101st CONGRESS
2d Session
S. 358
AMENDMENTS
S 358 EAH
In the House of Representatives, U. S.,
October 3, 1990.
Resolved, That the bill from the Senate (S. 358) entitled `An Act to amend
the Immigration and Nationality Act to change the level, and preference
system for admission, of immigrants to the United States, and to provide
for administrative naturalization, and for other purposes do pass with
with the following
AMENDMENTS:
Strike out all after the enacting clause, and insert:

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(a) SHORT TITLE- This Act may be cited as the `Family Unity and Employment
Opportunity Immigration Act of 1990'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

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TITLE I

-FAMILY-SPONSORED AND EMPLOYMENT-BASED IMMIGRATION

Subtitle B--Education and Training of American Workers

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TITLE II

-OTHER PROVISIONS REGARDING IMMIGRANT VISAS

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NP-5 Visas.
Subtitle A--Provisions Relating to Marriage Fraud

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TITLE III

-OTHER IMMIGRATION PROVISIONS

marriages entered into during certain immigration proceedings.
Subtitle B--Provisions Relating to Immigration Reform and Control Act of 1986

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impacted by increases in aliens applying for asylum.

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from temporary to permanent residence for legalized aliens.
Subtitle C--Miscellaneous

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Liberia, and Kuwait, and other designated foreign states.

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IMMIGRATION.
(a) IN GENERAL- Section 201 of the Immigration and Nationality Act (8
U.S.C. 1151) is amended to read as follows:
`WORLDWIDE LEVEL OF IMMIGRATION
`SEC. 201. (a) IN GENERAL- Exclusive of aliens described in subsection
(b), aliens born in a foreign state or dependent area who may be issued
immigrant visas or who may otherwise acquire the status of an alien lawfully
admitted to the United States for permanent residence are limited to--
`(1) family-sponsored immigrants described in section 203(a) (or who are
admitted under section 211(a) on the basis of a prior issuance of a visa
to their accompanying parent under section 203(a)) in a number not to
exceed in any fiscal year 185,000 and not to exceed in any of the first 3
quarters of any fiscal year 27 percent of the worldwide level under this
paragraph for all of such fiscal year;
`(2) employment-based immigrants described in section 203(b) (or who
are admitted under section 211(a) on the basis of a prior issuance of a
visa to their accompanying parent under section 203(b)), in a number not
to exceed 65,000 in each of fiscal years 1992 through 1996, and not to
exceed 75,000 in each fiscal year thereafter and not to exceed in any of
the first 3 quarters of any fiscal year 27 percent of the worldwide level
under this paragraph for all of such fiscal year; and
`(3) for fiscal years beginning with fiscal year 1994, diversity immigrants
described in section 203(c) (or who are admitted under section 211(a) on
the basis of a prior issuance of a visa to their accompanying parent under
section 203(c)) in a number not to exceed 55,000 in each fiscal year and
not to exceed in any of the first 3 quarters of any fiscal year 27 percent
of the worldwide level under this paragraph for all of such fiscal year.
`(b) ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS- The following aliens are
not subject to the worldwide levels or numerical limitations of subsection
(a):
`(1)(A) Special immigrants described in section 101(a)(27).
`(B) Aliens who are admitted under section 207 or whose status is adjusted
under section 209.
`(C) Aliens whose status is adjusted to permanent residence under section
210, 210A, or 245A.
`(D) Aliens provided permanent resident status under section 249.
`(2)(A)(i) Immediate relatives. For purposes of this clause, the term
`immediate relative' means a child or spouse of a citizen of the United
States and a parent of a citizen of the United States who is at least
21 years of age, and includes, subject to subsection (c) and beginning
with fiscal year 1991, a child or spouse of an alien lawfully admitted
for permanent residence. In the case of an alien who was the spouse of
a citizen of the United States for at least 2 years at the time of the
citizen's death and was not legally separated from the citizen at the time
of the citizen's death, the alien shall be considered, for purposes of this
clause, to remain an immediate relative after the date of the citizen's
death but only if the spouse files a petition under section 204(a)(1)(A)
within 2 years after such date and only until the date the spouse remarries.
`(ii) Aliens admitted under section 211(a) on the basis of a prior issuance
of a visa to their accompanying parent who is such an immediate relative.
`(B) Aliens born to an alien lawfully admitted for permanent residence
during a temporary visit abroad.
`(3) An alien who is provided immigrant status under section 203(d) as
the spouse or child of an immigrant under section 203(b).
`(c) TREATMENT OF IMMEDIATE RELATIVES OF PERMANENT RESIDENT ALIENS- In
the case of aliens who are immediate relatives (as defined in subsection
(b)(2)(A)(i)) as the spouse or child of an alien lawfully admitted for
permanent residence, until otherwise provided by law, the number of such
aliens who shall be treated as such immediate relatives in any fiscal year
may not exceed 115,000. Visas shall be made available to such immediate
relatives in the order in which a petition in behalf of each such alien
is filed with the Attorney General as provided in section 204.'.
(b) PER COUNTRY IMMIGRATION LEVELS- Section 202 of such Act (8 U.S.C. 1152)
is amended--
(1) in subsection (a), by striking `paragraphs (1) through (7) of section
203(a)' and inserting `subsections (a) and (b) of section 203',
(2) in subsection (c), by striking `a special immigrant' and all that follows
through `201(b)' and inserting `an alien described in section 201(b)', and
(3) by amending subsection (e) to read as follows:
`(e) Where it is determined that the maximum number of immigrant visas will
be made available under this section to natives of any single foreign state
or dependent area in any fiscal year, in determining whether to provide for
immigrant visa numbers to natives under section 203(a) or under section
203(b), visa numbers with respect to natives of that state or dependent
area shall be allocated (to the extent practicable and otherwise consistent
with this section and section 203) in a manner so that--
`(1) the ratio of the visa numbers made available under section 203(a) to
the visa numbers made available under section 203(b) is equal to 3 to 1; and
`(2) the proportion of the visa numbers made available under each of
paragraphs (1) through (4) of section 203(a) is equal to the proportion
of the total number of visas made available under the respective paragraph
to the total number of visas made available under such section.
Nothing in this subsection shall be construed as limiting the number of visas
which may be issued to natives of a state or dependent area under section
203(a) or 203(b) if there is insufficient demand for visas for such natives
under section 203(b) or 203(a), respectively.'.
(c) REMOVAL OF LIMITATION ON ASYLUM ADJUSTMENTS UNDER REFUGEE NUMERICAL
LIMITATION- Section 209(b) of such Act (8 U.S.C. 1159(b)) is amended
by striking `Not more than five thousand of the refugee admissions' and
inserting `Refugee admissions'.
(d) CLERICAL AMENDMENT- The item in the table of contents of the Immigration
and Nationality Act relating to section 201 is amended to read as follows:
`Sec. 201. Worldwide level of immigration.'.

