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

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

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

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

Section 4605(j)(1)(A) of title 50, referred to in subsec. (c)(4)(F)(iii)(I), was repealed byPub. L. 115–232, div. A, title XVII, § 1766(a),Aug. 13, 2018,132 Stat. 2232. Provisions similar to those in formersection 4605(j)(1)(A) of title 50 can be found insection 4813(c)(1)(A)(i) of title 50, as enacted byPub. L. 115–232.

This chapter, referred to in subsecs. (c)(4)(H), (e), and (j), 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 of the Violence Against Women andDepartment of Justice Reauthorization Act of 2005, referred to in subsecs. (d)(3)(A) and (r)(5)(A), issection 3 of Pub. L. 109–162, which enacted sections 10447 and 12291 of Title 34, Crime Control and Law Enforcement, amended sections 10448, 10465, 12351, 12409, and 12464 of Title 34, repealed formersection 3796gg–2 of Title 42, The Public Health and Welfare, and amended provisions set out as a note undersection 10447 of Title 34.

In subsec. (f)(1), “section 116 of title 46” substituted for “section 2101(46) of title 46, United StatesCode” on authority ofPub. L. 109–304, § 18(c),Oct. 6, 2006,120 Stat. 1709, section 4 of which enacted subtitle I of Title 46, Shipping.

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 L. 116–113 subsequently repealed subsecs.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

2020—Subsec. (e)(1).Pub. L. 116–113, § 503(c)(1)(C), substituted “Annex 16–A of the USMCA (as defined insection 4502 of title 19)” for “Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as ‘NAFTA’)” and “For purposes of this paragraph, the term‘citizen of Mexico’ means ‘citizen’ as defined in article 16.1 of the USMCA.” for “The admission of an alienwho is a citizen of Mexicoshall be subject to paragraphs (3), (4), and (5). For purposes of this paragraph and paragraphs (3), (4), and (5), the term‘citizen of Mexico’ means ‘citizen’ as defined in Annex 1608 of NAFTA.”

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

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

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

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

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

2015—Subsec. (g)(9)(A).Pub. L. 114–113 substituted “2013, 2014, or 2015 shall not again be counted toward such limitation during fiscal year 2016.” for “2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007.”

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

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

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

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

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

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

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

2008—Subsec. (a)(1).Pub. L. 110–229 substituted “Guam or the Commonwealth of the Northern Mariana Islands” for “Guam” wherever appearing and substituted “45 days” for “fifteen days”.

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

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

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

Subsec. (p)(6).Pub. L. 110–457, § 201(c), inserted at end “TheSecretary of Homeland Security may extend, beyond the 4-year period authorized under this section, the authorized period of status of an alienas a nonimmigrant undersection 1101(a)(15)(U) of this title if the Secretary determines that an extension of such period is warranted due to exceptional circumstances. Such alien’s nonimmigrant status shall be extended beyond the 4-year period authorized under this section if the alienis eligible for relief undersection 1255(m) of this title and is unable to obtain such relief because regulations have not been issued to implement such section and shall be extended during the pendency of an application for adjustment of status undersection 1255(m) of this title. The Secretary may grant work authorization to any alienwho has a pending, bona fide application for nonimmigrant status undersection 1101(a)(15)(U) of this title.”

2006—Subsec. (c)(4)(A)(i), (ii).Pub. L. 109–463, § 2(a), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:

“(i) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, and

“(ii) seeks to enter theUnited States temporarily and solely for the purpose of performing as such an athlete with respect to a specific athletic competition.”

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

Subsec. (d).Pub. L. 109–162, § 832(a)(1), designated existing provisions as par. (1), inserted after second sentence “Such information shall include information on any criminal convictionsof the petitioner for any specified crime.”, substituted “Secretary of Homeland Security” for“Attorney General” wherever appearing, and added pars. (2) and (3).

