209(a), title IV, § 407(a)(2), title V, §§ 501(a), 509(a), title VI, § 603(a)(1), 104 Stat. 4995, 5004, 5005, 5012, 5018-5020, 5022, 5023, 5026, 5027, 5040, 5048, 5051, 5082; Oct. 1, 1991, Pub. L. 102-110, § 2(a), 105 Stat. 555; Dec. 12, 1991, Pub. L. 102-232, title II, §§ 203(a), 205(a)-(c), 206(b), (c)(1), (d), 207(b), title III, §§ 302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1), 306(a)(1), 309(b)(1), (4), 105 Stat. 1737, 1740, 1741, 1746-1748, 1750, 1751, 1758.) CODIFICATION Subsec. (a)(19) is set out in this supplement to correct typographical error appearing in the main edi. tion. 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: 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)(1)(ii)(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 worksite 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 continuously 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 States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him;". Subsec. (a)(27)(J). Pub. L. 101-649, § 153(a), added subpar. (J). Subsec. (a)(36). Pub. L. 101-649, § 407(a)(2), struck out "(except as used in section 1421(a) of this title)" after "includes". Subsec. (a)(43). Pub. L. 101-649, § 501(a)(6), inserted "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" after "Federal or State law". Pub. L. 101-649, § 501(a)(5), inserted at end "Such term applies to offenses described in the previous sentence whether in violation of Federal or State law." Pub. L. 101-649, § 501(a)(4), struck out "committed within the United States" after "to commit any such act,". Pub. L. 101-649, § 501(a)(3), inserted "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," after "section 921 of such title,". Pub. L. 101-649, § 501(a)(2), inserted "any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including" after "murder,". Pub. L. 101-649, § 501(a)(1), aligned margin of par. (43). Subsec. (a)(44). Pub. L. 101-649, § 123, added par. (44). Subsec. (a)(45). Pub. L. 101-649, § 204(c), added par. (45). Subsec. (f)(3). Pub. L. 101-649, § 603(a)(1)(A), substituted "paragraphs (2)(D), (6)(E), and (9)(A)" for "paragraphs (11), (12), and (31)". Pub. L. 101-649, § 603(a)(1)(B), substituted "subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof" for "paragraphs (9) and (10) of section 1182(a) of this title and paragraph (23)". Subsec. (f)(8). Pub. L. 101-649, § 509(a), substituted "an aggravated felony (as defined in subsection (a)(43) of this section)" for "the crime of murder". Subsec. (h). Pub. L. 101-649, § 603(a)(1)(C), substituted "1182(a)(2)(E) of this title" for "1182(a)(34) of this title". Pub. L. 101-246 added subsec. (h). 1989-Subsec. (a)(15)(H)(i). Pub. L. 101-238 added subcl. (a), designated existing provisions as subcl. (b), and inserted "(other than services as a registered nurse)" after "to perform services". Subsec. (b)(2). Pub. L. 101-162 inserted before period at end", 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". of this title] are effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101-649. Section 310 of Pub. L. 102-232 provided that: "Except as otherwise specifically provided, the amendments made by (and provisions of)— EFFECTIVE DATE OF 1991 AMENDMENTS Section 208 of title II of Pub. L. 102-232 provided that: "The provisions of, and amendments made by, this title [amending this section and section 1184 of this title and enacting provisions set out as notes under this section and section 1184 of this title] shall take effect on April 1, 1992." Section 302(e)(8) of Pub. L. 102-232 provided that the amendments made by that section [amending this section and sections 1186a and 1201 of this title] are effective as if included in section 162(e) of the Immigration Act of 1990, Pub. L. 102-649. Section 305(m) of Pub. L. 102-232 provided that the amendments made by that section [amending this section and sections 1423, 1433, 1441, 1443, 1445, and 1452 "(1) sections 302 through 308 [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1357, 1421, 1423, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and section 3753 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1251, 1252, 1254a, and 1255 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] shall take effect as if included in the enactment of the Immigration Act of 1990 [Pub. L. 101-649], EFFECTIVE DATE OF 1990 AMENDMENT Section 161 of title I of Pub. L. 101-649, as amended by Pub. L. 102-110, § 4, Oct. 1, 1991, 105 Stat. 557; Pub. L. 102-232, title III, § 302(e)(1), (2), Dec. 12, 1991, 105 Stat. 1745, provided that: "(a) IN GENERAL.