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(a) IN GENERAL- Section 212(a)(14) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(14)) is amended to read as follows:
`(14) Aliens seeking admission or status as an immigrant under section
203(b)(2) or as a nonimmigrant under section 101(a)(15)(H)(i)(b) or
101(a)(15)(H)(ii)(b) unless (A) the Secretary of Labor has determined and
certified to the Secretary of State and the Attorney General that (i) there
are not sufficient workers who are able, willing, qualified (or equally
qualified in the case of aliens who are members of the teaching profession
or who have exceptional ability in the sciences or the arts), and available
at the time of application for a visa and admission to the United States and
at the place where the alien is to perform such skilled or unskilled labor,
(ii) the employment of such aliens will not adversely affect the wages and
working conditions of the workers in the United States similarly situated,
and (iii) the employer meets the requirement of section 204(b)(3) with
respect to such aliens, or (B) with respect to the aliens the Secretary of
Labor certifies to the Secretary of State and the Attorney General that an
attestation is on file and in effect under section 212(n) for the employer
and occupational classification for which the alien will perform services;'.
(b) USE OF ATTESTATIONS- Section 212 of such Act, as amended by section
3(b) of Public Law 101-238, is amended by adding at the end the following
new subsection:
`(n)(1) The attestation referred to in subsection (a)(14)(B), with respect
to an alien who is coming to the United States to be employed by an employer
in an occupational classification, is an attestation as to the following:
`(A) Subject to paragraph (3), the employer--
`(i)(I) has made and is making positive recruitment efforts, in the
recruitment area identified under paragraph (2)(A), reasonably designed
to locate and employ able, willing, and qualified (or equally qualified
in the case of aliens who are members of the teaching profession or who
have exceptional ability in the sciences or the arts) workers, and
`(II) recites the specific actions the employer has taken with respect to
such recruitment; and
`(ii) has been unable to find such workers who are available at the time
and place of need.
`(B) The employer is offering and will offer (in the case of an nonimmigrant
under section 101(a)(15)(H)(i)(b) or 101(a)(15)(H)(ii)(b), during the
period of authorized employment or, in the case of an immigrant under
section 203(b)(2), during the first year of employment of the alien by the
employer) to aliens and to other individuals employed in the occupational
classification and in the recruitment area (identified under paragraph
(2)(A)) wages that are no less than the base prevailing wage level
(determined under paragraph (6)) and working conditions that are not less
than the prevailing working conditions for the occupational classification
in the recruitment area.
`(C) There is not a strike or lockout in the course of a labor dispute.
`(D) The employer, at the time of execution of the attestation, has provided
notice of the intention to file the attestation under this paragraph to
the bargaining representative (if any) of the employer's employees in
the occupational classification and recruitment area for which aliens
are sought, or, if there is no such bargaining representative, to such
State or local governmental entity as the Secretary of Labor designates
(after consultation with appropriate labor and management organizations)
for the recruitment area for purposes of this subparagraph.
The obligation to engage in positive recruitment under subparagraph (A)
shall not apply to nonimmigrants under section 101(a)(15)(H)(i)(b) and shall
terminate on the date that the alien is provided immigrant or nonimmigrant
status in response to the attestation.
`(2)(A) With respect to occupational classifications for which attestations
may be filed, the Secretary of Labor (in this subsection referred to as
the `Secretary') shall identify recruitment areas which are the areas of
traditional or expected labor supply.
`(B) The Secretary shall make available for public examination, within 2
working days after the date on which an attestation under paragraph (1)
is filed, in Washington, D.C., a copy of each attestation (and accompanying
documentation) filed under paragraph (1). The Secretary shall compile, on
a current basis, a list (by employer and by occupational classification)
of the attestations filed or in effect under paragraph (1).
`(3)(A) If 10 or more attestations meeting the requirements of paragraph (1)
(including paragraph (1)(A)) within a region (as defined by the Secretary)
(or 5 attestations within a rural region) have been filed within a
1-year period and are in effect with respect to employees in the same
occupational classification, any succeeding attestation filed during the
succeeding 2-year period for workers in that occupational classification
and region may substitute, for the attestation as to the matters described
in paragraph (1)(A), an attestation that the employer has not been able to
find, after posting of the job offer and advertising to recruit for hire,
workers for the occupational classification at the time and place needed.
`(B) In subparagraph (A), the term `rural region' means a contiguous area
of counties (no county of which is an urbanized area) which is identified by
the Secretary as representing a labor market with respect to an occupational
classification which is separate and distinct from those for adjoining
urbanized areas.
`(4)(A) If a bargaining representative described in paragraph (1)(D) or
employee representative, within 30 days after the date the employer files
an attestation under paragraph (1), submits to the Secretary a written
request for a hearing respecting the matters required to be attested to
in paragraph (1) and includes with such request a written statement of
particular facts contradicting such attestation, the attestation shall not
become effective until the date the Secretary has made a determination, after
such a hearing, that the facts attested to are true. No attestation shall
be effective under this subsection before the end of such 30-day period.
`(B) Within 7 days after the date of submission of a written request under
subparagraph (A), the Secretary shall provide for a determination as to
whether or not a written statement of particular facts contradicting the
attestation has been included. If it has, the Secretary shall provide for a
notice of such determination to the interested parties and an opportunity
for a hearing in accordance with section 556 of title 5, United States
Code, with respect to the attestation within 30 days of the date of the
determination. After such a hearing, the Secretary shall make a determination
with respect to whether the attestation meets the requirements of paragraph
(1) by not later 30 days after the date of the hearing. In the hearing,
the burden of proof on the truth of the facts attested to shall be on
the employer.
`(C)(i) An attestation duly filed under paragraph (1) shall be deemed to
have been certified by the Secretary and in effect under this subsection
at the end of the 30-day period beginning on the date of its filing unless
the Secretary otherwise notifies the employer and the Attorney General
under clause (ii).
`(ii) If a written request for a hearing has been submitted on a timely
basis under this paragraph, the Secretary shall notify the Attorney General
and the employer in writing that an attestation, which would otherwise
become effective under clause (i), shall not become effective.
`(D) The Secretary may not refuse to accept for filing a completed
attestation filed under this subsection or review in any way such an
attestation with respect to which a complaint has not been filed under
this subsection.
`(E)(i) The preceding provisions of this paragraph shall not apply to an
attestation under paragraph (1) with respect to nonimmigrants described
in section 101(a)(15)(H)(i)(b).
`(ii) An attestation duly filed under paragraph (1) with respect to a
nonimmigrant described in section 101 (a)(15)(h)(i)(b) shall be deemed to
have been certified by the Secretary and in effect under this subsection
on the date of its filing with the Secretary.
`(iii) The Secretary may not refuse to accept for filing a completed
attestation filed under this subsection with respect to a nonimmigrant
described in section 101(a)(15)(H)(i)(b) or review in any way (other than
under paragraph (5)) such an attestation with respect to which a complaint
has not been filed under paragraph (5).
`(F) Subject to termination under paragraph (5), an attestation shall be
effective only for petitions filed during the 1-year period beginning on
the effective date of the attestation.
`(5)(A) The Secretary shall establish a process for the receipt,
investigation, and disposition of complaints respecting a petitioner's
failure to include an element of the attestation required under paragraph
(1), failure to meet a condition attested to, or misrepresentation
of material facts in an attestation that is in effect under this
subsection. Complaints may be filed by any aggrieved person or organization
(including bargaining representatives). No investigation or hearing shall
be conducted on a complaint concerning such a failure or misrepresentation
unless the complaint was filed not later than 12 months after the date of
the failure or misrepresentation, respectively, or to the extent that the
complaint alleges a failure or misrepresentation for which there has been
a determination on that issue in a hearing under paragraph (4)(B). The
Secretary shall conduct an investigation under this paragraph if there
is reasonable cause to believe that such a failure or misrepresentation
has occurred.
`(B) Under such process, the Secretary shall provide, within 30 days after
the date such a complaint is filed, for a determination as to whether or
not a basis exists to make a finding described in subparagraph (C). If the
Secretary determines that such a basis exists, the Secretary shall provide
for notice of such determination to the interested parties and an opportunity
for a hearing on the complaint, in accordance with section 556 of title 5,
United States Code, within 60 days after the date of the determination. If
such a hearing is requested, the Secretary shall make a finding concerning
the matter by not later than 60 days after the date of the hearing. In the
case of similar complaints respecting the same petitioner, the Secretary
may consolidate the hearings under this subparagraph on such complaints.
`(C) If the Secretary finds, after notice and opportunity for a hearing,
an employer failure or that there was a misrepresentation of material fact
in the attestation--
`(i) the Secretary shall notify the Attorney General of such finding and
may, in addition, impose such other administrative remedies (including
civil monetary penalties in an amount not to exceed $1,000 per violation)
as the Secretary determines to be appropriate, and
`(ii) the Attorney General shall not approve petitions filed with respect
to that employer under section 204 or 214(c) during a period of at least
1 year for aliens to be employed by the employer.
`(D) In addition to the sanctions provided under subparagraph (C), if
the Secretary finds, after notice and opportunity for a hearing, that an
employer has violated a condition of an attestation relating to the payment
of wages at a specified wage level, the Secretary shall order the employer
to provide for payment of such amounts of back pay as may be required to
comply with such condition.
`(6)(A) For purposes of this subsection and section 214(f), the term `base
prevailing wage level', with respect to an occupational classification in
an area for which a petition or attestation is filed for purposes of the
respective provision of law, means--
`(i) the actual wage level for the occupational classification at the
place of employment, or
`(ii) the prevailing wage level for the occupational classification and
area determined under subparagraph (B),
whichever is greater, determined as of the time of filing the respective
petition or attestation.
`(B)(i) The Bureau of Labor Statistics in the Department of Labor shall
periodically determine, for purposes of this subsection and section 214(f),
the prevailing wage level for occupational classifications and areas for
which determinations of prevailing wage levels are required under this
subsection. In the case of a specific occupational classification for
which a determination of prevailing wage level is not generally or readily
available, the Bureau shall determine such a wage level within 30 days.
`(ii)(I) If the Bureau has not determined a prevailing wage level within 30
days of the date of filing of an attestation, subject to subclause (II),
the application of clause (ii) of subparagraph (A) shall be suspended
until the date such a determination is made.
`(II) When the Bureau makes such a determination, the employer shall provide,
within 30 days of the date of the determination, for such adjustment of wages
(including back pay) as provides for the application of such prevailing
wage level under subparagraph (A) as though such level had been determined
on a timely basis under subparagraph (B).'.
(c) REPORT- The Secretary of Labor shall conduct a study of the feasibility
of determining, for purposes of section 212(n) of the Immigration and
Nationality Act, national or regional labor shortages in particular
occupational classifications, taking into consideration--
(1) the intensity and duration of each labor shortage;
(2) the supply and demand of workers in occupations affected by the shortage;
(3) industrial and geographic concentration of the shortage;
(4) wages for occupations affected by the shortage and how a 20 percent
increase in the prevailing wage in the occupation affects the shortage;
(5) entry requirements for occupations affected by the shortage; and
(6) the need for continuous positive national recruitment.
The Secretary shall report to Congress on the results of the study by not later
than 2 years after the date of the enactment of this Act. The Secretary shall
include in the report such legislative recommendations as may be necessary
to permit the use of national or regional labor shortages in the process of
attestations under section 212(n) of the Immigration and Nationality Act.

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(a) AS SPECIAL IMMIGRANTS- Subparagraph (C) of section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended to read
as follows:
`(C) an immigrant, and his spouse and children if accompanying or following
to join the immigrant, who--
`(i) for at least 2 years immediately preceding the time of application
for admission, has been a member of a religious denomination having a bona
fide nonprofit, religious organization in the United States;
`(ii) seeks to enter the United States--
`(I) solely for the purpose of carrying on the vocation of a minister of
that religious denomination,
`(II) in order to work for the organization at the request of the
organization in a professional capacity in a religious vocation or
occupation, or
`(III) in order to work for the organization (or for a bona fide organization
which is affiliated with the religious denomination and is exempt from
taxation as an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986) at the request of the organization in a religious
vocation or occupation; and
`(iii) has been carrying on such vocation, professional work, or other
work continuously for at least the 2-year period described in clause (i);'.
(b) AS NONIMMIGRANTS- Section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)),
as amended by sections 104(g)(1) and 104(h)(3) of this Act, is amended--
(1) by striking `or' at the end of subparagraph (P),
(2) by striking the period at the end of subparagraph (Q) and inserting
`; or', and
(3) by adding at the end the following new subparagraph:
`(R) an alien, and the spouse and children of the alien if accompanying
or following to join the alien, who--
`(i) for the 2 years immediately preceding the time of application for
admission, has been a member of a religious denomination having a bona
fide nonprofit, religious organization in the United States; and
`(ii) seeks to enter the United States for a period not to exceed 5 years
to perform the work described in subclause (I), (II), or (III) of paragraph
(27)(C)(ii).'.

