 years".
<< 8 USCA §

1182 NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to admissions
occurring on or after January 1, 1991.
SEC. 515. ASYLUM IN THE CASE OF ALIENS CONVICTED OF AGGRAVATED FELONIES.

<< 8 USCA §

1158 >>

(a) IN GENERAL.--(1) Section 208 (8 U.S.C. 1158) is amended by adding at the end
the following new subsection:
"(d) An alien who has been convicted of an aggravated felony, notwithstanding
subsection (a), may not apply for or be granted asylum.".
<< 8 USCA §

1253 >>

(2) Section 243(h)(2) (8 U.S.C. 1253(h)(2)) is amended by adding at the end the
following:
"For purposes of subparagraph (B), an alien who has been convicted of an aggravated
felony shall be considered to have committed a particularly serious crime.".
<< 8 USCA §

1158 NOTE >>

(b) EFFECTIVE DATES.-(1) The amendment made by subsection (a)(1) shall apply to applications for asylum
made on or after the date of the enactment of this Act.

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(2) The amendment made by subsection (a)(1) shall take effect on the date of the
enactment of this Act and shall apply to convictions entered before, on, or after
the date of the enactment of this Act.
Subtitle B--Provision Relating to Employer Sanctions
SEC. 521. ELIMINATION OF PAPERWORK REQUIREMENT FOR RECRUITERS AND REFERRERS.

<< 8 USCA §

1324a >>

(a) IN GENERAL.--Section 274A(a)(1) (8 U.S.C. 1324a(a)(1)) is amended-(1) by striking "to hire, or to recruit or refer for a fee, for employment in the
United States",
(2) in subparagraph (A), by inserting after "(A)" the following: "to hire, or to
recruit or refer for a fee, for employment in the United States", and
(3) in subparagraph (B), by inserting after "(B)" the following:
"(i) to hire for employment in the United States an individual without complying
with the requirements of subsection (b) or (ii) if the person or entity is an
agricultural association, agricultural employer, or farm labor contractor (as
defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection
Act), to hire, or to recruit or refer for a fee, for employment in the United
States".
<< 8 USCA §

1324a NOTE >>

(b) EFFECTIVE DATE.--The amendments made by subsection (a) shall apply to
recruiting and referring occurring on or after the date of the enactment of this
Act.
<>Subtitle C--Provisions Relating to Anti-Discrimination
<< 8 USCA §

1324b >>

SEC. 531. DISSEMINATION OF INFORMATION CONCERNING ANTI-DISCRIMINATION PROTECTIONS
UNDER IRCA AND TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Section 274B (8 U.S.C. 1324b) is amended by adding at the end the following new
subsection:
"(1) DISSEMINATION OF INFORMATION CONCERNING ANTI-DISCRIMINATION PROVISIONS.-"(1) Not later than 3 months after the date of the enactment of this subsection,
the Special Counsel, in cooperation with the chairman of the Equal Employment
Opportunity Commission, the Secretary of Labor, and the Administrator of the Small
Business Administration, shall conduct a campaign to disseminate information
respecting the rights and remedies prescribed under this section and under title VII
of the Civil Rights Act of 1964 in connection with unfair immigration-related
employment practices. Such campaign shall be aimed at increasing the knowledge of
employers, employees, and the general public concerning employer and employee
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rights, responsibilities, and remedies under this section and such title.
"(2) In order to carry out the campaign under this subsection, the Special
Counsel-"(A) may, to the extent deemed appropriate and subject to the availability of
appropriations, contract with public and private organizations for outreach
activities under the campaign, and
"(B) shall consult with the Secretary of Labor, the chairman of the Equal
Employment Opportunity Commission, and the heads of such other agencies as may be
appropriate.
"(3) There are authorized to be appropriated to carry out this subsection
$10,000,000 for each fiscal year (beginning with fiscal year 1991).".
SEC. 532. INCLUSION OF CERTAIN SEASONAL AGRICULTURAL WORKERS WITHIN SCOPE OF ANTIDISCRIMINATION PROTECTIONS.

<< 8 USCA §

1324b >>

(a) IN GENERAL.--Section 274B(a)(3)(B)(i) (8 U.S.C. 1324b(a)(3)(B)(i)) is amended
by inserting "210(a), 210A(a), or" before "245A(a)(1)".
<< 8 USCA §

1324b NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to actions
occurring on or after the date of the enactment of this Act.
SEC. 533. ELIMINATION OF REQUIREMENT THAT ALIENS FILE A DECLARATION OF INTENDING TO
BECOME A CITIZEN IN ORDER TO FILE ANTI-DISCRIMINATION COMPLAINT.

<< 8 USCA §

1324b >>

(a) IN GENERAL.--Section 274B(a) (8 U.S.C. 1324b(a)) is amended-(1) in paragraph (1)(B), by striking "citizen or intending citizen" and inserting
"protected individual";
(2) in paragraph (3), by striking "CITIZEN OR INTENDING CITIZEN" and inserting
"PROTECTED INDIVIDUAL";
(3) in paragraph (3), by striking "citizen or intending citizen" and inserting
"protected individual"; and
(4) in paragraph (3)(B)-<>(A) by striking "is an alien" and all that follows through
"but does not" and inserting "is an alien who is lawfully admitted for permanent
residence, is granted the status of an alien lawfully admitted for temporary
residence under section 210(a), 210A(a), or 245A(a)(1), is admitted as a refugee
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but does not", and

(B) by striking "(I)" and "(II)" and inserting "(i)" and "(ii)", respectively.
<< 8 USCA §

1324b NOTE >>

(b) EFFECTIVE DATE.--The amendments made by subsection (a) shall apply to unfair
immigration-related employment practices occurring before, on, or after the date of
the enactment of this Act.
SEC. 534. ANTI-RETALIATION PROTECTIONS.

<< 8 USCA §

1324b >>

(a) CODIFICATION OF REGULATION.--Section 274B(a) (8 U.S.C. 1324b(a)) is amended by
adding at the end the following:
"(5) PROHIBITION OF INTIMIDATION OR RETALIATION.--It is also an unfair
immigration-related employment practice for a person or other entity to intimidate,
threaten, coerce, or retaliate against any individual for the purpose of interfering
with any right or privilege secured under this section or because the individual
intends to file or has filed a charge or a complaint, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing under this
section. An individual so intimidated, threatened, coerced, or retaliated against
shall be considered, for purposes of subsections (d) and (g), to have been
discriminated against.".
<< 8 USCA §

1324b NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to actions
occurring on or after the date of the enactment of this Act.
SEC. 535. TREATMENT OF CERTAIN ACTIONS AS DISCRIMINATION.

<< 8 USCA §

1324b >>

(a) DOCUMENTATION ABUSES.--Section 274B(a) (8 U.S.C. 1324b(a)), as amended by
section 534, is further amended by adding at the end the following new paragraph:
"(6) TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS EMPLOYMENT PRACTICES.--For
purposes of paragraph (1), a person's or other entity's request, for purposes of
satisfying the requirements of section 274A(b), for more or different documents than
are required under such section or refusing to honor documents tendered that on
their face reasonably appear to be genuine shall be treated as an unfair
immigration-related employment practice relating to the hiring of individuals.".

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1324b NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect on the
date of the enactment of this Act, but shall apply to actions occurring on or after
such date.
SEC. 536. CONFORMING CIVIL MONEY PENALTIES FOR ANTI-DISCRIMINATION VIOLATIONS TO
THOSE FOR EMPLOYER SANCTIONS.

<< 8 USCA §

1324b >>

(a) CIVIL MONEY PENALTIES.--Section 274B(g)(2)(B) (8 U.S.C. 1324b(g)(2)(B)) is
amended by amending clause (iv) to read as follows:
"(iv)(I) except as provided in subclauses (II) through (IV), to pay a civil
penalty of not less than $250 and not more than $2,000 for each individual
discriminated against,
"(II) except as provided in subclause (IV), in the case of a person or entity
previously subject to a single order <>under this paragraph, to
pay a civil penalty of not less than $2,000 and not more than $5,000 for each
individual discriminated against,
"(III) except as provided in subclause (IV), in the case of a person or entity
previously subject to more than one order under this paragraph, to pay a civil
penalty of not less than $3,000 and not more than $10,000 for each individual
discriminated against, and
"(IV) in the case of an unfair immigration-related employment practice described
in subsection (a)(6), to pay a civil penalty of not less than $100 and not more than
$1,000 for each individual discriminated against.".
<< 8 USCA §

1324b NOTE >>

(b) EFFECTIVE DATE.--The amendments made by this section shall apply to unfair
immigration-related employment practices occurring after the date of the enactment
of this Act.
SEC. 537. PERIOD FOR FILING OF COMPLAINTS.

<< 8 USCA §

1324b >>

(a) 120-DAY PERIOD.--Section 274B(d)(2) (8 U.S.C. 1324b(d)(2)) is amended-(1) by inserting "the Special Counsel shall notify the person making the charge of
the determination not to file such a complaint during such period and" after "120day period,",
(2) by inserting "within 90 days after the date of receipt of the notice" before
the period at the end, and
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(3) by adding at the end the following: "The Special Counsel's failure to file
such a complaint within such 120-day period shall not affect the right of the
Special Counsel to investigate the charge or to bring a complaint before an
administrative law judge during such 90-day period.".
<< 8 USCA §

1324b NOTE >>

(b) EFFECTIVE DATE.--The amendments made by subsection (a) shall apply to charges
received on or after the date of the enactment of this Act.
SEC. 538. SPECIAL COUNSEL ACCESS TO EMPLOYMENT ELIGIBILITY VERIFICATION FORMS.

<< 8 USCA §

1324a >>

(a) IN GENERAL.--Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amended by inserting
", the Special Counsel for Immigration-Related Unfair Employment Practices," after
"officers of the Service,".
<< 8 USCA §

1324a NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect on the
date of the enactment of this Act.
SEC. 539. ADDITIONAL RELIEF IN ORDERS.

<< 8 USCA §

1324b >>

(a) IN GENERAL.--Section 274B(g)(2)(B) (8 U.S.C. 1324b(g)(2)(B)) is amended-(1) by striking "and" at the end of clause (iii),
(2) by striking the period at the end of clause (iv)(II) and inserting a comma,
and
(3) by adding at the end the following:
"(v) to post notices to employees about their rights under this section and
employers' obligations under section 274A,
"(vi) to educate all personnel involved in hiring and complying with this section
or section 274A about the requirements of this section or such section,
"(vii) to order (in an appropriate case) the removal of a false performance
review or false warning from an employee's personnel file, and
<>"(viii) to order (in an appropriate case) the lifting of
any restrictions on an employee's assignments, work shifts, or movements.".

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1324b NOTE >>

(b) EFFECTIVE DATE.--The amendments made by subsection (a) shall apply to orders
with respect to unfair immigration-related employment practices occurring on or
after the date of the enactment of this Act.
Subtitle D--General Enforcement
SEC. 541. AUTHORIZING INCREASE BY 1,000 IN BORDER PATROL PERSONNEL.
There are authorized to be appropriated for fiscal year 1991 such additional sums
as may be necessary to provide for an increase of 1,000 in the authorized personnel
level of the border patrol of the Immigration and Naturalization Service, above the
authorized level of the patrol as of September 30, 1990.
SEC. 542. APPLICATION OF INCREASE IN PENALTIES TO ENHANCE ENFORCEMENT ACTIVITIES.

