
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-124]
[Document affected by Public Law 107-125 Section 1,]
[Document affected by Public Law 107-45 Section 1]
[CITE: 8USC1184]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
Part II--Admission Qualifications for Aliens; Travel Control of Citizens 
                               and Aliens
 
Sec. 1184. Admission of nonimmigrants


(a) Regulations

    (1) The admission to the United States of any alien as a 
nonimmigrant shall be for such time and under such conditions as the 
Attorney General may by regulations prescribe, including when he deems 
necessary the giving of a bond with sufficient surety in such sum and 
containing such conditions as the Attorney General shall prescribe, to 
insure that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any status 
subsequently acquired under section 1258 of this title, such alien will 
depart from the United States. No alien admitted to Guam without a visa 
pursuant to section 1182(l) of this title may be authorized to enter or 
stay in the United States other than in Guam or to remain in Guam for a 
period exceeding fifteen days from date of admission to Guam. No alien 
admitted to the United States without a visa pursuant to section 1187 of 
this title may be authorized to remain in the United States as a 
nonimmigrant visitor for a period exceeding 90 days from the date of 
admission.
    (2)(A) The period of authorized status as a nonimmigrant described 
in section 1101(a)(15)(O) of this title shall be for such period as the 
Attorney General may specify in order to provide for the event (or 
events) for which the nonimmigrant is admitted.
    (B) The period of authorized status as a nonimmigrant described in 
section 1101(a)(15)(P) of this title shall be for such period as the 
Attorney General may specify in order to provide for the competition, 
event, or performance for which the nonimmigrant is admitted. In the 
case of nonimmigrants admitted as individual athletes under section 
1101(a)(15)(P) of this title, the period of authorized status may be for 
an initial period (not to exceed 5 years) during which the nonimmigrant 
will perform as an athlete and such period may be extended by the 
Attorney General for an additional period of up to 5 years.

(b) Presumption of status; written waiver

    Every alien (other than a nonimmigrant described in subparagraph 
(H)(i), (L), or (V) of section 1101(a)(15) of this title) shall be 
presumed to be an immigrant until he establishes to the satisfaction of 
the consular officer, at the time of application for a visa, and the 
immigration officers, at the time of application for admission, that he 
is entitled to a nonimmigrant status under section 1101(a)(15) of this 
title. An alien who is an officer or employee of any foreign government 
or of any international organization entitled to enjoy privileges, 
exemptions, and immunities under the International Organizations 
Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the 
attendant, servant, employee, or member of the immediate family of any 
such alien shall not be entitled to apply for or receive an immigrant 
visa, or to enter the United States as an immigrant unless he executes a 
written waiver in the same form and substance as is prescribed by 
section 1257(b) of this title.

(c) Petition of importing employer; involvement of Departments of Labor 
        and Agriculture

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

    (3) The Attorney General shall approve a petition--
        (A) with respect to a nonimmigrant described in section 
    1101(a)(15)(O)(i) of this title only after consultation in 
    accordance with paragraph (6) or, with respect to aliens seeking 
    entry for a motion picture or television production, after 
    consultation with the appropriate union representing the alien's 
    occupational peers and a management organization in the area of the 
    alien's ability, or
        (B) with respect to a nonimmigrant described in section 
    1101(a)(15)(O)(ii) of this title after consultation in accordance 
    with paragraph (6) or, in the case of such an alien seeking entry 
    for a motion picture or television production, after consultation 
    with such a labor organization and a management organization in the 
    area of the alien's ability.

In the case of an alien seeking entry for a motion picture or television 
production, (i) any opinion under the previous sentence shall only be 
advisory, (ii) any such opinion that recommends denial must be in 
writing, (iii) in making the decision the Attorney General shall 
consider the exigencies and scheduling of the production, and (iv) the 
Attorney General shall append to the decision any such opinion. The 
Attorney General shall provide by regulation for the waiver of the 
consultation requirement under subparagraph (A) in the case of aliens 
who have been admitted as nonimmigrants under section 1101(a)(15)(O)(i) 
of this title because of extraordinary ability in the arts and who seek 
readmission to perform similar services within 2 years after the date of 
a consultation under such subparagraph. Not later than 5 days after the 
date such a waiver is provided, the Attorney General shall forward a 
copy of the petition and all supporting documentation to the national 
office of an appropriate labor organization.
    (4)(A) For purposes of section 1101(a)(15)(P)(i)(a) of this title, 
an alien is described in this subparagraph if the alien--
        (i) performs as an athlete, individually or as part of a group 
    or team, at an internationally recognized level of performance, and
        (ii) seeks to enter the United States temporarily and solely for 
    the purpose of performing as such an athlete with respect to a 
    specific athletic competition.

    (B)(i) For purposes of section 1101(a)(15)(P)(i)(b) of this title, 
an alien is described in this subparagraph if the alien--
        (I) performs with or is an integral and essential part of the 
    performance of an entertainment group that has (except as provided 
    in clause (ii)) been recognized internationally as being outstanding 
    in the discipline for a sustained and substantial period of time,
        (II) in the case of a performer or entertainer, except as 
    provided in clause (iii), has had a sustained and substantial 
    relationship with that group (ordinarily for at least one year) and 
    provides functions integral to the performance of the group, and
        (III) seeks to enter the United States temporarily and solely 
    for the purpose of performing as such a performer or entertainer or 
    as an integral and essential part of a performance.

    (ii) In the case of an entertainment group that is recognized 
nationally as being outstanding in its discipline for a sustained and 
substantial period of time, the Attorney General may, in consideration 
of special circumstances, waive the international recognition 
requirement of clause (i)(I).
    (iii)(I) The one-year relationship requirement of clause (i)(II) 
shall not apply to 25 percent of the performers and entertainers in a 
group.
    (II) The Attorney General may waive such one-year relationship 
requirement for an alien who because of illness or unanticipated and 
exigent circumstances replaces an essential member of the group and for 
an alien who augments the group by performing a critical role.
    (iv) The requirements of subclauses (I) and (II) of clause (i) shall 
not apply to alien circus personnel who perform as part of a circus or 
circus group or who constitute an integral and essential part of the 
performance of such circus or circus group, but only if such personnel 
are entering the United States to join a circus that has been recognized 
nationally as outstanding for a sustained and substantial period of time 
or as part of such a circus.
    (C) A person may petition the Attorney General for classification of 
an alien as a nonimmigrant under section 1101(a)(15)(P) of this title.
    (D) The Attorney General shall approve petitions under this 
subsection with respect to nonimmigrants described in clause (i) or 
(iii) of section 1101(a)(15)(P) of this title only after consultation in 
accordance with paragraph (6).
    (E) The Attorney General shall approve petitions under this 
subsection for nonimmigrants described in section 1101(a)(15)(P)(ii) of 
this title only after consultation with labor organizations representing 
artists and entertainers in the United States.
    (5)(A) In the case of an alien who is provided nonimmigrant status 
under section 1101(a)(15)(H)(i)(b) or 1101(a)(15)(H)(ii)(b) of this 
title and who is dismissed from employment by the employer before the 
end of the period of authorized admission, the employer shall be liable 
for the reasonable costs of return transportation of the alien abroad.
    (B) In the case of an alien who is admitted to the United States in 
nonimmigrant status under section 1101(a)(15)(O) or 1101(a)(15)(P) of 
this title and whose employment terminates for reasons other than 
voluntary resignation, the employer whose offer of employment formed the 
basis of such nonimmigrant status and the petitioner are jointly and 
severally liable for the reasonable cost of return transportation of the 
alien abroad. The petitioner shall provide assurance satisfactory to the 
Attorney General that the reasonable cost of that transportation will be 
provided.
    (6)(A)(i) To meet the consultation requirement of paragraph (3)(A) 
in the case of a petition for a nonimmigrant described in section 
1101(a)(15)(O)(i) of this title (other than with respect to aliens 
seeking entry for a motion picture or television production), the 
petitioner shall submit with the petition an advisory opinion from a 
peer group (or other person or persons of its choosing, which may 
include a labor organization) with expertise in the specific field 
involved.
    (ii) To meet the consultation requirement of paragraph (3)(B) in the 
case of a petition for a nonimmigrant described in section 
1101(a)(15)(O)(ii) of this title (other than with respect to aliens 
seeking entry for a motion picture or television production), the 
petitioner shall submit with the petition an advisory opinion from a 
labor organization with expertise in the skill area involved.
    (iii) To meet the consultation requirement of paragraph (4)(D) in 
the case of a petition for a nonimmigrant described in section 
1101(a)(15)(P)(i) or 1101(a)(15)(P)(iii) of this title, the petitioner 
shall submit with the petition an advisory opinion from a labor 
organization with expertise in the specific field of athletics or 
entertainment involved.
    (B) To meet the consultation requirements of subparagraph (A), 
unless the petitioner submits with the petition an advisory opinion from 
an appropriate labor organization, the Attorney General shall forward a 
copy of the petition and all supporting documentation to the national 
office of an appropriate labor organization within 5 days of the date of 
receipt of the petition. If there is a collective bargaining 
representative of an employer's employees in the occupational 
classification for which the alien is being sought, that representative 
shall be the appropriate labor organization.
    (C) In those cases in which a petitioner described in subparagraph 
(A) establishes that an appropriate peer group (including a labor 
organization) does not exist, the Attorney General shall adjudicate the 
petition without requiring an advisory opinion.
    (D) Any person or organization receiving a copy of a petition 
described in subparagraph (A) and supporting documents shall have no 
more than 15 days following the date of receipt of such documents within 
which to submit a written advisory opinion or comment or to provide a 
letter of no objection. Once the 15-day period has expired and the 
petitioner has had an opportunity, where appropriate, to supply rebuttal 
evidence, the Attorney General shall adjudicate such petition in no more 
than 14 days. The Attorney General may shorten any specified time period 
for emergency reasons if no unreasonable burden would be thus imposed on 
any participant in the process.
    (E)(i) The Attorney General shall establish by regulation expedited 
consultation procedures in the case of nonimmigrant artists or 
entertainers described in section 1101(a)(15)(O) or 1101(a)(15)(P) of 
this title to accommodate the exigencies and scheduling of a given 
production or event.
    (ii) The Attorney General shall establish by regulation expedited 
consultation procedures in the case of nonimmigrant athletes described 
in section 1101(a)(15)(O)(i) or 1101(a)(15)(P)(i) of this title in the 
case of emergency circumstances (including trades during a season).
    (F) No consultation required under this subsection by the Attorney 
General with a nongovernmental entity shall be construed as permitting 
the Attorney General to delegate any authority under this subsection to 
such an entity. The Attorney General shall give such weight to advisory 
opinions provided under this section as the Attorney General determines, 
in his sole discretion, to be appropriate.
    (7) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the determination and 
the reasons for the denial and of the process by which the petitioner 
may appeal the determination.
    (8) The Attorney General shall submit annually to the Committees on 
the Judiciary of the House of Representatives and of the Senate a report 
describing, with respect to petitions under each subcategory of 
subparagraphs (H), (O), (P), and (Q) of section 1101(a)(15) of this 
title the following:
        (A) The number of such petitions which have been filed.
        (B) The number of such petitions which have been approved and 
    the number of workers (by occupation) included in such approved 
    petitions.
        (C) The number of such petitions which have been denied and the 
    number of workers (by occupation) requested in such denied 
    petitions.
        (D) The number of such petitions which have been withdrawn.
        (E) The number of such petitions which are awaiting final 
    action.