Subsec. (g)(9)(A).Pub. L. 109–364, § 1074(a)(1), substituted “Subject to subparagraphs (B) and (C), an alienwho has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007” for “Subject to subparagraphs (B) and (C), an alienwho has already been counted toward the numerical limitations of paragraph (1)(B) during any 1 of the 3 fiscal years prior to the fiscal year of the approved start date of a petition for a nonimmigrant worker described insection 1101(a)(15)(H)(ii)(b) of this title shall not be counted toward such limitation for the fiscal year in which the petition is approved”.

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

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

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

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

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

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

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

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

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

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

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

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

2004—Subsec. (c)(2)(A).Pub. L. 108–447, § 413(a), struck out at end “In the case of an alienseeking admission undersection 1101(a)(15)(L) of this title, the 1-year period of continuous employment required under such section is deemed to be reduced to a 6-month period if the importing employer has filed a blanket petition under this subparagraph and met the requirements for expedited processing of alienscovered under such petition.”

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

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

Subsec. (c)(9)(B).Pub. L. 108–447, § 422(b)(2), (3), substituted “$1,500” for “$1,000” and inserted before period at end “except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States(determined by including any affiliate or subsidiary of such employer)”.

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

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

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

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

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

Subsec. (l)(1)(D).Pub. L. 108–441, § 1(c), (d), substituted “agrees to practice primary care or specialty medicine” for “agrees to practice medicine” and “except that—” for “except that, in the case of a request by theDepartment of Veterans Affairs, the alienshall not be required to practice medicine in a geographic area designated by the Secretary.” and added cls. (i) to (iii).

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

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

Subsec. (c)(1).Pub. L. 108–77, §§ 107(c), 404(2), temporarily substituted “subparagraph (H), (L), (O), or (P)(i) ofsection 1101(a)(15) of this title (excluding nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title)” for “section 1101(a)(15)(H), (L), (O), or (P)(i) of this title”. See Effective and Termination Dates of 2003 Amendments note below.

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

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

Subsec. (g)(8)(A).Pub. L. 108–78, §§ 107(c), 402(1), temporarily amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The agreement referred to in section 1101(a)(15)(H)(i)(b1) of this title is the United States-Chile Free Trade Agreement.” See Effective and Termination Dates of 2003 Amendments note below.

Subsec. (g)(8)(B)(ii).Pub. L. 108–78, §§ 107(c), 402(2), temporarily amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “The annual numerical limitations described in clause (i) shall not exceed 1,400 for nationalsof Chile for any fiscal year. For purposes of this clause, the term‘national’ has the meaning given such term in article 14.9 of the United States-Chile Free Trade Agreement.” See Effective and Termination Dates of 2003 Amendments note below.

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

Subsec. (i)(1).Pub. L. 108–77, §§ 107(c), 402(a)(2)(A)(i), temporarily substituted “Except as provided in paragraph (3), for purposes” for “For purposes”. See Effective and Termination Dates of 2003 Amendments note below.

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

Subsec. (j).Pub. L. 108–77, §§ 107(c), 403, temporarily designated existing provisions as par. (1), substituted “this paragraph” for “this subsection” in two places, and added par. (2). See Effective and Termination Dates of 2003 Amendments note below.

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

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

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

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

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

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

Subsec. (q).Pub. L. 108–193, § 8(a)(3), redesignated subsec. (o), relating to employment of nonimmigrants described insection 1101(a)(15)(V) of this title, as (q).

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

2002—Subsec. (c)(2)(A).Pub. L. 107–125, § 2(a), inserted at end “In the case of an alienseeking admission undersection 1101(a)(15)(L) of this title, the 1-year period of continuous employment required under such section is deemed to be reduced to a 6-month period if the importing employer has filed a blanket petition under this subparagraph and met the requirements for expedited processing of alienscovered under such petition.”

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

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

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

Subsec. (m).Pub. L. 107–274 substituted “clause (i) or (iii) of section 1101(a)(15)(F)” for “section 1101(a)(15)(F)(i)” in two places in subsec. (m) relating to nonimmigrant elementary and secondary school students.