<< 8 USCA §

1330 >>

(a) IN GENERAL.--Section 280 (8 U.S.C. 1330) is amended-(1) by inserting "(a)" after "280.", and
(2) by adding at the end the following new subsection:
"(b) Notwithstanding section 3302 of title 31, United States Code, the increase in
penalties collected resulting from the amendments made by sections 203(b), 543(a),
and 544 of the Immigration Act of 1990 shall be credited to the appropriation-"(1) for the Immigration and Naturalization Service for activities that enhance
enforcement of provisions of this title, including-"(A) the identification, investigation, and apprehension of criminal aliens,
"(B) the implementation of the system described in section 242(a)(3)(A), and
"(C) for the repair, maintenance, or construction on the United States border, in
areas experiencing high levels of apprehensions of illegal aliens, of structures to
deter illegal entry into the United States; and
"(2) for the Executive Office for Immigration Review in the Department of Justice
for the purpose of removing the backlogs in the preparation of transcripts of
deportation proceedings conducted under section 242.".
<< 8 USCA §

1330 NOTE >>

(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall apply to fines and
penalties collected on or after January 1, 1991.
SEC. 543. INCREASE IN FINE LEVELS;

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(a) CIVIL PENALTIES.-<< 8 USCA §

1221 >>

(1) FAILURE TO DELIVER MANIFEST.--Section 231(d) (8 U.S.C. 1221(d)) is amended by
striking "collector of customs at the port of arrival or departure the sum of $10"
and inserting "Commissioner the sum of $300".
<< 8 USCA §

1227 >>

(2) FAILURE TO PROVIDE FOR DEPORTATION.--Section 237(b) (8 U.S.C. 1227(b)) is
amended by striking "district director of customs of the district in which port of
arrival is situated or in <>which any vessel or aircraft of the
line may be found, the sum of $300" and inserting "Commissioner the sum of $2,000".
<< 8 USCA §

1229 >>

(3) IMPROPER AIRCRAFT ENTRY.--Section 239 (8 U.S.C. 1229) is amended by striking
"$500" and inserting "$2,000".
<< 8 USCA §

1284 >>

(4) FAILURE TO CONTROL CREW.--Section 254(a) (8 U.S.C. 1284(a)) is amended-(A) in the first sentence, by striking "collector of customs of the customs
district in which the port of arrival is located or in which the failure to comply
with the orders of the officer occurs the sum of $1,000" and inserting "Commissioner
the sum of $3,000", and
(B) in the third sentence by striking "$200" and inserting "$500".
<< 8 USCA §

1285 >>

(5) EMPLOYMENT OF CERTAIN CREW.--Section 255 (8 U.S.C. 1285) is amended-(A) in the second sentence, by striking "collector of customs of the customs
district in which the port of arrival is located the sum of $50" and inserting
"Commissioner the sum of $1,000", and
(B) in the third sentence, by striking "collector of customs" and inserting
"Commissioner".
<< 8 USCA §

1286 >>

(6) IMPROPER DISCHARGE OF CREW.--Section 256 (8 U.S.C. 1286) is amended-(A) in the second sentence, by striking "collector of customs of the customs
district in which the violation occurred the sum of $1,000" and inserting
"Commissioner the sum of $3,000",

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(B) in the third sentence, by striking "collector of customs" and inserting
"Commissioner", and
(C) in the fourth sentence, by striking "$500" and inserting "$1,500".
<< 8 USCA §

1287 >>

(7) ASSISTING UNLAWFUL ENTRY OF CREW.--Section 257 (8 U.S.C. 1287) is amended by
striking $5,000" and inserting "$10,000".
<< 8 USCA §

1321 >>

(8) DUTY TO PREVENT UNAUTHORIZED ENTRIES.--Section 271(a) (8 U.S.C. 1321) is
amended by striking "$1,000" and inserting "$3,000".
<< 8 USCA §

1322 >>

(9) BRINGING IN CERTAIN ALIENS.--Section 272 (8 U.S.C. 1322) is amended-(A) in subsection (a)-(i) by striking "collector of customs of the customs district in which the place
of arrival is located" and inserting "Commissioner", and
(ii) by striking "$1,000" and inserting "$3,000";
(B) in subsection (b)-(i) by striking "collector of customs of the customs district in which the place
of arrival is located" and inserting "Commissioner", and
(ii) by striking "$250" and inserting "$3,000";

and

(C) in subsection (c), by striking "collector of customs" and inserting
"Commissioner".
<< 8 USCA §

1323 >>

(10) UNLAWFUL BRINGING OF ALIENS.--Section 273 (8 U.S.C. 1323) is amended-(A) in subsection (b), by striking "collector of customs of the customs district
in which the port of arrival is located the sum of $1,000" and inserting
"Commissioner the sum of $3,000", and
<>(B) in subsection (d)-(i) in the first sentence, by striking "collector of customs of the customs
district in which the port of arrival is located the sum of $1,000" and inserting
"Commissioner the sum of $3,000", and
(ii) in the second sentence, by striking "collector of customs" and inserting
"Commissioner".

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(b) CRIMINAL FINE LEVELS.-<< 8 USCA §

1282 >>

(1) CREW MEMBER OVERSTAYING.--Section 252(c) (8 U.S.C. 1282(c)) is amended by
striking "shall be guilty" and all that follows through "six months" and inserting
"shall be fined not more than $2,000 (or, if greater, the amount provided under
title 18, United States Code) or imprisoned not more than 6 months".
<< 8 USCA §

1325 >>

(2) CONCEALMENT OF ALIENS.--Section 275 (8 U.S.C. 1325) is amended-(A) by inserting "or attempts to enter" after "(1) enters",
(B) by inserting "attempts to enter or" after "or (3)", and
(C) by striking "shall, for the first commission", and all that follows through
"$1,000" and inserting "shall, for the first commission of any such offense, be
fined not more than $2,000 (or, if greater, the amount provided under title 18,
United States Code) or imprisoned not more than 6 months, or both, and, for a
subsequent commission of any such offense, be fined under title 18, United States
Code, or imprisoned not more than 2 years".
<< 8 USCA §

1326 >>

(3) UNLAWFUL REENTRY.--Section 276 (8 U.S.C. 1326) is amended by striking "shall
be guilty" and all that follows through "$1,000" and inserting "shall be fined under
title 18, United States Code, or imprisoned not more than 2 years".
<< 8 USCA §

1327 >>

(4) AIDING IN ENTRY OF SUBVERSIVES.--Section 277 (8 U.S.C. 1327) is amended by
striking "shall be guilty" and all that follows through "five years" and inserting
"shall be fined under title 18, United States Code, or imprisoned not more than 10
years".
<< 8 USCA §

1328 >>

(5) IMPORTING PROSTITUTES.--Section 278 (8 U.S.C. 1328) is amended by striking
"shall, in every" and all that follows through "ten years" and inserting "shall be
fined under title 18, United States Code, or imprisoned not more than 10 years, or
both".
<< 8 USCA § § 1221 NOTE, 1227 nt, 1229 nt, 1282 nt, 1284 nt, 1285 nt, 1286 nt,
1287 nt, 1321 nt, 1322 nt, 1323 nt, 1325 nt, 1326 nt, 1327 nt, 1328 nt >>
(c) EFFECTIVE DATES.--The amendments made by subsections (a) and (b) shall apply to

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actions taken after the date of the enactment of this Act.
SEC. 544. CIVIL PENALTIES FOR DOCUMENT FRAUD.

<< 8 USCA §

1324c >>

(a) DOCUMENT FRAUD.--Title II is amended by adding after section 274B the following
new section:
"PENALTIES FOR DOCUMENT FRAUD
"SEC. 274C. (a) ACTIVITIES PROHIBITED.--It is unlawful for any person or entity
knowingly-"(1) to forge, counterfeit, alter, or falsely make any document for the purpose of
satisfying a requirement of this Act,
"(2) to use, attempt to use, possess, obtain, accept, or receive any forged,
counterfeit, altered, or falsely made document in order to satisfy any requirement
of this Act,
<>"(3) to use or attempt to use any document lawfully issued
to a person other than the possessor (including a deceased individual) for the
purpose of satisfying a requirement of this Act, or
"(4) to accept or receive any document lawfully issued to a person other than the
possessor (including a deceased individual) for the purpose of complying with
section 274A(b).
"(b) EXCEPTION.--This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law enforcement agency of
the United States, a State, or a subdivision of a State, or of an intelligence
agency of the United States, or any activity authorized under title V of the
Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).
"(c) CONSTRUCTION.--Nothing in this section shall be construed to diminish or
qualify any of the penalties available for activities prohibited by this section but
proscribed as well in title 18, United States Code.
"(d) ENFORCEMENT.-"(1) AUTHORITY IN INVESTIGATIONS.--In conducting investigations and hearings under
this subsection-"(A) immigration officers and administrative law judges shall have reasonable
access to examine evidence of any person or entity being investigated, and
"(B) administrative law judges, may, if necessary, compel by subpoena the
attendance of witnesses and the production of evidence at any designated place or
hearing.
In case of contumacy or refusal to obey a subpoena lawfully issued under this
paragraph and upon application of the Attorney General, an appropriate district
court of the United States may issue an order requiring compliance with such
subpoena and any failure to obey such order may be punished by such court as a
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contempt thereof.
"(2) HEARING.-"(A) IN GENERAL.--Before imposing an order described in paragraph (3)
against a
person or entity under this subsection for a violation of subsection (a), the
Attorney General shall provide the person or entity with notice and, upon request
made within a reasonable time (of not less than 30 days, as established by the
Attorney General) of the date of the notice, a hearing respecting the violation.
"(B) CONDUCT OF HEARING.--Any hearing so requested shall be conducted before an
administrative law judge. The hearing shall be conducted in accordance with the
requirements of section 554 of title 5, United States Code. The hearing shall be
held at the nearest practicable place to the place where the person or entity
resides or of the place where the alleged violation occurred. If no hearing is so
requested, the Attorney General's imposition of the order shall constitute a final
and unappealable order.
"(C) ISSUANCE OF ORDERS.--If the administrative law judge determines, upon the
preponderance of the evidence received, that a person or entity has violated
subsection (a), the administrative law judge shall state his findings of fact and
issue and cause to be served on such person or entity an order described in
paragraph (3).
"(3) CEASE AND DESIST ORDER WITH CIVIL MONEY PENALTY.--With respect to a violation
of subsection (a), the order under this subsection shall require the person or
entity to cease and desist <>from such violations and to pay a
civil penalty in an amount of-"(A) not less than $250 and not more than $2,000 for each document used,
accepted, or created and each instance of use, acceptance, or creation, or
"(B) in the case of a person or entity previously subject to an order under this
paragraph, not less than $2,000 and not more than $5,000 for each document used,
accepted, or created and each instance of use, acceptance, or creation.
In applying this subsection in the case of a person or entity composed of distinct,
physically separate subdivisions each of which provides separately for the hiring,
recruiting, or referring for employment, without reference to the practices of, and
not under the control of or common control with, another subdivision, each such
subdivision shall be considered a separate person or entity.
"(4) ADMINISTRATIVE APPELLATE REVIEW.--The decision and order of an administrative
law judge shall become the final agency decision and order of the Attorney General
unless, within 30 days, the Attorney General modifies or vacates the decision and
order, in which case the decision and order of the Attorney General shall become a
final order under this subsection.
"(5) JUDICIAL REVIEW.--A person or entity adversely affected by a final order
under this section may, within 45 days after the date the final order is issued,
file a petition in the Court of Appeals for the appropriate circuit for review of
the order.
"(6) ENFORCEMENT OF ORDERS.--If a person or entity fails to comply with a final
order issued under this section against the person or entity, the Attorney General
shall file a suit to seek compliance with the order in any appropriate district
court of the United States. In any such suit, the validity and appropriateness of
the final order shall not be subject to review.".

