HR 4638 — Federal Working Animal Protection Act

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 IMMIGRATION AND NATIONALITY ACT

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TITLE II--IMMIGRATION

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 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

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 general classes of aliens ineligible to receive visas and ineligible 
 for admission; waivers of inadmissibility

 Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
 (1) Health-related grounds.--
 (A) In general.--Any alien--
 (i) who is determined (in accordance 
 with regulations prescribed by the 
 Secretary of Health and Human Services) 
 to have a communicable disease of 
 public health significance;
 (ii) except as provided in 
 subparagraph (C), who seeks admission 
 as an immigrant, or who seeks 
 adjustment of status to the status of 
 an alien lawfully admitted for 
 permanent residence, and who has failed 
 to present documentation of having 
 received vaccination against vaccine-
 preventable diseases, which shall 
 include at least the following 
 diseases: mumps, measles, rubella, 
 polio, tetanus and diphtheria toxoids, 
 pertussis, influenza type B and 
 hepatitis B, and any other vaccinations 
 against vaccine-preventable diseases 
 recommended by the Advisory Committee 
 for Immunization Practices,
 (iii) who is determined (in 
 accordance with regulations prescribed 
 by the Secretary of Health and Human 
 Services in consultation with the 
 Attorney General)--
 (I) to have a physical or 
 mental disorder and behavior 
 associated with the disorder 
 that may pose, or has posed, a 
 threat to the property, safety, 
 or welfare of the alien or 
 others, or
 (II) to have had a physical 
 or mental disorder and a 
 history of behavior associated 
 with the disorder, which 
 behavior has posed a threat to 
 the property, safety, or 
 welfare of the alien or others 
 and which behavior is likely to 
 recur or to lead to other 
 harmful behavior, or
 (iv) who is determined (in accordance 
 with regulations prescribed by the 
 Secretary of Health and Human Services) 
 to be a drug abuser or addict,
 is inadmissibility.
 (B) Waiver authorized.--For provision 
 authorizing waiver of certain clauses of 
 subparagraph (A), see subsection (g).
 (C) Exception from immunization requirement 
 for adopted children 10 years of age or 
 younger.--Clause (ii) of subparagraph (A) shall 
 not apply to a child who--
 (i) is 10 years of age or younger,
 (ii) is described in subparagraph (F) 
 or (G) of section 101(b)(1); and
 (iii) is seeking an immigrant visa as 
 an immediate relative under section 
 201(b),
 if, prior to the admission of the child, an 
 adoptive parent or prospective adoptive parent 
 of the child, who has sponsored the child for 
 admission as an immediate relative, has 
 executed an affidavit stating that the parent 
 is aware of the provisions of subparagraph 
 (A)(ii) and will ensure that, within 30 days of 
 the child's admission, or at the earliest time 
 that is medically appropriate, the child will 
 receive the vaccinations identified in such 
 subparagraph.
 (2) Criminal and related grounds.--
 (A) Conviction of certain crimes.--
 (i) In general.--Except as provided 
 in clause (ii), any alien convicted of, 
 or who admits having committed, or who 
 admits committing acts which constitute 
 the essential elements of--
 (I) a crime involving moral 
 turpitude (other than a purely 
 political offense) or an 
 attempt or conspiracy to commit 
 such a crime, or
 (II) a violation of (or a 
 conspiracy or attempt to 
 violate) any law or regulation 
 of a State, the United States, 
 or a foreign country relating 
 to a controlled substance (as 
 defined in section 102 of the 
 Controlled Substances Act (21 
 U.S.C. 802)),
 is inadmissible.
 (ii) Exception.--Clause (i)(I) shall 
 not apply to an alien who committed 
 only one crime if--
 (I) the crime was committed 
 when the alien was under 18 
 years of age, and the crime was 
 committed (and the alien 
 released from any confinement 
 to a prison or correctional 
 institution imposed for the 
 crime) more than 5 years before 
 the date of application for a 
 visa or other documentation and 
 the date of application for 
 admission to the United States, 
 or
 (II) the maximum penalty 
 possible for the crime of which 
 the alien was convicted (or 
 which the alien admits having 
 committed or of which the acts 
 that the alien admits having 
 committed constituted the 
 essential elements) did not 
 exceed imprisonment for one 
 year and, if the alien was 
 convicted of such crime, the 
 alien was not sentenced to a 
 term of imprisonment in excess 
 of 6 months (regardless of the 
 extent to which the sentence 
 was ultimately executed).
 (B) Multiple criminal convictions.--Any alien 
 convicted of 2 or more offenses (other than 
 purely political offenses), regardless of 
 whether the conviction was in a single trial or 
 whether the offenses arose from a single scheme 
 of misconduct and regardless of whether the 
 offenses involved moral turpitude, for which 
 the aggregate sentences to confinement were 5 
 years or more is inadmissible.
 (C) Controlled substance traffickers.--Any 
 alien who the consular officer or the Attorney 
 General knows or has reason to believe--
 (i) is or has been an illicit 
 trafficker in any controlled substance 
 or in any listed chemical (as defined 
 in section 102 of the Controlled 
 Substances Act (21 U.S.C. 802)), or is 
 or has been a knowing aider, abettor, 
 assister, conspirator, or colluder with 
 others in the illicit trafficking in 
 any such controlled or listed substance 
 or chemical, or endeavored to do so; or
 (ii) is the spouse, son, or daughter 
 of an alien inadmissible under clause 
 (i), has, within the previous 5 years, 
 obtained any financial or other benefit 
 from the illicit activity of that 
 alien, and knew or reasonably should 
 have known that the financial or other 
 benefit was the product of such illicit 
 activity,
 is inadmissible.
 (D) Prostitution and commercialized vice.--
 Any alien who--
 (i) is coming to the United States 
 solely, principally, or incidentally to 
 engage in prostitution, or has engaged 
 in prostitution within 10 years of the 
 date of application for a visa, 
 admission, or adjustment of status,
 (ii) directly or indirectly procures 
 or attempts to procure, or (within 10 
 years of the date of application for a 
 visa, entry, or adjustment of status) 
 procured or attempted to procure or to 
 import, prostitutes or persons for the 
 purpose of prostitution, or receives or 
 (within such 10-year period) received, 
 in whole or in part, the proceeds of 
 prostitution, or
 (iii) is coming to the United States 
 to engage in any other unlawful 
 commercialized vice, whether or not 
 related to prostitution,
 is inadmissible.
 (E) Certain aliens involved in serious 
 criminal activity who have asserted immunity 
 from prosecution.--Any alien--
 (i) who has committed in the United 
 States at any time a serious criminal 
 offense (as defined in section 101(h)),
 (ii) for whom immunity from criminal 
 jurisdiction was exercised with respect 
 to that offense,
 (iii) who as a consequence of the 
 offense and exercise of immunity has 
 departed from the United States, and
 (iv) who has not subsequently 
 submitted fully to the jurisdiction of 
 the court in the United States having 
 jurisdiction with respect to that 
 offense,
 is inadmissible.
 (F) Waiver authorized.--For provision 
 authorizing waiver of certain subparagraphs of 
 this paragraph, see subsection (h).
 (G) Foreign government officials who have 
 committed particularly severe violations of 
 religious freedom.--Any alien who, while 
 serving as a foreign government official, was 
 responsible for or directly carried out, at any 
 time, particularly severe violations of 
 religious freedom, as defined in section 3 of 
 the International Religious Freedom Act of 1998 
 (22 U.S.C. 6402), is inadmissible.
 (H) Significant traffickers in persons.--
 (i) In general.--Any alien who 
 commits or conspires to commit human 
 trafficking offenses in the United 
 States or outside the United States, or 
 who the consular officer, the Secretary 
 of Homeland Security, the Secretary of 
 State, or the Attorney General knows or 
 has reason to believe is or has been a 
 knowing aider, abettor, assister, 
 conspirator, or colluder with such a 
 trafficker in severe forms of 
 trafficking in persons, as defined in 
 the section 103 of such Act, is 
 inadmissible.
 (ii) Beneficiaries of trafficking.--
 Except as provided in clause (iii), any 
 alien who the consular officer or the 
 Attorney General knows or has reason to 
 believe is the spouse, son, or daughter 
 of an alien inadmissible under clause 
 (i), has, within the previous 5 years, 
 obtained any financial or other benefit 
 from the illicit activity of that 
 alien, and knew or reasonably should 
 have known that the financial or other 
 benefit was the product of such illicit 
 activity, is inadmissible.
 (iii) Exception for certain sons and 
 daughters.--Clause (ii) shall not apply 
 to a son or daughter who was a child at 
 the time he or she received the benefit 
 described in such clause.
 (I) Money laundering.--Any alien--
 (i) who a consular officer or the 
 Attorney General knows, or has reason 
 to believe, has engaged, is engaging, 
 or seeks to enter the United States to 
 engage, in an offense which is 
 described in section 1956 or 1957 of 
 title 18, United States Code (relating 
 to laundering of monetary instruments); 
 or
 (ii) who a consular officer or the 
 Attorney General knows is, or has been, 
 a knowing aider, abettor, assister, 
 conspirator, or colluder with others in 
 an offense which is described in such 
 section;
 is inadmissible.
 (J) Harming animals used in law 
 enforcement.--Any alien who has been convicted 
 of, who admits having committed, or who admits 
 committing acts which constitute the essential 
 elements of an offense under section 1368 of 
 title 18, United States Code (relating to 
 harming animals used in law enforcement), is 
 inadmissible.
 (3) Security and related grounds.--
 (A) In general.--Any alien who a consular 
 officer or the Attorney General knows, or has 
 reasonable ground to believe, seeks to enter 
 the United States to engage solely, 
 principally, or incidentally in--
 (i) any activity (I) to violate any 
 law of the United States relating to 
 espionage or sabotage or (II) to 
 violate or evade any law prohibiting 
 the export from the United States of 
 goods, technology, or sensitive 
 information,
 (ii) any other unlawful activity, or
 (iii) any activity a purpose of which 
 is the opposition to, or the control or 
 overthrow of, the Government of the 
 United States by force, violence, or 
 other unlawful means,
 is inadmissible.
 (B) Terrorist activities.--
 (i) In general.--Any alien who--
 (I) has engaged in a 
 terrorist activity;
 (II) a consular officer, the 
 Attorney General, or the 
 Secretary of Homeland Security 
 knows, or has reasonable ground 
 to believe, is engaged in or is 
 likely to engage after entry in 
 any terrorist activity (as 
 defined in clause (iv));
 (III) has, under 
 circumstances indicating an 
 intention to cause death or 
 serious bodily harm, incited 
 terrorist activity;
 (IV) is a representative (as 
 defined in clause (v)) of--
 (aa) a terrorist 
 organization (as 
 defined in clause 
 (vi)); or
 (bb) a political, 
 social, or other group 
 that endorses or 
 espouses terrorist 
 activity;
 (V) is a member of a 
 terrorist organization 
 described in subclause (I) or 
 (II) of clause (vi);
 (VI) is a member of a 
 terrorist organization 
 described in clause (vi)(III), 
 unless the alien can 
 demonstrate by clear and 
 convincing evidence that the 
 alien did not know, and should 
 not reasonably have known, that 
 the organization was a 
 terrorist organization;
 (VII) endorses or espouses 
 terrorist activity or persuades 
 others to endorse or espouse 
 terrorist activity or support a 
 terrorist organization;
 (VIII) has received military-
 type training (as defined in 
 section 2339D(c)(1) of title 
 18, United States Code) from or 
 on behalf of any organization 
 that, at the time the training 
 was received, was a terrorist 
 organization (as defined in 
 clause (vi)); or
 (IX) is the spouse or child 
 of an alien who is inadmissible 
 under this subparagraph, if the 
 activity causing the alien to 
 be found inadmissible occurred 
 within the last 5 years, is 
 inadmissible.
 An alien who is an officer, official, 
 representative, or spokesman of the 
 Palestine Liberation Organization is 
 considered, for purposes of this Act, 
 to be engaged in a terrorist activity.
 (ii) Exception.--Subclause (IX) of 
 clause (i) does not apply to a spouse 
 or child--
 (I) who did not know or 
 should not reasonably have 
 known of the activity causing 
 the alien to be found 
 inadmissible under this 
 section; or
 (II) whom the consular 
 officer or Attorney General has 
 reasonable grounds to believe 
 has renounced the activity 
 causing the alien to be found 
 inadmissible under this 
 section.
 (iii) Terrorist activity defined.--As 
 used in this Act, the term ``terrorist 
 activity'' means any activity which is 
 unlawful under the laws of the place 
 where it is committed (or which, if it 
 had been committed in the United 
 States, would be unlawful under the 
 laws of the United States or any State) 
 and which involves any of the 
 following:
 (I) The highjacking or 
 sabotage of any conveyance 
 (including an aircraft, vessel, 
 or vehicle).
 (II) The seizing or 
 detaining, and threatening to 
 kill, injure, or continue to 
 detain, another individual in 
 order to compel a third person 
 (including a governmental 
 organization) to do or abstain 
 from doing any act as an 
 explicit or implicit condition 
 for the release of the 
 individual seized or detained.
 (III) A violent attack upon 
 an internationally protected 
 person (as defined in section 
 1116(b)(4) of title 18, United 
 States Code) or upon the 
 liberty of such a person.
 (IV) An assassination.
 (V) The use of any--
 (a) biological agent, 
 chemical agent, or 
 nuclear weapon or 
 device, or
 (b) explosive, 
 firearm, or other 
 weapon or dangerous 
 device (other than for 
 mere personal monetary 
 gain),
 with intent to endanger, 
 directly or indirectly, the 
 safety of one or more 
 individuals or to cause 
 substantial damage to property.
 (VI) A threat, attempt, or 
 conspiracy to do any of the 
 foregoing.
 (iv) Engage in terrorist activity 
 defined.--As used in this Act, the term 
 ``engage in terrorist activity'' means, 
 in an individual capacity or as a 
 member of an organization--
 (I) to commit or to incite to 
 commit, under circumstances 
 indicating an intention to 
 cause death or serious bodily 
 injury, a terrorist activity;
 (II) to prepare or plan a 
 terrorist activity;
 (III) to gather information 
 on potential targets for 
 terrorist activity;
 (IV) to solicit funds or 
 other things of value for--
 (aa) a terrorist 
 activity;
 (bb) a terrorist 
 organization described 
 in clause (vi)(I) or 
 (vi)(II); or
 (cc) a terrorist 
 organization described 
 in clause (vi)(III), 
 unless the solicitor 
 can demonstrate by 
 clear and convincing 
 evidence that he did 
 not know, and should 
 not reasonably have 
 known, that the 
 organization was a 
 terrorist organization;
 (V) to solicit any 
 individual--
 (aa) to engage in 
 conduct otherwise 
 described in this 
 subsection;
 (bb) for membership 
 in a terrorist 
 organization described 
 in clause (vi)(I) or 
 (vi)(II); or
 (cc) for membership 
 in a terrorist 
 organization described 
 in clause (vi)(III) 
 unless the solicitor 
 can demonstrate by 
 clear and convincing 
 evidence that he did 
 not know, and should 
 not reasonably have 
 known, that the 
 organization was a 
 terrorist organization; 
 or
 (VI) to commit an act that 
 the actor knows, or reasonably 
 should know, affords material 
 support, including a safe 
 house, transportation, 
 communications, funds, transfer 
 of funds or other material 
 financial benefit, false 
 documentation or 
 identification, weapons 
 (including chemical, 
 biological, or radiological 
 weapons), explosives, or 
 training--
 (aa) for the 
 commission of a 
 terrorist activity;
 (bb) to any 
 individual who the 
 actor knows, or 
 reasonably should know, 
 has committed or plans 
 to commit a terrorist 
 activity;
 (cc) to a terrorist 
 organization described 
 in subclause (I) or 
 (II) of clause (vi) or 
 to any member of such 
 an organization; or
 (dd) to a terrorist 
 organization described 
 in clause (vi)(III), or 
 to any member of such 
 an organization, unless 
 the actor can 
 demonstrate by clear 
 and convincing evidence 
 that the actor did not 
 know, and should not 
 reasonably have known, 
 that the organization 
 was a terrorist 
 organization.
 (v) Representative defined.--As used 
 in this paragraph, the term 
 ``representative'' includes an officer, 
 official, or spokesman of an 
 organization, and any person who 
 directs, counsels, commands, or induces 
 an organization or its members to 
 engage in terrorist activity.
 (vi) Terrorist organization 
 defined.--As used in this section, the 
 term ``terrorist organization'' means 
 an organization--
 (I) designated under section 
 219;
 (II) otherwise designated, 
 upon publication in the Federal 
 Register, by the Secretary of 
 State in consultation with or 
 upon the request of the 
 Attorney General or the 
 Secretary of Homeland Security, 
 as a terrorist organization, 
 after finding that the 
 organization engages in the 
 activities described in 
 subclauses (I) through (VI) of 
 clause (iv); or
 (III) that is a group of two 
 or more individuals, whether 
 organized or not, which engages 
 in, or has a subgroup which 
 engages in, the activities 
 described in subclauses (I) 
 through (VI) of clause (iv).
 (C) Foreign policy.--
 (i) In general.--An alien whose entry 
 or proposed activities in the United 
 States the Secretary of State has 
 reasonable ground to believe would have 
 potentially serious adverse foreign 
 policy consequences for the United 
 States is inadmissible.
 (ii) Exception for officials.--An 
 alien who is an official of a foreign 
 government or a purported government, 
 or who is a candidate for election to a 
 foreign government office during the 
 period immediately preceding the 
 election for that office, shall not be 
 excludable or subject to restrictions 
 or conditions on entry into the United 
 States under clause (i) solely because 
 of the alien's past, current, or 
 expected beliefs, statements, or 
 associations, if such beliefs, 
 statements, or associations would be 
 lawful within the United States.
 (iii) Exception for other aliens.--An 
 alien, not described in clause (ii), 
 shall not be excludable or subject to 
 restrictions or conditions on entry 
 into the United States under clause (i) 
 because of the alien's past, current, 
 or expected beliefs, statements, or 
 associations, if such beliefs, 
 statements, or associations would be 
 lawful within the United States, unless 
 the Secretary of State personally 
 determines that the alien's admission 
 would compromise a compelling United 
 States foreign policy interest.
