§ 1101. Definitions

Pub. L. 100–525, § 1(a), Oct. 24, 1988, 102 Stat. 2609, provided that: “This Act [amending this section, sections 1102, 1103, 1104, 1105a, 1152, 1154, 1157, 1160, 1161, 1182, 1184, 1186, 1186a, 1187, 1188, 1201, 1201a, 1202, 1222, 1223, 1224, 1227, 1251, 1252, 1254, 1255, 1255a, 1255b, 1259, 1301, 1302, 1304, 1305, 1324, 1324a, 1324b, 1353, 1356, 1357, 1360, 1408, 1409, 1421, 1422, 1424, 1426, 1431, 1432, 1433, 1435, 1440, 1441, 1446, 1447, 1451, 1452, 1454, 1455, 1459, 1481, 1483, 1489, 1522, 1523, and 1524 of this title, section 1546 of Title 18, Crimes and Criminal Procedure, section 1091 of Title 20, Education, and section 4195 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section and sections 1153, 1182, 1201, 1227, 1254, 1255, 1356, 1401, 1409, 1451, 1481, and 1522 of this title and section 4195 of Title 22, amending provisions set out as notes under this section and sections 1153, 1182, 1188, and 1255a of this title and section 1802 of Title 29, Labor, and repealing provisions set out as a note under section 1255a of this title] may be cited as the ‘Immigration Technical Corrections Act of 1988’.”

Short Title of 1986 Amendment

Pub. L. 99–653, § 1(a), formerly § 1, Nov. 14, 1986, 100 Stat. 3655, as renumbered by Pub. L. 100–525, § 8(a)(1), Oct. 24, 1988, 102 Stat. 2617, provided that: “this Act [amending this section, sections 1152, 1182, 1201, 1202, 1228, 1251, 1301, 1302, 1304, 1401, 1409, 1431 to 1433, 1451, 1452, 1481, and 1483 of this title, and section 4195 of Title 22, Foreign Relations and Intercourse, and repealing section 1201a of this title and provisions set out as notes under section 1153 of this title] may be cited as the ‘Immigration and Nationality Act Amendments of 1986’.”

Pub. L. 99–639, § 1, Nov. 10, 1986, 100 Stat. 3537, provided that: “This Act [enacting section 1186a of this title, amending sections 1154, 1182, 1184, 1251, 1255, and 1325 of this title, and enacting provisions set out as notes under sections 1154, 1182, 1184, and 1255 of this title] may be cited as the ‘Immigration Marriage Fraud Amendments of 1986’.”

Pub. L. 99–605, § 1(a), Nov. 6, 1986, 100 Stat. 3449, provided that: “This Act [amending sections 1522 to 1524 of this title and enacting provisions set out as notes under section 1522 of this title] may be cited as the ‘Refugee Assistance Extension Act of 1986’.”

Pub. L. 99–603, § 1(a), Nov. 6, 1986, 100 Stat. 3359, provided that: “This Act [enacting sections 1160, 1161, 1186, 1187, 1255a, 1324a, 1324b, 1364, and 1365 of this title and section 1437r of Title 42, The Public Health and Welfare, amending this section, sections 1152, 1184, 1251, 1252, 1254, 1255, 1258, 1259, 1321, 1324, and 1357 of this title, section 2025 of Title 7, Agriculture, section 1546 of Title 18, Crimes and Criminal Procedure, sections 1091 and 1096 of Title 20, Education, sections 1802, 1813, and 1851 of Title 29, Labor, and sections 303, 502, 602, 603, 672, 673, 1203, 1320b–7, 1353, 1396b, and 1436a of Title 42, repealing section 1816 of Title 29, enacting provisions set out as notes under this section and sections 1152, 1153, 1160, 1186, 1187, 1253, 1255a, 1259, 1324a, and 1324b of this title, section 1802 of Title 29, and sections 405, 502, and 1320b–7 of Title 42, and amending provisions set out as notes under this section and section 1383 of Title 42] may be cited as the ‘Immigration Reform and Control Act of 1986’.”

Short Title of 1982 Amendment

Pub. L. 97–363, § 1, Oct. 25, 1982, 96 Stat. 1734, provided that: “This Act [amending sections 1522, 1523, and 1524 of this title and enacting provisions set out as a note under section 1522 of this title] may be cited as the ‘Refugee Assistance Amendments of 1982’.”

Short Title of 1981 Amendment

Pub. L. 97–116, § 1(a), Dec. 29, 1981, 95 Stat. 1611, provided that: “this Act [amending this section, sections 1105a, 1151, 1152, 1154, 1182, 1201, 1203, 1221, 1227, 1251, 1252, 1253, 1254, 1255, 1255b, 1258, 1305, 1324, 1356, 1361, 1401a, 1409, 1427, 1431, 1432, 1433, 1439, 1440, 1445, 1446, 1447, 1448, 1452, 1455, 1481, and 1483 of this title, and section 1429 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as notes under this section and sections 1151 and 1182 of this title, amending a provision set out as a note under this section, and repealing a provision set out as a note under section 1182 of this title] may be cited as the ‘Immigration and Nationality Act Amendments of 1981’.”

Short Title of 1980 Amendment

Pub. L. 96–212, § 1, Mar. 17, 1980, 94 Stat. 102, provided: “That this Act [enacting sections 1157 to 1159 and 1521 to 1525 of this title, amending this section, sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this title, and section 2601 of Title 22, Foreign Relations and Intercourse, enacting provision set out as notes under this section and sections 1153, 1157, 1158, 1521, and 1522 of this title, amending provisions set out as notes under sections 1182 and 1255 of this title, and repealing provisions set out as a note under section 2601 of Title 22] may be cited as the ‘Refugee Act of 1980’.”

Short Title of 1976 Amendment

Pub. L. 94–571, § 1, Oct. 20, 1976, 90 Stat. 2703, provided: “That this Act [amending this section and sections 1151, 1152 to 1154, 1181, 1182, 1251, 1254, and 1255 of this title and enacting provisions set out as notes under this section and sections 1153 and 1255 of this title] may be cited as the ‘Immigration and Nationality Act Amendments of 1976’.”

Short Title

Act June 27, 1952, ch. 477, § 1, 66 Stat. 163, provided that such act, enacting this chapter, section 1429 of Title 18, Crimes and Criminal Procedure, amending sections 1353a, 1353d, 1552 of this title, sections 342b, 342c, 342e of former Title 5, Executive Departments and Government Officers and Employees, sections 1114, 1546 of Title 18, sections 618, 1446 of Title 22, Foreign Relations and Intercourse, sections 1, 177 of former Title 49, Transportation, sections 1952 to 1955 and 1961 of the former Appendix to Title 50, War and National Defense, repealing section 530 of former Title 31, Money and Finance, enacting provisions set out as notes under this section and amending provisions set out as notes under sections 1435 and 1440 of this title, may be cited as the “Immigration and Nationality Act”.