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<< 8 USCA §

Page 101

1251 >>

(b) NEW GROUND OF DEPORTATION.--Section 241(a) (8 U.S.C. 1251(a)) is amended-(1) by striking "or" at the end of paragraph (19),
(2) by striking the period at the end of paragraph (20) and inserting
and

";

or",

(3) by adding at the end the following new paragraph:
"(21) is the subject of a final order for violation of section 274C.".
(c) CLERICAL AMENDMENT.--The table of contents is amended by inserting after the
item relating to section 274B the following new item:
"Sec. 274C. Penalties for document fraud.".
<< 8 USCA § §

1251 NOTE, 1324c nt >>

(c) EFFECTIVE DATE.--The amendments made by this section shall apply to persons or
entities that have committed violations on or after the date of the enactment of
this Act.
SEC. 545. DEPORTATION PROCEDURES; REQUIRED NOTICE OF DEPORTATION HEARING;
LIMITATION ON DISCRETIONARY RELIEF.

<< 8 USCA §

1252b >>

(a) IN GENERAL.--Chapter 5 of title II is amended by inserting after section 242A
the following new section:
"DEPORTATION PROCEDURES
"SEC. 242B.(a) NOTICES.-<>"(1) ORDER TO SHOW CAUSE.--In deportation proceedings
under section 242, written notice (in this section referred to as an 'order to show
cause') shall be given in person to the alien (or, if personal service is not
practicable, such notice shall be given by certified mail to the alien or to the
alien's counsel of record, if any) specifying the following:
"(A) The nature of the proceedings against the alien.
"(B) The legal authority under which the proceedings are conducted.
"(C) The acts or conduct alleged to be in violation of law.
"(D) The charges against the alien and the statutory provisions alleged to have
been violated.
"(E) The alien may be represented by counsel and, upon request, the alien will be
provided a list of counsel prepared under subsection (b)(2).
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"(F)(i) The requirement that the alien must immediately provide (or have
provided) the Attorney General with a written record of an address and telephone
number (if any) at which the alien may be contacted respecting proceedings under
section 242.
"(ii) The requirement that the alien must provide the Attorney General
immediately with a written record of any change of the alien's address or telephone
number.
"(iii) The consequences under subsection (c)(2) of failure to provide address and
telephone information pursuant to this subparagraph.
"(2) NOTICE OF TIME AND PLACE OF PROCEEDINGS.--In deportation proceedings under
section 242-"(A) written notice shall be given in person to the alien (or, if personal
service is not practicable, written notice shall be given by certified mail to the
alien or to the alien's counsel of record, if any), in the order to show cause or
otherwise, of-"(i) the time and place at which the proceedings will be held, and
"(ii) the consequences under subsection (c) of the failure to appear at such
proceedings; and
"(B) in the case of any change or postponement in the time and place of such
proceedings, written notice shall be given in person to the alien (or, if personal
service is not practicable, written notice shall be given by certified mail to the
alien or to the alien's counsel of record, if any) of-"(i) the new time or place of the proceedings, and
"(ii) the consequences under subsection (c) of failing, except under exceptional
circumstances, to attend such proceedings.
"(3) FORM OF INFORMATION.--Each order to show cause or other notice under this
subsection-"(A) shall be in English and Spanish, and
"(B) shall specify that the alien may be represented by an attorney in
deportation proceedings under section 242 and will be provided, in accordance with
subsection (b)(1), a period of time in order to obtain counsel and a current list
described in subsection (b)(2).
"(4) CENTRAL ADDRESS FILES.--The Attorney General shall create a system to record
and preserve on a timely basis notices <>of addresses and
telephone numbers (and changes) provided under paragraph (1)(F).
"(b) SECURING OF COUNSEL.-"(1) IN GENERAL.--In order that an alien be permitted the opportunity to secure
counsel before the first hearing date in proceedings under section 242, the hearing
date shall not be scheduled earlier than 14 days after the service of the order to
show cause.
"(2) CURRENT LISTS OF COUNSEL.--The Attorney General shall provide for lists
(updated not less often than quarterly) of persons who have indicated their
availability to represent aliens in proceedings under section 242.

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"(c) CONSEQUENCES OF FAILURE TO APPEAR.-"(1) IN GENERAL.--Any alien who, after written notice required under subsection
(a)(2) has been provided to the alien or the alien's counsel of record, except as
provided in paragraph (2), does not attend a proceeding under section 242, shall be
ordered deported under section 242(b)(1) in absentia if the Service establishes by
clear, unequivocal, and convincing evidence that, except as provided in paragraph
(2), the written notice was so provided and that the alien is deportable.
"(2) NO NOTICE IF FAILURE TO PROVIDE ADDRESS INFORMATION.--No written notice shall
be required under paragraph (1) if the alien has failed to provide the address
required under subsection (a)(1)(F). Such written notice shall be considered
sufficient if provided at the most recent address provided under such subsection.
"(3) RESCISSION OF ORDER.--Such an order may be rescinded only-"(A) upon a motion to reopen filed within 180 days after the date of the order of
deportation if the alien demonstrates that the failure to appear was because of
exceptional circumstances (as defined in subsection (f)(2)), or
"(B) upon a motion to reopen filed at any time if the alien demonstrates that the
alien did not receive notice in accordance with subsection (a)(2) or the alien
demonstrates that the alien was in Federal or State custody and did not appear
through no fault of the alien.
The filing of the motion to reopen described in subparagraph (A) or (B) shall stay
the deportation of the alien pending disposition of the motion.
"(4) EFFECT ON JUDICIAL REVIEW.--Any petition for review under section 106 of an
order entered in absentia under this subsection shall, notwithstanding such
section, be filed not later than 60 days after the date of the final order of
deportation and shall (except in cases described in section 106(a)(5)) be confined
to the issues of the validity of the notice provided to the alien, to the reasons
for the alien's not attending the proceeding, and to whether or not clear,
convincing, and unequivocal evidence of deportability has been established.
"(d) TREATMENT OF FRIVOLOUS BEHAVIOR.--The Attorney General shall, by regulation-"(1) define in a proceeding before a special inquiry officer or before an
appellate administrative body under this title, frivolous behavior for which
attorneys may be sanctioned,
<>"(2) specify the circumstances under which an
administrative appeal of a decision or ruling will be considered frivolous and will
be summarily dismissed, and
"(3) impose appropriate sanctions (which may include suspension and disbarment) in
the case of frivolous behavior.
Nothing in this subsection shall be construed as limiting the authority of the Board
to take actions with respect to inappropriate behavior.
"(e) LIMITATION ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR.-"(1) AT DEPORTATION PROCEEDINGS.--Any alien against whom a final order of
deportation is entered in absentia under this section and who, at the time of the
notice described in subsection (a)(2), was provided oral notice, either in the
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alien's native language or in another language the alien understands, of the time
and place of the proceedings and of the consequences under this paragraph of
failing, other than because of exceptional circumstances (as defined in subsection
(f)(2)) to attend a proceeding under section 242, shall not be eligible for relief
described in paragraph (5) for a period of 5 years after the date of the entry of
the final order of deportation.
"(2) VOLUNTARY DEPARTURE.-"(A) IN GENERAL.--Subject to subparagraph (B), any alien allowed to depart
voluntarily under section 244(e)(1) or who has agreed to depart voluntarily at his
own expense under section 242(b)(1) who remains in the United States after the
scheduled date of departure, other than because of exceptional circumstances, shall
not be eligible for relief described in paragraph (5) for a period of 5 years after
the scheduled date of departure or the date of unlawful reentry, respectively.
"(B) WRITTEN AND ORAL NOTICE REQUIRED.--Subparagraph (A) shall not apply to an
alien allowed to depart voluntarily unless, before such departure, the Attorney
General has provided written notice to the alien in English and
Spanish and oral
notice either in the alien's native language or in another language the alien
understands of the consequences under subparagraph (A) of the alien's remaining in
the United States after the scheduled date of departure, other than because of
exceptional circumstances.
"(3) FAILURE TO APPEAR UNDER DEPORTATION ORDER.-"(A) IN GENERAL.--Subject to subparagraph (B), any alien against whom a final
order of deportation is entered under this section and who fails, other than because
of exceptional circumstances, to appear for deportation at the time and place
ordered shall not be eligible for relief described in paragraph (5) for a period of
5 years after the date the alien was required to appear for deportation.
"(B) WRITTEN AND ORAL NOTICE REQUIRED.--Subparagraph (A) shall not apply to an
alien against whom a deportation order is entered unless the Attorney General has
provided, orally in the alien's native language or in another language the alien
understands and in the final order of deportation under this section of the
consequences under subparagraph (A) of the alien's failure, other than because of
exceptional circumstances, to appear for deportation at the time and place ordered.
<>"(4) FAILURE TO APPEAR FOR ASYLUM HEARING.-"(A) IN GENERAL.--Subject to subparagraph (B), any alien-"(i) whose period of authorized stay (if any) has expired through the passage of
time,
"(ii) who has filed an application for asylum, and
"(iii) who fails, other than because of exceptional circumstances, to appear at
the time and place specified for the asylum hearing,
shall not be eligible for relief described in paragraph (5) for a period of 5
years after the date of the asylum hearing.
"(B) WRITTEN AND ORAL NOTICE REQUIRED.--Subparagraph (A) shall not apply in the
case of an alien with respect to failure to be present at a hearing unless-"(i) written notice in English and Spanish, and oral notice either in the
alien's native language or in another language the alien understands, was provided

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to the alien of the time and place at which the asylum hearing will be held, and in
the case of any change or postponement in such time or place, written notice in
English and Spanish, and oral notice either in the alien's native language or in
another language the alien understands, was provided to the alien of the new time or
place of the hearing; and
"(ii) notices under clause (i) specified the consequences under subparagraph (A)
of failing, other than because of exceptional
circumstances, to attend such
hearing.
"(5) RELIEF COVERED.--The relief described in this paragraph is-"(A) relief under section 212(c),
"(B) voluntary departure under section 242(b)(1),
"(C) suspension of deportation or voluntary departure under section 244, and
"(D) adjustment or change of status under section 245, 248, or 249.
"(f) DEFINITIONS.--In this section:
"(1) The term 'certified mail' means certified mail, return receipt requested.
"(2) The term 'exceptional circumstances' refers to exceptional circumstances
(such as serious illness of the alien or death of an immediate relative of the
alien, but not including less compelling circumstances) beyond the control of the
alien.".
<< 8 USCA §

1105a >>

(b) JUDICIAL REVIEW.--Section 106(a) (8 U.S.C. 1105a) is amended-(1) in paragraph (1), by striking "6 months" and inserting "90 days",
(2) by redesignating paragraphs (6) through (9) as paragraphs (7) through
respectively, and

(10),

(3) by inserting after paragraph (5) the following new paragraph:
"(6) whenever a petitioner seeks review of an order under this section, any review
sought with respect to a motion to reopen or reconsider such an order shall be
consolidated with the review of the order;".
(c) REPORT ON CONSOLIDATION OF REQUESTS FOR RELIEF.--The Attorney General shall
submit to the Congress by not later than 6 <>months after the
date of the enactment of this Act, a report on abuses associated with the failure of
aliens to consolidate requests for discretionary relief before immigration judges at
the first hearing on the merits. The Attorney General shall take into account
possible exceptions appropriate in the interest of justice and shall include in the
report such recommendations for changes in regulations or law as may be needed to
prevent such abuses.
<< 8 USCA §

1252 NOTE >>

(d) REGULATIONS ON MOTIONS TO REOPEN AND TO RECONSIDER AND ON ADMINISTRATIVE
APPEALS.--Within 6 months after the date of the enactment of this Act, the Attorney
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General shall issue regulations with respect to-(1) the period of time in which motions to reopen and to reconsider may be offered
in deportation proceedings, which regulations include a limitation on the number of
such motions that may be filed and a maximum time period for the filing of such
motions; and
(2) the time period for the filing of administrative appeals in deportation
proceedings and for the filing of appellate and reply briefs, which regulations
include a limitation on the number of administrative appeals that may be made, a
maximum time period for the filing of such motions and briefs, the items to be
included in the notice of appeal, and the consolidation of motions to reopen or to
reconsider with the appeal of the order of deportation.
<< 8 USCA §

