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

This chapter, referred to in text, was in the original, “this Act”, meaning act June 27, 1952, ch. 477,66 Stat. 163, known as theImmigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out undersection 1101 of this title and Tables.

Section 3(a) of theTorture Victim Protection Act of 1991, referred to in subsec. (a)(3)(E)(iii)(II), issection 3(a) of Pub. L. 102–256, which is set out as a note undersection 1350 of Title 28, Judiciary and Judicial Procedure.

Section 301 of theImmigration Act of 1990, referred to in subsec. (a)(6)(E)(ii), (9)(B)(iii)(III), issection 301 of Pub. L. 101–649, which is set out as a note undersection 1255a of this title.

Section 112 of theImmigration Act of 1990, referred to in subsec. (a)(6)(E)(ii), issection 112 of Pub. L. 101–649, which is set out as a note undersection 1153 of this title.

Section 1184(l) of this title, referred to in subsec. (a)(6)(G), probably means the subsec. (l) of section 1184, which relates to nonimmigrant elementary and secondary school students and was added byPub. L. 104–208, div. C, title VI, § 625(a)(1),Sept. 30, 1996,110 Stat. 3009–699, and redesignated subsec. (m) of section 1184 byPub. L. 106–386, div. A, § 107(e)(2)(A),Oct. 28, 2000,114 Stat. 1478.

TheSocial Security Act, referred to in subsec. (m)(6)(B), is act Aug. 14, 1935, ch. 531,49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Part A of title XVIII of the Act is classified generally to part A (§ 1395c et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, seesection 1305 of Title 42 and Tables.

Subsection (j)(3), which required the Director of theUnited States Information Agency to transmit an annual report toCongress on alienssubmitting affidavits described in subsection (j)(1)(E) of this section, terminated, effectiveMay 15, 2000, pursuant tosection 3003 of Pub. L. 104–66, as amended, set out as a note undersection 1113 of Title 31, Money and Finance. See, also, page 193 of House Document No. 103–7.

2025—Subsec. (d)(5).Pub. L. 119–1, § 3(d)(1), substituted “Secretary of Homeland Security” for“Attorney General” wherever appearing.

Subsec. (d)(5)(C).Pub. L. 119–1, § 3(d)(2), added subpar. (C).

2013—Subsec. (a)(4)(E).Pub. L. 113–4 added subpar. (E).

2010—Subsec. (a)(1)(C)(ii).Pub. L. 111–287 substituted “subparagraph (F) or (G) ofsection 1101(b)(1) of this title;” for “section 1101(b)(1)(F) of this title,”.

2009—Subsec. (a)(3)(E)(ii).Pub. L. 111–122 struck out “conduct outside the United Statesthat would, if committed in the United Statesor by a United Statesnational, be” before “genocide”.

2008—Subsec. (a)(1)(A)(i).Pub. L. 110–293 substituted a semicolon for “, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,”.

Subsec. (a)(2)(H)(i).Pub. L. 110–457 substituted “who commits or conspires to commit human trafficking offenses in the United Statesor outside the United States, or who the consular officer, theSecretary of Homeland Security, the Secretary of State,” for “who is listed in a report submitted pursuant tosection 7108(b) of title 22, or who the consular officer”.

Subsec. (a)(3)(G).Pub. L. 110–340 added subpar. (G).

Subsec. (a)(7)(B)(iii).Pub. L. 110–229, § 702(b)(2), amended cl. (iii) generally. Prior to amendment, text read as follows: “For provision authorizing waiver of clause (i) in the case of visitors to Guam, see subsection (l) of this section.”

Subsec. (d)(7).Pub. L. 110–229, § 702(d), inserted “the Commonwealth of the Northern Mariana Islands,” after “Guam,”.

Subsec. (l).Pub. L. 110–229, § 702(b)(3), amended subsec. (l) generally. Prior to amendment, subsec. (l) consisted of pars. (1) to (3) relating to waiver of requirements for nonimmigrant visitors to Guam.

2007—Subsec. (a)(3)(B)(ii).Pub. L. 110–161, § 691(c), substituted “Subclause (IX)” for “Subclause (VII)” in introductory provisions.

Subsec. (d)(3)(B)(i).Pub. L. 110–161, § 691(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “The Secretary of State, after consultation with the Attorney Generaland theSecretary of Homeland Security, or theSecretary of Homeland Security, after consultation with the Secretary of Stateand the Attorney General, may conclude in such Secretary’s sole unreviewable discretion that subsection (a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) of this section shall not apply to an alien, that subsection (a)(3)(B)(iv)(VI) of this section shall not apply with respect to any material support an alienafforded to an organizationor individual that has engaged in a terrorist activity, or that subsection (a)(3)(B)(vi)(III) of this section shall not apply to a group solely by virtue of having a subgroup within the scope of that subsection. The Secretary of Statemay not, however, exercise discretion under this clause with respect to an alienonce removal proceedings against the alienare instituted undersection 1229a of this title.”

2006—Subsec. (a)(4)(C)(i)(I).Pub. L. 109–271, § 6(b)(1)(A)(i), which directed the amendment of subsec. (a)(4)(C)(i)(II) by substituting a semicolon for “, or”, was executed to subsec. (a)(4)(C)(i)(I), to reflect the probable intent ofCongress. The quoted matter did not appear in subsec. (a)(4)(C)(i)(II).

Subsec. (a)(4)(C)(i)(III).Pub. L. 109–271, § 6(b)(1)(A)(ii), added subcl. (III).

Subsec. (a)(6)(A)(ii)(I).Pub. L. 109–271, § 6(b)(1)(B), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “the alienqualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) ofsection 1154(a)(1) of this title,”.

Subsec. (a)(9)(B)(iii)(V).Pub. L. 109–162, § 802(a), added subcl. (V).

Subsec. (a)(9)(C)(ii).Pub. L. 109–271, § 6(b)(1)(C), substituted “theSecretary of Homeland Security has consented to the alien’s reapplying for admission.” for “the Attorney Generalhas consented to the alien’s reapplying for admission. The Attorney Generalin the Attorney General’s discretion may waive the provisions of subsection (a)(9)(C)(i) of this section in the case of an aliento whom the Attorney Generalhas granted classification under clause (iii), (iv), or (v) ofsection 1154(a)(1)(A) of this title, or classification under clause (ii), (iii), or (iv) ofsection 1154(a)(1)(B) of this title, in any case in which there is a connection between—

“(1) thealien’s having been battered or subjected to extreme cruelty; and

“(2) thealien’s—

“(A) removal;

“(B) departure from theUnited States;

“(C) reentry or reentries into theUnited States; or

“(D) attempted reentry into theUnited States.”

Subsec. (a)(9)(C)(iii).Pub. L. 109–271, § 6(b)(1)(C), added subpar. (iii).

Subsec. (d)(13), (14).Pub. L. 109–162, § 802(b), substituted “Secretary of Homeland Security” for“Attorney General” wherever appearing.

Subsec. (g)(1)(C).Pub. L. 109–271, § 6(b)(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “qualifies for classification under clause (iii) or (iv) ofsection 1154(a)(1)(A) of this title or classification under clause (ii) or (iii) ofsection 1154(a)(1)(B) of this title;”.

Subsec. (h)(1)(C).Pub. L. 109–271, § 6(b)(3), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “the alienqualifies for classification under clause (iii) or (iv) ofsection 1154(a)(1)(A) of this title or classification under clause (ii) or (iii) ofsection 1154(a)(1)(B) of this title; and”.

Subsec. (i)(1).Pub. L. 109–271, § 6(b)(4), substituted “a VAWA self-petitioner” for “an aliengranted classification under clause (iii) or (iv) ofsection 1154(a)(1)(A) of this title or clause (ii) or (iii) ofsection 1154(a)(1)(B) of this title”.

2005—Subsec. (a)(3)(B)(i).Pub. L. 109–13, § 103(a), reenacted heading without change and amended first sentence of cl. (i) generally, substituting general provisions relating to inadmissibility of aliensengaging in terrorist activities for former provisions relating to inadmissibility of any alienwho had engaged in a terrorist activity, any alienwho a consular officeror the Attorney Generalknew or reasonably believed had engaged in terrorist activity, any alienwho had incited terrorist activity, any alienwho was a representativeof a foreign terrorist organizationor group that had publicly endorsed terrorist acts, any alienwho was a member of a foreign terrorist organization, any alienwho had used the alien’s position of prominence to endorse terrorist activity, and any alienwho was the spouse or child of an alienwho had been found inadmissible, if the activity causing the aliento be found inadmissible had occurred within the last 5 years.

Subsec. (a)(3)(B)(iv).Pub. L. 109–13, § 103(b), reenacted heading without change and amended text of cl. (iv) generally, substituting provisions defining the term“engage in terrorist activity” in subcls. (I) to (VI), including provisions relating to demonstration of certain knowledge by clear and convincing evidence, for provisions defining the term“engage in terrorist activity” in somewhat similar subcls. (I) to (VI) which did not include provisions relating to demonstration of certain knowledge by clear and convincing evidence.

Subsec. (a)(3)(B)(vi).Pub. L. 109–13, § 103(c), amended heading and text of cl. (vi) generally. Prior to amendment, text read as follows: “As used in clause (i)(VI) and clause (iv), the term‘terrorist organization’ means an organization—

“(I) designated undersection 1189 of this title;

“(II) otherwise designated, upon publication in the Federal Register, by the Secretary ofState in consultation with or upon the request of theAttorney General, as aterrorist organization, after finding that the organizationengages in the activities described in subclause (I), (II), or (III) of clause (iv), or that the organizationprovides material support to further terrorist activity; or

“(III) that is a group of two or more individuals, whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of clause (iv).”

Subsec. (d)(3).Pub. L. 109–13, § 104, designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B).

Subsec. (t).Pub. L. 109–13, § 501(d)(1), inserted “orsection 1101(a)(15)(E)(iii) of this title” after “section 1101(a)(15)(H)(i)(b1) of this title” wherever appearing.

Subsec. (t)(3)(C)(i)(II), (ii)(II), (iii)(II).Pub. L. 109–13, § 501(d)(2), substituted “1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii)” for “or 1101(a)(15)(H)(i)(b1)”.

2004—Subsec. (a)(2)(G).Pub. L. 108–458, § 5502(a), amended heading and text of subpar. (G) generally. Prior to amendment, text read as follows: “Any alienwho, while serving as a foreign government official, was responsible for or directly carried out, at any time during the preceding 24-month period, particularly severe violations of religious freedom, as defined insection 6402 of title 22, and the spouse and children, if any, are inadmissible.”

Subsec. (a)(3)(E).Pub. L. 108–458, § 5501(a)(3), which directed substitution of “Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing” for “Participants in nazi persecution or genocide” in heading, was executed by making the substitution for “Participants in Nazi persecutions or genocide” to reflect the probable intent ofCongress.

Subsec. (a)(3)(E)(ii).Pub. L. 108–458, § 5501(a)(1), substituted “ordered, incited, assisted, or otherwise participated in conduct outside the United Statesthat would, if committed in the United Statesor by a United Statesnational, be genocide, as defined insection 1091(a) of title 18, is inadmissible” for “has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is inadmissible”.

Subsec. (a)(3)(E)(iii).Pub. L. 108–458, § 5501(a)(2), added cl. (iii).

Subsec. (d)(3)(A), (B).Pub. L. 108–458, § 5503, substituted “and clauses (i) and (ii) of paragraph (3)(E)” for “and (3)(E)”.

Subsec. (n)(1)(E)(ii).Pub. L. 108–447, § 422(a), struck out “October 1, 2003,” before “by an H–1B-dependent employer”.

Subsec. (n)(2)(G).Pub. L. 108–447, § 424(a)(1), added subpar. (G).

Subsec. (n)(2)(H), (I).Pub. L. 108–447, § 424(b), added subpar. (H) and redesignated former subpar. (H) as (I).

Subsec. (p).Pub. L. 108–449, § 1(b)(2)(A), which directed redesignation of subsec. (p), relating to consideration of benefits received as battered alienin determination of inadmissibility as likely to become public charge, as (s), could not be executed because of the previous temporary redesignation byPub. L. 108–77, § 402(b)(1). See 2003 Amendment note below.

Subsec. (p)(3), (4).Pub. L. 108–447, § 423, added pars. (3) and (4).

Subsec. (s).Pub. L. 108–449, § 1(b)(2)(A), which directed redesignation of subsec. (p), relating to consideration of benefits received as battered alienin determination of inadmissibility as likely to become public charge, as (s), could not be executed because of the previous redesignation byPub. L. 108–77, § 402(b)(1). See 2003 Amendment note below.

Subsec. (t).Pub. L. 108–449, § 1(b)(2)(B), added subsec. (t) relating to foreign residencerequirement.

2003—Subsec. (d)(13).Pub. L. 108–193, § 8(a)(2), redesignated par. (13), relating to Attorney General’s determination whether a ground for inadmissibility exists with respect to a nonimmigrant described insection 1101(a)(15)(U) of this title, as (14).

Subsec. (d)(13)(A).Pub. L. 108–193, § 4(b)(4)(A), inserted “, except that the ground for inadmissibility described in subsection (a)(4) shall not apply with respect to such a nonimmigrant” before period at end.

Subsec. (d)(13)(B)(i).Pub. L. 108–193, § 4(b)(4)(B)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “paragraphs (1) and (4) of subsection (a) of this section; and”.

Subsec. (d)(13)(B)(ii).Pub. L. 108–193, § 4(b)(4)(B)(ii), substituted “subsection (a)” for “such subsection” and inserted “(4),” after “(3),”.

Subsec. (d)(14).Pub. L. 108–193, § 8(a)(2), redesignated par. (13), relating to Attorney General’s determination whether a ground for inadmissibility exists with respect to a nonimmigrant described insection 1101(a)(15)(U) of this title, as (14).

Subsec. (p).Pub. L. 108–77, §§ 107(c), 402(b)(1), temporarily redesignated subsec. (p), relating to consideration of benefits received as battered alienin determination of inadmissibility as likely to become public charge, as (s). See Effective and Termination Dates of 2003 Amendment note below.

