§ 1182. Inadmissible aliens

Pub. L. 104–208, div. C, title III, § 341(c), Sept. 30, 1996, 110 Stat. 3009–636, provided that: “The amendments made by this section [amending this section] shall apply with respect to applications for immigrant visas or for adjustment of status filed after September 30, 1996.”

Pub. L. 104–208, div. C, title III, § 342(b), Sept. 30, 1996, 110 Stat. 3009–636, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 30, 1996] and shall apply to incitement regardless of when it occurs.”

Pub. L. 104–208, div. C, title III, § 344(c), Sept. 30, 1996, 110 Stat. 3009–637, provided that: “The amendments made by this section [amending this section and section 1251 [now 1227] of this title] shall apply to representations made on or after the date of the enactment of this Act [Sept. 30, 1996].”

Pub. L. 104–208, div. C, title III, § 346(b), Sept. 30, 1996, 110 Stat. 3009–638, provided that: “The amendment made by subsection (a) [amending this section] shall apply to aliens who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(F)] after the end of the 60-day period beginning on the date of the enactment of this Act [Sept. 30, 1996], including aliens whose status as such a nonimmigrant is extended after the end of such period.”

Pub. L. 104–208, div. C, title III, § 347(c), Sept. 30, 1996, 110 Stat. 3009–639, provided that: “The amendments made by this section [amending this section and section 1251 of this title] shall apply to voting occurring before, on, or after the date of the enactment of this Act [Sept. 30, 1996].”

Pub. L. 104–208, div. C, title III, § 348(b), Sept. 30, 1996, 110 Stat. 3009–639 provided that: “The amendment made by subsection (a) [amending this section] shall be effective on the date of the enactment of this Act [Sept. 30, 1996] and shall apply in the case of any alien who is in exclusion or deportation proceedings as of such date unless a final administrative order in such proceedings has been entered as of such date.”

Pub. L. 104–208, div. C, title III, § 351(c), Sept. 30, 1996, 110 Stat. 3009–640, provided that: “The amendments made by this section [amending this section and section 1251 of this title] shall apply to applications for waivers filed before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but shall not apply to such an application for which a final determination has been made as of the date of the enactment of this Act.”

Pub. L. 104–208, div. C, title III, § 352(b), Sept. 30, 1996, 110 Stat. 3009–641, provided that: “The amendment made by subsection (a) [amending this section] shall apply to individuals who renounce United States citizenship on and after the date of the enactment of this Act [Sept. 30, 1996].”

Pub. L. 104–208, div. C, title III, § 358, Sept. 30, 1996, 110 Stat. 3009–644, provided that: “The amendments made by this subtitle [subtitle D (§§ 354–358) of title III of div. C of Pub. L. 104–208, amending this section and sections 1189, 1531, 1532, 1534, and 1535 of this title] shall be effective as if included in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132).”

Pub. L. 104–208, div. C, title V, § 531(b), Sept. 30, 1996, 110 Stat. 3009–675, provided that: “The amendment made by subsection (a) [amending this section] shall apply to applications submitted on or after such date, not earlier than 30 days and not later than 60 days after the date the Attorney General promulgates under section 551(c)(2) of this division [set out as a note under section 1183a of this title] a standard form for an affidavit of support, as the Attorney General shall specify, but subparagraphs (C) and (D) of section 212(a)(4) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(4)(C), (D)], as so amended, shall not apply to applications with respect to which an official interview with an immigration officer was conducted before such effective date.”

Effective and Termination Dates of 1994 Amendment

Pub. L. 103–416, title II, § 203(c), Oct. 25, 1994, 108 Stat. 4311, provided that: “The amendments made by this section [amending this section and section 1251 of this title] shall apply to convictions occurring before, on, or after the date of the enactment of this Act [Oct. 25, 1994].”

Amendment by section 219(e) of Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as an Effective Date of 1994 Amendment note under section 1101 of this title.

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

Pub. L. 103–416, title II, § 220(c), Oct. 25, 1994, 108 Stat. 4320, as amended by Pub. L. 104–208, div. C, title VI, § 622(a), Sept. 30, 1996, 110 Stat. 3009–695; Pub. L. 107–273, div. C, title I, § 11018(b), Nov. 2, 2002, 116 Stat. 1825; Pub. L. 108–441, § 1(a)(1), Dec. 3, 2004, 118 Stat. 2630; Pub. L. 109–477, § 2, Jan. 12, 2007, 120 Stat. 3572; Pub. L. 110–362, § 1, Oct. 8, 2008, 122 Stat. 4013; Pub. L. 111–9, § 2, Mar. 20, 2009, 123 Stat. 989; Pub. L. 111–83, title V, § 568(b), Oct. 28, 2009, 123 Stat. 2186; Pub. L. 112–176, § 4, Sept. 28, 2012, 126 Stat. 1325, provided that: “The amendments made by this section [amending this section and section 1184 of this title] shall apply to aliens admitted to the United States under section 101(a)(15)(J) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(J)], or acquiring such status after admission to the United States, before, on, or after the date of enactment of this Act [Oct. 25, 1994] and before September 30, 2015.”

[Pub. L. 118–47, div. G, title I, § 102, Mar. 23, 2024, 138 Stat. 856, provided that: “Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2024’ for ‘September 30, 2015’.” ]

[Pub. L. 117–328, div. O, title III, § 304, Dec. 29, 2022, 136 Stat. 5228, provided that: “Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2023’ for ‘September 30, 2015’.”