1252 >>

(e) CONFORMING AMENDMENT.--The 8th sentence of section 242(b) (8 U.S.C. 1252(b)) is
amended to read as follows: "Such regulations shall include requirements consistent
with section 242B.".
(f) CLERICAL AMENDMENT.--The table of contents is amended by inserting after the
item relating to section 242A the following new item:
"Sec. 242B. Deportation procedures.".
<< 8 USCA § §

1105a nt, 1252b NOTE >>

(g) EFFECTIVE DATES.-(1) NOTICE-RELATED PROVISIONS.-(A) Subsections (a), (b), (c), and (e)(1) of section 242B of the Immigration and
Nationality Act (as inserted by the amendment made by subsection (a)), and the
amendment made by subsection (e), shall be effective on a date specified by the
Attorney General in the certification described in subparagraph (B), which date may
not be earlier than 6 months after the date of such certification.
(B) The Attorney General shall certify to the Congress when the central address
file system (described in section 242B(a)(4) of the Immigration and Nationality Act)
has been established.
(C) The Comptroller General shall submit to Congress, within 3 months after the
date of the Attorney General's certification under subparagraph (B), a report on the
adequacy of such system.
(2) CERTAIN LIMITS ON DISCRETIONARY RELIEF; SANCTIONS FOR FRIVOLOUS BEHAVIOR.-Subsections (d), (e)(2), and (e)(3) of section 242B of the Immigration and
Nationality Act (as inserted by the amendment made by subsection (a)) shall be
effective on the date of the enactment of this Act.
(3) LIMITS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR IN ASYLUM HEARING.-Subsection (e)(4) of section 242B of the Immigration and Nationality Act (as
inserted by the amendment <>made by subsection (a)) shall be
effective on February 1, 1991.
(4) CONSOLIDATION OF RELIEF IN JUDICIAL REVIEW.--The amendments made by subsection
(b) shall apply to final orders of deportation entered on or after January 1, 1991.
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TITLE VI--EXCLUSION AND DEPORTATION
SEC. 601. REVISION OF GROUNDS FOR EXCLUSION.

<< 8 USCA §

1182 >>

(a) REVISED GROUNDS FOR EXCLUSION.--Subsection (a) of section 212 (8 U.S.C. 1182)
is amended to read as follows:
"(a) CLASSES OF EXCLUDABLE ALIENS.--Except as otherwise provided in this Act, the
following describes classes of excludable aliens who are ineligible to receive visas
and who shall be excluded from admission into the United States:
"(1) HEALTH-RELATED GROUNDS.-"(A) IN GENERAL.--Any alien-"(i) who is determined (in accordance with regulations prescribed by the
Secretary of Health and Human Services) to have a communicable disease of public
health significance,
"(ii) who is determined (in accordance with regulations prescribed by the
Secretary of Health and Human Services in consultation with the Attorney General)-"(I) to have a physical or mental disorder and behavior associated with the
disorder that may pose, or has posed, a threat to the property, safety, or welfare
of the alien or others, or
"(II) to have had a physical or mental disorder and a history of behavior
associated with the disorder, which behavior has posed a threat to the property,
safety, or welfare of the alien or others and which behavior is likely to recur or
to lead to other harmful behavior,
"(iii) who is determined (in accordance with regulations prescribed by the
Secretary of Health and Human Services) to be a drug abuser or addict,
is excludable.
"(B) WAIVER AUTHORIZED.--For provision authorizing waiver of certain clauses of
subparagraph (A), see subsection (g).
"(2) CRIMINAL AND RELATED GROUNDS.-"(A) CONVICTION OF CERTAIN CRIMES.-"(i) IN GENERAL.--Except as provided in clause (ii), any alien convicted of, or
who admits having committed, or who admits committing acts which constitute the
essential elements of-"(I) a crime involving moral turpitude (other than a purely political
offense), or
"(II) a violation of (or a conspiracy to violate) any law or regulation of a
State, the United States, or a foreign country relating to a controlled substance
(as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)),
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<>is excludable.
"(ii) EXCEPTION.--Clause (i)(I) shall not apply to an alien who committed only
one crime if-"(I) the crime was committed when the alien was under 18 years of age, and the
crime was committed (and the alien released from any confinement to a prison or
correctional institution imposed for the crime) more than 5 years before the date of
application for a visa or other documentation and the date of application for
admission to the United States, or
"(II) the maximum penalty possible for the crime of which the alien was
convicted (or which the alien admits having committed or of which the acts that the
alien admits having committed constituted the essential elements) did not exceed
imprisonment for one year and, if the alien was convicted of such crime, the alien
was not sentenced to a term of imprisonment in excess of 6 months (regardless of the
extent to which the sentence was ultimately executed).
"(B) MULTIPLE CRIMINAL CONVICTIONS.--Any alien convicted of 2 or more offenses
(other than purely political offenses), regardless of whether the conviction was in
a single trial or whether the offenses arose from a single scheme of misconduct and
regardless of whether the offenses involved moral turpitude, for which the aggregate
sentences to confinement actually imposed were 5 years or more is excludable.
"(C) CONTROLLED SUBSTANCE TRAFFICKERS.--Any alien who the consular or immigration
officer knows or has reason to believe is or has been an illicit trafficker in any
such controlled substance or is or has been a knowing assister, abettor,
conspirator, or colluder with others in the illicit trafficking in any such
controlled substance, is excludable.
"(D) PROSTITUTION AND COMMERCIALIZED VICE.--Any alien who-"(i) is coming to the United States solely, principally, or incidentally to
engage in prostitution, or has engaged in prostitution within 10 years of
the
date of application for a visa, entry, or adjustment of status,
"(ii) directly or indirectly procures or attempts to procure, or (within 10
years of the date of application for a visa, entry, or adjustment of status)
procured or attempted to procure or to import, prostitutes or persons for the
purpose of prostitution, or receives or (within such 10-year period) received, in
whole or in part, the proceeds of prostitution, or
"(iii) is coming to the United States to engage in any other unlawful
commercialized vice, whether or not related to prostitution,
is excludable.
"(E) CERTAIN ALIENS INVOLVED IN SERIOUS CRIMINAL ACTIVITY WHO HAVE ASSERTED
IMMUNITY FROM PROSECUTION.--Any alien-<>"(i) who has committed in the United States at any time a
serious criminal offense (as defined in section 101(h)),
"(ii) for whom immunity from criminal jurisdiction was exercised with respect to
that offense,
"(iii) who as a consequence of the offense and exercise of immunity has departed
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from the United States, and
"(iv) who has not subsequently submitted fully to the jurisdiction of the court
in the United States having jurisdiction with respect to that offense,
is excludable.
"(F) WAIVER AUTHORIZED.--For provision authorizing waiver of certain subparagraphs
of this paragraph, see subsection (h).
"(3) SECURITY AND RELATED GROUNDS.-"(A) IN GENERAL.--Any alien who a consular officer or the Attorney General knows,
or has reasonable ground to believe, seeks to enter the United States to engage
solely, principally, or incidentally in-"(i) any activity to violate any law of the United States relating to espionage
or sabotage or to violate or evade any law prohibiting the export from the United
States of goods, technology, or sensitive information,
"(ii) any other unlawful activity, or
"(iii) any activity a purpose of which is the opposition to, or the control or
overthrow of, the Government of the United States by force, violence, or other
unlawful means,
is excludable.
"(B) TERRORIST ACTIVITIES.-"(i) IN GENERAL.--Any alien who-"(I) has engaged in a terrorist activity, or
"(II) a consular officer or the Attorney General knows, or has reasonable ground
to believe, is likely to engage after entry in any terrorist activity (as defined in
clause (iii)),
is excludable. An alien who is an officer, official, representative, or spokesman
of the Palestine Liberation Organization is considered, for purposes of this Act, to
be engaged in a terrorist activity.
"(ii) TERRORIST ACTIVITY DEFINED.--As used in this Act, the term 'terrorist
activity' means any activity which is unlawful under the laws of the place where it
is committed (or which, if committed in the United States, would be unlawful under
the laws of the United States or any State) and which involves any of the following:
"(I) The highjacking or sabotage of any conveyance (including an aircraft,
vessel, or vehicle).
"(II) The seizing or detaining, and threatening to kill, injure, or continue to
detain, another individual in order to compel a third person (including a
governmental organization) to do or abstain from doing any act as an explicit or
implicit condition for the release of the individual seized or detained.
<>"(III) A violent attack upon an internationally
protected person (as defined in section 1116(b)(4) of title 18, United States Code)
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or upon the liberty of such a person.
"(IV) An assassination.
"(V) The use of any-"(a) biological agent, chemical agent, or nuclear weapon or device, or
"(b) explosive or firearm (other than for mere personal monetary gain),
with intent to endanger, directly or indirectly, the safety of one or more
individuals or to cause substantial damage to property.
"(VI) A threat, attempt, or conspiracy to do any of the foregoing.
"(iii) ENGAGE IN TERRORIST ACTIVITY DEFINED.--As used in this Act, the term
'engage in terrorist activity' means to commit, in an individual capacity or as a
member of an organization, an act of terrorist activity or an act which the actor
knows, or reasonably should know, affords material support to any individual,
organization, or government in conducting a terrorist activity at any time,
including any of the following acts:
"(I) The preparation or planning of a terrorist activity.
"(II) The gathering of information on potential targets for terrorist activity.
"(III) The providing of any type of material support, including a safe
house,
transportation, communications, funds, false identification, weapons, explosives, or
training, to any individual the actor knows or has reason to believe has committed
or plans to commit an act of terrorist activity.
"(IV) The soliciting of funds or other things of value for terrorist activity or
for any terrorist organization.
"(V) The solicitation of any individual for membership in a terrorist
organization, terrorist government, or to engage in a terrorist activity.
"(C) FOREIGN POLICY.-"(i) IN GENERAL.--An alien whose entry or proposed activities in the United
States the Secretary of State has reasonable ground to believe would have
potentially serious adverse foreign policy consequences for the United States is
excludable.
"(ii) EXCEPTION FOR OFFICIALS.--An alien who is an official of a foreign
government or a purported government, or who is a candidate for election to a
foreign government office during the period immediately preceding the election for
that office, shall not be excludable or subject to restrictions or conditions on
entry into the United States under clause (i) solely because of the alien's past,
current, or expected beliefs, statements, or associations, if such beliefs,
statements, or associations would be lawful within the United States.
<>"(iii) EXCEPTION FOR OTHER ALIENS.--An alien, not
described in clause (ii), shall not be excludable or subject to restrictions or
conditions on entry into the United States under clause (i) because of the alien's
past, current, or expected beliefs, statements, or associations, if such beliefs,
statements, or associations would be lawful within the United States, unless the
Secretary of State personally determines that the alien's admission would compromise
a compelling United States foreign policy interest.