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(a) IN GENERAL- Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184), as amended by section 104, is further amended by adding at
the end the following new subsection:
`(l)(1) No alien shall be entitled to nonimmigrant status under section
101(a)(15)(D) if the alien intends to land for the purpose of performing
service on board a vessel of the United States (as defined in section
2101(46) of title 46, United States Code) or on an aircraft of an air
carrier (as defined in section 101(3) of the Federal Aviation Act of 1958)
during a labor dispute where there is a strike or lockout in the bargaining
unit of the employer in which the alien intends to perform such service.
`(2) An alien described in paragraph (1)--
`(A) may not be paroled into the United States pursuant to section 212(d)(5)
unless the Attorney General determines that the parole of such alien is
necessary to protect the national security of the United States; and
`(B) shall be considered not to be a bona fide crewman for purposes of
section 252(b).'.
(b) CONFORMING AMENDMENT- Section 212(d)(5)(A) of such Act (8
U.S.C. 1182(d)(5)(A)) is amended by inserting `or in section 214(l)' after
`except as provided in subparagraph (B)'.
(c) CONFORMING REPEAL- Section 315(d) of the Immigration Reform and Control
Act of 1986 (100 Stat. 3440) is hereby repealed.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
admissions occurring on or after the date of the enactment of this Act.

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(a) EFFECTIVE DATE- Except as otherwise provided in this section, the
amendments made by this subtitle (other than by sections 102(f)(1) and 106)
shall take effect on October 1, 1991, and shall not apply with respect to
visas issued before such date.
(b) SPOUSES AND CHILDREN OF PERMANENT RESIDENT ALIENS-
(1) EFFECTIVE DATE- The provisions of sections 201(b)(2)(A), 201(c) and
204(a)(2) of the Immigration and Nationality Act (insofar as they relate to
treatment of spouses and children of aliens lawfully admitted for permanent
residence as immediate relatives), as amended by sections 101 and 102 of
this subtitle, shall be effective beginning with fiscal year 1991.
(2) TRANSITION- In the case of a petition filed under section 204(a) of
the Immigration and Nationality Act before October 1, 1990, for preference
status under section 203(a)(2) of such Act (as in effect before such date)
as a spouse or child of an alien lawfully admitted for permanent residence,
such petition shall be deemed as of October 1, 1990, to be a petition for
immediate relative status described in section 201(b)(2)(A)(i) of such Act
(as amended by this subtitle).
(c) TRANSITION FOR FOURTH AND FIFTH PREFERENCE- In the case of a petition
filed under section 204(a) of the Immigration and Nationality Act before
October 1, 1991, for preference status under section 203(a)(4) or 203(a)(5)
of such Act (as in effect before such date), such petition shall be deemed
as of October 1, 1991, to be a petition for preference status under section
203(a)(3) or 203(a)(4), respectively, of such Act.
Subtitle B--Education and Training of American Workers

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(a) USE OF FUND- From the fees deposited each year in the account established
under section 286(q)(5) of the Immigration and Nationality Act which are
not used for scholarships under section 113, the Secretary of Labor shall
provide for grants to States to provide educational assistance and training
for United States workers. The Secretary shall consult with the Secretary
of Education in making grants under this section.
(b) ALLOCATION OF FUNDS- Within the purposes described in subsection (a),
funds in the account used under this section shall be allocated among the
States based on a formula, established jointly by the Secretaries of Labor
and Education, that takes into consideration--
(1) the location of foreign workers admitted into the United States,
(2) the location of individuals in the United States requiring and
desiring the educational assistance and training for which the funds can
be applied, and
(3) the location of unemployed and underemployed United States workers.
(c) DISBURSEMENT TO STATES-
(1) Within the purposes and allocations established under this section,
disbursements shall be made to the States, in accordance with grant
applications submitted to and approved jointly by the Secretaries of Labor
and Education, to be applied in a manner consistent with the guidelines
established by such Secretaries in consultation with the States. In
applying such grants, the States shall consider providing funding to joint
labor-management trust funds and other such non-profit organizations
which have demonstrated capability and experience in directly training
and educating workers.
(2) Not more than 5 percent of the funds disbursed to any State under this
section may be used for administrative expenses.
(d) LIMITATION ON FEDERAL OVERHEAD- The Secretaries shall provide that
not more than 2 percent of the amount of funds disbursed to States under
this section may be used by the Federal Government in the administration
of this section.
(e) ANNUAL REPORT- The Secretary of Labor shall report annually to the
Congress on the grants to States provided under this section.
(f) STATE DEFINED- In this section, the term `State' has the meaning given
such term in section 101(a)(36) of the Immigration and Nationality Act.

57c213b4fd88516092ae9df9aa1c3af30977d58495d0eb12cafb37dc68d0b7c1

Ten percent of the fees deposited each year in the account established
under section 286(q)(5) of the Immigration and Nationality Act shall be
available to the Secretary of Education for the awarding (in a manner and
amount specified by the Secretary) of scholarships to assist in the cost
of postsecondary education of needy individuals who--
(1) are enrolled as full-time students in an accredited postsecondary
institution,
(2) pursuing a course of study leading to a degree in mathematics or one
or more of the sciences, and
(3) maintain satisfactory progress, as determined by the postsecondary
institution the recipient is attending.
The Secretary shall enter into agreements with States to provide for the
actual awarding of such scholarships by the States.

a5eccad05c1d5df5823771672e0c5e0c1d0c6342ce075d787fba13d37534f4ff

FOREIGN STATES.
(a) IN GENERAL- Subject to the numerical limitations established under
subsection (b), the Attorney General shall provide for the adjustment of
status to that of an alien lawfully admitted for permanent residence on
a conditional basis of an alien who is a native of an adversely affected
foreign state (described in section 203(b)(2)(C)(iii) of the Immigration
and Nationality Act, as amended by this Act) if the alien--
(1) applies to the Attorney General (beginning on such date as the Attorney
General may specify) for such adjustment, and
(2) establishes in the application that the alien--
(A) is a native of such an adversely affected foreign state,
(B) entered the United States before January 1, 1990, and any period of
authorized stay as a nonimmigrant expired before such date through the
passage of time (and has not been subsequently extended),
(C) has been continuously a resident in the United States since before
January 1, 1990,
(D) has a firm commitment for employment in the United States for a period
of at least 1 year (beginning on the date of adjustment of status under
this section), and
(E) except as provided in subsection (d)(1), is admissible as an immigrant.
If the Attorney General receives more than 250,000 applications for adjustment
of status under this subsection, the Attorney General may stop accepting
applications under paragraph (1) until such date (if any) as the Attorney
General determines to be appropriate.
(b) NUMERICAL LIMITATIONS-
(1) The number of aliens whose status may be adjusted under subsection
(a) in each of fiscal years 1991, 1992, and 1993 may not exceed 25,000.
(2) An alien's status may not be adjusted for any fiscal year not specified
in paragraph (1).
(3) If the number of aliens eligible for adjustment under this section in
any fiscal year exceeds the numerical limitation specified in paragraph
(1), consideration shall be given in the order in which the aliens applied
for such adjustment.
(c) REMOVAL OF CONDITIONAL STATUS-
(1) In order for the conditional basis of permanent resident status provided
under subsection (a) to be removed, an alien must submit, in a time and
a manner specified by the Attorney General, written documentation that
the alien has been substantially employed on a full-time basis during the
1-year period beginning on the date the alien was provided such status.
(2)(A) In the case of an alien with permanent resident status on
a conditional basis under subsection (a), if the alien fails to submit
written documentation required under paragraph (1) by the deadline specified
by the Attorney General under such paragraph, the Attorney General shall
terminate the permanent resident status as of such date as the Attorney
General may specify.
(B) In any deportation proceeding with respect to an alien whose permanent
resident status is terminated under subparagraph (A), the burden of proof
shall be on the alien to establish compliance with the conditions described
in paragraph (1).
(3) The Attorney General, in the Attorney General's discretion, may remove
the conditional basis of the permanent resident status for an alien
who fails to meet the requirements of paragraph (1) only if the alien
demonstrates that extreme hardship would result if the alien is deported.
(4) Section 216(e) of the Immigration and Nationality Act shall apply to
conditional permanent resident status under this section in the same manner
as it applies to conditional permanent resident status under section 216
of such Act.
(d) MISCELLANEOUS PROVISIONS-
(1) Aliens shall not be denied adjustment of status under this section on
the grounds specified in paragraphs (20), (21), (25), or (32) of section
212(a) of the Immigration and Nationality Act, and the Attorney General may,
in his discretion, waive the ground for exclusion specified in paragraph
(19) of such section.
(2) Applications under subsection (a) shall be subject to paragraphs (5)
and (6) of section 245A(c) of the Immigration and Nationality Act (relating
to confidentiality and penalties for false statements) in the same manner
as such paragraphs apply to applications under section 245A of such Act.
(3) In the case of a family, a single application for members of the family
may be made under subsection (a).