 (iv) Notification of 
 determinations.--If a determination is 
 made under clause (iii) with respect to 
 an alien, the Secretary of State must 
 notify on a timely basis the chairmen 
 of the Committees on the Judiciary and 
 Foreign Affairs of the House of 
 Representatives and of the Committees 
 on the Judiciary and Foreign Relations 
 of the Senate of the identity of the 
 alien and the reasons for the 
 determination.
 (D) Immigrant membership in totalitarian 
 party.--
 (i) In general.--Any immigrant who is 
 or has been a member of or affiliated 
 with the Communist or any other 
 totalitarian party (or subdivision or 
 affiliate thereof), domestic or 
 foreign, is inadmissible.
 (ii) Exception for involuntary 
 membership.--Clause (i) shall not apply 
 to an alien because of membership or 
 affiliation if the alien establishes to 
 the satisfaction of the consular 
 officer when applying for a visa (or to 
 the satisfaction of the Attorney 
 General when applying for admission) 
 that the membership or affiliation is 
 or was involuntary, or is or was solely 
 when under 16 years of age, by 
 operation of law, or for purposes of 
 obtaining employment, food rations, or 
 other essentials of living and whether 
 necessary for such purposes.
 (iii) Exception for past 
 membership.--Clause (i) shall not apply 
 to an alien because of membership or 
 affiliation if the alien establishes to 
 the satisfaction of the consular 
 officer when applying for a visa (or to 
 the satisfaction of the Attorney 
 General when applying for admission) 
 that--
 (I) the membership or 
 affiliation terminated at 
 least--
 (a) 2 years before 
 the date of such 
 application, or
 (b) 5 years before 
 the date of such 
 application, in the 
 case of an alien whose 
 membership or 
 affiliation was with 
 the party controlling 
 the government of a 
 foreign state that is a 
 totalitarian 
 dictatorship as of such 
 date, and
 (II) the alien is not a 
 threat to the security of the 
 United States.
 (iv) Exception for close family 
 members.--The Attorney General may, in 
 the Attorney General's discretion, 
 waive the application of clause (i) in 
 the case of an immigrant who is the 
 parent, spouse, son, daughter, brother, 
 or sister of a citizen of the United 
 States or a spouse, son, or daughter of 
 an alien lawfully admitted for 
 permanent residence for humanitarian 
 purposes, to assure family unity, or 
 when it is otherwise in the public 
 interest if the immigrant is not a 
 threat to the security of the United 
 States.
 (E) Participants in nazi persecution, 
 genocide, or the commission of any act of 
 torture or extrajudicial killing.--
 (i) Participation in nazi 
 persecutions.--Any alien who, during 
 the period beginning on March 23, 1933, 
 and ending on May 8, 1945, under the 
 direction of, or in association with--
 (I) the Nazi government of 
 Germany,
 (II) any government in any 
 area occupied by the military 
 forces of the Nazi government 
 of Germany,
 (III) any government 
 established with the assistance 
 or cooperation of the Nazi 
 government of Germany, or
 (IV) any government which was 
 an ally of the Nazi government 
 of Germany,
 ordered, incited, assisted, or 
 otherwise participated in the 
 persecution of any person because of 
 race, religion, national origin, or 
 political opinion is inadmissible.
 (ii) Participation in genocide.--Any 
 alien who ordered, incited, assisted, 
 or otherwise participated in genocide, 
 as defined in section 1091(a) of title 
 18, United States Code, is inadmissible
 (iii) Commission of acts of torture 
 or extrajudicial killings.--Any alien 
 who, outside the United States, has 
 committed, ordered, incited, assisted, 
 or otherwise participated in the 
 commission of--
 (I) any act of torture, as 
 defined in section 2340 of 
 title 18, United States Code; 
 or
 (II) under color of law of 
 any foreign nation, any 
 extrajudicial killing, as 
 defined in section 3(a) of the 
 Torture Victim Protection Act 
 of 1991 (28 U.S.C. 1350 note),
 is inadmissible.
 (F) Association with terrorist 
 organizations.--Any alien who the Secretary of 
 State, after consultation with the Attorney 
 General, or the Attorney General, after 
 consultation with the Secretary of State, 
 determines has been associated with a terrorist 
 organization and intends while in the United 
 States to engage solely, principally, or 
 incidentally in activities that could endanger 
 the welfare, safety, or security of the United 
 States is inadmissible.
 (G) Recruitment or use of child soldiers.--
 Any alien who has engaged in the recruitment or 
 use of child soldiers in violation of section 
 2442 of title 18, United States Code, is 
 inadmissible.
 (4) Public charge.--
 (A) In general.--Any alien who, in the 
 opinion of the consular officer at the time of 
 application for a visa, or in the opinion of 
 the Attorney General at the time of application 
 for admission or adjustment of status, is 
 likely at any time to become a public charge is 
 inadmissible.
 (B) Factors to be taken into account.--(i) In 
 determining whether an alien is inadmissible 
 under this paragraph, the consular officer or 
 the Attorney General shall at a minimum 
 consider the alien's--
 (I) age;
 (II) health;
 (III) family status;
 (IV) assets, resources, and financial 
 status; and
 (V) education and skills.
 (ii) In addition to the factors under clause 
 (i), the consular officer or the Attorney 
 General may also consider any affidavit of 
 support under section 213A for purposes of 
 exclusion under this paragraph.
 (C) Family-sponsored immigrants.--Any alien 
 who seeks admission or adjustment of status 
 under a visa number issued under section 
 201(b)(2) or 203(a) is inadmissible under this 
 paragraph unless--
 (i) the alien has obtained--
 (I) status as a spouse or a 
 child of a United States 
 citizen pursuant to clause 
 (ii), (iii), or (iv) of section 
 204(a)(1)(A), or
 (II) classification pursuant 
 to clause (ii) or (iii) of 
 section 204(a)(1)(B); or
 (III) classification or 
 status as a VAWA self-
 petitioner; or
 (ii) the person petitioning for the 
 alien's admission (and any additional 
 sponsor required under section 213A(f) 
 or any alternative sponsor permitted 
 under paragraph (5)(B) of such section) 
 has executed an affidavit of support 
 described in section 213A with respect 
 to such alien.
 (D) Certain employment-based immigrants.--Any 
 alien who seeks admission or adjustment of 
 status under a visa number issued under section 
 203(b) by virtue of a classification petition 
 filed by a relative of the alien (or by an 
 entity in which such relative has a significant 
 ownership interest) is inadmissible under this 
 paragraph unless such relative has executed an 
 affidavit of support described in section 213A 
 with respect to such alien.
 (E) Special rule for qualified alien 
 victims.--Subparagraphs (A), (B), and (C) shall 
 not apply to an alien who--
 (i) is a VAWA self-petitioner;
 (ii) is an applicant for, or is 
 granted, nonimmigrant status under 
 section 101(a)(15)(U); or
 (iii) is a qualified alien described 
 in section 431(c) of the Personal 
 Responsibility and Work Opportunity 
 Reconciliation Act of 1996 (8 U.S.C. 
 1641(c)).
 (5) Labor certification and qualifications for 
 certain immigrants.--
 (A) Labor certification.--
 (i) In general.--Any alien who seeks 
 to enter the United States for the 
 purpose of performing skilled or 
 unskilled labor is inadmissible, unless 
 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 an alien 
 described in clause (ii)) 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, and
 (II) the employment of such 
 alien will not adversely affect 
 the wages and working 
 conditions of workers in the 
 United States similarly 
 employed.
 (ii) Certain aliens subject to 
 special rule.--For purposes of clause 
 (i)(I), an alien described in this 
 clause is an alien who--
 (I) is a member of the 
 teaching profession, or
 (II) has exceptional ability 
 in the sciences or the arts.
 (iii) Professional athletes.--
 (I) In general.--A 
 certification made under clause 
 (i) with respect to a 
 professional athlete shall 
 remain valid with respect to 
 the athlete after the athlete 
 changes employer, if the new 
 employer is a team in the same 
 sport as the team which 
 employed the athlete when the 
 athlete first applied for the 
 certification.
 (II) Definition.--For 
 purposes of subclause (I), the 
 term ``professional athlete'' 
 means an individual who is 
 employed as an athlete by--
 (aa) a team that is a 
 member of an 
 association of 6 or 
 more professional 
 sports teams whose 
 total combined revenues 
 exceed $10,000,000 per 
 year, if the 
 association governs the 
 conduct of its members 
 and regulates the 
 contests and 
 exhibitions in which 
 its member teams 
 regularly engage; or
 (bb) any minor league 
 team that is affiliated 
 with such an 
 association.
 (iv) Long delayed adjustment 
 applicants.--A certification made under 
 clause (i) with respect to an 
 individual whose petition is covered by 
 section 204(j) shall remain valid with 
 respect to a new job accepted by the 
 individual after the individual changes 
 jobs or employers if the new job is in 
 the same or a similar occupational 
 classification as the job for which the 
 certification was issued.
 (B) Unqualified physicians.--An alien who is 
 a graduate of a medical school not accredited 
 by a body or bodies approved for the purpose by 
 the Secretary of Education (regardless of 
 whether such school of medicine is in the 
 United States) and who is coming to the United 
 States principally to perform services as a 
 member of the medical profession is 
 inadmissible, unless the alien (i) has passed 
 parts I and II of the National Board of Medical 
 Examiners Examination (or an equivalent 
 examination as determined by the Secretary of 
 Health and Human Services) and (ii) is 
 competent in oral and written English. For 
 purposes of the previous sentence, an alien who 
 is a graduate of a medical school shall be 
 considered to have passed parts I and II of the 
 National Board of Medical Examiners if the 
 alien was fully and permanently licensed to 
 practice medicine in a State on January 9, 
 1978, and was practicing medicine in a State on 
 that date.
 (C) Uncertified foreign health-care 
 workers.--Subject to subsection (r), any alien 
 who seeks to enter the United States for the 
 purpose of performing labor as a health-care 
 worker, other than a physician, is inadmissible 
 unless the alien presents to the consular 
 officer, or, in the case of an adjustment of 
 status, the Attorney General, a certificate 
 from the Commission on Graduates of Foreign 
 Nursing Schools, or a certificate from an 
 equivalent independent credentialing 
 organization approved by the Attorney General 
 in consultation with the Secretary of Health 
 and Human Services, verifying that--
 (i) the alien's education, training, 
 license, and experience--
 (I) meet all applicable 
 statutory and regulatory 
 requirements for entry into the 
 United States under the 
 classification specified in the 
 application;
 (II) are comparable with that 
 required for an American 
 health-care worker of the same 
 type; and
 (III) are authentic and, in 
 the case of a license, 
 unencumbered;
 (ii) the alien has the level of 
 competence in oral and written English 
 considered by the Secretary of Health 
 and Human Services, in consultation 
 with the Secretary of Education, to be 
 appropriate for health care work of the 
 kind in which the alien will be 
 engaged, as shown by an appropriate 
 score on one or more nationally 
 recognized, commercially available, 
 standardized assessments of the 
 applicant's ability to speak and write; 
 and
 (iii) if a majority of States 
 licensing the profession in which the 
 alien intends to work recognize a test 
 predicting the success on the 
 profession's licensing or certification 
 examination, the alien has passed such 
 a test or has passed such an 
 examination.
 For purposes of clause (ii), determination of 
 the standardized tests required and of the 
 minimum scores that are appropriate are within 
 the sole discretion of the Secretary of Health 
 and Human Services and are not subject to 
 further administrative or judicial review.
 (D) Application of grounds.--The grounds for 
 inadmissibility of aliens under subparagraphs 
 (A) and (B) shall apply to immigrants seeking 
 admission or adjustment of status under 
 paragraph (2) or (3) of section 203(b).
 (6) Illegal entrants and immigration violators.--
 (A) Aliens present without admission or 
 parole.--
 (i) In general.--An alien present in 
 the United States without being 
 admitted or paroled, or who arrives in 
 the United States at any time or place 
 other than as designated by the 
 Attorney General, is inadmissible.
 (ii) Exception for certain battered 
 women and children.--Clause (i) shall 
 not apply to an alien who demonstrates 
 that--
 (I) the alien is a VAWA self-
 petitioner;
 (II)(a) the alien has been 
 battered or subjected to 
 extreme cruelty by a spouse or 
 parent, or by a member of the 
 spouse's or parent's family 
 residing in the same household 
 as the alien and the spouse or 
 parent consented or acquiesced 
 to such battery or cruelty, or 
 (b) the alien's child has been 
 battered or subjected to 
 extreme cruelty by a spouse or 
 parent of the alien (without 
 the active participation of the 
 alien in the battery or 
 cruelty) or by a member of the 
 spouse's or parent's family 
 residing in the same household 
 as the alien when the spouse or 
 parent consented to or 
 acquiesced in such battery or 
 cruelty and the alien did not 
 actively participate in such 
 battery or cruelty, and
 (III) there was a substantial 
 connection between the battery 
 or cruelty described in 
 subclause (I) or (II) and the 
 alien's unlawful entry into the 
 United States.
 (B) Failure to attend removal proceeding.--
 Any alien who without reasonable cause fails or 
 refuses to attend or remain in attendance at a 
 proceeding to determine the alien's 
 inadmissibility or deportability and who seeks 
 admission to the United States within 5 years 
 of such alien's subsequent departure or removal 
 is inadmissible.
 (C) Misrepresentation.--
 (i) In general.--Any alien who, by 
 fraud or willfully misrepresenting a 
 material fact, seeks to procure (or has 
 sought to procure or has procured) a 
 visa, other documentation, or admission 
 into the United States or other benefit 
 provided under this Act is 
 inadmissible.
 (ii) Falsely claiming citizenship.--
 (I) In general.--Any alien 
 who falsely represents, or has 
 falsely represented, himself or 
 herself to be a citizen of the 
 United States for any purpose 
 or benefit under this Act 
 (including section 274A) or any 
 other Federal or State law is 
 inadmissible.
 (II) Exception.--In the case 
 of an alien making a 
 representation described in 
 subclause (I), if each natural 
 parent of the alien (or, in the 
 case of an adopted alien, each 
 adoptive parent of the alien) 
 is or was a citizen (whether by 
 birth or naturalization), the 
 alien permanently resided in 
 the United States prior to 
 attaining the age of 16, and 
 the alien reasonably believed 
 at the time of making such 
 representation that he or she 
 was a citizen, the alien shall 
 not be considered to be 
 inadmissible under any 
 provision of this subsection 
 based on such representation.
 (iii) Waiver authorized.--For 
 provision authorizing waiver of clause 
 (i), see subsection (i).
 (D) Stowaways.--Any alien who is a stowaway 
 is inadmissible.
 (E) Smugglers.--
 (i) In general.--Any alien who at any 
 time knowingly has encouraged, induced, 
 assisted, abetted, or aided any other 
 alien to enter or to try to enter the 
 United States in violation of law is 
 inadmissible.
 (ii) Special rule in the case of 
 family reunification.--Clause (i) shall 
 not apply in the case of alien who is 
 an eligible immigrant (as defined in 
 section 301(b)(1) of the Immigration 
 Act of 1990), was physically present in 
 the United States on May 5, 1988, and 
 is seeking admission as an immediate 
 relative or under section 203(a)(2) 
 (including under section 112 of the 
 Immigration Act of 1990) or benefits 
 under section 301(a) of the Immigration 
 Act of 1990 if the alien, before May 5, 
 1988, has encouraged, induced, 
 assisted, abetted, or aided only the 
 alien's spouse, parent, son, or 
 daughter (and no other individual) to 
 enter the United States in violation of 
 law.
 (iii) Waiver authorized.--For 
 provision authorizing waiver of clause 
 (i), see subsection (d)(11).
 (F) Subject of civil penalty.--
 (i) In general.--An alien who is the 
 subject of a final order for violation 
 of section 274C is inadmissible.
 (ii) Waiver authorized.--For 
 provision authorizing waiver of clause 
 (i), see subsection (d)(12).
 (G) Student visa abusers.--An alien who 
 obtains the status of a nonimmigrant under 
 section 101(a)(15)(F)(i) and who violates a 
 term or condition of such status under section 
 214(l) is inadmissible until the alien has been 
 outside the United States for a continuous 
 period of 5 years after the date of the 
 violation.
 (7) Documentation requirements.--
 (A) Immigrants.--
 (i) In general.--Except as otherwise 
 specifically provided in this Act, any 
 immigrant at the time of application 
 for admission--
 (I) who is not in possession 
 of a valid unexpired immigrant 
 visa, reentry permit, border 
 crossing identification card, 
 or other valid entry document 
 required by this Act, and a 
 valid unexpired passport, or 
 other suitable travel document, 
 or document of identity and 
 nationality if such document is 
 required under the regulations 
 issued by the Attorney General 
 under section 211(a), or
 (II) whose visa has been 
 issued without compliance with 
 the provisions of section 203,
 is inadmissible.
 (ii) Waiver authorized.--For 
 provision authorizing waiver of clause 
 (i), see subsection (k).
 (B) Nonimmigrants.--
 (i) In general.--Any nonimmigrant 
 who--
 (I) is not in possession of a 
 passport valid for a minimum of 
 six months from the date of the 
 expiration of the initial 
 period of the alien's admission 
 or contemplated initial period 
 of stay authorizing the alien 
 to return to the country from 
 which the alien came or to 
 proceed to and enter some other 
 country during such period, or
 (II) is not in possession of 
 a valid nonimmigrant visa or 
 border crossing identification 
 card at the time of application 
 for admission,
 is inadmissible.
 (ii) General waiver authorized.--For 
 provision authorizing waiver of clause 
 (i), see subsection (d)(4).
 (iii) Guam and northern mariana 
 islands visa waiver.--For provision 
 authorizing waiver of clause (i) in the 
 case of visitors to Guam or the 
 Commonwealth of the Northern Mariana 
 Islands, see subsection (l).
 (iv) Visa waiver program.--For 
 authority to waive the requirement of 
 clause (i) under a program, see section 
 217.
 (8) Ineligible for citizenship.--
 (A) In general.--Any immigrant who is 
 permanently ineligible to citizenship is 
 inadmissible.
