title (other than a fishing vessel having its home port or an operating base in the United States), or aircraft, who intends to land temporarily and solely in pursuit of his calling as a crewman and to depart from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft;

[See main edition for text of (ii)]

(E) an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him; (i) solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national; or (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital;

[See main edition for text of (F) and (G)]

(H) an alien (i)(a) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 1182(m)(1) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 1182(m)(2) of this title for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien's employer or controlled by the employer) for which the alien will perform the services, or (b) subject to section 1182(j)(2) of this title, who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this title or as a fashion model, who meets the requirements for the occupation specified in section 1184(i)(2) of this title or, in the case of a fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application under section 1182(n)(1) of this title; or (ii)(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of title 26 and agriculture as defined in section 203(f) of title 29, of a temporary or seasonal nature, or (b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to

perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or (iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other than to receive graduate medical education or training, in a training program that is not designed primarily to provide productive employment; and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him;

[See main edition for text of (I) to (K)]

(L) an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corpora tion or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him;

(M)(i) an alien having a residence in a foreign country which he has no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language training program) in the United States particularly designated by him and approved by the Attorney General, after consultation with the Secretary of Education, which institution shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him;

(N)(i) the parent of an alien accorded the status of special immigrant under paragraph (27)(1)(i), but only if and while the alien is a child, or

(ii) a child of such parent or of an alien accorded the status of a special immigrant under clause (ii), (iii), or (iv) of paragraph (27)(I);

(O) an alien who

(i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and

seeks to enter the United States to continue work in the area of extraordinary ability; or (ii)(I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events,

(II) is an integral part of such actual performance,

(III)(a) has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production, and

(IV) has a foreign residence which the alien has no intention of abandoning; or

(iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the

alien;

(P) an alien having a foreign residence which the alien has no intention of abandoning who

(i)(a) is described in section 1184(c)(4)(A) of this title (relating to athletes), or (b) is described in section 1184(c)(4)(B) of this title (relating to entertainment groups);

(ii)(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and

(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or with such a group under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or organizations in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers;

(iii)(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and

(II) seeks to enter the United States temporarily and solely to perform, teach, or coach as such an artist or entertainer or with such a group under a commercial or noncommercial program that is culturally unique; or

(iv) is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the

alien;

(Q) an alien having a residence in a foreign country which he has no intention of aban

doning who is coming temporarily (for a period not to exceed 15 months) to the United States as a participant in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the alien's nationality and who will be employed under the same wages and working conditions as domestic workers; or

(R) an alien, and the spouse and children of the alien if accompanying or following to join the alien, who

(i) for the 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; and

(ii) seeks to enter the United States for a period not to exceed 5 years to perform the work described in subclause (I), (II), or (III) of paragraph (27)(C)(ii).

[See main edition for text of (16) to (18)]

(19) The term "ineligible to citizenship," when used in reference to any individual, means, notwithstanding the provisions of any treaty relating to military service, an individual who is, or was at any time permanently debarred from becoming a citizen of the United States under section 3(a) of the Selective Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or under section 4(a) of the Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat. 76) [50 App. U.S.C. 454(a)], or under any section of this chapter, or any other Act, or under any law amendatory of, supplementary to, or in substitution for, any of such sections or Acts.

[See main edition for text of (20) to (23)] (24) Repealed. Pub. L. 102-232, title III, § 305(m)(1), Dec. 12, 1991, 105 Stat. 1750.

[See main edition for text of (25) and (26)] (27) The term "special immigrant" means

[See main edition for text of (A) and (B)]

(C) an immigrant, and the immigrant's spouse and children if accompanying or following to join the immigrant, who

(i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States;

(ii) seeks to enter the United States

(I) solely for the purpose of carrying on the vocation of a minister of that religious denomination,

(II) before October 1, 1994, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or

(III) before October 1, 1994, in order to work for the organization (or for a bona fide organization which is affiliated with

[See main edition for text of (D) to (G)]

(H) an immigrant, and his accompanying spouse and children, who

[See main edition for text of (i) to (iii)]

(iv) has been continuously present in the United States in the practice or study of medicine since the date of such entry;

(I) [See main edition for text of (i)]

(ii) an immigrant who is the surviving spouse of a deceased officer or employee of such an international organization, and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the death of such officer or employee, and (II) files a petition for status under this subparagraph no later than six months after the date of such death or six months after October 24, 1988, whichever is later;