[Pub. L. 117–103, div. O, title II, § 203, Mar. 15, 2022, 136 Stat. 788, provided that: “Subclauses [sic; probably should be “Section”] 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2022’ for ‘September 30, 2015’.” ]

[Pub. L. 116–260, div. O, title I, § 103, Dec. 27, 2020, 134 Stat. 2148, provided that: “Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2021’ for ‘September 30, 2015’.” ]

[Pub. L. 116–94, div. I, title I, § 103, Dec. 20, 2019, 133 Stat. 3019, provided that: “Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2020’ for ‘September 30, 2015’.” ]

[Pub. L. 116–6, div. H, title I, § 103, Feb. 15, 2019, 133 Stat. 475, provided that: “Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2019’ for ‘September 30, 2015’.” ]

[Pub. L. 115–141, div. M, title II, § 203, Mar. 23, 2018, 132 Stat. 1049, provided that: “Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2018’ for ‘September 30, 2015’.” ]

[Pub. L. 115–31, div. F, title V, § 541, May 5, 2017, 131 Stat. 432, provided that: “Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2017’ for ‘September 30, 2015’.” ]

[Pub. L. 114–113, div. F, title V, § 574, Dec. 18, 2015, 129 Stat. 2526, provided that: “Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416] (8 U.S.C. 1182 note) [set out above] shall be applied by substituting ‘September 30, 2016’ for the date specified in section 106(3) of the Continuing Appropriations Act, 2016 (Public Law 114–53) [Dec. 11, 2015, which had been substituted as applied by Pub. L. 114–53, div. B, § 133, Sept. 30, 2015, 129 Stat. 509].” ]

[Pub. L. 109–477, § 3, Jan. 12, 2007, 120 Stat. 3572, provided that: “The amendment made by section 2 [amending section 220(c) of Pub. L. 103–416, set out above] shall take effect as if enacted on May 31, 2006.” ]

[Pub. L. 108–441, § 1(a)(2), Dec. 3, 2004, 118 Stat. 2630, provided that: “The amendment made by paragraph (1) [amending section 220(c) of Pub. L. 103–416, set out above] shall take effect as if enacted on May 31, 2004.” ]

Pub. L. 103–317, title V, § 506(c), Aug. 26, 1994, 108 Stat. 1766, as amended by Pub. L. 105–46, § 123, Sept. 30, 1997, 111 Stat. 1158; Pub. L. 105–119, title I, § 111(b), Nov. 26, 1997, 111 Stat. 2458, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1994, and shall cease to have effect on October 1, 1997. The amendment made by subsection (b) [amending section 1255 of this title] shall take effect on October 1, 1994.”

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

Effective Date of 1993 Amendment

Pub. L. 103–43, title XX, § 2007(b), June 10, 1993, 107 Stat. 210, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 30 days after the date of the enactment of this Act [June 10, 1993].”

Effective Date of 1991 Amendment

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

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

Effective Date of 1990 Amendment

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

Amendment by section 162(f)(2)(B) of Pub. L. 101–649 applicable as though included in the enactment of Pub. L. 101–238, see section 162(f)(3) of Pub. L. 101–649, set out as a note under section 1101 of this title.

Pub. L. 101–649, title II, § 202(c), Nov. 29, 1990, 104 Stat. 5014, provided that: “The amendments made by this section [amending this section and section 1184 of this title] shall take effect 60 days after the date of the enactment of this Act [Nov. 29, 1990].”

Amendment by section 205(c)(3) of Pub. L. 101–649 effective Oct. 1, 1991, see section 231 of Pub. L. 101–649, set out as a note under section 1101 of this title.

Pub. L. 101–649, title V, § 511(b), Nov. 29, 1990, 104 Stat. 5052, provided that: “The amendment made by subsection (a) [amending this section] shall apply to admissions occurring after the date of the enactment of this Act [Nov. 29, 1990].”

Pub. L. 101–649, title V, § 514(b), Nov. 29, 1990, 104 Stat. 5053, provided that: “The amendment made by subsection (a) [amending this section] shall apply to admissions occurring on or after January 1, 1991.”

Amendment by section 601(a), (b), and (d) of Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–238, § 3(d), Dec. 18, 1989, 103 Stat. 2103, provided that: “The amendments made by the previous provisions of this section [amending this section and section 1101 of this title] shall apply to classification petitions filed for nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning after the date of the enactment of this Act [Dec. 18, 1989].”

Effective Date of 1988 Amendments

Pub. L. 100–690, title VII, § 7349(b), Nov. 18, 1988, 102 Stat. 4473, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any alien convicted of an aggravated felony who seeks admission to the United States on or after the date of the enactment of this Act [Nov. 18, 1988].”

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

Pub. L. 100–525, § 7(d), Oct. 24, 1988, 102 Stat. 2617, provided that: “The amendments made by this section [amending this section, sections 1186a and 1255 of this title, and provisions set out as a note below] shall be effective as if they were included in the enactment of the Immigration Marriage Fraud Amendments of 1986 [Pub. L. 99–639].”

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

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99–653, set out as a note under section 1101 of this title.

Pub. L. 99–639, § 6(c), formerly § 6(b), Nov. 10, 1986, 100 Stat. 3544, as redesignated and amended by Pub. L. 100–525, § 7(c)(2), Oct. 24, 1988, 102 Stat. 2616, provided that: “The amendment made by this section [amending this section] shall apply to the receipt of visas by, and the admission of, aliens occurring after the date of the enactment of this Act [Nov. 10, 1986] based on fraud or misrepresentations occurring before, on, or after such date.”

Pub. L. 99–570, title I, § 1751(c), Oct. 27, 1986, 100 Stat. 3207–47, provided that: “The amendments made by the [sic] subsections (a) and (b) of this section [amending this section and section 1251 of this title] shall apply to convictions occurring before, on, or after the date of the enactment of this section [Oct. 27, 1986], and the amendments made by subsection (a) [amending this section] shall apply to aliens entering the United States after the date of the enactment of this section.”

Effective Date of 1984 Amendment

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

Effective Date of 1981 Amendment

Pub. L. 97–116, § 5(c), Dec. 29, 1981, 95 Stat. 1614, provided that: “The amendments made by paragraphs (2), (5), and (6) of subsection (b) [striking out “including any extension of the duration thereof under subparagraph (D)” in subsec. (j)(1)(C) of this section, amending subsec. (j)(1)(D) of this section, and enacting subsec. (j)(1)(E) of this section] shall apply to aliens entering the United States as exchange visitors (or otherwise acquiring exchange visitor status) on or after January 10, 1978.”

Amendment by Pub. L. 97–116 effective Dec. 29, 1981, except as provided by section 5(c) of Pub. L. 97–116, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title.

