§ 1101. Definitions

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

Pub. L. 103–416, title II, § 221, Oct. 25, 1994, 108 Stat. 4320, as amended by Pub. L. 104–208, div. C, title III, § 308(d)(3)(E), title VI, § 671(b)(12), Sept. 30, 1996, 110 Stat. 3009–617, 3009–722, provided that: “Whenever the President of Taiwan or any other high-level official of Taiwan shall apply to visit the United States for the purposes of discussions with United States Federal or State government officials concerning—“(1) trade or business with Taiwan that will reduce the United States-Taiwan trade deficit, “(2) prevention of nuclear proliferation, “(3) threats to the national security of the United States, “(4) the protection of the global environment, “(5) the protection of endangered species, or “(6) regional humanitarian disasters, the official shall be admitted to the United States, unless the official is otherwise inadmissible under the immigration laws of the United States.”

Construction of Expedited Deportation Requirements

Pub. L. 103–416, title II, § 225, Oct. 25, 1994, 108 Stat. 4324, as amended by Pub. L. 104–132, title IV, § 436(b)(2), Apr. 24, 1996, 110 Stat. 1275; Pub. L. 104–208, div. C, title III, § 308(c)(4)(B), Sept. 30, 1996, 110 Stat. 3009–616, provided that: “No amendment made by this Act [see Tables for classification] shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.”

[Amendment by Pub. L. 104–132 effective as if included in enactment of Pub. L. 103–416, see section 436(b)(3) of Pub. L. 104–132 set out as an Effective Date of 1996 Amendment note under section 1252 of this title.]

Report on Admission of Certain Nonimmigrants

Pub. L. 102–232, title II, § 202(b), Dec. 12, 1991, 105 Stat. 1737, directed Comptroller General, by not later than Oct. 1, 1994, to submit to Committees on the Judiciary of Senate and of House of Representatives a report containing information relating to the admission of artists, entertainers, athletes, and related support personnel as nonimmigrants under 8 U.S.C. 1101(a)(15)(O), (P), and information on the laws, regulations, and practices in effect in other countries that affect United States citizens and permanent resident aliens in the arts, entertainment, and athletics, in order to evaluate the impact of such admissions, laws, regulations, and practices on such citizens and aliens, directed Chairman of the Committee on the Judiciary of Senate to make the report available to interested parties and to hold a hearing respecting the report and directed such Committee to report to Senate its findings and any legislation it deems appropriate.

Delay Until April 1, 1992, in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models

Pub. L. 102–110, § 3, Oct. 1, 1991, 105 Stat. 557, provided that: “Section 214(g)(1)(C) of the Immigration and Nationality Act [8 U.S.C. 1184(g)(1)(C)] shall not apply to the issuance of visas or provision of status before April 1, 1992. Aliens seeking nonimmigrant admission as artists, athletes, entertainers, or fashion models (or for the purpose of accompanying or assisting in an artistic or athletic performance) before April 1, 1992, shall not be admitted under subparagraph (O)(i), (O)(ii), (P)(i), or (P)(iii) of section 101(a)(15) of such Act [8 U.S.C. 1101(a)(15)], but may be admitted under the terms of subparagraph (H)(i)(b) of such section (as in effect on September 30, 1991).”