 (B) Draft evaders.--Any person who has 
 departed from or who has remained outside the 
 United States to avoid or evade training or 
 service in the armed forces in time of war or a 
 period declared by the President to be a 
 national emergency is inadmissible, except that 
 this subparagraph shall not apply to an alien 
 who at the time of such departure was a 
 nonimmigrant and who is seeking to reenter the 
 United States as a nonimmigrant.
 (9) Aliens previously removed.--
 (A) Certain aliens previously removed.--
 (i) Arriving aliens.--Any alien who 
 has been ordered removed under section 
 235(b)(1) or at the end of proceedings 
 under section 240 initiated upon the 
 alien's arrival in the United States 
 and who again seeks admission within 5 
 years of the date of such removal (or 
 within 20 years in the case of a second 
 or subsequent removal or at any time in 
 the case of an alien convicted of an 
 aggravated felony) is inadmissible.
 (ii) Other aliens.--Any alien not 
 described in clause (i) who--
 (I) has been ordered removed 
 under section 240 or any other 
 provision of law, or
 (II) departed the United 
 States while an order of 
 removal was outstanding,
 and who seeks admission within 10 years 
 of the date of such alien's departure 
 or removal (or within 20 years of such 
 date in the case of a second or 
 subsequent removal or at any time in 
 the case of an alien convicted of an 
 aggravated felony) is inadmissible.
 (iii) Exception.--Clauses (i) and 
 (ii) shall not apply to an alien 
 seeking admission within a period if, 
 prior to the date of the alien's 
 reembarkation at a place outside the 
 United States or attempt to be admitted 
 from foreign contiguous territory, the 
 Attorney General has consented to the 
 alien's reapplying for admission.
 (B) Aliens unlawfully present.--
 (i) In general.--Any alien (other 
 than an alien lawfully admitted for 
 permanent residence) who--
 (I) was unlawfully present in 
 the United States for a period 
 of more than 180 days but less 
 than 1 year, voluntarily 
 departed the United States 
 (whether or not pursuant to 
 section 244(e)) prior to the 
 commencement of proceedings 
 under section 235(b)(1) or 
 section 240, and again seeks 
 admission within 3 years of the 
 date of such alien's departure 
 or removal, or
 (II) has been unlawfully 
 present in the United States 
 for one year or more, and who 
 again seeks admission within 10 
 years of the date of such 
 alien's departure or removal 
 from the United States,
 is inadmissible.
 (ii) Construction of unlawful 
 presence.--For purposes of this 
 paragraph, an alien is deemed to be 
 unlawfully present in the United States 
 if the alien is present in the United 
 States after the expiration of the 
 period of stay authorized by the 
 Attorney General or is present in the 
 United States without being admitted or 
 paroled.
 (iii) Exceptions.--
 (I) Minors.--No period of 
 time in which an alien is under 
 18 years of age shall be taken 
 into account in determining the 
 period of unlawful presence in 
 the United States under clause 
 (i).
 (II) Asylees.--No period of 
 time in which an alien has a 
 bona fide application for 
 asylum pending under section 
 208 shall be taken into account 
 in determining the period of 
 unlawful presence in the United 
 States under clause (i) unless 
 the alien during such period 
 was employed without 
 authorization in the United 
 States.
 (III) Family unity.--No 
 period of time in which the 
 alien is a beneficiary of 
 family unity protection 
 pursuant to section 301 of the 
 Immigration Act of 1990 shall 
 be taken into account in 
 determining the period of 
 unlawful presence in the United 
 States under clause (i).
 (IV) Battered women and 
 children.--Clause (i) shall not 
 apply to an alien who would be 
 described in paragraph 
 (6)(A)(ii) if ``violation of 
 the terms of the alien's 
 nonimmigrant visa'' were 
 substituted for ``unlawful 
 entry into the United States'' 
 in subclause (III) of that 
 paragraph.
 (V) Victims of a severe form of trafficking 
 in persons.--Clause (i) shall not apply to an 
 alien who demonstrates that the severe form of 
 trafficking (as that term is defined in section 
 103 of the Trafficking Victims Protection Act 
 of 2000 (22 U.S.C. 7102)) was at least one 
 central reason for the alien's unlawful 
 presence in the United States.
 (iv) Tolling for good cause.--In the 
 case of an alien who--
 (I) has been lawfully 
 admitted or paroled into the 
 United States,
 (II) has filed a nonfrivolous 
 application for a change or 
 extension of status before the 
 date of expiration of the 
 period of stay authorized by 
 the Attorney General, and
 (III) has not been employed 
 without authorization in the 
 United States before or during 
 the pendency of such 
 application,
 the calculation of the period of time 
 specified in clause (i)(I) shall be 
 tolled during the pendency of such 
 application, but not to exceed 120 
 days.
 (v) Waiver.--The Attorney General has 
 sole discretion to waive clause (i) in 
 the case of an immigrant who is the 
 spouse or son or daughter of a United 
 States citizen or of an alien lawfully 
 admitted for permanent residence, if it 
 is established to the satisfaction of 
 the Attorney General that the refusal 
 of admission to such immigrant alien 
 would result in extreme hardship to the 
 citizen or lawfully resident spouse or 
 parent of such alien. No court shall 
 have jurisdiction to review a decision 
 or action by the Attorney General 
 regarding a waiver under this clause.
 (C) Aliens unlawfully present after previous 
 immigration violations.--
 (i) In general.--Any alien who--
 (I) has been unlawfully 
 present in the United States 
 for an aggregate period of more 
 than 1 year, or
 (II) has been ordered removed 
 under section 235(b)(1), 
 section 240, or any other 
 provision of law,
 and who enters or attempts to reenter 
 the United States without being 
 admitted is inadmissible.
 (ii) Exception.--Clause (i) shall not 
 apply to an alien seeking admission 
 more than 10 years after the date of 
 the alien's last departure from the 
 United States if, prior to the alien's 
 reembarkation at a place outside the 
 United States or attempt to be 
 readmitted from a foreign contiguous 
 territory, the Secretary of Homeland 
 Security has consented to the alien's 
 reapplying for admission.
 (iii) Waiver.--The Secretary of 
 Homeland Security may waive the 
 application of clause (i) in the case 
 of an alien who is a VAWA self-
 petitioner if there is a connection 
 between--
 (I) the alien's battering or 
 subjection to extreme cruelty; 
 and
 (II) the alien's removal, 
 departure from the United 
 States, reentry or reentries 
 into the United States; or 
 attempted reentry into the 
 United States.
 (10) Miscellaneous.--
 (A) Practicing polygamists.--Any immigrant 
 who is coming to the United States to practice 
 polygamy is inadmissible.
 (B) Guardian required to accompany helpless 
 alien.--Any alien--
 (i) who is accompanying another alien 
 who is inadmissible and who is 
 certified to be helpless from sickness, 
 mental or physical disability, or 
 infancy pursuant to section 232(c), and
 (ii) whose protection or guardianship 
 is determined to be required by the 
 alien described in clause (i),
 is inadmissible.
 (C) International child abduction.--
 (i) In general.--Except as provided 
 in clause (ii), any alien who, after 
 entry of an order by a court in the 
 United States granting custody to a 
 person of a United States citizen child 
 who detains or retains the child, or 
 withholds custody of the child, outside 
 the United States from the person 
 granted custody by that order, is 
 inadmissible until the child is 
 surrendered to the person granted 
 custody by that order.
 (ii) Aliens supporting abductors and 
 relatives of abductors.--Any alien 
 who--
 (I) is known by the Secretary 
 of State to have intentionally 
 assisted an alien in the 
 conduct described in clause 
 (i),
 (II) is known by the 
 Secretary of State to be 
 intentionally providing 
 material support or safe haven 
 to an alien described in clause 
 (i), or
 (III) is a spouse (other than 
 the spouse who is the parent of 
 the abducted child), child 
 (other than the abducted 
 child), parent, sibling, or 
 agent of an alien described in 
 clause (i), if such person has 
 been designated by the 
 Secretary of State at the 
 Secretary's sole and 
 unreviewable discretion, is 
 inadmissible until the child 
 described in clause (i) is 
 surrendered to the person 
 granted custody by the order 
 described in that clause, and 
 such person and child are 
 permitted to return to the 
 United States or such person's 
 place of residence.
 (iii) Exceptions.--Clauses (i) and 
 (ii) shall not apply--
 (I) to a government official 
 of the United States who is 
 acting within the scope of his 
 or her official duties;
 (II) to a government official 
 of any foreign government if 
 the official has been 
 designated by the Secretary of 
 State at the Secretary's sole 
 and unreviewable discretion; or
 (III) so long as the child is 
 located in a foreign state that 
 is a party to the Convention on 
 the Civil Aspects of 
 International Child Abduction, 
 done at The Hague on October 
 25, 1980.
 (D) Unlawful voters.--
 (i) In general.--Any alien who has 
 voted in violation of any Federal, 
 State, or local constitutional 
 provision, statute, ordinance, or 
 regulation is inadmissible.
 (ii) Exception.--In the case of an 
 alien who voted in a Federal, State, or 
 local election (including an 
 initiative, recall, or referendum) in 
 violation of a lawful restriction of 
 voting to citizens, if each natural 
 parent of the alien (or, in the case of 
 an adopted alien, each adoptive parent 
 of the alien) is or was a citizen 
 (whether by birth or naturalization), 
 the alien permanently resided in the 
 United States prior to attaining the 
 age of 16, and the alien reasonably 
 believed at the time of such violation 
 that he or she was a citizen, the alien 
 shall not be considered to be 
 inadmissible under any provision of 
 this subsection based on such 
 violation.
 (E) Former citizens who renounced citizenship 
 to avoid taxation.--Any alien who is a former 
 citizen of the United States who officially 
 renounces United States citizenship and who is 
 determined by the Attorney General to have 
 renounced United States citizenship for the 
 purpose of avoiding taxation by the United 
 States is inadmissible.
 (b) Notices of Denials.--
 (1) Subject to paragraphs (2) and (3), if an alien's 
 application for a visa, for admission to the United 
 States, or for adjustment of status is denied by an 
 immigration or consular officer because the officer 
 determines the alien to be inadmissible under 
 subsection (a), the officer shall provide the alien 
 with a timely written notice that--
 (A) states the determination, and
 (B) lists the specific provision or 
 provisions of law under which the alien is 
 excludable or ineligible for entry or 
 adjustment of status.
 (2) The Secretary of State may waive the requirements 
 of paragraph (1) with respect to a particular alien or 
 any class or classes of inadmissible aliens.
 (3) Paragraph (1) does not apply to any alien 
 inadmissible under paragraph (2) or (3) of subsection 
 (a).
 (d)(1) The Attorney General shall determine whether a ground 
for inadmissible exists with respect to a nonimmigrant 
described in section 101(a)(15)(S). The Attorney General, in 
the Attorney General's discretion, may waive the application of 
subsection (a) (other than paragraph (3)(E)) in the case of a 
nonimmigrant described in section 101(a)(15)(S), if the 
Attorney General considers it to be in the national interest to 
do so. Nothing in this section shall be regarded as prohibiting 
the Immigration and Naturalization Service from instituting 
removal proceedings against an alien admitted as a nonimmigrant 
under section 101(a)(15)(S) for conduct committed after the 
alien's admission into the United States, or for conduct or a 
condition that was not disclosed to the Attorney General prior 
to the alien's admission as a nonimmigrant under section 
101(a)(15)(S).
 (3)(A) Except as provided in this subsection, an alien (i) 
who is applying for a nonimmigrant visa and is known or 
believed by the consular officer to be ineligible for such visa 
under subsection (a) (other than paragraphs (3)(A)(i)(I), 
(3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of 
paragraph (3)(E) of such subsection), may, after approval by 
the Attorney General of a recommendation by the Secretary of 
State or by the consular officer that the alien be admitted 
temporarily despite his inadmissibility, be granted such a visa 
and may be admitted into the United States temporarily as a 
nonimmigrant in the discretion of the Attorney General, or (ii) 
who is inadmissible under subsection (a) (other than paragraphs 
(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) 
and (ii) of paragraph (3)(E) of such subsection), but who is in 
possession of appropriate documents or is granted a waiver 
thereof and is seeking admission, may be admitted into the 
United States temporarily as a nonimmigrant in the discretion 
of the Attorney General. The Attorney General shall prescribe 
conditions, including exaction of such bonds as may be 
necessary, to control and regulate the admission and return of 
inadmissible aliens applying for temporary admission under this 
paragraph.
 (B)(i) The Secretary of State, after consultation with the 
Attorney General and the Secretary of Homeland Security, or the 
Secretary of Homeland Security, after consultation with the 
Secretary of State and the Attorney General, may determine in 
such Secretary's sole unreviewable discretion that subsection 
(a)(3)(B) shall not apply with respect to an alien within the 
scope of that subsection or that subsection (a)(3)(B)(vi)(III) 
shall not apply to a group within the scope of that subsection, 
except that no such waiver may be extended to an alien who is 
within the scope of subsection (a)(3)(B)(i)(II), no such waiver 
may be extended to an alien who is a member or representative 
of, has voluntarily and knowingly engaged in or endorsed or 
espoused or persuaded others to endorse or espouse or support 
terrorist activity on behalf of, or has voluntarily and 
knowingly received military-type training from a terrorist 
organization that is described in subclause (I) or (II) of 
subsection (a)(3)(B)(vi), and no such waiver may be extended to 
a group that has engaged terrorist activity against the United 
States or another democratic country or that has purposefully 
engaged in a pattern or practice of terrorist activity that is 
directed at civilians. Such a determination shall neither 
prejudice the ability of the United States Government to 
commence criminal or civil proceedings involving a beneficiary 
of such a determination or any other person, nor create any 
substantive or procedural right or benefit for a beneficiary of 
such a determination or any other person. Notwithstanding any 
other provision of law (statutory or nonstatutory), including 
section 2241 of title 28, or any other habeas corpus provision, 
and sections 1361 and 1651 of such title, no court shall have 
jurisdiction to review such a determination or revocation 
except in a proceeding for review of a final order of removal 
pursuant to section 1252 of this title, and review shall be 
limited to the extent provided in section 1252(a)(2)(D). The 
Secretary of State may not exercise the discretion provided in 
this clause with respect to an alien at any time during which 
the alien is the subject of pending removal proceedings under 
section 1229a of this title.
 (ii) Not later than 90 days after the end of each fiscal 
year, the Secretary of State and the Secretary of Homeland 
Security shall each provide to the Committees on the Judiciary 
of the House of Representatives and of the Senate, the 
Committee on International Relations of the House of 
Representatives, the Committee on Foreign Relations of the 
Senate, and the Committee on Homeland Security of the House of 
Representatives a report on the aliens to whom such Secretary 
has applied clause (i). Within one week of applying clause (i) 
to a group, the Secretary of State or the Secretary of Homeland 
Security shall provide a report to such Committees.
 (4) Either or both of the requirements of paragraph (7)(B)(i) 
of subsection (a) may be waived by the Attorney General and the 
Secretary of State acting jointly (A) on the basis of 
unforeseen emergency in individual cases, or (B) on the basis 
of reciprocity with respect to nationals of foreign contiguous 
territory or of adjacent islands and residents thereof having a 
common nationality with such nationals, or (C) in the case of 
aliens proceeding in immediate and continuous transit through 
the United States under contracts authorized in section 238(c).
 (5)(A) The Secretary of Homeland Security may, except as 
provided in subparagraph (B) or in section 214(f), in his 
discretion parole into the United States temporarily under such 
conditions as he may prescribe only on a case-by-case basis for 
urgent humanitarian reasons or significant public benefit any 
alien applying for admission to the United States, but such 
parole of such alien shall not be regarded as an admission of 
the alien and when the purposes of such parole shall, in the 
opinion of the Secretary of Homeland Security, have been served 
the alien shall forthwith return or be returned to the custody 
from which he was paroled and thereafter his case shall 
continue to be dealt with in the same manner as that of any 
other applicant for admission to the United States.
 (B) The Secretary of Homeland Security may not parole into 
the United States an alien who is a refugee unless the 
Secretary of Homeland Security determines that compelling 
reasons in the public interest with respect to that particular 
alien require that the alien be paroled into the United States 
rather than be admitted as a refugee under section 207.
 (C) The attorney general of a State, or other authorized 
State officer, alleging a violation of the limitation under 
subparagraph (A) that parole solely be granted on a case-by-
case basis and solely for urgent humanitarian reasons or a 
significant public benefit, that harms such State or its 
residents shall have standing to bring an action against the 
Secretary of Homeland Security on behalf of such State or the 
residents of such State in an appropriate district court of the 
United States to obtain appropriate injunctive relief. The 
court shall advance on the docket and expedite the disposition 
of a civil action filed under this subparagraph to the greatest 
extent practicable. For purposes of this subparagraph, a State 
or its residents shall be considered to have been harmed if the 
State or its residents experience harm, including financial 
harm in excess of $100.
 (7) The provisions of subsection (a) (other than paragraph 
(7)) shall be applicable to any alien who shall leave Guam, the 
Commonwealth of the Northern Mariana Islands, Puerto Rico, or 
the Virgin Islands of the United States, and who seeks to enter 
the continental United States or any other place under the 
jurisdiction of the United States. Any alien described in this 
paragraph, who is denied admission to the United States, shall 
be immediately removed in the manner provided by section 241(c) 
of this Act.
 (8) Upon a basis of reciprocity accredited officials of 
foreign governments, their immediate families, attendants, 
servants, and personal employees may be admitted in immediate 
and continuous transit through the United States without regard 
to the provisions of this section except paragraphs (3)(A), 
(3)(B), (3)(C), and (7)(B) of subsection (a) of this section.
 (11) The Attorney General may, in his discretion for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest, waive application of clause 
(i) of subsection (a)(6)(E) in the case of any alien lawfully 
admitted for permanent residence who temporarily proceeded 
abroad voluntarily and not under an order of removal, and who 
is otherwise admissible to the United States as a returning 
resident under section 211(b) and in the case of an alien 
seeking admission or adjustment of status as an immediate 
relative or immigrant under section 203(a) (other than 
paragraph (4) thereof), if the alien has encouraged, induced, 
assisted, abetted, or aided only an individual who at the time 
of such action was the alien's spouse, parent, son, or daughter 
(and no other individual) to enter the United States in 
violation of law.