(iii) an immigrant who is a retired officer or employee of such an international organization, and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the officer or employee's retirement from any such international organization, and (II) files a petition for status under this subparagraph before January 1, 1993, and no later than six months after the date of such retirement or six months after October 24, 1988, whichever is later; or

(iv) an immigrant who is the spouse of a retired officer or employee accorded the status of special immigrant under clause (iii), accompanying or following to join such retired officer or employee as a member of his immediate family;

(J) an immigrant (i) who has been declared dependent on a juvenile court located in the United States and has been deemed eligible by that court for long-term foster care, and (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last

habitual residence; except that no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or

(K) an immigrant who has served honorably on active duty in the Armed Forces of the United States after October 15, 1978, and after original lawful enlistment outside the United States (under a treaty or agreement in effect on October 1, 1991) for a period or periods aggregating

(i) 12 years and who, if separated from such service, was never separated except under honorable conditions, or

(ii) 6 years, in the case of an immigrant who is on active duty at the time of seeking special immigrant status under this subparagraph and who has reenlisted to incur a total active duty service obligation of at least 12 years,

and the spouse or child of any such immigrant if accompanying or following to join the immigrant, but only if the executive department under which the immigrant serves or served recommends the granting of special immigrant status to the immigrant.

[See main edition for text of (28) to (35)]

(36) The term "State" includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States.

[See main edition for text of (37) to (42)]

(43) The term "aggravated felony" means murder, any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including any drug trafficking crime as defined in section 924(c)(2) of title 18, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, any offense described in section 1956 of title 18 (relating to laundering of monetary instruments), or any crime of violence (as defined in section 16 of title 18, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years, or any attempt or conspiracy to commit any such act. Such term applies to offenses described in the previous sentence whether in violation of Federal or State law and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years.

(44)(A) The term "managerial capacity" means an assignment within an organization in which the employee primarily

(i) manages the organization, or a department, subdivision, function, or component of the organization;

(ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

(iii) if another employee or other employees are directly supervised, has the authority to

hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

(iv) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.

(B) The term "executive capacity" means an assignment within an organization in which the employee primarily—

(i) directs the management of the organization or a major component or function of the organization;

(ii) establishes the goals and policies of the organization, component, or function;

(iii) exercises wide latitude in discretionary decision-making; and

(iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

(C) If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the Attorney General shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. An individual shall not be considered to be acting in a managerial or executive capacity (as previously defined) merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.

(45) The term "substantial" means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.

(46) The term "extraordinary ability" means, for purposes of subsection (a)(15)(O)(i) of this section, in the case of the arts, distinction. (b) As used in subchapters I and II of this chapter

or

[See main edition for text of (1)] (2) The terms "parent", "father", "mother" mean a parent, father, or mother only where the relationship exists by reason of any of the circumstances set forth in subdivision (1) of this subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term "parent" does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption.

[See main edition for text of (3) to (5)]

(c) As used in subchapter III of this chapter(1) The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 1431, 1432, and 1433 of this title, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of sixteen years, and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.

[See main edition for text of (2); (d) and (e)]

(f) For the purposes of this chapter

No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established is, or was

[See main edition for text of (1) and (2)]

(3) a member of one or more of the classes of persons, whether excludable or not, described in paragraphs (2)(D), (6)(E), and (9)(A) of section 1182(a) of this title; or subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof of such section (except as such paragraph_relates to a single offense of simple possession of 30 grams or less of marihuana), if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period;

[See main edition for text of (4) to (7)]

(8) one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43) of this section).

The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character.

[See main edition for text of (g)]

(h) For purposes of section 1182(a)(2)(E) of this title, the term "serious criminal offense"

means

(1) any felony;

(2) any crime of violence, as defined in section 16 of title 18; or

(3) any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another. (As amended Nov. 21, 1989, Pub. L. 101-162, title VI, § 611(a), 103 Stat. 1038; Dec. 18, 1989, Pub. L. 101-238, § 3(a), 103 Stat. 2100; Feb. 16, 1990, Pub. L. 101-246, title I, § 131(b), 104 Stat. 31; Nov. 29, 1990, Pub. L. 101-649, title I, §§ 123, 151(a), 153(a), 162(f)(2)(A), title II, §§ 203(c), 204(a), (c), 205(c)(1), (d), (e), 206(c), 207(a), 208,

So in original. The phrase "of such section" probably should not appear.

CODIFICATION

AMENDMENTS

1991-Subsec. (a)(15)(D)(i). Pub. L. 102-232, § 309(b)(1), inserted a comma after "States)". Subsec.