    (9)(A) The Attorney General shall impose a fee on an employer 
(excluding any employer that is a primary or secondary education 
institution, an institution of higher education, as defined in section 
1001(a) of title 20, a nonprofit entity related to or affiliated with 
any such institution, a nonprofit entity which engages in established 
curriculum-related clinical training of students registered at any such 
institution, a nonprofit research organization, or a governmental 
research organization) filing before October 1, 2003 \1\ a petition 
under paragraph (1)--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a comma.
---------------------------------------------------------------------------
        (i) initially to grant an alien nonimmigrant status described in 
    section 1101(a)(15)(H)(i)(b) of this title;
        (ii) to extend the stay of an alien having such status (unless 
    the employer previously has obtained an extension for such alien); 
    or
        (iii) to obtain authorization for an alien having such status to 
    change employers.

    (B) The amount of the fee shall be $1,000 for each such petition.
    (C) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 1356(s) of this title.
    (10) An amended H-1B petition shall not be required where the 
petitioning employer is involved in a corporate restructuring, including 
but not limited to a merger, acquisition, or consolidation, where a new 
corporate entity succeeds to the interests and obligations of the 
original petitioning employer and where the terms and conditions of 
employment remain the same but for the identity of the petitioner.

(d) Issuance of visa to fiancee or fiance of citizen

    A visa shall not be issued under the provisions of section 
1101(a)(15)(K)(i) of this title until the consular officer has received 
a petition filed in the United States by the fiancee and fiance of the 
applying alien and approved by the Attorney General. The petition shall 
be in such form and contain such information as the Attorney General 
shall, by regulation, prescribe. It shall be approved only after 
satisfactory evidence is submitted by the petitioner to establish that 
the parties have previously met in person within 2 years before the date 
of filing the petition, have a bona fide intention to marry, and are 
legally able and actually willing to conclude a valid marriage in the 
United States within a period of ninety days after the alien's arrival, 
except that the Attorney General in his discretion may waive the 
requirement that the parties have previously met in person. In the event 
the marriage with the petitioner does not occur within three months 
after the admission of the said alien and minor children, they shall be 
required to depart from the United States and upon failure to do so 
shall be removed in accordance with sections 1229a and 1231 of this 
title.

(e) Nonimmigrant professionals and annual numerical limit

    (1) Notwithstanding any other provision of this chapter, an alien 
who is a citizen of Canada and seeks to enter the United States under 
and pursuant to the provisions of Annex 1502.1 (United States of 
America), Part C--Professionals, of the United States-Canada Free-Trade 
Agreement to engage in business activities at a professional level as 
provided for therein may be admitted for such purpose under regulations 
of the Attorney General promulgated after consultation with the 
Secretaries of State and Labor.
    (2) An alien who is a citizen of Canada or Mexico, and the spouse 
and children of any such alien if accompanying or following to join such 
alien, who seeks to enter the United States under and pursuant to the 
provisions of Section D of Annex 1603 of the North American Free Trade 
Agreement (in this subsection referred to as ``NAFTA'') to engage in 
business activities at a professional level as provided for in such 
Annex, may be admitted for such purpose under regulations of the 
Attorney General promulgated after consultation with the Secretaries of 
State and Labor. For purposes of this chapter, including the issuance of 
entry documents and the application of subsection (b) of this section, 
such alien shall be treated as if seeking classification, or 
classifiable, as a nonimmigrant under section 1101(a)(15) of this title. 
The admission of an alien who is a citizen of Mexico shall be subject to 
paragraphs (3), (4), and (5). For purposes of this paragraph and 
paragraphs (3), (4), and (5), the term ``citizen of Mexico'' means 
``citizen'' as defined in Annex 1608 of NAFTA.
    (3) The Attorney General shall establish an annual numerical limit 
on admissions under paragraph (2) of aliens who are citizens of Mexico, 
as set forth in Appendix 1603.D.4 of Annex 1603 of the NAFTA. Subject to 
paragraph (4), the annual numerical limit--
        (A) beginning with the second year that NAFTA is in force, may 
    be increased in accordance with the provisions of paragraph 5(a) of 
    Section D of such Annex, and
        (B) shall cease to apply as provided for in paragraph 3 of such 
    Appendix.

    (4) The annual numerical limit referred to in paragraph (3) may be 
increased or shall cease to apply (other than by operation of paragraph 
3 of such Appendix) only if--
        (A) the President has obtained advice regarding the proposed 
    action from the appropriate advisory committees established under 
    section 2155 of title 19;
        (B) the President has submitted a report to the Committee on the 
    Judiciary of the Senate and the Committee on the Judiciary of the 
    House of Representatives that sets forth--
            (i) the action proposed to be taken and the reasons 
        therefor, and
            (ii) the advice obtained under subparagraph (A);

        (C) a period of at least 60 calendar days that begins on the 
    first day on which the President has met the requirements of 
    subparagraphs (A) and (B) with respect to such action has expired; 
    and
        (D) the President has consulted with such committees regarding 
    the proposed action during the period referred to in subparagraph 
    (C).

    (5) During the period that the provisions of Appendix 1603.D.4 of 
Annex 1603 of the NAFTA apply, the entry of an alien who is a citizen of 
Mexico under and pursuant to the provisions of Section D of Annex 1603 
of NAFTA shall be subject to the attestation requirement of section 
1182(m) of this title, in the case of a registered nurse, or the 
application requirement of section 1182(n) of this title, in the case of 
all other professions set out in Appendix 1603.D.1 of Annex 1603 of 
NAFTA, and the petition requirement of subsection (c) of this section, 
to the extent and in the manner prescribed in regulations promulgated by 
the Secretary of Labor, with respect to sections 1182(m) and 1182(n) of 
this title, and the Attorney General, with respect to subsection (c) of 
this section.