Effective Date of 1980 Amendment

Amendment by section 203(d) of Pub. L. 96–212 effective, except as otherwise provided, Apr. 1, 1980, and amendment by section 203(f) of Pub. L. 96–212 applicable, except as otherwise provided, to aliens paroled into the United States on or after the sixtieth day after Mar. 17, 1980, see section 204 of Pub. L. 96–212, set out as a note under section 1101 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–70 effective Sept. 27, 1979, see section 3201(d)(1) of Pub. L. 96–70, set out as a note under section 1101 of this title.

Pub. L. 96–70, title III, § 3201(d)(2), Sept. 27, 1979, 93 Stat. 497, provided that: “Paragraph (9) of section 212(d) of the Immigration and Nationality Act [subsec. (d)(9) of this section], as added by subsection (b) of this section, shall cease to be effective at the end of the transition period [midnight Mar. 31, 1982, see section 2101 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to section 3831 of Title 22, Foreign Relations and Intercourse].”

Effective Date of 1976 Amendments

Amendment by Pub. L. 94–571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as a note under section 1101 of this title.

Amendment by section 601(d) of Pub. L. 94–484 applicable only on and after Jan. 10, 1978, notwithstanding section 601(f) of Pub. L. 94–484, see section 602(d) of Pub. L. 94–484, as added by section 307(q)(3) of Pub. L. 95–83, set out as an Effective Date of 1977 Amendment note under section 1101 of this title.

Pub. L. 94–484, title VI, § 601(f), Oct. 12, 1976, 90 Stat. 2303, provided that: “The amendments made by this section [amending this section and section 1101 of this title] shall take effect ninety days after the date of enactment of this section [Oct. 12, 1976].”

Effective Date of 1965 Amendment

For effective date of amendment by Pub. L. 89–236 see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title.

Effective Date of 1956 Amendment

Amendment by act July 18, 1956, effective July 19, 1956, see section 401 of act July 18, 1956.

Construction of 1990 Amendment

Pub. L. 102–232, title III, § 302(e)(6), Dec. 12, 1991, 105 Stat. 1746, provided that: “Paragraph (1) of section 162(e) of the Immigration Act of 1990 [Pub. L. 101–649, amending this section] is repealed, and the provisions of law amended by such paragraph are restored as though such paragraph had not been enacted.”

Regulations

Pub. L. 106–95, § 2(d), Nov. 12, 1999, 113 Stat. 1316, provided that: “Not later than 90 days after the date of the enactment of this Act [Nov. 12, 1999], the Secretary of Labor (in consultation, to the extent required, with the Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final regulations to carry out section 212(m) of the Immigration and Nationality Act [8 U.S.C. 1182(m)] (as amended by subsection (b)).” [Interim final regulations implementing subsec. (m) of this section were promulgated Aug. 21, 2000, published Aug. 22, 2000, 65 F.R. 51138, and effective Sept. 21, 2000.]

Pub. L. 105–277, div. C, title IV, § 412(e), Oct. 21, 1998, 112 Stat. 2681–645, provided that: “In first promulgating regulations to implement the amendments made by this section [amending this section] in a timely manner, the Secretary of Labor and the Attorney General may reduce to not less than 30 days the period of public comment on proposed regulations.”

Pub. L. 104–208, div. C, title I, § 124(b)(2), Sept. 30, 1996, 110 Stat. 3009–562, provided that: “The Attorney General shall first issue, in proposed form, regulations referred to in the second sentence of section 212(f) of the Immigration and Nationality Act [8 U.S.C. 1182(f)], as added by the amendment made by paragraph (1), not later than 90 days after the date of the enactment of this Act [Sept. 30, 1996].”

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.

Parole in Place for Members of the Armed Forces and Certain Military Dependents

Pub. L. 116–92, div. A, title XVII, § 1758, Dec. 20, 2019, 133 Stat. 1860, provided that: “(a) In General.—In evaluating a request from a covered individual for parole in place under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), the Secretary of Homeland Security shall consider, on a case-by-case basis, whether granting the request would enable military family unity that would constitute a significant public benefit. “(b) Sense of Congress.—It is the sense of Congress that—“(1) parole in place reinforces the objective of military family unity; “(2) except as required in furtherance of the missions of the Armed Forces, disruption to military family unity should be minimized in order to enhance military readiness and allow members of the Armed Forces to focus on the faithful execution of their military missions and objectives, with peace of mind regarding the well-being of their family members; and “(3) the importance of the parole in place authority of the Secretary of Homeland Security is reaffirmed. “(c) Covered Individual Defined.—In this section, the term ‘covered individual’ means an alien who—“(1) is a member of the Armed Forces; “(2) is the spouse, son, or daughter of a member of the Armed Forces; “(3) is the parent of a member of the Armed Forces who supports the request of such parent for parole in place; or “(4) is the widow, widower, parent, son, or daughter of a deceased member of the Armed Forces.”