Repeal and Revival

Pub. L. 100–525, § 8(b), Oct. 24, 1988, 102 Stat. 2617, provided that: “Section 3 of INAA [Pub. L. 99–653, repealing subsec. (c)(1) of this section] is repealed and the language stricken by such section is revived as of November 14, 1986.”

Repeals

Act June 27, 1952, ch. 477, title IV, § 403(b), 66 Stat. 280, provided that: “Except as otherwise provided in section 405 [set out below], all other laws, or parts of laws, in conflict or inconsistent with this Act [this chapter] are, to the extent of such conflict or inconsistency, repealed.”

Regulations

Pub. L. 110–391, § 2(b), Oct. 10, 2008, 122 Stat. 4193, provided that: “Not later than 30 days after the date of the enactment of this Act [Oct. 10, 2008], the Secretary of Homeland Security shall— “(1) issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)); and “(2) submit a certification to Congress and publish notice in the Federal Register that such regulations have been issued and are in effect.”

Pub. L. 109–162, title VIII, § 828, Jan. 5, 2006, 119 Stat. 3066, provided that: “Not later than 180 days after the date of enactment of this Act [Jan. 5, 2006], the Attorney General, the Secretary of Homeland Security, and the Secretary of State shall promulgate regulations to implement the provisions contained in the Battered Immigrant Women Protection Act of 2000 (title V of Public Law 106–386) [see section 1501 of Pub. L. 106–386, set out as a Short Title of 2000 Amendments note under this section], this Act [see Tables for classification], and the amendments made by this Act.”

Pub. L. 102–232, title III, § 303(a)(8), Dec. 12, 1991, 105 Stat. 1748, provided that: “The Secretary of Labor shall issue final or interim final regulations to implement the changes made by this section to section 101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n)] no later than January 2, 1992.”

Pub. L. 102–140, title VI, § 610, Oct. 28, 1991, 105 Stat. 832, as amended by Pub. L. 103–416, title II, § 219(l)(2), Oct. 25, 1994, 108 Stat. 4317, provided that: “(a) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(1) of the Immigration and Nationality Act [act June 27, 1952, as amended, set out as a note above], including a delineation of (1) scenarios that constitute an immigration emergency, (2) the process by which the President declares an immigration emergency, (3) the role of the Governor and local officials in requesting a declaration of emergency, (4) a definition of ‘assistance as required by the Attorney General’, and (5) the process by which States and localities are to be reimbursed. “(b) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(2) of such Act, including providing a definition of the terms in section 404(b)(2)(A)(ii) and a delineation of ‘in any other circumstances’ in section 404(b)(2)(A)(iii) of such Act. “(c) The regulations under this section shall be published for comment not later than 30 days after the date of enactment of this Act [Oct. 28, 1991] and issued in final form not later than 15 days after the end of the comment period.”

Savings Clause

Act June 27, 1952, ch. 477, title IV, § 405, 66 Stat. 280, provided in part that: “(a) Nothing contained in this Act [this chapter], unless otherwise specifically provided therein, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization, certificate of citizenship, warrant of arrest, order or warrant of deportation, order of exclusion, or other document or proceeding which shall be valid at the time this Act [this chapter] shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal done or existing, at the time this Act [this chapter] shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts of statutes repealed by this Act [this chapter] are, unless otherwise specifically provided therein, hereby continued in force and effect. When an immigrant, in possession of an unexpired immigrant visa issued prior to the effective date of this Act [this chapter], makes application for admission, his admissibility shall be determined under the provisions of law in effect on the date of the issuance of such visa. An application for suspension of deportation under section 19 of the Immigration Act of 1917, as amended [former section 155 of this title], or for adjustment of status under section 4 of the Displaced Persons Act of 1948, as amended [former section 1953 of the former Appendix to Title 50], which is pending on the date of enactment of this Act [June 27, 1952], shall be regarded as a proceeding within the meaning of this subsection. “(b) Except as otherwise specifically provided in title III [subchapter III of this chapter], any petition for naturalization heretofore filed which may be pending at the time this Act [this chapter] shall take effect shall be heard and determined in accordance with the requirements of law in effect when such petition was filed. “(c) Except as otherwise specifically provided in this Act [this chapter], the repeal of any statute by this Act [this chapter] shall not terminate nationality heretofore lawfully acquired nor restore nationality heretofore lost under any law of the United States or any treaty to which the United States may have been a party. “(d) Except as otherwise specifically provided in this Act [this chapter], or any amendment thereto, fees, charges and prices for purposes specified in title V of the Independent Offices Appropriation Act, 1952 (Public Law 137, Eighty-second Congress, approved August 31, 1951), may be fixed and established in the manner and by the head of any Federal Agency as specified in that Act. “(e) This Act [this chapter] shall not be construed to repeal, alter, or amend section 231(a) of the Act of April 30, 1946 (60 Stat. 148; [section 1281(a) of title 22]), the Act of June 20, 1949 (Public Law 110, section 8, Eighty-first Congress, first session; 63 Stat. 208 [section 3508 of title 50]), the Act of June 5, 1950 (Public Law 535, Eighty-first Congress, second session [former section 1501 et seq. of title 22]), nor title V of the Agricultural Act of 1949, as amended (Public Law 78, Eighty-second Congress, first session [former sections 1461 to 1468 of title 7]).”

Separability

Pub. L. 106–313, title I, § 116, Oct. 17, 2000, 114 Stat. 1262, provided that: “If any provision of this title [see Short Title of 2000 Amendments note above] (or any amendment made by this title) or the application thereof to any person or circumstance is held invalid, the remainder of the title (and the amendments made by this title) and the application of such provision to any other person or circumstance shall not be affected thereby. This section be enacted [sic] 2 days after effective date.”

Pub. L. 104–208, div. C, § 1(e), Sept. 30, 1996, 110 Stat. 3009–553, provided that: “If any provision of this division [see Tables for classification] or the application of such provision to any person or circumstances is held to be unconstitutional, the remainder of this division and the application of the provisions of this division to any person or circumstance shall not be affected thereby.”

Act June 27, 1952, ch. 477, title IV, § 406, 66 Stat. 281, provided that: “If any particular provision of this Act [this chapter], or the application thereof to any person or circumstance, is held invalid, the remainder of the Act [this chapter] and the application of such provision to other persons or circumstances shall not be affected thereby.”