(f) Denial of crewmember status in case of certain labor disputes

    (1) Except as provided in paragraph (3), no alien shall be entitled 
to nonimmigrant status described in section 1101(a)(15)(D) of this title 
if the alien intends to land for the purpose of performing service on 
board a vessel of the United States (as defined in section 2101(46) of 
title 46) or on an aircraft of an air carrier (as defined in section 
40102(a)(2) of title 49) during a labor dispute where there is a strike 
or lockout in the bargaining unit of the employer in which the alien 
intends to perform such service.
    (2) An alien described in paragraph (1)--
        (A) may not be paroled into the United States pursuant to 
    section 1182(d)(5) of this title unless the Attorney General 
    determines that the parole of such alien is necessary to protect the 
    national security of the United States; and
        (B) shall be considered not to be a bona fide crewman for 
    purposes of section 1282(b) of this title.

    (3) Paragraph (1) shall not apply to an alien if the air carrier or 
owner or operator of such vessel that employs the alien provides 
documentation that satisfies the Attorney General that the alien--
        (A) has been an employee of such employer for a period of not 
    less than 1 year preceding the date that a strike or lawful lockout 
    commenced;
        (B) has served as a qualified crewman for such employer at least 
    once in each of 3 months during the 12-month period preceding such 
    date; and
        (C) shall continue to provide the same services that such alien 
    provided as such a crewman.

(g) Temporary workers and trainees; limitation on numbers

    (1) The total number of aliens who may be issued visas or otherwise 
provided nonimmigrant status during any fiscal year (beginning with 
fiscal year 1992)--
        (A) under section 1101(a)(15)(H)(i)(b) of this title, may not 
    exceed--
            (i) 65,000 in each fiscal year before fiscal year 1999;
            (ii) 115,000 in fiscal year 1999;
            (iii) 115,000 in fiscal year 2000;
            (iv) 195,000 in fiscal year 2001;
            (v) 195,000 in fiscal year 2002;
            (vi) 195,000 in fiscal year 2003; and
            (vii) 65,000 in each succeeding fiscal year; or

        (B) under section 1101(a)(15)(H)(ii)(b) of this title may not 
    exceed 66,000.

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

    (6) Any alien who ceases to be employed by an employer described in 
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in 
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been 
counted toward the numerical limitations contained in paragraph (1)(A), 
be counted toward those limitations the first time the alien is employed 
by an employer other than one described in paragraph (5).
    (7) Any alien who has already been counted, within the 6 years prior 
to the approval of a petition described in subsection (c) of this 
section, toward the numerical limitations of paragraph (1)(A) shall not 
again be counted toward those limitations unless the alien would be 
eligible for a full 6 years of authorized admission at the time the 
petition is filed. Where multiple petitions are approved for 1 alien, 
that alien shall be counted only once.

(h) Intention to abandon foreign residence

    The fact that an alien is the beneficiary of an application for a 
preference status filed under section 1154 of this title or has 
otherwise sought permanent residence in the United States shall not 
constitute evidence of an intention to abandon a foreign residence for 
purposes of obtaining a visa as a nonimmigrant described in subparagraph 
(H)(i), (L), or (V) of section 1101(a)(15) of this title or otherwise 
obtaining or maintaining the status of a nonimmigrant described in such 
subparagraph, if the alien had obtained a change of status under section 
1258 of this title to a classification as such a nonimmigrant before the 
alien's most recent departure from the United States.

(i) ``Specialty occupation'' defined

    (1) For purposes of section 1101(a)(15)(H)(i)(b) of this title and 
paragraph (2), the term ``specialty occupation'' means an occupation 
that requires--
        (A) theoretical and practical application of a body of highly 
    specialized knowledge, and
        (B) attainment of a bachelor's or higher degree in the specific 
    specialty (or its equivalent) as a minimum for entry into the 
    occupation in the United States.

    (2) For purposes of section 1101(a)(15)(H)(i)(b) of this title, the 
requirements of this paragraph, with respect to a specialty occupation, 
are--
        (A) full state licensure to practice in the occupation, if such 
    licensure is required to practice in the occupation,
        (B) completion of the degree described in paragraph (1)(B) for 
    the occupation, or
        (C)(i) experience in the specialty equivalent to the completion 
    of such degree, and (ii) recognition of expertise in the specialty 
    through progressively responsible positions relating to the 
    specialty.

(j) Labor disputes

    Notwithstanding any other provision of this chapter, an alien who is 
a citizen of Canada or Mexico who seeks to enter the United States under 
and pursuant to the provisions of Section B, Section C, or Section D of 
Annex 1603 of the North American Free Trade Agreement, shall not be 
classified as a nonimmigrant under such provisions if there is in 
progress a strike or lockout in the course of a labor dispute in the 
occupational classification at the place or intended place of 
employment, unless such alien establishes, pursuant to regulations 
promulgated by the Attorney General, that the alien's entry will not 
affect adversely the settlement of the strike or lockout or the 
employment of any person who is involved in the strike or lockout. 
Notice of a determination under this subsection shall be given as may be 
required by paragraph 3 of article 1603 of such Agreement. For purposes 
of this subsection, the term ``citizen of Mexico'' means ``citizen'' as 
defined in Annex 1608 of such Agreement.

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

    (1) The number of aliens who may be provided a visa as nonimmigrants 
under section 1101(a)(15)(S)(i) of this title in any fiscal year may not 
exceed 200. The number of aliens who may be provided a visa as 
nonimmigrants under section 1101(a)(15)(S)(ii) of this title in any 
fiscal year may not exceed 50.
    (2) No alien may be admitted into the United States as such a 
nonimmigrant more than 7 years after September 13, 1994.
    (3) The period of admission of an alien as such a nonimmigrant may 
not exceed 3 years. Such period may not be extended by the Attorney 
General.
    (4) As a condition for the admission, and continued stay in lawful 
status, of such a nonimmigrant, the nonimmigrant--
        (A) shall report not less often than quarterly to the Attorney 
    General such information concerning the alien's whereabouts and 
    activities as the Attorney General may require;
        (B) may not be convicted of any criminal offense punishable by a 
    term of imprisonment of 1 year or more after the date of such 
    admission;
        (C) must have executed a form that waives the nonimmigrant's 
    right to contest, other than on the basis of an application for 
    withholding of removal, any action for removal of the alien 
    instituted before the alien obtains lawful permanent resident 
    status; and
        (D) shall abide by any other condition, limitation, or 
    restriction imposed by the Attorney General.

    (5) The Attorney General shall submit a report annually to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate concerning--
        (A) the number of such nonimmigrants admitted;
        (B) the number of successful criminal prosecutions or 
    investigations resulting from cooperation of such aliens;
        (C) the number of terrorist acts prevented or frustrated 
    resulting from cooperation of such aliens;
        (D) the number of such nonimmigrants whose admission or 
    cooperation has not resulted in successful criminal prosecution or 
    investigation or the prevention or frustration of a terrorist act; 
    and
        (E) the number of such nonimmigrants who have failed to report 
    quarterly (as required under paragraph (4)) or who have been 
    convicted of crimes in the United States after the date of their 
    admission as such a nonimmigrant.