 (12) The Attorney General may, in the discretion of the 
Attorney General for humanitarian purposes or to assure family 
unity, waive application of clause (i) of subsection 
(a)(6)(F)--
 (A) in the case of an alien lawfully admitted for 
 permanent residence who temporarily proceeded abroad 
 voluntarily and not under an order of deportation or 
 removal and who is otherwise admissible to the United 
 States as a returning resident under section 211(b), 
 and
 (B) in the case of an alien seeking admission or 
 adjustment of status under section 201(b)(2)(A) or 
 under section 203(a),
if no previous civil money penalty was imposed against the 
alien under section 274C and the offense was committed solely 
to assist, aid, or support the alien's spouse or child (and not 
another individual). No court shall have jurisdiction to review 
a decision of the Attorney General to grant or deny a waiver 
under this paragraph.
 (13)(A) The Secretary of Homeland Security shall determine 
whether a ground for inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(T), except that 
the ground for inadmissibility described in subsection (a)(4) 
shall not apply with respect to such a nonimmigrant.
 (B) In addition to any other waiver that may be available 
under this section, in the case of a nonimmigrant described in 
section 101(a)(15)(T), if the Secretary of Homeland Security 
considers it to be in the national interest to do so, the 
Secretary of Homeland Security, in the Attorney General's 
discretion, may waive the application of--
 (i) subsection (a)(1); and
 (ii) any other provision of subsection (a) (excluding 
 paragraphs (3), (4), (10)(C), and (10(E)) if the 
 activities rendering the alien inadmissible under the 
 provision were caused by, or were incident to, the 
 victimization described in section 101(a)(15)(T)(i)(I).
 (14) The Secretary of Homeland Security shall determine 
whether a ground of inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(U). The Secretary 
of Homeland Security, in the Attorney General's discretion, may 
waive the application of subsection (a) (other than paragraph 
(3)(E)) in the case of a nonimmigrant described in section 
101(a)(15)(U), if the Secretary of Homeland Security considers 
it to be in the public or national interest to do so.
 (e) No person admitted under section 101(a)(15)(J) or 
acquiring such status after admission (i) whose participation 
in the program for which he came to the United States was 
financed in whole or in part, directly or indirectly, by an 
agency of the Government of the United States or by the 
government of the country of his nationality or his last 
residence, (ii) who at the time of admission or acquisition of 
status under section 101(a)(15)(J) was a national or resident 
of a country which the Director of the United States 
Information Agency pursuant to regulations prescribed by him, 
had designated as clearly requiring the services of persons 
engaged in the field of specialized knowledge or skill in which 
the alien was engaged, or (iii) who came to the United States 
or acquired such status in order to receive graduate medical 
education or training, shall be eligible to apply for an 
immigrant visa, or for permanent residence, or for a 
nonimmigrant visa under section 101(a)(15)(H) or section 
101(a)(15)(L) until it is established that such person has 
resided and been physically present in the country of his 
nationality or his last residence for an aggregate of a least 
two years following departure from the United States: Provided, 
That upon the favorable recommendation of the Director, 
pursuant to the request of an interested United States 
Government agency (or, in the case of an alien described in 
clause (iii), pursuant to the request of a State Department of 
Public Health, or its equivalent), or of the Commissioner of 
Immigration and Naturalization after he has determined that 
departure from the United States would impose exceptional 
hardship upon the alien's spouse or child (if such spouse or 
child is a citizen of the United States or a lawfully resident 
alien), or that the alien cannot return to the country of his 
nationality or last residence because he would be subject to 
persecution on account of race, religion, or political opinion, 
the Attorney General may waive the requirement of such two-year 
foreign residence abroad in the case of any alien whose 
admission to the United States is found by the Attorney General 
to be in the public interest except that in the case of a 
waiver requested by a State Department of Public Health, or its 
equivalent, or in the case of a waiver requested by an 
interested United States Government agency on behalf of an 
alien described in clause (iii), the waiver shall be subject to 
the requirements of section 214(l): And provided further, That, 
except in the case of an alien described in clause (iii), the 
Attorney General may, upon the favorable recommendation of the 
Director, waive such two-year foreign residence requirement in 
any case in which the foreign country of the alien's 
nationality or last residence has furnished the Director a 
statement in writing that it has no objection to such waiver in 
the case of such alien.
 (f) Whenever the President finds that the entry of any aliens 
or of any class of aliens into the United States would be 
detrimental to the interests of the United States, he may by 
proclamation, and for such period as he shall deem necessary, 
suspend the entry of all aliens or any class of aliens as 
immigrants or nonimmigrants, or impose on the entry of aliens 
any restrictions he may deem to be appropriate. Whenever the 
Attorney General finds that a commercial airline has failed to 
comply with regulations of the Attorney General relating to 
requirements of airlines for the detection of fraudulent 
documents used by passengers traveling to the United States 
(including the training of personnel in such detection), the 
Attorney General may suspend the entry of some or all aliens 
transported to the United States by such airline.
 (g) The Attorney General may waive the application of--
 (1) subsection (a)(1)(A)(i) in the case of any alien 
 who--
 (A) is the spouse or the unmarried son or 
 daughter, or the minor unmarried lawfully 
 adopted child, of a United States citizen, or 
 of an alien lawfully admitted for permanent 
 residence, or of an alien who has been issued 
 an immigrant visa,
 (B) has a son or daughter who is a United 
 States citizen, or an alien lawfully admitted 
 for permanent residence, or an alien who has 
 been issued an immigrant visa; or
 (C) is a VAWA self-petitioner,
 in accordance with such terms, conditions, and 
 controls, if any, including the giving of bond, as the 
 Attorney General, in the discretion of the Attorney 
 General after consultation with the Secretary of Health 
 and Human Services, may by regulation prescribe;
 (2) subsection (a)(1)(A)(ii) in the case of any 
 alien--
 (A) who receives vaccination against the 
 vaccine-preventable disease or diseases for 
 which the alien has failed to present 
 documentation of previous vaccination,
 (B) for whom a civil surgeon, medical 
 officer, or panel physician (as those terms are 
 defined by section 34.2 of title 42 of the Code 
 of Federal Regulations) certifies, according to 
 such regulations as the Secretary of Health and 
 Human Services may prescribe, that such 
 vaccination would not be medically appropriate, 
 or
 (C) under such circumstances as the Attorney 
 General provides by regulation, with respect to 
 whom the requirement of such a vaccination 
 would be contrary to the alien's religious 
 beliefs or moral convictions; or
 (3) subsection (a)(1)(A)(iii) in the case of any 
 alien, in accordance with such terms, conditions, and 
 controls, if any, including the giving of bond, as the 
 Attorney General, in the discretion of the Attorney 
 General after consultation with the Secretary of Health 
 and Human Services, may by regulation prescribe.
 (h) The Attorney General may, in his discretion, waive the 
application of subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2) and subparagraph (A)(i)(II) of such 
subsection insofar as it relates to a single offense of simple 
possession of 30 grams or less of marijuana if--
 (1)(A) in the case of any immigrant it is established 
 to the satisfaction of the Attorney General that--
 (i) the alien is inadmissible only under 
 subparagraph (D)(i) or (D)(ii) of such 
 subsection or the activities for which the 
 alien is inadmissible occurred more than 15 
 years before the date of the alien's 
 application for a visa, admission, or 
 adjustment of status,
 (ii) the admission to the United States of 
 such alien would not be contrary to the 
 national welfare, safety, or security of the 
 United States, and
 (iii) the alien has been rehabilitated; or
 (B) in the case of an immigrant who is the spouse, 
 parent, son, or daughter of a citizen of the United 
 States or an alien lawfully admitted for permanent 
 residence if it is established to the satisfaction of 
 the Attorney General that the alien's denial of 
 admission would result in extreme hardship to the 
 United States citizen or lawfully resident spouse, 
 parent, son, or daughter of such alien; or
 (C) the alien is a VAWA self-petitioner; and
 (2) the Attorney General, in his discretion, and 
 pursuant to such terms, conditions and procedures as he 
 may by regulations prescribe, has consented to the 
 alien's applying or reapplying for a visa, for 
 admission to the United States, or adjustment of 
 status.
No waiver shall be provided under this subsection in the case 
of an alien who has been convicted of (or who has admitted 
committing acts that constitute) murder or criminal acts 
involving torture, or an attempt or conspiracy to commit murder 
or a criminal act involving torture. No waiver shall be granted 
under this subsection in the case of an alien who has 
previously been admitted to the United States as an alien 
lawfully admitted for permanent residence if either since the 
date of such admission the alien has been convicted of an 
aggravated felony or the alien has not lawfully resided 
continuously in the United States for a period of not less than 
7 years immediately preceding the date of initiation of 
proceedings to remove the alien from the United States. No 
court shall have jurisdiction to review a decision of the 
Attorney General to grant or deny a waiver under this 
subsection.
 (i)(1) The Attorney General may, in the discretion of the 
Attorney General, waive the application of clause (i) of 
subsection (a)(6)(C) in the case of an immigrant who is the 
spouse, son, or daughter of a United States citizen or of an 
alien lawfully admitted for permanent residence if it is 
established to the satisfaction of the Attorney General that 
the refusal of admission to the United States of such immigrant 
alien would result in extreme hardship to the citizen or 
lawfully resident spouse or parent of such an alien or, in the 
case of a VAWA self-petitioner, the alien demonstrates extreme 
hardship to the alien or the alien's United States citizen, 
lawful permanent resident, or qualified alien parent or child.
 (2) No court shall have jurisdiction to review a decision or 
action of the Attorney General regarding a waiver under 
paragraph (1).
 (j)(1) The additional requirements referred to in section 
101(a)(15)(J) for an alien who is coming to the United States 
under a program under which he will receive graduate medical 
education or training are as follows:
 (A) A school of medicine or of one of the other 
 health professions, which is accredited by a body or 
 bodies approved for the purpose by the Secretary of 
 Education, has agreed in writing to provide the 
 graduate medical education or training under the 
 program for which the alien is coming to the United 
 States or to assume responsibility for arranging for 
 the provision thereof by an appropriate public or 
 nonprofit private institution or agency, except that, 
 in the case of such an agreement by a school of 
 medicine, any one or more of its affiliated hospitals 
 which are to participate in the provision of the 
 graduate medical education or training must join in the 
 agreement.
 (B) Before making such agreement, the accredited 
 school has been satisfied that the alien (i) is a 
 graduate of a school of medicine which is accredited by 
 a body or bodies approved for the purpose by the 
 Secretary of Education (regardless of whether such 
 school of medicine is in the United States); or (ii)(I) 
 has passed parts I and II of the National Board of 
 Medical Examiners Examination (or an equivalent 
 examination as determined by the Secretary of Health 
 and Human Services), (II) has competency in oral and 
 written English, (III) will be able to adapt to the 
 educational and cultural environment in which he will 
 be receiving his education or training, and (IV) has 
 adequate prior education and training to participate 
 satisfactorily in the program for which he is coming to 
 the United States. For the purposes of this 
 subparagraph, an alien who is a graduate of a medical 
 school shall be considered to have passed parts I and 
 II of the National Board of Medical Examiners 
 examination if the alien was fully and permanently 
 licensed to practice medicine in a State on January 9, 
 1978, and was practicing medicine in a State on that 
 date.
 (C) The alien has made a commitment to return to the 
 country of his nationality or last residence upon 
 completion of the education or training for which he is 
 coming to the United States, and the government of the 
 country of his nationality or last residence has 
 provided a written assurance, satisfactory to the 
 Secretary of Health and Human Services, that there is a 
 need in that country for persons with the skills the 
 alien will acquire in such education or training.
 (D) The duration of the alien's participation in the 
 program of graduate medical education or training for 
 which the alien is coming to the United States is 
 limited to the time typically required to complete such 
 program, as determined by the Director of the United 
 States Information Agency at the time of the alien's 
 admission into the United States, based on criteria 
 which are established in coordination with the 
 Secretary of Health and Human Services and which take 
 into consideration the published requirements of the 
 medical specialty board which administers such 
 education or training program; except that--
 (i) such duration is further limited to seven 
 years unless the alien has demonstrated to the 
 satisfaction of the Director that the country 
 to which the alien will return at the end of 
 such specialty education or training has an 
 exceptional need for an individual trained in 
 such specialty, and
 (ii) the alien may, once and not later than 
 two years after the date the alien is admitted 
 to the United States as an exchange visitor or 
 acquires exchange visitor status, change the 
 alien's designated program of graduate medical 
 education or training if the Director approves 
 the change and if a commitment and written 
 assurance with respect to the alien's new 
 program have been provided in accordance with 
 subparagraph (C).
 (E) The alien furnishes the Attorney General each 
 year with an affidavit (in such form as the Attorney 
 General shall prescribe) that attests that the alien 
 (i) is in good standing in the program of graduate 
 medical education or training in which the alien is 
 participating, and (ii) will return to the country of 
 his nationality or last residence upon completion of 
 the education or training for which he came to the 
 United States.
 (2) An alien who is a graduate of a medical school and who is 
coming to the United States to perform services as a member of 
the medical profession may not be admitted as a nonimmigrant 
under section 101(a)(15)(H)(i)(b) unless--
 (A) the alien is coming pursuant to an invitation 
 from a public or nonprofit private educational or 
 research institution or agency in the United States to 
 teach or conduct research, or both, at or for such 
 institution or agency, or
 (B)(i) the alien has passed the Federation licensing 
 examination (administered by the Federation of State 
 Medical Boards of the United States) or an equivalent 
 examination as determined by the Secretary of Health 
 and Human Services, and
 (ii)(I) has competency in oral and written English or 
 (II) is a graduate of a school of medicine which is 
 accredited by a body or bodies approved for the purpose 
 by the Secretary of Education (regardless of whether 
 such school of medicine is in the United States).
 (3) The Director of the United States Information Agency 
annually shall transmit to the Congress a report on aliens who 
have submitted affidavits described in paragraph (1)(E), and 
shall include in such report the name and address of each such 
alien, the medical education or training program in which such 
alien is participating, and the status of such alien in that 
program.
 (k) Any alien, inadmissible from the United States under 
paragraph (5)(A) or (7)(A)(i) of subsection (a), who is in 
possession of an immigrant visa may, if otherwise admissible, 
be admitted in the discretion of the Attorney General if the 
Attorney General is satisfied that inadmissibility was not 
known to, and could not have been ascertained by the exercise 
of reasonable diligence by, the immigrant before the time of 
departure of the vessel or aircraft from the last port outside 
the United States and outside foreign contiguous territory or, 
in the case of an immigrant coming from foreign contiguous 
territory, before the time of the immigrant's application for 
admission.
 (l) Guam and Northern Mariana Islands Visa Waiver Program.--
 (1) In general.--The requirement of subsection 
 (a)(7)(B)(i) may be waived by the Secretary of Homeland 
 Security, in the case of an alien applying for 
 admission as a nonimmigrant visitor for business or 
 pleasure and solely for entry into and stay in Guam or 
 the Commonwealth of the Northern Mariana Islands for a 
 period not to exceed 45 days, if the Secretary of 
 Homeland Security, after consultation with the 
 Secretary of the Interior, the Secretary of State, the 
 Governor of Guam and the Governor of the Commonwealth 
 of the Northern Mariana Islands, determines that--
 (A) an adequate arrival and departure control 
 system has been developed in Guam and the 
 Commonwealth of the Northern Mariana Islands; 
 and
 (B) such a waiver does not represent a threat 
 to the welfare, safety, or security of the 
 United States or its territories and 
 commonwealths.
 (2) Alien waiver of rights.--An alien may not be 
 provided a waiver under this subsection unless the 
 alien has waived any right--
 (A) to review or appeal under this Act an 
 immigration officer's determination as to the 
 admissibility of the alien at the port of entry 
 into Guam or the Commonwealth of the Northern 
 Mariana Islands; or
 (B) to contest, other than on the basis of an 
 application for withholding of removal under 
 section 241(b)(3) of this Act or under the 
 Convention Against Torture, or an application 
 for asylum if permitted under section 208, any 
 action for removal of the alien.
 (3) Regulations.--All necessary regulations to 
 implement this subsection shall be promulgated by the 
 Secretary of Homeland Security, in consultation with 
 the Secretary of the Interior and the Secretary of 
 State, on or before the 180th day after the date of 
 enactment of the Consolidated Natural Resources Act of 
 2008. The promulgation of such regulations shall be 
 considered a foreign affairs function for purposes of 
 section 553(a) of title 5, United States Code. At a 
 minimum, such regulations should include, but not 
 necessarily be limited to--
 (A) a listing of all countries whose 
 nationals may obtain the waiver also provided 
 by this subsection, except that such 
 regulations shall provide for a listing of any 
 country from which the Commonwealth has 
 received a significant economic benefit from 
 the number of visitors for pleasure within the 
 one-year period preceding the date of enactment 
 of the Consolidated Natural Resources Act of 
 2008, unless the Secretary of Homeland Security 
 determines that such country's inclusion on 
 such list would represent a threat to the 
 welfare, safety, or security of the United 
 States or its territories; and
 (B) any bonding requirements for nationals of 
 some or all of those countries who may present 
 an increased risk of overstays or other 
 potential problems, if different from such 
 requirements otherwise provided by law for 
 nonimmigrant visitors.
 (4) Factors.--In determining whether to grant or 
 continue providing the waiver under this subsection to 
 nationals of any country, the Secretary of Homeland 
 Security, in consultation with the Secretary of the 
 Interior and the Secretary of State, shall consider all 
 factors that the Secretary deems relevant, including 
 electronic travel authorizations, procedures for 
 reporting lost and stolen passports, repatriation of 
 aliens, rates of refusal for nonimmigrant visitor 
 visas, overstays, exit systems, and information 
 exchange.
