§ 1188. Admission of temporary H–2A workers

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Pub. L. 99–603 title III § 301(c) · 100 Stat. 3359

   Enacted · 8 U.S.C. § 1188

   June 27, 1952, ch. 477, title II, ch. 2, § 218, formerly § 216, as added Pub. L. 99–603, title III, § 301(c), Nov. 6, 1986, 100 Stat. 3411

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 2, § 218, formerly § 216, as added Pub. L. 99–603, title III, § 301(c), Nov. 6, 1986, 100 Stat. 3411

   Enacted provision · exact public law section
   (c) Admission of H–2A Workers.— Chapter 2 of title II is amended by adding after section 215 the following new section: “Sec. 216. “admission of temporary h–2a workers (a) Conditions for Approval of H–2A Petitions.— (1) 8 USC 1186. A petition to import an alien as an H–2A worker (as defined in subsection (i)(2)) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that— “(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition, and “(B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. “(2) The Secretary of Labor may require by regulation, as a condition of issuing the certification, the payment of a fee to recover the reasonable costs of processing applications for certification. “(b) Conditions for Denial of Labor Certification.— The Secretary of Labor may not issue a certification under subsection (a) with respect to an employer if the conditions described in that subsection are not met or if any of the following conditions are met: “(1) There is a strike or lockout in the course of a labor dispute which, under the regulations, precludes such certification. “(2) (A) The employer during the previous two-year period employed H–2A workers and the Secretary of Labor has determined, after notice and opportunity for a hearing, that the employer at any time during that period substantially violated a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers. “(B) No employer may be denied certification under subparagraph (A) for more than three years for any violation described in such subparagraph. “(3) The employer has not provided the Secretary with satisfactory assurances that if the employment for which the certification is sought is not covered by State workers’ compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker’s employment which will provide benefits at least equal to those provided under the State workers’ compensation law for comparable employment. “(4) The Secretary determines that the employer has not made positive recruitment efforts within a multi-state region of traditional or expected labor supply where the Secretary finds that there are a significant number of qualified United States workers who, if recruited, would be willing to make themselves available for work at the time and place needed. Positive recruitment under this paragraph is in addition to, and shall be conducted within the same time period as, the circulation through the interstate employment service system of the employer’s job offer. The obligation to engage in positive recruitment under this paragraph shall terminate on the date the H–2A workers depart for the employer’s place of employment. “(c) Special Rules for Consideration of Applications.— The following rules shall apply in the case of the filing and consideration of an application for a labor certification under this section: “(1) Deadline for filing applications.— The Secretary of Labor may not require that the application be filed more than 60 days before the first date the employer requires the labor or services of the H–2A worker. “(2) Notice within seven days of deficiencies.— (A) The employer shall be notified in writing within seven days of the date of filing if the application does not meet the standards (other than that described in subsection (a)(1)(A)) for approval. “(B) If the application does not meet such standards, the notice shall include the reasons therefor and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. “(3) Issuance of certification.— (A) The Secretary of Labor shall make, not later than 20 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1) if— “(i) the employer has complied with the criteria for certification (including criteria for the recruitment of eligible individuals as prescribed by the Secretary), and “(ii) the employer does not actually have, or has not been provided with referrals of, qualified eligible individuals who nave indicated their availability to perform such labor or services on the terms and conditions of a job offer which meets the requirements of the Secretary. In considering the question of whether a specific qualification is appropriate in a job offer, the Secretary snail apply the normal and accepted qualifications required by non-H–2A-employers in the same or comparable occupations and crops. “(B) (i) For a period of 3 years subsequent to the effective date of this section, labor certifications shall remain effective only if, from the time the foreign worker departs for the employer’s place of employment, the employer will provide employment to any qualified United States worker who applies to the employer until 50 percent of the period of the work contract, under which the foreign worker who is in the job was hired, has elapsed. In addition, the employer will offer to provide benefits, wages and working conditions required pursuant to this section and regulations. “(ii) The requirement of clause (i) shall not apply to any employer who— “(I) did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor, as defined in section 3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(u)), “(II) is not a member of an association which has petitioned for certification under this section for its members, and “(III) has not otherwise associated with other employers who are petitioning for temporary foreign workers under this section. “(iii) Six months before the end of the 3-year period described in clause (i), the Secretary of Labor shall consider the findings of the report mandated by section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986 as well as other relevant materials, including evidence of benefits to United States workers and costs to employers, addressing the advisability of continuing a policy which requires an employer, as a condition for certification under this section, to continue to accept qualified, eligible United States workers for employment after the date the H–2A workers depart for work with the employer. The Secretary’s review of such findings and materials shall lead to the issuance of findings in furtherance of the Congressional policy that aliens not be admitted under this section unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or service needed and that the employment of the aliens in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. In the absence of the enactment of Federal legislation prior to three months before the end of the 3-year period described in clause (i) which addresses the subject matter of this subparagraph, the Secretary shall immediately publish the findings required by this clause, and shall promulgate, on an interim or final basis, regulations based on his findings which shall be effective no later than three years from the effective date of this section. “(iv) In complying with clause (i) of this subparagraph, an association shall be allowed to refer or transfer workers among its members: Provided, That for purposes of this section an association acting as an agent for its members shall not be considered a joint employer merely because of such referral or transfer. “(v) United States workers referred or transferred pursuant to clause (iv) of this subparagraph shall not be treated disparately. “(vi) An employer shall not be liable for payments under section 655.202(b)(6) of title 20, Code of Federal Regulations (or any successor regulation) with respect to an H–2A worker who is displaced due to compliance with the requirement of this subparagraph, if the Secretary of Labor certifies that the H–2A worker was displaced because of the employer’s compliance with clause (i) of this subparagraph. “(vii) (I) No person or entity shall willfully and knowingly withhold domestic workers prior to the arrival of H–2A workers in order to force the hiring of domestic workers under clause (i). “(II) Upon the receipt of a complaint by an employer that a violation of subclause (I) has occurred the Secretary shall immediately investigate. He shall within 36 hours of the receipt of the complaint issue findings concerning the alleged violation. Where the Secretary finds that a violation has occurred, he shall immediately suspend the application of clause (i) of this subparagraph with respect to that certification for that date of need. “(4) Housing.