Reciprocal Access to Tibet

Pub. L. 115–330, Dec. 19, 2018, 132 Stat. 4479, as amended by Pub. L. 118–159, div. G, title LXXVIII, § 7812(f), Dec. 23, 2024, 138 Stat. 2566, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Reciprocal Access to Tibet Act of 2018’. “SEC. 2. FINDINGS.“Congress finds the following:“(1) The Government of the People’s Republic of China does not grant United States diplomats and other officials, journalists, and other citizens access to China on a basis that is reciprocal to the access that the Government of the United States grants Chinese diplomats and other officials, journalists, and citizens. “(2) The Government of China imposes greater restrictions on travel to Tibetan areas than to other areas of China. “(3) Officials of China have stated that Tibet is open to foreign visitors. “(4) The Government of China is promoting tourism in Tibetan areas, and at the Sixth Tibet Work Forum in August 2015, Premier Li Keqiang called for Tibet to build ‘major world tourism destinations’. “(5) The Government of China requires foreigners to obtain permission from the Tibet Foreign and Overseas Affairs Office or from the Tibet Tourism Bureau to enter the Tibet Autonomous Region, a restriction that is not imposed on travel to any other provincial-level jurisdiction in China. “(6) The Department of State reports that—“(A) officials of the Government of the United States submitted 39 requests for diplomatic access to the Tibet Autonomous Region between May 2011 and July 2015, but only four were granted; and “(B) when such requests are granted, diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities. “(7) The Government of China delayed United States consular access for more than 48 hours after an October 28, 2013, bus crash in the Tibet Autonomous Region, in which three citizens of the United States died and more than a dozen others, all from Walnut, California, were injured, undermining the ability of the Government of the United States to provide consular services to the victims and their families, and failing to meet China’s obligations under the Convention on Consular Relations, done at Vienna April 24, 1963 (21 UST 77). “(8) Following a 2015 earthquake that trapped dozens of citizens of the United States in the Tibet Autonomous Region, the United States Consulate General in Chengdu faced significant challenges in providing emergency consular assistance due to a lack of consular access. “(9) The Country Reports on Human Rights Practices for 2015 of the Department of State stated ‘With the exception of a few highly controlled trips, the Chinese government also denied multiple requests by foreign diplomats for permission to visit the TAR.’. “(10) Tibetan-Americans, attempting to visit their homeland, report having to undergo a discriminatory visa application process, different from what is typically required, at the Chinese embassy and consulates in the United States, and often find their requests to travel denied. “(11) The Country Reports on Human Rights Practices for 2016 of the Department of State stated ‘The few visits to the TAR by diplomats and journalists that were allowed were tightly controlled by local authorities.’. “(12) A September 2016 article in the Washington Post reported that ‘The Tibet Autonomous Region . . . is harder to visit as a journalist than North Korea.’. “(13) The Government of China has failed to respond positively to requests from the Government of the United States to open a consulate in Lhasa, Tibet Autonomous Region. “(14) The Foreign Correspondents Club of China reports that—“(A) 2008 rules prevent foreign reporters from visiting the Tibet Autonomous Region without prior permission from the Government of such Region; “(B) such permission has only rarely been granted; and “(C) although the 2008 rules allow journalists to travel freely in other parts of China, Tibetan areas outside such Region remain ‘effectively off-limits to foreign reporters’. “(15) The Department of State reports that in addition to having to obtain permission to enter the Tibet Autonomous Region, foreign tourists—“(A) must be accompanied at all times by a government-designated tour guide; “(B) are rarely granted permission to enter the region by road; “(C) are largely barred from visiting around the March anniversary of a 1959 Tibetan uprising; and “(D) are banned from visiting the area where Larung Gar, the world’s largest center for the study of Tibetan Buddhism, and the site of a large-scale campaign to expel students and demolish living quarters, is located. “(16) Foreign visitors also face restrictions in their ability to travel freely in Tibetan areas outside the Tibet Autonomous Region. “(17) The Government of the United States generally allows journalists and other citizens of China to travel freely within the United States. The Government of the United States requires diplomats from China to notify the Department of State of their travel plans, and in certain situations, the Government of the United States requires such diplomats to obtain approval from the Department of State before travel. However, where approval is required, it is almost always granted expeditiously. “(18) The United States regularly grants visas to Chinese diplomats and other officials, scholars, and others who travel to the United States to discuss, promote, and display the perspective of the Government of China on the situation in Tibetan areas, even as the Government of China restricts the ability of citizens of the United States to travel to Tibetan areas to gain their own perspective. “(19) Chinese diplomats based in the United States generally avail themselves of the freedom to travel to United States cities and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements of concern on Tibet. “(20) The Government of China characterizes statements made by officials of the United States about the situation in Tibetan areas as inappropriate interference in the internal affairs of China. “SEC. 3. DEFINITIONS.“In this Act:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and “(B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. “(2) Tibetan areas.—The term ‘Tibetan areas’ includes—“(A) the Tibet Autonomous Region; and “(B) the areas that the Chinese Government designates as Tibetan Autonomous, as follows:“(i) Kanlho (Gannan) Tibetan Autonomous Prefecture, and Pari (Tianzhu) Tibetan Autonomous County located in Gansu Province. “(ii) Golog (Guoluo) Tibetan Autonomous Prefecture, Malho (Huangnan) Tibetan Autonomous Prefecture, Tsojang (Haibei) Tibetan Autonomous Prefecture, Tsolho (Hainan) Tibetan Autonomous Prefecture, Tsonub (Haixi) Mongolian and Tibetan Autonomous Prefecture, and Yulshul (Yushu) Tibetan Autonomous Prefecture, located in Qinghai Province. “(iii) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Autonomous Prefecture, and Muli (Mili) Tibetan Autonomous County, located in Sichuan Province. “(iv) Dechen (Diqing) Tibetan Autonomous Prefecture, located in Yunnan Province. “SEC. 4. ANNUAL REPORT ON ACCESS TO TIBETAN AREAS.“(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 19, 2018], and annually thereafter for the following 10 years, the Secretary of State shall submit to the appropriate congressional committees, and make available to the public on the website of the Department of State, a report that includes an assessment of the level of access Chinese authorities granted diplomats and other officials, journalists, and tourists from the United States to Tibetan areas, including—“(1) a comparison with the level of access granted to other areas of China; “(2) a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces; “(3) a comparison of the level of access in the reporting year and the previous reporting year; and “(4) a description of the required permits and other measures that impede the freedom to travel in Tibetan areas. “(b) Consolidation.—After the issuance of the first report required by subsection (a), the Secretary of State is authorized to incorporate subsequent reports required by subsection (a) into other publicly available, annual reports produced by the Department of State, provided they are submitted to the appropriate congressional committees in a manner specifying that they are being submitted in fulfillment of the requirements of this Act. “SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS.“(a) Ineligibility for Visas.—No individual whom the Secretary of State has determined to be substantially involved in the formulation or execution of policies related to access for foreigners to Tibetan areas may be eligible to receive a visa to enter the United States or be admitted to the United States if the Secretary of State determines that—“(1)(A) the requirement for specific official permission for foreigners to enter the Tibetan Autonomous Region remains in effect; or “(B) such requirement has been replaced by a regulation that has a similar effect and requires foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other provinces in China; and “(2) restrictions on travel by diplomats and other officials, journalists, and citizens of the United States to areas designated as ‘Tibetan Autonomous’ in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of China are greater than any restrictions on travel by such officials and citizens to areas in such provinces that are not so designated. “(b) Current Visas Revoked.—The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation to enter or be present in the United States issued for an alien who would be ineligible to receive such a visa or documentation under subsection (a). “(c) Report to Congress.—Not later than one year after the date of the enactment of this Act [Dec. 19, 2018], and annually thereafter for the following 10 years, the Secretary of State shall provide to the appropriate congressional committees a report identifying the individuals who have had visas denied or revoked pursuant to this section during the preceding year and, to the extent practicable, a list of Chinese officials who were substantially involved in the formulation or execution of policies to restrict access of United States diplomats and other officials, journalists, and citizens of the United States to Tibetan areas. The report required by this subsection shall be submitted in unclassified form, but may include a classified annex. “(d) Waiver for National Interest.—“(1) In general.—The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver—“(A) is necessary to permit the United States to comply with the Agreement Regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947 (TIAS 1676), or any other applicable international obligation of the United States; or “(B) is in the national interest of the United States. “(2) Notification.—Upon granting a waiver under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver, including, if such waiver is granted pursuant to paragraph (1)(B), how such waiver relates to the national interest of the United States. “SEC. 6. SENSE OF CONGRESS.“It is the sense of Congress that the Secretary of State, when granting diplomats and other officials from China access to parts of the United States, including consular access, should take into account the extent to which the Government of China grants diplomats and other officials from the United States access to parts of China, including the level of access afforded to such diplomats and other officials to Tibetan areas.”

Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army Under Immigration and Nationality Act

Pub. L. 115–232, div. A, title XII, § 1291, Aug. 13, 2018, 132 Stat. 2083, provided that: “(a) Removal of Treatment as Terrorist Organizations.—“(1) In general.—Except as provided in paragraph (2), the Rwandan Patriotic Front and the Rwandan Patriotic Army shall be excluded from the definition of terrorist organization (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III))) for purposes of such section 212(a)(3)(B) for any period before August 1, 1994. “(2) Exception.—“(A) In general.—The Secretary of State, in consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, as applicable, may suspend the application of paragraph (1) for the Rwandan Patriotic Front or the Rwandan Patriotic Army in the sole and unreviewable discretion of such applicable Secretary. “(B) Report.—Not later than, or contemporaneously with, a suspension of paragraph (1) under subparagraph (A), the Secretary of State or the Secretary of Homeland Security, as applicable, shall submit to the appropriate committees of Congress a report on the justification for such suspension. “(b) Relief From Inadmissibility.—“(1) Activities before august 1, 1994.—Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien with respect to any activity undertaken by the alien in association with the Rwandan Patriotic Front or the Rwandan Patriotic Army before August 1, 1994. “(2) Exceptions.—“(A) In general.—Paragraph (1) shall not apply if the Secretary of State or the Secretary of Homeland Security, as applicable, determines in the sole unreviewable discretion of such applicable Secretary that—“(i) in the totality of the circumstances, such alien— “(I) poses a threat to the safety and security of the United States; or “(II) does not merit a visa, admission to the United States, or a grant of an immigration benefit or protection; or “(ii) such alien committed, ordered, incited, assisted, or otherwise participated in the commission of— “(I) an offense described in section 2441 of title 18, United States Code; or “(II) an offense described in Presidential Proclamation 8697, dated August 4, 2011 [set out under this section]. “(B) Implementation.—Subparagraph (A) shall be implemented by the Secretary of State and the Secretary of Homeland Security, in consultation with the Attorney General. “(c) Appropriate Committees of Congress Defined.—In this section, the term ‘appropriate committees of Congress’ means—“(1) the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and “(2) the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.”

Treatment of Kurdistan Democratic Party and Patriotic Union of Kurdistan Under the Immigration and Nationality Act

Pub. L. 113–291, div. A, title XII, § 1264, Dec. 19, 2014, 128 Stat. 3582, provided that: “(a) Removal of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan From Treatment as Terrorist Organizations.—“(1) In general.—Except as provided in paragraph (2), the Kurdistan Democratic Party and the Patriotic Union of Kurdistan shall be excluded from the definition of terrorist organization (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III))) for purposes of such section 212(a)(3)(B). “(2) Exception.—The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend the application of paragraph (1) for either or both of the groups referred to in paragraph (1) in such Secretary’s sole and unreviewable discretion. Prior to or contemporaneous with such suspension, the Secretary of State or the Secretary of Homeland Security shall report their reasons for suspension to the Committees on Judiciary of the House of Representatives and of the Senate, the Committees on Appropriations in the House of Representatives and of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. “(b) Relief Regarding Admissibility of Nonimmigrant Aliens Associated With the Kurdistan Democratic Party and the Patriotic Union of Kurdistan.—“(1) For activities opposing the ba’ath regime.—Paragraph (3)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien with respect to activities undertaken in association with the Kurdistan Democratic Party or the Patriotic Union of Kurdistan in opposition to the regime of the Arab Socialist Ba’ath Party and the autocratic dictatorship of Saddam Hussein in Iraq. “(2) For membership in the kurdistan democratic party and patriotic union of kurdistan.—Paragraph (3)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien applying for a nonimmigrant visa, who presents themselves for inspection to an immigration officer at a port of entry as a nonimmigrant, or who is applying in the United States for nonimmigrant status, and who is a member of the Kurdistan Democratic Party or the Patriotic Union of Kurdistan and currently serves or has previously served as a senior official (such as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, President, Vice-President, Member of Parliament, provincial Governor or member of the National Security Council) of the Kurdistan Regional Government or the federal government of the Republic of Iraq. “(3) Exception.—Neither paragraph (1) nor paragraph (2) shall apply if the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) determine in their sole unreviewable discretion that such alien poses a threat to the safety and security of the United States, or does not warrant a visa, admission to the United States, or a grant of an immigration benefit or protection, in the totality of the circumstances. This provision shall be implemented by the Secretary of State and the Secretary of Homeland Security in consultation with the Attorney General. “(c) Prohibition on Judicial Review.—Notwithstanding any other provision of law (whether statutory or nonstatutory), section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), sections 1361 and 1651 of title 28, United States Code, section 2241 of such title, and any other habeas corpus provision of law, no court shall have jurisdiction to review any determination made pursuant to this section.”