Subsec. (p)(1).Pub. L. 108–77, §§ 107(c), 402(c), temporarily substituted “(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)” for “(n)(1)(A)(i)(II) and (a)(5)(A)”. See Effective and Termination Dates of 2003 Amendment note below.

Subsec. (s).Pub. L. 108–77, §§ 107(c), 402(b)(1), temporarily redesignated subsec. (p), relating to consideration of benefits received as battered alienin determination of inadmissibility as likely to become public charge, as (s). See Effective and Termination Dates of 2003 Amendment note below.

Subsec. (t).Pub. L. 108–77, §§ 107(c), 402(b)(2), temporarily added subsec. (t). See Effective and Termination Dates of 2003 Amendment note below.

2002—Subsec. (a)(4)(C)(ii).Pub. L. 107–150 substituted “(and any additional sponsor required undersection 1183a(f) of this title or any alternative sponsor permitted under paragraph (5)(B) of such section)” for “(including any additional sponsor required undersection 1183a(f) of this title)”.

Subsec. (e).Pub. L. 107–273 substituted “section 1184(l)” for “section 1184(k)”.

2001—Subsec. (a)(2)(I).Pub. L. 107–56, § 1006(a), added subpar. (I).

Subsec. (a)(3)(B)(i)(II).Pub. L. 107–56, § 411(a)(1)(C), substituted “clause (iv)” for “clause (iii)”.

Subsec. (a)(3)(B)(i)(IV).Pub. L. 107–56, § 411(a)(1)(A)(i), amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read as follows: “is a representative(as defined in clause (iv)) of a foreign terrorist organization, as designated by the Secretary undersection 1189 of this title, or”.

Subsec. (a)(3)(B)(i)(V).Pub. L. 107–56, § 411(a)(1)(A)(ii), inserted “or” after “section 1189 of this title,”.

Subsec. (a)(3)(B)(i)(VI), (VII).Pub. L. 107–56, § 411(a)(1)(A)(iii), which directed addition of subcls. (VI) and (VII) at end of cl. (i), was executed by making the addition after subcl. (V) and before concluding provisions of cl. (i) to reflect the probable intent ofCongress.

Subsec. (a)(3)(B)(ii).Pub. L. 107–56, § 411(a)(1)(D), added cl. (ii). Former cl. (ii) redesignated (iii).

Subsec. (a)(3)(B)(iii).Pub. L. 107–56, § 411(a)(1)(E)(i), inserted “it had been” before “committed in the United States” in introductory provisions.

Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (ii) as (iii). Former cl. (iii) redesignated (iv).

Subsec. (a)(3)(B)(iii)(V)(b).Pub. L. 107–56, § 411(a)(1)(E)(ii), substituted “, firearm, or other weapon or dangerous device” for “or firearm”.

Subsec. (a)(3)(B)(iv).Pub. L. 107–56, § 411(a)(1)(F), reenacted heading without change and amended text of cl. (iv) generally. Prior to amendment, text read as follows: “As used in this chapter, the term‘engage in terrorist activity’ means to commit, in an individual capacity or as a member of an organization, an act of terrorist activityor an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activityat any time, including any of the following acts:

“(I) The preparation or planning of aterrorist activity.

“(II) The gathering of information on potential targets forterrorist activity.

“(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit aterrorist activity.

“(IV) The soliciting of funds or other things of value forterrorist activity or for anyterrorist organization.

“(V) The solicitation of any individual for membership in aterrorist organization, terrorist government, or to engage in a terrorist activity.”

Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (iii) as (iv). Former cl. (iv) redesignated (v).

Subsec. (a)(3)(B)(v).Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (iv) as (v).

Subsec. (a)(3)(B)(vi).Pub. L. 107–56, § 411(a)(1)(G), added cl. (vi).

Subsec. (a)(3)(F).Pub. L. 107–56, § 411(a)(2), added subpar. (F).

2000—Subsec. (a)(2)(H).Pub. L. 106–386, § 111(d), added subpar. (H).

Subsec. (a)(5)(A)(iv).Pub. L. 106–313, § 106(c)(2), added cl. (iv).

Subsec. (a)(6)(C)(ii).Pub. L. 106–395, § 201(b)(2), amended heading and text of cl. (ii) generally. Prior to amendment, text read as follows: “Any alienwho falsely represents, or has falsely represented, himself or herself to be a citizen of the United Statesfor any purpose or benefit under this chapter (includingsection 1324a of this title) or any other Federal or Statelaw is inadmissible.”

Subsec. (a)(7)(B)(iv).Pub. L. 106–396 struck out “pilot” before “program” in heading and text.

Subsec. (a)(9)(C)(ii).Pub. L. 106–386, § 1505(a), inserted at end “The Attorney Generalin the Attorney General’s discretion may waive the provisions of subsection (a)(9)(C)(i) of this section in the case of an aliento whom the Attorney Generalhas granted classification under clause (iii), (iv), or (v) ofsection 1154(a)(1)(A) of this title, or classification under clause (ii), (iii), or (iv) ofsection 1154(a)(1)(B) of this title, in any case in which there is a connection between—” and added subcls. (1) and (2).

Subsec. (a)(10)(D).Pub. L. 106–395, § 201(b)(1), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “Any alienwho has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.”

Subsec. (d)(13).Pub. L. 106–386, § 1513(e), added par. (13) relating to Attorney General’s determination whether a ground for inadmissibility exists with respect to a nonimmigrant described insection 1101(a)(15)(U) of this title.

Pub. L. 106–386, § 107(e)(3), added par. (13) relating to Attorney General’s determination whether a ground for inadmissibility exists with respect to a nonimmigrant described insection 1101(a)(15)(T) of this title.

Subsec. (g)(1)(C).Pub. L. 106–386, § 1505(d), added subpar. (C).

Subsec. (h)(1)(C).Pub. L. 106–386, § 1505(e), added subpar. (C).

Subsec. (i)(1).Pub. L. 106–386, § 1505(c)(1), inserted before period at end “or, in the case of an aliengranted classification under clause (iii) or (iv) ofsection 1154(a)(1)(A) of this title or clause (ii) or (iii) ofsection 1154(a)(1)(B) of this title, the aliendemonstrates extreme hardship to the alienor the alien’s United Statescitizen, lawful permanentresident, or qualified alienparent or child”.

Subsec. (n)(1)(E)(ii).Pub. L. 106–313, § 107(a), substituted “October 1, 2003” for “October 1, 2001”.

Subsec. (p).Pub. L. 106–386, § 1505(f), added subsec. (p) relating to consideration of benefits received as battered alienin determination of inadmissibility as likely to become public charge.

1999—Subsec. (a)(2)(C).Pub. L. 106–120 amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “Any alienwho the consular or immigration officerknows or has reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is inadmissible.”

Subsec. (a)(5)(C).Pub. L. 106–95, § 4(a)(2), substituted “Subject to subsection (r), any alienwho seeks” for “Any alienwho seeks” in introductory provisions.

Subsec. (m).Pub. L. 106–95, § 2(b), amended subsec. (m) generally, adding provisions providing that no more than 33 percent of a facility’s workforce may be nonimmigrant aliensand making issuance of visas dependent upon Statepopulations, and revising period of admission from a maximum of 6 years to 3 years.

Subsec. (r).Pub. L. 106–95, § 4(a)(1), added subsec. (r).

1998—Subsec. (a)(2)(G).Pub. L. 105–292 added subpar. (G).

Subsec. (a)(10)(C)(ii), (iii).Pub. L. 105–277, § 2226(a), added cls. (ii) and (iii) and struck out heading and text of former cl. (ii). Text read as follows: “Clause (i) shall not apply so long as the child is located in a foreign statethat is a party to the Hague Convention on the Civil Aspects of International Child Abduction.”

Subsec. (n)(1).Pub. L. 105–277, § 412(b)(2), substituted “an H–1B nonimmigrant” for “a nonimmigrant described insection 1101(a)(15)(H)(i)(b) of this title” in introductory provisions.

Pub. L. 105–277, § 412(a)(2), (3), inserted at end “The application form shall include a clear statement explaining the liability under subparagraph (F) of a placing employer if the other employer described in such subparagraph displaces a United States workeras described in such subparagraph. Nothing in subparagraph (G) shall be construed to prohibit an employer from using legitimate selection criteria relevant to the job that are normal or customary to the type of job involved, so long as such criteria are not applied in a discriminatory manner.”

Subsec. (n)(1)(A)(i).Pub. L. 105–277, § 412(b)(2), substituted “an H–1B nonimmigrant” for “a nonimmigrant described insection 1101(a)(15)(H)(i)(b) of this title” in introductory provisions.

Subsec. (n)(1)(C)(ii).Pub. L. 105–277, § 412(c), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if there is no such bargaining representative, has posted notice of filing in conspicuous locations at the place of employment.”

Subsec. (n)(1)(E) to (G).Pub. L. 105–277, § 412(a)(1), added subpars. (E) to (G).

Subsec. (n)(2)(A).Pub. L. 105–277, § 413(b)(2), substituted “Subject to paragraph (5)(A), the Secretary” for “The Secretary” in first sentence.

Subsec. (n)(2)(C).Pub. L. 105–277, § 413(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), a substantialfailure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation of material fact in an application—

“(i) the Secretary shall notify theAttorney 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) theAttorney General shall not approve petitions filed with respect to that employer under section1154 or1184(c) of this title during a period of at least 1 year for aliensto be employed by the employer.”

Subsec. (n)(2)(E).Pub. L. 105–277, § 413(c), added subpar. (E).

Subsec. (n)(2)(F).Pub. L. 105–277, § 413(d), added subpar. (F).

Subsec. (n)(2)(G).Pub. L. 105–277, § 413(e), temporarily added subpar. (G). See Effective and Termination Dates of 1998 Amendment note below.

Subsec. (n)(2)(H).Pub. L. 105–277, § 413(f), added subpar. (H).

Subsec. (n)(3), (4).Pub. L. 105–277, § 412(b)(1), added pars. (3) and (4).

Subsec. (n)(5).Pub. L. 105–277, § 413(b)(1), added par. (5).

Subsec. (p).Pub. L. 105–277, § 415(a), added subsec. (p) relating to computation of prevailing wage level.

Subsec. (q).Pub. L. 105–277, § 431(a), added subsec. (q).

1997—Subsec. (a)(1)(A)(ii).Pub. L. 105–73, § 1(1), inserted “except as provided in subparagraph (C),” after “(ii)”.

Subsec. (a)(1)(C).Pub. L. 105–73, § 1(2), added subpar. (C).

1996—Pub. L. 104–208, § 308(d)(1)(A), amended section catchline.

Subsec. (a).Pub. L. 104–208, § 308(d)(1)(C), substituted “is inadmissible” for “is excludable” wherever appearing in pars. (1) to (5), (6)(C) to (E), (G), (7), (8), (10)(A), (C)(i), (D), and (E).

Pub. L. 104–208, § 308(d)(1)(B), substituted“aliensineligible for visas or admission” for “excludable aliens” in heading and substituted “Except as otherwise provided in this chapter, alienswho are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:” for “Except as otherwise provided in this chapter, the following describes classes of excludable alienswho are ineligible to receive visas and who shall be excluded from admission into the United States:” in introductory provisions.

Subsec. (a)(1)(A)(ii) to (iv).Pub. L. 104–208, § 341(a), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.

Subsec. (a)(2)(B).Pub. L. 104–208, § 322(a)(2)(B), struck out “actually imposed” after “confinement”.

Subsec. (a)(2)(D)(i), (ii).Pub. L. 104–208, § 308(f)(1)(C), substituted “admission” for “entry”.

Subsec. (a)(3)(B)(i)(I).Pub. L. 104–132, § 411(1)(A), struck out “or” at end.

Subsec. (a)(3)(B)(i)(II).Pub. L. 104–132, § 411(1)(B), inserted “is engaged in or” after “ground to believe,”.

Subsec. (a)(3)(B)(i)(III).Pub. L. 104–208, § 342(a)(2), added subcl. (III). Former subcl. (III) redesignated (IV).

Pub. L. 104–132, § 411(1)(C), added subcl. (III).

Subsec. (a)(3)(B)(i)(IV).Pub. L. 104–208, § 355, inserted “which the alienknows or should have known is a terrorist organization” after “1189 of this title,”.

Pub. L. 104–208, § 342(a)(1), redesignated subcl. (III) as (IV). Former subcl. (IV) redesignated (V).

Pub. L. 104–132, § 411(1)(C), added subcl. (IV).

Subsec. (a)(3)(B)(i)(V).Pub. L. 104–208, § 342(a)(1), redesignated subcl. (IV) as (V).

Subsec. (a)(3)(B)(iii)(III).Pub. L. 104–208, § 342(a)(3), inserted “documentation or” before “identification”.

Subsec. (a)(3)(B)(iv).Pub. L. 104–132, § 411(2), added cl. (iv).

Subsec. (a)(4).Pub. L. 104–208, § 531(a), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “Any alienwho, in the opinion of the consular officerat the time of application for a visa, or in the opinion of the Attorney Generalat the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable.”

Pub. L. 104–208, § 305(c), which directed amendment of par. (4) by substituting “1227(a)(5)(B)” for “1251(a)(5)(B)” each place it appears, could not be executed because “1251(a)(5)(B)” did not appear in par. (4).

Subsec. (a)(5)(A)(iii).Pub. L. 104–208, § 624(a), added cl. (iii).

Subsec. (a)(5)(C).Pub. L. 104–208, § 343(2), added subpar. (C). Former subpar. (C) redesignated (D).

Pub. L. 104–208, § 308(d)(1)(D), substituted “inadmissibility” for “exclusion”.

Subsec. (a)(5)(D).Pub. L. 104–208, § 343(1), redesignated subpar. (C) as (D).