— Employers shall furnish housing in accordance with regulations. The employer shall be permitted at the employer’s option to provide housing meeting applicable Federal standards for temporary labor camps or to secure housing which meets the local standards for rental and/or public accomodations or other substantially similar class of habitation: Provided, That in the absence of applicable local standards, State standards for rental and/or public accomodations or other substantially similar class of habitation shall be met: Provided further, That in the absence of applicable local or State standards, Federal temporary labor camp standards shall apply: Regulations. Animals. Provided further, That the Secretary of Labor shall issue regulations which address the specific requirements of housing for employees principally engaged in the range production of livestock: Provided further, That when it is the prevailing practice in the area and occupation of intended employment to provide family housing, family housing shall be provided to workers with families who request it: And provided further, That nothing in this paragraph shall require an employer to provide or secure housing for workers who are not entitled to it under the temporary labor certification regulations in effect on June 1, 1986. “(d) Roles of Agricultural Associations.— “(1) Permitting filing by agricultural associations.— A petition to import an alien as a temporary agricultural worker, and an application for a labor certification with respect to such a worker, may be filed by an association of agricultural producers which use agricultural services. “(2) Treatment of associations acting as employers.— If an association is a joint or sole employer of temporary agricultural workers, the certifications granted under this section to the association may be used for the certified job opportunities of any of its producer members and such workers may be transferred among its producer members to perform agricultural services of a temporary or seasonal nature for which the certifications were granted. “(3) Treatment of violations.— “(A) Member’s violation does not necessarily disqualify association or other members.— If an individual producer member of a joint employer association is determined to have committed an act that under subsection (b)(2) results in the denial of certification with respect to the member, the denial shall apply only to that member of the association unless the Secretary determines that the association or other member participated in, had knowledge of, or reason to know of, the violation. “(B) Association’s violation does not necessarily disqualify members.— (i) If an association representing agricultural producers as a joint employer is determined to have committed an act that under subsection (b)(2) results in the denial of certification with respect to the association, the denial shall apply only to the association and does not apply to any individual producer member of the association unless the Secretary determines that the member participated in, had knowledge of, or reason to know of, the violation. “(ii) If an association of agricultural producers certified as a sole employer is determined to have committed an act that under subsection (b)(2) results in the denial of certification with respect to the association, no individual producer member of such association may be the beneficiary of the services of temporary alien agricultural workers admitted under this section in the commodity and occupation in which such aliens were employed by the association which was denied certification during the period such denial is in force, unless such producer member employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member. “(e) Expedited Administrative Appeals of Certain Determinations.— (1) Regulations shall provide for an expedited procedure for the review of a denial of certification under subsection (a)(1) or a revocation of such a certification or, at the applicant’s request, for a de novo administrative hearing respecting the denial or revocation. “(2) The Secretary of Labor shall expeditiously, but in no case later than 72 hours after the time a new determination is requested, make a new determination on the request for certification in the case of an H–2A worker if able, willing, and qualified eligible individuals are not actually available at the time such labor or services are required and a certification was denied in whole or in part because of the availability of qualified workers. If the employer asserts that any eligible individual who has been referred is not able, willing, or qualified, the burden of proof is on the employer to establish that the individual referred is not able, willing, or qualified because of employment-related reasons. “(f) Violators Disqualified for 5 Years.— An alien may not be admitted to the United States as a temporary agricultural worker if the alien was admitted to the United States as such a worker within the previous five-year period and the alien during that period violated a term or condition of such previous admission. “(g) Authorizations of Appropriations.— (1) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, $10,000,000 for the purposes— “(A) of recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants Ante, p. 3411. described in section 101(a)(15)(H)(ii)(a), and “(B) of monitoring terms and conditions under which such nonimmigrants (and domestic workers employed by the same employers) are employed in the United States. “(2) The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this section. “(3) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purpose of enabling the Secretary of Labor to make determinations and certifications under this section and under section 8 USC 1182. 212(a)(14). “(4) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purposes of enabling the Secretary of Agriculture to carry out the Secretary’s duties and responsibilities under this section. “(h) Miscellaneous Provisions.— (1) The Attorney General shall provide for such endorsement of entry and exit documents of Ante, p. 3411 nonimmigrants described in section 101(a)(15)(H)(ii) as may be necessary to carry out this section and to provide notice for purposes of Ante, p. 3360. State and local governments. section 274A. “(2) The provisions of subsections (a) and (c) of section 214 and the provisions of this section preempt any State or local law regulating admissibility of nonimmigrant workers. “(i) Definitions.— For purposes of this section: “(1) The term ‘eligible individual’ means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 274A(h)) with respect to that employment. “(2) The term ‘H–2A worker’ means a nonimmigrant described in section 101(a)(15)(H)(ii)(a).”.

2. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 2 · 102 Stat. 2609

   Changed · 8 U.S.C. § 1188

   Pub. L. 100–525, § 2(l)(2)(A), made technical amendment to directory language of Pub. L. 99–603, § 301(c), which enacted this section

   Source evidence

   Code amendment note
   Pub. L. 100–525, § 2(l)(2)(A), made technical amendment to directory language of Pub. L. 99–603, § 301(c), which enacted this section.

   Enacted provision · exact public law section
   SEC. 2. CORRECTIONS RELATING TO THE IMMIGRATION REFORM AND CONTROL ACT OF 1986 (PUBLIC LAW 99–603). (a) Section 101 of IRCA.— (1) Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a), added by section 101(a) of IRCA, is amended as follows: (A) In the third sentence of subsection (b)(1)(A), strike “such sentence” and insert “the first sentence of this paragraph” and strike “such a document” and insert “such another document”. (B) In subsection (d)(3)(D), strike “requiring two years notice and congressional review” and insert “defined”. (C) In subsection (e)— (i) in paragraphs (1) and (3), insert “or (g)(1)” after “subsection (a)” each place it appears, (ii) in paragraph (3), strike “or (5)” each place it appears and insert “, (5), or (6)”, (iii) redesignate paragraphs (6) through (8) as paragraphs (7) through (9), respectively, and (iv) insert after paragraph (5) the following new paragraph: “(6) Order for prohibited indemnity bonds.— With respect to a violation of subsection (g)(1), the order under this subsection may provide for the remedy described in subsection (g)(1).”. (D) In subsection (e)(4)(A), strike “subparagraph, reach place it appears in clauses (ii) and (iii) and insert “paragraph”. (E) In subsection (g)(2), insert “under subsection (e)” after “administrative hearing”. (F) In subsection (i)(3)(B)(iii)— (i) strike “a order” and insert “an order”, and (ii) strike “paragraph (1)(A)” and insert “subsection (a)(1)(A)”. (G) In subsection (j)(1), strike “Act” and insert “section” and strike “of the United States”. (H) In subsection (j)(2), strike “that section” and insert “this section”. (2) Section 101(b)(2) of IRCA is amended by inserting before the period the following: “; except that if the provisions of section 274A of the Immigration and Nationality Act are terminated as of a date under subsection (1) of such section, then such amendments shall no longer apply as of such date”. (b) Section 102 of IRCA.— Section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b), added by section 102(a) of IRCA, is amended— (1) in subsection (a)(1), by inserting “, as defined in section 274A(h)(3)” after “unauthorized alien”; (2) in subsection (e)(3), by striking “said”; (3) in subsection (g)(2)(A), by striking “that that” and inserting “that”; (4) in subsection (g)(2)(B)(ii), by striking “274(b)(5)” and inserting “274A(b)(5)”; (5) in subsection (g)(3), by striking “has not engaged or” and inserting “has not engaged and”; and (6) in subsection (hi), by striking “Attorneys’” and inserting “Attorney’s”. (c) Section 103 of IRCA.— Section 103(a)(4) of IRCA is amended by inserting “not more them” immediately before “$2,000”. (d) Section 112 of IRCA.— (1) Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1), as amended by section 112(a) of IRCA, is amended— (A) by striking “this subsection” and inserting “this paragraph”, and (B) by inserting “or” after “Code,”. (2) Section 112(b) of IRCA is amended— (A) in paragraph (5)— (i) by striking “Federal Maritime Commission” and inserting “Maritime Administration”, and (ii) by inserting “(40 U.S.C. 484(i))” after “1949”; and (B) in paragraph (8)— (i) by inserting “(A)” after “(8)”, and (ii) by adding at the end the following new subparagraph: “(B) by striking out ‘was not entitled to enter, or reside within, the United States’ in paragraph (5)(C) and inserting in lieu thereof ‘had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law’, and”. (e) Section 116 of IRCA.— Section 116 of IRCA is amended— (1) by inserting “, as amended by section 1751(d) of the Anti-Drug Abuse Act of 1986,” after “1357)”, and (2) by redesignating the subsection added by such section as subsection (e). (f) Section 117 or IRCA.— (1) Section 245(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1255(c)(2)), as amended by section 117 of IRCA, is amended— (A) by inserting “or (I)” after “101(a)(27)(H)” (B) by inserting “or” after “no fault of his own”, (C) by striking “not in legal” and inserting “in unlawful”, and (D) by striking “legal status” and inserting “lawful status”. (2) The amendments made by paragraph (1) and by section 117 of 8 USC 1255 note. IRCA shall apply to applications for adjustment of status filed on or after November 6, 1986. (g) Section 121 or IRCA.— Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), as amended by section 121(a)(3) of IRCA, is amended— (1) by redesignating the subsections (c) through (e) added by section 121(a)(3) of IRCA as subsections (h) through (j), respectively; (2) by inserting the following headings after the subsection designation of each such redesignated subsection: (A) subsection (h): “Immigration Status Verification Required.— (B) subsection (i): “Limitations of Enforcement Actions Against Institutions.— ”; and (C) subsection (i): “Validity of Loan Guarantees for Loan Payments Made Before Immigration Status Verification Completed.— (3) in subsection (i), as so redesignated, by striking “(c)(4)(A)(ii)”, “(c)(4)(B))(ii)”, and “(c)(5)(B)” in paragraphs (2), (3), and (4), respectively, and inserting “(h)(4)(A)(ii)”, “(h)(4)(B)(ii)”, and “(h)(5)(B)”, respectively; and (4) in subsection (j), as so redesignated— (A) by striking “subsection (c)” both places it appears and inserting “subsection (h)”, and (B) by striking “date of” and inserting “date”. (h) Section 201 of IRCA.— (1) Section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a), as added by section 201 of IRCA, is amended— (A) in subsection (a)(1)(B), by striking “18-month” and inserting “12-month”; (B) in subsection (b)(1)(D)(ii)— (i) by inserting “or developmentally disabled” after “elderly” in the heading, and (ii) by inserting “or who is developmentally disabled” after “65 years of age or older”; (C) in subsection (c)(1), by amending the second sentence to read as follows: “As used in this section, the term ‘qualified designated entity’ means an organization or person designated under paragraph (2).”; (D) in the first sentence of subsection (c)(5)— (i) in subparagraph (A), by inserting “or for the preparation of reports to Congress under section 404 of the Immigration Reform and Control Act of 1986” after “paragraph (6)”; and (ii) by striking the period at the end and inserting a semicolon and the following: “except that the Attorney General may provide, in the Attorney General’s discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code.”; and (E) in subsection (d)(2)(B)(ii)— (i) in subclause (II), by striking “by an alien other than” and all that follows through “subsection (a)”; and (ii) by adding at the end the following: “Subclause (II) (prohibiting the waiver of section 212(a)(15)) shall not apply to an alien who is or was an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act).”