Rule of Construction

Pub. L. 117–360, § 4, Jan. 5, 2023, 136 Stat. 6293, provided that: “For purposes of this Act [see Short Title of 2023 Amendment note set out above], and the amendments made by this Act, the performance by a crewman of ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade shall not be considered, for immigration purposes, to be services, work, labor or employment by the crewman within the United States.”

Transfer of Functions

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

Abolition of Immigration and Naturalization Service and Transfer of Functions

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

Admission of Alaska as State

Effectiveness of amendment of this section by Pub. L. 85–508 as dependent on admission of State of Alaska into the Union, see section 8(b) of Pub. L. 85–508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.

Appropriations

Act June 27, 1952, ch. 477, title IV, § 404, 66 Stat. 280, as amended by Pub. L. 97–116, § 18(s), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 99–603, title I, § 113, Nov. 6, 1986, 100 Stat. 3383; Pub. L. 101–649, title VII, § 705(a), Nov. 29, 1990, 104 Stat. 5087; Pub. L. 102–232, title III, § 308(d), Dec. 12, 1991, 105 Stat. 1757, provided that: “(a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [this chapter] (other than chapter 2 of title IV) [subchapter IV of this chapter]. “(b)(1) There are authorized to be appropriated (for fiscal year 1991 and any subsequent fiscal year) to an immigration emergency fund, to be established in the Treasury, an amount sufficient to provide for a balance of $35,000,000 in such fund, to be used to carry out paragraph (2) and to provide for an increase in border patrol or other enforcement activities of the Service and for reimbursement of State and localities in providing assistance as requested by the Attorney General in meeting an immigration emergency, except that no amounts may be withdrawn from such fund with respect to an emergency unless the President has determined that the immigration emergency exists and has certified such fact to the Judiciary Committees of the House of Representatives and of the Senate. “(2)(A) Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available, by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever—“(i) a district director of the Service certifies to the Commissioner that the number of asylum applications filed in the respective district during a calendar quarter exceeds by at least 1,000 the number of such applications filed in that district during the preceding calendar quarter, “(ii) the lives, property, safety, or welfare of the residents of a State or locality are endangered, or “(iii) in any other circumstances as determined by the Attorney General. In applying clause (i), the providing of parole at a point of entry in a district shall be deemed to constitute an application for asylum in the district. “(B) Not more than $20,000,000 shall be made available for all localities under this paragraph. “(C) For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency be determined shall not apply. “(D) A decision with respect to an application for reimbursement under subparagraph (A) shall be made by the Attorney General within 15 days after the date of receipt of the application.”

[Pub. L. 101–649, title VII, § 705(b), Nov. 29, 1990, 104 Stat. 5087, provided that: “Section 404(b)(2)(A)(i) of the Immigration and Nationality Act [act June 27, 1952, set out above], as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after January 1, 1989. The Attorney General may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection (a) [amending section 404 of act June 27, 1952, set out above] before October 1, 1991.” ]

[Determination of President of the United States, No. 97–16, Feb. 12, 1997, 62 F.R. 13981, provided that immigration emergency determined by President in 1995 to exist with respect to smuggling into United States of illegal aliens persisted and directed use of Immigration Emergency Fund established by section 404(b)(1) of act June 27, 1952, set out above.

[Prior determination was contained in the following:

[Determination of President of the United States, No. 95–49, Sept. 28, 1995, 60 F.R. 53677.]

Benefits for Certain Citizens or Nationals of Ukraine

Pub. L. 117–128, title IV, § 401, May 21, 2022, 136 Stat. 1218, as amended by Pub. L. 118–50, div. B, title III, § 301, Apr. 24, 2024, 138 Stat. 913, provided that: “(a) In General.—Notwithstanding any other provision of law, a citizen or national of Ukraine (or a person who last habitually resided in Ukraine) shall be eligible for the benefits described in subsection (b) if—“(1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently—“(A) paroled into the United States between February 24, 2022 and September 30, 2024; or “(B) paroled into the United States after September 30, 2023 and—“(i) is the spouse or child of an individual described in subparagraph (A); or “(ii) is the parent, legal guardian, or primary caregiver of an individual described in subparagraph (A) who is determined to be an unaccompanied child under section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) or section 412(d)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)(B)); and “(2) such individual’s parole has not been terminated by the Secretary of Homeland Security. “(b) Benefits.—An individual described in subsection (a) shall be eligible for—“(1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) to the same extent as such refugees, but shall not be eligible for the program of initial resettlement authorized by section 412(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(b)(1)); and “(2) services described under section 412(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien child as defined under section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)). “(c) Clarifications.—“(1) Nothing in this section shall be interpreted to:“(A) preclude an individual described in subsection (a) from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or “(B) entitle a person described in subsection (a) to lawful permanent resident status. “(2) Section 421(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193) [8 U.S.C. 1631(a)] shall not apply with respect to determining the eligibility and the amount of benefits made available pursuant to subsection (b). “(d) Non-Application of the Paperwork Reduction Act.—Chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act of 1995), shall not apply to any action taken to implement this section that involves translating a currently approved collection of information into a new language.”

Benefits for Certain Citizens or Nationals of Afghanistan

Pub. L. 117–43, div. C, title V, § 2502, Sept. 30, 2021, 135 Stat. 377, as amended by Pub. L. 117–328, div. M, title V, § 1501, Dec. 29, 2022, 136 Stat. 5195, provided that: “(a) In General.—Notwithstanding any other provision of law, a citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if—“(1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently—“(A) paroled into the United States between July 31, 2021, and September 30, 2023; or “(B) paroled into the United States after September 30, 2022, and—“(i) is the spouse or child (as such term is defined under section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) of an individual described in subparagraph (A); or “(ii) is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied child under 6 U.S.C. 279(g)(2); and “(2) such individual’s parole has not been terminated by the Secretary of Homeland Security. “(b) Benefits.—An individual described in subsection (a) shall be eligible for—“(1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) until March 31, 2023, or the term of parole granted under subsection (a), whichever is later; “(2) services described under section 412(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien child as defined under 6 U.S.C. 279(g)(2); and “(3) a driver’s license or identification card under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note), notwithstanding subsection (c)(2)(B) of such Act [probably means “such section”]. “(c) Expeditious Adjudication of Asylum Applications.—With respect to an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) filed by an individual described in subsection (a), the Secretary of Homeland Security shall—“(1) conduct the initial interview on the asylum application not later than 45 days after the date on which the application is filed; and “(2) in the absence of exceptional circumstances, issue a final administrative adjudication on the asylum application within 150 days after the date the application is filed. “(d) Clarification.—Notwithstanding any other provision of law, nothing in this act [probably should be “Act”, meaning div. C of Pub. L. 117–43, see Tables for classification] shall be interpreted to—“(1) preclude an individual described in subsection (a), from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or “(2) entitle a person described in subsection (a) to lawful permanent resident status. “(e) Report.—Not later than 120 days after the date of enactment of this Act [Sept. 30, 2021], and every 3 months thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of State, shall submit a report to Congress detailing the number of individuals described in subsection (a); the number of individuals receiving benefits in subsection (b), including their eligibility for benefits as refugees notwithstanding this Act; and any other information deemed relevant by the Secretary.”