Subsec. (a)(6)(A).Pub. L. 104–208, § 301(c)(1), amended heading and text generally. Prior to amendment, text read as follows: “Any alienwho has been excluded from admission and deported and who again seeks admission within one year of the date of such deportation is excludable, unless prior to the alien’s reembarkation at a place outside the United Statesor attempt to be admitted from foreign contiguous territory the Attorney Generalhas consented to the alien’s reapplying for admission.”

Subsec. (a)(6)(B).Pub. L. 104–208, § 301(c)(1), amended heading and text generally. Prior to amendment, text read as follows: “Any alienwho—

“(i) has been arrested and deported,

“(ii) has fallen into distress and has been removed pursuant to this chapter or any prior Act,

“(iii) has been removed as analien enemy, or

“(iv) has been removed at Government expense in lieu of deportation pursuant tosection 1252(b) of this title,

and (a) who seeks admission within 5 years of the date of such deportation or removal, or (b) who seeks admission within 20 years in the case of analien convicted of an aggravated felony, is excludable, unless before the date of thealien’s embarkation or reembarkation at a place outside theUnited States or attempt to be admitted from foreign contiguous territory theAttorney General has consented to the alien’s applying or reapplying for admission.”

Subsec. (a)(6)(C)(i).Pub. L. 104–208, § 308(f)(1)(D), substituted “admission” for “entry”.

Subsec. (a)(6)(C)(ii), (iii).Pub. L. 104–208, § 344(a), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (a)(6)(F).Pub. L. 104–208, § 345(a)(1), amended heading and text of subpar. (F) generally. Prior to amendment, text read as follows: “An alienwho is the subject of a final order for violation ofsection 1324c of this title is excludable.”

Subsec. (a)(6)(G).Pub. L. 104–208, § 346(a), added subpar. (G).

Subsec. (a)(9).Pub. L. 104–208, § 301(b)(1), added par. (9). Former par. (9) redesignated (10).

Subsec. (a)(10).Pub. L. 104–208, § 301(b)(1), redesignated par. (9) as (10).

Subsec. (a)(10)(B).Pub. L. 104–208, § 308(c)(2)(B), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “Any alienaccompanying another alienordered to be excluded and deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant tosection 1227(e) of this title, whose protection or guardianship is required by the alienordered excluded and deported, is excludable.”

Subsec. (a)(10)(D).Pub. L. 104–208, § 347(a), added subpar. (D).

Subsec. (a)(10)(E).Pub. L. 104–208, § 352(a), added subpar. (E).

Subsec. (b).Pub. L. 104–208, § 308(d)(1)(F), which directed amendment of par. (2) by striking “or ineligible for entry”, was executed by striking the language in par. (1)(B) before “or adjustment”, to reflect the probable intent ofCongress and the intervening redesignation of par. (2) as par. (1)(B) byPub. L. 104–132, § 412(1). See below.

Pub. L. 104–208, § 308(d)(1)(E), substituted “inadmissible” for “excludable” wherever appearing.

Pub. L. 104–132, § 412, designated existing provisions as par. (1), substituted “Subject to paragraphs (2) and (3), if” for “If”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, realigned margins, and added pars. (2) and (3).

Subsec. (c).Pub. L. 104–208, § 304(b), struck out subsec. (c) which read as follows: “Aliens lawfully admitted for permanent residencewho temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney Generalwithout regard to the provisions of subsection (a) of this section (other than paragraphs (3) and (9)(C)). Nothing contained in this subsection shall limit the authority of the Attorney Generalto exercise the discretion vested in him undersection 1181(b) of this title. This subsection shall not apply to an alienwho is deportable by reason of having committed any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered bysection 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered bysection 1227(a)(2)(A)(i) of this title.”

Pub. L. 104–132, § 440(d)(2), as amended byPub. L. 104–208, §§ 306(d), 308(g)(1), (10)(H), substituted “is deportable by reason of having committed any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered bysection 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered bysection 1227(a)(2)(A)(i) of this title.” for “has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.”

Pub. L. 104–132, § 440(d)(1), substituted “This” for “The first sentence of this” in third sentence.

Subsec. (d)(1).Pub. L. 104–208, § 308(e)(1)(B), substituted “removal” for “deportation”.

Pub. L. 104–208, § 308(d)(1)(D), substituted “inadmissibility” for “exclusion”.

Subsec. (d)(3).Pub. L. 104–208, § 308(d)(1)(E), substituted “inadmissible aliens” for “excludable aliens”.

Subsec. (d)(4).Pub. L. 104–208, § 308(g)(1), substituted “section 1223(c)” for “section 1228(c)”.

Subsec. (d)(5)(A).Pub. L. 104–208, § 602(a), substituted “only on a case-by-case basis for urgent humanitarian reasons or significant public benefit” for “for emergent reasons or for reasons deemed strictly in the public interest”.

Subsec. (d)(7).Pub. L. 104–208, § 308(g)(4)(B), substituted “section 1231(c)” for “section 1227(a)”.

Pub. L. 104–208, § 308(e)(2)(A), substituted “removed” for “deported”.

Pub. L. 104–208, § 308(d)(1)(G), substituted “denied admission” for “excluded from admission”.

Subsec. (d)(11).Pub. L. 104–208, § 671(e)(3), inserted comma after “(4) thereof)”.

Pub. L. 104–208, § 351(a), inserted “an individual who at the time of such action was” after “aided only”.

Pub. L. 104–208, § 308(e)(1)(C), substituted “removal” for “deportation”.

Subsec. (d)(12).Pub. L. 104–208, § 345(a)(2), added par. (12).

Subsec. (e).Pub. L. 104–208, § 622(b), inserted “, or in the case of a waiver requested by an interested United StatesGovernment agency on behalf of an aliendescribed in clause (iii),” before “the waiver shall be subject to”.

Subsec. (f).Pub. L. 104–208, § 124(b)(1), inserted at end “Whenever the Attorney Generalfinds that a commercial airline has failed to comply with regulations of the Attorney Generalrelating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States(including the training of personnel in such detection), the Attorney Generalmay suspend the entry of some or all alienstransported to the United Statesby such airline.”

Subsec. (g).Pub. L. 104–208, § 341(b), substituted a semicolon for “, or” at end of par. (1)(B), inserted “in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney Generalafter consultation with the Secretary of Health and Human Services, may by regulation prescribe;” as par. (1) concluding provisions, and substituted pars. (2) and (3) for former par. (2) and concluding provisions which read as follows:

“(2) subsection (a)(1)(A)(ii) of this section in the case of anyalien,

in accordance with such terms, conditions, and controls, if any, including the giving of bond, as theAttorney General, in his discretion after consultation with the Secretary of Health and Human Services, may by regulation prescribe.”

Subsec. (h).Pub. L. 104–208, § 348(a), inserted at end of concluding provisions “No waiver shall be granted under this subsection in the case of an alienwho has previously been admitted to the United Statesas an alien lawfully admitted for permanent residenceif either since the date of such admission the alienhas been convicted of an aggravated felony or the alienhas not lawfully resided continuously in the United Statesfor a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alienfrom the United States. No court shall have jurisdiction to review a decision of the Attorney Generalto grant or deny a waiver under this subsection.”

Pub. L. 104–208, § 308(g)(10)(A), which directed substitution of “paragraphs (1) and (2) ofsection 1229b(a) of this title” for “subsection (c) of this section”, could not be executed because the language “subsection (c) of this section” did not appear.

Subsec. (h)(1)(A)(i).Pub. L. 104–208, § 308(f)(1)(E), substituted “admission” for “entry”.

Pub. L. 104–208, § 308(d)(1)(E), substituted “inadmissible” for “excludable” in two places.

Subsec. (h)(1)(B).Pub. L. 104–208, § 308(d)(1)(H), substituted “denial of admission” for “exclusion”.

Subsec. (i).Pub. L. 104–208, § 349, amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “The Attorney Generalmay, in his discretion, waive application of clause (i) of subsection (a)(6)(C) of this section—

“(1) in the case of an immigrant who is the spouse, parent, or son or daughter of aUnited States citizen or of an immigrantlawfully admitted for permanent residence, or

“(2) if the fraud or misrepresentation occurred at least 10 years before the date of the immigrant’s application for a visa, entry, or adjustment of status and it is established to the satisfaction of theAttorney General that the admission to the United Statesof such immigrant would not be contrary to the nationalwelfare, safety, or security of the United States.”

Subsec. (j)(1)(D).Pub. L. 104–208, § 308(f)(1)(F), substituted “admission” for “entry” in introductory provisions.

Subsec. (j)(1)(D)(ii).Pub. L. 104–208, § 308(f)(3)(A), substituted “is admitted to” for “enters”.

Subsec. (k).Pub. L. 104–208, § 308(d)(1)(E), substituted “inadmissible” for “excludable”.

Pub. L. 104–208, § 308(d)(1)(D), substituted “inadmissibility” for “exclusion”.

Subsec. (l)(2)(B).Pub. L. 104–208, § 308(e)(6), substituted “removal of” for “deportation against”.

1994—Subsec. (a)(2)(A)(i)(I).Pub. L. 103–416, § 203(a)(1), inserted “or an attempt or conspiracy to commit such a crime” after “offense)”.

Subsec. (a)(2)(A)(i)(II).Pub. L. 103–416, § 203(a)(2), inserted “or attempt” after “conspiracy”.

Subsec. (a)(5)(C).Pub. L. 103–416, § 219(z)(5), amended directory language ofPub. L. 102–232, § 307(a)(6). See 1991 Amendment note below.

Subsec. (d)(1).Pub. L. 103–322 added par. (1).

Subsec. (d)(11).Pub. L. 103–416, § 219(e), substituted “voluntarily” for “voluntary”.

Subsec. (e).Pub. L. 103–416, § 220(a), in first proviso, inserted “(or, in the case of an aliendescribed in clause (iii), pursuant to the request of a StateDepartment of Public Health, or its equivalent)” after “interested United StatesGovernment agency” and “except that in the case of a waiver requested by a StateDepartment of Public Health, or its equivalent the waiver shall be subject to the requirements ofsection 1184(k) of this title” after “public interest”.

Subsec. (h).Pub. L. 103–416, § 203(a)(3), inserted before period at end “, or an attempt or conspiracy to commit murder or a criminal act involving torture”.

Subsec. (n)(1)(A)(i).Pub. L. 103–416, § 219(z)(1), made technical correction toPub. L. 102–232, § 303(a)(7)(B)(i). See 1991 Amendment note below.

Subsec. (o).Pub. L. 103–317, § 506(a), (c), temporarily added subsec. (o) which read as follows: “An alienwho has been physically present in the United Statesshall not be eligible to receive an immigrant visawithin ninety days following departure therefrom unless—

“(1) thealien was maintaining a lawful nonimmigrant status at the time of such departure, or

“(2) thealien is the spouse orunmarried child of an individual who obtained temporary or permanentresident status under section1160 or1255a of this title or section 202 of theImmigration Reform and Control Act of 1986 at any date, who—

“(A) as ofMay 5, 1988, was the unmarriedchild or spouse of the individual who obtained temporary or permanentresident status under section1160 or1255a of this title or section 202 of theImmigration Reform and Control Act of 1986;

“(B) entered theUnited States beforeMay 5, 1988, resided in the United StatesonMay 5, 1988, and is not a lawful permanentresident; and

“(C) applied for benefits under section 301(a) of theImmigration Act of 1990.”

See Effective and Termination Dates of 1994 Amendment note below.

1993—Subsec. (a)(1)(A)(i).Pub. L. 103–43 inserted at end “which shall include infection with the etiologic agent for acquired immune deficiency syndrome,”.

1991—Subsec. (a)(1)(A)(ii)(II).Pub. L. 102–232, § 307(a)(1), inserted “or” at end.

Subsec. (a)(3)(A)(i).Pub. L. 102–232, § 307(a)(2), inserted “(I)” after “any activity” and “(II)” after “sabotage or”.

Subsec. (a)(3)(B)(iii)(III).Pub. L. 102–232, § 307(a)(3), substituted “a terrorist activity” for “an act of terrorist activity”.

Subsec. (a)(3)(C)(iv).Pub. L. 102–232, § 307(a)(5), substituted “identity” for “identities”.

Subsec. (a)(3)(D)(iv).Pub. L. 102–232, § 307(a)(4), substituted “if the immigrant” for “if the alien”.

Subsec. (a)(5).Pub. L. 102–232, § 302(e)(6), repealedPub. L. 101–649, § 162(e)(1). See 1990 Amendment note below.

Subsec. (a)(5)(C).Pub. L. 102–232, § 307(a)(6), as amended byPub. L. 103–416, § 219(z)(5), substituted “immigrants seeking admission or adjustment of status under paragraph (2) or (3) ofsection 1153(b) of this title” for “preference immigrant aliensdescribed in paragraph (3) or (6) ofsection 1153(a) of this title and to nonpreference immigrant aliensdescribed insection 1153(a)(7) of this title”.

Subsec. (a)(6)(B).Pub. L. 102–232, § 307(a)(7), in closing provisions, substituted “(a) who seeks” for “who seeks”, “, or (b) who seeks admission” for “(or”, and “felony,” for “felony)”.

Subsec. (a)(6)(E)(ii), (iii).Pub. L. 102–232, § 307(a)(8), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (a)(8)(B).Pub. L. 102–232, § 307(a)(9), substituted “person” for“alien” after “Any”.

Subsec. (a)(9)(C)(i).Pub. L. 102–232, § 307(a)(10)(A), substituted “an order by a court in the United Statesgranting custody to a person of a United Statescitizen child who detains or retains the child, or withholds custody of the child, outside the United Statesfrom the person granted custody by that order, is excludable until the child is surrendered to the person granted custody by that order” for “a court order granting custody to a citizen of the United Statesof a child having a lawful claim to United Statescitizenship, detains, retains, or withholds custody of the child outside the United Statesfrom the United Statescitizen granted custody, is excludable until the child is surrendered to such United Statescitizen”.

Subsec. (a)(9)(C)(ii).Pub. L. 102–232, § 307(a)(10)(B), substituted “so long as the child is located in a foreign statethat is a party” for “to an alienwho is a nationalof a foreign statethat is a signatory”.