adabf924a28261a32e11d0567e4f4bf6087a9318adb73832bc2fa87aba48e025

(a) AUTHORIZATION OF ADDITIONAL VISAS- Notwithstanding the numerical
limitations in sections 201 and 202 of the Immigration and Nationality Act,
there shall be made available to qualified displaced aliens described in
subsection (b) not to exceed 15,000 immigrant visa numbers in each of
fiscal years 1991, 1992, and 1993, of which not to exceed 1,000 of the
total number of immigrant visas in all of such fiscal years shall only be
available for qualified displaced aliens described in subsection (b)(1)(B)
(or described in subsection (b)(2) as the spouse or child of such an alien).
(b) ELIGIBLE DISPLACED ALIENS-
(1) An alien is eligible for a visa under this section if the alien--
(A)(i) is a native of a foreign state in Eastern Europe, and
(ii) since before October 1, 1989, has been continuously residing in
another foreign state (other than the United States), but is not firmly
resettled in that foreign state; or
(B)(i) is a native of Tibet, and
(ii) since before date of the enactment of this Act, has been continuously
residing in India or Nepal.
For purposes of subparagraph (B)(i), an alien shall be considered to be
a native of Tibet if the alien was born in Tibet or is the son, daughter,
grandson, or granddaughter of an individual born in Tibet.
(2) A spouse or child (as defined in section 101(b)(1) (A), (B), (C),
(D), or (E) of the Immigration and Nationality Act) of an alien described
in paragraph (1) shall, if not otherwise entitled to immigrant status and
the immediate issuance of a visa under this section, be entitled to the
same status, and the same order of consideration, provided under subsection
(c), if accompanying or following to join his spouse or parent.
(c) DISTRIBUTION OF VISA NUMBERS- The Secretary of State shall provide
for making visa numbers provided under subsection (a) available--
(1) to displaced aliens described in subsection (b)(1)(A) (or described
in subsection (b)(2) as the spouse or child of such an alien) in the same
manner as visa numbers are otherwise available to qualified immigrants
under section 203(a)(7) of the Immigration and Nationality Act (as in
effect as of the date of the enactment of this Act), except that--
(A) preference shall be given to aliens who, before October 1, 1989, filed
an application for refugee status with the Immigration and Naturalization
Service or otherwise sought such status by registering with a voluntary
agency (which is recognized by such Service and provides services to
refugees in the Europe) for admission to the United States as a refugee, and
(B) subject to subparagraph (A), visa numbers shall be made available
strictly in the chronological order in which the immigrants qualify after
the date of the enactment of this Act; and
(2) to displaced aliens described in subsection (b)(1)(B) (or described in
subsection (b)(2) as the spouse or child of such an alien) in an equitable
manner, giving preference to those aliens who are not firmly resettled in
India or Nepal or who are most likely to be resettled successfully in the
United States.

3df7d1a607c17ee8142d3bacf446e411f9bdb02323cfaaf035d1f9535c54ad1e

(a) AUTHORIZATION OF ADDITIONAL VISAS- Notwithstanding the numerical
limitations in section 201(a) of the Immigration and Nationality Act,
but subject to the numerical limitations in section 202 of such Act,
there shall be made available to qualified immigrants who are natives of
a foreign state or dependent area in Africa not to exceed 15,000 immigrant
visa numbers in each of fiscal years 1991, 1992, and 1993.
(b) DISTRIBUTION OF VISA NUMBERS-
(1) The Secretary of State shall first provide for making visa numbers
provided under subsection (a) available to qualified immigrants who have
classification petitions approved, as of the date of the enactment of this
Act, for a preference status described in paragraph (1), (2), (3), (4), (5),
or (6) of section 203(a) of the Immigration and Nationality Act. Subject to
paragraph (3), visa numbers shall be made available to qualified individuals
under, and in the order of, the respective paragraphs without regard to
any percentage limitations specified under any such paragraph.
(2) The Secretary of State shall provide for making any remaining visa
numbers available to qualified immigrants strictly in the order in which
they apply after the date of the enactment of this Act.
(3) Not more than 3,000 visa numbers may be made available in any fiscal year
under this section to natives of any single foreign state or dependent area.
(c) DERIVATIVE STATUS- A spouse or child (as defined in section 101(b)(1)
(A), (B), (C), (D), or (E) of the Immigration and Nationality Act) of a
qualified immigrant under this section shall, if not otherwise entitled to
immigrant status and the immediate issuance of a visa under this section,
be entitled to the same status, and the same order of consideration,
provided under subsection (b), if accompanying or following to join his
spouse or parent.

fc7c71aea7f974c12ae068a0ffb990bcf500b52f1d8450690339784f99b88f95

(a) IN GENERAL- In addition to the number of immigrant visas otherwise
made available in each of fiscal years 1991, 1992, 1993, 1994, and 1995
and without regard to the numerical limitations of sections 201 and 202
of the Immigration and Nationality Act, there shall be made available--
(1) to second preference immigrants (as defined in subsection (b)) 10,000
immigrant visa numbers, and
(2) to fifth preference immigrants (as defined in subsection (c)) 40,000
immigrant visa numbers.
Not more than 27 percent of each such worldwide level for a fiscal year
shall be made available in any of the first 3 quarters of the fiscal year. In
addition to such visa numbers and without regard to the numerical limitations
of sections 201 and 202 of the Immigration and Nationality Act, there shall
be made available in each of fiscal years 1991, 1992, 1993, 1994, and 1995,
250 immigrant visa numbers to second preference immigrants who are natives of
Lebanon and are not firmly resettled in any foreign country outside Lebanon
and 750 immigrant visa numbers to fifth preference immigrants who are natives
of Lebanon and are not firmly resettled in any foreign country outside Lebanon.
(b) 2ND PREFERENCE IMMIGRANT DEFINED- In subsection (a)(1), the term
`second preference immigrant' means--
(1) an alien who is the beneficiary of a petition approved to accord
status under section 203(a)(2) of the Immigration and Nationality Act,
if the petition was filed before the date of the enactment of this Act, or
(2) the child of such an alien if accompanying or following to join
the alien.
(c) 5TH PREFERENCE IMMIGRANT DEFINED- In subsection (a)(2), the term
`fifth preference immigrant' means--
(1) an alien who is the beneficiary of a petition approved to accord
status under section 203(a)(5) of the Immigration and Nationality Act,
if the petition was filed before the date of the enactment of this Act, or
(2) the spouse or child of such an alien if accompanying or following to
join the alien.
(d) ORDER OF CONSIDERATION- Immigrant visas shall be made available under
this section in the order in which a petition in behalf of each such
alien has been filed with the Attorney General under section 204 of the
Immigration and Nationality Act.

98c42f5693aa0888bd8b3705018659e60721109e83e48e8705e876aad8285073

(a) IN GENERAL- In the case of any alien with respect to whom a
classification petition has been filed under section 204(a) of the
Immigration and Nationality Act for a classification described in paragraph
(3) or (6) of section 203(a) of such Act (as in effect before the date of the
enactment of this Act) before October 1, 1991, there shall be made available,
in addition to the immigrant visas otherwise available in each of fiscal
years 1991, 1992, 1993, 1994, and 1995, up to 25,000 additional immigrant
visas which shall be made available to those aliens (and qualified relatives
described in section 203(a)(8) of such Act, as in effect on the date of
the enactment of this Act) without regard to section 202(a) of such Act.
(b) ALLOCATION- Of the visa numbers made available each fiscal year under
subsection (a)--
(1) visa numbers shall first be made available, in a number not to exceed
50 percent of the total number available, to qualified immigrants with
respect to whom a classification petition was filed under section 203(a)(3)
of the Immigration and Nationality Act, and
(2) visa numbers shall be made available in the same priority order in which
such numbers were otherwise made available under section 203(a) of such Act.
(c) TRANSITION- In the case of an alien--
(1) who, as of the date of the enactment of this Act, is in lawful status as
a nonimmigrant described in subparagraph (H)(i) or (L) of section 101(a)(15)
of the Immigration and Nationality Act, and
(2) for whom an application for labor certification under section 212(a)(14)
of such Act has been filed as of such date,
the alien shall be considered to be a qualified alien described in section
203(b)(2) of such Act (as amended by this Act) and to have met the requirements
of section 212(a)(14) of such Act if the labor certification is approved. In
applying such section 203(b)(2) with respect to such an alien, the priority
date shall be the date the application for labor certification was filed.