Waiver of Medical Exam Requirement for Certain Afghans Seeking Admission

Pub. L. 117–31, title IV, § 402, July 30, 2021, 135 Stat. 317, provided that: “(a) Authorization.—The Secretary of State and the Secretary of Homeland Security may jointly issue a blanket waiver of the requirement that aliens described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 [Pub. L. 111–8, div. F, title VI] (8 U.S.C. 1101 [note]) undergo a medical exam under section 221(d) of the Immigration and Nationality Act (8 U.S.C. 1201(d)), or any other applicable provision of law, prior to issuance of an immigrant visa or admission to the United States. “(b) Duration.—A waiver under subsection (a) shall be for a period of 1 year, and, subject to subsection (g), may be extended by the Secretary of State and Secretary of Homeland Security for additional periods, each of which shall not exceed 1 year. “(c) Notification.—Upon exercising the waiver authority under subsection (a), or the authority to extend a waiver under subsection (b), the Secretary of State and the Secretary of Homeland Security shall notify the appropriate congressional committees. “(d) Requirement for Medical Examination After Admission.—“(1) In general.—The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall establish procedures to ensure, to the greatest extent practicable, that any alien who receives a waiver of the medical examination requirement under this section completes such an exam not later than 30 days after the date on which the alien is admitted to the United States. “(2) Conditional basis for status.—“(A) In general.—Notwithstanding any other provision of law, an alien who receives a waiver of the medical examination requirement under this section shall be considered, at the time of admission to the United States, as an alien lawfully admitted for permanent residence on a conditional basis. “(B) Removal of conditions.—The Secretary of Homeland Security shall remove the conditional basis of the alien’s status upon the Secretary’s confirmation that such alien has completed the medical examination and is not inadmissible under section 212(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)). “(3) Report.—Not later than 1 year after the date on which the waiver authority under subsection (a) is exercised, or such waiver is extended under subsection (b), as applicable, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the status of medical examinations required under paragraph (1), including—“(A) the number of pending and completed examinations; and “(B) the number of aliens who have failed to complete the medical examination within the 30-day period after the date of such aliens’ admission. “(e) Appropriate Congressional Committees.—The term ‘appropriate committees of Congress’ means—“(1) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and “(2) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives. “(f) Rule of Construction.—Nothing in this Act [probably means this section] may be construed to prevent the Secretary of State, the Secretary of Homeland Security, the Secretary of Defense, or the Secretary of Health and Human Services from adopting appropriate measures to prevent the spread of communicable diseases, including COVID–19, to the United States. “(g) Sunset.—The authority under subsections (a) and (b) expires on the date that is 3 years after the date of enactment of this Act [July 30, 2021]. “(h) Emergency Requirement.—The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].”

Availability of Funds

Pub. L. 118–47, div. G, title I, § 104, Mar. 23, 2024, 138 Stat. 856, provided that: “Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting ‘September 30, 2024’ for ‘September 30, 2015’ each place such date appears.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 117–328, div. O, title III, § 302, Dec. 29, 2022, 136 Stat. 5227.

Pub. L. 117–103, div. O, title II, § 202, Mar. 15, 2022, 136 Stat. 787.

Pub. L. 116–260, div. O, title I, § 102, Dec. 27, 2020, 134 Stat. 2148.

Pub. L. 116–94, div. I, title I, § 102, Dec. 20, 2019, 133 Stat. 3019.

Pub. L. 116–6, div. H, title I, § 102, Feb. 15, 2019, 133 Stat. 475.

Pub. L. 115–141, div. M, title II, § 202, Mar. 23, 2018, 132 Stat. 1049.

Pub. L. 115–31, div. F, title V, § 540, May 5, 2017, 131 Stat. 432.

Pub. L. 114–113, div. F, title V, § 573, Dec. 18, 2015, 129 Stat. 2526.

Annual Report on Immigration Applications Made by Victims of Abuse

Pub. L. 113–4, title VIII, § 802, Mar. 7, 2013, 127 Stat. 110, provided that: “Not later than December 1, 2014, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following: “(1) The number of aliens who—“(A) submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) during the preceding fiscal year; “(B) were granted such nonimmigrant status during such fiscal year; or “(C) were denied such nonimmigrant status during such fiscal year. “(2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year. “(3) The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year. “(4) The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during the preceding fiscal year. “(5) A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4).”

Special Rule for Alien Victims

Pub. L. 112–239, div. A, title XVII, § 1706(b), Jan. 2, 2013, 126 Stat. 2097, provided that: “No alien may be admitted to the United States pursuant to subparagraph (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) as a result of the alien being a victim of a crime described in subsection (b) of section 1351 of title 18, United States Code, as added by subsection (a).”

No Authority for National Identification Card

Pub. L. 112–176, § 5, Sept. 28, 2012, 126 Stat. 1326, provided that: “Nothing in this Act [amending this section and provisions set out as notes under sections 1153, 1182, and 1324a of this title] may be construed to authorize the planning, testing, piloting, or development of a national identification card.”

Fee Increases

Pub. L. 111–230, title IV, § 402, Aug. 13, 2010, 124 Stat. 2487, as amended by Pub. L. 111–347, title III, § 302, Jan. 2, 2011, 124 Stat. 3667, provided that: “(a) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act [Aug. 13, 2010] and ending on September 30, 2015, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) shall be increased by $2,250 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b) of such Act or section 101(a)(15)(L) of such Act. “(b) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2015, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act. “(c) During the period beginning on the date of the enactment of this Act and ending on September 30, 2015, all amounts collected pursuant to the fee increases authorized under this section shall be deposited in the General Fund of the Treasury.”