Subsec. (a)(17).Pub. L. 102–232, § 306(a)(12), amendedPub. L. 101–649, § 514(a). See 1990 Amendment note below.

Subsec. (c).Pub. L. 102–232, § 307(b), substituted “paragraphs (3) and (9)(C)” for “subparagraphs (A), (B), (C), or (E) of paragraph (3)”.

Pub. L. 102–232, § 306(a)(10), substituted “one or more aggravated felonies and has served for such felony or felonies” for “an aggravated felony and has served”.

Subsec. (d)(3).Pub. L. 102–232, § 307(c), substituted “(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),” for “(3)(A),” in two places and “(3)(E)” for “(3)(D)” in two places.

Subsec. (d)(11).Pub. L. 102–232, § 307(d), inserted “and in the case of an alienseeking admission or adjustment of status as an immediate relative or immigrant undersection 1153(a) of this title (other than paragraph (4) thereof)” after “section 1181(b) of this title”.

Subsec. (g)(1).Pub. L. 102–232, § 307(e), substituted “subsection (a)(1)(A)(i)” for “section (a)(1)(A)(i)”.

Subsec. (h).Pub. L. 102–232, § 307(f)(1), struck out “in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United Statesor alien lawfully admitted for permanent residence” after “marijuana” in introductory provisions.

Subsec. (h)(1).Pub. L. 102–232, § 307(f)(2), designated existing provisions as subpar. (A) and inserted “in the case of any immigrant” in introductory provisions, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, struck out “and” at end of cl. (i), substituted “or” for “and” at end of cl. (iii), and added subpar. (B).

Subsec. (i).Pub. L. 102–232, § 307(g), substituted “immigrant” and “immigrant’s” for“alien” and“alien’s”, respectively, wherever appearing.

Subsec. (j)(1)(D).Pub. L. 102–232, § 309(b)(7), substituted“United StatesInformation Agency” for “International Communication Agency”.

Subsec. (j)(2).Pub. L. 102–232, § 303(a)(5)(B), added par. (2) and struck out former par. (2) which related to inapplicability of par. (1)(A) and (B)(ii)(I) requirements between effective date of subsec. andDec. 31, 1983.

Subsec. (j)(3).Pub. L. 102–232, § 309(b)(7), substituted“United StatesInformation Agency” for “International Communication Agency”.

Subsec. (m)(2)(A).Pub. L. 102–232, § 302(e)(9), inserted, after first sentence of closing provisions, sentence relating to attestation that facilitywill not replace nurse with nonimmigrant for period of one year after layoff.

Subsec. (n)(1).Pub. L. 102–232, § 303(a)(7)(B)(ii), (iii), redesignated matter after first sentence of subpar. (D) as closing provisions of par. (1), substituted “(and such accompanying documents as are necessary)” for “(and accompanying documentation)”, and inserted last two sentences providing for review and certification by Secretary of Labor.

Subsec. (n)(1)(A)(i).Pub. L. 102–232, § 303(a)(7)(B)(i), as amended byPub. L. 103–416, § 219(z)(1), in introductory provisions substituted “admitted or provided status as a nonimmigrant described insection 1101(a)(15)(H)(i)(b) of this title” for “and to other individuals employed in the occupational classification and in the area of employment”, in closing provisions substituted “based on the best information available” for “determined”, and amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “the actual wage level for the occupational classification at the place of employment, or”.

Subsec. (n)(1)(A)(ii).Pub. L. 102–232, § 303(a)(6), substituted “for such a nonimmigrant” for “for such aliens”.

Subsec. (n)(1)(D).Pub. L. 102–232, § 303(a)(7)(B)(iii), redesignated matter after first sentence as closing provisions of par. (1).

Subsec. (n)(2)(C).Pub. L. 102–232, § 303(a)(7)(B)(iv), substituted “of paragraph (1)(B), a substantialfailure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation” for “(or a substantialfailure in the case of a condition described in subparagraph (C) or (D) of paragraph (1)) or misrepresentation”.

Subsec. (n)(2)(D).Pub. L. 102–232, § 303(a)(7)(B)(v), (vi), substituted “If” for “In addition to the sanctions provided under subparagraph (C), if” and inserted before period at end “, whether or not a penalty under subparagraph (C) has been imposed”.

1990—Subsec. (a).Pub. L. 101–649, § 601(a), amended subsec. (a) generally, decreasing number of classes of excludable aliensfrom 34 to 9 by broadening descriptions of such classes.

Pub. L. 101–649, § 514(a), as amended byPub. L. 102–232, § 306(a)(12), substituted “20 years” for “ten years” in par. (17).

Pub. L. 101–649, § 162(e)(1), which provided that par. (5) is amended in subpar. (A), by striking “Any alienwho seeks to enter the United Statesfor the purpose of performing skilled or unskilled labor” and inserting “Any alienwho seeks admission or status as an immigrant under paragraph (2) or (3) ofsection 1153(b) of this title, in subpar. (B), by inserting “who seeks admission or status as an immigrant under paragraph (2) or (3) ofsection 1153(b) of this title” after “An alien” the first place it appears, and by striking subpar. (C), was repealed byPub. L. 102–232, § 302(e)(6). See Construction of 1990 Amendment note below.

Pub. L. 101–246, § 131(a), added par. (34) which read as follows: “Any alienwho has committed in the United Statesany serious criminal offense, as defined insection 1101(h) of this title, for whom immunity from criminal jurisdiction was exercised with respect to that offense, who as a consequence of the offense and the exercise of immunity has departed the United States, and who has not subsequently submitted fully to the jurisdiction of the court in the United Stateswith jurisdiction over the offense.”

Subsec. (b).Pub. L. 101–649, § 601(b), added subsec. (b) and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(25).

Subsec. (c).Pub. L. 101–649, § 601(d)(1), substituted “subsection (a) of this section (other than subparagraphs (A), (B), (C), or (E) of paragraph (3))” for “paragraph (1) through (25) and paragraphs (30) and (31) of subsection (a) of this section”.

Pub. L. 101–649, § 511(a), inserted at end “The first sentence of this subsection shall not apply to an alienwho has been convicted of an aggravated felony and has served a term of imprisonment of at least 5 years.”

Subsec. (d)(1), (2).Pub. L. 101–649, § 601(d)(2)(A), struck out pars. (1) and (2) which related to applicability of subsec. (a)(11), (25), and (28).

Subsec. (d)(3).Pub. L. 101–649, § 601(d)(2)(B), substituted “under subsection (a) (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)” for “under one or more of the paragraphs enumerated in subsection (a) (other than paragraphs (27), (29), and (33))” wherever appearing, and inserted at end “The Attorney Generalshall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliensapplying for temporary admission under this paragraph.”

Subsec. (d)(4).Pub. L. 101–649, § 601(d)(2)(C), substituted “(7)(B)(i)” for “(26)”.

Subsec. (d)(5)(A).Pub. L. 101–649, § 202(b), inserted “or insection 1184(f) of this title” after “except as provided in subparagraph (B)”.

Subsec. (d)(6).Pub. L. 101–649, § 601(d)(2)(A), struck out par. (6) which directed that Attorney Generalprescribe conditions to control excludable aliensapplying for temporary admission.

Subsec. (d)(7).Pub. L. 101–649, § 601(d)(2)(D), substituted “(other than paragraph (7))” for “of this section, except paragraphs (20), (21), and (26),”.

Subsec. (d)(8).Pub. L. 101–649, § 601(d)(2)(E), substituted “(3)(A), (3)(B), (3)(C), and (7)(B)” for “(26), (27), and (29)”.

Subsec. (d)(9), (10).Pub. L. 101–649, § 601(d)(2)(A), struck out pars. (9) and (10) which related to applicability of pars. (7) and (15), respectively, of subsec. (a).

Subsec. (d)(11).Pub. L. 101–649, § 601(d)(2)(F), added par. (11).

Subsec. (g).Pub. L. 101–649, § 601(d)(3), amended subsec. (g) generally, substituting provisions relating to waiver of application for provisions relating to admission of mentally retarded, tubercular, and mentally ill aliens.

Subsec. (h).Pub. L. 101–649, § 601(d)(4), amended subsec. (h) generally, substituting provisions relating to waiver of certain subsec. (a)(2) provisions for provisions relating to nonapplicability of subsec. (a)(9), (10), (12), (23), and (34).

Pub. L. 101–246, § 131(c), substituted “(12), or (34)” for “or (12)”.

Subsec. (i).Pub. L. 101–649, § 601(d)(5), amended subsec. (i) generally, substituting provisions relating to waiver of subsec. (a)(6)(C)(i) of this section for provisions relating to admission of alienspouse, parent or child excludable for fraud.

Subsec. (k).Pub. L. 101–649, § 601(d)(6), substituted “paragraph (5)(A) or (7)(A)(i)” for “paragraph (14), (20), or (21)”.

Subsec. (l).Pub. L. 101–649, § 601(d)(7), substituted “paragraph (7)(B)(i)” for “paragraph (26)(B)”.

Subsec. (m)(2)(A).Pub. L. 101–649, § 162(f)(2)(B), in opening provision, struck out “, with respect to a facilityfor which an alienwill perform services,” before “is an attestation”, in cl. (iii) inserted “employed by the facility” after “The alien”, and inserted at end “In the case of an alienfor whom an employer has filed an attestation under this subparagraph and who is performing servicesat a worksite other than the employer’s or other than a worksite controlled by the employer, the Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order to avoid duplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the attestor, or for other good cause.”

Subsec. (n).Pub. L. 101–649, § 205(c)(3), added subsec. (n).

1989—Subsec. (m).Pub. L. 101–238 added subsec. (m).

1988—Subsec. (a)(17).Pub. L. 100–690 inserted “(or within ten years in the case of an alienconvicted of an aggravated felony)” after “within five years”.

Subsec. (a)(19).Pub. L. 100–525, § 7(c)(1), made technical correction to directory language ofPub. L. 99–639, § 6(a). See 1986 Amendment note below.

Subsec. (a)(32).Pub. L. 100–525, § 9(i)(1), substituted “Secretary of Education” for“Commissionerof Education” and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.

Subsec. (d)(4).Pub. L. 100–525, § 8(f), addedPub. L. 99–653, § 7(d)(2). See 1986 Amendment note below.

Subsec. (e).Pub. L. 100–525, § 9(i)(2), substituted “Director of the United StatesInformation Agency” for “Secretary of State” the first place appearing, and “Director” for “Secretary of State” each subsequent place appearing.

Subsec. (g).Pub. L. 100–525, § 9(i)(3), substituted “Secretary of Health and Human Services” for “Surgeon General of the United StatesPublic Health Service” wherever appearing.

Subsec. (h).Pub. L. 100–525, § 9(i)(4), substituted “paragraph (9)” for “paragraphs (9)”.

Subsec. (i).Pub. L. 100–525, § 7(c)(3), addedPub. L. 99–639, § 6(b). See 1986 Amendment note below.

Subsec. (l).Pub. L. 100–525, § 3(1)(A), made technical correction toPub. L. 99–396, § 14(a). See 1986 Amendment note below.

1987—Subsec. (a)(23).Pub. L. 100–204 amended par. (23) generally. Prior to amendment, par. (23) read as follows: “Any alienwho has been convicted of a violation of, or a conspiracy to violate, any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined insection 802 of title 21); or any alienwho the consular officeror immigration officerknow or have reason to believe is or has been an illicit trafficker in any such controlled substance;”.

1986—Subsec. (a)(19).Pub. L. 99–639, § 6(a), as amended byPub. L. 100–525, § 7(c)(1), amended par. (19) generally. Prior to amendment, par. (19) read as follows: “Any alienwho seeks to procure, or has sought to procure, or has procured a visa or other documentation, or seeks to enter the United States, by fraud, or by willfully misrepresenting a material fact;”.

Subsec. (a)(23).Pub. L. 99–570 substituted “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined insection 802 of title 21)” for “any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative, or preparation of opium or coca leaves, or isonipecaine or any addiction-forming or addiction-sustaining opiate” and “any such controlled substance” for “any of the aforementioned drugs”.

Subsec. (a)(24).Pub. L. 99–653 struck out par. (24) which related to aliensseeking admission from foreign contiguous territory or adjacent islands who arrived there on vessel or aircraft of nonsignatory line or noncomplying transportation line and have not resided there at least two years subsequent to such arrival, except for aliensdescribed insection 1101(a)(27)(A) of this title and aliensborn in Western Hemisphere, and further provided that no paragraph following par. (24) shall be redesignated as result of this amendment.

Subsec. (d)(4).Pub. L. 99–653, § 7(d)(2), as added byPub. L. 100–525, § 8(f), substituted “section 1228(c) of this title” for “section 1228(d) of this title”.

Subsec. (i).Pub. L. 99–639, § 6(b), as added byPub. L. 100–525, § 7(c)(3), inserted “or other benefit under this chapter” after“United States,”.

Subsec. (l).Pub. L. 99–396, § 14(a), as amended byPub. L. 100–525, § 3(1)(A), amended subsec. (l) generally, designating existing provisions as par. (1) and redesignating former pars. (1) and (2) as subpars. (A) and (B), respectively, inserting in par. (1) as so designated reference to consultation with the Governor of Guam, inserting in subpar. (B) as so redesignated reference to the welfare, safety, and security of the territories and commonwealths of the United States, and adding pars. (2) and (3).

1984—Subsec. (a)(9).Pub. L. 98–473 amended last sentence generally. Prior to amendment, last sentence read as follows: “Any alienwho would be excludable because of a convictionof a misdemeanor classifiable as a petty offense under the provisions ofsection 1(3) of title 18, by reason of the punishment actually imposed, or who would be excludable as one who admits the commission of an offense that is classifiable as a misdemeanor under the provisions ofsection 1(2) of title 18, by reason of the punishment which might have been imposed upon him, may be granted a visa and admitted to the United Statesif otherwise admissible: Provided, That the alienhas committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense;”.

Subsec. (l).Pub. L. 98–454 added subsec. (l).