bb3198f601d5480ababff5daafdb92a0a0d062910ac7e045d3c2da0787dc4e91

OPERATING IN HONG KONG.
(a) ADDITIONAL VISA NUMBERS-
(1) TREATMENT OF PRINCIPALS- In the case of any alien described in paragraph
(3) with respect to whom a classification petition has been filed and
approved under subsection (b), there shall be made available, in addition
to the immigrant visas otherwise available in all of fiscal years 1992
through 1994 and without regard to section 202(a) of the Immigration and
Nationality Act, up to 15,000 additional immigrant visas, of which not
more than 7,500 may be made available in each of fiscal years 1992 and 1993.
(2) DERIVATIVE RELATIVES- In the case of any alien who is the spouse or
child (as defined in section 101(b)(1) (A), (B), (C), (D), or (E) of the
Immigration and Nationality Act) of an alien entitled to immediate issuance
of a visa under paragraph (1), visas shall be made available without regard
to any numerical limitation under such Act or this section if accompanying,
or following to join, the alien's spouse or parent.
(3) EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG-
An alien is described in this paragraph if the alien--
(A) is a resident of Hong Kong and is employed in Hong Kong (and has been
so employed during the 12 previous consecutive months) as an officer or
supervisor or in a capacity that is managerial, executive, or involves
specialized knowledge, by a business entity which (i) is owned and organized
in the United States (or is the subsidiary or affiliate of a business owned
and organized in the United States), (ii) employs at least 100 employees
in the United States and at least 50 employees outside the United States,
and (iii) has a gross annual income of at least $50,000,000, and
(B) has an offer of employment from such business entity in the United States
as an officer or supervisor or in a capacity that is managerial, executive,
or involves specialized knowledge, which offer (i) is effective from the
time of filing the petition for classification under this section through
and including the time of entry into the United States and (ii) provides
for salary and benefits comparable to the salary and benefits provided to
others with similar responsibilities and experience within the same company.
(b) PETITIONS- Any employer desiring and intending to employ within the
United States an alien described in subsection (a)(3) may file a petition
with the Attorney General for such classification. No visa may be issued
under subsection (a)(1) until such a petition has been approved.
(c) ALLOCATION- Visa numbers made available under subsection (a) shall
be made available in the order which petitions under subsection (b) are
filed with the Attorney General.
(d) FEES- The provisions of section 286(q) of the Immigration and Nationality
Act (relating to fees for admission of certain employment-based aliens),
as added by section 111 of this Act, shall apply to the aliens provided
lawful permanent resident status under subsection (a)(1) in the same manner
as they apply to aliens provided lawful permanent resident status under
section 203(b)(2) of the Immigration and Nationality Act.
(e) DEFINITIONS- In this section:
(1) EXECUTIVE CAPACITY- The term `executive capacity' has the meaning given
such term in section 101(a)(44)(B) of the Immigration and Nationality Act,
as amended by section 102(d) of this Act.
(2) MANAGERIAL CAPACITY- The term `managerial capacity' has the meaning given
such term in section 101(a)(44)(A) of the Immigration and Nationality Act,
as amended by section 102(d) of this Act.
(3) OFFICER- The term `officer' means, with respect to a business entity,
the chairman or vice-chairman of the board of directors of the entity,
the chairman or vice-chairman of the executive committee of the board of
directors, the president, any vice-president, any assistant vice-president,
any senior trust officer, the secretary, any assistance secretary, the
treasurer, any assistant treasurer, any trust officer or associate trust
officer, the controller, any assistant controller, or any other officer
of the entity customarily performing functions similar to those performed
by any of the above officers.
(4) SPECIALIZED KNOWLEDGE- The term `specialized knowledge' has the meaning
given such term in section 214(c)(2)(B) of the Immigration and Nationality
Act, as amended by section 104(f)(2) of this Act.
(5) SUPERVISOR- The term `supervisor' means any individual having
authority, in the interest of the employer, to hire, transfer, suspend,
lay off, recall, promote, discharge, assign, reward, or discipline other
employees, or responsibility to direct them, or to adjust their grievances,
or effectively recommend such action, if in connection with the foregoing
the exercise of such authority is not merely of a routine or clerical
nature, but requires the use of independent judgment.

a9b80988ae4ff77ff17bb7b1b41e131f358f6481b451c98d9c6bd71f8a7668b5

LIMITATION PURPOSES.
In applying section 202 of the Immigration and Nationality Act for fiscal
years beginning with fiscal year 1991, Hong Kong shall be treated as a
separate foreign state, and not as a colony or other component or dependent
area of a foreign state.

e0ed761776b179c3d031ff4899e929b1c60e0b6ea4ea9c0da7b3e7a6e3103b63

CERTAIN RESIDENTS OF HONG KONG.
(a) EXTENDING PERIOD OF VALIDITY-
(1) IN GENERAL- Subject to paragraph (2), the limitation on the period of
validity of an immigrant visa under section 221(c) of the Immigration and
Nationality Act shall not apply in the case of an immigrant visa issued,
on or after the date of the enactment of this Act and before September 1,
2001, to an alien described in subsection (b), but only if--
(A) the alien elects, within the period of validity of the immigrant visa
under such section, to have this section apply, and
(B) before the date the alien seeks to be admitted to the United States
for lawful permanent residence, the alien notifies the appropriate consular
officer of the alien's intention to seek such admission and provides such
officer with such information as the officer determines to be necessary to
verify that the alien remains eligible for admission to the United States
as an immigrant.
(2) LIMITATION ON EXTENSION- In no case shall the period of validity of
a visa be extended under paragraph (1) beyond January 1, 2002.
(3) TREATMENT UNDER NUMERICAL LIMITATIONS- In applying the numerical
limitations of sections 201 and 202 of the Immigration and Nationality Act
in the case of aliens for whose visas the period of validity is extended
under this section, such limitations shall only apply at the time of original
issuance of the visas and not at the time of admission of such aliens.
(b) ALIENS COVERED- An alien is described in this subsection if the alien is
chargeable under section 202 of the Immigration and Nationality Act to Hong
Kong (or is issued an immigrant visa under section 206(a) of this Act) and--
(1)(A) is residing in Hong Kong as of the date of the enactment of this
Act and is issued an immigrant visa under paragraph (1), (2), (4), or (5)
of section 203(a) the Immigration and Nationality Act (as in effect on the
date of the enactment of this Act) or under section 203(a) or 203(b)(1)
of such Act (as in effect on and after October 1, 1991), or
(B) is the spouse or child (as defined in subsection (d)) of an alien
described in subparagraph (A), if accompanying or following to join the
alien in coming to the United States; or
(2) is issued a visa under section 206(a) of this Act.
(c) TREATMENT OF CERTAIN EMPLOYEES IN HONG KONG-
(1) IN GENERAL- In applying the proviso of section 7 of the Central
Intelligence Agency Act of 1949, in the case of an alien described in
paragraph (2), the Director may charge the entry of the alien against the
numerical limitation for any fiscal year (beginning with fiscal year 1991
and ending with fiscal year 1996) notwithstanding that the alien's entry
is not made to the United States in that fiscal year so long as such entry
is made before the end of fiscal year 1997.
(2) ALIENS COVERED- An alien is described in this paragraph if the alien--
(A) is an employee of the Foreign Broadcast Information Service in Hong
Kong, or
(B) is the spouse or child (as defined in subsection (d)) of an alien
described in paragraph (1), if accompanying or following to join the alien
in coming to the United States.
(d) TREATMENT OF CHILDREN- In this section, the term `child' has the meaning
given such term in section 101(b)(1) of the Immigration and Nationality
Act and also includes (for purposes of this section and the Immigration
and Nationality Act) an alien who was the child (as so defined) of the
alien as of the date of the issuance of an immigrant visa to the alien
described in subsection (b)(1) or, in the case described in subsection
(c), as of the date of charging of the entry of the alien under the proviso
under section 7 of the Central Intelligence Agency Act of 1949.

7544ea28b46880925a13442d3094e9b5356344897d32993e668d7209ac9616a2

NP-5 VISAS.
Notwithstanding the numerical limitations in sections 201(a) and 202 of
the Immigration and Nationality Act, there shall be made available in
fiscal year 1991 immigrant visa numbers for qualified immigrants who--
(1) were notified by the Secretary of State before May 1, 1990, of their
selection for issuance of a visa under section 314 of the Immigration
Reform and Control Act of 1986, and
(2) are qualified for the issuance of such a visa but for (A) numerical and
fiscal year limitations on the issuance of such visas, (B) section 212(e)
of the Immigration and Nationality Act, or (C) the fact that the immigrant
was a national, but not a native, of a foreign state described in section
314 of the Immigration Reform and Control Act of 1986.
Visas shall be made available under this section to spouses and children of
qualified immigrants in the same manner as such visas were made available
to such spouses and children under section 314 of the Immigration Reform
and Control Act of 1986. The Attorney General may waive section 212(a)(19)
of the Immigration and Nationality Act in the case of qualified immigrants
described in the first sentence of this section.
Subtitle A--Provisions Relating to Marriage Fraud

d29423c8585bdf10ed14661c18617f443b0b434d99ae386ef5ed1e86eedfa29b

REQUIREMENT.
(a) IN GENERAL- Section 216(c)(4) of the Immigration and Nationality Act
(8 U.S.C. 1186a(c)(4)) is amended--
(1) by striking `or' at the end of subparagraph (A);
(2) in subparagraph (B), by striking `by the alien spouse for good cause';
(3) in subparagraph (B), by striking the period at the end and inserting
`, or';
(4) by inserting after subparagraph (B) the following new subparagraph:
`(C) the qualifying marriage was entered into in good faith by the alien
spouse and after the marriage the alien spouse or child was battered by
or was the subject of extreme cruelty perpetrated by his or her spouse
or citizen or permanent resident parent and the alien was not at fault in
failing to meet the requirements of paragraph (1).'; and
(5) by adding at the end the following: `The Attorney General shall, by
regulation, establish measures to protect the confidentiality of information
concerning any abused alien spouse or child, including information regarding
the whereabouts of such spouse or child.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply
with respect to marriages entered into before, on, or after the date of
the enactment of this Act.