Afghan Allies Protection

Pub. L. 111–8, div. F, title VI, Mar. 11, 2009, 123 Stat. 807, as amended by Pub. L. 111–118, div. A, title VIII, § 8120(b), Dec. 19, 2009, 123 Stat. 3457; Pub. L. 113–66, div. A, title XII, § 1219, Dec. 26, 2013, 127 Stat. 913; Pub. L. 113–76, div. K, title VII, § 7034(o), Jan. 17, 2014, 128 Stat. 516; Pub. L. 113–160, § 1, Aug. 8, 2014, 128 Stat. 1853; Pub. L. 113–291, div. A, title XII, § 1227, Dec. 19, 2014, 128 Stat. 3552; Pub. L. 114–92, div. A, title XII, § 1216, Nov. 25, 2015, 129 Stat. 1045; Pub. L. 114–328, div. A, title XII, § 1214, Dec. 23, 2016, 130 Stat. 2479; Pub. L. 115–31, div. J, title VII, § 7083(a), May 5, 2017, 131 Stat. 718; Pub. L. 115–91, div. A, title XII, § 1213, Dec. 12, 2017, 131 Stat. 1649; Pub. L. 115–232, div. A, title XII, § 1222, Aug. 13, 2018, 132 Stat. 2028; Pub. L. 116–6, div. F, title VII, § 7076(a), Feb. 15, 2019, 133 Stat. 391; Pub. L. 116–92, div. A, title XII, § 1219, Dec. 20, 2019, 133 Stat. 1636; Pub. L. 116–94, div. G, title VII, § 7034(l)(11), Dec. 20, 2019, 133 Stat. 2873; Pub. L. 116–260, div. K, title VII, § 7034(l)(11), Dec. 27, 2020, 134 Stat. 1750; Pub. L. 116–283, div. A, title XII, § 1212, Jan. 1, 2021, 134 Stat. 3919; Pub. L. 117–31, title IV, §§ 401(a), 403(b), July 30, 2021, 135 Stat. 315, 318; Pub. L. 117–328, div. K, title VII, § 7034(d)(9), Dec. 29, 2022, 136 Stat. 5031; Pub. L. 118–47, div. F, title VII, § 7034(d)(9), Mar. 23, 2024, 138 Stat. 789; Pub. L. 119–4, div. A, title XII, § 11208(b), Mar. 15, 2025, 139 Stat. 38, provided that: “SEC. 601. SHORT TITLE.“This title may be cited as the ‘Afghan Allies Protection Act of 2009’. “SEC. 602. PROTECTION FOR AFGHAN ALLIES.“(a) Appropriate Committees of Congress Defined.—In this section, the term ‘appropriate committees of Congress’ means—“(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and “(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. “(b) Special Immigrant Status for Certain Afghans.—“(1) In general.—Subject to paragraph (3), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien—“(A) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); “(B) is otherwise eligible to receive an immigrant visa; “(C) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4))[)]; and “(D) clears a background check and appropriate screening, as determined by the Secretary of Homeland Security. “(2) Aliens described.—“(A) Principal aliens.—An alien is described in this subparagraph if the alien—“(i) is a citizen or national of Afghanistan; “(ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year— “(I) by, or on behalf of, the United States Government; or “‘(II) by the International Security Assistance Force (or any successor name for such Force) in a capacity that required the alien—“(aa) while traveling off-base with United States military personnel stationed at the International Security Assistance Force (or any successor name for such Force), to serve as an interpreter or translator for such United States military personnel; or “(bb) to perform activities for the United States military personnel stationed at International Security Assistance Force (or any successor name for such Force); “(iii) provided faithful and valuable service to an entity or organization described in clause (ii), which is documented in a positive recommendation or evaluation, subject to subparagraph (D), from the employee’s senior supervisor or the person currently occupying that position, or a more senior person, if the employee’s senior supervisor has left the employer or has left Afghanistan; and “(iv) has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment described in clause (ii). “(B) Spouse or child.—An alien is described in this subparagraph if the alien—“(i) is the spouse or child of a principal alien described in subparagraph (A); and “(ii) is accompanying or following to join the principal alien in the United States. “(C) Surviving spouse or child.—“(I) [(i)] In general.—An alien is described in this subparagraph if the alien— “(I) was the spouse or child of a principal alien described in subparagraph (A) who had submitted an application to the Chief of Mission pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note) which included the alien as an accompanying spouse or child; and “(II) due to the death of the principal alien— “(aa) such petition was revoked or terminated (or otherwise rendered null); and “(bb) such petition would have been approved if the principal alien had survived. “(II) [(ii)] Employment requirements.—An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal alien’s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal alien’s death. “(D) Approval by chief of mission required.—“(i) In general.—Except as provided under clause (ii), a recommendation or evaluation required under subparagraph (A)(iii) shall be accompanied by approval from the appropriate Chief of Mission, or the designee of the appropriate Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section. “(ii) Review process for denial by chief of mission.— “(I) In general.—An applicant who has been denied Chief of Mission approval shall—“(aa) receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and “(bb) be provided not more than one written appeal per denial or revocation— “(AA) that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing or thereafter at the discretion of the Secretary of State; and “(BB) that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information. “(II) Afghan special immigrant visa coordinator.—The Secretary of State shall designate, in the Embassy of the United States in Kabul, Afghanistan, an Afghan Special Immigrant Visa Coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—“(aa) sufficiently high security clearance to review information supporting Chief of Mission denials if an appeal of a denial is filed; “(bb) responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa); and “(cc) responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to [sub]clause (I)(bb). “(E) Evidence of serious threat.—A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the United States Government, should be considered as a factor in determination of whether the alien has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government for purposes of subparagraph (A)(iv). “(F) Representation.—An alien applying for admission to the United States pursuant to this title may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. “(3) Numerical limitations.—“(A) In general.—Except as provided in subparagraph (C), the total number of principal aliens who may be provided special immigrant status under this section may not exceed 1,500 per year for each of the fiscal years 2009, 2010, 2011, 2012, and 2013. “(B) Exclusion from numerical limitations.—Aliens provided special immigrant status under this subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). “(C) Carry forward.—“(i) Fiscal years 2009 through 2013.—If the numerical limitation specified in subparagraph (A) is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between— “(I) the numerical limitation specified in subparagraph (A) for the given fiscal year; and “(II) the number of principal aliens provided special immigrant status under this section during the given fiscal year. “(ii) Fiscal year 2014.—If the numerical limitation determined under clause (i) is not reached in fiscal year 2013, the total number of principal aliens who may be provided special immigrant status under this subsection for fiscal year 2014 shall be equal to the difference between— “(I) the numerical limitation determined under clause (i) for fiscal year 2013; and “(II) the number of principal aliens provided such status under this section during fiscal year 2013. “(D) Additional fiscal year.—For fiscal year 2014, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000, except that any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal year 2014 may be carried forward and provided through the end of fiscal year 2015, notwithstanding the provisions of paragraph (C), except that the one year period during which an alien must have been employed in accordance with subsection (b)(2)(A)(ii) shall be the period from October 7, 2001 through December 31, 2014, and except that the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(2)(D) no later than September 30, 2014. “(E) Special rule for end of calendar year 2014.—“(i) In general.—During the period beginning on the date of the enactment of this subparagraph [Aug. 8, 2014] and ending on December 31, 2014, an additional 1,000 principal aliens may be provided special immigrant status under this section. For purposes of status provided under this subparagraph— “(I) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before December 31, 2014; “(II) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2014; and “(III) the authority to provide such status shall terminate on December 31, 2014. “(ii) Construction.—Clause (i) shall not be construed to affect the authority, numerical limitations, or terms for provision of status, under subparagraph (D). “(F) Fiscal years 2015 through 2025.—In addition to any unused balance under subparagraph (D), for the period beginning on the date of the enactment of this subparagraph [Dec. 19, 2014] until such time that available special immigrant visas under subparagraphs (D) and (E) and this subparagraph are exhausted, the total number of principal aliens who may be provided special immigrant status under this section shall not exceed 50,500. For purposes of status provided under this subparagraph—“(i) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before December 31, 2024; “(ii) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2025; and “(iii) the authority to issue visas shall commence on the date of the enactment of this subparagraph [Dec. 19, 2014] and shall terminate on the date such visas are exhausted. “(4) Application process.