-Except as otherwise provided in this title, this title and the amendments made by this title [enacting section 1186b of this title, amending this section, sections 1103, 1151 to 1154, 1157, 1159, 1182, 1251, 1254, 1255, and 1325 of this title, section 3304 of Title 26, Internal Revenue Code, and section 1382c of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1152, 1153, 1159, 1182, 1201, and 1251 of this title, and amending provisions set out as notes under section 1255 of this title] shall take effect on October 1, 1991, and apply beginning with fiscal year 1992. "(b) PROVISIONS TAKING EFFECT UPON ENACTMENT.The following sections (and amendments made by such sections) shall take effect on the date of the enactment of this Act [Nov. 29, 1990] and (unless otherwise provided) apply to fiscal year 1991: "(1) Section 103 [enacting provisions set out as a note under section 1152 of this title] (relating to per country limitation for Hong Kong). "(2) Section 104 [amending sections 1157 and 1159 of this title and enacting provisions set out as notes under section 1159 of this title] (relating to asylee adjustments). "(3) Section 124 [enacting provisions set out as a note under section 1153 of this title] (relating to transition for employees of certain U.S. businesses in Hong Kong). "(4) Section 133 [enacting provisions set out as a note under section 1153 of this title] (relating to one-year diversity transition for aliens who have been notified of availability of NP-5 visas). "(5) Section 134 [enacting provisions set out as a note under section 1153 of this title] (relating to transition for displaced Tibetans). "(6) Section 153 [amending this section and section 1251 of this title and enacting provisions set out as a note under section 1251 of this title] (relating to spe cial immigrants who are dependent on a juvenile court). "(7) Section 154 [enacting provisions set out as a note under section 1201 of this title] (permitting extension of validity of visas for certain residents of Hong Kong). "(8) Section 155 [enacting provisions set out as a note under section 1153 of this title] (relating to expedited issuance of Lebanese second and fifth preference visas). "(9) Section 162(b) [amending section 1154 of this title] (relating to immigrant visa petitioning process), but only insofar as such section relates to visas for fiscal years beginning with fiscal year 1992. "(c) GENERAL TRANSITIONS.— "(1) In the case of a petition filed under section 204(a) of the Immigration and Nationality Act [8 U.S.C. 1154(a)] before October 1, 1991, for preference status under section 203(a)(3) or section 203(a)(6) of such Act [8 U.S.C. 1153(a)(3), (6)] (as in effect before such date) or an application for labor certification before such date under section 212(a)(14) [8 U.S.C. 1182(a)(14)]— "(A) in order to maintain the priority date with respect to such a petition or application, the petitioner must file (by not later than October 1, 1993, or 60 days after the date of certification in the case of labor certifications filed in support of the petition under section 212(a)(14) of such Act before October 1, 1991, but not certified until after October 1, 1993) a new petition for classification of the employment under paragraph (1), (2), or (3) of section 203(b) of such Act (as amended by this title), and "(B) any labor certification under section 212(a)(5)(A) of such Act required with respect to the new petition shall be deemed approved if the labor certification with respect to the previous petition was previously approved under section 212(a)(14) of such Act. In the case of a petition filed under section 204(a) of such Act before October 1, 1991, but which is not described in paragraph (4), and for which a filing fee was paid, any additional filing fee shall not exceed one-half of the fee for the filing of the new petition referred to in subparagraph (A). "(2) Any petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1991, for preference status under section 203(a)(4) or section 203(a)(5) of such Act (as in effect before such date) shall be deemed, as of such date, to be a petition filed under such section for preference status under section 203(a)(3) or section 203(a)(4), respectively, of such Act (as amended by this title). "(3) In the case of an alien who is described in section 203(a)(8) of the Immigration and Nationality Act (as in effect before October 1, 1991) as the spouse or child of an alien described in section 203(a)(3) or 203(a)(6) of such Act and who would be entitled to enter the United States under such section 203(a)(8) but for the amendments made by this section, such an alien shall be deemed to be described in section 203(d) of such Act as the spouse or child an an alien described in section 203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act with the same priority date as that of the principal alien. "(4)(A) Subject to subparagraph (B), any petition filed before October 1, 1991, and approved on any date, to accord status under section 203(a)(3) or 203(a)(6) of the Immigration and Nationality Act (as in effect before such date) shall be deemed, on and after October 1, 1991 (or, if later, the date of such approval), to be a petition approved to accord status under section 203(b)(2) or under the appropriate classification under section 203(b)(3), respectively, of such Act (as in effect on and after such date). Nothing in this subparagraph shall be construed as exempting the beneficiaries of such petitions from the numerical limitations under section 203(b)(2) or 203(b)(3) of such Act. "(B) Subparagraph (A) shall not apply more than two years after the date the priority date for issuance of a visa on the basis of such a petition has been reached. "(d) ADMISSIBILITY STANDARDS.