777734d37e1f2b540b41cd6fbc4dbac9dad6802fd59611e65d0397e8aed087d9

MARRIAGES ENTERED INTO DURING CERTAIN IMMIGRATION PROCEEDINGS.
(a) IN GENERAL- Section 245(e) of the Immigration and Nationality Act
(8 U.S.C. 1255(e)) is amended--
(1) in paragraph (1), by striking `An alien' and inserting `Except as
provided in paragraph (3), an alien', and
(2) by adding at the end the following new paragraph:
`(3) Paragraph (1) and section 204(h) shall not apply with respect to
a marriage if the alien establishes to the satisfaction of the Attorney
General that the marriage was entered into in good faith and in accordance
with the laws of the place where the marriage took place and the marriage
was not entered into for the purpose of procuring the alien's entry as
an immigrant and no fee or other consideration was given (other than a
fee or other consideration to an attorney for assistance in preparation
of a lawful petition) for the filing of a petition under section 204(a)
or 214(d) with respect to the alien spouse or alien son or daughter.'.
(b) CONFORMING AMENDMENT- Section 204(h) of such Act (8 U.S.C. 1154(h))
is amended by inserting `except as provided in section 245(e)(3),' after
`Notwithstanding subsection (a),'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
marriages entered into before, on, or after the date of the enactment of
this Act.
Subtitle B--Provisions Relating to Immigration Reform and Control Act of 1986

6d77ffba2a21d64e5bb818c3f310a5f247247664342c17a09000bec3b5cd9d16

(a) IN GENERAL- Section 274A(h) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)) is amended by adding at the end the following new paragraph:
`(4) SPECIAL RULES RESPECTING LONGSHORE WORK-
`(A) TREATMENT OF CERTAIN LONGSHORE WORK- For purposes of this section, any
person or other entity, including but not limited to ships agents, brokers,
charterers, and procurers of labor, acting independently or on behalf of any
other such person or entity, who brings into the United States (or coastal
waters thereof) an individual who performs longshore work (as defined
in subparagraph (D)), shall be considered to have hired such individual
for employment in the United States within the meaning of subsection (a)
as of the first date that the individual first performs such work.
`(B) PAPERWORK REQUIREMENT FOR LONGSHORE WORK- In applying the requirements
of paragraph (3) of subsection (b) (relating to retention of verification
forms) to employment described in subparagraph (A), the person or entity
shall designate, in writing to the Attorney General, a person or entity
located at a port in the United States in the vicinity of the location of
the longshore work involved who agrees to be responsible for the retention
and making available for inspection of such forms under such paragraph.
`(C) NO AUTHORIZATION MERELY THROUGH CLASSIFICATION AS ALIEN CREWMEN- The
mere classification of an alien as a nonimmigrant under section 101(a)(15)(D)
(without the document or documents described in subsection (b)(1)(E)(i)
with respect to the alien) shall not be considered to authorize, for
purposes of this section and section 274B, the performance of longshore
work by that alien.
`(D) LONGSHORE WORK DEFINED- (i) In this paragraph and subsection (b)(1)
except as provided in clause (ii),' after `subsection (b)(1), the term
`longshore work' includes activities relating or incident to the loading
or unloading of cargo, including the operation of cargo-related equipment,
whether or not integral to the vessel, and the securing of the vessel, in
the United States or the coastal waters thereof; except that, for purposes
of subsection (b)(1)(E)(ii), such term includes such activities with respect
to vessels in (or in the coastal waters of) the reciprocal foreign state.
`(ii) The term `longshore work' does not include the loading or unloading of
any cargo where the Secretary of Transportation has, under the authority
contained in chapter 37 of title 46, United States  Code (relating to
carriage of liquid bulk dangerous cargoes), in section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321), or in section 4106 of the
Oil Pollution Act of 1990, prescribed regulations which govern--
`(I) the handling or stowage of such cargo,
`(II) the manning of vessels and the duties, qualifications, and training
of the officers and crew of vessels carrying such cargo, and
`(III) the reduction of elimination of discharge during ballasting, tank
cleaning, and handling of such cargo.'.
(b) EMPLOYMENT VERIFICATION SYSTEM- Section 274A(b)(1) of such Act (8
U.S.C. 1324a(b)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking `or';
(B) in clause (ii), by striking the period and inserting `, or'; and
(C) by inserting after clause (ii) the following new clause:
`(iii) with respect to longshore work, the document or documents described
in subparagraph (E)(i).'; and
(2) by adding at the end the following new subparagraph:
`(E) DOCUMENTS ESTABLISHING RECIPROCITY OF LONGSHORE WORK-
`(i) IN GENERAL- The document or documents described in this clause
with respect to an individual's performance of longshore work are such
a document or documents, in a form acceptable to the Attorney General,
that establish that--
`(I) the individual is a national of a reciprocal foreign state (described
in clause (ii)), and
`(II) the individual will perform such work in connection with a vessel
that is documented and enrolled with a reciprocal foreign state.
`(ii) RECIPROCAL FOREIGN STATE DEFINED- In clause (i), the term `reciprocal
foreign state' means a foreign state which the Attorney General has
determined, in accordance with section 553 of title 5, United States Code--
`(I) has in effect immigration laws and regulations which authorize, on
a nationwide basis, the performance of longshore work by United States
nationals who are crewmembers of vessels which are documented and enrolled
in the United States; and
`(II) in the territory or coastal waters of which United States nationals
described in subclause (I) have performed such work during the six months
preceding the application of clause (i) with respect to a national of the
state or vessel documented and enrolled with the state.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
services performed on or after the date of the enactment of this Act.

1b1e1503ad8bb2035a15a5c07e2e8d772558369ae47dd7d82b9a77dd422624fd

(a) IN GENERAL- Section 274A(a)(1) of the Immigration and Nationality Act
(8 U.S.C. 1324a(a)(1)) is amended--
(1) by striking `to hire, or to recruit or refer for a fee, for employment
in the United States',
(2) in subparagraph (A), by inserting after `(A)' the following: `to hire,
or to recruit or refer for a fee, for employment in the United States', and
(3) in subparagraph (B), by inserting after `(B)' the following: `(i) to
hire for employment in the United States an individual without complying
with the requirements of subsection (b) or (ii) if the person or entity is
an agricultural association, agricultural employer, or farm labor contractor
(as defined in section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act), to hire, or to recruit or refer for a fee, for employment
in the United States'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to
recruiting and referring occurring on or after the date of the enactment
of this Act.

1bf4bd2db9dc1eb837eddb3f797f337ae0e18e9d16cbc760ccf4eb71eb0f4428

(a) IN GENERAL- Nothing in the provisions of the Immigration Reform and
Control Act of 1986, including the provisions inserted or amended by such
Act, (all such provisions referred to collectively in this section as
`IRCA') shall be construed--
(1) as preventing judicial review under chapter 7 of title 5, United States
Code, under section 1331 of title 28, United States Code, or under section
279 of the Immigration and Nationality Act, of regulations, policies,
and practices governing the adjustment of status under IRCA, or
(2) as preventing such a court from ordering, as a remedy in an action
brought (before, on, or after the date of the enactment of this Act)
challenging such regulations, policies, or practices, the Attorney General--
(A) to accept applications for adjustment of status under IRCA without regard
to any application periods established under IRCA for a reasonable period
(of not longer than 6 months with respect to any class, except as may be
extended as a result of an appeal taken by the Government) specified by
the court;
(B) to reopen and readjudicate applications for adjustment of status under
IRCA that have been denied; and
(C) to grant temporary stays of deportation and temporary employment
authorization for applicants whose applications for adjustment of status
under IRCA are reopened or who are permitted to file such applications
pursuant to a court-mandated remedy.
(b) EFFECTIVE DATE- Subsection (a) shall apply as of the date of the
enactment of the Immigration Reform and Control Act of 1986.
(c) CONSTRUCTION- Subsection (a) shall not be construed--
(1) as permitting the Attorney General to appeal any court determination
invalidating any rule, regulation, or policy governing the adjustment of
status under IRCA if the Attorney General had an opportunity to appeal
such a determination but failed to do so in a timely manner, or
(2) as applying to an applicant for adjustment to lawful temporary residence
(or from lawful temporary resident status to lawful permanent resident
status) who seeks to challenge a denial of an individual application for
such adjustment based upon factual determinations made by the Immigration
and Naturalization Service regarding the individual applicant's eligibility
for such adjustment.