—“(A) In general.—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [Dec. 26, 2013], the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall improve the efficiency by which applications for special immigrant visas under paragraph (1), are processed so that all steps, including Chief of Mission approval, under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, should be completed not later than 9 months after the date on which an eligible alien submits all required materials to complete an application for such visa. “(B) Construction.—Nothing in this section shall be construed to limit the ability of a Secretary referred to in subparagraph (A) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of national security concerns requires additional time. “(C) Prohibition on fees.—The Secretary of Homeland Security or the Secretary of State may not charge an alien described in subparagraph (A), (B), or (C) of paragraph (2) any fee in connection with an application for, or issuance of, a special immigrant visa under this section. “(5) Assistance with passport issuance.—The Secretary of State shall make a reasonable effort to ensure that an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is issued a special immigrant visa pursuant to this subsection is provided with the appropriate series Afghan passport necessary to enter the United States. “(6) Protection of aliens.—The Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is seeking special immigrant status under this subsection protection or to immediately remove such alien from Afghanistan, if possible, if the Secretary determines, after consultation, that such alien is in imminent danger. “(7) Other eligibility for immigrant status.—No alien shall be denied the opportunity to apply for admission under this subsection solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. “(8) Resettlement support.—A citizen or national of Afghanistan who is granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act (8 U.S.C. 1157) to the same extent, and for the same periods of time, as such refugees. “(9) Adjustment of status.—Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland Security may adjust the status of an alien described in subparagraph (A), (B), or (C) of paragraph (2) of this subsection or in section 1244(b) of the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 122 Stat. 397) [8 U.S.C. 1157 note] to that of an alien lawfully admitted for permanent residence under subsection (a) of such section 245 if the alien—“(A) was paroled or admitted as a nonimmigrant into the United States; and “(B) is otherwise eligible for special immigrant status under—“(i)(I) this subsection; or “(II) such section 1244(b); and “(ii) the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). “(10) Annual report on use of special immigrant status.—“(A) Requirement.—Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report on the number of citizens or nationals of Afghanistan or Iraq who have applied for status as special immigrants under this subsection or section 1244 of the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 122 Stat. 396) [8 U.S.C. 1157 note]. “(B) Content.—Each report required by subparagraph (A) submitted in a fiscal year shall include the following information for the previous fiscal year:“(i) The number of citizens or nationals of Afghanistan or Iraq who submitted an application for status as a special immigrant pursuant to this section or section 1244 of the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 122 Stat. 396), disaggregated— “(I) by the number of principal aliens applying for such status; and “(II) by the number of spouses and children of principal aliens applying for such status. “(ii) The number of applications referred to in clause (i) that— “(I) were approved; or “(II) were denied, including a description of the basis for each denial. “(11) Report on improvements.—“(A) Requirement for report.—Not later than 120 days after the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 [Aug. 13, 2018], the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report, with a classified annex, if necessary. “(B) Contents.—The report required by subparagraph (A) shall describe the implementation of improvements to the processing of applications for special immigrant visas under this subsection, including information relating to—“(i) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall— “(I) support immigration security; and “(II) provide for the orderly processing of such applications without significant delay; “(ii) the financial, security, and personnel considerations and resources necessary to carry out this section; “(iii) the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year; “(iv) the reasons for the failure to process any applications that have been pending for longer than 9 months; “(v) the total number of applications that are pending due to the failure— “(I) to receive approval from the Chief of Mission; “(II) of U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360; “(III) to conduct a visa interview; or “(IV) to issue the visa to an eligible alien; “(vi) the average wait times for an applicant at each of the stages described in clause (v); “(vii) the number of denials or rejections at each of the stages described in clause (v); and “(viii) the reasons for denials by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission. “(12) Public quarterly reports.—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [Dec. 26, 2013], and every 3 months thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish a report on the website of the Department of State that describes the efficiency improvements made in the process by which applications for special immigrant visas under this subsection are processed, including information described in clauses (iii) through (viii) of paragraph (11)(B). “(13) Report.—Not later than December 31, 2016, and annually thereafter through January 31, 2026, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report to the appropriate committees of Congress containing the following information:“(A) The occupations of aliens who—“(i) were provided special immigrant status under subclause (I) or (II)(bb) of paragraph (2)(A)(ii); and “(ii) were considered principal aliens for such purpose. “(B) The number of appeals submitted under paragraph (2)(D)(ii)(I)(bb) from application denials by the Chief of Mission and the number of those applications that were approved pursuant to the appeal. “(C) The number of applications denied by the Chief of Mission on the basis of derogatory information that were appealed and the number of those applications that were approved pursuant to the appeal. “(D) The number of applications denied by the Chief of Mission on the basis that the applicant did not establish faithful and valuable service to the United States Government that were appealed and the number of those applications that were approved pursuant to the appeal. “(E) The number of applications denied by the Chief of Mission for failure to establish the one-year period of employment required that were appealed and the number of those applications that were approved pursuant to the appeal. “(F) The number of applications denied by the Chief of Mission for failure to establish employment by or on behalf of the United States Government that were appealed and the number of those applications that were approved pursuant to the appeal. “(G) The number of special immigrant status approvals revoked by the Chief of Mission and the reason for each revocation. “(H) The number of special immigrant status approvals revoked by the Chief of Mission that were appealed and the number of those revocations that were overturned pursuant to the appeal. “(14) Reports informing the conclusion of the afghan special immigrant visa program.—Not later than June 1, 2016, and every six months thereafter, the Secretary of Defense, in conjunction with the Secretary of State, shall submit to the Committee on Armed Services and the Committee on the Judiciary of the Senate and the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives a report that contains—“(A) a description of the United States force presence in Afghanistan during the previous 6 months; “(B) a description of the projected United States force presence in Afghanistan; “(C) the number of citizens or nationals of Afghanistan who were employed by or on behalf of the entities described in paragraph (2)(A)(ii) during the previous 6 months; and “(D) the projected number of such citizens or nationals who will be employed by or on behalf of such entities. “(15) Sense of congress.—It is the sense of Congress that the necessity of providing special immigrant status under this subsection should be assessed at regular intervals by the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, taking into account the scope of the current and planned presence of United States troops in Afghanistan, the current and prospective numbers of citizens and nationals of Afghanistan employed by or on behalf of the entities described in paragraph (2)(A)(ii), and the security climate in Afghanistan. “(c) Rule of Construction.—Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note).”