(l) Restrictions on waiver

    (1) In the case of a request by an interested State agency, or by an 
interested Federal agency, for a waiver of the 2-year foreign residence 
requirement under section 1182(e) of this title on behalf of an alien 
described in clause (iii) of such section, the Attorney General shall 
not grant such waiver unless--
        (A) in the case of an alien who is otherwise contractually 
    obligated to return to a foreign country, the government of such 
    country furnishes the Director of the United States Information 
    Agency with a statement in writing that it has no objection to such 
    waiver;
        (B) in the case of a request by an interested State agency, the 
    grant of such waiver would not cause the number of waivers allotted 
    for that State for that fiscal year to exceed 20;
        (C) in the case of a request by an interested Federal agency or 
    by an interested State agency--
            (i) the alien demonstrates a bona fide offer of full-time 
        employment at a health facility or health care organization, 
        which employment has been determined by the Attorney General to 
        be in the public interest; and
            (ii) the alien agrees to begin employment with the health 
        facility or health care organization within 90 days of receiving 
        such waiver, and agrees to continue to work for a total of not 
        less than 3 years (unless the Attorney General determines that 
        extenuating circumstances exist, such as closure of the facility 
        or hardship to the alien, which would justify a lesser period of 
        employment at such health facility or health care organization, 
        in which case the alien must demonstrate another bona fide offer 
        of employment at a health facility or health care organization 
        for the remainder of such 3-year period); and

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

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

(m) \2\ Nonimmigrant elementary and secondary school students
---------------------------------------------------------------------------

    \2\ So in original. Two subsecs. (m) have been enacted.
---------------------------------------------------------------------------
    (1) An alien may not be accorded status as a nonimmigrant under 
section 1101(a)(15)(F)(i) of this title in order to pursue a course of 
study--
        (A) at a public elementary school or in a publicly funded adult 
    education program; or
        (B) at a public secondary school unless--
            (i) the aggregate period of such status at such a school 
        does not exceed 12 months with respect to any alien, and (ii) 
        the alien demonstrates that the alien has reimbursed the local 
        educational agency that administers the school for the full, 
        unsubsidized per capita cost of providing education at such 
        school for the period of the alien's attendance.

        (2) An alien who obtains the status of a nonimmigrant under 
    section 1101(a)(15)(F)(i) of this title in order to pursue a course 
    of study at a private elementary or secondary school or in a 
    language training program that is not publicly funded shall be 
    considered to have violated such status, and the alien's visa under 
    section 1101(a)(15)(F) of this title shall be void, if the alien 
    terminates or abandons such course of study at such a school and 
    undertakes a course of study at a public elementary school, in a 
    publicly funded adult education program, in a publicly funded adult 
    education language training program, or at a public secondary school 
    (unless the requirements of paragraph (1)(B) are met).

(m) \2\ Increased portability of H-1B status

    (1) A nonimmigrant alien described in paragraph (2) who was 
previously issued a visa or otherwise provided nonimmigrant status under 
section 1101(a)(15)(H)(i)(b) of this title is authorized to accept new 
employment upon the filing by the prospective employer of a new petition 
on behalf of such nonimmigrant as provided under subsection (a) of this 
section. Employment authorization shall continue for such alien until 
the new petition is adjudicated. If the new petition is denied, such 
authorization shall cease.
    (2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
        (A) who has been lawfully admitted into the United States;
        (B) on whose behalf an employer has filed a nonfrivolous 
    petition for new employment before the date of expiration of the 
    period of stay authorized by the Attorney General; and
        (C) who, subsequent to such lawful admission, has not been 
    employed without authorization in the United States before the 
    filing of such petition.

(n) Nonimmigrants guilty of trafficking in persons

    (1) No alien shall be eligible for admission to the United States 
under section 1101(a)(15)(T) of this title if there is substantial 
reason to believe that the alien has committed an act of a severe form 
of trafficking in persons (as defined in section 7102 of title 22).
    (2) The total number of aliens who may be issued visas or otherwise 
provided nonimmigrant status during any fiscal year under section 
1101(a)(15)(T) of this title may not exceed 5,000.
    (3) The numerical limitation of paragraph (2) shall only apply to 
principal aliens and not to the spouses, sons, daughters, or parents of 
such aliens.

(o) \3\ Requirements applicable to section 1101(a)(15)(U) visas
---------------------------------------------------------------------------

    \3\ So in original. Two subsecs. (o) have been enacted.
---------------------------------------------------------------------------

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

        The petition filed by an alien under section 1101(a)(15)(U)(i) 
    of this title shall contain a certification from a Federal, State, 
    or local law enforcement official, prosecutor, judge, or other 
    Federal, State, or local authority investigating criminal activity 
    described in section 1101(a)(15)(U)(iii) of this title. This 
    certification may also be provided by an official of the Service 
    whose ability to provide such certification is not limited to 
    information concerning immigration violations. This certification 
    shall state that the alien ``has been helpful, is being helpful, or 
    is likely to be helpful'' in the investigation or prosecution of 
    criminal activity described in section 1101(a)(15)(U)(iii) of this 
    title.

                      (2) Numerical limitations

        (A) The number of aliens who may be issued visas or otherwise 
    provided status as nonimmigrants under section 1101(a)(15)(U) of 
    this title in any fiscal year shall not exceed 10,000.
        (B) The numerical limitations in subparagraph (A) shall only 
    apply to principal aliens described in section 1101(a)(15)(U)(i) of 
    this title, and not to spouses, children, or, in the case of alien 
    children, the alien parents of such children.

      (3) Duties of the Attorney General with respect to ``U'' 
                             visa nonimmigrants

        With respect to nonimmigrant aliens described in subsection 
    (a)(15)(U) of section 1101 of this title--
            (A) the Attorney General and other government officials, 
        where appropriate, shall provide those aliens with referrals to 
        nongovernmental organizations to advise the aliens regarding 
        their options while in the United States and the resources 
        available to them; and
            (B) the Attorney General shall, during the period those 
        aliens are in lawful temporary resident status under that 
        subsection, provide the aliens with employment authorization.

                  (4) Credible evidence considered

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

                       (5) Nonexclusive relief

        Nothing in this subsection limits the ability of aliens who 
    qualify for status under section 1101(a)(15)(U) of this title to 
    seek any other immigration benefit or status for which the alien may 
    be eligible.

(o) \3\ Employment of nonimmigrants described in section 1101(a)(15)(V)

    (1) In the case of a nonimmigrant described in section 
1101(a)(15)(V) of this title--
        (A) the Attorney General shall authorize the alien to engage in 
    employment in the United States during the period of authorized 
    admission and shall provide the alien with an ``employment 
    authorized'' endorsement or other appropriate document signifying 
    authorization of employment; and
        (B) the period of authorized admission as such a nonimmigrant 
    shall terminate 30 days after the date on which any of the following 
    is denied:
            (i) The petition filed under section 1154 of this title to 
        accord the alien a status under section 1153(a)(2)(A) of this 
        title (or, in the case of a child granted nonimmigrant status 
        based on eligibility to receive a visa under section 1153(d) of 
        this title, the petition filed to accord the child's parent a 
        status under section 1153(a)(2)(A) of this title).
            (ii) The alien's application for an immigrant visa pursuant 
        to the approval of such petition.
            (iii) The alien's application for adjustment of status under 
        section 1255 of this title pursuant to the approval of such 
        petition.

    (2) In determining whether an alien is eligible to be admitted to 
the United States as a nonimmigrant under section 1101(a)(15)(V) of this 
title, the grounds for inadmissibility specified in section 
1182(a)(9)(B) of this title shall not apply.
    (3) The status of an alien physically present in the United States 
may be adjusted by the Attorney General, in the discretion of the 
Attorney General and under such regulations as the Attorney General may 
prescribe, to that of a nonimmigrant under section 1101(a)(15)(V) of 
this title, if the alien--
        (A) applies for such adjustment;
        (B) satisfies the requirements of such section; and
        (C) is eligible to be admitted to the United States, except in 
    determining such admissibility, the grounds for inadmissibility 
    specified in paragraphs (6)(A), (7), and (9)(B) of section 1182(a) 
    of this title shall not apply.