9611c63762c7a072fb14e4d8194f0e3ccfbd73a45ce0fe59316fbe4222c36bc3

ALIENS.
(a) TEMPORARY STAY OF DEPORTATION AND WORK AUTHORIZATION FOR CERTAIN
ELIGIBLE IMMIGRANTS-
(1) IN GENERAL- The Attorney General shall provide that in the case of an
alien who is an eligible immigrant (as defined in subsection (b)(1)) as
of January 1, 1990, who has entered the United States before such date,
who resides in the United States on such date, and who is not lawfully
admitted for permanent residence, subject to paragraph (2), the alien--
(A) may not be deported or otherwise required to depart from the United
States, and
(B) shall be granted authorization to engage in employment in the United
States and be provided an `employment authorized' endorsement or other
appropriate work permit.
(2) EFFECTIVE DATE OF APPLICABILITY- For purposes of paragraph (1), in the
case of an eligible immigrant who is the spouse or child of a legalized
alien, paragraph (1) shall only apply on and after the date the legalized
alien--
(A) has been granted permanent resident status,
(B) has completed a declaration of intention to become a citizen, and
(C) has submitted a classification petition under under section 204 of the
Immigration and Nationality Act to classify the eligible immigrant as a
preference immigrant described in section 203(a)(2) of such Act or as an
immediate relative described in section 201(b) of such Act.
(3) TERMINATION OF APPLICABILITY-
(A)(i) Paragraph (1) shall not apply 6 months after the date the Immigration
and Naturalization Service has provided the legalized alien with written
notice (described in clause (ii)) unless the alien has applied for such
naturalization.
(ii) The written notice referred to in clause (i) is a written notice (by
certified mail, return receipt requested, in the alien's native language)
stating that--
(I) the alien has become (before the date the notice is provided)
eligible (by virtue of period of lawful permanent residence) to apply for
naturalization, and
(II) application for naturalization must be made within 6 months to continue
the benefits of this subsection.
(B) Paragraph (1) shall not apply 2 years after the date of filing
a timely application for naturalization unless the alien has been
naturalized as a citizen or establishes that the alien has actively pursued
naturalization. Time consumed in the Service's processing the application
shall not be counted toward the 2-year period.
(b) ELIGIBLE IMMIGRANT AND LEGALIZED ALIEN DEFINED- In this section:
(1)(A) The term `eligible immigrant' means a qualified immigrant who is the
spouse or child of a legalized alien and who, except as otherwise provided
under subparagraph (B), is admissible as an immigrant and is not described
in subparagraph (C).
(B) In the determination of an alien's admissibility as an immigrant for
purposes of subparagraph (A)--
(i) the provisions of paragraphs (14), (20), (21), (25), and (32) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a))
shall not apply;
(ii) except as provided in clause (iii), the Attorney General may waive
any other provision of such section in the case of individual aliens when
it is in the public interest; but
(iii) the Attorney General may not waive--
(I) paragraphs (9) and (10) (relating to criminals) of such section;
(II) paragraph (23) (relating to drug offenses) of such section, except
for so much of such paragraph as relates to a single offense of simple
possession of 30 grams or less of marijuana;
(III) paragraphs (27) and (29) (relating to national security) of such
section; or
(IV) paragraph (33) (relating to those who assisted in the Nazi persecution)
of such section.
(C) An alien shall not be eligible for the benefits of this section if
the Attorney General finds that--
(i) the alien has been convicted of a felony or 2 or more misdemeanors in
the United States, or
(ii) the alien is described in section 243(h)(2) of the Immigration and
Nationality Act (8 U.S.C. 1253(h)(2)).
(2) The term `legalized alien' means an alien lawfully admitted for
temporary or permanent residence who was provided--
(A) temporary or permanent residence status under section 245A of the
Immigration and Nationality Act,
(B) temporary or permanent residence status under section 210 of the
Immigration and Nationality Act, or
(C) permanent residence status under section 202 of the Immigration Reform
and Control Act of 1986.
(c) APPLICATION OF DEFINITIONS- Except as otherwise specifically provided in
this section, the definitions contained in the Immigration and Nationality
Act shall apply in the administration of this section.
(d) TEMPORARY DISQUALIFICATION FROM CERTAIN PUBLIC WELFARE ASSISTANCE-
Aliens provided the benefits of this section by virtue of their relation to
a legalized alien described in subsection (b)(2)(A) or (b)(2)(B) shall be
ineligible for public welfare assistance in the same manner and for the same
period as the legalized alien is ineligible for such assistance under section
245A(h) or 210(f), respectively, of the Immigration and Nationality Act.
(e) APPLICATION OF SLIAG PROGRAM- For purposes of section 204 of the
Immigration Reform and Control Act of 1986, an alien who is the spouse
or child of a legalized alien and whose deportation is suspended under
this section shall be treated as an eligible legalized alien for the same
period as such legalized alien is.
(f) CONSTRUCTION- Nothing in this section shall be construed as authorizing
an alien to apply for admission to, or to be admitted to, the United States
in order to obtain benefits under this section.

fee700f7c255e4771df05c5b0ea06faf89aee7378f6ffe42b00106b4a538a7ee

(a) IN GENERAL- Section 204(c)(1) of the Immigration Reform and Control
Act of 1986 is amended by adding at the end the following: `For purposes
of subparagraphs (A) and (C), the term `eligible legalized alien' includes
an alien who applies on a timely basis to become an eligible legalized
alien beginning on the date that the alien applies for lawful temporary
status under section 210, 210A, or 245A of the Immigration and Nationality
Act and ending on the date that there has been a final determination with
respect to such application.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
as if included in the enactment of the Immigration Reform and Control Act
of 1986.

26965231a24d602e51456cb1af9947641693d42846104e36f0c49707a5d4e20e

IMPACTED BY INCREASES IN ALIENS APPLYING FOR ASYLUM.
(a) IN GENERAL- Section 404(b) of the Immigration and Nationality Act
(8 U.S.C. 1101 note), as added by section 113 of the Immigration Reform
and Control Act of 1986, is amended--
(1) by inserting `to carry out paragraph (2) and' after `to be used',
(2) by inserting `(1)' after `(b)', and
(3) by adding at the end the following new paragraph:
`(2)(A) Whenever a district director of the Service certifies to the
Commissioner that the number of asylum applications filed in the respective
district during a calendar quarter exceeds by at least 1,000 the number
of such applications filed in that district during the preceding calendar
quarter, subject to subparagraph (B), funds in the immigration emergency
fund provided for under paragraph (1) shall be available for reimbursement
of localities that have provided assistance to aliens in that district
who have asylum applications pending.
`(B) Not more than $20,000,000 shall be made available for all localities
under this paragraph.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply
with respect to increases in the number of asylum applications filed in
a calendar quarter beginning on or after January 1, 1989.

1e69e1605fcfaee41845e35e799c83d82ba6dcb1dc1719fd3c5dbf580135b82a

EMERGENCY FUND.
(a) IN GENERAL- Section 404(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1101 note), as amended by section 316(a) of this Act, is amended--
(1) by inserting `(for fiscal year 1991 and any subsequent fiscal year)'
after `appropriated', and
(2) by striking `$35,000,000' and inserting `an amount sufficient to
provide for a balance of $35,000,000 in such fund'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall be effective
as if included in the enactment of the Immigration Reform and Control Act
of 1986.

981906c789cbd0490776a298e5f52e503516c3e47ce9957b6567b8280cd2054c

(a) IN GENERAL- Section 217 of the Immigration and Nationality Act (8
U.S.C. 1187) is amended--
(1) in subsection (a)(2), by inserting `, and presents a passport issued
by,' after `is a national of';
(2) in subsection (a)(3)--
(A) by striking `ENTRY CONTROL AND WAIVER FORMS' and inserting `IMMIGRATION
FORMS', and
(B) by striking all that follows `such admission' and inserting `completes
such immigration form as the Attorney General shall establish.';
(3) by striking paragraph (4) of subsection (a) and inserting the following:
`(4) ENTRY BY SEA OR AIR- If arriving by sea or air, the alien arrives at
the port of entry into the United States on a carrier which has entered
into an agreement with the Service to guarantee transport of the alien out
of the United States if the alien is found inadmissible or deportable by
an immigration officer.';
(4) by adding at the end of subsection (a) the following new paragraph:
`(7) ROUND-TRIP TICKET- The alien is in possession of a round-trip
transportation ticket (unless this requirement is waived by the Attorney
General under regulations).';
(5) in subsection (b)--
(A) by striking the heading and paragraphs (1) through (3), and
(B) by redesignating paragraph (4) (and subparagraphs (A) and (B) thereof)
as subsection (b) (and paragraphs (1) and (2) thereof, respectively);
(6) in subsection (c)--
(A) in paragraph (1)--
(i) by striking `UP TO 8 COUNTRIES' in the heading and inserting `IN
GENERAL', and
(ii) by striking all that follows `may designate' and inserting `any country
as a pilot program country if it meets the requirements of paragraph (2)';
(A) in paragraph (2)--
(i) by striking `INITIAL QUALIFICATIONS' in the heading and inserting
`QUALIFICATIONS',
(ii) by striking `For the initial period described in paragraph (4),
a country' and inserting `A country', and
(iii) by adding at the end the following new subparagraphs:
`(C) MACHINE READIBLE PASSPORT PROGRAM- The government of the country
certifies that it has or is in the process of developing a program to
issue machine-readible passports to its citizens.
`(D) LAW ENFORCEMENT INTERESTS- The Attorney General determines that the
United States law enforcement interests would not be compromised by the
designation of the country.';
(7) by redesignating subsections (d) and (e) as subsections (e) and (f),
respectively, and by inserting after subsection (d) the following new
subsection:
`(d) AUTHORITY- Notwithstanding the other provision of this section,
the Attorney General and the Secretary of State, acting jointly, may for
any reason (including national security) refrain from waiving the visa
requirement in respect to nationals of any country which may otherwise
qualify for designation or may, at any time, rescind any waiver or
designation previously granted under this section.'; and
(8) in subsection (e)(1), as so redesignated--
(A) by striking `and' at the end of subparagraph (A),
(B) by striking the period at the end of subparagraph (B) and inserting
`, and', and
(C) by adding at the end the following new subparagraph:
`(C) to be subject to the imposition of fines resulting from the transporting
into the United States of a national of a designated country without a
passport pursuant to regulations promulgated by the Attorney General.'; and
(9) in subsection (f), as so redesignated, by striking all that follows
`the period beginning' and inserting `on October 1, 1988, and ending on
September 30, 1994.'.
(b) PENALTY FOR TRANSPORT OF ALIENS WITHOUT VALID VISAS- Section 273 of
such Act (8 U.S.C. 1323) is amended--
(1) in subsection (a), by inserting `a valid passport and' before `an
unexpired visa', and
(2) in subsection (c), by inserting `valid passport or' before `visa
was required'.
(c) EFFECTIVE DATE- The amendments made by this section shall take effect
as of the date of the enactment of this Act.

e061604da1b311b8132515b471359a5e52a109ae3df99b5db86f251e6a0fb522

FROM TEMPORARY TO PERMAMENT RESIDENCE FOR LEGALIZED ALIENS.
Section 245A(b) of the Immigration and Nationality Act (8 U.S.C. 1255a(b))
is amended--
(1) in paragraph (1)(A), by striking `one-year period' and inserting
`2-year period', and
(2) in paragraph (2)(C), by striking `thirty-first' and inserting `43rd'.
Subtitle C--Miscellaneous

0a421d33894d826e8873c584d43485134cab602164aea788c43224dcaa5ef78f

A JUVENILE COURT.
(a) IN GENERAL- Section 101(a)(27) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)), as amended by section 102(e)(1) of this Act,
is amended--
(1) by striking `or' at the end of subparagraph (I),
(2) by striking the period at the end of subparagraph (J) and inserting
`; or', and
(3) by adding at the end the following new subparagraph:
`(K) an immigrant who (i) who has been declared dependent on a juvenile
court located in the United States and has been deemed eligible by that
court for long-term foster care, and (ii) for whom it has been determined
in administrative or judicial proceedings that it would not be in the
alien's best interest to be returned to the alien's or parent's previous
country of nationality or country of last habitual residence.'.
(b) WAIVER OF GROUNDS FOR DEPORTATION- Section 241 of such Act (8
U.S.C. 1251) is amended by adding at the end the following new subsection:
`(h) Paragraphs (1), (2), (5), (9), or (12) of subsection 241 (other than
so much of subsection (a)(1) as relates to a ground of exclusion described
in paragraph (9), (10), (23), (27), (29), or (33) of section 212(a))
shall not apply to a special immigrant described in section 101(a)(27)(K)
based upon circumstances that exist before the date the alien was provided
such special immigrant status.'.