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"(iv) NOTIFICATION OF DETERMINATIONS.--If a determination is made under clause
(iii) with respect to an alien, the Secretary of State must notify on a timely basis
the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of
Representatives and of the Committees on the Judiciary and Foreign Relations of the
Senate of the identities of the alien and the reasons for the determination.
"(D) IMMIGRANT MEMBERSHIP IN TOTALITARIAN PARTY.-"(i) IN GENERAL.--Any immigrant who is or has been a member of or affiliated with
the Communist or any other totalitarian party (or subdivision or affiliate thereof),
domestic or foreign, is excludable.
"(ii) EXCEPTION FOR INVOLUNTARY MEMBERSHIP.--Clause (i) shall not apply to an
alien because of membership or affiliation if the alien establishes to the
satisfaction of the consular officer when applying for a visa (or to the
satisfaction of the Attorney General when applying for admission) that the
membership or affiliation is or was involuntary, or is or was solely when under 16
years of age, by operation of law, or for purposes of obtaining employment, food
rations, or other essentials of living and whether necessary for such purposes.
"(iii) EXCEPTION FOR PAST MEMBERSHIP.--Clause (i) shall not apply to an alien
because of membership or affiliation if the alien establishes to the satisfaction of
the consular officer when applying for a visa (or to the satisfaction of the
Attorney General when applying for admission) that-"(I) the membership or affiliation terminated at least-"(a) 2 years before the date of such application, or
"(b) 5 years before the date of such application, in the case of an alien
whose membership or affiliation was with the party controlling the government of a
foreign state that is a totalitarian dictatorship as of such date, and
"(II) the alien is not a threat to the security of the United States.
"(iv) EXCEPTION FOR CLOSE FAMILY MEMBERS.--The Attorney General may, in the
Attorney General's discretion, waive the application of clause (i) in the case of an
immigrant who is the parent, spouse, son, daughter, brother, or
sister of a
citizen of the United States or a spouse, son, or daughter of an alien lawfully
admitted <>for permanent residence for humanitarian purposes,
to assure family unity, or when it is otherwise in the public interest if the alien
is not a threat to the security of the United States.
"(E) PARTICIPANTS IN NAZI PERSECUTIONS OR GENOCIDE.-"(i) PARTICIPATION IN NAZI PERSECUTIONS.--Any alien who, during the period
beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or
in association with-"(I) the Nazi government of Germany,
"(II) any government in any area occupied by the military forces of the Nazi
government of Germany,
"(III) any government established with the assistance or cooperation of the
Nazi government of Germany, or
"(IV) any government which was an ally of the Nazi government of Germany,

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ordered, incited, assisted, or otherwise participated in the persecution of any
person because of race, religion, national origin, or political opinion is
excludable.
"(ii) PARTICIPATION IN GENOCIDE.--Any alien who has engaged in conduct that
is defined as genocide for purposes of the International Convention on the
Prevention and Punishment of Genocide is excludable.
"(4) PUBLIC CHARGE.--Any alien who, in the opinion of the consular officer at the
time of application for a visa, or in the opinion of the Attorney General at the
time of application for admission or adjustment of status, is likely at any time to
become a public charge is excludable.
"(5) LABOR CERTIFICATION AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS.-"(A) LABOR CERTIFICATION.-"(i) IN GENERAL.--Any alien who seeks to enter the United States for the purpose
of performing skilled or unskilled labor is excludable, unless the Secretary of
Labor has determined and certified to the Secretary of State and the Attorney
General that-"(I) there are not sufficient workers who are
equally qualified in the case of an alien described
the time of application for a visa and admission to
place where the alien is to perform such skilled or

able, willing, qualified (or
in clause (ii)) and available at
the United States and at the
unskilled labor, and

"(II) the employment of such alien will not adversely affect the wages and
working conditions of workers in the United States similarly employed.
"(ii) CERTAIN ALIENS SUBJECT TO SPECIAL RULE.--For purposes of clause
an alien described in this clause is an alien who--

(i)(I),

"(I) is a member of the teaching profession, or
"(II) has exceptional ability in the sciences or the arts.
"(B) UNQUALIFIED PHYSICIANS.--An alien who is a graduate of a medical school not
accredited by a body or bodies approved for the purpose by the Secretary of
Education <>(regardless of whether such school of medicine is
in the United States) and who is coming to the United States principally to perform
services as a member of the medical profession is excludable, unless the alien (i)
has passed parts I and II of the National Board of Medical Examiners Examination (or
an equivalent examination as determined by the Secretary of Health and Human
Services) and (ii) is competent in oral and written English. For purposes of the
previous sentence, an alien who is a graduate of a medical school shall be
considered to have passed parts I and II of the National Board of Medical Examiners
if the alien was fully and permanently licensed to practice medicine in a State on
January 9, 1978, and was practicing medicine in a State on that date.
"(C) APPLICATION OF GROUNDS.--The grounds for exclusion of aliens under
subparagraphs (A) and (B) shall apply to preference immigrant aliens described in
paragraph (3) or (6) of section 203(a) and to nonpreference immigrant aliens
described in section 203(a)(7).
"(6) ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.-"(A) ALIENS PREVIOUSLY DEPORTED.--Any alien who has been excluded from admission
and deported and who again seeks admission within one year of the date of such

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deportation is excludable, unless prior to the alien's reembarkation at a place
outside the United States or attempt to be admitted from foreign contiguous
territory the Attorney General has consented to the alien's reapplying for
admission.
"(B) CERTAIN ALIENS PREVIOUSLY REMOVED.--Any alien who-"(i) has been arrested and deported,
"(ii) has fallen into distress and has been removed pursuant to this or any
prior Act,
"(iii) has been removed as an alien enemy, or
"(iv) has been removed at Government expense in lieu of deportation pursuant to
section 242(b),
and who seeks admission within 5
(or within 20 years in the case of
excludable, unless before the date
place outside the United States or
territory the Attorney General has
for admission.

years of the date of such deportation or removal
an alien convicted of an aggravated felony) is
of the alien's embarkation or reembarkation at a
attempt to be admitted from foreign contiguous
consented to the alien's applying or reapplying

"(C) MISREPRESENTATION.-"(i) IN GENERAL.--Any alien who, by fraud or willfully misrepresenting a
material fact, seeks to procure (or has sought to procure or has procured) a visa,
other documentation, or entry into the United States or other benefit provided under
this Act is excludable.
"(ii) WAIVER AUTHORIZED.--For provision authorizing waiver of clause (i), see
subsection (i).
"(D) STOWAWAYS.--Any alien who is a stowaway is excludable.
"(E) SMUGGLERS.-"(i) IN GENERAL.--Any alien who at any time knowingly has encouraged, induced,
assisted, abetted, or <>aided any other alien to enter or to
try to enter the United States in violation of law is excludable.
"(ii) WAIVER AUTHORIZED.--For provision authorizing waiver of clause (i), see
subsection (d)(11).
"(F) SUBJECT OF CIVIL PENALTY.--An alien who is the subject of a final order for
violation of section 274C is excludable.
"(7) DOCUMENTATION REQUIREMENTS.-"(A) IMMIGRANTS.-"(i) IN GENERAL.--Except as otherwise specifically provided in this Act, any
immigrant at the time of application for admission-"(I) who is not in possession of a valid unexpired immigrant visa, reentry
permit, border crossing identification card, or other valid entry document required
by this Act, and a valid unexpired passport, or other suitable travel document, or
document of identity and nationality if such document is required under the

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regulations issued by the Attorney General under section 211(a), or
"(II) whose visa has been issued without compliance with the provisions of
section 203,
is excludable.
"(ii) WAIVER AUTHORIZED.--For provision authorizing waiver of clause (i), see
subsection (k).
"(B) NONIMMIGRANTS.-"(i) IN GENERAL.--Any nonimmigrant who-"(I) is not in possession of a passport valid for a minimum of six months from
the date of the expiration of the initial period of the alien's admission or
contemplated initial period of stay authorizing the alien to return to the country
from which the alien came or to proceed to and enter
some other country during
such period, or
"(II) is not in possession of a valid nonimmigrant visa or border crossing
identification card at the time of application for admission,
is excludable.
"(ii) GENERAL WAIVER AUTHORIZED.--For provision authorizing waiver of clause
(i), see subsection (d)(4).
"(iii) GUAM VISA WAIVER.--For provision authorizing waiver of clause (i) in the
case of visitors to Guam, see subsection (1).
"(iv) VISA WAIVER PILOT PROGRAM.--For authority to waive the requirement of
clause (i) under a pilot program, see section 217.
"(8) INELIGIBLE FOR CITIZENSHIP.-"(A) IN GENERAL.--Any immigrant who is permanently ineligible to citizenship is
excludable.
"(B) DRAFT EVADERS.--Any alien who has departed from or who has remained outside
the United States to avoid or evade training or service in the armed forces in time
of war or a period declared by the President to be a national emergency is
excludable, except that this subparagraph shall not apply to an alien who at the
time of such departure was a nonimmigrant and who is seeking to reenter the United
States as a nonimmigrant.
<>"(9) MISCELLANEOUS.-"(A) PRACTICING POLYGAMISTS.--Any immigrant who is coming to the United States to
practice polygamy is excludable.
"(B) GUARDIAN REQUIRED TO ACCOMPANY EXCLUDED ALIEN.--Any alien accompanying
another alien ordered to be excluded and deported and certified to be helpless from
sickness or mental or physical disability or infancy pursuant to section 237(e),
whose protection or guardianship is required by the alien ordered excluded and
deported, is excludable.
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"(i) IN GENERAL.--Except as provided in clause (ii), any alien who, after entry
of a court order granting custody to a citizen of the United States of a child
having a lawful claim to United States citizenship, detains, retains, or withholds
custody of the child outside the United States from the United States citizen
granted custody, is excludable until the child is surrendered to such United States
citizen.
"(ii) EXCEPTION.--Clause (i) shall not apply to an alien who is a national of a
foreign state that is a signatory to the Hague Convention on the Civil Aspects of
International Child Abduction.".
(b) NOTICE OF GROUNDS FOR EXCLUSION.--Such section is amended by striking
subsection (b) and inserting the following new subsection:
"(b) NOTICES OF DENIALS.--If an alien's application for a visa, for admission to
the United States, or for adjustment of status is denied by an immigration or
consular officer because the officer determines the alien to be excludable under
subsection (a), the officer shall provide the alien with a timely written notice
that-"(1) states the determination, and
"(2) lists the specific provision or provisions of law under which the alien is
excludable or ineligible for entry or adjustment of status.".
<< 8 USCA §

1182 NOTE >>

(c) REVIEW OF EXCLUSION LISTS.--The Attorney General and the Secretary of State
shall develop protocols and guidelines for updating lookout books and the automated
visa lookout system and similar mechanisms for the screening of aliens applying for
visas for admission, or for admission, to the United States. Such protocols and
guidelines shall be developed in a manner that ensures that in the case of an alien(1) whose name is in such system, and
(2) who either (A) applies for entry after the effective date of the amendments
made by this section, or (B) requests (in writing to a local consular office after
such date) a review, without seeking admission, of the alien's continued
excludability under the Immigration and Nationality Act,
if the alien is no longer excludable because of an amendment made by this section
the alien's name shall be removed from such books and system and the alien shall be
informed of such removal and if the alien continues to be excludable the alien shall
be informed of such determination.
<< 8 USCA §

1182 >>

(d) CONFORMING AMENDMENTS TO SECTION 212.-(1) Subsection (c) of section 212 (8 U.S.C. 1182) is amended by striking
"paragraph (1) through (25) and paragraphs (30) and <> (31) of
subsection (a)" and inserting "subsection (a) (other than subparagraphs (A), (B),
(C), or (E) of paragraph (3))".