-When an immigrant, in possession of an unexpired immigrant visa issued before October 1, 1991, makes application for admission, the immigrant's admissibility under paragraph (7)(A) of section 212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(7)(A)] shall be determined under the provisions of law in effect on the date of the issuance of such visa. "(e) CONSTRUCTION.-Nothing in this title [see subsec. (a) above] shall be construed as affecting the provisions of section 19 of Public Law 97-116 [8 U.S.C. 1151 note], section 2(c)(1) of Public Law 97-271 [8 U.S.C. 1255 note], or section 202(e) of Public Law 99-603 [8 U.S.C. 1255a note]." [Section 4 of Pub. L. 102-110 provided that the amendment made by that section, adding pars. (3) and (4) to section 161(c) of Pub. L. 101-649, set out above, is effective as if included in the Immigration Act of 1990, Pub. L. 101-649.] Section 162(f)(3) of Pub. L. 101-649 provided that: "The amendments made by this subsection (amending this section, section 1182 of this title, and provisions set out as a note under section 1255 of this title] shall apply as though included in the enactment of the Immigration Nursing Relief Act of 1989 [Pub. L. 101-238]." Section 203(d) of Pub. L. 101-649 provided that: "The amendments made by this section [enacting section 1288 of this title and amending this section and section 1281 of this title] shall apply to services performed on or after 180 days after the date of the enactment of this Act [Nov. 29, 19901." Section 231 of title II of Pub. L. 101-649 provided that: "Except as otherwise provided in this title, this title, and the amendments made by this title [enacting section 1288 of this title, amending this section and sections 1182, 1184, 1187, 1281, and 1323 of this title, and enacting provisions set out as notes under this section and sections 1182, 1184, 1187, and 1288 of this title], shall take effect on October 1, 1991, except that sections 222 and 223 [enacting provisions set out as notes under this section] shall take effect on the date of the enactment of this Act [Nov. 29, 1990]." Amendment by section 407(a)(2) of Pub. L. 101-649 effective Nov. 29, 1990, with general savings provisions, see section 408(a)(3), (d) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment; Savings Provisions note under section 1421 of this title. Section 501(b) of Pub. L. 101-649 provided that: "The amendments made by subsection (a) [amending this section] shall apply to offenses committed on or after the date of the enactment of this Act [Nov. 29, 1990], except that the amendments made by paragraphs (2) and (5) of subsection (a) shall be effective as if included in the enactment of section 7342 of the Anti-Drug Abuse Act of 1988 [Pub. L. 100-690].” Section 509(b) of Pub. L. 101-649, as amended by Pub. L. 102-232, title III, § 306(a)(7), Dec. 12, 1991, 105 Stat. 1751, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act (Nov. 29, 1990] and shall apply to convictions occurring on or after such date, except with respect to conviction for murder which shall be considered a bar to good moral character regardless of the date of the conviction." Section 601(e) of Pub. L. 101-649 provided that: "(1) Except as provided in paragraph (2), the amendments made by this section [amending section 1182 of this title] and by section 603(a) of this Act [amending this section and sections 1102, 1153, 1157, 1159, 1160, 1161, 1181, 1183, 1201, 1224, 1225, 1226, 1254a, 1255a, 1259, 1322, and 1327 of this title, repealing section 2691 of Title 22, Foreign Relations and Intercourse, amending provisions set out as notes under this sec tion and sections 1255 and 1255a of this title, and re- "(2) The amendments made by paragraphs (5) and EFFECTIVE DATE OF 1989 AMENDMENTS Amendment by Pub. L. 101-238 applicable to classification petitions filed for nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning after Dec. 18, 1989, see section 3(d) of Pub. L. 101-238, set out as a note under section 1182 of this title. Section 611(b) of Pub. L. 101-162 provided that: EFFECTIVE AND TERMINATION DATES OF 1988 Section 309(b)(15) of Pub. L. 102-232 provided that: SHORT TITLE OF 1991 AMENDMENTS Section 1(a) of Pub. L. 102-232 provided that: "This Act [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1452, and 1455 of this title, and section 3753 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1184, 