. (2) The first sentence of section 201(c)(2) of IRCA is amended by striking “annuity” and inserting “pay and annuity”. (i) Section 202 or IRCA.— Section 202(a)(2) of IRCA is amended by inserting before the semicolon the following: “and the Attorney General may, in his discretion, waive the grounds for exclusion specified in paragraph (19) of such section”. (j) Section 203 of IRCA.— Section 203(a) of IRCA is amended— (1) by striking “and” at the end of paragraph (1), (2) by redesignating paragraph (2) as paragraph (3), and (3) by inserting after paragraph (1) the following new paragraph: “(2) by inserting ‘under section 212(a)(33) or’ after ‘inadmissible’, and”. (k) Section 204 of IRCA.— Section 204 of IRCA is amended as follows: (1) In subsection (a)(2)(D), strike “for that year” the second place it appears. (2) In subsection (b)(2), strike “the succeeding fiscal year” and insert “any succeeding fiscal year (before fiscal year 1995)”. (3) In subsection (b)(3), strike “(1)(A)” and insert “(1)”. (4) In subsection (b)(4), strike “any of the following fiscal years” and insert “a fiscal year”. (5) In subsection (c)(1)(B), strike “under section 245A(a) of such Act”. (6) In subsection (c)(2)(B), insert “, subject to subparagraph (C),” after “shall”. (7) In subsection (c)(3)(A), strike “section 245A(a) of”. (8) In subsection (e)(1)(A)(ii), strike the first comma. (9) In subsection (f)(2), inserting “of” before “public health”. (10) In subsection (j)(4)— (A) by inserting “210, 210A, or” before “245A”, and (B) by inserting “first” before “granted such status”. (l) Section 301 of IRCA.— (1) Section 301(b) of IRCA is amended by striking “section 216” and inserting “section 218”. (2) Section 301(c) of IRCA is amended— (A) by striking “by adding after section 215” and inserting “by adding at the end”, and (B) by striking “Sec. 216.” and inserting “Sec. 218.”. (3) Section 216(c)(4) of the Immigration and Nationality Act (as 8 USC 1188. added by section 301(c) of IRCA) is amended by striking “accomodations” each place it appears and inserting “accommodations”. (4) Subsections (d), (e), and (f) of section 301 of IRCA are amended by striking “216” and inserting “218”. (5) Section 301(g) of IRCA is amended— (A) by striking “after the item relating to section 215” and inserting “at the end of the items relating to chapter 2 of title n”, and (B) by striking “Sec. 216.” and inserting “Sec. 218.”. (m) Section 302 of IRCA.— Section 210(g) of the Immigration and Nationality Act (8 U.S.C. 1160(g)), added by section 302 of IRCA, is amended by striking “(b)(3)” and inserting “(a)(5)”. (n) Section 303 of IRCA.— (1) Section 210A(a)(8) of the Immigration and Nationality Act (8 U.S.C. 1161(a)(8)), as added by section 303(a) of IRCA, is amended by striking “over-supply” in the heading and inserting “oversupply”. (2) Section 241(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(20)), added by section 303(b)(3) of IRCA, is amended by striking “who becomes”. (3) Section 303 of IRCA is amended by striking subsection (c) and 8 USC 1255a note. by redesignating subsection (d) as subsection (c). (o) Section 312 of IRCA.— (1) Section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(I)), as added by section 312(a) of IRCA, is amended— (A) by striking “the date this subparagraph is enacted” each place it appears and inserting “the date of the enactment of the Immigration Technical Corrections Act of 1988”, and (B) by striking “applies for admission” each place it appears and inserting “applies for a visa or adjustment of status”. (2) Only for purposes of section 101(a)(27)(1) of the Immigration International organizations. 8 USC 1101 note. and Nationality Act, an alien who is or was an officer or employee of an international organization (or is the unmarried son or daughter or surviving spouse of such an officer or employee or former officer or employee) is considered to be residing and physically present in the United States during a period in which the alien is residing in the United States but is absent from the United States because of the officer’s or employee’s need to conduct official business on behalf of the organization or because of customary leave, but only if during the period of the absence the officer or employee continues to have a duty station in the United States and, in the case of such an unmarried son or daughter, the son or daughter is not enrolled in a school outside the United States. (p) Section 313 of IRCA.— (1) Section 313(a) of IRCA is amended 8 USC 1187. by striking “, as amended by section 301(c), is further amended by adding after section 216” and inserting “is amended by inserting after section 215”. (2) Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)), as added by section 313(a) of IRCA, is amended by striking “hereafter” and inserting “hereinafter”. (3) Section 313(c) of IRCA is amended— 8 USC 1255. (A) by striking “, as amended by section 312(b), is further” and inserting “is”, and (B) by striking “(4)” and “(5)” and inserting “(3)” and “(4)”, respectively. (4) Section 313(e) of IRCA is amended by striking “216” and inserting “215”. (q) Section 315 of IRCA.— Section 315 of IRCA is amended— (1) in subsection (b)— (A) by striking “244(b)” and all that follows through “(3)” and inserting “244 (8 U.S.C. 1254) is amended— “(1) in subsection (b), by inserting ‘(1)’ after ‘(b)’ and by adding at the end of subsection (b) the following new paragraph: “(2)”; and (B) by striking the period at the end and inserting and” and the following: “(2) in subsection (c), by striking ‘(1)’ in paragraph (1) and by striking all that follows the first sentence of paragraph (1).; and (2) by adding at the end the following new subsection: “(e) The amendment made by subsection (b)(1) shall apply to applications submitted under section 244 of the Immigration and Nationality Act before, on, or after the date of the enactment of this Act; but shall not apply to aliens removed from the United States before the date of the enactment of this Act.”. (r) Section 601 of IRCA.— Section 601(d)(1) of IRCA is amended by adding at the end the following sentence: “Not more than 1 percent of the amounts appropriated for the Commission may be used, at the sole discretion of the Chairman, for official entertainment.”. (s) Effective Date.— The amendments made by this section shall be effective as if they were included in the enactment of the Immigration Reform and Control Act of 1986.

3. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 2 · 102 Stat. 2609

   Substituted · 8 U.S.C. § 1188(c)(4)

   Pub. L. 100–525, § 2(l)(3), substituted “accommodations” for “accomodations” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 100–525, § 2(l)(3), substituted “accommodations” for “accomodations” wherever appearing.

   Enacted provision · exact public law section
   SEC. 2. CORRECTIONS RELATING TO THE IMMIGRATION REFORM AND CONTROL ACT OF 1986 (PUBLIC LAW 99–603). (a) Section 101 of IRCA.— (1) Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a), added by section 101(a) of IRCA, is amended as follows: (A) In the third sentence of subsection (b)(1)(A), strike “such sentence” and insert “the first sentence of this paragraph” and strike “such a document” and insert “such another document”. (B) In subsection (d)(3)(D), strike “requiring two years notice and congressional review” and insert “defined”. (C) In subsection (e)— (i) in paragraphs (1) and (3), insert “or (g)(1)” after “subsection (a)” each place it appears, (ii) in paragraph (3), strike “or (5)” each place it appears and insert “, (5), or (6)”, (iii) redesignate paragraphs (6) through (8) as paragraphs (7) through (9), respectively, and (iv) insert after paragraph (5) the following new paragraph: “(6) Order for prohibited indemnity bonds.— With respect to a violation of subsection (g)(1), the order under this subsection may provide for the remedy described in subsection (g)(1).”. (D) In subsection (e)(4)(A), strike “subparagraph, reach place it appears in clauses (ii) and (iii) and insert “paragraph”. (E) In subsection (g)(2), insert “under subsection (e)” after “administrative hearing”. (F) In subsection (i)(3)(B)(iii)— (i) strike “a order” and insert “an order”, and (ii) strike “paragraph (1)(A)” and insert “subsection (a)(1)(A)”. (G) In subsection (j)(1), strike “Act” and insert “section” and strike “of the United States”. (H) In subsection (j)(2), strike “that section” and insert “this section”. (2) Section 101(b)(2) of IRCA is amended by inserting before the period the following: “; except that if the provisions of section 274A of the Immigration and Nationality Act are terminated as of a date under subsection (1) of such section, then such amendments shall no longer apply as of such date”. (b) Section 102 of IRCA.— Section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b), added by section 102(a) of IRCA, is amended— (1) in subsection (a)(1), by inserting “, as defined in section 274A(h)(3)” after “unauthorized alien”; (2) in subsection (e)(3), by striking “said”; (3) in subsection (g)(2)(A), by striking “that that” and inserting “that”; (4) in subsection (g)(2)(B)(ii), by striking “274(b)(5)” and inserting “274A(b)(5)”; (5) in subsection (g)(3), by striking “has not engaged or” and inserting “has not engaged and”; and (6) in subsection (hi), by striking “Attorneys’” and inserting “Attorney’s”. (c) Section 103 of IRCA.— Section 103(a)(4) of IRCA is amended by inserting “not more them” immediately before “$2,000”. (d) Section 112 of IRCA.— (1) Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1), as amended by section 112(a) of IRCA, is amended— (A) by striking “this subsection” and inserting “this paragraph”, and (B) by inserting “or” after “Code,”. (2) Section 112(b) of IRCA is amended— (A) in paragraph (5)— (i) by striking “Federal Maritime Commission” and inserting “Maritime Administration”, and (ii) by inserting “(40 U.S.C. 484(i))” after “1949”; and (B) in paragraph (8)— (i) by inserting “(A)” after “(8)”, and (ii) by adding at the end the following new subparagraph: “(B) by striking out ‘was not entitled to enter, or reside within, the United States’ in paragraph (5)(C) and inserting in lieu thereof ‘had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law’, and”. (e) Section 116 of IRCA.— Section 116 of IRCA is amended— (1) by inserting “, as amended by section 1751(d) of the Anti-Drug Abuse Act of 1986,” after “1357)”, and (2) by redesignating the subsection added by such section as subsection (e). (f) Section 117 or IRCA.— (1) Section 245(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1255(c)(2)), as amended by section 117 of IRCA, is amended— (A) by inserting “or (I)” after “101(a)(27)(H)” (B) by inserting “or” after “no fault of his own”, (C) by striking “not in legal” and inserting “in unlawful”, and (D) by striking “legal status” and inserting “lawful status”. (2) The amendments made by paragraph (1) and by section 117 of 8 USC 1255 note. IRCA shall apply to applications for adjustment of status filed on or after November 6, 1986. (g) Section 121 or IRCA.— Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), as amended by section 121(a)(3) of IRCA, is amended— (1) by redesignating the subsections (c) through (e) added by section 121(a)(3) of IRCA as subsections (h) through (j), respectively; (2) by inserting the following headings after the subsection designation of each such redesignated subsection: (A) subsection (h): “Immigration Status Verification Required.— (B) subsection (i): “Limitations of Enforcement Actions Against Institutions.— ”; and (C) subsection (i): “Validity of Loan Guarantees for Loan Payments Made Before Immigration Status Verification Completed.— (3) in subsection (i), as so redesignated, by striking “(c)(4)(A)(ii)”, “(c)(4)(B))(ii)”, and “(c)(5)(B)” in paragraphs (2), (3), and (4), respectively, and inserting “(h)(4)(A)(ii)”, “(h)(4)(B)(ii)”, and “(h)(5)(B)”, respectively; and (4) in subsection (j), as so redesignated— (A) by striking “subsection (c)” both places it appears and inserting “subsection (h)”, and (B) by striking “date of” and inserting “date”. (h) Section 201 of IRCA.— (1) Section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a), as added by section 201 of IRCA, is amended— (A) in subsection (a)(1)(B), by striking “18-month” and inserting “12-month”; (B) in subsection (b)(1)(D)(ii)— (i) by inserting “or developmentally disabled” after “elderly” in the heading, and (ii) by inserting “or who is developmentally disabled” after “65 years of age or older”; (C) in subsection (c)(1), by amending the second sentence to read as follows: “As used in this section, the term ‘qualified designated entity’ means an organization or person designated under paragraph (2).”; (D) in the first sentence of subsection (c)(5)— (i) in subparagraph (A), by inserting “or for the preparation of reports to Congress under section 404 of the Immigration Reform and Control Act of 1986” after “paragraph (6)”; and (ii) by striking the period at the end and inserting a semicolon and the following: “except that the Attorney General may provide, in the Attorney General’s discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code.”; and (E) in subsection (d)(2)(B)(ii)— (i) in subclause (II), by striking “by an alien other than” and all that follows through “subsection (a)”; and (ii) by adding at the end the following: “Subclause (II) (prohibiting the waiver of section 212(a)(15)) shall not apply to an alien who is or was an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act).”