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

Pub. L. 107–45, § 1(1), which directed that subsec. (k) be amended by striking (2), was executed by striking par. (2) to reflect the probable intent ofCongress. Prior to amendment, par. (2) read as follows: “No alienmay be admitted into the United Statesas such a nonimmigrant more than 7 years afterSeptember 13, 1994.”

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

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

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

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

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

Subsec. (c)(9)(A).Pub. L. 106–311, § 1(1), substituted “(excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined insection 1001(a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing beforeOctober 1, 2003” for “(excluding an employer described in subparagraph (A) or (B) ofsection 1182(p)(1) of this title) filing (on or afterDecember 1, 1998, and beforeOctober 1, 2001)”.

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

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

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

Subsec. (g)(1)(A)(iv) to (vii).Pub. L. 106–313, § 102(a), added cls. (iv) to (vi), redesignated former cl. (v) as (vii), and struck out former cl. (iv) which read as follows: “107,500 in fiscal year 2001; and”.

Subsec. (g)(3).Pub. L. 106–313, § 108, amended par. (3) generally. Prior to amendment, par. (3) read as follows:“Alienswho are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status.”

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

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

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

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

Pub. L. 106–313, § 105(a), added subsec. (m) relating to increased portability of H–1B status.

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

Subsec. (o).Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(b)], added subsec. (o) relating to employment of nonimmigrants described insection 1101(a)(15)(V) of this title.

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

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

1999—Subsec. (k)(2).Pub. L. 106–104 substituted “7 years” for “5 years”.

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

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

1997—Subsec. (l)(1)(D).Pub. L. 105–65 inserted before period at end “, except that, in the case of a request by theDepartment of Veterans Affairs, the alienshall not be required to practice medicine in a geographic area designated by the Secretary”.

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

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

Subsec. (d).Pub. L. 104–208, § 308(g)(5)(A)(i), (7)(A), substituted “sections 1229a and 1231” for “sections 1252 and 1253”.

Pub. L. 104–208, § 308(f)(1)(H), substituted “admission” for “entry”.

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

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

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

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

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

Pub. L. 104–208, § 622(c), amended subsec. (k) generally, substituting provisions relating to requests by interested Stateand Federal agencies for waivers of the two-year foreign residencerequirement undersection 1182(e) of this title for former provisions relating to requests by interested Stateagencies for such waivers.

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

Subsec. (l).Pub. L. 104–208, § 671(a)(3)(A), redesignated subsec. (k) as (l).

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

1994—Subsec. (j).Pub. L. 103–322 added subsec. (j) relating to numerical limitations on the number of aliensprovided with nonimmigrant visas.

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

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

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

1991—Subsec. (a)(2)(A).Pub. L. 102–232, § 303(a)(11), substituted “described in section 1101(a)(15)(O)” for “under section 1101(a)(15)(O)”.

Pub. L. 102–232, § 205(d), inserted “(or events)” after “event”.

Subsec. (a)(2)(B).Pub. L. 102–232, § 206(a), designated cl. (i) as subpar. (B) and struck out cl. (ii) which read as follows: “An alienwho is admitted as a nonimmigrant under clause (ii) or (iii) ofsection 1101(a)(15)(P) of this title may not be readmitted as such a nonimmigrant unless the alienhas remained outside the United Statesfor at least 3 months after the date of the most recent admission. The Attorney Generalmay waive the application of the previous sentence in the case of individual tours in which the application would work an undue hardship.”

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

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

Subsec. (c)(3).Pub. L. 102–232, § 205(e), inserted at end “The Attorney Generalshall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of alienswho have been admitted as nonimmigrants undersection 1101(a)(15)(O)(i) of this title because of extraordinary abilityin the arts and who seek readmission to perform similar serviceswithin 2 years after the date of a consultation under such subparagraph. Not later than 5 days after the date such a waiver is provided, the Attorney Generalshall forward a copy of the petition and all supporting documentation to the nationaloffice of an appropriate labor organization.”