[Pub. L. 116–283, div. A, title XII, § 1212(a)(1), which directed amendment of section 602(b)(3)(F) of Pub. L. 111–8, set out above, by substituting “2021” for “2020” in heading, could not be executed because of the prior similar amendment by Pub. L. 116–260, div. K, title VII, § 7034(l)(11)(A).]

[Pub. L. 116–283, div. A, title XII, § 1212(a)(2), which directed amendment of section 602(b)(3)(F) of Pub. L. 111–8, set out above, by substituting “22,620” for “22,500” in introductory provisions, could not be executed because “22,500” did not appear in text after the intervening amendment by Pub. L. 116–260, div. K, title VII, § 7034(l)(11)(B).]

[Pub. L. 116–283, div. A, title XII, § 1212(a)(3), which directed amendment of section 602(b)(3)(F) of Pub. L. 111–8, set out above, by substituting “December 31, 2022” for “December 31, 2021” in cl. (i), could not be executed because of the prior identical amendment by Pub. L. 116–260, div. K, title VII, § 7034(l)(11)(C).]

[Pub. L. 116–283, div. A, title XII, § 1212(a)(4), which directed amendment of section 602(b)(3)(F) of Pub. L. 111–8, set out above, by substituting “December 31, 2022” for “December 31, 2021” in cl. (ii), could not be executed because of the prior identical amendment by Pub. L. 116–260, div. K, title VII, § 7034(l)(11)(C).]

Special Immigrant Status for Persons Serving as Translators With United States Armed Forces

Pub. L. 110–242, § 2, June 3, 2008, 122 Stat. 1567, as amended by Pub. L. 117–31, title IV, § 404(a), July 30, 2021, 135 Stat. 319, provided that: “(a) In General.—The Secretary of Homeland Security or the Secretary of State may convert an approved petition for special immigrant status under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 [Pub. L. 109–163] (8 U.S.C. 1101 note) with respect to which a visa under such section 1059 is not immediately available to an approved petition for special immigrant status under section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) [8 U.S.C. 1157 note] notwithstanding any requirement of subsection (a) or (b) of such section 1244 but subject to the numerical limitations applicable under subsection (c) of such section 1244, as amended by this Act. “(b) Duration.—The authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 8 U.S.C. 1157 note) is reached.”

Pub. L. 109–163, div. A, title X, § 1059, Jan. 6, 2006, 119 Stat. 3443, as amended by Pub. L. 110–28, title III, § 3812, May 25, 2007, 121 Stat. 151; Pub. L. 110–36, § 1, June 15, 2007, 121 Stat. 227; Pub. L. 110–161, div. J, title VI, § 699J, Dec. 26, 2007, 121 Stat. 2373; Pub. L. 112–227, § 1(a), Dec. 28, 2012, 126 Stat. 1608, provided that: “(a) In General.—For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—“(1) files with the Secretary of Homeland Security a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and “(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not apply. “(b) Aliens Described.—“(1) Principal aliens.—An alien is described in this subsection if the alien—“(A) is a national of Iraq or Afghanistan; “(B) worked directly with United States Armed Forces, or under Chief of Mission authority, as a translator or interpreter for a period of at least 12 months; “(C) obtained a favorable written recommendation from the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien; and “(D) before filing the petition described in subsection (a)(1), cleared a background check and screening, as determined by the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien. “(2) Spouses and children.—An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1), and is following or accompanying to join the principal alien. “(c) Numerical Limitations.—“(1) In general.—The total number of principal aliens who may be provided special immigrant status under this section—“(A) during each of the fiscal years 2007 and 2008, shall not exceed 500; and “(B) during any other fiscal year shall not exceed 50. “(2) Aliens exempt from employment-based numerical limitations.—For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not described in subparagraph (A), (B), (C), or (K) of such section and shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). “(3) Carry forward.—If the numerical limitation described in paragraph (1) is not reached during a given fiscal year, the numerical limitation for the following fiscal year shall be increased by a number equal to the difference between the number of visas authorized for the given fiscal year and the number of aliens provided special immigrant status during the given fiscal year. “(d) Adjustment of Status.—Notwithstanding paragraphs (2), (7) and (8) of section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust the status of an alien to that of a lawful permanent resident under section 245(a) of such Act if the alien—“(1) was paroled or admitted as a nonimmigrant into the United States; and “(2) is otherwise eligible for special immigrant status under this section and under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]. “(e) Naturalization.—“(1) In general.—A period of absence from the United States described in paragraph (2)—“(A) shall not be considered to break any period for which continuous residence or physical presence in the United States is required for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.); and “(B) shall be treated as a period of residence and physical presence in the United States for purposes of satisfying the requirements for naturalization under such title. “(2) Period of absence described.—A period of absence described in this paragraph is a period of absence from the United States due to a person’s employment by the Chief of Mission or United States Armed Forces, under contract with the Chief of Mission or United States Armed Forces, or by a firm or corporation under contract with the Chief of Mission or United States Armed Forces, if—“(A) such employment involved supporting the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity; and “(B) the person spent at least a portion of the time outside the United States working directly with the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity. “(f) Application of Immigration and Nationality Act Provisions.—The definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply in the administration of this section.”

[Pub. L. 112–227, § 1(b), Dec. 28, 2012, 126 Stat. 1609, provided that: “The amendment made by subsection (a) [amending section 1059(e) of Pub. L. 109–163, set out above] shall take effect as if included in the enactment of section 1059(e) of the National Defense Authorization Act for Fiscal Year 2006 [Pub. L. 109–163] (8 U.S.C. 1101 note).” ]

[Pub. L. 110–28 and Pub. L. 110–36 made identical amendments to section 1059 of Pub. L. 109–163, set out above, except for the redesignation of subsec. (d) and addition of subsec. (e). Amendments by Pub. L. 110–36 were executed in lieu of the amendments by Pub. L. 110–28, to reflect the probable intent of Congress.]