1251, 1252, 1254a, 1255, 1356, and 1421 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be cited as the 'Miscellaneous and Technical Immigration and Naturalization Amendments of 1991'." Section 101 of title I of Pub. L. 102-232 provided that: "This title [amending sections 1421, 1448, 1450, and 1455 of this title and enacting provisions set out as a note under section 1421 of this title] may be cited as the 'Judicial Naturalization Ceremonies Amendments of 1991'." Section 201 of title II of Pub. L. 102-232 provided that: "This title [amending this section and section 1184 of this title and enacting provisions set out as notes under this section and section 1184 of this title] may be cited as the 'O and P Nonimmigrant Amendments of 1991'." Section 301(a) of title III of Pub. L. 102-232 provided that: "This title [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and section 3753 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1251, 1252, 1254a, 1255, and 1356 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be cited as the 'Immigration Technical Corrections Act of 1991'." Section 1 of Pub. L. 102-110 provided that: "This Act [amending this section and sections 1153, 1255, and 1524 of this title and enacting and amending provisions set out as notes under this section] may be cited as the 'Armed Forces Immigration Adjustment Act of 1991'." SHORT TITLE OF 1990 AMENDMENTS Section 1(a) of Pub. L. 101-649 provided that: "This Act [see Tables for classification] may be cited as the 'Immigration Act of 1990'." Pub. L. 101-249, § 1, Mar. 6, 1990, 104 Stat. 94, provided that: "This Act [enacting section 1440-1 of this title] may be cited as the 'Posthumous Citizenship for Active Duty Service Act of 1989'." SHORT TITLE OF 1989 AMENDMENT Section 1 of Pub. L. 101-238 provided that: "This Act [amending this section and sections 1160 and 1182 of this title, enacting provisions set out as notes under sections 1182, 1255, 1255a, and 1324a of this title, and amending provisions set out as a note under section 1255a of this title] may be cited as the 'Immigration Nursing Relief Act of 1989'." REGULATIONS Section 303(a)(8) of Pub. L. 102-232 provided that: "The Secretary of Labor shall issue final or interim final regulations to implement the changes made by this section to section 101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n)] no later than January 2, 1992." Pub. L. 102-140, title VI, § 610, Oct. 28, 1991, 105 Stat. 832, provided that: "(a) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(1) of the Immigration and Nationality Act [act June 27, 1952, as amended, set out as a note above], including a delineation of (1) scenarios that constitute an immigration emergency, (2) the process by which the President declares an immigration emergency, (3) the role of the Governor and local officials in requesting a declaration of emergency, (4) a definition of 'assistance as required by the Attorney General', and (5) the process by which States and localities are to be reimbursed. "(b) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(2) of such Act, including providing a definition of the terms in section 404(b)(2)(ii) [404(b)(2)(A)(ii)] and a delineation of 'in any other circumstances' in section 404(b)(2)(iii) [404(b)(2)(A)(iii)] of such Act. "(c) The regulations under this section shall be published for comment not later than 30 days after the date of enactment of this Act [Oct. 28, 1991] and issued in final form not later than 15 days after the end of the comment period." APPROPRIATIONS Section 404 of act June 27, 1952, as amended by acts Dec. 29, 1981, Pub. L. 97-116, § 18(s), 95 Stat. 1621; Nov. 6, 1986, Pub. L. 99-603, title I, § 113, 100 Stat. 3383; Nov. 29, 1990, Pub. L. 101-649, title VII, § 705(a), 104 Stat. 5087; Dec. 12, 1991, Pub. L. 102-232, title III, § 308(d), 105 Stat. 1757, provided that: [See main edition for text of (a)] "(b)(1) There are authorized to be appropriated (for fiscal year 1991 and any subsequent fiscal year) to an immigration emergency fund, to be established in the Treasury, an amount sufficient to provide for a balance of $35,000,000 in such fund, to be used to carry out paragraph (2) and to provide for an increase in border patrol or other enforcement activities of the Service and for reimbursement of State and localities in providing assistance as requested by the Attorney General in meeting an immigration emergency, except that no amounts may be withdrawn from such fund with respect to an emergency unless the President has determined that the immigration emergency exists and has certified such fact to the Judiciary Committees of the House of Representatives and of the Senate. "(2)(A) Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available, by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever "(i) a district director of the Service certifies to the