 (5) Suspension.--The Secretary of Homeland Security 
 shall monitor the admission of nonimmigrant visitors to 
 Guam and the Commonwealth of the Northern Mariana 
 Islands under this subsection. If the Secretary 
 determines that such admissions have resulted in an 
 unacceptable number of visitors from a country 
 remaining unlawfully in Guam or the Commonwealth of the 
 Northern Mariana Islands, unlawfully obtaining entry to 
 other parts of the United States, or seeking 
 withholding of removal or asylum, or that visitors from 
 a country pose a risk to law enforcement or security 
 interests of Guam or the Commonwealth of the Northern 
 Mariana Islands or of the United States (including the 
 interest in the enforcement of the immigration laws of 
 the United States), the Secretary shall suspend the 
 admission of nationals of such country under this 
 subsection. The Secretary of Homeland Security may in 
 the Secretary's discretion suspend the Guam and 
 Northern Mariana Islands visa waiver program at any 
 time, on a country-by-country basis, for other good 
 cause.
 (6) Addition of countries.--The Governor of Guam and 
 the Governor of the Commonwealth of the Northern 
 Mariana Islands may request the Secretary of the 
 Interior and the Secretary of Homeland Security to add 
 a particular country to the list of countries whose 
 nationals may obtain the waiver provided by this 
 subsection, and the Secretary of Homeland Security may 
 grant such request after consultation with the 
 Secretary of the Interior and the Secretary of State, 
 and may promulgate regulations with respect to the 
 inclusion of that country and any special requirements 
 the Secretary of Homeland Security, in the Secretary's 
 sole discretion, may impose prior to allowing nationals 
 of that country to obtain the waiver provided by this 
 subsection.
 (m)(1) The qualifications referred to in section 
101(a)(15)(H)(i)(c), with respect to an alien who is coming to 
the United States to perform nursing services for a facility, 
are that the alien--
 (A) has obtained a full and unrestricted license to 
 practice professional nursing in the country where the 
 alien obtained nursing education or has received 
 nursing education in the United States;
 (B) has passed an appropriate examination (recognized 
 in regulations promulgated in consultation with the 
 Secretary of Health and Human Services) or has a full 
 and unrestricted license under State law to practice 
 professional nursing in the State of intended 
 employment; and
 (C) is fully qualified and eligible under the laws 
 (including such temporary or interim licensing 
 requirements which authorize the nurse to be employed) 
 governing the place of intended employment to engage in 
 the practice of professional nursing as a registered 
 nurse immediately upon admission to the United States 
 and is authorized under such laws to be employed by the 
 facility.
 (2)(A) The attestation referred to in section 
101(a)(15)(H)(i)(c), with respect to a facility for which an 
alien will perform services, is an attestation as to the 
following:
 (i) The facility meets all the requirements of 
 paragraph (6).
 (ii) The employment of the alien will not adversely 
 affect the wages and working conditions of registered 
 nurses similarly employed.
 (iii) The alien employed by the facility will be paid 
 the wage rate for registered nurses similarly employed 
 by the facility.
 (iv) The facility has taken and is taking timely and 
 significant steps designed to recruit and retain 
 sufficient registered nurses who are United States 
 citizens or immigrants who are authorized to perform 
 nursing services, in order to remove as quickly as 
 reasonably possible the dependence of the facility on 
 nonimmigrant registered nurses.
 (v) There is not a strike or lockout in the course of 
 a labor dispute, the facility did not lay off and will 
 not lay off a registered nurse employed by the facility 
 within the period beginning 90 days before and ending 
 90 days after the date of filing of any visa petition, 
 and the employment of such an alien is not intended or 
 designed to influence an election for a bargaining 
 representative for registered nurses of the facility.
 (vi) At the time of the filing of the petition for 
 registered nurses under section 101(a)(15)(H)(i)(c), 
 notice of the filing has been provided by the facility 
 to the bargaining representative of the registered 
 nurses at the facility or, where there is no such 
 bargaining representative, notice of the filing has 
 been provided to the registered nurses employed at the 
 facility through posting in conspicuous locations.
 (vii) The facility will not, at any time, employ a 
 number of aliens issued visas or otherwise provided 
 nonimmigrant status under section 101(a)(15)(H)(i)(c) 
 that exceeds 33 percent of the total number of 
 registered nurses employed by the facility.
 (viii) The facility will not, with respect to any 
 alien issued a visa or otherwise provided nonimmigrant 
 status under section 101(a)(15)(H)(i)(c)--
 (I) authorize the alien to perform nursing 
 services at any worksite other than a worksite 
 controlled by the facility; or
 (II) transfer the place of employment of the 
 alien from one worksite to another.
 Nothing in clause (iv) shall be construed as requiring 
 a facility to have taken significant steps described in 
 such clause before the date of the enactment of the 
 Nursing Relief for Disadvantaged Areas Act of 1999. A 
 copy of the attestation shall be provided, within 30 
 days of the date of filing, to registered nurses 
 employed at the facility on the date of filing.
 (B) For purposes of subparagraph (A)(iv), each of the 
following shall be considered a significant step reasonably 
designed to recruit and retain registered nurses:
 (i) Operating a training program for registered 
 nurses at the facility or financing (or providing 
 participation in) a training program for registered 
 nurses elsewhere.
 (ii) Providing career development programs and other 
 methods of facilitating health care workers to become 
 registered nurses.
 (iii) Paying registered nurses wages at a rate higher 
 than currently being paid to registered nurses 
 similarly employed in the geographic area.
 (iv) Providing reasonable opportunities for 
 meaningful salary advancement by registered nurses.
The steps described in this subparagraph shall not be 
considered to be an exclusive list of the significant steps 
that may be taken to meet the conditions of subparagraph 
(A)(iv). Nothing in this subparagraph shall require a facility 
to take more than one step if the facility can demonstrate that 
taking a second step is not reasonable.
 (C) Subject to subparagraph (E), an attestation under 
subparagraph (A)--
 (i) shall expire on the date that is the later of--
 (I) the end of the one-year period beginning 
 on the date of its filing with the Secretary of 
 Labor; or
 (II) the end of the period of admission under 
 section 101(a)(15)(H)(i)(c) of the last alien 
 with respect to whose admission it was applied 
 (in accordance with clause (ii)); and
 (ii) shall apply to petitions filed during the one-
 year period beginning on the date of its filing with 
 the Secretary of Labor if the facility states in each 
 such petition that it continues to comply with the 
 conditions in the attestation.
 (D) A facility may meet the requirements under this paragraph 
with respect to more than one registered nurse in a single 
petition.
 (E)(i) The Secretary of Labor shall compile and make 
available for public examination in a timely manner in 
Washington, D.C., a list identifying facilities which have 
filed petitions for nonimmigrants under section 
101(a)(15)(H)(i)(c) and, for each such facility, a copy of the 
facility's attestation under subparagraph (A) (and accompanying 
documentation) and each such petition filed by the facility.
 (ii) The Secretary of Labor shall establish a process, 
including reasonable time limits, for the receipt, 
investigation, and disposition of complaints respecting a 
facility's failure to meet conditions attested to or a 
facility's misrepresentation of a material fact in an 
attestation. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives, 
associations deemed appropriate by the Secretary, and other 
aggrieved parties as determined under regulations of the 
Secretary). The Secretary shall conduct an investigation under 
this clause if there is reasonable cause to believe that a 
facility fails to meet conditions attested to. Subject to the 
time limits established under this clause, this subparagraph 
shall apply regardless of whether an attestation is expired or 
unexpired at the time a complaint is filed.
 (iii) Under such process, the Secretary shall provide, within 
180 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 clause (iv). 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 within 60 days of 
the date of the determination.
 (iv) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that a facility (for which an 
attestation is made) has failed to meet a condition attested to 
or that there was a misrepresentation of material fact in the 
attestation, 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 nurse per violation, with 
the total penalty not to exceed $10,000 per violation) as the 
Secretary determines to be appropriate. Upon receipt of such 
notice, the Attorney General shall not approve petitions filed 
with respect to a facility during a period of at least one year 
for nurses to be employed by the facility.
 (v) In addition to the sanctions provided for under clause 
(iv), if the Secretary of Labor finds, after notice and an 
opportunity for a hearing, that a facility has violated the 
condition attested to under subparagraph (A)(iii) (relating to 
payment of registered nurses at the prevailing wage rate), the 
Secretary shall order the facility to provide for payment of 
such amounts of back pay as may be required to comply with such 
condition.
 (F)(i) The Secretary of Labor shall impose on a facility 
filing an attestation under subparagraph (A) a filing fee, in 
an amount prescribed by the Secretary based on the costs of 
carrying out the Secretary's duties under this subsection, but 
not exceeding $250.
 (ii) Fees collected under this subparagraph shall be 
deposited in a fund established for this purpose in the 
Treasury of the United States.
 (iii) The collected fees in the fund shall be available to 
the Secretary of Labor, to the extent and in such amounts as 
may be provided in appropriations Acts, to cover the costs 
described in clause (i), in addition to any other funds that 
are available to the Secretary to cover such costs.
 (3) The period of admission of an alien under section 
101(a)(15)(H)(i)(c) shall be 3 years.
 (4) The total number of nonimmigrant visas issued pursuant to 
petitions granted under section 101(a)(15)(H)(i)(c) in each 
fiscal year shall not exceed 500. The number of such visas 
issued for employment in each State in each fiscal year shall 
not exceed the following:
 (A) For States with populations of less than 
 9,000,000, based upon the 1990 decennial census of 
 population, 25 visas.
 (B) For States with populations of 9,000,000 or more, 
 based upon the 1990 decennial census of population, 50 
 visas.
 (C) If the total number of visas available under this 
 paragraph for a fiscal year quarter exceeds the number 
 of qualified nonimmigrants who may be issued such visas 
 during those quarters, the visas made available under 
 this paragraph shall be issued without regard to the 
 numerical limitation under subparagraph (A) or (B) of 
 this paragraph during the last fiscal year quarter.
 (5) A facility that has filed a petition under section 
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing 
services for the facility--
 (A) shall provide the nonimmigrant a wage rate and 
 working conditions commensurate with those of nurses 
 similarly employed by the facility;
 (B) shall require the nonimmigrant to work hours 
 commensurate with those of nurses similarly employed by 
 the facility; and
 (C) shall not interfere with the right of the 
 nonimmigrant to join or organize a union.
 (6) For purposes of this subsection and section 
101(a)(15)(H)(i)(c), the term ``facility'' means a subsection 
(d) hospital (as defined in section 1886(d)(1)(B) of the Social 
Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the 
following requirements:
 (A) As of March 31, 1997, the hospital was located in 
 a health professional shortage area (as defined in 
 section 332 of the Public Health Service Act (42 U.S.C. 
 254e)).
 (B) Based on its settled cost report filed under 
 title XVIII of the Social Security Act for its cost 
 reporting period beginning during fiscal year 1994--
 (i) the hospital has not less than 190 
 licensed acute care beds;
 (ii) the number of the hospital's inpatient 
 days for such period which were made up of 
 patients who (for such days) were entitled to 
 benefits under part A of such title is not less 
 than 35 percent of the total number of such 
 hospital's acute care inpatient days for such 
 period; and
 (iii) the number of the hospital's inpatient 
 days for such period which were made up of 
 patients who (for such days) were eligible for 
 medical assistance under a State plan approved 
 under title XIX of the Social Security Act, is 
 not less than 28 percent of the total number of 
 such hospital's acute care inpatient days for 
 such period.
 (7) For purposes of paragraph (2)(A)(v), the term 
 ``lay off'', with respect to a worker--
 (A) means to cause the worker's loss of 
 employment, other than through a discharge for 
 inadequate performance, violation of workplace 
 rules, cause, voluntary departure, voluntary 
 retirement, or the expiration of a grant or 
 contract; but
 (B) does not include any situation in which 
 the worker is offered, as an alternative to 
 such loss of employment, a similar employment 
 opportunity with the same employer at 
 equivalent or higher compensation and benefits 
 than the position from which the employee was 
 discharged, regardless of whether or not the 
 employee accepts the offer.
 Nothing in this paragraph is intended to limit an 
 employee's or an employer's rights under a collective 
 bargaining agreement or other employment contract.
 (n)(1) No alien may be admitted or provided status as an H-1B 
nonimmigrant in an occupational classification unless the 
employer has filed with the Secretary of Labor an application 
stating the following:
 (A) The employer--
 (i) is offering and will offer during the 
 period of authorized employment to aliens 
 admitted or provided status as an H-1B 
 nonimmigrant wages that are at least--
 (I) the actual wage level paid by the 
 employer to all other individuals with 
 similar experience and qualifications 
 for the specific employment in 
 question, or
 (II) the prevailing wage level for 
 the occupational classification in the 
 area of employment,
 whichever is greater, based on the best 
 information available as of the time of filing 
 the application, and
 (ii) will provide working conditions for such 
 a nonimmigrant that will not adversely affect 
 the working conditions of workers similarly 
 employed.
 (B) There is not a strike or lockout in the course of 
 a labor dispute in the occupational classification at 
 the place of employment.
 (C) The employer, at the time of filing the 
 application--
 (i) has provided notice of the filing under 
 this paragraph to the bargaining representative 
 (if any) of the employer's employees in the 
 occupational classification and area for which 
 aliens are sought, or
 (ii) if there is no such bargaining 
 representative, has provided notice of filing 
 in the occupational classification through such 
 methods as physical posting in conspicuous 
 locations at the place of employment or 
 electronic notification to employees in the 
 occupational classification for which H-1B 
 nonimmigrants are sought.
 (D) The application shall contain a specification of 
 the number of workers sought, the occupational 
 classification in which the workers will be employed, 
 and wage rate and conditions under which they will be 
 employed.
 (E)(i) In the case of an application described in 
 clause (ii), the employer did not displace and will not 
 displace a United States worker (as defined in 
 paragraph (4)) employed by the employer within the 
 period beginning 90 days before and ending 90 days 
 after the date of filing of any visa petition supported 
 by the application.
 (ii) An application described in this clause is an 
 application filed on or after the date final 
 regulations are first promulgated to carry out this 
 subparagraph, and before by an H-1B-dependent employer 
 (as defined in paragraph (3)) or by an employer that 
 has been found, on or after the date of the enactment 
 of the American Competitiveness and Workforce 
 Improvement Act of 1998, under paragraph (2)(C) or (5) 
 to have committed a willful failure or 
 misrepresentation during the 5-year period preceding 
 the filing of the application. An application is not 
 described in this clause if the only H-1B nonimmigrants 
 sought in the application are exempt H-1B 
 nonimmigrants.
 (F) In the case of an application described in 
 subparagraph (E)(ii), the employer will not place the 
 nonimmigrant with another employer (regardless of 
 whether or not such other employer is an H-1B-dependent 
 employer) where--
 (i) the nonimmigrant performs duties in whole 
 or in part at one or more worksites owned, 
 operated, or controlled by such other employer; 
 and
 (ii) there are indicia of an employment 
 relationship between the nonimmigrant and such 
 other employer;
 unless the employer has inquired of the other employer 
 as to whether, and has no knowledge that, within the 
 period beginning 90 days before and ending 90 days 
 after the date of the placement of the nonimmigrant 
 with the other employer, the other employer has 
 displaced or intends to displace a United States worker 
 employed by the other employer.
 (G)(i) In the case of an application described in 
 subparagraph (E)(ii), subject to clause (ii), the 
 employer, prior to filing the application--
 (I) has taken good faith steps to recruit, in 
 the United States using procedures that meet 
 industry-wide standards and offering 
 compensation that is at least as great as that 
 required to be offered to H-1B nonimmigrants 
 under subparagraph (A), United States workers 
 for the job for which the nonimmigrant or 
 nonimmigrants is or are sought; and
 (II) has offered the job to any United States 
 worker who applies and is equally or better 
 qualified for the job for which the 
 nonimmigrant or nonimmigrants is or are sought.
 (ii) The conditions described in clause (i) shall not 
 apply to an application filed with respect to the 
 employment of an H-1B nonimmigrant who is described in 
 subparagraph (A), (B), or (C) of section 203(b)(1).
The employer shall make available for public examination, 
within one working day after the date on which an application 
under this paragraph is filed, at the employer's principal 
place of business or worksite, a copy of each such application 
(and such accompanying documents as are necessary). The 
Secretary shall compile, on a current basis, a list (by 
employer and by occupational classification) of the 
applications filed under this subsection. Such list shall 
include the wage rate, number of aliens sought, period of 
intended employment, and date of need. The Secretary shall make 
such list available for public examination in Washington, D.C. 
The Secretary of Labor shall review such an application only 
for completeness and obvious inaccuracies. Unless the Secretary 
finds that the application is incomplete or obviously 
inaccurate, the Secretary shall provide the certification 
described in section 101(a)(15)(H)(i)(b) within 7 days of the 
date of the filing of the application. The application form 
shall include a clear statement explaining the liability under 
subparagraph (F) of a placing employer if the other employer 
described in such subparagraph displaces a United States worker 
as described in such subparagraph. Nothing in subparagraph (G) 
shall be construed to prohibit an employer from using 
legitimate selection criteria relevant to the job that are 
normal or customary to the type of job involved, so long as 
such criteria are not applied in a discriminatory manner.
 (2)(A) Subject to paragraph (5)(A), the Secretary shall 
establish a process for the receipt, investigation, and 
disposition of complaints respecting a petitioner's failure to 
meet a condition specified in an application submitted under 
paragraph (1) or a petitioner's misrepresentation of material 
facts in such an application. 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. 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 reasonable basis exists to 
make a finding described in subparagraph (C). If the Secretary 
determines that such a reasonable 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 applicant, the Secretary may 
consolidate the hearings under this subparagraph on such 
complaints.
 (C)(i) If the Secretary finds, after notice and opportunity 
for a hearing, a failure to meet a condition of paragraph 
(1)(B), (1)(E), or (1)(F), a substantial failure to meet a 
condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a 
misrepresentation of material fact in an application--
 (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.
 (ii) If the Secretary finds, after notice and opportunity for 
a hearing, a willful failure to meet a condition of paragraph 
(1), a willful misrepresentation of material fact in an 
application, or a violation of clause (iv)--
 (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 $5,000 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 2 years for 
 aliens to be employed by the employer.
 (iii) If the Secretary finds, after notice and opportunity 
for a hearing, a willful failure to meet a condition of 
paragraph (1) or a willful misrepresentation of material fact 
in an application, in the course of which failure or 
misrepresentation the employer displaced a United States worker 
employed by the employer within the period beginning 90 days 
before and ending 90 days after the date of filing of any visa 
petition supported by the application--
 (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 $35,000 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 3 years for 
 aliens to be employed by the employer.