. (2) The first sentence of section 201(c)(2) of IRCA is amended by striking “annuity” and inserting “pay and annuity”. (i) Section 202 or IRCA.— Section 202(a)(2) of IRCA is amended by inserting before the semicolon the following: “and the Attorney General may, in his discretion, waive the grounds for exclusion specified in paragraph (19) of such section”. (j) Section 203 of IRCA.— Section 203(a) of IRCA is amended— (1) by striking “and” at the end of paragraph (1), (2) by redesignating paragraph (2) as paragraph (3), and (3) by inserting after paragraph (1) the following new paragraph: “(2) by inserting ‘under section 212(a)(33) or’ after ‘inadmissible’, and”. (k) Section 204 of IRCA.— Section 204 of IRCA is amended as follows: (1) In subsection (a)(2)(D), strike “for that year” the second place it appears. (2) In subsection (b)(2), strike “the succeeding fiscal year” and insert “any succeeding fiscal year (before fiscal year 1995)”. (3) In subsection (b)(3), strike “(1)(A)” and insert “(1)”. (4) In subsection (b)(4), strike “any of the following fiscal years” and insert “a fiscal year”. (5) In subsection (c)(1)(B), strike “under section 245A(a) of such Act”. (6) In subsection (c)(2)(B), insert “, subject to subparagraph (C),” after “shall”. (7) In subsection (c)(3)(A), strike “section 245A(a) of”. (8) In subsection (e)(1)(A)(ii), strike the first comma. (9) In subsection (f)(2), inserting “of” before “public health”. (10) In subsection (j)(4)— (A) by inserting “210, 210A, or” before “245A”, and (B) by inserting “first” before “granted such status”. (l) Section 301 of IRCA.— (1) Section 301(b) of IRCA is amended by striking “section 216” and inserting “section 218”. (2) Section 301(c) of IRCA is amended— (A) by striking “by adding after section 215” and inserting “by adding at the end”, and (B) by striking “Sec. 216.” and inserting “Sec. 218.”. (3) Section 216(c)(4) of the Immigration and Nationality Act (as 8 USC 1188. added by section 301(c) of IRCA) is amended by striking “accomodations” each place it appears and inserting “accommodations”. (4) Subsections (d), (e), and (f) of section 301 of IRCA are amended by striking “216” and inserting “218”. (5) Section 301(g) of IRCA is amended— (A) by striking “after the item relating to section 215” and inserting “at the end of the items relating to chapter 2 of title n”, and (B) by striking “Sec. 216.” and inserting “Sec. 218.”. (m) Section 302 of IRCA.— Section 210(g) of the Immigration and Nationality Act (8 U.S.C. 1160(g)), added by section 302 of IRCA, is amended by striking “(b)(3)” and inserting “(a)(5)”. (n) Section 303 of IRCA.— (1) Section 210A(a)(8) of the Immigration and Nationality Act (8 U.S.C. 1161(a)(8)), as added by section 303(a) of IRCA, is amended by striking “over-supply” in the heading and inserting “oversupply”. (2) Section 241(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(20)), added by section 303(b)(3) of IRCA, is amended by striking “who becomes”. (3) Section 303 of IRCA is amended by striking subsection (c) and 8 USC 1255a note. by redesignating subsection (d) as subsection (c). (o) Section 312 of IRCA.— (1) Section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(I)), as added by section 312(a) of IRCA, is amended— (A) by striking “the date this subparagraph is enacted” each place it appears and inserting “the date of the enactment of the Immigration Technical Corrections Act of 1988”, and (B) by striking “applies for admission” each place it appears and inserting “applies for a visa or adjustment of status”. (2) Only for purposes of section 101(a)(27)(1) of the Immigration International organizations. 8 USC 1101 note. and Nationality Act, an alien who is or was an officer or employee of an international organization (or is the unmarried son or daughter or surviving spouse of such an officer or employee or former officer or employee) is considered to be residing and physically present in the United States during a period in which the alien is residing in the United States but is absent from the United States because of the officer’s or employee’s need to conduct official business on behalf of the organization or because of customary leave, but only if during the period of the absence the officer or employee continues to have a duty station in the United States and, in the case of such an unmarried son or daughter, the son or daughter is not enrolled in a school outside the United States. (p) Section 313 of IRCA.— (1) Section 313(a) of IRCA is amended 8 USC 1187. by striking “, as amended by section 301(c), is further amended by adding after section 216” and inserting “is amended by inserting after section 215”. (2) Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)), as added by section 313(a) of IRCA, is amended by striking “hereafter” and inserting “hereinafter”. (3) Section 313(c) of IRCA is amended— 8 USC 1255. (A) by striking “, as amended by section 312(b), is further” and inserting “is”, and (B) by striking “(4)” and “(5)” and inserting “(3)” and “(4)”, respectively. (4) Section 313(e) of IRCA is amended by striking “216” and inserting “215”. (q) Section 315 of IRCA.— Section 315 of IRCA is amended— (1) in subsection (b)— (A) by striking “244(b)” and all that follows through “(3)” and inserting “244 (8 U.S.C. 1254) is amended— “(1) in subsection (b), by inserting ‘(1)’ after ‘(b)’ and by adding at the end of subsection (b) the following new paragraph: “(2)”; and (B) by striking the period at the end and inserting and” and the following: “(2) in subsection (c), by striking ‘(1)’ in paragraph (1) and by striking all that follows the first sentence of paragraph (1).; and (2) by adding at the end the following new subsection: “(e) The amendment made by subsection (b)(1) shall apply to applications submitted under section 244 of the Immigration and Nationality Act before, on, or after the date of the enactment of this Act; but shall not apply to aliens removed from the United States before the date of the enactment of this Act.”. (r) Section 601 of IRCA.— Section 601(d)(1) of IRCA is amended by adding at the end the following sentence: “Not more than 1 percent of the amounts appropriated for the Commission may be used, at the sole discretion of the Chairman, for official entertainment.”. (s) Effective Date.— The amendments made by this section shall be effective as if they were included in the enactment of the Immigration Reform and Control Act of 1986.