1981—Subsec. (a)(17).Pub. L. 97–116, § 4(1), inserted “and who seek admission within five years of the date of such deportation or removal,” after “section 1252(b) of this title,”.

Subsec. (a)(32).Pub. L. 97–116, §§ 5(a)(1), 18(e)(1), substituted “in the United States)” for “in the United States” and inserted provision that for purposes of this paragraph an alienwho is a graduate of a medical school be considered to have passed parts I and II of the NationalBoard of Medical Examiners examination if the alienwas fully and permanently licensed to practice medicine in a StateonJan. 9, 1978, and was practicing medicine in a Stateon that date.

Subsec. (d)(6).Pub. L. 97–116, § 4(2), struck out provision that the Attorney Generalmake a detailed report toCongress in any case in which he exercises his authority under par. (3) of this subsection on behalf of any alienexcludable under subsec. (a)(9), (10), and (28) of this section.

Subsec. (h).Pub. L. 97–116, § 4(3), substituted “paragraphs (9), (10), or (12) of subsection (a) of this section or paragraph (23) of such subsection as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana” for “paragraphs (9), (10), or (12) of subsection (a) of this section”.

Subsec. (j)(1).Pub. L. 97–116, § 5(b)(1), inserted “as follows” after “training are”.

Subsec. (j)(1)(A).Pub. L. 97–116, § 5(b)(3), (4), substituted “Secretary of Education” for“Commissionerof Education” and a period for the semicolon at the end.

Subsec. (j)(1)(B).Pub. L. 97–116, § 5(a)(2), (b)(3), (7)(A), (B), substituted “Secretary of Education” for“Commissionerof Education”, “(ii)(I)” for “(ii)”, and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”; inserted “(II)” before “has competency”, “(III)” before “will be able to adapt”, and “(IV)” before “has adequate prior education”; and inserted provision that for purposes of this subparagraph an alienwho is a graduate of a medical school be considered to have passed parts I and II of the NationalBoard of Medical Examiners examination if the alienwas fully and permanently licensed to practice medicine in a StateonJan. 9, 1978, and was practicing medicine in a Stateon that date.

Subsec. (j)(1)(C).Pub. L. 97–116, § 5(b)(2)–(4), struck out “(including any extension of the duration thereof under subparagraph (D))” after “to the United States” and substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” and a period for “; and” at end.

Subsec. (j)(1)(D).Pub. L. 97–116, § 5(b)(5), substituted provision permitting alienscoming to the United Statesto study in medical residency training programs to remain until the typical completion date of the program, as determined by the Director of the International Communication Agency at the time of the alien’s entry, based on criteria established in coordination with the Secretary of Health and Human Services, except that such duration be limited to seven years unless the aliendemonstrates to the satisfaction of the Director that the country to which the alienwill return after such specialty education has exceptional need for an individual trained in such specialty, and that the alienmay change enrollment in programs once within two years after coming to the United Statesif approval of the Director is obtained and further commitments are obtained from the aliento assure that, upon completion of the program, the alienwould return to his country for provision limiting the duration of the alien’s participation in the program for which he is coming to the United Statesto not more than 2 years, with a possible one year extension.

Subsec. (j)(1)(E).Pub. L. 97–116, § 5(b)(6), added subpar. (E).

Subsec. (j)(2)(A).Pub. L. 97–116, § 5(b)(7)(C)–(F), substituted “and (B)(ii)(I)” for “and (B)” and “1983” for “1981”; inserted “(i) the Secretary of Health and Human Servicesdetermines, on a case-by-case basis, that” after “if”; and added cl. (ii).

Subsec. (j)(2)(B).Pub. L. 97–116, § 5(b)(7)(G), inserted provision directing Secretary of Health and Human Services, in coordination with Attorney Generaland Director of the International Communication Agency, to monitor the issuance of waivers under subpar. (A) and the needs of the communities, with respect to which such waivers are issued, to assure that quality medical care is provided and to review each program with such a waiver to assure that the plan described in subpar. (A)(ii) is being carried out and that the participants in such program are being provided appropriate supervision in their medical education and training.

Subsec. (j)(2)(C).Pub. L. 97–116, § 5(b)(7)(G), added subpar. (C).

Subsec. (j)(3).Pub. L. 97–116, § 5(b)(8), added par. (3).

Subsec. (k).Pub. L. 97–116, § 18(e)(2), added subsec. (k).

1980—Subsec. (a)(14), (32).Pub. L. 96–212, § 203(d), substituted “1153(a)(7)” for “1153(a)(8)”.

Subsec. (d)(5).Pub. L. 96–212, § 203(f), redesignated existing provisions as subpar. (A), inserted provision excepting subpar. (B), and added subpar. (B).

Subsec. (j)(2)(A).Pub. L. 96–538 substituted “December 30, 1981” for “December 30, 1980”.

1979—Subsec. (d)(9), (10).Pub. L. 96–70 added pars. (9) and (10).

1978—Subsec. (a)(33).Pub. L. 95–549, § 101, added par. (33).

Subsec. (d)(3).Pub. L. 95–549, § 102, inserted reference to par. (33) in parenthetical text.

1977—Subsec. (a)(32).Pub. L. 95–83, § 307(q)(1), inserted “not accredited by a body or bodies approved for the purpose by the Commissionerof Education (regardless of whether such school of medicine is in the United States” after“graduates of a medical school” in first sentence and struck out second sentence exclusion of aliensprovision with respect to application to special immigrantsdefined insection 1101(a)(27)(A) of this title (other than the parents, spouses, or children of the United Statescitizens or of aliens lawfully admitted for permanent residence).

Subsec. (j)(1)(B).Pub. L. 95–83, § 307(q)(2)(A), inserted cl. (i) and designated existing provisions as cl. (ii).

Subsec. (j)(1)(C).Pub. L. 95–83, § 307(q)(2)(B), substituted “that there is a need in that country for persons with the skills the alienwill acquire in such education or training” for “that upon such completion and return, he will be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country”.

Subsec. (j)(1)(D).Pub. L. 95–83, § 307(q)(2)(C), substituted “at the written request” for “at the request”, struck out cl. “(i) such government provides a written assurance, satisfactory to the Secretary of Health, Education, and Welfare, that the alienwill, at the end of such extension, be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country,”, and redesignated as cls. (i) and (ii) former cls. (ii) and (iii).

Subsec. (j)(2)(A).Pub. L. 95–83, § 307(q)(2)(D), substituted “(A) and (B)” for “(A) through (D)”.

1976—Subsec. (a)(14).Pub. L. 94–571, § 5, in revising par. (14), inserted in cl. (A) “(or equally qualified in the case of alienswho are members of the teaching professionor who have exceptional ability in the sciences or the arts)” and struck out “in the United States” after “sufficient workers” and “destined” before “to perform” and introductory provision of last sentence making exclusion of aliensunder par. (14) applicable to special immigrantsdefined in former provision ofsection 1101(a)(27)(A) of this title (other than the parents, spouses, or children of United Statescitizens or of alienslawfully admitted to the United Statesfor permanentresidence).

Subsec. (a)(24).Pub. L. 94–571, § 7(d), substituted in parenthetical text “section 1101(a)(27)(A) of this title and aliensborn in the Western Hemisphere” for “section 1101(a)(27)(A) and (B) of this title”.

Subsec. (a)(32).Pub. L. 94–484, § 601(a), added par. (32).

Subsec. (e).Pub. L. 94–484, § 601(c), substituted “(i) whose” for “whose (i)”, and“residence, (ii)” for“residence, or (ii)”, inserted “or (iii) who came to the United Statesor acquired such status in order to receive graduate medical education or training,” before “shall be eligible”, and inserted “, except in the case of an aliendescribed in clause (iii),” in second proviso.

Subsec. (j).Pub. L. 94–484, § 601(d), added subsec. (j).

1970—Subsec. (e).Pub. L. 91–225 inserted cls. (i) and (ii) and reference to eligibility for nonimmigrant visaundersection 1101(a)(15)(L) of this title, provided for waiver of requirement of two-year foreign residenceabroad where aliencannot return to the country of his nationality or last residencebecause he would be subject to persecution on account of race, religion, or political opinion or where the foreign country of alien’s nationality or last residencehas furnished a written statement that it has no objection to such waiver for such alien, and struck out alternative provision for residenceand physical presence in another foreign country and former first and final provisos which read as follows: “Provided, That such residencein another foreign country shall be considered to have satisfied the requirements of this subsection if the Secretary of Statedetermines that it has served the purpose and the intent of theMutual Educational and Cultural Exchange Act of 1961” and “And provided further, That the provisions of this subchapter shall apply also to those persons who acquired exchange visitor status under theUnited States Information and Educational Exchange Act of 1948, as amended.”

1965—Subsec. (a)(1).Pub. L. 89–236, § 15(a), substituted “mentally retarded” for “feebleminded”.

Subsec. (a)(4).Pub. L. 89–236, § 15(b), substituted “or sexual deviation” for “epilepsy”.

Subsec. (a)(14).Pub. L. 89–236, § 10(a), inserted requirement that Secretary of Labor make an affirmative finding that any alienseeking to enter the United Statesas a worker, skilled or otherwise, will not replace a worker in the United Statesnor will the employment of the alienadversely affect the wages and working conditions of individuals in the United Statessimilarly employed, and made the requirement applicable to special immigrants(other than the parents, spouses, and minor children of U.S. citizens or permanentresident aliens), preference immigrants described in sections 1153(a)(3) and 1153(a)(6) of this title, and nonpreference immigrants.

Subsec. (a)(20).Pub. L. 89–236, § 10(b), substituted “1181(a)” for “1181(e)”.

Subsec. (a)(21).Pub. L. 89–236, § 10(c), struck out “quota” before “immigrant”.

Subsec. (a)(24).Pub. L. 89–236, § 10(d), substituted “other than aliensdescribed in section 1101(a)(27)(A) and (B)” for “other than those alienswho are nativeborn citizens of countries enumerated insection 1101(a)(27) of this title and aliensdescribed insection 1101(a)(27)(B) of this title”.

Subsec. (g).Pub. L. 89–236, § 15(c), redesignated subsec. (f) of sec. 212 of theImmigration and Nationality Act as subsec. (g) thereof, which for purposes of codification had already been designated as subsec. (g) of this section and granted the Attorney Generalauthority to admit any alienwho is the spouse, unmarriedson or daughter, minor adopted child, or parent of a citizen or lawful permanentresident and who is mentally retarded or has a past history of mental illness under the same conditions as authorized in the case of such close relatives afflicted with tuberculosis.

Subsecs. (h), (i).Pub. L. 89–236, § 15(c), redesignated subsecs. (g) and (h) of sec. 212 of theImmigration and Nationality Act as subsecs. (h) and (i) respectively thereof, which for purposes of codification had already been designated as subsecs. (h) and (i) of this section.

1961—Subsec. (a)(6).Pub. L. 87–301, § 11, struck out references to tuberculosis and leprosy.

Subsec. (a)(9).Pub. L. 87–301, § 13, authorized admission of alienswho would be excluded because of convictionof a violation classifiable as an offense undersection 1(3) of title 18, by reason of punishment actually imposed, or who admit commission of an offense classifiable as a misdemeanor undersection 1(2) of title 18, by reason of punishment which might have been imposed, if otherwise admissible and provided the alienhas committed, or admits to commission of, only one such offense.

Subsecs. (e), (f).Pub. L. 87–256 added subsec. (e) and redesignated former subsec. (e) as (f).

Subsecs. (g) to (i).Pub. L. 87–301, §§ 12, 14, 15, added subsecs. (f) to (h), which for purposes of codification have been designated as subsecs. (g) to (i).

1960—Subsec. (a).Pub. L. 86–648 inserted “or marihuana” after “narcotic drugs” in cl. (23).

1959—Subsec. (d).Pub. L. 86–3 struck out provisions from cl. (7) which related to alienswho left Hawaii and to persons who were admitted to Hawaii under section 8(a)(1) of the act of March 24, 1934, or as nationalsof the United States.

1958—Subsec. (d)(7).Pub. L. 85–508 struck out provisions which related to alienswho left Alaska.

1956—Subsec. (a)(23). ActJuly 18, 1956, included conspiracy to violate a narcotic law, and the illicit possession of narcotics, as additional grounds for exclusion.

Committee on International Relations ofHouse of Representatives changed to Committee on Foreign Affairs ofHouse of Representatives by House Resolution No. 6, One Hundred TenthCongress,Jan. 5, 2007.

Pub. L. 111–122, § 3(c),Dec. 22, 2009,123 Stat. 3481, provided that:

Amendment byPub. L. 110–229 effective on the transition program effective date described insection 1806 of Title 48, Territories and Insular Possessions, seesection 705(b) of Pub. L. 110–229, set out as an Effective Date note undersection 1806 of Title 48.

Pub. L. 110–161, div. J, title VI, § 691(f),Dec. 26, 2007,121 Stat. 2366, provided that:

Pub. L. 109–13, div. B, title I, § 103(d),May 11, 2005,119 Stat. 308, provided that:

Pub. L. 108–458, title V, § 5501(c),Dec. 17, 2004,118 Stat. 3740, provided that:

Pub. L. 108–447, div. J, title IV, § 424(a)(2),Dec. 8, 2004,118 Stat. 3355, provided that:

Pub. L. 108–447, div. J, title IV, § 430,Dec. 8, 2004,118 Stat. 3361, provided that:

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

Pub. L. 107–273, div. C, title I, § 11018(d),Nov. 2, 2002,116 Stat. 1825, provided that:

Pub. L. 107–150, § 2(b),Mar. 13, 2002,116 Stat. 75, provided that:

Pub. L. 107–56, title IV, § 411(c),Oct. 26, 2001,115 Stat. 348, provided that:

[Anothersection 411(c) of Pub. L. 107–56 amendedsection 1189 of this title.]