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

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

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 214, 66 Stat. 189; Pub. 
L. 91-225, Sec. 3, Apr. 7, 1970, 84 Stat. 117; Pub. L. 98-454, title VI, 
Sec. 602(b), Oct. 5, 1984, 98 Stat. 1737; Pub. L. 99-603, title III, 
Secs. 301(b), 313(b), Nov. 6, 1986, 100 Stat. 3411, 3438; Pub. L. 99-
639, Sec. 3(a), (c), Nov. 10, 1986, 100 Stat. 3542; Pub. L. 100-449, 
title III, Sec. 307(b), Sept. 28, 1988, 102 Stat. 1877; Pub. L. 100-525, 
Sec. 2(l)(1), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101-649, title II, 
Secs. 202(a), 205(a), (b), (c)(2), 206(b), 207(b), Nov. 29, 1990, 104 
Stat. 5014, 5019, 5020, 5023, 5025; Pub. L. 102-232, title II, 
Secs. 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1), 
title III, Sec. 303(a)(10)-(12), Dec. 12, 1991, 105 Stat. 1737-1741, 
1748; Pub. L. 103-182, title III, Sec. 341(b), (c), Dec. 8, 1993, 107 
Stat. 2116, 2117; Pub. L. 103-322, title XIII, Sec. 130003(b)(2), Sept. 
13, 1994, 108 Stat. 2025; Pub. L. 103-416, title II, Sec. 220(b), Oct. 
25, 1994, 108 Stat. 4319; Pub. L. 104-208, div. C, title III, 
Sec. 308(e)(1)(D), (2)(B), (f)(1)(G), (H), (3)(B), (g)(5)(A)(i), (7)(A), 
title VI, Secs. 621, 622(c), 625(a)(1), 671(a)(3)(A), (e)(4)(A), Sept. 
30, 1996, 110 Stat. 3009-619 to 3009-621, 3009-623, 3009-695, 3009-699, 
3009-721, 3009-723; Pub. L. 105-65, title I, Sec. 108, Oct. 27, 1997, 
111 Stat. 1350; Pub. L. 105-277, div. C, title IV, Secs. 411(a), 414(a), 
Oct. 21, 1998, 112 Stat. 2681-642, 2681-651; Pub. L. 106-104, Sec. 2, 
Nov. 13, 1999, 113 Stat. 1483; Pub. L. 106-311, Sec. 1, Oct. 17, 2000, 
114 Stat. 1247; Pub. L. 106-313, title I, Secs. 102(a), 103, 105(a), 
108, Oct. 17, 2000, 114 Stat. 1251-1253, 1255; Pub. L. 106-386, div. A, 
Sec. 107(e)(2), div. B, title V, Sec. 1513(c), Oct. 28, 2000, 114 Stat. 
1478, 1535; Pub. L. 106-396, title IV, Sec. 401, Oct. 30, 2000, 114 
Stat. 1647; Pub. L. 106-553, Sec. 1(a)(2) [title XI, Secs. 1102(b), 
(d)(1), 1103(b), (c)(1)], Dec. 21, 2000, 114 Stat. 2762, 2762A-142, 
2762A-144, 2762A-145.)

                       References in Text

    The International Organizations Immunities Act, referred to in 
subsec. (b), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, as 
amended, which is classified principally to subchapter XVIII (Sec. 288 
et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 288 of Title 22 and Tables.