 (iv) It is a violation of this clause for an employer who has 
filed an application under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.
 (v) The Secretary of Labor and the Attorney General shall 
devise a process under which an H-1B nonimmigrant who files a 
complaint regarding a violation of clause (iv) and is otherwise 
eligible to remain and work in the United States may be allowed 
to seek other appropriate employment in the United States for a 
period not to exceed the maximum period of stay authorized for 
such nonimmigrant classification.
 (vi)(I) It is a violation of this clause for an employer who 
has filed an application under this subsection to require an H-
1B nonimmigrant to pay a penalty for ceasing employment with 
the employer prior to a date agreed to by the nonimmigrant and 
the employer. The Secretary shall determine whether a required 
payment is a penalty (and not liquidated damages) pursuant to 
relevant State law.
 (II) It is a violation of this clause for an employer who has 
filed an application under this subsection to require an alien 
who is the subject of a petition filed under section 214(c)(1), 
for which a fee is imposed under section 214(c)(9), to 
reimburse, or otherwise compensate, the employer for part or 
all of the cost of such fee. It is a violation of this clause 
for such an employer otherwise to accept such reimbursement or 
compensation from such an alien.
 (III) If the Secretary finds, after notice and opportunity 
for a hearing, that an employer has committed a violation of 
this clause, the Secretary may impose a civil monetary penalty 
of $1,000 for each such violation and issue an administrative 
order requiring the return to the nonimmigrant of any amount 
paid in violation of this clause, or, if the nonimmigrant 
cannot be located, requiring payment of any such amount to the 
general fund of the Treasury.
 (vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
full-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status due to a decision by the 
employer (based on factors such as lack of work), or due to the 
nonimmigrant's lack of a permit or license, to fail to pay the 
nonimmigrant full-time wages in accordance with paragraph 
(1)(A) for all such nonproductive time.
 (II) It is a failure to meet a condition of paragraph (1)(A) 
for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
part-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status under circumstances described 
in subclause (I), to fail to pay such a nonimmigrant for such 
hours as are designated on such petition consistent with the 
rate of pay identified on such petition.
 (III) In the case of an H-1B nonimmigrant who has not yet 
entered into employment with an employer who has had approved 
an application under this subsection, and a petition under 
section 214(c)(1), with respect to the nonimmigrant, the 
provisions of subclauses (I) and (II) shall apply to the 
employer beginning 30 days after the date the nonimmigrant 
first is admitted into the United States pursuant to the 
petition, or 60 days after the date the nonimmigrant becomes 
eligible to work for the employer (in the case of a 
nonimmigrant who is present in the United States on the date of 
the approval of the petition).
 (IV) This clause does not apply to a failure to pay wages to 
an H-1B nonimmigrant for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
 (V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to an H-1B nonimmigrant an established salary practice 
of the employer, under which the employer pays to H-1B 
nonimmigrants and United States workers in the same 
occupational classification an annual salary in disbursements 
over fewer than 12 months, if--
 (aa) the nonimmigrant agrees to the compressed annual 
 salary payments prior to the commencement of the 
 employment; and
 (bb) the application of the salary practice to the 
 nonimmigrant does not otherwise cause the nonimmigrant 
 to violate any condition of the nonimmigrant's 
 authorization under this Act to remain in the United 
 States.
 (VI) This clause shall not be construed as superseding clause 
(viii).
 (viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an application under this 
subsection to fail to offer to an H-1B nonimmigrant, during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and noncash compensation, such as stock 
options (whether or not based on performance)) on the same 
basis, and in accordance with the same criteria, as the 
employer offers to United States workers.
 (D) If the Secretary finds, after notice and opportunity for 
a hearing, that an employer has not paid wages at the wage 
level specified under the application and required under 
paragraph (1), the Secretary shall order the employer to 
provide for payment of such amounts of back pay as may be 
required to comply with the requirements of paragraph (1), 
whether or not a penalty under subparagraph (C) has been 
imposed.
 (E) If an H-1B-dependent employer places a nonexempt H-1B 
nonimmigrant with another employer as provided under paragraph 
(1)(F) and the other employer has displaced or displaces a 
United States worker employed by such other employer during the 
period described in such paragraph, such displacement shall be 
considered for purposes of this paragraph a failure, by the 
placing employer, to meet a condition specified in an 
application submitted under paragraph (1); except that the 
Attorney General may impose a sanction described in subclause 
(II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the 
Secretary of Labor found that such placing employer--
 (i) knew or had reason to know of such displacement 
 at the time of the placement of the nonimmigrant with 
 the other employer; or
 (ii) has been subject to a sanction under this 
 subparagraph based upon a previous placement of an H-1B 
 nonimmigrant with the same other employer.
 (F) The Secretary may, on a case-by-case basis, subject an 
employer to random investigations for a period of up to 5 
years, beginning on the date (on or after the date of the 
enactment of the American Competitiveness and Workforce 
Improvement Act of 1998) on which the employer is found by the 
Secretary to have committed a willful failure to meet a 
condition of paragraph (1) (or has been found under paragraph 
(5) to have committed a willful failure to meet the condition 
of paragraph (1)(G)(i)(II)) or to have made a willful 
misrepresentation of material fact in an application. The 
preceding sentence shall apply to an employer regardless of 
whether or not the employer is an H-1B-dependent employer. The 
authority of the Secretary under this subparagraph shall not be 
construed to be subject to, or limited by, the requirements of 
subparagraph (A).
 (G)(i) The Secretary of Labor may initiate an investigation 
of any employer that employs nonimmigrants described in section 
101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable 
cause to believe that the employer is not in compliance with 
this subsection. In the case of an investigation under this 
clause, the Secretary of Labor (or the acting Secretary in the 
case of the absence of disability of the Secretary of Labor) 
shall personally certify that reasonable cause exists and shall 
approve commencement of the investigation. The investigation 
may be initiated for reasons other than completeness and 
obvious inaccuracies by the employer in complying with this 
subsection.
 (ii) If the Secretary of Labor receives specific credible 
information from a source who is likely to have knowledge of an 
employer's practices or employment conditions, or an employer's 
compliance with the employer's labor condition application 
under paragraph (1), and whose identity is known to the 
Secretary of Labor, and such information provides reasonable 
cause to believe that the employer has committed a willful 
failure to meet a condition of paragraph (1)(A), (1)(B), 
(1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a 
pattern or practice of failures to meet such a condition, or 
has committed a substantial failure to meet such a condition 
that affects multiple employees, the Secretary of Labor may 
conduct an investigation into the alleged failure or failures. 
The Secretary of Labor may withhold the identity of the source 
from the employer, and the source's identity shall not be 
subject to disclosure under section 552 of title 5, United 
States Code.
 (iii) The Secretary of Labor shall establish a procedure for 
any person desiring to provide to the Secretary of Labor 
information described in clause (ii) that may be used, in whole 
or in part, as the basis for the commencement of an 
investigation described in such clause, to provide the 
information in writing on a form developed and provided by the 
Secretary of Labor and completed by or on behalf of the person. 
The person may not be an officer or employee of the Department 
of Labor, unless the information satisfies the requirement of 
clause (iv)(II) (although an officer or employee of the 
Department of Labor may complete the form on behalf of the 
person).
 (iv) Any investigation initiated or approved by the Secretary 
of Labor under clause (ii) shall be based on information that 
satisfies the requirements of such clause and that--
 (I) originates from a source other than an officer or 
 employee of the Department of Labor; or
 (II) was lawfully obtained by the Secretary of Labor 
 in the course of lawfully conducting another Department 
 of Labor investigation under this Act of any other Act.
 (v) The receipt by the Secretary of Labor of information 
submitted by an employer to the Attorney General or the 
Secretary of Labor for purposes of securing the employment of a 
nonimmigrant described in section 101(a)(15)(H)(i)(b) shall not 
be considered a receipt of information for purposes of clause 
(ii).
 (vi) No investigation described in clause (ii) (or hearing 
described in clause (viii) based on such investigation) may be 
conducted with respect to information about a failure to meet a 
condition described in clause (ii), unless the Secretary of 
Labor receives the information not later than 12 months after 
the date of the alleged failure.
 (vii) The Secretary of Labor shall provide notice to an 
employer with respect to whom there is reasonable cause to 
initiate an investigation described in clauses (i) or (ii), 
prior to the commencement of an investigation under such 
clauses, of the intent to conduct an investigation. The notice 
shall be provided in such a manner, and shall contain 
sufficient detail, to permit the employer to respond to the 
allegations before an investigation is commenced. The Secretary 
of Labor is not required to comply with this clause if the 
Secretary of Labor determines that to do so would interfere 
with an effort by the Secretary of Labor to secure compliance 
by the employer with the requirements of this subsection. There 
shall be no judicial review of a determination by the Secretary 
of Labor under this clause.
 (viii) An investigation under clauses (i) or (ii) may be 
conducted for a period of up to 60 days. If the Secretary of 
Labor determines after such an investigation that a reasonable 
basis exists to make a finding that the employer has committed 
a willful failure to meet a condition of paragraph (1)(A), 
(1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in 
a pattern or practice of failures to meet such a condition, or 
has committed a substantial failure to meet such a condition 
that affects multiple employees, the Secretary of Labor shall 
provide for 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, within 120 days 
after the date of the determination. If such a hearing is 
requested, the Secretary of Labor shall make a finding 
concerning the matter by not later than 120 days after the date 
of the hearing.
 (H)(i) Except as provided in clauses (ii) and (iii), a person 
or entity is considered to have complied with the requirements 
of this subsection, notwithstanding a technical or procedural 
failure to meet such requirements, if there was a good faith 
attempt to comply with the requirements.
 (ii) Clause (i) shall not apply if--
 (I) the Department of Labor (or another enforcement 
 agency) has explained to the person or entity the basis 
 for the failure;
 (II) the person or entity has been provided a period 
 of not less than 10 business days (beginning after the 
 date of the explanation) within which to correct the 
 failure; and
 (III) the person or entity has not corrected the 
 failure voluntarily within such period.
 (iii) A person or entity that, in the course of an 
 investigation, is found to have violated the prevailing 
 wage requirements set forth in paragraph (1)(A), shall 
 not be assessed fines or other penalties for such 
 violation if the person or entity can establish that 
 the manner in which the prevailing wage was calculated 
 was consistent with recognized industry standards and 
 practices.
 (iv) Clauses (i) and (iii) shall not apply to a 
 person or entity that has engaged in or is engaging in 
 a pattern or practice of willful violations of this 
 subsection.
 (I) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.
 (3)(A) For purposes of this subsection, the term ``H-1B-
dependent employer'' means an employer that--
 (i)(I) has 25 or fewer full-time equivalent employees 
 who are employed in the United States; and (II) employs 
 more than 7 H-1B nonimmigrants;
 (ii)(I) has at least 26 but not more than 50 full-
 time equivalent employees who are employed in the 
 United States; and (II) employs more than 12 H-1B 
 nonimmigrants; or
 (iii)(I) has at least 51 full-time equivalent 
 employees who are employed in the United States; and 
 (II) employs H-1B nonimmigrants in a number that is 
 equal to at least 15 percent of the number of such 
 full-time equivalent employees.
 (B) For purposes of this subsection--
 (i) the term ``exempt H-1B nonimmigrant'' means an H-
 1B nonimmigrant who--
 (I) receives wages (including cash bonuses 
 and similar compensation) at an annual rate 
 equal to at least $60,000; or
 (II) has attained a master's or higher degree 
 (or its equivalent) in a specialty related to 
 the intended employment; and
 (ii) the term nonexempt H-1B nonimmigrant means an H-
 1B nonimmigrant who is not an exempt H-1B nonimmigrant.
 (C) For purposes of subparagraph (A)--
 (i) in computing the number of full-time equivalent 
 employees and the number of H-1B nonimmigrants, exempt 
 H-1B nonimmigrants shall not be taken into account 
 during the longer of--
 (I) the 6-month period beginning on the date 
 of the enactment of the American 
 Competitiveness and Workforce Improvement Act 
 of 1998; or
 (II) the period beginning on the date of the 
 enactment of the American Competitiveness and 
 Workforce Improvement Act of 1998 and ending on 
 the date final regulations are issued to carry 
 out this paragraph; and
 (ii) any group treated as a single employer under 
 subsection (b), (c), (m), or (o) of section 414 of the 
 Internal Revenue Code of 1986 shall be treated as a 
 single employer.
 (4) For purposes of this subsection:
 (A) The term ``area of employment'' means the area 
 within normal commuting distance of the worksite or 
 physical location where the work of the H-1B 
 nonimmigrant is or will be performed. If such worksite 
 or location is within a Metropolitan Statistical Area, 
 any place within such area is deemed to be within the 
 area of employment.
 (B) In the case of an application with respect to one 
 or more H-1B nonimmigrants by an employer, the employer 
 is considered to ``displace'' a United States worker 
 from a job if the employer lays off the worker from a 
 job that is essentially the equivalent of the job for 
 which the nonimmigrant or nonimmigrants is or are 
 sought. A job shall not be considered to be essentially 
 equivalent of another job unless it involves 
 essentially the same responsibilities, was held by a 
 United States worker with substantially equivalent 
 qualifications and experience, and is located in the 
 same area of employment as the other job.
 (C) The term ``H-1B nonimmigrant'' means an alien 
 admitted or provided status as a nonimmigrant described 
 in section 101(a)(15)(H)(i)(b).
 (D)(i) The term ``lays off'', with respect to a 
 worker--
 (I) means to cause the worker's loss of 
 employment, other than through a discharge for 
 inadequate performance, violation of workplace 
 rules, cause, voluntary departure, voluntary 
 retirement, or the expiration of a grant or 
 contract (other than a temporary employment 
 contract entered into in order to evade a 
 condition described in subparagraph (E) or (F) 
 of paragraph (1)); but
 (II) does not include any situation in which 
 the worker is offered, as an alternative to 
 such loss of employment, a similar employment 
 opportunity with the same employer (or, in the 
 case of a placement of a worker with another 
 employer under paragraph (1)(F), with either 
 employer described in such paragraph) at 
 equivalent or higher compensation and benefits 
 than the position from which the employee was 
 discharged, regardless of whether or not the 
 employee accepts the offer.
 (ii) Nothing in this subparagraph is intended to 
 limit an employee's rights under a collective 
 bargaining agreement or other employment contract.
 (E) The term ``United States worker'' means an 
 employee who--
 (i) is a citizen or national of the United 
 States; or
 (ii) is an alien who is lawfully admitted for 
 permanent residence, is admitted as a refugee 
 under section 207, is granted asylum under 
 section 208, or is an immigrant otherwise 
 authorized, by this Act or by the Attorney 
 General, to be employed.
 (5)(A) This paragraph shall apply instead of subparagraphs 
(A) through (E) of paragraph (2) in the case of a violation 
described in subparagraph (B), but shall not be construed to 
limit or affect the authority of the Secretary or the Attorney 
General with respect to any other violation.
 (B) The Attorney General shall establish a process for the 
receipt, initial review, and disposition in accordance with 
this paragraph of complaints respecting an employer's failure 
to meet the condition of paragraph (1)(G)(i)(II) or a 
petitioner's misrepresentation of material facts with respect 
to such condition. Complaints may be filed by an aggrieved 
individual who has submitted a resume or otherwise applied in a 
reasonable manner for the job that is the subject of the 
condition. No proceeding shall be conducted under this 
paragraph on a complaint concerning such a failure or 
misrepresentation unless the Attorney General determines that 
the complaint was filed not later than 12 months after the date 
of the failure or misrepresentation, respectively.
 (C) If the Attorney General finds that a complaint has been 
filed in accordance with subparagraph (B) and there is 
reasonable cause to believe that such a failure or 
misrepresentation described in such complaint has occurred, the 
Attorney General shall initiate binding arbitration proceedings 
by requesting the Federal Mediation and Conciliation Service to 
appoint an arbitrator from the roster of arbitrators maintained 
by such Service. The procedure and rules of such Service shall 
be applicable to the selection of such arbitrator and to such 
arbitration proceedings. The Attorney General shall pay the fee 
and expenses of the arbitrator.
 (D)(i) The arbitrator shall make findings respecting whether 
a failure or misrepresentation described in subparagraph (B) 
occurred. If the arbitrator concludes that failure or 
misrepresentation was willful, the arbitrator shall make a 
finding to that effect. The arbitrator may not find such a 
failure or misrepresentation (or that such a failure or 
misrepresentation was willful) unless the complainant 
demonstrates such a failure or misrepresentation (or its 
willful character) by clear and convincing evidence. The 
arbitrator shall transmit the findings in the form of a written 
opinion to the parties to the arbitration and the Attorney 
General. Such findings shall be final and conclusive, and, 
except as provided in this subparagraph, no official or court 
of the United States shall have power or jurisdiction to review 
any such findings.
 (ii) The Attorney General may review and reverse or modify 
the findings of an arbitrator only on the same bases as an 
award of an arbitrator may be vacated or modified under section 
10 or 11 of title 9, United States Code.
 (iii) With respect to the findings of an arbitrator, a court 
may review only the actions of the Attorney General under 
clause (ii) and may set aside such actions only on the grounds 
described in subparagraph (A), (B), or (C) of section 706(a)(2) 
of title 5, United States Code. Notwithstanding any other 
provision of law, such judicial review may only be brought in 
an appropriate United States court of appeals.
 (E) If the Attorney General receives a finding of an 
arbitrator under this paragraph that an employer has failed to 
meet the condition of paragraph (1)(G)(i)(II) or has 
misrepresented a material fact with respect to such condition, 
unless the Attorney General reverses or modifies the finding 
under subparagraph (D)(ii)--
 (i) the Attorney General may impose administrative 
 remedies (including civil monetary penalties in an 
 amount not to exceed $1,000 per violation or $5,000 per 
 violation in the case of a willful failure or 
 misrepresentation) as the Attorney General determines 
 to be appropriate; and
 (ii) the Attorney General is authorized to not 
 approve petitions filed, with respect to that employer 
 and for aliens to be employed by the employer, under 
 section 204 or 214(c)--
 (I) during a period of not more than 1 year; 
 or
 (II) in the case of a willful failure or 
 willful misrepresentation, during a period of 
 not more than 2 years.