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

Subsec. (c)(3)(B).Pub. L. 102–232, § 204(2), substituted “after consultation in accordance with paragraph (6) or, in the case of such an alienseeking entry for a motion picture or television production, after consultation with such a labor organizationand a management organizationin the area of the alien’s ability” for “after consultation with labor organizationswith expertise in the skill area involved”.

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

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

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

Subsec. (c)(4)(D).Pub. L. 102–232, § 204(4), substituted “after consultation in accordance with paragraph (6)” for “after consultation with labor organizationswith expertise in the specific field of athletics or entertainment involved”.

Pub. L. 102–232, § 203(b), redesignated subpar. (B) as (D).

Subsec. (c)(4)(E).Pub. L. 102–232, § 206(c)(2), struck out before period at end “, in order to assure reciprocity in fact with foreign states”.

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

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

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

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

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

Subsec. (g)(1).Pub. L. 102–232, § 202(a), inserted “or” at end of subpar. (A), substituted a period for “, or” at end of subpar. (B), and struck out subpar. (C) which read as follows: “under section 1101(a)(15)(P)(i) orsection 1101(a)(15)(P)(iii) of this title may not exceed 25,000.”

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

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

Subsec. (c).Pub. L. 101–649, §§ 206(b), 207(b)(2)(B), designated existing provisions as par. (1), substituted reference to section 1101(a)(15)(H), (L), (O), or (P)(i) of this title for reference to section 1101(a)(15)(H) or (L) of this title, and added pars. (2) to (6).

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

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

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

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

1986—Subsec. (a).Pub. L. 99–603, § 313(b), inserted provision directing that no alienadmitted without a visa pursuant tosection 1187 of this title may be authorized to remain in the United Statesas a nonimmigrant visitor for a period exceeding 90 days from the date of admission.

Subsec. (c).Pub. L. 99–603, § 301(b), as amended byPub. L. 100–525, § 2(l)(1), inserted provisions re­lating to nonimmigrants described insection 1101(a)(15)(H)(ii)(a) of this title.

Subsec. (d).Pub. L. 99–639, § 3(a), substituted “have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry,” for “have a bona fide intention to marry”, and inserted “, except that the Attorney Generalin his discretion may waive the requirement that the parties have previously met in person”.

Pub. L. 99–639, § 3(c), struck out last sentence which read: “In the event the marriage between the said alienand the petitioner shall occur within three months after the entry and they are found otherwise admissible, the Attorney Generalshall record the lawful admission for permanentresidence of the alienand minor children as of the date of the payment of the required visa fees.”

1984—Subsec. (a).Pub. L. 98–454 inserted “No alienadmitted to Guam without a visa pursuant to section 1182(l) of this title may be authorized to enter or stay in the United Statesother than in Guam or to remain in Guam for a period exceeding fifteen days from date of admission to Guam.”

1970—Subsec. (c).Pub. L. 91–225, § 3(a), inserted reference to subpar. (L) ofsection 1101(a)(15) of this title.

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

Pub. L. 116–113, title V, § 503(f),Jan. 29, 2020,134 Stat. 72, provided that:

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

Pub. L. 113–4, title VIII, § 805(b),Mar. 7, 2013,127 Stat. 111, provided that:

Amendment byPub. L. 110–457 effectiveDec. 23, 2008, and applicable to applications for immigration benefits filed on or afterDec. 23, 2008, seesection 201(f) of Pub. L. 110–457, set out as a note undersection 1101 of this title.

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. 109–364, div. A, title X, § 1074(c),Oct. 17, 2006,120 Stat. 2403, provided that:

Pub. L. 109–162, title VIII, § 832(a)(3),Jan. 5, 2006,119 Stat. 3068, provided that:

Pub. L. 109–13, div. B, title IV, § 402(b),May 11, 2005,119 Stat. 318, as amended byPub. L. 109–364, div. A, title X, § 1074(b),Oct. 17, 2006,120 Stat. 2403, provided that:

Pub. L. 109–13, div. B, title IV, § 403(c),May 11, 2005,119 Stat. 319, provided that:

Pub. L. 109–13, div. B, title IV, § 404(b),May 11, 2005,119 Stat. 320, provided that:

Pub. L. 108–447, div. J, title IV, § 412(b),Dec. 8, 2004,118 Stat. 3352, provided that:

Pub. L. 108–447, div. J, title IV, § 413(b),Dec. 8, 2004,118 Stat. 3352, provided that:

Pub. L. 108–447, div. J, title IV, § 417,Dec. 8, 2004,118 Stat. 3353, provided that:

Amendment by sections 422(b) and 426(a) ofPub. L. 108–447 effectiveDec. 8, 2004, and amendment bysection 425(a) of Pub. L. 108–447 effective 90 days afterDec. 8, 2004, seesection 430 of Pub. L. 108–447, set out as a note undersection 1182 of this title.

Pub. L. 108–447, div. J, title IV, § 426(c),Dec. 8, 2004,118 Stat. 3358, provided that:

Amendment byPub. L. 108–78 effective on the date the United States-Singapore 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. 108–78, set out in a note undersection 3805 of Title 19, Customs Duties.

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 as a note undersection 3805 of Title 19, Customs Duties.

Amendment byPub. L. 107–273 effective as if enactedMay 31, 2002, seesection 11018(d) of Pub. L. 107–273, set out as a note undersection 1182 of this title.

Amendment by section 1(a)(2) [title XI, § 1102(b), (d)(1)] ofPub. L. 106–553 effectiveDec. 21, 2000, and applicable to alienwho is beneficiary of classification petition filed undersection 1154 of this title on or beforeDec. 21, 2000, see section 1(a)(2) [title XI, § 1102(e)] ofPub. L. 106–553, set out as a note undersection 1101 of this title.

Amendment by section 1(a)(2) [title XI, § 1103(b), (c)(1)] ofPub. L. 106–553 effectiveDec. 21, 2000, and applicable to alienwho is beneficiary of classification petition filed undersection 1154 of this title before, on, or afterDec. 21, 2000, see section 1(a)(2) [title XI, § 1103(d)] ofPub. L. 106–553, set out as a note undersection 1101 of this title.

Pub. L. 106–313, title I, § 105(b),Oct. 17, 2000,114 Stat. 1253, provided that:

Pub. L. 106–311, § 2,Oct. 17, 2000,114 Stat. 1247, provided that:

Pub. L. 105–277, div. C, title IV, § 411(b),Oct. 21, 1998,112 Stat. 2681–642, provided that:

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

Amendment bysection 625(a)(1) of Pub. L. 104–208 applicable to individuals who obtain status of nonimmigrant undersection 1101(a)(15)(F) of this title after end of 60-day period beginningSept. 30, 1996, including alienswhose status as such a nonimmigrant is extended after end of such period, seesection 625(c) of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Amendment bysection 671(a)(3)(A) of Pub. L. 104–208 effective as if included in the enactment of theViolent Crime Control and Law Enforcement Act of 1994,Pub. L. 103–322, seesection 671(a)(7) of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Amendment byPub. L. 103–416 applicable to aliensadmitted to United Statesundersection 1101(a)(15)(J) of this title, or acquiring such status after admission to United States, before, on, or afterOct. 25, 1994, and beforeSept. 30, 2015, subject to extensions, seesection 220(c) of Pub. L. 103–416, as amended, set out as an Effective and Termination Dates of 1994 Amendment note undersection 1182 of this title, and bracketed notes thereunder.

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

Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1) ofPub. L. 102–232 effectiveApr. 1, 1992, seesection 208 of Pub. L. 102–232, set out as a note undersection 1101 of this title.

Amendment by section 303(a)(10)–(12) 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.

Amendment bysection 202(a) of Pub. L. 101–649 effective 60 days afterNov. 29, 1990, seesection 202(c) of Pub. L. 101–649, set out as a note undersection 1182 of this title.

Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) ofPub. L. 101–649 effectiveOct. 1, 1991, seesection 231 of Pub. L. 101–649, set out as a note undersection 1101 of this title.