                               Amendments

    2000--Subsec. (b). Pub. L. 106-553, Sec. 1(a)(2) [title XI, 
Sec. 1102(d)(1)], substituted ``(H)(i), (L), or (V)'' for ``(H)(i) or 
(L)''.
    Subsec. (c)(9)(A). Pub. L. 106-311, Sec. 1(1), substituted 
``(excluding any employer that is a primary or secondary education 
institution, an institution of higher education, as defined in section 
1001(a) of title 20, a nonprofit entity related to or affiliated with 
any such institution, a nonprofit entity which engages in established 
curriculum-related clinical training of students registered at any such 
institution, a nonprofit research organization, or a governmental 
research organization) filing before October 1, 2003'' for ``(excluding 
an employer described in subparagraph (A) or (B) of section 1182(p)(1) 
of this title) filing (on or after December 1, 1998, and before October 
1, 2001)''.
    Subsec. (c)(9)(B). Pub. L. 106-311, Sec. 1(2), substituted 
``$1,000'' for ``$500''.
    Subsec. (c)(10). Pub. L. 106-396 added par. (10).
    Subsec. (d). Pub. L. 106-553, Sec. 1(a)(2) [title XI, 
Sec. 1103(c)(1)], substituted ``1101(a)(15)(K)(i)'' for 
``1101(a)(15)(K)''.
    Subsec. (g)(1)(A)(iv) to (vii). Pub. L. 106-313, Sec. 102(a), added 
cls. (iv) to (vi), redesignated former cl. (v) as (vii), and struck out 
former cl. (iv) which read as follows: ``107,500 in fiscal year 2001; 
and''.
    Subsec. (g)(3). Pub. L. 106-313, Sec. 108, amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``Aliens who 
are subject to the numerical limitations of paragraph (1) shall be 
issued visas (or otherwise provided nonimmigrant status) in the order in 
which petitions are filed for such visas or status.''
    Subsec. (g)(5) to (7). Pub. L. 106-313, Sec. 103, added pars. (5) to 
(7).
    Subsec. (h). Pub. L. 106-553, Sec. 1(a)(2) [title XI, 
Sec. 1102(d)(1)], substituted ``(H)(i), (L), or (V)'' for ``(H)(i) or 
(L)''.
    Subsec. (l). Pub. L. 106-386, Sec. 107(e)(2)(A), redesignated 
subsec. (l), relating to nonimmigrant elementary and secondary school 
students, as (m).
    Subsec. (m). Pub. L. 106-386, Sec. 107(e)(2)(A), redesignated 
subsec. (l), relating to nonimmigrant elementary and secondary school 
students, as (m).
    Pub. L. 106-313, Sec. 105(a), added subsec. (m) relating to 
increased portability of H-1B status.
    Subsec. (n). Pub. L. 106-386, Sec. 107(e)(2)(B), added subsec. (n).
    Subsec. (o). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(b)], 
added subsec. (o) relating to employment of nonimmigrants described in 
section 1101(a)(15)(V) of this title.
    Pub. L. 106-386, Sec. 1513(c), added subsec. (o) relating to 
requirements applicable to section 1101(a)(15)(U) visas.
    Subsec. (p). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1103(b)], 
added subsec. (p).
    1999--Subsec. (k)(2). Pub. L. 106-104 substituted ``7 years'' for 
``5 years''.
    1998--Subsec. (c)(9). Pub. L. 105-277, Sec. 414(a), added par. (9).
    Subsec. (g)(1)(A). Pub. L. 105-277, Sec. 411(a), amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``under 
section 1101(a)(15)(H)(i)(b) of this title may not exceed 65,000, or''.
    1997--Subsec. (l)(1)(D). Pub. L. 105-65 inserted before period at 
end ``, except that, in the case of a request by the Department of 
Veterans Affairs, the alien shall not be required to practice medicine 
in a geographic area designated by the Secretary''.
    1996--Subsec. (c)(2)(A). Pub. L. 104-208, Sec. 308(f)(1)(G), 
substituted ``admission'' for ``entry''.
    Subsec. (c)(5)(B). Pub. L. 104-208, Sec. 308(f)(3)(B), substituted 
``is admitted to'' for ``enters''.
    Subsec. (d). Pub. L. 104-208, Sec. 308(g)(5)(A)(i), (7)(A), 
substituted ``sections 1229a and 1231'' for ``sections 1252 and 1253''.
    Pub. L. 104-208, Sec. 308(f)(1)(H), substituted ``admission'' for 
``entry''.
    Pub. L. 104-208, Sec. 308(e)(2)(B), substituted ``removed'' for 
``deported''.
    Subsec. (f)(1). Pub. L. 104-208, Sec. 671(e)(4)(A), substituted 
``section 40102(a)(2) of title 49'' for ``section 101(3) of the Federal 
Aviation Act of 1958''.
    Subsec. (j). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated 
subsec. (j), relating to numerical limitations on the number of aliens 
provided with nonimmigrant visas, as (k).
    Subsec. (j)(1). Pub. L. 104-208, Sec. 621, substituted ``200'' for 
``100'' and ``50'' for ``25''.
    Subsec. (k). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated 
subsec. (j), relating to numerical limitations on the number of aliens 
provided with nonimmigrant visas, as (k). Former (k) redesignated (l).
    Pub. L. 104-208, Sec. 622(c), amended subsec. (k) generally, 
substituting provisions relating to requests by interested State and 
Federal agencies for waivers of the two-year foreign residence 
requirement under section 1182(e) of this title for former provisions 
relating to requests by interested State agencies for such waivers.
    Subsec. (k)(4)(C). Pub. L. 104-208, Sec. 308(e)(1)(D), amended 
subsec. (k)(4)(C), as redesignated by Pub. L. 104-208, 
Sec. 671(a)(3)(A), by substituting ``removal'' for ``deportation''.
    Subsec. (l). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated 
subsec. (k) as (l).
    Pub. L. 104-208, Sec. 625(a)(1), added subsec. (l) relating to 
nonimmigrant elementary and secondary school students.
    1994--Subsec. (j). Pub. L. 103-322 added subsec. (j) relating to 
numerical limitations on the number of aliens provided with nonimmigrant 
visas.
    Subsec. (k). Pub. L. 103-416 added subsec. (k).
    1993--Subsec. (e). Pub. L. 103-182, Sec. 341(b), designated existing 
provisions as par. (1) and added pars. (2) to (5).
    Subsec. (j). Pub. L. 103-182, Sec. 341(c), added subsec. (j).
    1991--Subsec. (a)(2)(A). Pub. L. 102-232, Sec. 303(a)(11), 
substituted ``described in section 1101(a)(15)(O)'' for ``under section 
1101(a)(15)(O)''.
    Pub. L. 102-232, Sec. 205(d), inserted ``(or events)'' after 
``event''.
    Subsec. (a)(2)(B). Pub. L. 102-232, Sec. 206(a), designated cl. (i) 
as subpar. (B) and struck out cl. (ii) which read as follows: ``An alien 
who is admitted as a nonimmigrant under clause (ii) or (iii) of section 
1101(a)(15)(P) of this title may not be readmitted as such a 
nonimmigrant unless the alien has remained outside the United States for 
at least 3 months after the date of the most recent admission. The 
Attorney General may waive the application of the previous sentence in 
the case of individual tours in which the application would work an 
undue hardship.''
    Subsec. (c)(2)(A). Pub. L. 102-232, Sec. 303(a)(10)(A), substituted 
``individual petitions'' for ``individuals petitions''.
    Subsec. (c)(2)(D). Pub. L. 102-232, Sec. 303(a)(10)(B), substituted 
``involves'' for ``involved''.
    Subsec. (c)(3). Pub. L. 102-232, Sec. 205(e), inserted at end ``The 
Attorney General shall provide by regulation for the waiver of the 
consultation requirement under subparagraph (A) in the case of aliens 
who have been admitted as nonimmigrants under section 1101(a)(15)(O)(i) 
of this title because of extraordinary ability in the arts and who seek 
readmission to perform similar services within 2 years after the date of 
a consultation under such subparagraph. Not later than 5 days after the 
date such a waiver is provided, the Attorney General shall forward a 
copy of the petition and all supporting documentation to the national 
office of an appropriate labor organization.''
    Subsec. (c)(3)(A). Pub. L. 102-232, Sec. 204(1), substituted ``after 
consultation in accordance with paragraph (6)'' for ``after consultation 
with peer groups in the area of the alien's ability''.
    Subsec. (c)(3)(B). Pub. L. 102-232, Sec. 204(2), substituted ``after 
consultation in accordance with paragraph (6) or, in the case of such an 
alien seeking entry for a motion picture or television production, after 
consultation with such a labor organization and a management 
organization in the area of the alien's ability'' for ``after 
consultation with labor organizations with expertise in the skill area 
involved''.
    Subsec. (c)(4)(A), (B). Pub. L. 102-232, Sec. 203(b), added subpars. 
(A) and (B) and redesignated former subpars. (A) and (B) as (C) and (D), 
respectively.
    Subsec. (c)(4)(C). Pub. L. 102-232, Sec. 204(3), struck out ``clause 
(ii) of'' after ``under''.
    Pub. L. 102-232, Sec. 203(b), redesignated subpar. (A) as (C). 
Former subpar. (C) redesignated (E).
    Subsec. (c)(4)(D). Pub. L. 102-232, Sec. 204(4), substituted ``after 
consultation in accordance with paragraph (6)'' for ``after consultation 
with labor organizations with expertise in the specific field of 
athletics or entertainment involved''.
    Pub. L. 102-232, Sec. 203(b), redesignated subpar. (B) as (D).
    Subsec. (c)(4)(E). Pub. L. 102-232, Sec. 206(c)(2), struck out 
before period at end ``, in order to assure reciprocity in fact with 
foreign states''.
    Pub. L. 102-232, Sec. 203(b), redesignated subpar. (C) as (E).
    Subsec. (c)(5). Pub. L. 102-232, Sec. 207(a), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (c)(5)(A). Pub. L. 102-232, Sec. 303(a)(12), substituted 
``1101(a)(15)(H)(ii)(b)'' for ``1101(H)(ii)(b)''.
    Subsec. (c)(6), (7). Pub. L. 102-232, Sec. 204(5), (6), added par. 
(6) and redesignated former par. (6) as (7).
    Subsec. (c)(8). Pub. L. 102-232, Sec. 207(c)(1), added par. (8).
    Subsec. (g)(1). Pub. L. 102-232, Sec. 202(a), inserted ``or'' at end 
of subpar. (A), substituted a period for ``, or'' at end of subpar. (B), 
and struck out subpar. (C) which read as follows: ``under section 
1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of this title may not 
exceed 25,000.''
    1990--Subsec. (a). Pub. L. 101-649, Sec. 207(b)(1), designated 
existing provisions as par. (1) and added par. (2).
    Subsec. (b). Pub. L. 101-649, Sec. 205(b)(1), inserted ``(other than 
a nonimmigrant described in subparagraph (H)(i) or (L) of section 
1101(a)(15) of this title)'' after ``Every alien''.
    Subsec. (c). Pub. L. 101-649, Secs. 206(b), 207(b)(2)(B), designated 
existing provisions as par. (1), substituted reference to section 
1101(a)(15)(H), (L), (O), or (P)(i) of this title for reference to 
section 1101(a)(15)(H) or (L) of this title, and added pars. (2) to (6).
    Subsec. (f). Pub. L. 101-649, Sec. 202(a), added subsec. (f).
    Subsecs. (g) to (i). Pub. L. 101-649, Sec. 205(a), (b)(2), (c)(2), 
added subsecs. (g) to (i).
    1988--Subsec. (c). Pub. L. 100-525, Sec. 2(l)(1), amended Pub. L. 
99-603, Sec. 301(b). See 1986 Amendment note below.
    Subsec. (e). Pub. L. 100-449 added subsec. (e).
    1986--Subsec. (a). Pub. L. 99-603, Sec. 313(b), inserted provision 
directing that no alien admitted without a visa pursuant to section 1187 
of this title may be authorized to remain in the United States as a 
nonimmigrant visitor for a period exceeding 90 days from the date of 
admission.
    Subsec. (c). Pub. L. 99-603, Sec. 301(b), as amended by Pub. L. 100-
525, Sec. 2(l)(1), inserted provisions relating to nonimmigrants 
described in section 1101(a)(15)(H)(ii)(a) of this title.
    Subsec. (d). Pub. L. 99-639, Sec. 3(a), substituted ``have 
previously met in person within 2 years before the date of filing the 
petition, have a bona fide intention to marry,'' for ``have a bona fide 
intention to marry'', and inserted ``, except that the Attorney General 
in his discretion may waive the requirement that the parties have 
previously met in person''.
    Pub. L. 99-639, Sec. 3(c), struck out last sentence which read: ``In 
the event the marriage between the said alien and the petitioner shall 
occur within three months after the entry and they are found otherwise 
admissible, the Attorney General shall record the lawful admission for 
permanent residence of the alien and minor children as of the date of 
the payment of the required visa fees.''
    1984--Subsec. (a). Pub. L. 98-454 inserted ``No alien admitted to 
Guam without a visa pursuant to section 1182(l) of this title may be 
authorized to enter or stay in the United States other than in Guam or 
to remain in Guam for a period exceeding fifteen days from date of 
admission to Guam.''
    1970--Subsec. (c). Pub. L. 91-225, Sec. 3(a), inserted reference to 
subpar. (L) of section 1101(a)(15) of this title.
    Subsec. (d). Pub. L. 91-225, Sec. 3(b), added subsec. (d).


                    Effective Date of 2000 Amendments

    Amendment by section 1(a)(2) [title XI, Sec. 1102(b), (d)(1)] of 
Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien who is 
beneficiary of classification petition filed under section 1154 of this 
title on or before Dec. 21, 2000, see section 1(a)(2) [title XI, 
Sec. 1102(e)] of Pub. L. 106-553, set out as a note under section 1101 
of this title.
    Amendment by section 1(a)(2) [title XI, Sec. 1103(b), (c)(1)] of 
Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien who is 
beneficiary of classification petition filed under section 1154 of this 
title before, on, or after Dec. 21, 2000, see section 1(a)(2) [title XI, 
Sec. 1103(d)] of Pub. L. 106-553, set out as a note under section 1101 
of this title.
    Pub. L. 106-313, title I, Sec. 105(b), Oct. 17, 2000, 114 Stat. 
1253, provided that: ``The amendment made by subsection (a) [amending 
this section] shall apply to petitions filed before, on, or after the 
date of enactment of this Act [Oct. 17, 2000].''
    Pub. L. 106-311, Sec. 2, Oct. 17, 2000, 114 Stat. 1247, provided 
that: ``The amendment made by section 1(2) [amending this section] shall 
apply only to petitions that are filed on or after the date that is 2 
months after the date of the enactment of this Act [Oct. 17, 2000].''