 (F) The Attorney General shall not delegate, to any other 
employee or official of the Department of Justice, any function 
of the Attorney General under this paragraph, until 60 days 
after the Attorney General has submitted a plan for such 
delegation to the Committees on the Judiciary of the United 
States House of Representatives and the Senate.
 (o) An alien who has been physically present in the United 
States shall not be eligible to receive an immigrant visa 
within ninety days following departure therefrom unless--
 (1) the alien was maintaining a lawful nonimmigrant 
 status at the time of such departure, or
 (2) the alien is the spouse or unmarried child of an 
 individual who obtained temporary or permanent resident 
 status under section 210 or 245A of the Immigration and 
 Nationality Act or section 202 of the Immigration 
 Reform and Control Act of 1986 at any date, who--
 (A) as of May 5, 1988, was the unmarried 
 child or spouse of the individual who obtained 
 temporary or permanent resident status under 
 section 210 or 245A of the Immigration and 
 Nationality Act or section 202 of the 
 Immigration Reform and Control Act of 1986;
 (B) entered the United States before May 5, 
 1988, resided in the United States on May 5, 
 1988, and is not a lawful permanent resident; 
 and
 (C) applied for benefits under section 301(a) 
 of the Immigration Act of 1990.
 (p)(1) In computing the prevailing wage level for an 
occupational classification in an area of employment for 
purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
(t)(1)(A)(i)(II) in the case of an employee of--
 (A) an institution of higher education (as defined in 
 section 101(a) of the Higher Education Act of 1965), or 
 a related or affiliated nonprofit entity; or
 (B) a nonprofit research organization or a 
 Governmental research organization,
the prevailing wage level shall only take into account 
employees at such institutions and organizations in the area of 
employment.
 (2) With respect to a professional athlete (as defined in 
subsection (a)(5)(A)(iii)(II)) when the job opportunity is 
covered by professional sports league rules or regulations, the 
wage set forth in those rules or regulations shall be 
considered as not adversely affecting the wages of United 
States workers similarly employed and be considered the 
prevailing wage.
 (3) The prevailing wage required to be paid pursuant to 
subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) 
shall be 100 percent of the wage determined pursuant to those 
sections.
 (4) Where the Secretary of Labor uses, or makes available to 
employers, a governmental survey to determine the prevailing 
wage, such survey shall provide at least 4 levels of wages 
commensurate with experience, education, and the level of 
supervision. Where an existing government survey has only 2 
levels, 2 intermediate levels may be created by dividing by 3, 
the difference between the 2 levels offered, adding the 
quotient thus obtained to the first level and subtracting that 
quotient from the second level.
 (q) Any alien admitted under section 101(a)(15)(B) may accept 
an honorarium payment and associated incidental expenses for a 
usual academic activity or activities (lasting not longer than 
9 days at any single institution), as defined by the Attorney 
General in consultation with the Secretary of Education, if 
such payment is offered by an institution or organization 
described in subsection (p)(1) and is made for services 
conducted for the benefit of that institution or entity and if 
the alien has not accepted such payment or expenses from more 
than 5 institutions or organizations in the previous 6-month 
period.
 (r) Subsection (a)(5)(C) shall not apply to an alien who 
seeks to enter the United States for the purpose of performing 
labor as a nurse who presents to the consular officer (or in 
the case of an adjustment of status, the Attorney General) a 
certified statement from the Commission on Graduates of Foreign 
Nursing Schools (or an equivalent independent credentialing 
organization approved for the certification of nurses under 
subsection (a)(5)(C) by the Attorney General in consultation 
with the Secretary of Health and Human Services) that--
 (1) the alien has a valid and unrestricted license as 
 a nurse in a State where the alien intends to be 
 employed and such State verifies that the foreign 
 licenses of alien nurses are authentic and 
 unencumbered;
 (2) the alien has passed the National Council 
 Licensure Examination (NCLEX);
 (3) the alien is a graduate of a nursing program--
 (A) in which the language of instruction was 
 English;
 (B) located in a country--
 (i) designated by such commission not 
 later than 30 days after the date of 
 the enactment of the Nursing Relief for 
 Disadvantaged Areas Act of 1999, based 
 on such commission's assessment that 
 the quality of nursing education in 
 that country, and the English language 
 proficiency of those who complete such 
 programs in that country, justify the 
 country's designation; or
 (ii) designated on the basis of such 
 an assessment by unanimous agreement of 
 such commission and any equivalent 
 credentialing organizations which have 
 been approved under subsection 
 (a)(5)(C) for the certification of 
 nurses under this subsection; and
 (C)(i) which was in operation on or before 
 the date of the enactment of the Nursing Relief 
 for Disadvantaged Areas Act of 1999; or
 (ii) has been approved by unanimous agreement 
 of such commission and any equivalent 
 credentialing organizations which have been 
 approved under subsection (a)(5)(C) for the 
 certification of nurses under this subsection.
 (s) In determining whether an alien described in subsection 
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or 
ineligible to receive an immigrant visa or otherwise to adjust 
to the status of permanent resident by reason of subsection 
(a)(4), the consular officer or the Attorney General shall not 
consider any benefits the alien may have received that were 
authorized under section 501 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1641(c)).
 (t)(1) No alien may be admitted or provided status as a 
nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) in an occupational classification unless the 
employer has filed with the Secretary of Labor an attestation 
stating the following:
 (A) The employer--
 (i) is offering and will offer during the 
 period of authorized employment to aliens 
 admitted or provided status under section 
 101(a)(15)(H)(i)(b1) or section 
 101(a)(15)(E)(iii) wages that are at least--
 (I) the actual wage level paid by the 
 employer to all other individuals with 
 similar experience and qualifications 
 for the specific employment in 
 question; or
 (II) the prevailing wage level for 
 the occupational classification in the 
 area of employment,
 whichever is greater, based on the best 
 information available as of the time of filing 
 the attestation; and
 (ii) will provide working conditions for such 
 a nonimmigrant that will not adversely affect 
 the working conditions of workers similarly 
 employed.
 (B) There is not a strike or lockout in the course of 
 a labor dispute in the occupational classification at 
 the place of employment.
 (C) The employer, at the time of filing the 
 attestation--
 (i) has provided notice of the filing under 
 this paragraph to the bargaining representative 
 (if any) of the employer's employees in the 
 occupational classification and area for which 
 aliens are sought; or
 (ii) if there is no such bargaining 
 representative, has provided notice of filing 
 in the occupational classification through such 
 methods as physical posting in conspicuous 
 locations at the place of employment or 
 electronic notification to employees in the 
 occupational classification for which 
 nonimmigrants under section 
 101(a)(15)(H)(i)(b1) or section 
 101(a)(15)(E)(iii) are sought.
 (D) A specification of the number of workers sought, 
 the occupational classification in which the workers 
 will be employed, and wage rate and conditions under 
 which they will be employed.
 (2)(A) The employer shall make available for public 
examination, within one working day after the date on which an 
attestation under this subsection is filed, at the employer's 
principal place of business or worksite, a copy of each such 
attestation (and such accompanying documents as are necessary).
 (B)(i) The Secretary of Labor shall compile, on a current 
basis, a list (by employer and by occupational classification) 
of the attestations filed under this subsection. Such list 
shall include, with respect to each attestation, the wage rate, 
number of aliens sought, period of intended employment, and 
date of need.
 (ii) The Secretary of Labor shall make such list available 
for public examination in Washington, D.C.
 (C) The Secretary of Labor shall review an attestation filed 
under this subsection only for completeness and obvious 
inaccuracies. Unless the Secretary of Labor finds that an 
attestation is incomplete or obviously inaccurate, the 
Secretary of Labor shall provide the certification described in 
section 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) 
within 7 days of the date of the filing of the attestation.
 (3)(A) The Secretary of Labor shall establish a process for 
the receipt, investigation, and disposition of complaints 
respecting the failure of an employer to meet a condition 
specified in an attestation submitted under this subsection or 
misrepresentation by the employer of material facts in such an 
attestation. 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. The Secretary 
of Labor shall conduct an investigation under this paragraph if 
there is reasonable cause to believe that such a failure or 
misrepresentation has occurred.
 (B) Under the process described in subparagraph (A), the 
Secretary of Labor shall provide, within 30 days after the date 
a complaint is filed, for a determination as to whether or not 
a reasonable basis exists to make a finding described in 
subparagraph (C). If the Secretary of Labor determines that 
such a reasonable basis exists, the Secretary of Labor 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 of Labor 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 applicant, the Secretary of Labor may 
consolidate the hearings under this subparagraph on such 
complaints.
 (C)(i) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a condition of 
paragraph (1)(B), a substantial failure to meet a condition of 
paragraph (1)(C) or (1)(D), or a misrepresentation of material 
fact in an attestation--
 (I) the Secretary of Labor shall notify the Secretary 
 of State and the Secretary of Homeland Security 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 of Labor determines to be 
 appropriate; and
 (II) the Secretary of State or the Secretary of 
 Homeland Security, as appropriate, shall not approve 
 petitions or applications filed with respect to that 
 employer under section 204, 214(c), 
 101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
 101(a)(15)(E)(iii) during a period of at least 1 year 
 for aliens to be employed by the employer.
 (ii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1), a willful misrepresentation of 
material fact in an attestation, or a violation of clause 
(iv)--
 (I) the Secretary of Labor shall notify the Secretary 
 of State and the Secretary of Homeland Security of such 
 finding and may, in addition, impose such other 
 administrative remedies (including civil monetary 
 penalties in an amount not to exceed $5,000 per 
 violation as the Secretary of Labor determines to be 
 appropriate; and
 (II) the Secretary of State or the Secretary of 
 Homeland Security, as appropriate, shall not approve 
 petitions or applications filed with respect to that 
 employer under section 204, 214(c), 
 101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
 101(a)(15)(E)(iii) during a period of at least 2 years 
 for aliens to be employed by the employer.
 (iii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1) or a willful misrepresentation of 
material fact in an attestation, in the course of which failure 
or misrepresentation the employer displaced a United States 
worker employed by the employer within the period beginning 90 
days before and ending 90 days after the date of filing of any 
visa petition or application supported by the attestation--
 (I) the Secretary of Labor shall notify the Secretary 
 of State and the Secretary of Homeland Security of such 
 finding and may, in addition, impose such other 
 administrative remedies (including civil monetary 
 penalties in an amount not to exceed $35,000 per 
 violation) as the Secretary of Labor determines to be 
 appropriate; and
 (II) the Secretary of State or the Secretary of 
 Homeland Security, as appropriate, shall not approve 
 petitions or applications filed with respect to that 
 employer under section 204, 214(c), 
 101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
 101(a)(15)(E)(iii) during a period of at least 3 years 
 for aliens to be employed by the employer.
 (iv) It is a violation of this clause for an employer who has 
filed an attestation under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.
 (v) The Secretary of Labor and the Secretary of Homeland 
Security shall devise a process under which a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) who files a complaint regarding a violation 
of clause (iv) and is otherwise eligible to remain and work in 
the United States may be allowed to seek other appropriate 
employment in the United States for a period not to exceed the 
maximum period of stay authorized for such nonimmigrant 
classification.
 (vi)(I) It is a violation of this clause for an employer who 
has filed an attestation under this subsection to require a 
nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) to pay a penalty for ceasing employment with 
the employer prior to a date agreed to by the nonimmigrant and 
the employer. The Secretary of Labor shall determine whether a 
required payment is a penalty (and not liquidated damages) 
pursuant to relevant State law.
 (II) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has committed a 
violation of this clause, the Secretary of Labor may impose a 
civil monetary penalty of $1,000 for each such violation and 
issue an administrative order requiring the return to the 
nonimmigrant of any amount paid in violation of this clause, 
or, if the nonimmigrant cannot be located, requiring payment of 
any such amount to the general fund of the Treasury.
 (vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under this 
subsection and who places a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) designated 
as a full-time employee in the attestation, after the 
nonimmigrant has entered into employment with the employer, in 
nonproductive status due to a decision by the employer (based 
on factors such as lack of work), or due to the nonimmigrant's 
lack of a permit or license, to fail to pay the nonimmigrant 
full-time wages in accordance with paragraph (1)(A) for all 
such nonproductive time.
 (II) It is a failure to meet a condition of paragraph (1)(A) 
for an employer who has filed an attestation under this 
subsection and who places a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) designated 
as a part-time employee in the attestation, after the 
nonimmigrant has entered into employment with the employer, in 
nonproductive status under circumstances described in subclause 
(I), to fail to pay such a nonimmigrant for such hours as are 
designated on the attestation consistent with the rate of pay 
identified on the attestation.
 (III) In the case of a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) who has not 
yet entered into employment with an employer who has had 
approved an attestation under this subsection with respect to 
the nonimmigrant, the provisions of subclauses (I) and (II) 
shall apply to the employer beginning 30 days after the date 
the nonimmigrant first is admitted into the United States, or 
60 days after the date the nonimmigrant becomes eligible to 
work for the employer in the case of a nonimmigrant who is 
present in the United States on the date of the approval of the 
attestation filed with the Secretary of Labor.
 (IV) This clause does not apply to a failure to pay wages to 
a nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
 (V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to a nonimmigrant under section 101(a)(15)(H)(i)(b1) 
or section 101(a)(15)(E)(iii) an established salary practice of 
the employer, under which the employer pays to nonimmigrants 
under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) and United States workers in the same 
occupational classification an annual salary in disbursements 
over fewer than 12 months, if--
 (aa) the nonimmigrant agrees to the compressed annual 
 salary payments prior to the commencement of the 
 employment; and
 (bb) the application of the salary practice to the 
 nonimmigrant does not otherwise cause the nonimmigrant 
 to violate any condition of the nonimmigrant's 
 authorization under this Act to remain in the United 
 States.
 (VI) This clause shall not be construed as superseding clause 
(viii).
 (viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under this 
subsection to fail to offer to a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii), during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and non-cash compensation, such as 
stock options (whether or not based on performance)) on the 
same basis, and in accordance with the same criteria, as the 
employer offers to United States workers.
 (D) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has not paid wages 
at the wage level specified in the attestation and required 
under paragraph (1), the Secretary of Labor shall order the 
employer to provide for payment of such amounts of back pay as 
may be required to comply with the requirements of paragraph 
(1), whether or not a penalty under subparagraph (C) has been 
imposed.
 (E) The Secretary of Labor may, on a case-by-case basis, 
subject an employer to random investigations for a period of up 
to 5 years, beginning on the date on which the employer is 
found by the Secretary of Labor to have committed a willful 
failure to meet a condition of paragraph (1) or to have made a 
willful misrepresentation of material fact in an attestation. 
The authority of the Secretary of Labor under this subparagraph 
shall not be construed to be subject to, or limited by, the 
requirements of subparagraph (A).
 (F) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.
 (4) For purposes of this subsection:
 (A) The term ``area of employment'' means the area 
 within normal commuting distance of the worksite or 
 physical location where the work of the nonimmigrant 
 under section 101(a)(15)(H)(i)(b1) or section 
 101(a)(15)(E)(iii) is or will be performed. If such 
 worksite or location is within a Metropolitan 
 Statistical Area, any place within such area is deemed 
 to be within the area of employment.
 (B) In the case of an attestation with respect to one 
 or more nonimmigrants under section 
 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) by 
 an employer, the employer is considered to ``displace'' 
 a United States worker from a job if the employer lays 
 off the worker from a job that is essentially the 
 equivalent of the job for which the nonimmigrant or 
 nonimmigrants is or are sought. A job shall not be 
 considered to be essentially equivalent of another job 
 unless it involves essentially the same 
 responsibilities, was held by a United States worker 
 with substantially equivalent qualifications and 
 experience, and is located in the same area of 
 employment as the other job.
 (C)(i) The term ``lays off'', with respect to a 
 worker--
 (I) means to cause the worker's loss of 
 employment, other than through a discharge for 
 inadequate performance, violation of workplace 
 rules, cause, voluntary departure, voluntary 
 retirement, or the expiration of a grant or 
 contract; but
 (II) does not include any situation in which 
 the worker is offered, as an alternative to 
 such loss of employment, a similar employment 
 opportunity with the same employer at 
 equivalent or higher compensation and benefits 
 than the position from which the employee was 
 discharged, regardless of whether or not the 
 employee accepts the offer.
 (ii) Nothing in this subparagraph is intended to 
 limit an employee's rights under a collective 
 bargaining agreement or other employment contract.
 (D) The term ``United States worker'' means an 
 employee who--
 (i) is a citizen or national of the United 
 States; or
 (ii) is an alien who is lawfully admitted for 
 permanent residence, is admitted as a refugee 
 under section 207 of this title, is granted 
 asylum under section 208, or is an immigrant 
 otherwise authorized, by this Act or by the 
 Secretary of Homeland Security, to be employed.
 (t)(1) Except as provided in paragraph (2), no person 
admitted under section 101(a)(15)(Q)(ii)(I), or acquiring such 
status after admission, shall be eligible to apply for 
nonimmigrant status, an immigrant visa, or permanent residence 
under this Act until it is established that such person has 
resided and been physically present in the person's country of 
nationality or last residence for an aggregate of at least 2 
years following departure from the United States.
 (2) The Secretary of Homeland Security may waive the 
requirement of such 2-year foreign residence abroad if the 
Secretary determines that--
 (A) departure from the United States would impose 
 exceptional hardship upon the alien's spouse or child 
 (if such spouse or child is a citizen of the United 
 States or an alien lawfully admitted for permanent 
 residence); or
 (B) the admission of the alien is in the public 
 interest or the national interest of the United States.

 * * * * * * *

 Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
Removal

 * * * * * * *

 general classes of deportable aliens

 Sec. 237. (a) Classes of Deportable Aliens.--Any alien 
(including an alien crewman) in and admitted to the United 
States shall, upon the order of the Attorney General, be 
removed if the alien is within one or more of the following 
classes of deportable aliens:
 (1) Inadmissible at time of entry or of adjustment of 
 status or violates status.--
 (A) Inadmissible aliens.--Any alien who at 
 the time of entry or adjustment of status was 
 within one or more of the classes of aliens 
 inadmissible by the law existing at such time 
 is deportable.