Amendment byPub. L. 100–525 effective as if included in enactment ofImmigration Reform and Control Act of 1986,Pub. L. 99–603, seesection 2(s) of Pub. L. 100–525, set out as an Effective Date of 1988 Amendment note undersection 1101 of this title.

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

Pub. L. 99–639, § 3(d)(1), (3),Nov. 10, 1986,100 Stat. 3542, provided that:

Amendment bysection 301(b) of Pub. L. 99–603 applicable to petitions and applications filed under sections 1184(c) and 1188 of this title on or after the first day of the seventh month beginning afterNov. 6, 1986, seesection 301(d) of Pub. L. 99–603, as amended, set out as an Effective Date note undersection 1188 of this title.

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. 118–47, div. G, title I, § 105,Mar. 23, 2024,138 Stat. 856, provided that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 117–328, div. O, title III, § 303,Dec. 29, 2022,136 Stat. 5227.

Pub. L. 117–103, div. O, title II, § 204,Mar. 15, 2022,136 Stat. 788.

Pub. L. 116–260, div. O, title I, § 105,Dec. 27, 2020,134 Stat. 2148.

Pub. L. 109–162, title VIII, § 832(b),Jan. 5, 2006,119 Stat. 3068, provided that:

Pub. L. 109–13, div. B, title IV, § 407,May 11, 2005,119 Stat. 321, provided that:

Pub. L. 108–447, div. J, title IV, §§ 415, 416,Dec. 8, 2004,118 Stat. 3352, provided that:

Pub. L. 108–447, div. J, title IV, § 425(b),Dec. 8, 2004,118 Stat. 3356, provided that:

Pub. L. 106–313, title I, § 102(b),Oct. 17, 2000,114 Stat. 1251, provided that:

Pub. L. 106–313, title I, § 104(c),Oct. 17, 2000,114 Stat. 1253, provided that:

Pub. L. 106–313, title I, § 106(a), (b),Oct. 17, 2000,114 Stat. 1253, 1254, as amended byPub. L. 107–273, div. C, title I, § 11030A,Nov. 2, 2002,116 Stat. 1836, provided that:

Pub. L. 106–313, title I, § 114,Oct. 17, 2000,114 Stat. 1262, provided that:

Pub. L. 105–277, div. C, title IV, § 416,Oct. 21, 1998,112 Stat. 2681–655, as amended byPub. L. 109–13, div. B, title IV, § 406,May 11, 2005,119 Stat. 320, provided that:

Pub. L. 105–277, div. C, title IV, § 418(b),Oct. 21, 1998,112 Stat. 2681–657, provided that:

Pub. L. 102–232, title II, § 207(c)(2),Dec. 12, 1991,105 Stat. 1742, provided that:

Seesection 3 of Pub. L. 102–110, set out as a Delay UntilApril 1, 1992, in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models note undersection 1101 of this title.

Pub. L. 101–649, title II, § 207(c),Nov. 29, 1990,104 Stat. 5026, as amended byPub. L. 102–232, title III, § 303(a)(13),Dec. 12, 1991,105 Stat. 1748, provided that:

Pub. L. 101–649, title II, § 221,Nov. 29, 1990,104 Stat. 5027, as amended byPub. L. 102–232, title III, § 303(b)(1), (2),Dec. 12, 1991,105 Stat. 1748;Pub. L. 103–416, title II, § 215(a),Oct. 25, 1994,108 Stat. 4315, provided that:

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

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

Pub. L. 85–531,July 18, 1958,72 Stat. 375, authorized the Attorney General, upon application made not later thanJuly 18, 1963, to cancel any departure bond posted pursuant to theImmigration Act of 1924, as amended, or theImmigration and Nationality Act [this chapter], on behalf of any refugeewho entered the United Statesas a nonimmigrant afterMay 6, 1945, and prior toJuly 1, 1953, and who had his immigration status adjusted to that of an alienadmitted for permanentresidence pursuant to any public or private law.