4. 1991

   Pub. L. 102–232 § 307 · 105 Stat. 1733

   Substituted · 8 U.S.C. § 1188(g)(3)

   Pub. L. 102–232, § 307(l)(4), substituted “section 1182(a)(5)(A)(i)” for “section 1182(a)(14)”

   Source evidence

   Code amendment note
   Subsec. (g)(3). Pub. L. 102–232, § 307(l)(4), substituted “section 1182(a)(5)(A)(i)” for “section 1182(a)(14)”.

   Enacted provision · exact public law section
   SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990. (a) Section 212(a) of the INA, as amended by section 601(a) of the Immigration Act of 1990, is amended— 8 USC 1182. (1) in paragraph (1)(A), by adding “or” at the end of clause (ii); (2) in paragraph (3)(A)(i), by inserting “(I)” after “any activity” and by inserting “(II)” after “sabotage or”; (3) in paragraph (3)(B)(iii)(III), by striking “an act of terrorist activity” and inserting “a terrorist activity”; (4) in paragraph (3)(D)(iv), by striking “if the alien” and inserting “if the immigrant”; (5) in paragraph (3)(C)(iv), by striking “identities” and inserting “identity”; (6) in paragraph (5)(C), by striking “preference immigrants” and all that follows through the end and inserting the following: “immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 203(b).”; (7) in paragraph (6)(B)— (A) by striking “who seeks” and inserting “(a) who seeks”, (B) by striking “(or” and inserting “, or (b) who seeks admission”, and (C) by striking “felony)” and inserting “felony,”; (8) in paragraph (6)(E)— (A) by redesignating clause (ii) as clause (iii), and (B) by inserting after clause (i) the following new clause: “(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.”; (9) in paragraph (8)(B), by striking “alien” the first place it appears and inserting “person”; and (10) in paragraph (9)(C)— (A) in clause (i), by striking everything that follows “entry of” and inserting “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 excludable until the child is surrendered to the person granted custody by that order.”, and (B) in clause (ii), by striking “to an alien who” and all that follows through “signatory” and inserting “so long as the child is located in a foreign state that is a party”. (b) Section 212(c) of the INA, as amended by section 601(d)(1) of the Immigration Act of 1990, is amended by striking “subparagraphs 8 USC 1182. (A), (B), (C), or (E) of paragraph (3)” and inserting “paragraphs (3) and (9)(C)”. (c) Section 212(d)(3) of the INA, as amended by section 601(d)(2)(B)(i) of the Immigration Act of 1990, is amended— (1) by striking “(3)(A),” and inserting “(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),” each place it appears, and (2) by striking “(3)(D)” and inserting “(3)(E)” each place it appears. (d) Section 212(d)(ll) of the IN A, as added by section 601(d)(2)(F) of the Immigration Act of 1990, is amended by inserting “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)” after “section 211(b)”. (e) Section 212(g)(1) of the INA, as amended by section 601(d)(3) of the Immigration Act of 1990, is amended by striking “section (a)(1)(A)(i)” and inserting “subsection (a)(1)(A)(i)”. (f) Section 212(h) of the INA, as amended by section 601(d)(4) of the Immigration Act of 1990, is amended— (1) in the matter before paragraph (1), by striking “in the case of ” and all that follows through “permanent residence”; and (2) in paragraph (1)— (A) in the matter before subparagraph (A), by inserting “(A) in the case of any immigrant” after “(1)”, (B) by striking “and” at the end of subparagraph (A), (C) by striking “and” at the end of subparagraph (C) and inserting “or”, (D) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and (E) by adding at the end the following: “(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 exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; and”. (g) Section 212(i) of the INA, as amended by section 601(d)(5) of the Immigration Act of 1990, is amended by striking “alien” and “alien’s” each place it appears and inserting “immigrant” and “immigrant’s”, respectively. (h) Section 241(a) of the INA, as amended by section 602(a) of the Immigration Act of 1990, is amended— 8 USC 1251. (1) by striking “deportable as being”, and by inserting “deportable” after “the following classes of”; (2) in paragraph (1)(D)(i), by inserting “respective” after “terminated under such”; (3) in paragraph (1)(E)(i), by inserting “any” before “entry” the second and third places it appears; (4) in paragraph (1)(E), by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: “(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.”; (5) in paragraph (1)(G), by striking “212(a)(5)(C)(i)” and inserting “212(a)(6)(C)(i)”; (6) in paragraph (1)(H), by striking “paragraph (6) or (7)” and inserting “paragraph (4)(D)”; (7) in paragraph (2)(D), by inserting “or attempt” after “conspiracy”; (8) in paragraph (3), by adding at the end the following: “(C) Document fraud.— Any alien who is the subject of a final order for violation of section 274C is deportable.”; (9) in subparagraphs (A) and (B) of paragraph (4), by striking “after entry has engaged” and inserting “after entry engages”; and (10) in paragraph (4)(C)(ii), by striking “excluability” and inserting “excludability”. (i) Section 102 of the INA, as amended by section 603(a)(2) of the Immigration Act of 1990, is amended by striking “paragraph (3) 8 USC 1102. (other than subparagraph (E)) of section 212(a)” each place it appears and inserting “subparagraphs (A) through (C) of section 212(a)(3)”. (j) Effective as if included in section 603(a)(5) of the Immigration Effective date. 8 USC 1160. 8 use 1160. Act of 1990, section 21003)(7)(B) of the INA is amended by striking “212(a)(19)” and inserting “212(a)(6)(C)(i)”. (k) Effective as if included in section 602(b) of the Immigration Act Effective date. 8 USC 1251. of 1990, section 241 of the INA is amended— (1) by striking subsection (d), and (2) in the subsection (h) (added by section 153(b) of the Immigration Act of 1990) by striking “exist” and inserting “existed” and by redesignating the subsection as subsection (c). (l) Effective as if included in section 603(a) of the Immigration Act Effective date. of 1990: (1) Sections 207(c)(3) and 209(c) of the INA, as amended by section 603(a)(4)(B) of the Immigration Act of 1990, are each 8 USC 1157, 1159. amended by striking “subparagraphs (A)” and inserting “subparagraph (A)”. (2) Section 210A(e)(2)(B) of the INA is amended by striking 8 USC 1161. clauses (iii) and (iv) and inserting the following: “(iii) Paragraph (3) (relating to security and related grounds).”. (3) Section 217(a) of the INA is amended by striking “(26)(B)” 8 USC 1187. and inserting “(7)(B)(i)(II)”. (4) Section 218(g)(3) of the INA is amended by striking 8 USC 1188. “212(a)(14)” and inserting “212(a)(5)(A)(i)”. (5) Section 244A(c) of the INA, as inserted by section 302(a) of the Immigration Act of 1990, is amended— 8 USC 1254a. (A) in paragraph (2)(A)(iii)(I), by striking “paragraphs (9) and (10)” and inserting “paragraphs (2)(A) and (2)(B)”; and (B) by amending subclause (III) of paragraph (2)(A)(iii) to read as follows: “(III) Paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide).”. (6) Section 245A(d)(2)(B)(ii) of the INA is amended— 8 USC 1255a. (A) by striking subclause (IV), (B) by redesignating subclause (II) as subclause (IV) and by transferring and inserting it after clause (III), (C) by redesignating subclause (III) as subclause (II), (D) by inserting after subclause (II) (as so redesignated) the following new subclause: “(III) Paragraph (3) (relating to security and related grounds).”, and (E) by striking “Subclause (II)” and inserting “Subclause (IV)”. (7) Section 272(a) of the INA is amended by striking the 8 USC 1322. comma before “shall pay”. (8) Section 584(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as amended by section 603(a)(20)(B) of the Immigration Act of 1990, 8 USC 1101 note. is amended by striking “(D)” and inserting “(E)”. (9) Section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended by striking “(23)(B), (27), (29), or (33)” and 8 USC 1255 note. inserting “(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)”. (10) Section 2(a)(3) of the Immigration Nursing Relief Act of 1989 is amended by striking “212(a)(14)” and inserting 8 USC 1255 note. “212(a)(5)(A)”. (m) Effective as if included in section 603(b) of the Immigration Effective date. Act of 1990— (1) paragraph (4)(B) of such section is amended by striking “in 8 USC 1254. paragraph (2)”, and (2) section 242(e) of the INA is amended by striking “paragraphs 8 USC 1252. (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)” and inserting “paragraph (2), (3), or (4)”.