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(2) Subsection (d) of such section is amended-(A) by striking paragraphs (1), (2), (6), (9), and (10);
(B) in paragraph (3)-(i) by striking "under one or more of the paragraphs enumerated in subsection
(a) (other than paragraphs (27), (29), and (33))" and inserting
"under subsection
(a) (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)" each
place it appears, and
(ii) by adding at the end the following new sentence: "The Attorney General
shall prescribe conditions, including exaction of such bonds as may be necessary, to
control and regulate the admission and return of excludable aliens applying for
temporary admission under this paragraph.";
(C) in paragraph (4), by striking "(26)" and inserting "(7)(B)(i)";
(D) in paragraph (7), by striking "of this section, except paragraphs (20),
(21), and (26)," and inserting "(other than paragraph (7))";
(E) in paragraph (8), by striking "(26), (27), and (29)" and inserting "(3)
(3)(B), (3)(C), and (7)(B)"; and

(A),

(F) by adding at the end the following new paragraph:
"(11) The Attorney General may, in his discretion for humanitarian purposes, to
assure family unity, or when it is otherwise in the public interest, waive
application of clause (i) of subsection (a)(6)(E) in the case of any alien lawfully
admitted for permanent residence who temporarily proceeded abroad voluntary and not
under an order of deportation, and who is otherwise admissible to the United States
as a returning resident under section 211(b) if the alien has encouraged, induced,
assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and
no other individual) to enter the United States in violation of law.".
(3) Subsection (g) of such section is amended to read as follows:
"(g) The Attorney General may waive the application of-"(1) section (a)(1)(A)(i) in the case of any alien who-"(A) is the spouse or the unmarried son or daughter, or the minor unmarried
lawfully adopted child, of a United States citizen, or of an alien lawfully admitted
for permanent residence, or of an alien who has been issued an immigrant visa, or
"(B) has a son or daughter who is a United States citizen, or an alien lawfully
admitted for permanent residence, or an alien who has been issued an immigrant visa,
or
"(2) subsection (a)(1)(A)(ii) in the case of any alien,
in accordance with such terms, conditions, and controls, if any, including the
giving of bond, as the Attorney General, in his discretion after consultation with
the Secretary of Health and Human Services, may by regulation prescribe.".
(4) Subsection (h) of such section is amended to read as follows:
"(h) The Attorney General may, in his discretion, waive the application of
subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph

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(A)(i)(II) of such subsection insofar as it relates to a single offense of simple
possession of 30 grams or less of <> marijuana in the case of
an immigrant who is the spouse, parent, son, or daughter of a citizen of the United
States or alien lawfully admitted for permanent residence if-"(1) it is established to the satisfaction of the Attorney General that-"(A) the alien is excludable only under subparagraph (D)(i) or (D)(ii) of such
subsection or the activities for which the alien is excludable occurred more than 15
years before the date of the alien's application for a visa, entry, or adjustment of
status, and
"(B) the admission to the United States of such alien would not be contrary to
the national welfare, safety, or security of the United States, and
"(C) the alien has been rehabilitated;

and

"(2) the Attorney General, in his discretion, and pursuant to such terms,
conditions and procedures as he may by regulations prescribe, has consented to the
alien's applying or reapplying for a visa, for admission to the United States, or
adjustment of status.
No waiver shall be provided under this subsection in the case of an alien who has
been convicted of (or who has admitted committing acts that constitute) murder or
criminal acts involving torture.".
(5) Subsection (i) of such section is amended to read as follows:
"(i) The Attorney General may, in his discretion, waive application of clause (i)
of subsection (a)(6)(C)-"(1) in the case of an alien who is the spouse, parent, or son or daughter of a
United States citizen or of an alien lawfully admitted for permanent residence, or
"(2) if the fraud or misrepresentation occurred at least 10 years before the date
of the alien's application for a visa, entry, or adjustment of status and it is
established to the satisfaction of the Attorney General that the admission to the
United States of such alien would not be contrary to the national welfare, safety,
or security of the United States.".
(6) Subsection (k) of such section is amended by striking "paragraph (14),
or (21)" and inserting "paragraph (5)(A) or (7)(A)(i)".

(20),

(7) Subsection (l) of such section is amended by striking "paragraph (26)(B)" and
inserting "paragraph (7)(B)(i)".
<< 8 USCA § 1101 NOTE, 1102 nt, 1153 nt, 1157 nt, 1159 nt, 1160 nt, 1161 nt,
1181 nt, 1182 nt, 1183 nt, 1201 nt, 1224 nt, 1225 nt, 1226 nt, 1254a nt, 1255a
nt, 1259 nt, 1322 nt, 1327 nt >>
<< 22 USCA §

2691 nt >>

(e) EFFECTIVE DATE.--(1) Except as provided in paragraph (2), the amendments made
by this section and by section 603(a) of this Act shall apply to individuals
entering the United States on or after June 1, 1991.
(2) The amendments made by paragraphs (5) and (13) of section 603(a) shall apply to
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applications for adjustment of status made on or after June 1, 1991.
SEC. 602. REVISION OF GROUNDS FOR DEPORTATION.

<< 8 USCA §

1251 >>

(a) REVISED GROUNDS FOR DEPORTATION.--Subsection (a) of section 241 (8 U.S.C. 1251)
is amended to read as follows:
"(a) CLASSES OF DEPORTABLE ALIENS.--Any alien (including an alien crewman) in the
United States shall, upon the order of the Attorney General, be deported if the
alien is deportable as being within one or more of the following classes of aliens:
"(1) EXCLUDABLE AT TIME OF ENTRY OR OF ADJUSTMENT OF STATUS OR VIOLATES

STATUS.--

<>"(A) EXCLUDABLE ALIENS.--Any alien who at the time of
entry or adjustment of status was within one or more of the classes of aliens
excludable by the law existing at such time is deportable.
"(B) ENTERED WITHOUT INSPECTION.--Any alien who entered the United States without
inspection or at any time or place other than as designated by the Attorney General
or is in the United States in violation of this Act or any other law of the United
States is deportable.
"(C) VIOLATED NONIMMIGRANT STATUS OR CONDITION OF ENTRY.-"(i) NONIMMIGRANT STATUS VIOLATORS.--Any alien who was admitted as a
nonimmigrant and who has failed to maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under section 248, or to comply with
the conditions of any such status, is deportable.
"(ii) VIOLATORS OF CONDITIONS OF ENTRY.--Any alien whom the Secretary of Health
and Human Services certifies has failed to comply with terms, conditions, and
controls that were imposed under section 212(g) is deportable.
"(D) TERMINATION OF CONDITIONAL PERMANENT RESIDENCE.-"(i) IN GENERAL.--Any alien with permanent resident status on a conditional
basis under section 216 (relating to conditional permanent resident status
for
certain alien spouses and sons and daughters) or under section 216A (relating to
conditional permanent resident status for certain alien entrepreneurs, spouses, and
children) who has had such status terminated under such section is deportable.
"(ii) EXCEPTION.--Clause (i) shall not apply in the cases described in section
216(c)(4) (relating to certain hardship waivers).
"(E) SMUGGLING.-"(i) IN GENERAL.--Any alien who (prior to the date of entry, at the time of
entry, or within 5 years of the date of entry) knowingly has encouraged, induced,
assisted, abetted, or aided any other alien to enter or to try to enter the United
States in violation of law is deportable.
"(ii) WAIVER AUTHORIZED.--The Attorney General may, in his discretion for
humanitarian purposes, to assure family unity, or when it is otherwise in the public
interest, waive application of clause (i) in the case of any alien lawfully admitted
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for permanent residence if the alien has encouraged, induced, assisted, abetted, or
aided only the alien's spouse, parent, son, or daughter (and no other individual) to
enter the United States in violation of law.
"(F) FAILURE TO MAINTAIN EMPLOYMENT.--Any alien who obtains the status of an
alien lawfully admitted for temporary residence under section 210A who fails
to
meet the requirement of section 210A(d)(5)(A) by the end of the applicable period is
deportable.
<>"(G) MARRIAGE FRAUD.--An alien shall be considered to be
deportable as having procured a visa or other documentation by fraud (within the
meaning of section 212(a)(5)(C)(i)) and to be in the United States in violation of
this Act (within the meaning of subparagraph (B)) if-"(i) the alien obtains any entry into the United States with an immigrant visa
or other documentation procured on the basis of a marriage entered into less than 2
years prior to such entry of the alien and which, within 2 years subsequent to any
entry of the alien in the United States, shall be judicially annulled or terminated,
unless the alien establishes to the satisfaction of the Attorney General that such
marriage was not contracted for the purpose of evading any provisions of the
immigration laws, or
"(ii) it appears to the satisfaction of the Attorney General that the alien has
failed or refused to fulfill the alien's marital agreement which in the opinion of
the Attorney General was made for the purpose of procuring the alien's entry as an
immigrant.
"(H) WAIVER AUTHORIZED FOR CERTAIN MISREPRESENTATIONS.--The provisions of this
paragraph relating to the deportation of aliens within the United States on the
ground that they were excludable at the time of entry as aliens
described in
section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the
Attorney General, be waived for any alien (other than an alien described in
paragraph (6) or (7)) who-"(i) is the spouse, parent, son, or daughter of a citizen of the United States
or of an alien lawfully admitted to the United States for permanent residence; and
"(ii) was in possession of an immigrant visa or equivalent document and was
otherwise admissible to the United States at the time of such entry except for those
grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section
212(a) which were a direct result of that fraud or misrepresentation.
A waiver of deportation for fraud or misrepresentation granted under this
subparagraph shall also operate to waive deportation based on the grounds of
inadmissibility at entry directly resulting from such fraud or misrepresentation.
"(2) CRIMINAL OFFENSES.-"(A) GENERAL CRIMES.-"(i) CRIMES OF MORAL TURPITUDE.--Any alien who-"(I) is convicted of a crime involving moral turpitude committed within
five years after the date of entry, and
"(II) either is sentenced to confinement or is confined therefor in a prison
or correctional institution for one year or longer,

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is deportable.
"(ii) MULTIPLE CRIMINAL CONVICTIONS.--Any alien who at any time after entry is
convicted of two or more crimes involving moral turpitude, not arising out of a
single scheme of criminal misconduct, regardless of <>whether
confined therefor and regardless of whether the convictions were in a single trial,
is deportable.
"(iii) AGGRAVATED FELONY.--Any alien who is convicted of an aggravated felony at
any time after entry is deportable.
"(iv) WAIVER AUTHORIZED.--Clauses (i), (ii), and (iii) shall not apply in the
case of an alien with respect to a criminal conviction if the alien subsequent to
the criminal conviction has been granted a full and unconditional pardon by the
President of the United States or by the Governor of any of the several States.
"(B) CONTROLLED SUBSTANCES.-"(i) CONVICTION.--Any alien who at any time after entry has been convicted of a
violation of (or a conspiracy or attempt to violate) any law or
regulation of a
State, the United States, or a foreign country relating to a controlled substance
(as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other
than a single offense involving possession for one's own use of 30 grams or less of
marijuana, is deportable.
"(ii) DRUG ABUSERS AND ADDICTS.--Any alien who is, or at any time after entry
has been, a drug abuser or addict is deportable.
"(C) CERTAIN FIREARM OFFENSES.--Any alien who at any time after entry is
convicted under any law of purchasing, selling, offering for sale, exchanging,
using, owning, possessing, or carrying in violation of any law, any weapon, part, or
accessory which is a firearm or destructive device (as defined in section 921(a) of
title 18, United States Code) is deportable.
"(D) MISCELLANEOUS CRIMES.--Any alien who at any time has been convicted (the
judgment on such conviction becoming final) of, or has been so convicted of a
conspiracy to violate-"(i) any offense under chapter 37 (relating to espionage), chapter 105
(relating to sabotage), or chapter 115 (relating to treason and sedition) of title
18, United States Code, for which a term of imprisonment of five or more years may
be imposed;
"(ii) any offense under section 871 or 960 of title 18, United States Code;
"(iii) a violation of any provision of the Military Selective Service Act
(50
U.S.C.App. 451 et seq.) or the Trading With the Enemy Act (50 U.S.C.App. 1 et seq.);
or
"(iv) a violation of section 215 or 278 of this Act,
is deportable.
"(3) FAILURE TO REGISTER AND FALSIFICATION OF DOCUMENTS.-"(A) CHANGE OF ADDRESS.--An alien who has failed to comply with the provisions of
section 265 is deportable, unless the alien establishes to the satisfaction of the
Attorney General that such failure was reasonably excusable or was not willful.