Pub. L. 106–395, title II, § 201(b)(3),Oct. 30, 2000,114 Stat. 1634, provided that:

Pub. L. 106–95, § 2(e),Nov. 12, 1999,113 Stat. 1317, as amended byPub. L. 109–423, § 2(2),Dec. 20, 2006,120 Stat. 2900, provided that:

[Pub. L. 109–423, § 3,Dec. 20, 2006,120 Stat. 2900, provided that:

Pub. L. 106–95, § 4(b),Nov. 12, 1999,113 Stat. 1318, provided that:

Pub. L. 105–292, title VI, § 604(b),Oct. 27, 1998,112 Stat. 2814, provided that:

Pub. L. 105–277, div. C, title IV, § 412(d),Oct. 21, 1998,112 Stat. 2681–645, provided that:

Pub. L. 105–277, div. C, title IV, § 413(e)(2),Oct. 21, 1998,112 Stat. 2681–651, as amended byPub. L. 106–313, title I, § 107(b),Oct. 17, 2000,114 Stat. 1255, provided that:

Pub. L. 105–277, div. C, title IV, § 415(b),Oct. 21, 1998,112 Stat. 2681–655, provided that:

Pub. L. 105–277, div. C, title IV, § 431(b),Oct. 21, 1998,112 Stat. 2681–658, provided that:

Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2226(b),Oct. 21, 1998,112 Stat. 2681–821, provided that:

Pub. L. 104–208, div. C, title III, § 301(b)(3),Sept. 30, 1996,110 Stat. 3009–578, provided that:

Pub. L. 104–208, div. C, title III, § 301(c)(2),Sept. 30, 1996,110 Stat. 3009–579, provided that:

Pub. L. 104–208, div. C, title III, § 306(d),Sept. 30, 1996,110 Stat. 3009–612, provided that the amendment made by section 306(d) is effective as if included in the enactment ofPub. L. 104–132.

Amendment by sections 301(b)(1), (c)(1), 304(b), 305(c), 306(d), and 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6), (f)(1)(C)–(F), (3)(A), (g)(1), (4)(B), (10)(A), (H) of div. C ofPub. L. 104–208 effective on the first day of the first month beginning more than 180 days afterSept. 30, 1996, with certain transitional provisions, including authority for Attorney Generalto waive application of subsec. (a)(9) of this section in case of an alienprovided benefits undersection 301 of Pub. L. 101–649, set out as a note undersection 1255a of this title, and including provision that no period of time beforeSept. 30, 1996, be included in the period of 1 year described in subsec. (a)(6)(B)(i) of this section, seesection 309 of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Amendment bysection 322(a) of Pub. L. 104–208 applicable to convictionsand sentences entered before, on, or afterSept. 30, 1996, seesection 322(c) of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Pub. L. 104–208, div. C, title III, § 341(c),Sept. 30, 1996,110 Stat. 3009–636, provided that:

Pub. L. 104–208, div. C, title III, § 342(b),Sept. 30, 1996,110 Stat. 3009–636, provided that:

Pub. L. 104–208, div. C, title III, § 344(c),Sept. 30, 1996,110 Stat. 3009–637, provided that:

Pub. L. 104–208, div. C, title III, § 346(b),Sept. 30, 1996,110 Stat. 3009–638, provided that:

Pub. L. 104–208, div. C, title III, § 347(c),Sept. 30, 1996,110 Stat. 3009–639, provided that:

Pub. L. 104–208, div. C, title III, § 348(b),Sept. 30, 1996,110 Stat. 3009–639 provided that:

Pub. L. 104–208, div. C, title III, § 351(c),Sept. 30, 1996,110 Stat. 3009–640, provided that:

Pub. L. 104–208, div. C, title III, § 352(b),Sept. 30, 1996,110 Stat. 3009–641, provided that:

Pub. L. 104–208, div. C, title III, § 358,Sept. 30, 1996,110 Stat. 3009–644, provided that:

Pub. L. 104–208, div. C, title V, § 531(b),Sept. 30, 1996,110 Stat. 3009–675, provided that:

Pub. L. 103–416, title II, § 203(c),Oct. 25, 1994,108 Stat. 4311, provided that:

Amendment bysection 219(e) of Pub. L. 103–416 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 219(dd) of Pub. L. 103–416, set out as an Effective Date of 1994 Amendment note undersection 1101 of this title.

Pub. L. 103–416, title II, § 219(z),Oct. 25, 1994,108 Stat. 4318, provided that the amendment made by subsec. (z)(1), (5) of that section is effective as if included in the Miscellaneous and Technical Immigration and NaturalizationAmendments of 1991,Pub. L. 102–232.

Pub. L. 103–416, title II, § 220(c),Oct. 25, 1994,108 Stat. 4320, as amended byPub. L. 104–208, div. C, title VI, § 622(a),Sept. 30, 1996,110 Stat. 3009–695;Pub. L. 107–273, div. C, title I, § 11018(b),Nov. 2, 2002,116 Stat. 1825;Pub. L. 108–441, § 1(a)(1),Dec. 3, 2004,118 Stat. 2630;Pub. L. 109–477, § 2,Jan. 12, 2007,120 Stat. 3572;Pub. L. 110–362, § 1,Oct. 8, 2008,122 Stat. 4013;Pub. L. 111–9, § 2,Mar. 20, 2009,123 Stat. 989;Pub. L. 111–83, title V, § 568(b),Oct. 28, 2009,123 Stat. 2186;Pub. L. 112–176, § 4,Sept. 28, 2012,126 Stat. 1325, provided that:

[Pub. L. 118–47, div. G, title I, § 102,Mar. 23, 2024,138 Stat. 856, provided that:

[Pub. L. 117–328, div. O, title III, § 304,Dec. 29, 2022,136 Stat. 5228, provided that:

[Pub. L. 117–103, div. O, title II, § 203,Mar. 15, 2022,136 Stat. 788, provided that:

[Pub. L. 116–260, div. O, title I, § 103,Dec. 27, 2020,134 Stat. 2148, provided that:

[Pub. L. 116–94, div. I, title I, § 103,Dec. 20, 2019,133 Stat. 3019, provided that:

[Pub. L. 116–6, div. H, title I, § 103,Feb. 15, 2019,133 Stat. 475, provided that:

[Pub. L. 115–141, div. M, title II, § 203,Mar. 23, 2018,132 Stat. 1049, provided that:

[Pub. L. 115–31, div. F, title V, § 541,May 5, 2017,131 Stat. 432, provided that:

[Pub. L. 114–113, div. F, title V, § 574,Dec. 18, 2015,129 Stat. 2526, provided that:

[Pub. L. 109–477, § 3,Jan. 12, 2007,120 Stat. 3572, provided that:

[Pub. L. 108–441, § 1(a)(2),Dec. 3, 2004,118 Stat. 2630, provided that:

Pub. L. 103–317, title V, § 506(c),Aug. 26, 1994,108 Stat. 1766, as amended byPub. L. 105–46, § 123,Sept. 30, 1997,111 Stat. 1158;Pub. L. 105–119, title I, § 111(b),Nov. 26, 1997,111 Stat. 2458, provided that:

Pub. L. 105–46, § 123,Sept. 30, 1997,111 Stat. 1158, which directed the amendment ofsection 506(c) of Pub. L. 103–317, set out above, by striking “September 30, 1997” and inserting “October 23, 1997” was probably intended byCongress to extend the termination date “October 1, 1997” to “October 23, 1997”. For further temporary extensions of theOctober 23, 1997 termination date, see list of continuing appropriations acts contained in a Continuing Appropriations for Fiscal Year 1998 note set out undersection 635f of Title 12, Banks and Banking.

Pub. L. 103–43, title XX, § 2007(b),June 10, 1993,107 Stat. 210, provided that:

Amendment by sections 302(e)(6), 303(a)(5)(B), (6), (7)(B), 306(a)(10), (12), 307(a)–(g) ofPub. L. 102–232 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 310(1) of Pub. L. 102–232, set out as a note undersection 1101 of this title.

Pub. L. 102–232, title III, § 302(e)(9),Dec. 12, 1991,105 Stat. 1746, provided that the amendment made by section 302(e)(9) is effective as if included in theImmigration Nursing Relief Act of 1989,Pub. L. 101–238.

Amendment bysection 162(e)(1) of Pub. L. 101–649 effectiveOct. 1, 1991, and applicable beginning with fiscal year 1992, with general transition provisions and admissibility standards, see section 161(a), (c), (d) ofPub. L. 101–649, set out as a note undersection 1101 of this title.

Amendment bysection 162(f)(2)(B) of Pub. L. 101–649 applicable as though included in the enactment ofPub. L. 101–238, seesection 162(f)(3) of Pub. L. 101–649, set out as a note undersection 1101 of this title.

Pub. L. 101–649, title II, § 202(c),Nov. 29, 1990,104 Stat. 5014, provided that:

Amendment bysection 205(c)(3) of Pub. L. 101–649 effectiveOct. 1, 1991, seesection 231 of Pub. L. 101–649, set out as a note undersection 1101 of this title.

Pub. L. 101–649, title V, § 511(b),Nov. 29, 1990,104 Stat. 5052, provided that:

Pub. L. 101–649, title V, § 514(b),Nov. 29, 1990,104 Stat. 5053, provided that:

Amendment by section 601(a), (b), and (d) ofPub. L. 101–649 applicable to individuals entering United Stateson or afterJune 1, 1991, seesection 601(e)(1) of Pub. L. 101–649, set out as a note undersection 1101 of this title.

Pub. L. 101–238, § 3(d),Dec. 18, 1989,103 Stat. 2103, provided that:

Pub. L. 100–690, title VII, § 7349(b),Nov. 18, 1988,102 Stat. 4473, provided that:

Pub. L. 100–525, § 3,Oct. 24, 1988,102 Stat. 2614, provided that the amendment made by that section is effective as if included in the enactment ofPub. L. 99–396.

Pub. L. 100–525, § 7(d),Oct. 24, 1988,102 Stat. 2617, provided that:

Amendment bysection 8(f) of Pub. L. 100–525 effective as if included in the enactment of theImmigration and Nationality Act Amendments of 1986,Pub. L. 99–653, seesection 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendment note undersection 1101 of this title.

Amendment byPub. L. 99–653 applicable to visas issued, and admissions occurring, on or afterNov. 14, 1986, seesection 23(a) of Pub. L. 99–653, set out as a note undersection 1101 of this title.

Pub. L. 99–639, § 6(c), formerly § 6(b),Nov. 10, 1986,100 Stat. 3544, as redesignated and amended byPub. L. 100–525, § 7(c)(2),Oct. 24, 1988,102 Stat. 2616, provided that:

Pub. L. 99–570, title I, § 1751(c),Oct. 27, 1986,100 Stat. 3207–47, provided that:

Amendment byPub. L. 98–473 effectiveNov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, seesection 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note undersection 3551 of Title 18, Crimes and Criminal Procedure.

Pub. L. 97–116, § 5(c),Dec. 29, 1981,95 Stat. 1614, provided that:

Amendment byPub. L. 97–116 effectiveDec. 29, 1981, except as provided bysection 5(c) of Pub. L. 97–116, seesection 21(a) of Pub. L. 97–116, set out as a note undersection 1101 of this title.

Amendment bysection 203(d) of Pub. L. 96–212 effective, except as otherwise provided,Apr. 1, 1980, and amendment bysection 203(f) of Pub. L. 96–212 applicable, except as otherwise provided, to aliensparoled into the United Stateson or after the sixtieth day afterMar. 17, 1980, seesection 204 of Pub. L. 96–212, set out as a note undersection 1101 of this title.

Amendment byPub. L. 96–70 effectiveSept. 27, 1979, seesection 3201(d)(1) of Pub. L. 96–70, set out as a note undersection 1101 of this title.

Pub. L. 96–70, title III, § 3201(d)(2),Sept. 27, 1979,93 Stat. 497, provided that:

Amendment byPub. L. 94–571 effective on first day of first month which begins more than sixty days afterOct. 20, 1976, seesection 10 of Pub. L. 94–571, set out as a note undersection 1101 of this title.

Amendment bysection 601(d) of Pub. L. 94–484 applicable only on and afterJan. 10, 1978, notwithstandingsection 601(f) of Pub. L. 94–484, seesection 602(d) of Pub. L. 94–484, as added bysection 307(q)(3) of Pub. L. 95–83, set out as an Effective Date of 1977 Amendment note undersection 1101 of this title.

Pub. L. 94–484, title VI, § 601(f),Oct. 12, 1976,90 Stat. 2303, provided that:

For effective date of amendment byPub. L. 89–236 seesection 20 of Pub. L. 89–236, set out as a note undersection 1151 of this title.

Amendment by actJuly 18, 1956, effectiveJuly 19, 1956, see section 401 of actJuly 18, 1956.

Pub. L. 102–232, title III, § 302(e)(6),Dec. 12, 1991,105 Stat. 1746, provided that:

Pub. L. 106–95, § 2(d),Nov. 12, 1999,113 Stat. 1316, provided that:

Pub. L. 105–277, div. C, title IV, § 412(e),Oct. 21, 1998,112 Stat. 2681–645, provided that:

Pub. L. 104–208, div. C, title I, § 124(b)(2),Sept. 30, 1996,110 Stat. 3009–562, provided that:

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

For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.

Pub. L. 116–92, div. A, title XVII, § 1758,Dec. 20, 2019,133 Stat. 1860, provided that:

Pub. L. 115–330,Dec. 19, 2018,132 Stat. 4479, as amended byPub. L. 118–159, div. G, title LXXVIII, § 7812(f),Dec. 23, 2024,138 Stat. 2566, provided that:

Pub. L. 115–232, div. A, title XII, § 1291,Aug. 13, 2018,132 Stat. 2083, provided that:

Pub. L. 113–291, div. A, title XII, § 1264,Dec. 19, 2014,128 Stat. 3582, provided that:

Pub. L. 110–257, §§ 2, 3,July 1, 2008,122 Stat. 2426, provided that:

Pub. L. 110–229, title VII, § 702(k),May 8, 2008,122 Stat. 867, provided that:

Pub. L. 110–161, div. J, title VI, § 691(e),Dec. 26, 2007,121 Stat. 2365, provided that:

Pub. L. 118–47, div. F, title VII, § 7031(c),Mar. 23, 2024,138 Stat. 784, provided that:

Similar provisions were contained in the following prior acts:

Pub. L. 117–328, div. K, title VII, § 7031(c),Dec. 29, 2022,136 Stat. 5026.