Commission on Immigration Reform

Pub. L. 101–649, title I, § 141, Nov. 29, 1990, 104 Stat. 5001, as amended by Pub. L. 102–232, title III, § 302(c)(1), Dec. 12, 1991, 105 Stat. 1744, provided that: “(a) Establishment and Composition of Commission.—(1) Effective October 1, 1991, there is established a Commission on Immigration Reform (in this section referred to as the ‘Commission’) which shall be composed of 9 members to be appointed as follows:“(A) One member who shall serve as Chairman, to be appointed by the President. “(B) Two members to be appointed by the Speaker of the House of Representatives who shall select such members from a list of nominees provided by the Chairman of the Committee on the Judiciary of the House of Representatives. “(C) Two members to be appointed by the Minority Leader of the House of Representatives who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary of the House of Representatives. “(D) Two members to be appointed by the Majority Leader of the Senate who shall select such members from a list of nominees provided by the Chairman of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate. “(E) Two members to be appointed by the Minority Leader of the Senate who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate. “(2) Initial appointments to the Commission shall be made during the 45-day period beginning on October 1, 1991. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. “(3) Members shall be appointed to serve for the life of the Commission, except that the term of the member described in paragraph (1)(A) shall expire at noon on January 20, 1993, and the President shall appoint an individual to serve for the remaining life of the Commission. “(b) Functions of Commission.—The Commission shall—“(1) review and evaluate the impact of this Act and the amendments made by this Act [see Tables for classification], in accordance with subsection (c); and “(2) transmit to the Congress—“(A) not later than September 30, 1994, a first report describing the progress made in carrying out paragraph (1), and “(B) not later than September 30, 1997, a final report setting forth the Commission’s findings and recommendations, including such recommendations for additional changes that should be made with respect to legal immigration into the United States as the Commission deems appropriate. “(c) Considerations.—“(1) Particular considerations.—In particular, the Commission shall consider the following:“(A) The requirements of citizens of the United States and of aliens lawfully admitted for permanent residence to be joined in the United States by immediate family members and the impact which the establishment of a national level of immigration has upon the availability and priority of family preference visas. “(B) The impact of immigration and the implementation of the employment-based and diversity programs on labor needs, employment, and other economic and domestic conditions in the United States. “(C) The social, demographic, and natural resources impact of immigration. “(D) The impact of immigration on the foreign policy and national security interests of the United States. “(E) The impact of per country immigration levels on family-sponsored immigration. “(F) The impact of the numerical limitation on the adjustment of status of aliens granted asylum. “(G) The impact of the numerical limitations on the admission of nonimmigrants under section 214(g) of the Immigration and Nationality Act [8 U.S.C. 1184(g)]. “(2) Diversity program.—The Commission shall analyze the information maintained under section 203(c)(3) of the Immigration and Nationality Act [8 U.S.C. 1153(c)(3)] and shall report to Congress in its report under subsection (b)(2) on—“(A) the characteristics of individuals admitted under section 203(c) of the Immigration and Nationality Act, and “(B) how such characteristics compare to the characteristics of family-sponsored immigrants and employment-based immigrants. The Commission shall include in the report an assessment of the effect of the requirement of paragraph (2) of section 203(c) of the Immigration and Nationality Act on the diversity, educational, and skill level of aliens admitted. “(d) Compensation of Members.—(1) Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, pay at the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–18 of the General Schedule. Each member of the Commission who is such an officer or employee shall serve without additional pay. “(2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence. “(e) Meetings, Staff, and Authority of Commission.—The provisions of subsections (e) through (g) of section 304 of the Immigration Reform and Control Act of 1986 [Pub. L. 99–603, set out as a note under section 1160 of this title] shall apply to the Commission in the same manner as they apply to the Commission established under such section, except that paragraph (2) of subsection (e) thereof shall not apply. “(f) Authorization of Appropriations.—(1) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. “(2) Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts. “(g) Termination Date.—The Commission shall terminate on the date on which a final report is required to be transmitted under subsection (b)(2)(B), except that the Commission may continue to function until January 1, 1998, for the purpose of concluding its activities, including providing testimony to standing committees of Congress concerning its final report under this section and disseminating that report. “(h) Congressional Response.—(1) No later than 90 days after the date of receipt of each report transmitted under subsection (b)(2), the Committees on the Judiciary of the House of Representatives and of the Senate shall initiate hearings to consider the findings and recommendations of the report. “(2) No later than 180 days after the date of receipt of such a report, each such Committee shall report to its respective House its oversight findings and any legislation it deems appropriate. “(i) Presidential Report.—The President shall conduct a review and evaluation and provide for the transmittal of reports to the Congress in the same manner as the Commission is required to conduct a review and evaluation and to transmit reports under subsection (b).”

[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]

Special Immigrant Status for Certain Aliens Employed at United States Mission in Hong Kong (D Special Immigrants)

Pub. L. 101–649, title I, § 152, Nov. 29, 1990, 104 Stat. 5005, as amended by Pub. L. 102–232, title III, § 302(d)(1), Dec. 12, 1991, 105 Stat. 1744, provided that: “(a) In General.—Subject to subsection (c), an alien described in subsection (b) shall be treated as a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(27)(D)]. “(b) Aliens Covered.—An alien is described in this subsection if—“(1) the alien is—“(A) an employee at the United States consulate in Hong Kong under the authority of the Chief of Mission (including employment pursuant to section 5913 of title 5, United States Code) and has performed faithful service as such an employee for a total of three years or more, or “(B) a member of the immediate family (as defined in 6 Foreign Affairs Manual 117k as of the date of the enactment of this Act [Nov. 29, 1990]) of an employee described in subparagraph (A) who has been living with the employee in the same household; “(2) the welfare of the employee or such an immediate family member is subject to a clear threat due directly to the employee’s employment with the United States Government or under a United States Government official; and “(3) the principal officer in Hong Kong, in the officer’s discretion, has recommended the granting of special immigrant status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status. “(c) Expiration.—Subsection (a) shall only apply to aliens who file an application for special immigrant status under this section by not later than January 1, 2002. “(d) Limited Waiver of Numerical Limitations.—The first 500 visas made available to aliens as special immigrants under this section shall not be counted against any numerical limitation established under section 201 or 202 of the Immigration and Nationality Act [8 U.S.C. 1151 or 1152].”

Inapplicability of Amendment by Pub. L. 101–649

Amendment by section 203(c) of Pub. L. 101–649 not to affect performance of longshore work in United States by citizens or nationals of United States, see section 203(a)(2) of Pub. L. 101–649, set out as a note under section 1288 of this title.