231218fd86dc3b3ad4c960ddbc3fc7a2642f91af7a7192a9b8fa9038ae4ad57a

Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is
amended by adding at the end the following new subsection:
`(c) The Commissioner, in consultation with interested academicians,
government agencies, and other parties, shall provide for a system for
collection and dissemination, to Congress and the public, of information
(not in individually identifiable form) useful in evaluating the social,
economic, environmental, and demographic impact of immigration laws. Such
information shall include information on the alien population in the
United States, on the rates of naturalization and emigration of resident
aliens, on aliens who have been admitted, paroled, or granted asylum, on
nonimmigrants in the United States (by occupation, basis for admission,
and duration of stay), and on aliens who have been excluded or deported
from the United States. Such system shall provide for the collection and
dissemination of such information not less often than annually.'.

044f37174b3317c33108aa4280fcd671c0c4c18ef07c8a4f54e68bc1adc90a60

(a) IN GENERAL- Section 212 of the Immigration and Nationality Act (8
U.S.C. 1182) is amended--
(1) by amending paragraph (1) of subsection (a) to read as follows:
`(1) Any alien who is determined (in accordance with regulations prescribed
by the Secretary of Health and Human Services)--
`(A) to have a physical or mental disorder, and exhibits a current behavior
or has a history of behavior (associated with the disorder) that (i) poses
or has posed a threat to property or the safety or welfare of the alien
or others and (ii) as to a history of behavior, has occurred so recently
(taking into account the nature of the disorder) as to suggest the likelihood
of its recurrence or the occurrence of other harmful behavior, or
`(B) to be a drug abuser or addict;';
(2) by striking paragraphs (2) through (5) and (11) of subsection (a); and
(3) in subsection (g)--
(A) by striking `who is excludable from the United States under paragraph
(1) of subsection (a) of this section, or any alien', and
(B) by striking the second sentence and inserting the following: `The
Attorney General may waive the application of subsection (a)(1)(A) in
the case of any immigrant, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the Attorney General,
in his discretion after consultation with the Secretary of Health and
Human Services, may by regulation prescribe.'.
(b) CONFORMING AMENDMENTS-
(1) Section 234 of such Act (8 U.S.C. 1224) is amended by striking
`paragraphs (1), (2), (3), (4), or (5)' and inserting `paragraph (1)'
each place it appears.
(2) Section 236(d) of such Act (8 U.S.C. 1226(d)) is amended by striking
`paragraphs (1), (2), (3), (4), or (5) of section 212(a)' and inserting
`section 212(a)(1)'.
(3) Section 272(a) of such Act (8 U.S.C. 1322(a)) is amended--
(A) by striking `(1) mentally retarded' and all that follows through `(6)
a narcotic drug addict' and inserting `excludable under section 212(a)
(1) or (6)', and
(B) by striking `such disease or disability' and inserting `the excluding
condition'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
individuals entering the United States on or after the first day of the
first month beginning more than 60 days after the date of the enactment
of this Act.

d973846a54936e3a3102db4cdf3726a311ca8fbe212cb5094631a54d64337762

115ff7b6c56a08be9dbc9e1daaa7405a5336c6ef77c6137e88ef00c0aba6d72c

(a) IN GENERAL- Section 242(c) of the Immigration and Nationality Act
(8 U.S.C. 1252(c)) is amended--
(1) by striking `When' and inserting `(1) Except as provided in paragraph
(2), when'; and
(2) by adding at the end the following new paragraph:
`(2)(A) The Attorney General shall not detain any alien described in
subparagraph (B) who is deportable under section 241, except in connection
with the immediate departure of such  alien. The period of such detention
shall not exceed a reasonable amount of time (not to exceed 24 hours)
based upon the particular circumstances of the alien and the alien's
dependent children.
`(B) An alien described in this subparagraph is an alien--
`(i) who is not deportable under paragraph (4), (5), (6), (7), (11), (12),
(14), (15), (16), (17), (18), or (19) of section 241(a); and
`(ii) who is the mother of any child in the United States if the child is
not older than 2 years of age and is dependent upon the alien for basic
parental care.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to
any alien subject to a final deportation order on or after the date of
the enactment of this Act.

3454a3b8339dad050228ac0ba6cd665ce315e866662ce94abc3e0e2d6b20e100

Section 312(1) of the Immigration and Nationality Act (8 U.S.C. 1423(1))
is amended by striking `is over fifty years of age and has been living in
the United States for periods totaling at least twenty years subsequent
to a lawful admission for permanent residence' and inserting `either
(A) is over 50 years of age and has been living in the United States for
periods totaling at least 20 years subsequent to a lawful admission for
permanent residence, or (B) is over 55 years of age and has been living
in the United States for periods totaling at least 15 years subsequent to
a lawful admission for permanent residence'.

9a28865f433359701e927caceab49ea4ffe388bab79d59b409fd8ba337cbfe64

(a) IN GENERAL- Section 315 of the Immigration and Nationality Act (8
U.S.C. 1425) is amended--
(1) in subsection (a), by inserting `but subject to subsection (c)' after
`section 405(b)', and
(2) by adding at the end the following new subsection:
`(c) An alien shall not be ineligible for citizenship under this section
or otherwise because of an exemption from training or service in the Armed
Forces of the United States pursuant to the exercise of rights under a
treaty, if before the time of the exercise of such rights the alien served
in the Armed Forces of a foreign country of which the alien was a national.'.
(b) EFFECTIVE DATE- The amendments made by this section shall take effect
on the date of the enactment of this Act and shall apply to exemptions
from training or service obtained before, on, or after such date.

9fb5472915967b4b43f1086015597ebf8cdbf857911bb845239ecc519a7154f8

STATUS.
(a) IN GENERAL- Section 208(b) of the Immigration and Nationality Act (8
U.S.C. 1158(b)) is amended by adding at the end the following new sentence:
`The Attorney General may not terminate such status on the basis that the
alien is no longer a refugee unless the alien has been provided notice of
such termination and the right to apply for adjustment of status under
section 209(b) and an opportunity (of not less than 90 days beginning
one-year after the date the alien is granted asylum) to file an application
for adjustment of status under such section to that of an alien lawfully
admitted for permanent residence.'.
(b) CONFORMING AMENDMENT- Section 209(b) of such Act (8 U.S.C. 1159(b))
is amended by striking paragraph (3) and redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively.
(c) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
termination of asylum status occurring before, on, or after the date of
the enactment of this Act. The amendment made by subsection (b) shall take
effect on the date of the enactment of this Act.

a989cf38e213112ac8bf30d130e68a2f4e122a00820036eb2cefa983158bedc3

NATURALIZATION.
Any fee charged by the Immigration and Naturalization Service for the filing
of an application to file a petition for naturalization shall be paid by the
applicant at the time of the filing of the petition for naturalization and,
if no such petition for naturalization is filed, no fee shall be charged
for the filing of such application.

3bcfa9de28e49bc0f9ee87b30b31791955bb79db59797c887bf4f4544e5c7089

CITIZENSHIP.
(a) IN GENERAL- Section 286(n) of the Immigration and Nationality Act (8
U.S.C. 1356(n)) is amended by adding at the end the following: `Not less
than one percent of the funds deposited in the Account shall be expended
by the Service to promote the opportunities and responsibilities of United
States citizenship. The Attorney General shall submit to Congress annually
a report on the promotional activities conducted by the Service under the
preceding sentence.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
funds deposited in the Immigration Examinations Fee Account for fiscal
years beginning with fiscal year 1991.

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NATURALIZATION.
The Commissioner of the Immigration and Naturalization Service shall
submit to Congress annually a report on the number, and rate of denial
administratively, of applications for naturalization. Each such report
shall specify, for each district office of the Service and by national
origin group--
(1) the number of applications classified as `returns' and the number
classified as `non-files', and
(2) the number of applicants who reapply after an application for
naturalization has been denied.

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There are authorized to be appropriated for fiscal year 1991 such
additional sums as may be necessary to provide for an increase of 1,000
in the authorized personnel level of the border patrol of the Immigration
and Naturalization Service, above the authorized level of the patrol as
of September 30, 1990.
Amend the title so as to read: `An Act to amend the Immigration and
Nationality Act to revise the system of admission of aliens on the basis
of family reunification and to meet identified labor shortages, and for
other purposes.'.
Attest:
Clerk.
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Immigration Act of 1990 — S. 358

Other Sections

TITLE I

TITLE II

TITLE III

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