Pub. L. 117–103, div. K, title VII, § 7031(c),Mar. 15, 2022,136 Stat. 615.

Pub. L. 116–260, div. K, title VII, § 7031(c),Dec. 27, 2020,134 Stat. 1743.

Pub. L. 116–94, div. G, title VII, § 7031(c),Dec. 20, 2019,133 Stat. 2865.

Pub. L. 116–6, div. F, title VII, § 7031(c),Feb. 15, 2019,133 Stat. 319.

Pub. L. 115–141, div. K, title VII, § 7031(c),Mar. 23, 2018,132 Stat. 884.

Pub. L. 115–31, div. J, title VII, § 7031(c),May 5, 2017,131 Stat. 640.

Pub. L. 114–113, div. K, title VII, § 7031(c),Dec. 18, 2015,129 Stat. 2755.

Pub. L. 113–235, div. J, title VII, § 7031(c),Dec. 16, 2014,128 Stat. 2620.

Pub. L. 113–76, div. K, title VII, § 7031(c),Jan. 17, 2014,128 Stat. 511.

Pub. L. 112–74, div. I, title VII, § 7031(c),Dec. 23, 2011,125 Stat. 1211.

Pub. L. 111–117, div. F, title VII, § 7084,Dec. 16, 2009,123 Stat. 3400.

Pub. L. 111–8, div. H, title VII, § 7086,Mar. 11, 2009,123 Stat. 912.

Pub. L. 110–161, div. J, title VI, § 699L,Dec. 26, 2007,121 Stat. 2373.

Pub. L. 107–56, title X, § 1006(b),Oct. 26, 2001,115 Stat. 394, provided that:

[Reference to the Director of Central Intelligence or the Director of theCentral Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of NationalIntelligence. Reference to the Director of Central Intelligence or the Director of theCentral Intelligence Agency in the Director’s capacity as the head of theCentral Intelligence Agency deemed to be a reference to the Director of theCentral Intelligence Agency. See section 1081(a), (b) ofPub. L. 108–458, set out as a note undersection 3001 of Title 50, War and NationalDefense.]

Pub. L. 106–95, § 3,Nov. 12, 1999,113 Stat. 1317, provided that:

Pub. L. 106–95, § 4(c),Nov. 12, 1999,113 Stat. 1318, provided that:

Pub. L. 104–302, § 1,Oct. 11, 1996,110 Stat. 3656, provided that:

For purposes of carrying out this chapter, any reference in subsec. (a)(1)(A) of this section to “inadmissible” is deemed to include a reference to “excludable”, and any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or anorder of deportation, seesection 309(d) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendment note undersection 1101 of this title.

Pub. L. 104–208, div. C, title VI, § 602(b),Sept. 30, 1996,110 Stat. 3009–689, provided that:

Pub. L. 103–447, title I, § 107,Nov. 2, 1994,108 Stat. 4695, provided that:

Pub. L. 103–236, title I, § 140(c),Apr. 30, 1994,108 Stat. 399, as amended byPub. L. 103–415, § 1(d),Oct. 25, 1994,108 Stat. 4299, provided that:

Pub. L. 103–236, title I, § 140(d)–(g),Apr. 30, 1994,108 Stat. 400, as amended byPub. L. 103–317, title V, § 505,Aug. 26, 1994,108 Stat. 1765;Pub. L. 104–208, div. C, title VI, § 671(g)(2),Sept. 30, 1996,110 Stat. 3009–724;Pub. L. 105–119, title I, § 126,Nov. 26, 1997,111 Stat. 2471, provided that:

Pub. L. 103–236, title I, § 140(b),Apr. 30, 1994,108 Stat. 399, provided that:

Pub. L. 102–138, title I, § 128,Oct. 28, 1991,105 Stat. 660, as amended byPub. L. 104–208, div. C, title III, § 308(d)(3)(C),Sept. 30, 1996,110 Stat. 3009–617, provided that:

Pub. L. 101–649, title I, § 122,Nov. 29, 1990,104 Stat. 4994, as amended byPub. L. 103–416, title II, § 219(ff),Oct. 25, 1995,108 Stat. 4319, provided that:

Pub. L. 101–649, title VI, § 601(c),Nov. 29, 1990,104 Stat. 5075, as amended byPub. L. 104–208, div. C, title III, § 308(d)(3)(B), (f)(1)(Q),Sept. 30, 1996,110 Stat. 3009–617, 3009–621, provided that:

Pub. L. 101–238, § 3(c),Dec. 18, 1989,103 Stat. 2103, provided that:

Pub. L. 100–204, title IX, § 901,Dec. 22, 1987,101 Stat. 1399, as amended byPub. L. 100–461, title V, § 555,Oct. 1, 1988,102 Stat. 2268–36;Pub. L. 101–246, title I, § 128,Feb. 16, 1990,104 Stat. 30, provided that no nonimmigrant alienwas to be denied a visa or excluded from admission into the United States, or subject to deportation because of any past, current or expected beliefs, statements or associations which, if engaged in by a United Statescitizen in the United States, would be protected under the Constitution of the United States, and which provided construction regarding excludable aliensand standing to sue, prior to repeal byPub. L. 101–649, title VI, § 603(a)(21),Nov. 29, 1990,104 Stat. 5084.

Pub. L. 99–396, § 14(b),Aug. 27, 1986,100 Stat. 842, as amended byPub. L. 100–525, § 3(1)(B),Oct. 24, 1988,102 Stat. 2614, directed Attorney Generalto issue, within 90 days afterAug. 27, 1986, regulations governing the admission, detention, and travel of nonimmigrant alienspursuant to the visa waiver authorized by the amendment made bysection 14(a) of Pub. L. 99–396, prior to repeal byPub. L. 101–649, title VI, § 603(a)(19),Nov. 29, 1990,104 Stat. 5084.

Pub. L. 99–396, § 14(c),Aug. 27, 1986,100 Stat. 842, as amended byPub. L. 100–525, § 3(1)(B), (C),Oct. 24, 1988,102 Stat. 2614, directed Attorney Generalto submit a report each year on implementation of8 U.S.C. 1182(l) to Committees on the Judiciary and Interior and Insular Affairs ofHouse of Representatives and Committees on the Judiciary and Energy and Natural Resources ofSenate, prior to repeal byPub. L. 101–649, title VI, § 603(a)(19),Nov. 29, 1990,104 Stat. 5084.

Pub. L. 99–93, title I, § 132,Aug. 16, 1985,99 Stat. 420, provided that:

[For transfer of functions, personnel, assets, and liabilities of theUnited States Customs Serviceof theDepartment of the Treasury, including functions of the Secretary of the Treasury relating thereto, to theSecretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and theDepartment of Homeland Security Reorganization Plan ofNovember 25, 2002, as modified, set out as a note undersection 542 of Title 6. For establishment of U.S. Customs and Border Protection in theDepartment of Homeland Security, treated as if included inPub. L. 107–296 as ofNov. 25, 2002, seesection 211 of Title 6, as amended generally byPub. L. 114–125, andsection 802(b) of Pub. L. 114–125, set out as a note undersection 211 of Title 6.]

Pub. L. 95–431, title VI, § 605,Oct. 10, 1978,92 Stat. 1045, provided that it was the sense ofCongress that United Statesgive special consideration to plight of refugeesfrom Democratic Kampuchea (Cambodia) and that Attorney Generalshould parole into United States, undersection 1182(d)(5) of this title for fiscal year 1979, 7,500 alienswho are nationalsor citizens of Democratic Kampuchea and for fiscal year 1980, 7,500 such aliens.

Pub. L. 95–412, § 5,Oct. 5, 1978,92 Stat. 909, as amended byPub. L. 96–212, title II, § 203(g),Mar. 17, 1980,94 Stat. 108, provided that any refugee, not otherwise eligible for retroactive adjustment of status, who was paroled into United Statesby Attorney Generalpursuant tosection 1182(d)(5) of this title beforeApr. 1, 1980, was to have his status adjusted pursuant to section 1153(g) and (h) of this title.

Pub. L. 95–370, title IV, § 401,Sept. 17, 1978,92 Stat. 627, directed Attorney General, byOctober 30, 1979, to report to specific congressional committees on certain cases of the admission to the United Statesof aliensthat may have been excludable under formersection 1182(a)(27) to (29) of this title.

Pub. L. 94–484, title VI, § 602(a), (b), as added byPub. L. 95–83, title III, § 307(q)(3),Aug. 1, 1977,91 Stat. 395, eff.Jan. 10, 1977, provided that an alienwho is a graduate of a medical school would be considered to have passed parts I and II of the NationalBoard of Medical Examiners Examination if the alienwas onJanuary 9, 1977, a doctor of medicine fully and permanently licensed to practice medicine in a State, held on that date a valid specialty certificate issued by a constituent board of the American Board of Medical Specialties, and was on that date practicing medicine in a State, prior to repeal byPub. L. 97–116, § 5(a)(3),Dec. 29, 1981,95 Stat. 1612.

Pub. L. 94–484, title IX, § 906,Oct. 12, 1976,90 Stat. 2325, directed Secretary of Health, Education, and Welfare, not later than one year afterOct. 12, 1976, to develop sufficient data to enable the Secretary of Labor to make equitable determinations with regard to applications for labor certification by graduates of foreign medical schools, such data to include the number of physicians (by specialty and by percent of population) in a geographic area necessary to provide adequate medical care, including such care in hospitals, nursing homes, and other health care institutions, in such area.

Pub. L. 86–648, §§ 1–4, 11,July 14, 1960,74 Stat. 504, 505, as amended byPub. L. 87–510, § 6,June 28, 1962,76 Stat. 124;Pub. L. 89–236, § 16,Oct. 3, 1965,79 Stat. 919, provided:

Pub. L. 85–559,July 25, 1958,72 Stat. 419, provided:

Pub. L. 118–47, div. F, title VII, § 7034(s)(1),Mar. 23, 2024,138 Stat. 793, provided that:

Similar provisions were contained in the following prior acts:

Pub. L. 117–328, div. K, title VII, § 7034(s)(1),Dec. 29, 2022,136 Stat. 5035.

Pub. L. 117–103, div. K, title VII, § 7034(t)(1),Mar. 15, 2022,136 Stat. 626.

Pub. L. 116–260, div. K, title VII, § 7034(q)(1),Dec. 27, 2020,134 Stat. 1753.

Suspension of entry of certainaliens into theUnited States were contained in the following Presidential proclamations:

Proc. No. 10685,Dec. 11, 2023,88 F.R. 86541, relating to immigrants and nonimmigrants enabling corruption.

Proc. No. 10309,Nov. 16, 2021,86 F.R. 64797, relating to immigrants and nonimmigrants responsible for policies or actions that threaten democracy in Nicaragua.

Proc. No. 10052,June 22, 2020,85 F.R. 38263, as amended by Proc. No. 10054,June 29, 2020,85 F.R. 40085; Proc. No. 10131, § 2,Dec. 31, 2020,86 F.R. 418; Proc. No. 10149, § 1,Feb. 24, 2021,86 F.R. 11847, relating to immigrants and nonimmigrants who present a risk to the United Stateslabor market following the COVID–19 pandemic, expiredMar. 31, 2021.

Proc. No. 10043,May 29, 2020,85 F.R. 34353, relating to certain students and researchers from the People’s Republic of China.

Proc. No. 10014,Apr. 22, 2020,85 F.R. 23441, as amended by Proc. No. 10052, § 1,June 22, 2020,85 F.R. 38264; Proc. No. 10131, § 1,Dec. 31, 2020,86 F.R. 418, relating to immigrants who present a risk to the United Stateslabor market following the COVID–19 pandemic, was revoked by Proc. No. 10149, § 1,Feb. 24, 2021,86 F.R. 11847.

Proc. No. 9945,Oct. 4, 2019,84 F.R. 53991, relating to immigrants who will financially burden the United Stateshealthcare system, was revoked by Proc. No. 10209,May 14, 2021,86 F.R. 27015.

Proc. No. 9932,Sept. 25, 2019,84 F.R. 51935, relating to senior officials of the government of Iran.

Proc. No. 9931,Sept. 25, 2019,84 F.R. 51931, relating to persons responsible for policies or actions that threaten Venezuela’s democratic institutions.

Proc. No. 8697,Aug. 4, 2011,76 F.R. 49277, relating to persons who participate in serious human rights and humanitarian law violations and other abuses.

Proc. No. 8693,July 24, 2011,76 F.R. 44751, relating to alienssubject toUnited Nations Security Council travel bans andInternational Emergency Economic Powers Act sanctions.

Proc. No. 8342,Jan. 16, 2009,74 F.R. 4093, relating to foreign government officials responsible for failing to combat trafficking in persons.

Proc. No. 7750,Jan. 12, 2004,69 F.R. 2287, relating to persons engaged in or benefiting from corruption.

Suspension of entry into theUnited States of alienswho were physically present in certain countries during the COVID–19 pandemic were contained in the following Presidential proclamations:

Proc. No. 10315,Nov. 26, 2021,86 F.R. 68385, relating to noncitizens who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe, was revoked by Proc. No. 10329,Dec. 28, 2021,87 F.R. 149.

Proc. No. 10294,Oct. 25, 2021,86 F.R. 59603, relating to certain noncitizens who are nonimmigrants and who are not fully vaccinated against COVID–19 arriving by air, was revoked in part, effectiveMay 12, 2023, by Proc. No. 10575,May 9, 2023,88 F.R. 30889.

Proc. No. 10199,Apr. 30, 2021,86 F.R. 24297, relating to noncitizens entering as nonimmigrants who were physically present within the Republic of India, was revoked by Proc. No. 10294, § 1,Oct. 25, 2021,86 F.R. 59604.