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"(B) FAILURE TO REGISTER OR FALSIFICATION OF DOCUMENTS.--Any alien who at any
time has been convicted-"(i) under section 266(c) of this Act or under section 36(c) of the Alien
Registration Act, 1940,
<>"(ii) of a violation of, or a conspiracy to violate, any
provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or
"(iii) of a violation of, or a conspiracy to violate, section 1546 of title 18,
United States Code (relating to fraud and misuse of visas, permits, and other entry
documents),
is deportable.
"(4) SECURITY AND RELATED GROUNDS.-"(A) IN GENERAL.--Any alien who has engaged, is engaged, or at any time after
entry has engaged in-"(i) any activity to violate any law of the United States relating to espionage
or sabotage or to violate or evade any law prohibiting the export from the United
States of goods, technology, or sensitive information,
"(ii) any other criminal activity which endangers public safety or national
security, or
"(iii) any activity a purpose of which is the opposition to, or the control or
overthrow of, the Government of the United States by force, violence, or other
unlawful means,
is deportable.
"(B) TERRORIST ACTIVITIES.--Any alien who has engaged, is engaged, or at any time
after entry has engaged in any terrorist activity (as defined in section
212(a)(3)(B)(iii)) is deportable.
"(C) FOREIGN POLICY.-"(i) IN GENERAL.--An alien whose presence or activities in the United
States
the Secretary of State has reasonable ground to believe would have potentially
serious adverse foreign policy consequences for the United States is deportable.
"(ii) EXCEPTIONS.--The exceptions described in clauses (ii) and (iii) of section
212(a)(3)(C) shall apply to deportability under clause (i) in the same manner as
they apply to excluability under section 212(a)(3)(C)(i).
"(D) ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE.--Any alien described in
clause (i) or (ii) of section 212(a)(3)(E) is deportable.
"(5) PUBLIC CHARGE.--Any alien who, within five years after the date of entry, has
become a public charge from causes not affirmatively shown to have arisen since
entry is deportable.".
(b) CONFORMING AMENDMENTS TO SECTION 241.-(1) Subsections (b), (c), (f), and (g) of section 241 are repealed.

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(2) Subsection (e) of such section is amended-(A) by striking "subsection (a)(6) or (7) of this section" and inserting
"paragraph (4) of subsection (a)", and
(B) by redesignating such subsection as subsection (b)
<< 8 USCA §

1251 NOTE >>

(c) SAVINGS PROVISION.--Notwithstanding the amendments made by this section, any
alien who was deportable because of a conviction (before the date of the enactment
of this Act) of an offense referred to in paragraph (15), (16), (17), or (18) of
section 241(a) of the Immigration and Nationality Act, as in effect before the date
of the enactment of this Act, shall be considered to remain so deportable. Except
as otherwise specifically provided in such section and subsection (d), the
provisions of such section, as amended by this section, shall apply to all aliens
described in subsection (a) thereof notwithstanding <>that (1)
any such alien entered the United States before the date of the enactment of this
Act, or (2) the facts, by reason of which an alien is described in such subsection,
occurred before the date of the enactment of this Act.
<< 8 USCA § §

1161 NOTE, 1251 nt, 1252 nt, 1253 nt, 1254 nt >>
<< 42 USCA §

402 nt >>

(d) EFFECTIVE DATE.--The amendments made by this section, and by section 603(b) of
this Act, shall not apply to deportation proceedings for which notice has been
provided to the alien before March 1, 1991.
SEC. 603. CONFORMING AMENDMENTS.
(a) RELATING TO GROUNDS FOR EXCLUSION.-<< 8 USCA §

1101 >>

(1) Section 101 (8 U.S.C. 1101) is amended-(A) in subsection (f)(3), by striking "paragraphs (11), (12), and (31)" and
inserting "paragraphs (2)(D), (6)(E), and (9)(A)",
(B) in subsection (f)(3), by striking "paragraphs (9) and (10) of section 212(a)
and paragraph (23)" and inserting "subparagraphs (A) and (B) of section 212(a)(2)
and subparagraph (C) thereof", and
(C) in subsection (h), by striking "212(a)(34)" and inserting
<< 8 USCA §

"212(a)(2)(E)".

1102 >>

(2) Section 102 (8 U.S.C. 1102) is amended-(A) by striking "(27)" in paragraphs (1) and (2) and inserting "(3) (other
subparagraph (E))", and

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(B) by striking "paragraphs (27) and (29)" in paragraph (3) and inserting
"paragraph (3) (other than subparagraph (E))".
<< 8 USCA §

1153 >>

(3) Section 203(a)(7) (8 U.S.C. 1153(a)(7)) is amended by striking "section
212(a)(14)" and inserting "section 212(a)(5)".
<< 8 USCA § §

1157, 1159 >>

(4) Sections 207(c)(3) and 209(c) (8 U.S.C. 1157(c)(3), 1159(c)) are each amended(A) by striking "(14), (15), (20), (21), (25), and (32)" and inserting
(5), and (7)(A)", and

"(4),

(B) by striking "(other than paragraph" and all that follows through
"narcotics)" and inserting "(other than paragraph (2)(C) or subparagraphs (A), (B),
(C), or (E) of paragraph (3))".
<< 8 USCA §

1160 >>

(5) Section 210 (8 U.S.C. 1160) is amended-(A) in subsection (a)(3)(B)(i), by striking "212(a)(19)" and inserting
"212(a)(6)(C)(i)",
(B) in subsection (c)(2)(A), by striking "(14), (20), (21), (25), and (32)" and
inserting "(5) and (7)(A)",
(C) in subsection (c)(2)(B)(ii)(I), by striking "Paragraph (9) and (10)" and
inserting "Paragraphs (2)(A) and (2)(B)",
(D) in subsection (c)(2)(B)(ii)(II), by striking "(15)" and inserting "(4)",
(E) in subsection (c)(2)(B)(ii)(III), by striking "(23)" and inserting "(2)
(C)",
(F) in subsection (c)(2)(B)(ii)(IV), by striking "Paragraphs (27), (28), and (29)
(relating to national security and members of certain organizations)" and inserting
"Paragraph (3) (relating to security and related grounds), other than subparagraph
(E) thereof",
(G) in subsection (c)(2)(B)(ii), by striking subclause (V), and
(H) in subsection (c)(2)(C), by striking "212(a)(15)" and inserting
<< 8 USCA §

"212(a)(4)".

1161 >>

<>(6) Section 210A(e) (8 U.S.C. 1161(e)) is amended-(A) in paragraph (1), by striking "(14), (20), (21), (25), and (32)" and
inserting "(5) and (7)(A)",

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(B) in paragraph (2)(B)(i), by striking "Paragraphs (9) and (10)" and inserting
"Paragraphs (2)(A) and (2)(B)",
(C) in paragraph (2)(B)(ii), by striking "(23)" and inserting "(2)(C)",
(D) in paragraph (2)(B)(iii), by striking "(27), (28), and (29) (relating to
national security and members of certain organizations)" and inserting "and (3)
(relating to security grounds), other than subparagraph (E) thereof",
(E) in paragraph (2)(B)(iv), by striking "(33)" and inserting "(3)(D)", and
(F) in paragraph (2)(C), by striking "212(a)(15)" and inserting "212(a)(4)".
<< 8 USCA §

1181 >>

(7) Section 211(b) (8 U.S.C. 1181(b)) is amended by striking "212(a)(20)" and
inserting "212(a)(7)(A)".
<< 8 USCA §

1183 >>

(8) Section 213 (8 U.S.C. 1183) is amended-(A) by striking "(7) or (15)" and inserting "(4)", and
(B) by inserting before the period at the end the following:
whether a demand for payment of public expenses has been made".
<< 8 USCA §

", irrespective of

1201 >>

(9) Section 221(g) (8 U.S.C. 1201(g)) is amended by striking "212(a)(7), or
section 212(a)(15)" and inserting "212(a)(4)".
<< 8 USCA §

1224 >>

(10) Section 234 (8 U.S.C. 1224) is amended by striking "paragraphs (1),
(3), (4), or (5)" and inserting "paragraph (1)" each place it appears.
<< 8 USCA §

(2),

1225 >>

(11) Section 235 (8 U.S.C. 1225) is amended by striking "paragraph (27), (28), or
(29) of section 212(a)" and inserting "subparagraph (A) (other than clause (ii)),
(B), or (C) of section 212(a)(3)".
<< 8 USCA §

1226 >>

(12) Section 236(d) (8 U.S.C. 1226(d)) is amended-(A) by striking "is afflicted with a disease" and all that follows through "of
section 212(a)" and inserting "has a disease, illness, or addiction which would make

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the alien excludable under paragraph (1) of section 212(a)", and
(B) by striking the last sentence.
<< 8 USCA §

1255a >>

(13) Section 245A(d)(2) (8 U.S.C. 1255a(d)(2)) is amended-(A) in subparagraph (A), by striking "(14), (20), (21), (25), and (32)" and
inserting "(5) and (7)(A)",
(B) in subparagraph (B)(ii)(I), by striking "Paragraphs (9) and (10)" and
inserting "Paragraphs (2)(A) and (2)(B)",
(C) in subparagraph (B)(ii)(II), by striking "(15)" and inserting "(4)",
(D) in subparagraph (B)(ii)(III), by striking "(23)" and inserting "(2)(C)",
(E) in subparagraph (B)(ii)(IV), by striking "(27), (28), and (29) (relating
to
national security and members of certain organizations)" and inserting "(3)
(relating to security and related grounds), other than subparagraph (E) thereof",
(F) in subparagraph (B)(ii), by striking subclause (V),
(G) in subparagraph (B)(ii), by striking "212(a)(15)" and inserting
and

"212(a)(4)",

(H) in subparagraph (B)(iii), by striking "212(a)(15)" and inserting
"212(a)(4)".
<< 8 USCA §

1259 >>

(14) Section 249 (8 U.S.C. 1259) is amended by striking "212(a)(33)" and inserting
"212(a)(3)(E)".
<< 8 USCA §

1322 >>

(15) Section 272 (8 U.S.C. 1322)-<>(A) in subsection (a)-(i) by striking "(1) mentally retarded" and all that follows through "(6) a
narcotic drug addict" and inserting "excludable under section 212(a)(1)",
and
(ii) by striking "such disease or disability" and inserting "the excluding
condition";
(B) by striking subsection (b);
(C) by redesignating subsections (c) through (e) as subsections (b) through
respectively; and
(D) by striking "DISABILITY OR AFFLICTED WITH DISEASE" in the heading and
inserting "EXCLUSION ON A HEALTH-RELATED GROUND".