 (B) Present in violation of law.--Any alien 
 who is present in the United States in 
 violation of this Act or any other law of the 
 United States, or whose nonimmigrant visa (or 
 other documentation authorizing admission into 
 the United States as a nonimmigrant) has been 
 revoked under section 221(i), is deportable.
 (C) Violated nonimmigrant status or condition 
 of entry.--
 (i) Nonimmigrant status violators.--
 Any alien who was admitted as a 
 nonimmigrant and who has failed to 
 maintain the nonimmigrant status in 
 which the alien was admitted or to 
 which it was changed under section 248, 
 or to comply with the conditions of any 
 such status, is deportable.
 (ii) Violators of conditions of 
 entry.--Any alien whom the Secretary of 
 Health and Human Services certifies has 
 failed to comply with terms, 
 conditions, and controls that were 
 imposed under section 212(g) is 
 deportable.
 (D) Termination of conditional permanent 
 residence.--
 (i) In general.--Any alien with 
 permanent resident status on a 
 conditional basis under section 216 
 (relating to conditional permanent 
 resident status for certain alien 
 spouses and sons and daughters) or 
 under section 216A (relating to 
 conditional permanent resident status 
 for certain alien entrepreneurs, 
 spouses, and children) who has had such 
 status terminated under such respective 
 section is deportable.
 (ii) Exception.--Clause (i) shall not 
 apply in the cases described in section 
 216(c)(4) (relating to certain hardship 
 waivers).
 (E) Smuggling.--
 (i) In general.--Any alien who (prior 
 to the date of entry, at the time of 
 any entry, or within 5 years of the 
 date of any entry) knowingly has 
 encouraged, induced, assisted, abetted, 
 or aided any other alien to enter or to 
 try to enter the United States in 
 violation of law is deportable.
 (ii) Special rule in the case of 
 family reunification.--Clause (i) shall 
 not apply in the case of alien who is 
 an eligible immigrant (as defined in 
 section 301(b)(1) of the Immigration 
 Act of 1990), was physically present in 
 the United States on May 5, 1988, and 
 is seeking admission as an immediate 
 relative or under section 203(a)(2) 
 (including under section 112 of the 
 Immigration Act of 1990) or benefits 
 under section 301(a) of the Immigration 
 Act of 1990 if the alien, before May 5, 
 1988, has encouraged, induced, 
 assisted, abetted, or aided only the 
 alien's spouse, parent, son, or 
 daughter (and no other individual) to 
 enter the United States in violation of 
 law.
 (iii) Waiver authorized.--The 
 Attorney General may, in his discretion 
 for humanitarian purposes, to assure 
 family unity, or when it is otherwise 
 in the public interest, waive 
 application of clause (i) in the case 
 of any alien lawfully admitted for 
 permanent residence if the alien has 
 encouraged, induced, assisted, abetted, 
 or aided only an individual who at the 
 time of the offense was the alien's 
 spouse, parent, son, or daughter (and 
 no other individual) to enter the 
 United States in violation of law.
 (G) Marriage fraud.--An alien shall be 
 considered to be deportable as having procured 
 a visa or other documentation by fraud (within 
 the meaning of section 212(a)(6)(C)(i)) and to 
 be in the United States in violation of this 
 Act (within the meaning of subparagraph (B)) 
 if--
 (i) the alien obtains any admission 
 into the United States with an 
 immigrant visa or other documentation 
 procured on the basis of a marriage 
 entered into less than 2 years prior to 
 such admission of the alien and which, 
 within 2 years subsequent to any 
 admission of the alien in the United 
 States, shall be judicially annulled or 
 terminated, unless the alien 
 establishes to the satisfaction of the 
 Attorney General that such marriage was 
 not contracted for the purpose of 
 evading any provisions of the 
 immigration laws, or
 (ii) it appears to the satisfaction 
 of the Attorney General that the alien 
 has failed or refused to fulfill the 
 alien's marital agreement which in the 
 opinion of the Attorney General was 
 made for the purpose of procuring the 
 alien's admission as an immigrant.
 (H) Waiver authorized for certain 
 misrepresentations.--The provisions of this 
 paragraph relating to the removal of aliens 
 within the United States on the ground that 
 they were inadmissible at the time of admission 
 as aliens described in section 212(a)(6)(C)(i), 
 whether willful or innocent, may, in the 
 discretion of the Attorney General, be waived 
 for any alien (other than an alien described in 
 paragraph (4)(D)) who--
 (i)(I) is the spouse, parent, son, or 
 daughter of a citizen of the United 
 States or of an alien lawfully admitted 
 to the United States for permanent 
 residence; and
 (II) was in possession of an 
 immigrant visa or equivalent document 
 and was otherwise admissible to the 
 United States at the time of such 
 admission except for those grounds of 
 inadmissibility specified under 
 paragraphs (5)(A) and (7)(A) of section 
 212(a) which were a direct result of 
 that fraud or misrepresentation.
 (ii) is a VAWA self-petitioner.
 A waiver of removal for fraud or 
 misrepresentation granted under this 
 subparagraph shall also operate to waive 
 removal based on the grounds of inadmissibility 
 directly resulting from such fraud or 
 misrepresentation.
 (2) Criminal offenses.--
 (A) General crimes.--
 (i) Crimes of moral turpitude.--Any 
 alien who--
 (I) is convicted of a crime 
 involving moral turpitude 
 committed within five years (or 
 10 years in the case of an 
 alien provided lawful permanent 
 resident status under section 
 245(j)) after the date of 
 admission, and
 (II) is convicted of a crime 
 for which a sentence of one 
 year or longer may be imposed,
 is deportable.
 (ii) Multiple criminal convictions.--
 Any alien who at any time after 
 admission is convicted of two or more 
 crimes involving moral turpitude, not 
 arising out of a single scheme of 
 criminal misconduct, regardless of 
 whether confined therefor and 
 regardless of whether the convictions 
 were in a single trial, is deportable.
 (iii) Aggravated felony.--Any alien 
 who is convicted of an aggravated 
 felony at any time after admission is 
 deportable.
 (iv) High speed flight.--Any alien 
 who is convicted of a violation of 
 section 758 of title 18, United States 
 Code (relating to high speed flight 
 from an immigration checkpoint), is 
 deportable.
 (v) Failure to register as a sex 
 offender.--Any alien who is convicted 
 under section 2250 of title 18, United 
 States Code, is deportable.
 (vi) Waiver authorized.--Clauses (i), 
 (ii), and (iii) shall not apply in the 
 case of an alien with respect to a 
 criminal conviction if the alien 
 subsequent to the criminal conviction 
 has been granted a full and 
 unconditional pardon by the President 
 of the United States or by the Governor 
 of any of the several States.
 (B) Controlled substances.--
 (i) Conviction.--Any alien who at any 
 time after admission has been convicted 
 of a violation of (or a conspiracy or 
 attempt to violate) any law or 
 regulation of a State, the United 
 States, or a foreign country relating 
 to a controlled substance (as defined 
 in section 102 of the Controlled 
 Substances Act (21 U.S.C. 802)), other 
 than a single offense involving 
 possession for one's own use of 30 
 grams or less of marijuana, is 
 deportable.
 (ii) Drug abusers and addicts.--Any 
 alien who is, or at any time after 
 admission has been, a drug abuser or 
 addict is deportable.
 (C) Certain firearm offenses.--Any alien who 
 at any time after admission is convicted under 
 any law of purchasing, selling, offering for 
 sale, exchanging, using, owning, possessing, or 
 carrying, or of attempting or conspiring to 
 purchase, sell, offer for sale, exchange, use, 
 own, possess, or carry, any weapon, part, or 
 accessory which is a firearm or destructive 
 device (as defined in section 921(a) of title 
 18, United States Code) in violation of any law 
 is deportable.
 (D) Miscellaneous crimes.--Any alien who at 
 any time has been convicted (the judgment on 
 such conviction becoming final) of, or has been 
 so convicted of a conspiracy or attempt to 
 violate--
 (i) any offense under chapter 37 
 (relating to espionage), chapter 105 
 (relating to sabotage), or chapter 115 
 (relating to treason and sedition) of 
 title 18, United States Code, for which 
 a term of imprisonment of five or more 
 years may be imposed;
 (ii) any offense under section 871 or 
 960 of title 18, United States Code;
 (iii) a violation of any provision of 
 the Military Selective Service Act (50 
 U.S.C. App. 451 et seq.) or the Trading 
 With the Enemy Act (50 U.S.C. App. 1 et 
 seq.); or
 (iv) a violation of section 215 or 
 278 of this Act,
 is deportable.
 (E) Crimes of domestic violence, stalking, or 
 violation of protection order, crimes against 
 children and.--
 (i) Domestic violence, stalking, and 
 child abuse.--Any alien who at any time 
 after admission is convicted of a crime 
 of domestic violence, a crime of 
 stalking, or a crime of child abuse, 
 child neglect, or child abandonment is 
 deportable. For purposes of this 
 clause, the term ``crime of domestic 
 violence'' means any crime of violence 
 (as defined in section 16 of title 18, 
 United States Code) against a person 
 committed by a current or former spouse 
 of the person, by an individual with 
 whom the person shares a child in 
 common, by an individual who is 
 cohabiting with or has cohabited with 
 the person as a spouse, by an 
 individual similarly situated to a 
 spouse of the person under the domestic 
 or family violence laws of the 
 jurisdiction where the offense occurs, 
 or by any other individual against a 
 person who is protected from that 
 individual's acts under the domestic or 
 family violence laws of the United 
 States or any State, Indian tribal 
 government, or unit of local 
 government.
 (ii) Violators of protection 
 orders.--Any alien who at any time 
 after admission is enjoined under a 
 protection order issued by a court and 
 whom the court determines has engaged 
 in conduct that violates the portion of 
 a protection order that involves 
 protection against credible threats of 
 violence, repeated harassment, or 
 bodily injury to the person or persons 
 for whom the protection order was 
 issued is deportable. For purposes of 
 this clause, the term ``protection 
 order'' means any injunction issued for 
 the purpose of preventing violent or 
 threatening acts of domestic violence, 
 including temporary or final orders 
 issued by civil or criminal courts 
 (other than support or child custody 
 orders or provisions) whether obtained 
 by filing an independent action or as a 
 pendente lite order in another 
 proceeding.
 (F) Trafficking.--Any alien described in 
 section 212(a)(2)(H) is deportable.
 (G) Harming animals used in law 
 enforcement.--Any alien who has been convicted 
 of, who admits having committed, or who admits 
 committing acts which constitute the essential 
 elements of an offense under section 1368 of 
 title 18, United States Code (relating to 
 harming animals used in law enforcement), is 
 deportable.
 (3) Failure to register and falsification of 
 documents.--
 (A) Change of address.--An alien who has 
 failed to comply with the provisions of section 
 265 is deportable, unless the alien establishes 
 to the satisfaction of the Attorney General 
 that such failure was reasonably excusable or 
 was not willful.
 (B) Failure to register or falsification of 
 documents.--Any alien who at any time has been 
 convicted--
 (i) under section 266(c) of this Act 
 or under section 36(c) of the Alien 
 Registration Act, 1940,
 (ii) of a violation of, or an attempt 
 or a conspiracy to violate, any 
 provision of the Foreign Agents 
 Registration Act of 1938 (22 U.S.C. 611 
 et seq.), or
 (iii) of a violation of, or an 
 attempt or a conspiracy to violate, 
 section 1546 of title 18, United States 
 Code (relating to fraud and misuse of 
 visas, permits, and other entry 
 documents),
 is deportable.
 (C) Document fraud.--
 (i) In general.--An alien who is the 
 subject of a final order for violation 
 of section 274C is deportable.
 (ii) Waiver authorized.--The Attorney 
 General may waive clause (i) in the 
 case of an alien lawfully admitted for 
 permanent residence if no previous 
 civil money penalty was imposed against 
 the alien under section 274C and the 
 offense was incurred solely to assist, 
 aid, or support the alien's spouse or 
 child (and no other individual). No 
 court shall have jurisdiction to review 
 a decision of the Attorney General to 
 grant or deny a waiver under this 
 clause.
 (D) Falsely claiming citizenship.--
 (i) In general.--Any alien who 
 falsely represents, or has falsely 
 represented, himself to be a citizen of 
 the United States for any purpose or 
 benefit under this Act (including 
 section 274A) or any Federal or State 
 law is deportable.
 (ii) Exception.--In the case of an 
 alien making a representation described 
 in clause (i), if each natural parent 
 of the alien (or, in the case of an 
 adopted alien, each adoptive parent of 
 the alien) is or was a citizen (whether 
 by birth or naturalization), the alien 
 permanently resided in the United 
 States prior to attaining the age of 
 16, and the alien reasonably believed 
 at the time of making such 
 representation that he or she was a 
 citizen, the alien shall not be 
 considered to be deportable under any 
 provision of this subsection based on 
 such representation.
 (4) Security and related grounds.--
 (A) In general.--Any alien who has engaged, 
 is engaged, or at any time after admission 
 engages in--
 (i) any activity to violate any law 
 of the United States relating to 
 espionage or sabotage or to violate or 
 evade any law prohibiting the export 
 from the United States of goods, 
 technology, or sensitive information,
 (ii) any other criminal activity 
 which endangers public safety or 
 national security, or
 (iii) any activity a purpose of which 
 is the opposition to, or the control or 
 overthrow of, the Government of the 
 United States by force, violence, or 
 other unlawful means,
 is deportable.
 (B) Terrorist activities.--Any alien who is 
 described in subparagraph (B) or (F) of section 
 212(a)(3) is deportable.
 (C) Foreign policy.--
 (i) In general.--An alien whose 
 presence or activities in the United 
 States the Secretary of State has 
 reasonable ground to believe would have 
 potentially serious adverse foreign 
 policy consequences for the United 
 States is deportable.
 (ii) Exceptions.--The exceptions 
 described in clauses (ii) and (iii) of 
 section 212(a)(3)(C) shall apply to 
 deportability under clause (i) in the 
 same manner as they apply to 
 inadmissibility under section 
 212(a)(3)(C)(i).
 (D) Participated in nazi persecution, 
 genocide, or the commission of any act of 
 torture or extrajudicial killing.--Any alien 
 described in clause (i), (ii), or (iii) of 
 section 212(a)(3)(E) is deportable.
 (E) Participated in the commission of severe 
 violations of religious freedom.--Any alien 
 described in section 212(a)(2)(G) is 
 deportable.
 (F) Recruitment or use of child soldiers.--
 Any alien who has engaged in the recruitment or 
 use of child soldiers in violation of section 
 2442 of title 18, United States Code, is 
 deportable.
 (5) Public charge.--Any alien who, within five years 
 after the date of entry, has become a public charge 
 from causes not affirmatively shown to have arisen 
 since entry is deportable.
 (6) Unlawful voters.--
 (A) In general.--Any alien who has voted in 
 violation of any Federal, State, or local 
 constitutional provision, statute, ordinance, 
 or regulation is deportable.
 (B) Exception.--In the case of an alien who 
 voted in a Federal, State, or local election 
 (including an initiative, recall, or 
 referendum) in violation of a lawful 
 restriction of voting to citizens, if each 
 natural parent of the alien (or, in the case of 
 an adopted alien, each adoptive parent of the 
 alien) is or was a citizen (whether by birth or 
 naturalization), the alien permanently resided 
 in the United States prior to attaining the age 
 of 16, and the alien reasonably believed at the 
 time of such violation that he or she was a 
 citizen, the alien shall not be considered to 
 be deportable under any provision of this 
 subsection based on such violation.
 (7) Waiver for victims of domestic violence.--
 (A) In general.--The Attorney General is not 
 limited by the criminal court record and may 
 waive the application of paragraph (2)(E)(i) 
 (with respect to crimes of domestic violence 
 and crimes of stalking) and (ii) in the case of 
 an alien who has been battered or subjected to 
 extreme cruelty and who is not and was not the 
 primary perpetrator of violence in the 
 relationship--
 (i) upon a determination that--
 (I) the alien was acting is 
 self-defense;
 (II) the alien was found to 
 have violated a protection 
 order intended to protect the 
 alien; or
 (III) the alien committed, 
 was arrested for, was convicted 
 of, or pled guilty to 
 committing a crime--
 (aa) that did not 
 result in serious 
 bodily injury; and
 (bb) where there was 
 a connection between 
 the crime and the 
 alien's having been 
 battered or subjected 
 to extreme cruelty.
 (B) Credible evidence considered.--In acting 
 on applications under this paragraph, the 
 Attorney General shall consider any credible 
 evidence relevant to the application. The 
 determination of what evidence is credible and 
 the weight to be given that evidence shall be 
 within the sole discretion of the Attorney 
 General.
 (b) An alien, admitted as an nonimmigrant under the 
provisions of either section 101(a)(15)(A)(i) or 
101(a)(15)(G)(i), and who fails to maintain a status under 
either of those provisions, shall not be required to depart 
from the United States without the approval of the Secretary of 
State, unless such alien is subject to deportation under 
paragraph (4) of subsection (a).
 (c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of 
subsection (a) (other than so much of paragraph (1) as relates 
to a ground of inadmissibility described in paragraph (2) or 
(3) of section 212(a)) shall not apply to a special immigrant 
described in section 101(a)(27)(J) based upon circumstances 
that existed before the date the alien was provided such 
special immigrant status.
 (d)(1) If the Secretary of Homeland Security determines that 
an application for nonimmigrant status under subparagraph (T) 
or (U) of section 101(a)(15) filed for an alien in the United 
States sets forth a prima facie case for approval, the 
Secretary may grant the alien an administrative stay of a final 
order of removal under section 241(c)(2) until--
 (A) the application for nonimmigrant status under 
 such subparagraph (T) or (U) is approved; or
 (B) there is a final administrative denial of the 
 application for such nonimmigrant status after the 
 exhaustion of administrative appeals.
 (2) The denial of a request for an administrative stay of 
removal under this subsection shall not preclude the alien from 
applying for a stay of removal, deferred action, or a 
continuance or abeyance of removal proceedings under any other 
provision of the immigration laws of the United States.
 (3) During any period in which the administrative stay of 
removal is in effect, the alien shall not be removed.
 (4) Nothing in this subsection may be construed to limit the 
authority of the Secretary of Homeland Security or the Attorney 
General to grant a stay of removal or deportation in any case 
not described in this subsection.

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