                    Effective Date of 1998 Amendment

    Pub. L. 105-277, div. C, title IV, Sec. 411(b), Oct. 21, 1998, 112 
Stat. 2681-642, provided that: ``The amendment made by subsection (a) 
[amending this section] applies beginning with fiscal year 1999.''


                    Effective Date of 1996 Amendment

    Amendment by section 308(e)(1)(D), (2)(B), (f)(1)(G), (H), (3)(B), 
(g)(5)(A)(i), (7)(A) of Pub. L. 104-208 effective, with certain 
transitional provisions, on the first day of the first month beginning 
more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-
208, set out as a note under section 1101 of this title.
    Amendment by section 625(a)(1) of Pub. L. 104-208 applicable to 
individuals who obtain status of nonimmigrant under section 
1101(a)(15)(F) of this title after end of 60-day period beginning Sept. 
30, 1996, including aliens whose status as such a nonimmigrant is 
extended after end of such period, see section 625(c) of Pub. L. 104-
208, set out as a note under section 1101 of this title.
    Amendment by section 671(a)(3)(A) of Pub. L. 104-208 effective as if 
included in the enactment of the Violent Crime Control and Law 
Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of Pub. 
L. 104-208, set out as a note under section 1101 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-416 applicable to aliens admitted to United 
States under section 1101(a)(15)(J) of this title, or acquiring such 
status after admission to United States, before, on, or after Oct. 25, 
1994, and before June 1, 2002, see section 220(c) of Pub. L. 103-416, as 
amended, set out as an Effective and Termination Dates of 1994 
Amendments note under section 1182 of this title.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-182 effective on date the North American 
Free Trade Agreement enters into force with respect to the United States 
(Jan. 1, 1994), see section 342 of Pub. L. 103-182, set out as a note 
under section 3401 of Title 19, Customs Duties.


                    Effective Date of 1991 Amendment

    Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a), 
(c)(2), 207(a), (c)(1) of Pub. L. 102-232 effective Apr. 1, 1992, see 
section 208 of Pub. L. 102-232, set out as a note under section 1101 of 
this title.
    Amendment by section 303(a)(10)-(12) of Pub. L. 102-232 effective as 
if included in the enactment of the Immigration Act of 1990, Pub. L. 
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under 
section 1101 of this title.


                    Effective Date of 1990 Amendment

    Amendment by section 202(a) of Pub. L. 101-649 effective 60 days 
after Nov. 29, 1990, see section 202(c) of Pub. L. 101-649, set out as a 
note under section 1182 of this title.
    Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of 
Pub. L. 101-649 effective Oct. 1, 1991, see section 231 of Pub. L. 101-
649, set out as a note under section 1101 of this title.


           Effective and Termination Dates of 1988 Amendments

    Amendment by Pub. L. 100-525 effective as if included in enactment 
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see 
section 2(s) of Pub. L. 100-525, set out as an Effective Date of 1988 
Amendment note under section 1101 of this title.
    Amendment by Pub. L. 100-449 effective on the date the United 
States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and 
to cease to have effect on the date the Agreement ceases to be in force, 
see section 501(a), (c) of Pub. L. 100-449, set out in a note under 
section 2112 of Title 19, Customs Duties.


                    Effective Date of 1986 Amendments

    Section 3(d)(1), (3) of Pub. L. 99-639 provided that:
    ``(1) The amendments made by subsection (a) [amending this section] 
shall apply to petitions approved on or after the date of the enactment 
of this Act [Nov. 10, 1986].
    ``(3) The amendment made by subsection (c) [amending this section] 
shall apply to aliens issued visas under section 101(a)(15)(K) of the 
Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(K)] on or after 
the date of the enactment of this Act.''
    Amendment by section 301(b) of Pub. L. 99-603 applicable to 
petitions and applications filed under sections 1184(c) and 1188 of this 
title on or after the first day of the seventh month beginning after 
Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as amended, set out 
as an Effective Date note under section 1188 of this title.

                          Transfer of Functions

    United States Information Agency (other than Broadcasting Board of 
Governors and International Broadcasting Bureau) abolished and functions 
transferred to Secretary of State, see sections 6531 and 6532 of Title 
22, Foreign Relations and Intercourse.


             Additional Visas for Fiscal Years 1999 and 2000

    Pub. L. 106-313, title I, Sec. 102(b), Oct. 17, 2000, 114 Stat. 
1251, provided that:
    ``(1) In general.--(A) Notwithstanding section 214(g)(1)(A)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the 
total number of aliens who may be issued visas or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act [8 
U.S.C. 1101(a)(15)(H)(i)(b)] in fiscal year 1999 is increased by a 
number equal to the number of aliens who are issued such a visa or 
provided such status during the period beginning on the date on which 
the limitation in such section 214(g)(1)(A)(ii) is reached and ending on 
September 30, 1999.
    ``(B) In the case of any alien on behalf of whom a petition for 
status under section 101(a)(15)(H)(i)(b) is filed before September 1, 
2000, and is subsequently approved, that alien shall be counted toward 
the numerical ceiling for fiscal year 2000 notwithstanding the date of 
the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii) 
of the Immigration and Nationality Act, the total number of aliens who 
may be issued visas or otherwise provided nonimmigrant status under 
section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased 
by a number equal to the number of aliens who may be issued visas or 
otherwise provided nonimmigrant status who filed a petition during the 
period beginning on the date on which the limitation in such section 
214(g)(1)(A)(iii) is reached and ending on August 31, 2000.
    ``(2) Effective date.--Paragraph (1) shall take effect as if 
included in the enactment of section 411 of the American Competitiveness 
and Workforce Improvement Act of 1998 (as contained in title IV of 
division C of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999; Public Law 105-277) [see Effective Date of 
1998 Amendment note above].''


              One-Time Protection Under Per Country Ceiling

    Pub. L. 106-313, title I, Sec. 104(c), Oct. 17, 2000, 114 Stat. 
1253, provided that: ``Notwithstanding section 214(g)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
        ``(1) is the beneficiary of a petition filed under section 
    204(a) of that Act [8 U.S.C. 1154(a)] for a preference status under 
    paragraph (1), (2), or (3) of section 203(b) of that Act [8 U.S.C. 
    1153(b)]; and
        ``(2) is eligible to be granted that status but for application 
    of the per country limitations applicable to immigrants under those 
    paragraphs,
may apply for, and the Attorney General may grant, an extension of such 
nonimmigrant status until the alien's application for adjustment of 
status has been processed and a decision made thereon.''


          Special Provisions in Cases of Lengthy Adjudications

    Pub. L. 106-313, title I, Sec. 106(a), (b), Oct. 17, 2000, 114 Stat. 
1253, 1254, provided that:
    ``(a) Exemption From Limitation.--The limitation contained in 
section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(4)) with respect to the duration of authorized stay shall not 
apply to any nonimmigrant alien previously issued a visa or otherwise 
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that 
Act [8 U.S.C. 1101(a)(15)(H)(i)(B)] on whose behalf a petition under 
section 204(b) of that Act [8 U.S.C. 1154(b)] to accord the alien 
immigrant status under section 203(b) of that Act [8 U.S.C. 1153(b)], or 
an application for adjustment of status under section 245 of that Act [8 
U.S.C. 1255] to accord the alien status under such section 203(b), has 
been filed, if 365 days or more have elapsed since--
        ``(1) the filing of a labor certification application on the 
    alien's behalf (if such certification is required for the alien to 
    obtain status under such section 203(b)); or
        ``(2) the filing of the petition under such section 204(b).
    ``(b) Extension of H-1B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in one-year increments until such time as a final 
decision is made on the alien's lawful permanent residence.''


  Exclusion of Certain ``J'' Nonimmigrants From Numerical Limitations 
                  Applicable To ``H-1B'' Nonimmmigrants

    Pub. L. 106-313, title I, Sec. 114, Oct. 17, 2000, 114 Stat. 1262, 
provided that: ``The numerical limitations contained in section 102 of 
this title [amending this section and enacting provisions set out as a 
note above] shall not apply to any nonimmigrant alien granted a waiver 
that is subject to the limitation contained in paragraph (1)(B) of the 
first section 214(l) of the Immigration and Nationality Act [8 U.S.C. 
1184(l)] (relating to restrictions on waivers).''