African National Congress; Waiver of Certain Inadmissibility Grounds

Pub. L. 110–257, §§ 2, 3, July 1, 2008, 122 Stat. 2426, provided that: “SEC. 2. RELIEF FOR CERTAIN MEMBERS OF THE AFRICAN NATIONAL CONGRESS REGARDING ADMISSIBILITY.“(a) Exemption Authority.—The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may determine, in such Secretary’s sole and unreviewable discretion, that paragraphs (2)(A)(i)(I), (2)(B), and (3)(B) (other than clause (i)(II)) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply to an alien with respect to activities undertaken in association with the African National Congress in opposition to apartheid rule in South Africa. “(b) Sense of Congress.—It is the sense of the Congress that the Secretary of State and the Secretary of Homeland Security should immediately exercise in appropriate instances the authority in subsection (a) to exempt the anti-apartheid activities of aliens who are current or former officials of the Government of the Republic of South Africa. “SEC. 3. REMOVAL OF CERTAIN AFFECTED INDIVIDUALS FROM CERTAIN UNITED STATES GOVERNMENT DATABASES.“The Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall take all necessary steps to ensure that databases used to determine admissibility to the United States are updated so that they are consistent with the exemptions provided under section 2.”

Availability of Other Nonimmigrant Professionals

Pub. L. 110–229, title VII, § 702(k), May 8, 2008, 122 Stat. 867, provided that: “The requirements of section 212(m)(6)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a facility in Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands.”

Report on Duress Waivers

Pub. L. 110–161, div. J, title VI, § 691(e), Dec. 26, 2007, 121 Stat. 2365, provided that: “The Secretary of Homeland Security shall provide to the Committees on the Judiciary of the United States Senate and House of Representatives a report, not less than 180 days after the enactment of this Act [Dec. 26, 2007] and every year thereafter, which may include a classified annex, if appropriate, describing— “(1) the number of individuals subject to removal from the United States for having provided material support to a terrorist group who allege that such support was provided under duress; “(2) a breakdown of the types of terrorist organizations to which the individuals described in paragraph (1) have provided material support; “(3) a description of the factors that the Department of Homeland Security considers when evaluating duress waivers; and “(4) any other information that the Secretary believes that the Congress should consider while overseeing the Department’s application of duress waivers.”

Inadmissibility of Foreign Officials and Family Members Involved in Kleptocracy or Human Rights Violations

Pub. L. 118–47, div. F, title VII, § 7031(c), Mar. 23, 2024, 138 Stat. 784, provided that: “(1) Ineligibility.—“(A) Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights, including the wrongful detention of locally employed staff of a United States diplomatic mission or a United States citizen or national, shall be ineligible for entry into the United States. “(B) Concurrent with the application of subparagraph (A), the Secretary shall, as appropriate, refer the matter to the Office of Foreign Assets Control, Department of the Treasury, to determine whether to apply sanctions authorities in accordance with United States law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in such subparagraph. “(C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. “(2) Exception.—Individuals shall not be ineligible for entry into the United States pursuant to paragraph (1) if such entry would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements. “(3) Waiver.—The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. “(4) Report.—Not later than 30 days after the date of enactment of this Act [Mar. 23, 2024], and every 90 days thereafter until September 30, 2025, the Secretary of State shall submit a report, including a classified annex if necessary, to the appropriate congressional committees [Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives] and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver. “(5) Posting of report.—Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State website. “(6) Clarification.—For purposes of paragraphs (1), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential.”

Similar provisions were contained in the following prior acts:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Money Laundering Watchlist

Pub. L. 107–56, title X, § 1006(b), Oct. 26, 2001, 115 Stat. 394, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 26, 2001], the Secretary of State shall develop, implement, and certify to the Congress that there has been established a money laundering watchlist, which identifies individuals worldwide who are known or suspected of money laundering, which is readily accessible to, and shall be checked by, a consular or other Federal official prior to the issuance of a visa or admission to the United States. The Secretary of State shall develop and continually update the watchlist in cooperation with the Attorney General, the Secretary of the Treasury, and the Director of Central Intelligence.”

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

Recommendations for Alternative Remedy for Nursing Shortage

Pub. L. 106–95, § 3, Nov. 12, 1999, 113 Stat. 1317, provided that: “Not later than the last day of the 4-year period described in section 2(e) [set out as a note above], the Secretary of Health and Human Services and the Secretary of Labor shall jointly submit to the Congress recommendations (including legislative specifications) with respect to the following: “(1) A program to eliminate the dependence of facilities described in section 212(m)(6) of the Immigration and Nationality Act [8 U.S.C. 1182(m)(6)] (as amended by section 2(b)) on nonimmigrant registered nurses by providing for a permanent solution to the shortage of registered nurses who are United States citizens or aliens lawfully admitted for permanent residence. “(2) A method of enforcing the requirements imposed on facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(c), 1182(m)] (as amended by section 2) that would be more effective than the process described in section 212(m)(2)(E) of such Act [8 U.S.C. 1182(m)(2)(E)] (as so amended).”

Issuance of Certified Statements

Pub. L. 106–95, § 4(c), Nov. 12, 1999, 113 Stat. 1318, provided that: “The Commission on Graduates of Foreign Nursing Schools, or any approved equivalent independent credentialing organization, shall issue certified statements pursuant to the amendment under subsection (a) [amending this section] not more than 35 days after the receipt of a complete application for such a statement.”

Extension of Authorized Period of Stay for Certain Nurses

Pub. L. 104–302, § 1, Oct. 11, 1996, 110 Stat. 3656, provided that: “(a) Aliens Who Previously Entered the United States Pursuant to an H–1A Visa.—“(1) In general.—Notwithstanding any other provision of law, the authorized period of stay in the United States of any nonimmigrant described in paragraph (2) is hereby extended through September 30, 1997. “(2) Nonimmigrant described.—A nonimmigrant described in this paragraph is a nonimmigrant—“(A) who entered the United States as a nonimmigrant described in section 101(a)(15)(H)(i)(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(a)]; “(B) who was within the United States on or after September 1, 1995, and who is within the United States on the date of the enactment of this Act [Oct. 11, 1996]; and “(C) whose period of authorized stay has expired or would expire before September 30, 1997 but for the provisions of this section. “(3) Limitations.—Nothing in this section may be construed to extend the validity of any visa issued to a nonimmigrant described in section 101(a)(15)(H)(i)(a) of the Immigration and Nationality Act or to authorize the re-entry of any person outside the United States on the date of the enactment of this Act. “(b) Change of Employment.—A nonimmigrant whose authorized period of stay is extended by operation of this section shall not be eligible to change employers in accordance with section 214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). “(c) Regulations.—Not later than 30 days after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out the provisions of this section. “(d) Interim Treatment.—A nonimmigrant whose authorized period of stay is extended by operation of this section, and the spouse and child of such nonimmigrant, shall be considered as having continued to maintain lawful status as a nonimmigrant through September 30, 1997.”