Application of Treaty Trader for Certain Foreign States

Pub. L. 117–263, div. E, title LIX, § 5902(a), Dec. 23, 2022, 136 Stat. 3440, provided that: “For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in such section if the Government of Portugal provides similar nonimmigrant status to nationals of the United States.”

Pub. L. 115–226, § 2, Aug. 1, 2018, 132 Stat. 1625, provided that: “For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), New Zealand shall be considered to be a foreign state described in such section if the Government of New Zealand provides similar nonimmigrant status to nationals of the United States.”

Pub. L. 112–130, § 1, June 8, 2012, 126 Stat. 376, provided that: “Israel shall be deemed to be a foreign state described in section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) for purposes of clauses (i) and (ii) of such section if the Government of Israel provides similar nonimmigrant status to nationals of the United States.”

Pub. L. 101–649, title II, § 204(b), Nov. 29, 1990, 104 Stat. 5019, provided that: “Each of the following foreign states shall be considered, for purposes of section 101(a)(15)(E) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(E)], to be a foreign state described in such section if the foreign state extends reciprocal nonimmigrant treatment to nationals of the United States: “(1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act [8 U.S.C. 1153(c)(1)]) which (A) has 1 or more dependent areas (as determined for purposes of section 202 of such Act [8 U.S.C. 1152]) and (B) does not have a treaty of commerce and navigation with the United States. “(2) The foreign state which (A) was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 [Pub. L. 99–603, set out as a note under section 1153 of this title] and (B) does not have a treaty of commerce and navigation with the United States, but (C) had such a treaty with the United States before 1925.”

Clarification of Treatment of Certain International Accounting and Management Consulting Firms

Pub. L. 101–649, title II, § 206(a), Nov. 29, 1990, 104 Stat. 5022, as amended by Pub. L. 102–232, title III, § 303(a)(9), Dec. 12, 1991, 105 Stat. 1748; Pub. L. 106–95, § 6, Nov. 12, 1999, 113 Stat. 1319, provided that: “In applying sections 101(a)(15)(L) and 203(b)(1)(C) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(L), 1153(b)(1)(C)], and for no other purpose, in the case of a partnership that is organized in the United States to provide accounting or management consulting services and that markets its accounting or management consulting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is collectively owned and controlled by the member accounting and management consulting firms or by the elected members (partners, shareholders, members, employees) thereof, an entity that is organized outside the United States to provide accounting or management consulting services shall be considered to be an affiliate of the United States accounting or management consulting partnership if it markets its accounting or management consulting services under the same internationally recognized name directly or indirectly under an agreement with the same worldwide coordinating organization of which the United States partnership is also a member. Those partnerships organized within the United States and entities organized outside the United States which are considered affiliates under this subsection shall continue to be considered affiliates to the extent such firms enter into a plan of association with a successor worldwide coordinating organization, which need not be collectively owned and controlled.”

Admission of Nonimmigrants for Cooperative Research, Development, and Coproduction Projects

Pub. L. 101–649, title II, § 222, Nov. 29, 1990, 104 Stat. 5028, as amended by Pub. L. 102–232, title III, § 303(b)(3), Dec. 12, 1991, 105 Stat. 1748, provided that: “(a) In General.—Subject to subsection (b), the Attorney General shall provide for nonimmigrant status in the case of an alien who—“(1) has a residence in a foreign country which the alien has no intention of abandoning, and “(2) is coming to the United States, upon a basis of reciprocity, to perform services of an exceptional nature requiring such merit and ability relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the Secretary of Defense, but not to exceed a period of more than 10 years, or who is the spouse or minor child of such an alien if accompanying or following to join the alien. “(b) Numerical Limitation.—The number of aliens who may be admitted as (or otherwise be provided the status of) a nonimmigrant under this section at any time may not exceed 100.”

Establishment of Special Education Exchange Visitor Program

Pub. L. 101–649, title II, § 223, Nov. 29, 1990, 104 Stat. 5028, as amended by Pub. L. 102–232, title III, § 303(b)(4), Dec. 12, 1991, 105 Stat. 1748, provided that: “(a) In General.—Subject to subsection (b), the Attorney General shall provide for nonimmigrant status in the case of an alien who—“(1) has a residence in a foreign country which the alien has no intention of abandoning, and “(2) is coming temporarily to the United States (for a period not to exceed 18 months) as a participant in a special education training program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities, or who is the spouse or minor child of such an alien if accompanying or following to join the alien. “(b) Numerical Limitation.—The number of aliens who may be admitted as (or otherwise be provided the status of) a nonimmigrant under this section in any fiscal year may not exceed 50.”

Extension of H–1 Immigration Status for Certain Nonimmigrants Employed in Cooperative Research and Development Projects and Coproduction Projects