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

    Pub. L. 105-277, div. C, title IV, Sec. 416, Oct. 21, 1998, 112 
Stat. 2681-655, provided that:
    ``(a) Ensuring Accurate Count.--The Attorney General shall take such 
steps as are necessary to maintain an accurate count of the number of 
aliens subject to the numerical limitations of section 214(g)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) who are issued 
visas or otherwise provided nonimmigrant status.
    ``(b) Revision of Petition Forms.--The Attorney General shall take 
such steps as are necessary to revise the forms used for petitions for 
visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section 
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)) so as to ensure that the forms provide the Attorney 
General with sufficient information to permit the Attorney General 
accurately to count the number of aliens subject to the numerical 
limitations of section 214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who 
are issued visas or otherwise provided nonimmigrant status.
    ``(c) Provision of Information.--
        ``(1) Quarterly notification.--Beginning not later than 60 days 
    after the first day of fiscal year 1999, the Attorney General shall 
    notify, on a quarterly basis, the Committees on the Judiciary of the 
    United States House of Representatives and the Senate of the numbers 
    of aliens who were issued visas or otherwise provided nonimmigrant 
    status under section 101(a)(15)(H)(i)(b) of the Immigration and 
    Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] during the preceding 
    3-month period.
        ``(2) Annual submission.--Beginning with fiscal year 2000, the 
    Attorney General shall submit on an annual basis, to the Committees 
    on the Judiciary of the United States House of Representatives and 
    the Senate, information on the countries of origin and occupations 
    of, educational levels attained by, and compensation paid to, aliens 
    who were issued visas or otherwise provided nonimmigrant status 
    under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality 
    Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] during the previous fiscal year. 
    With respect to the first submission under this paragraph, the 
    information shall relate solely to aliens provided nonimmigrant 
    status after the date that is 60 days after the date on which final 
    regulations are issued to carry out section 412(a) [amending section 
    1182 of this title].
        ``(3) Specification of number of petitions filed by certain 
    employers.--Each notification under paragraph (1), and each 
    submission under paragraph (2), shall include the number of aliens 
    who were issued visas or otherwise provided nonimmigrant status 
    pursuant to petitions filed by institutions or organizations 
    described in section 212(p)(1) of the Immigration and Nationality 
    Act [8 U.S.C. 1182(p)(1)] (as added by section 415 of this title).''


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

    Pub. L. 105-277, div. C, title IV, Sec. 418(b), Oct. 21, 1998, 112 
Stat. 2681-657, provided that: ``The Chairman of the Board of Governors 
of the Federal Reserve System, the Director of the Office of Management 
and Budget, the Chair of the Council of Economic Advisers, the Secretary 
of the Treasury, the Secretary of Commerce, the Secretary of Labor, and 
any other member of the Cabinet, shall promptly report to the Congress 
the results of any reliable study that suggests, based on legitimate 
economic analysis, that the increase effected by section 411(a) of this 
title [amending this section] in the number of aliens who may be issued 
visas or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [8 U.S.C. 
1101(a)(15)(H)(i)(b)] has had an impact on any national economic 
indicator, such as the level of inflation or unemployment, that warrants 
action by the Congress.''


           Deadline for First Report With Respect to Petitions

    Section 207(c)(2) of Pub. L. 102-232 provided that: ``The first 
report under section 214(c)(8) of the Immigration and Nationality Act [8 
U.S.C. 1184(c)(8)] shall be provided not later than April 1, 1993.''


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

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


            Work Authorization During Pending Labor Disputes

    Section 207(c) of Pub. L. 101-649, as amended by Pub. L. 102-232, 
title III, Sec. 303(a)(13), Dec. 12, 1991, 105 Stat. 1748, provided 
that:
    ``(1) In the case of an alien admitted as a nonimmigrant (other than 
under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act [8 U.S.C. 1101(a)(15)(H)(ii)(a)]) and who is authorized to be 
employed in an occupation, if nonimmigrants constitute a majority of the 
members of the bargaining unit in the occupation, during the period of 
any strike or lockout in the occupation with the employer which strike 
or lockout is pending on the date of the enactment of this Act [Nov. 29, 
1990] the alien--
        ``(A) continues to be authorized to be employed in the 
    occupation for that employer, and
        ``(B) is authorized to be employed in any occupation for any 
    other employer so long as such strike or lockout continues with 
    respect to that occupation and employer.
    ``(2) In the case of an alien admitted as a nonimmigrant (other than 
under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act) and who is authorized to be employed in an occupation, if 
nonimmigrants do not constitute a majority of the members of the 
bargaining unit in the occupation, during the period of any strike or 
lockout in the occupation with the employer which strike or lockout is 
pending on the date of the enactment of this Act the alien--
        ``(A) is not authorized to be employed in the occupation for 
    that employer, and
        ``(B) is authorized to be employed in any occupation for any 
    other employer so long as there is no strike or lockout with respect 
    to that occupation and employer.
    ``(3) With respect to a nonimmigrant described in paragraph (1) or 
(2) who does not perform unauthorized employment, any limit on the 
period of authorized stay shall be extended by the period of the strike 
or lockout, except that any such extension may not continue beyond the 
maximum authorized period of stay.
    ``(4) The provisions of this subsection shall take effect on the 
date of the enactment of this Act.''


      Off-Campus Work Authorization for Students (F Nonimmigrants)

    Section 221 of Pub. L. 101-649, as amended by Pub. L. 102-232, title 
III, Sec. 303(b)(1), (2), Dec. 12, 1991, 105 Stat. 1748; Pub. L. 103-
416, title II, Sec. 215(a), Oct. 25, 1994, 108 Stat. 4315, provided 
that:
    ``(a) 5-Year Provision.--With respect to work authorization for 
aliens admitted as nonimmigrant students described in subparagraph (F) 
of section 101(a)(15) of the Immigration and Nationality Act [8 U.S.C. 
1101(a)(15)] during the 5-year period beginning October 1, 1991, the 
Attorney General shall grant such an alien work authorization to be 
employed off-campus if--
        ``(1) the alien has completed 1 academic year as such a 
    nonimmigrant and is maintaining good academic standing at the 
    educational institution,
        ``(2) the employer provides the educational institution and the 
    Secretary of Labor with an attestation that the employer (A) has 
    recruited for at least 60 days for the position and (B) will provide 
    for payment to the alien and to other similarly situated workers at 
    a rate equal to not less than the actual wage level for the 
    occupation at the place of employment or, if greater, the prevailing 
    wage level for the occupation in the area of employment, and
        ``(3) the alien will not be employed more than 20 hours each 
    week during the academic term (but may be employed on a full-time 
    basis during vacation periods and between academic terms).
If the Secretary of Labor determines that an employer has provided an 
attestation under paragraph (2) that is materially false or has failed 
to pay wages in accordance with the attestation, after notice and 
opportunity for a hearing, the employer shall be disqualified from 
employing an alien student under this subsection.
    ``(b) Report to Congress.--Not later than April 1, 1996, the 
Commissioner of Immigration and Naturalization and the Secretary of 
Labor shall prepare and submit to the Congress a report on--
        ``(1) whether the program of work authorization under subsection 
    (a) should be extended, and
        ``(2) the impact of such program on prevailing wages of 
    workers.''


   Limitation on Admission of Aliens Seeking Employment in the Virgin 
                                 Islands

    Notwithstanding any other provision of law, the Attorney General not 
to be authorized, on or after Sept. 30, 1982, to approve any petition 
filed under subsec. (c) of this section in the case of importing any 
alien as a nonimmigrant under section 1101(a)(15)(H)(ii) of this title 
for employment in the Virgin Islands of the United States other than as 
an entertainer or as an athlete and for a period not exceeding 45 days, 
see section 3 of Pub. L. 97-271, set out as a note under section 1255 of 
this title.


      Importation of Sheepherders; Termination of Quota Deductions

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


          Cancellation of Certain Nonimmigrant Departure Bonds

    Pub. L. 85-531, July 18, 1958, 72 Stat. 375, authorized the Attorney 
General, upon application made not later than July 18, 1963, to cancel 
any departure bond posted pursuant to the Immigration Act of 1924, as 
amended, or the Immigration and Nationality Act [this chapter], on 
behalf of any refugee who entered the United States as a nonimmigrant 
after May 6, 1945, and prior to July 1, 1953, and who had his 
immigration status adjusted to that of an alien admitted for permanent 
residence pursuant to any public or private law.

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1182, 1186a, 1187, 
1188, 1201, 1255, 1356, 1571, 1574 of this title; title 22 section 7105; 
title 26 section 3306; title 29 sections 1802, 2916a.