References to Inadmissible Deemed To Include Excludable and References to Order of Removal Deemed To Include Order of Exclusion and Deportation

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

Annual Report on Aliens Paroled Into United States

Pub. L. 104–208, div. C, title VI, § 602(b), 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 categories of aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act [8 U.S.C. 1182(d)(5)]. Each such report shall provide the total number of aliens paroled into and residing in the United States and shall contain information and data for each country of origin concerning the number and categories of aliens paroled, the duration of parole, the current status of aliens paroled, and the number and categories of aliens returned to the custody from which they were paroled during the preceding fiscal year.”

Assistance to Drug Traffickers

Pub. L. 103–447, title I, § 107, Nov. 2, 1994, 108 Stat. 4695, provided that: “The President shall take all reasonable steps provided by law to ensure that the immediate relatives of any individual described in section 487(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291f(a)), and the business partners of any such individual or of any entity described in such section, are not permitted entry into the United States, consistent with the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).”

Processing of Visas for Admission to United States

Pub. L. 103–236, title I, § 140(c), Apr. 30, 1994, 108 Stat. 399, as amended by Pub. L. 103–415, § 1(d), Oct. 25, 1994, 108 Stat. 4299, provided that: “(1)(A) Beginning 24 months after the date of the enactment of this Act [Apr. 30, 1994], whenever a United States consular officer issues a visa for admission to the United States, that official shall certify, in writing, that a check of the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], has been made and that there is no basis under such system for the exclusion of such alien. “(B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the alien’s name is included in the Department of State’s visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the alien’s name in such system, the consular officer’s failure shall be made a matter of record and shall be considered as a serious negative factor in the officer’s annual performance evaluation. “(2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1)(B) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious injury, loss of life, or significant destruction of property in the United States, the Secretary of State shall convene an Accountability Review Board [now “Security Review Committee”] under the authority of title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 [22 U.S.C. 4831 et seq.].”

Access to Interstate Identification Index of National Crime Information Center; Fingerprint Checks

Pub. L. 103–236, title I, § 140(d)–(g), Apr. 30, 1994, 108 Stat. 400, as amended by Pub. L. 103–317, title V, § 505, Aug. 26, 1994, 108 Stat. 1765; Pub. L. 104–208, div. C, title VI, § 671(g)(2), Sept. 30, 1996, 110 Stat. 3009–724; Pub. L. 105–119, title I, § 126, Nov. 26, 1997, 111 Stat. 2471, provided that: “(d) Access to the Interstate Identification Index.—“(1) Subject to paragraphs (2) and (3), the Department of State Consolidated Immigrant Visa Processing Center shall have on-line access, without payment of any fee or charge, to the Interstate Identification Index of the National Crime Information Center solely for the purpose of determining whether a visa applicant has a criminal history record indexed in such Index. Such access does not entitle the Department of State to obtain the full content of automated records through the Interstate Identification Index. To obtain the full content of a criminal history record, the Department shall submit a separate request to the Identification Records Section of the Federal Bureau of Investigation, and shall pay the appropriate fee as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101–162) [103 Stat. 988, 998]. “(2) The Department of State shall be responsible for all one-time start-up and recurring incremental non-personnel costs of establishing and maintaining the access authorized in paragraph (1). “(3) The individual primarily responsible for the day-to-day implementation of paragraph (1) shall be an employee of the Federal Bureau of Investigation selected by the Department of State, and detailed to the Department on a fully reimbursable basis. “(e) Fingerprint Checks.—“(1) Effective not later than March 31, 1995, the Secretary of State shall in the ten countries with the highest volume of immigrant visa issuance for the most recent fiscal year for which data are available require the fingerprinting of applicants over sixteen years of age for immigrant visas. The Department of State shall submit records of such fingerprints to the Federal Bureau of Investigation in order to ascertain whether such applicants previously have been convicted of a felony under State or Federal law in the United States, and shall pay all appropriate fees. “(2) The Secretary shall prescribe and publish such regulations as may be necessary to implement the requirements of this subsection, and to avoid undue processing costs and delays for eligible immigrants and the United States Government. “(f) Not later than December 31, 1996, the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate, a report on the effectiveness of the procedures authorized in subsections (d) and (e). “(g) Subsections (d) and (e) shall cease to have effect after May 1, 1998.”

Visa Lookout Systems

Pub. L. 103–236, title I, § 140(b), Apr. 30, 1994, 108 Stat. 399, provided that: “Not later than 18 months after the date of the enactment of this Act [Apr. 30, 1994], the Secretary of State shall implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities.”

Pub. L. 102–138, title I, § 128, Oct. 28, 1991, 105 Stat. 660, as amended by Pub. L. 104–208, div. C, title III, § 308(d)(3)(C), Sept. 30, 1996, 110 Stat. 3009–617, provided that: “(a) Visas.—The Secretary of State may not include in the Automated Visa Lookout System, or in any other system or list which maintains information about the inadmissibility of aliens under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], the name of any alien who is not inadmissible from the United States under the Immigration and Nationality Act, subject to the provisions of this section. “(b) Correction of Lists.—Not later than 3 years after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State shall—“(1) correct the Automated Visa Lookout System, or any other system or list which maintains information about the inadmissibility of aliens under the Immigration and Nationality Act, by deleting the name of any alien not inadmissible under the Immigration and Nationality Act; and “(2) report to the Congress concerning the completion of such correction process. “(c) Report on Correction Process.—“(1) Not later than 90 days after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State, in coordination with the heads of other appropriate Government agencies, shall prepare and submit to the appropriate congressional committees, a plan which sets forth the manner in which the Department of State will correct the Automated Visa Lookout System, and any other system or list as set forth in subsection (b). “(2) Not later than 1 year after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State shall report to the appropriate congressional committees on the progress made toward completing the correction of lists as set forth in subsection (b). “(d) Application.—This section refers to the Immigration and Nationality Act as in effect on and after June 1, 1991. “(e) Limitation.—“(1) The Secretary may add or retain in such system or list the names of aliens who are not inadmissible only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation which clearly and distinctly indicates that such person is not presently inadmissible. The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for any reason not set forth in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]. “(2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems and lists for purposes described in paragraph (1). “(3) Nothing in this section may be construed as creating new authority or expanding any existing authority for any activity not otherwise authorized by law. “(f) Definition.—As used in this section the term ‘appropriate congressional committees’ means the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.”