Proc. No. 10143,Jan. 25, 2021,86 F.R. 7467, relating to noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil, was revoked by Proc. No. 10294, § 1,Oct. 25, 2021,86 F.R. 59604.

Proc. No. 10041,May 24, 2020,85 F.R. 31933, as amended by Proc. No. 10042,May 25, 2020,85 F.R. 32291, relating to alienspresent in the Federative Republic of Brazil, was revoked by Proc. No. 10138,Jan. 18, 2021,86 F.R. 6799.

Proc. No. 9996,Mar. 14, 2020,85 F.R. 15341, relating to alienspresent in the United Kingdom and Republic of Ireland, was revoked by Proc. No. 10138,Jan. 18, 2021,86 F.R. 6799.

Proc. No. 9993,Mar. 11, 2020,85 F.R. 15045, relating to alienspresent in the Schengen Area, was revoked by Proc. No. 10138,Jan. 18, 2021,86 F.R. 6799.

Proc. No. 9992,Feb. 29, 2020,85 F.R. 12855, as amended by Proc. No. 10143, § 5,Jan. 25, 2021,86 F.R. 7469, relating to alienspresent in the Islamic Republic of Iran, was revoked by Proc. No. 10294, § 1,Oct. 25, 2021,86 F.R. 59604.

Proc. No. 9984,Jan. 31, 2020,85 F.R. 6709, as amended by Proc. No. 9992, § 4,Feb. 29, 2020,85 F.R. 12857; Proc. No. 10143, § 5,Jan. 25, 2021,86 F.R. 7469, relating to alienspresent in the People’s Republic of China, was revoked by Proc. No. 10294, § 1,Oct. 25, 2021,86 F.R. 59604.

Proc. No. 4865,Sept. 29, 1981,46 F.R. 48107, provided:

The ongoing migration of persons to theUnited States in violation of our laws is a serious nationalproblem detrimental to the interests of theUnited States. A particularly difficult aspect of the problem is the continuing illegal migration by sea of large numbers of undocumented aliensinto the southeasternUnited States. These arrivals have severely strained the law enforcement resources of the Immigration andNaturalization Serviceand have threatened the welfare and safety of communities in that region.

As a result of our discussions with the Governments of affected foreign countries and with agencies of the Executive Branch of our Government, I have determined that new and effective measures to curtail these unlawful arrivals are necessary. In this regard, I have determined that international cooperation to intercept vessels trafficking in illegal migrants is a necessary and proper means of insuring the effective enforcement of our laws.

NOW, THEREFORE, I, RONALD REAGAN, President of theUnited States of America, by the authority vested in me by the Constitution and the statutes of theUnited States, including Sections 212(f) and 215(a)(1) of theImmigration and Nationality Act, as amended (8 U.S.C. 1182(f) and 1185(a)(1)), in order to protect the sovereignty of the United States, and in accordance with cooperative arrangements with certain foreign governments, and having found that the entry of undocumented aliens, arriving at the borders of the United Statesfrom the high seas, is detrimental to the interests of the United States, do proclaim that:

The entry of undocumentedaliens from the high seas is hereby suspended and shall be prevented by the interdiction of certain vessels carrying suchaliens.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord nineteen hundred and eighty-one, and of the Independence of theUnited States of America the two hundred and sixth.

Proc. No. 9645,Sept. 24, 2017,82 F.R. 45161, as amended by Proc. No. 9723, § 1,Apr. 10, 2018,83 F.R. 15939; Proc. No. 9983, § 3,Jan. 31, 2020,85 F.R. 6706, which prohibited entry into the United Statesby nationalsof certain countries unless they are approved for a waiver, was revoked by Proc. No. 10141,Jan. 20, 2021,86 F.R. 7005.

Proc. No. 9983,Jan. 31, 2020,85 F.R. 6699, which prohibited entry into the United Statesby nationalsof certain countries, was revoked by Proc. No. 10141,Jan. 20, 2021,86 F.R. 7005.

Proc. No. 10773,June 3, 2024,89 F.R. 48487, as amended by Proc. No. 10817, §§ 1, 2,Sept. 27, 2024,89 F.R. 80352, provided:

There are more people around the world who are displaced from their homes today than at any point in time since World War II. Many factors have contributed to this problem. Failing regimes and dire economic conditions afflict many countries, including several in the Western Hemisphere. Violence linked to transnational criminalorganizations has displaced substantialnumbers of people in Latin America. The global COVID–19 pandemic upended societies around the globe. Natural disasters have forced people from their homes.

As a result of these global conditions, we have been experiencingsubstantial levels of migration throughout the Western Hemisphere, including at our southwest land border. In 2019, encounters nearly doubled from their 2018 level to almost 1 million. In 2020, the global COVID–19 pandemic led countries throughout the world to shut their borders and suspend international travel; however, once the pandemic began to recede, international travel resumed, and we again experienced elevated levels of migration throughout the Western Hemisphere, including at our southwest land border.

OnMay 11, 2023, as part of my Administration’s work to prepare for the end of theCenters for Disease Control and Prevention’s public health order under title 42, United StatesCode, and to return to processing all noncitizens under immigration authorities under title 8, United StatesCode (title 8), theDepartment of Homeland Security (DHS) and theDepartment of Justice (DOJ) issued a final rule, entitled Circumvention of Lawful Pathways (Lawful Pathways rule), encouraging the use of lawful pathways and imposing a rebuttable presumption of asylum ineligibility on those who do not use them.

The Lawful Pathways rule was designed to address the high levels of migration throughout the Western Hemisphere and further discourage irregular migration by encouraging migrants to use lawful, safe, and orderly processes for entering theUnited States or to seek protection in other partner nations; imposing a presumptive condition on asylum eligibility for those who fail to do so; and supporting the swift return of those who do not have valid protection claims.

As a complement to the Lawful Pathways rule and associated enforcement efforts, theDepartment of State and DHS have taken significant steps to expand safe and orderly pathways for migrants to enter the United Stateslawfully. Those steps include establishing Safe Mobility Offices in Colombia, Costa Rica, Ecuador, and Guatemala to facilitate access to lawful pathways; expanding country-specific and other available processes to seek parole on a case-by-case basis for urgent humanitarian reasons or significant public benefit; expanding access to visa programs for seasonal employment; establishing a mechanism for noncitizens to schedule a time and place to present at ports of entry in a safe, orderly, and lawful manner through the CBP One mobile application; and expanding refugeeadmissions from the Western Hemisphere from 5,000 in Fiscal Year 2021 to up to 50,000 in Fiscal Year 2024.

The Lawful Pathways rule and these complementary measures have made asubstantial impact. OnMay 12, 2023, DHS returned to processing all noncitizens under title 8 immigration authorities and is processing noncitizens at record scale and efficiency. Since then, my Administration has maximized the use of expedited removal to the greatest extent possible given limited resources, placing more than 970 individuals encountered at and between ports of entry at the southwest land border into the process each day on average and conducting more than 152,000 credible fear interviews, both of which are record highs. As a result, fromMay 12, 2023, toMay 1, 2024, my Administration removed or returned more than 720,000 noncitizens who did not have a lawful basis to remain in the United States, the vast majority of whom crossed the southwest land border. Total removals and returns in the 12 months followingMay 12, 2023, exceeded removals and returns in every full Fiscal Year since 2010. The majority of all individuals encountered at the southwest land border from Fiscal Year 2021 to Fiscal Year 2023 were removed, returned, or expelled.

Despite these efforts, and after months of reduced encounter levels following the changes put in place afterMay 12, 2023, encounter levels increased toward the end of 2023, and December 2023 saw the highest level of encounters between ports of entry in history, as increasing numbers of people migrated through the Western Hemisphere. The challenges presented by this surge in migration, which would have been even worse had the Lawful Pathways rule and other measures not been in place, were compounded by the fact that the surge was focused increasingly on western areas of the border in California and Arizona that are geographically remote, challenging to address, and without sufficient pre-existing infrastructure or resources to respond to the surge. From January to March 2024, encounters decreased from and have remained below levels experienced in November and December 2023, including as a result of increased enforcement by the United Statesand partner countries. However, the factors that are driving the unprecedented movement of people in our hemisphere remain, and there is still a substantialand elevated level of migration that continues to pose significant operational challenges.

The current situation is also the direct result of theCongress’s failure to update an immigration and asylum system that is simply broken—and not equipped to meet current needs. While my Administration has vigorously enforced the law within the constraints imposed by the existing system, the statutory framework put in place by theCongress is outdated. For the vast majority of people in immigration proceedings, the current laws make it impossible to quickly grant protection to those who require it and to quickly remove those who do not establish a legal basis to remain in the United States. This reality is compounded by the fact that theCongress has chronically underfunded our border security and immigration system and has failed to provide the resources or reforms it needs to be able to deliver timely consequences to most individuals who cross unlawfully and cannot establish a legal basis to remain in the United States.

Despite the strengthened consequences in place at our border through the Lawful Pathways rule and the related measures that have led to record returns and removals, encounter levels are exceeding our capacity to deliver those consequences in a timely manner due to the outdated laws and limited resources we have available.

My Administration has repeatedly asked theCongress to update the outdated and inadequate immigration statutes, to create a legal framework that is functional and addresses current realities, and to provide additional resources so that we can more effectively deliver consequences at the border. In August 2023, I requested more than $4 billion in additional funding for border security and related migration issues, including more than $2 billion for urgent DHS border management requirements. TheCongress failed to act. In October 2023, I requested $13.6 billion for border enforcement and migration management. This request included more than $5 billion for DHS to manage conditions on the southern border, as well as funding for critical capacity enhancements to keep the southern border secure. TheCongress once again failed to provide our border and immigration system with the resources it needs to deliver timely consequences to those who cross unlawfully.

In early February 2024, a bipartisan group of Senators introduced legislation (bipartisan legislative proposal) containing the toughest and fairest reforms of our asylum laws in decades that would have provided new authorities to significantly streamline and speed up immigration enforcement proceedings for individuals encountered at the border, including those who are seeking protection. Critically, the bipartisan legislative proposal included nearly $20 billion in additional resources for DHS and other departments to implement those new authorities, such as:

(a) over 1,500 new U.S. Customs and Border Protection (CBP) personnel, including Border Patrol agents and CBP officers;

(b) over 4,300 new asylum officers and additional U.S. Citizenship and ImmigrationServices staff to facilitate timely and fair decisions;

(c) 100 new immigration judge teams to help reduce the asylum caseload backlog and adjudicate cases more quickly;

(d) shelter and criticalservices for newcomers in our cities and States; and

(e) 1,200 new U.S. Immigration and Customs Enforcement personnel for functions including enforcement and deportations.

While the bipartisan legislative proposal did not include everything we wanted, senior officials from my Administration worked closely with the bipartisan group of Senators to ensure that the reforms would adequately address the challenges that we have been facing at our southern border for more than a decade. However, theCongress failed to move forward with this bipartisan legislative proposal.

The Further Consolidated Appropriations Act, 2024 (Public Law 118–47) [see Tables for classification] increased funding for DHS over Fiscal Year 2023, but it did not address the needs identified in various related supplemental requests, nor did it equip the Federal Government with the new authorities from the bipartisan legislative proposal. In May 2024, when theSenate again considered the bipartisan legislative proposal, theSenate failed to advance the measure.

Our broken immigration system is directly contributing to the historic migration we are seeing throughout the Western Hemisphere, exacerbated by poor economic conditions, natural disasters, and general insecurity, and this fact, combined with inadequate resources to keep pace, has once again severely strained our capacity at the border. The result is a vicious cycle in which ourUnited States Border Patrol facilities constantly risk overcrowding, our detention system has regularly been at capacity, and our asylum system remains backlogged and cannot deliver timely decisions, all of which spurs more people to make the dangerous journey north to theUnited States.

TheCongress’s failure to deliver meaningful policy reforms and adequate funding, despite repeated requests that they do so, is a core cause of this problem. Under current law, whenever a noncitizen in expedited removal indicates an intention to apply for asylum or a fear of persecution, they are referred for an interview with an asylum officer and cannot be removed through expedited removal if there is a significant possibility that they could establish eligibility for asylum. This screening standard is a requirement imposed by theCongress, but it has not functioned well in predicting ultimate success in asylum proceedings. From 2014 to 2019, 83 percent of individuals referred for an interview with an asylum officer passed the screening stage, meaning that they were not removed pursuant to expedited removal, but less than 25 percent of cases ultimately resulted in a grant of asylum or other protection, often after waiting years to reach a final decision. By imposing a rebuttable presumption of asylum ineligibility on those who cross the border unlawfully, the Lawful Pathways rule has made a meaningful impact in reducing this disparity. The screen-in rate fromMay 12, 2023, toMarch 31, 2024, dropped to 52 percent for individuals who are subject to the rebuttable presumption of asylum ineligibility. However, the Lawful Pathways rule alone is inadequate during times of record encounter levels and cannot change the underlying statutory limitations.

Data confirm that the system has been badly strained for many years and is not functioning to provide timely relief for those who warrant it or timely consequences for those without viable protection claims. Due to an outdated and inefficient system and insufficient resources that do not allow for prompt adjudication of claims, too many people have had to be processed by the Border Patrol and released with a notice to appear in removal proceedings before an immigration judge since May 2023. The U.S. Citizenship and ImmigrationService affirmative asylum backlog is now over 1 million cases and growing, with over 300,000 applications filed prior to 2021 still pending. At the end of Fiscal Year 2023, there were over 2.4 million cases pending in the immigration courts. Pending cases more than doubled from the end of Fiscal Year 2016 to the end of Fiscal Year 2020 and doubled again between that time and the end of Fiscal Year 2023. Between Fiscal Year 2006 and the end of Fiscal Year 2023, in tandem with historic increases in filings to initiate immigration court proceedings, the immigration courts’ pending caseload increased from approximately 170,000 to approximately 2.46 million. During Fiscal Year 2023, immigration judges completed more cases than they ever had before in a single year, but more than twice as many cases were received by the immigration courts than were completed.