Battered Immigrant Women; Findings and Purposes

Pub. L. 106–386, div. B, title V, § 1502, Oct. 28, 2000, 114 Stat. 1518, provided that: “(a) Findings.—Congress finds that—“(1) the goal of the immigration protections for battered immigrants included in the Violence Against Women Act of 1994 [Pub. L. 103–322, title IV, see Tables for classification] was to remove immigration laws as a barrier that kept battered immigrant women and children locked in abusive relationships; “(2) providing battered immigrant women and children who were experiencing domestic violence at home with protection against deportation allows them to obtain protection orders against their abusers and frees them to cooperate with law enforcement and prosecutors in criminal cases brought against their abusers and the abusers of their children without fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an immigration benefit under the abuser’s control; and “(3) there are several groups of battered immigrant women and children who do not have access to the immigration protections of the Violence Against Women Act of 1994 which means that their abusers are virtually immune from prosecution because their victims can be deported as a result of action by their abusers and the Immigration and Naturalization Service cannot offer them protection no matter how compelling their case under existing law. “(b) Purposes.—The purposes of this title [see Short Title of 2000 Amendments note above] are—“(1) to remove barriers to criminal prosecutions of persons who commit acts of battery or extreme cruelty against immigrant women and children; and “(2) to offer protection against domestic violence occurring in family and intimate relationships that are covered in State and tribal protection orders, domestic violence, and family law statutes.”

Protection for Certain Crime Victims Including Victims of Crimes Against Women

Pub. L. 106–386, div. B, title V, § 1513(a), Oct. 28, 2000, 114 Stat. 1533, provided that: “(a) Findings and Purpose.—“(1) Findings.—Congress makes the following findings:“(A) Immigrant women and children are often targeted to be victims of crimes committed against them in the United States, including rape, torture, kidnaping, trafficking, incest, domestic violence, sexual assault, female genital mutilation, forced prostitution, involuntary servitude, being held hostage or being criminally restrained. “(B) All women and children who are victims of these crimes committed against them in the United States must be able to report these crimes to law enforcement and fully participate in the investigation of the crimes committed against them and the prosecution of the perpetrators of such crimes. “(2) Purpose.—“(A) The purpose of this section [amending this section and sections 1182, 1184, 1255, and 1367 of this title] is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(U)(iii)] committed against aliens, while offering protection to victims of such offenses in keeping with the humanitarian interests of the United States. This visa will encourage law enforcement officials to better serve immigrant crime victims and to prosecute crimes committed against aliens. “(B) Creating a new nonimmigrant visa classification will facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized, and abused aliens who are not in lawful immigration status. It also gives law enforcement officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to aliens who have been severely victimized by criminal activity also comports with the humanitarian interests of the United States. “(C) Finally, this section gives the Attorney General discretion to convert the status of such nonimmigrants to that of permanent residents when doing so is justified on humanitarian grounds, for family unity, or is otherwise in the public interest.”

Philippine Traders as Nonimmigrants

Philippine traders classifiable as nonimmigrants under subsec. (a)(15)(E) of this section, see section 1184a of this title.

Irish Peace Process Cultural and Training Program

Pub. L. 105–319, Oct. 30, 1998, 112 Stat. 3013, as amended by Pub. L. 107–234, § 1, Oct. 4, 2002, 116 Stat. 1481; Pub. L. 108–449, § 1(a), Dec. 10, 2004, 118 Stat. 3469, known as the Irish Peace Process Cultural and Training Program Act of 1998, which related to the Irish Peace Process Cultural and Training Program, was repealed by section 2(c)(1) of Pub. L. 105–319, effective Oct. 1, 2008.

Coordination of Amendments by Pub. L. 104–208

Pub. L. 104–208, div. C, § 1(b), Sept. 30, 1996, 110 Stat. 3009–546, provided that: “Except as otherwise specifically provided— “(1) whenever in this division [see Tables for classification] an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; and “(2) amendments to a section or other provision are to such section or other provision before any amendment made to such section or other provision elsewhere in this division.”

Applicability of Title V of Division C of Pub. L. 104–208 to Foreign Assistance

Pub. L. 104–208, div. C, title V, § 592, Sept. 30, 1996, 110 Stat. 3009–688, provided that: “This title [see Effective Date of 1996 Amendment note above] does not apply to any Federal, State, or local governmental program, assistance, or benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State in consultation with the Attorney General.”

Notification to Public and Program Recipients of Changes Regarding Eligibility for Programs

Pub. L. 104–208, div. C, title V, § 593, Sept. 30, 1996, 110 Stat. 3009–688, provided that: “(a) In General.—Each agency of the Federal Government or a State or political subdivision that administers a program affected by the provisions of this title [see Effective Date of 1996 Amendment note above], shall, directly or through the States, provide general notification to the public and to program recipients of the changes regarding eligibility for any such program pursuant to this title. “(b) Failure To Give Notice.—Nothing in this section shall be construed to require or authorize continuation of eligibility if the notice under this section is not provided.”

Report on Aliens Granted Refugee Status or Asylum Due to Persecution for Resistance to Coercive Population Control Methods

Pub. L. 104–208, div. C, title VI, § 601(a)(2), Sept. 30, 1996, 110 Stat. 3009–689, provided that: “Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate describing the number and countries of origin of aliens granted refugee status or asylum under determinations pursuant to the amendment made by paragraph (1) [amending this section]. Each such report shall also contain projections regarding the number and countries of origin of aliens that are likely to be granted refugee status or asylum for the subsequent 2 fiscal years.”

Sense of Congress Regarding American-Made Products; Requirements for Notice

Pub. L. 104–208, div. C, title VI, § 648, Sept. 30, 1996, 110 Stat. 3009–711, provided that: “(a) Purchase of American-Made Equipment and Products.—It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this division [see Tables for classification] should be American-made. “(b) Notice to Recipients of Grants.—In providing grants under this division, the Attorney General, to the greatest extent practicable, shall provide to each recipient of a grant a notice describing the statement made in subsection (a) by the Congress.”

Improving Border Controls

Pub. L. 103–322, title XIII, § 130006, Sept. 13, 1994, 108 Stat. 2028, provided that: “(a) Authorization of Appropriations.—There are authorized to be appropriated for the Immigration and Naturalization Service to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt clandestine entry into the United States or entry into the United States with fraudulent documents or who remain in the country after their nonimmigrant visas expire—“(1) $228,000,000 for fiscal year 1995; “(2) $185,000,000 for fiscal year 1996; “(3) $204,000,000 for fiscal year 1997; and “(4) $58,000,000 for fiscal year 1998.“Of the sums authorized in this section, all necessary funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of October 1, 1994. “(b) Report.—By September 30, 1996 and September 30, 1998, the Attorney General shall report to the Congress on the programs described in this section. The report shall include an evaluation of the programs, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the additional resources provided under this Act [see Tables for classification].”

Visas for Officials of Taiwan