Changes in Labor Certification Process

Pub. L. 101–649, title I, § 122, Nov. 29, 1990, 104 Stat. 4994, as amended by Pub. L. 103–416, title II, § 219(ff), Oct. 25, 1995, 108 Stat. 4319, provided that: “[(a) Repealed. Pub. L. 103–416, title II, § 219(ff), Oct. 25, 1994, 108 Stat. 4319.] “(b) Notice in Labor Certifications.—The Secretary of Labor shall provide, in the labor certification process under section 212(a)(5)(A) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(5)(A)], that—“(1) no certification may be made unless the applicant for certification has, at the time of filing the application, provided notice of the filing (A) to the bargaining representative (if any) of the employer’s employees in the occupational classification and area for which aliens are sought, or (B) if there is no such bargaining representative, to employees employed at the facility through posting in conspicuous locations; and “(2) any person may submit documentary evidence bearing on the application for certification (such as information on available workers, information on wages and working conditions, and information on the employer’s failure to meet terms and conditions with respect to the employment of alien workers and co-workers).”

Review of Exclusion Lists

Pub. L. 101–649, title VI, § 601(c), Nov. 29, 1990, 104 Stat. 5075, as amended by Pub. L. 104–208, div. C, title III, § 308(d)(3)(B), (f)(1)(Q), Sept. 30, 1996, 110 Stat. 3009–617, 3009–621, provided that: “The Attorney General and the Secretary of State shall develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the United States. Such protocols and guidelines shall be developed in a manner that ensures that in the case of an alien—“(1) whose name is in such system, and “(2) who either (A) applies for admission after the effective date of the amendments made by this section [see Effective Date of 1990 Amendment note above], or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the alien’s continued inadmissibility under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], if the alien is no longer inadmissible because of an amendment made by this section the alien’s name shall be removed from such books and system and the alien shall be informed of such removal and if the alien continues to be inadmissible the alien shall be informed of such determination.”

Implementation of Requirements for Admission of Nonimmigrant Nurses During 5-Year Period

Pub. L. 101–238, § 3(c), Dec. 18, 1989, 103 Stat. 2103, provided that: “The Secretary of Labor (in consultation with the Secretary of Health and Human Services) shall— “(1) first publish final regulations to carry out section 212(m) of the Immigration and Nationality Act [8 U.S.C. 1182(m)] (as added by this section) not later than the first day of the 8th month beginning after the date of the enactment of this Act [Dec. 18, 1989]; and “(2) provide for the appointment (by January 1, 1991) of an advisory group, including representatives of the Secretary, the Secretary of Health and Human Services, the Attorney General, hospitals, and labor organizations representing registered nurses, to advise the Secretary—“(A) concerning the impact of this section on the nursing shortage, “(B) on programs that medical institutions may implement to recruit and retain registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, “(C) on the formulation of State recruitment and retention plans under section 212(m)(3) of the Immigration and Nationality Act, and “(D) on the advisability of extending the amendments made by this section [amending sections 1101 and 1182 of this title] beyond the 5-year period described in subsection (d) [set out above].”

Prohibition on Exclusion or Deportation of Aliens on Certain Grounds

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

Regulations Governing Admission, Detention, and Travel of Nonimmigrant Aliens in Guam Pursuant to Visa Waivers

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

Annual Report to Congress on Implementation of Provisions Authorizing Waiver of Certain Requirements for Nonimmigrant Visitors to Guam

Pub. L. 99–396, § 14(c), Aug. 27, 1986, 100 Stat. 842, as amended by Pub. L. 100–525, § 3(1)(B), (C), Oct. 24, 1988, 102 Stat. 2614, directed Attorney General to submit a report each year on implementation of 8 U.S.C. 1182(l) to Committees on the Judiciary and Interior and Insular Affairs of House of Representatives and Committees on the Judiciary and Energy and Natural Resources of Senate, prior to repeal by Pub. L. 101–649, title VI, § 603(a)(19), Nov. 29, 1990, 104 Stat. 5084.

Sharing of Information Concerning Drug Traffickers

Pub. L. 99–93, title I, § 132, Aug. 16, 1985, 99 Stat. 420, provided that: “(a) Reporting Systems.—In order to ensure that foreign narcotics traffickers are denied visas to enter the United States, as required by section 212(a)(23) of the Immigration and Naturalization Act ([former] 22 [8] U.S.C. 1182(a)(23))—“(1) the Department of State shall cooperate with United States law enforcement agencies, including the Drug Enforcement Administration and the United States Customs Service, in establishing a comprehensive information system on all drug arrests of foreign nationals in the United States, so that that information may be communicated to the appropriate United States embassies; and “(2) the National Drug Enforcement Policy Board shall agree on uniform guidelines which would permit the sharing of information on foreign drug traffickers. “(b) Report.—Not later than six months after the date of the enactment of this Act [Aug. 16, 1985], the Chairman of the National Drug Enforcement Policy Board shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the steps taken to implement this section.”

[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.]

Refugees From Democratic Kampuchea (Cambodia); Temporary Parole Into United States for Fiscal Years 1979 and 1980

Pub. L. 95–431, title VI, § 605, Oct. 10, 1978, 92 Stat. 1045, provided that it was the sense of Congress that United States give special consideration to plight of refugees from Democratic Kampuchea (Cambodia) and that Attorney General should parole into United States, under section 1182(d)(5) of this title for fiscal year 1979, 7,500 aliens who are nationals or citizens of Democratic Kampuchea and for fiscal year 1980, 7,500 such aliens.