(a)(15)(H)(i)(b). Pub. L. 102-232, § 303(a)(7)(A), struck out ", and had approved by," after "has filed with".

Pub. L. 102-232, § 303(a)(5)(A), inserted "subject to section 1182(j)(2) of this title," after “or (b)".

Pub. L. 102-232, § 207(b), inserted "or as a fashion model" after "section 1184(i)(1) of this title" and "or, in the case of a fashion model, is of distinguished merit and ability" after "section 1184(i)(2) of this title".

Subsec. (a)(15)(O)(i). Pub. L. 102-232, § 205(b), struck out before semicolon at end", but only if the Attorney General determines that the alien's entry into the United States will substantially benefit prospectively the United States".

Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, § 205(c), substituted "significant production (including pre- and post-production work)" for "significant principal photography".

Subsec. (a)(15)(P)(i). Pub. L. 102-232, § 203(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows:

"(I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or performs as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time and has had a sustained and substantial relationship with that group over a period of at least 1 year and provides functions integral to the performance of the group, and

"(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic competition or performance;".

Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, § 206(b), (c)(1), inserted "or organizations" after "and an organization" and struck out before semicolon at end", between the United States and the foreign states involved".

Subsec. (a)(15)(P)(iii)(II). Pub. L. 102-232, § 206(d), substituted "to perform, teach, or coach" for "for the purpose of performing" and inserted "commercial or noncommercial" before "program".

Subsec. (a)(15)(Q). Pub. L. 102-232, § 303(a)(14), substituted "approved" for "designated".

Subsec. (a)(24). Pub. L. 102-232, § 305(m)(1), struck out par. (24) which defined "naturalization court".

Subsec. (a)(27)(D)(D(II), (iii)(II). Pub. L. 102-232, § 302(e)(8)(A), substituted "files a petition for status" for "applies for a visa or adjustment of status".

Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).

Subsec. (a)(43). Pub. L. 102-232, § 306(a)(1), struck out comma before period at end of first sentence. Subsec. (a)(46). Pub. L. 102-232, § 205(a), added par. (46).

Subsec. (c)(1). Pub. L. 102-232, § 309(b)(4), struck out reference to section 1434.

1990-Subsec. (a)(15)(D)(i). Pub. L. 101-649, § 203(c), substituted "a capacity" for "any capacity" and inserted", as defined in section 1288(a) of this title" after "on board a vessel".

Subsec. (a)(15)(E)(i). Pub. L. 101-649, § 204(a), inserted", including trade in services or trade in technology" after "substantial trade”.

Subsec. (a)(15)(H). Pub. L. 101-649, § 205(e)(1), struck out "having a residence in a foreign country which he has no intention of abandoning" after "an alien".

Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, § 162(f)(2)(A), substituted "for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the work. site is not the alien's employer or controlled by the employer) for which the alien will perform the services, or" for "for the facility for which the alien will perform the services, or".

Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, § 205(c)(1), substituted "who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(1)(1) of this title, who meets the requirements for the occupation specified in section 1184(i)(2) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with, and had approved by, the Secretary an application under section 1182(n)(1) of this title" for "who is of distinguished merit and ability and who is coming temporarily to the United States to perform services (other than services as a registered nurse) of an exceptional nature requiring such merit and ability, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, 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".

Subsec. (a)(15)(H)(ii). Pub. L. 101-649, § 205(e)(2), (3), substituted "(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States" for "who is coming temporarily to the United States (a)", and in subcl. (b) inserted "having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States" after "(b)".

Subsec. (a)(15)(H)(iii). Pub. L. 101-649, § 205(e)(4), inserted "having a residence in a foreign country which he has no intention of abandoning" after "(iii)”. Pub. L. 101-649, § 205(d), inserted ", in a training program that is not designed primarily to provide productive employment" before semicolon at end.

Subsec. (a)(15)(L). Pub. L. 101-649, § 206(c), substituted "within 3 years preceding" for "immediately preceding".

Subsec. (a)(15)(O), (P). Pub. L. 101-649, § 207(a), added subpars. (O) and (P).

Subsec. (a)(15)(Q). Pub. L. 101-649, § 208, added subpar. (Q).

Subsec. (a)(15)(R). Pub. L. 101-649, § 209(a), added subpar. (R).

Subsec. (a)(27)(C). Pub. L. 101-649, § 151(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "(i) an immigrant who continuous. ly for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religious denomination having a bona fide organization in the United