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<< 8 USCA §

Page 126

1327 >>

(16) Section 277 (8 U.S.C. 1327) is amended by striking "212(a)(9)" and all that
follows through "(29)" and inserting "212(a)(2) (insofar as an alien excludable
under such section has been convicted of an aggravated felony) or 212(a)(3) (other
than subparagraph (E) thereof)".
(17) The item in the table of contents relating to section 272 is amended to read
as follows:
"Sec. 272. Bringing in aliens subject to exclusion on a health-related ground.".
<< 22 USCA §

2691 >>

(18) Section 21 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2691) is repealed.
<< 8 USCA §

1182 NOTE >>

(19) Section 14 of Public Law 99-396 is repealed.
<< 8 USCA §

1101 NOTE >>

(20) Section 584(a)(2) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100202) is amended-(A) by striking "(14), (15), (20), (21), (25), and (32)" and inserting
(5), and (7)(A)", and

"(4),

(B) by striking "(other than paragraph" and all that follows through
"narcotics)" and inserting "(other than paragraph (2)(C) or subparagraph (A), (B),
(C), or (D) of paragraph (3))".
<< 8 USCA §

1182 NOTE >>

(21) Section 901 of the Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 (Public Law 100-204) is repealed.
<< 8 USCA §

1255 NOTE >>

(22) Section 599E of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended by striking "(14),
(15), (20), (21), (25), (28) (other than subparagraph (F)), and (32)" and inserting
"(4), (5), and (7)(A)".
<< 8 USCA §

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(23) Section 301(a)(1) of this Act is amended by striking "on a ground specified"
and all that follows through "of such Act)" and inserting "on a ground specified in
paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 241(a) of the Immigration and
Nationality Act (other than so much of section 241(a)(1)(A) of such Act as relates
to a ground of exclusion described in paragraph (2) or (3) of section 212(a) of such
Act)".
<< 8 USCA §

1254a >>

(24) Section 244A(c)(2)(A), as inserted by section 302 of this Act, is amended-(A) in clause (i), by striking "(14), (20), (21), (25), and (32)" and inserting
"(5) and (7)(A)";
(B) in clause (iii)(I), by striking "Paragraphs (9) and (10)" and inserting
"Paragraphs (2)(A) and (2)(B)";
(C) in clause (iii)(II), by striking "(23)" and inserting "(2)(C)" and by adding
"or" at the end;
(D) in clause (iii)(III), by striking "(27) and (29) (relating to national
security)" and inserting "(3) (relating to security <> and
related grounds)" and by striking "; or" at the end and inserting a period; and
(E) by striking subclause (IV) of clause (iii).
(b) RELATING TO GROUNDS FOR DEPORTATION.-<< 8 USCA §

1161 >>

(1) Section 210A(d)(5)(A) (8 U.S.C. 1161(d)(5)(A)) is amended by striking
"241(a)(20)" and inserting "241(a)(1)(F)".
<< 8 USCA §

1252 >>

(2) Section 242 (8 U.S.C. 1252) is amended-(A) in subsection (b), by striking "(4), (5), (6), (7), (11), (12), (14),
(16), (17), (18), or (19)" and inserting "(2), (3), or (4)", and

(15),

(B) in subsection (e), by striking "paragraph (4), (5), (6), (7), (11), (12),
(14), (15), (16), (17), (18), or (19)" and inserting "paragraph (2), (3) or (4)".
<< 8 USCA § §

1253, 1254 >>

(3) Sections 243(h)(1) and 244(a) (8 U.S.C. 1253(h)(1), 1254(a)) are each amended
by striking "241(a)(19)" and inserting "241(a)(4)(D)".
<< 8 USCA §

1254 >>

(4) Section 244 (8 U.S.C. 1254) is amended--

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(A) in subsection (a)(2), by striking "paragraph (4), (5), (6), (7), (11), (12),
(14), (15), (16), (17), or (18)" and inserting "paragraph (2), (3), or (4)", and
(B) in subsection (e)(1), by striking "(4), (5), (6), (7), (11), (12), (14),
(15), (16), (17), (18), or (19)" in paragraph (2) and inserting "(2), (3), or (4)".
<< 42 USCA §

402 >>

(5) Section 202(n) of the Social Security Act (42 U.S.C. 402(n)) is amended-(A) by striking "paragraph (1), (2), (4), (5), (6), (7), (10), (11), (12), (14),
(15), (16), (17), or (18) of section 241(a)" in paragraph (1) and inserting "under
section 241(a) (other than under paragraph (1)(C) or (1)(E) thereof)", and
(B) by striking "enumerated in paragraph (1) in this subsection" in paragraph (2)
and inserting "(other than under paragraph (1)(C) or (1)(E) thereof)".
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. BATTERED SPOUSE OR CHILD WAIVER OF THE CONDITIONAL RESIDENCE
REQUIREMENT.

<< 8 USCA §

1186a >>

(a) IN GENERAL.--Section 216(c)(4) (8 U.S.C. 1186a(c)(4)) is amended-(1) by striking "or" at the end of subparagraph (A);
(2) in subparagraph (B), by striking "by the alien spouse for good cause";
(3) in subparagraph (B), by striking the period at the end and inserting

", or";

(4) by inserting after subparagraph (B) the following new subparagraph:
"(C) the qualifying marriage was entered into in good faith by the alien spouse
and during the marriage the alien spouse or child was battered by or was the subject
of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident
parent and the alien was not at fault in failing to meet the requirements of
paragraph (1)."; and
(5) by adding at the end the following: "The Attorney General shall, by
regulation, establish measures to protect the confidentiality of information
concerning any abused alien spouse or <>child, including
information regarding the whereabouts of such spouse or child.".
<< 8 USCA §

1186a NOTE >>

(b) EFFECTIVE DATE.--The amendments made by subsection (a) shall apply with respect
to marriages entered into before, on, or after the date of the enactment of this
Act.
SEC. 702. BONA FIDE MARRIAGE EXCEPTION TO FOREIGN RESIDENCE REQUIREMENT FOR
MARRIAGES ENTERED INTO DURING CERTAIN IMMIGRATION PROCEEDINGS.
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<< 8 USCA §

Page 129

1255 >>

(a) IN GENERAL.--Section 245(e) (8 U.S.C. 1255(e)) is amended-(1) in paragraph (1), by striking "An alien" and inserting "Except as provided in
paragraph (3), an alien", and
(2) by adding at the end the following new paragraph:
"(3) Paragraph (1) and section 204(h) shall not apply with respect to a marriage if
the alien establishes by clear and convincing evidence to the satisfaction of the
Attorney General that the marriage was entered into in good faith and in accordance
with the laws of the place where the marriage took place and the marriage was not
entered into for the purpose of procuring the alien's entry as an immigrant and no
fee or other consideration was given (other than a fee or other consideration to an
attorney for assistance in preparation of a lawful petition) for the filing of a
petition under section 204(a) or 214(d) with respect to the alien spouse or alien
son or daughter. In accordance with regulations, there shall be only one level of
administrative appellate review for each alien under the previous sentence.".
<< 8 USCA §

1154 >>

(b) CONFORMING AMENDMENT--Section 204(h) (8 U.S.C. 1154(h)) is amended by inserting
"except as provided in section 245(e)(3)," after "Notwithstanding subsection (a),".
<< 8 USCA § §

1154 NOTE, 1255 nt >>

(c) EFFECTIVE DATE.--The amendments made by this section shall apply to marriages
entered into before, on, or after the date of the enactment of this Act.
<< 8 USCA §

1255a >>

SEC. 703. 1-YEAR EXTENSION OF DEADLINE FOR FILING APPLICATIONS FOR ADJUSTMENT FROM
TEMPORARY TO PERMANENT RESIDENCE FOR LEGALIZED ALIENS.
(a) IN GENERAL.--Section 245A(b) (8 U.S.C. 1255a(b)) is amended-(1) in paragraph (1)(A), by striking "one-year period" and inserting "2-year
period", and
(2) in paragraph (2)(C), by striking "thirty-first" and inserting "43rd".
(b) LATE FEE.--Section 245A(c)(7)(A) (8 U.S.C. 1255a(c)(7)(A)) is amended by adding
at the end the following: "The Attorney General shall provide for an additional fee
for filing an application for adjustment under subsection (b)(1) after the end of
the first year of the 2-year period described in subsection (b)(1)(A).".
<< 8 USCA §

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SEC. 704. COMMISSION ON AGRICULTURAL WORKERS.
(a) 1-YEAR EXTENSION.--Section 304 of the Immigration Reform and Control Act of
1986 (Public Law 99-603) is amended-(1) in subsection (c), by striking "five" and inserting "six", and
(2) in subsection (i), by striking "63" and inserting "75".
(b) STAFF.--Subsection (f) of such section is amended by striking "competitive
service" and inserting "and compensation and other conditions of service in the
civil service".
<< 8 USCA §

1101 NOTE >>

<>SEC. 705. IMMIGRATION EMERGENCY FUND.
(a) IN GENERAL.--Section 404(b) (8 U.S.C. 1101 note) is amended-(1) by inserting "(1)" after "(b)",
(2) by inserting "(for fiscal year 1991 and any subsequent fiscal year)" after
"appropriated",
(3) by striking "$35,000,000" and inserting "an amount sufficient to provide for a
balance of $35,000,000 in such fund",
(4) by inserting "to carry out paragraph (2) and" after "to be used", and
(5) by adding at the end the following new paragraph:
"(2)(A) Funds which are authorized to be appropriated by paragraph (1), subject to
the dollar limitation contained in subparagraph (B), shall be available, by
application for the reimbursement of States and localities providing assistance as
required by the Attorney General, to States and localities whenever-"(i) a district director of the Service certifies to the Commissioner that the
number of asylum applications filed in the respective district during a calendar
quarter exceeds by at least 1,000 the number of such applications filed in that
district during the preceding calendar quarter,
"(ii) the lives, property, safety, or welfare of the residents of a State or
locality are endangered, or
"(iii) in any other circumstances as determined by the Attorney General.
"(B) Not more than $20,000,000 shall be made available for all localities under
this paragraph.
"(C) For purposes of subparagraph (A), the requirement of paragraph (1) that an
immigration emergency be determined shall not apply.
"(D) A decision with respect to an application for reimbursement under subparagraph
(A) shall be made by the Attorney General within 15 days after the date of receipt
of the application.".
(b) EFFECTIVE DATE.--Section 404(b)(2)(A)(i) of the Immigration and Nationality
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Act, as added by the amendment made by subsection (a)(5), shall apply with respect
to increases in the number of asylum applications filed in a calendar quarter
beginning on or after January 1, 1989. The Attorney General may not spend any
amounts from the immigration emergency fund pursuant to the amendments made by
subsection (a) before October 1, 1991.
TITLE VIII--EDUCATION AND TRAINING
<< 29 USCA §

1506 >>

SEC. 801. EDUCATIONAL ASSISTANCE AND TRAINING.
(a) USE OF FUND.--The Secretary of Labor shall provide for grants to States to
provide educational assistance and training for United States workers. The
Secretary shall consult with the Secretary of Education in making grants under this
section.
(b) ALLOCATION OF FUNDS.--Within the purposes described in subsection (a), funds in
the account used under this section shall be allocated among the States based on a
formula, established jointly by the Secretaries of Labor and Education, that takes
into consideration-(1) the location of foreign workers admitted into the United States,
<>(2) the location of individuals in the United States
requiring and desiring the educational assistance and training for which the funds
can be applied, and
(3) the location of unemployed and underemployed United States workers.
(c) DISBURSEMENT TO STATES.-(1) Within the purposes and allocations established under this section,
disbursements shall be made to the States, in accordance with grant applications
submitted to and approved jointly by the Secretaries of Labor and Education, to be
applied in a manner consistent with the guidelines established by such Secretaries
in consultation with the States. In applying such grants, the States shall consider
providing funding to joint labor-management trust funds and other such non-profit
organizations which have demonstrated capability and experience in directly training
and educating workers.
(2) Not more than 5 percent of the funds disbursed to any State under this section
may be used for administrative expenses.
(d) LIMITATION ON FEDERAL OVERHEAD.--The Secretaries shall provide that not more
than 2 percent of the amount of funds disbursed to States under this section may be
used by the Federal Government in the administration of this section.
(e) ANNUAL REPORT.--The Secretary of Labor shall report annually to the Congress on
the grants to States provided under this section.
(f) STATE DEFINED.--In this section, the term "State" has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality Act.
Approved November 29, 1990
PL 101-649, 1990 S 358
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