   Effective date note
   Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(8) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102–232.

5. 1991

   Pub. L. 102–232 § 309(b)(8) · 105 Stat. 1733

   1. Amended · 8 U.S.C. § 1188(i)(1)

      Pub. L. 102–232, § 309(b)(8), as amended by Pub. L. 103–416

   2. Substituted · 8 U.S.C. § 1188(i)(1)

      Pub. L. 102–232, § 309(b)(8), as substituted “1324a(h)(3)” for “1324a(h)”

   Source evidence

   Code amendment note
   Subsec. (i)(1). Pub. L. 102–232, § 309(b)(8), as amended by Pub. L. 103–416, substituted “1324a(h)(3)” for “1324a(h)”.

   Enacted provision · exact public law section
   (8) Section 218(i)(l) of the INA is amended by striking “274A(g)” 8 USC 1188. and inserting “274A(h)(3)”.

   Effective date note
   Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(8) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102–232.

6. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 title II § 219(z)(8) · 108 Stat. 4305

   Changed · 8 U.S.C. § 1188(i)(1)

   Pub. L. 103–416 made technical correction to directory language of Pub. L. 102–232, § 309(b)(8). See 1991 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (i)(1). Pub. L. 103–416 made technical correction to directory language of Pub. L. 102–232, § 309(b)(8). See 1991 Amendment note below.

   Enacted provision · exact public law section
   (8) section 309(b)(8) of such Act is amended by striking “274A(g)” and inserting “274A(h)”; and

   Effective date note
   Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(8) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102–232.

7. 1999

   Pub. L. 106–78 § 748(1) · 113 Stat. 1135

   Substituted · 8 U.S.C. § 1188(c)(1)

   Pub. L. 106–78, § 748(1), substituted “45 days” for “60 days”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 106–78, § 748(1), substituted “45 days” for “60 days”.

   Enacted provision · exact public law section
   (1) in section 218(c)(1) by striking “60 days” and inserting 8 USC 1188. “45 days”; and

8. 1999

   Pub. L. 106–78 § 748(2) · 113 Stat. 1135

   Substituted · 8 U.S.C. § 1188(c)(3)(A)

   Pub. L. 106–78, § 748(2), substituted “30 days” for “20 days” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 106–78, § 748(2), substituted “30 days” for “20 days” in introductory provisions.

   Enacted provision · exact public law section
   (2) in section 218(c)(3)(A) by striking “20 days” and inserting “30 days”.

9. 2000

   Consolidated Appropriations Act, 2001

   Pub. L. 106–554 § 1(a)(1)(tI)(s105) · 114 Stat. 2763

   Inserted · 8 U.S.C. § 1188(c)(4)

   Pub. L. 106–554 inserted at end “The determination as to whether the housing furnished by an employer for an H–2A worker meets the requirements imposed by this paragraph must be made prior to the date specified in paragraph (3)(A) by which the Secretary of Labor is required to make a certification described in subsection (a)(1) with respect to a petition for the importation of such worker.”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 106–554 inserted at end “The determination as to whether the housing furnished by an employer for an H–2A worker meets the requirements imposed by this paragraph must be made prior to the date specified in paragraph (3)(A) by which the Secretary of Labor is required to make a certification described in subsection (a)(1) with respect to a petition for the importation of such worker.”

   Enacted provision · exact public law section
   (1) H.R. 5656, as introduced on December 14, 2000.

10 of 10 references resolved to an enrolled provision