Commissioner that the number of asylum applications filed in the respective district during a calendar quarter exceeds by at least 1,000 the number of such applications filed in that district during the preceding calendar quarter, "(ii) the lives, property, safety, or welfare of the residents of a State or locality are endangered, or "(iii) in any other circumstances as determined by the Attorney General. In applying clause (i), the providing of parole at a point of entry in a district shall be deemed to constitute an application for asylum in the district. "(B) Not more than $20,000,000 shall be made available for all localities under this paragraph. "(C) For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency be determined shall not apply. "(D) A decision with respect to an application for reimbursement under subparagraph (A) shall be made by the Attorney General within 15 days after the date of receipt of the application." [Section 705(b) of Pub. L. 101-649 provided that: "Section 404(b)(2)(A)(i) of the Immigration and Nationality Act [act June 27, 1952, set out above], as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after January 1, 1989. The Attorney General may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection (a) [amending section 404 of act June 27, 1952, set out above] before October 1, 1991."] REPORT ON Admission oF CERTAIN NONIMMIGRANTS Section 202(b) of Pub. L. 102-232 provided that: "(1) By not later than October 1, 1994, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the Senate and of the House of Representatives a report containing information relating to the admission of artists, entertainers, athletes, and related support personnel as nonimmigrants under subparagraphs (O) and (P) of section 101(a)(15) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(O), (P)], and information on the laws, regulations, and practices in effect in other countries that affect United States citizens and permanent resident aliens in the arts, entertainment, and athletics, in order to evaluate the impact of such admissions, laws, regulations, and practices on such citizens and aliens. DELAY UNTIL APRIL 1, 1992, IN IMPLEMENTATION OF PROVISIONS RELATING TO NONIMMIGRANT ARTISTS, ATHLETES, ENTERTAINERS, AND FASHION MODELS "(2) Not later than 30 days after the date the Committee of the Judiciary on the Senate receives the report under paragraph (1), the Chairman of the Committee shall make the report available to interested parties and shall hold a hearing respecting the report. No later than 90 days after the date of receipt of the report, such Committee shall report to the Senate its findings and any legislation it deems appropriate." Section 3 of Pub. L. 102-110 provided that: "Section 214(g)(1)(C) of the Immigration and Nationality Act [8 U.S.C. 1184(g)(1)(C)] shall not apply to the issuance of visas or provision of status before April 1, 1992. Aliens seeking nonimmigrant admission as artists, athletes, entertainers, or fashion models (or for the purpose of accompanying or assisting in an artistic or athletic performance) before April 1, 1992, shall not be admitted under subparagraph (O)(i), (O)(ii), (P)(i), or (P)(iii) of section 101(a)(15) of such Act [8 U.S.C. 1101(a)(15)], but may be admitted under the terms of subparagraph (H)(i)(b) of such section (as in effect on September 30, 1991)." COMMISSION ON IMMIGRATION REFORM Section 141 of Pub. L. 101-649, as amended by Pub. L. 102-232, title III, § 302(c)(1), Dec. 12, 1991, 105 Stat. 1744, provided that: "(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION. (1) Effective October 1, 1991, there is established a Commission on Immigration Reform (in this section referred to as the 'Commission') which shall be composed of 9 members to be appointed as follows: "(A) One member who shall serve as Chairman, to be appointed by the President. "(B) Two members to be appointed by the Speaker of the House of Representatives who shall select such members from a list of nominees provided by the Chairman of the Committee on the Judiciary of the House of Representatives. "(C) Two members to be appointed by the Minority Leader of the House of Representatives who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary of the House of Representatives. "(D) Two members to be appointed by the Majority Leader of the Senate who shall select such members from a list of nominees provided by the Chairman of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate. "(E) Two members to be appointed by the Minority Leader of the Senate who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate. “(2) Initial appointments to the Commission shall be made during the 45-day period beginning on October 1, 1991. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. "(3) Members shall be appointed to serve for the life of the Commission, except that the term of the member described in paragraph (1)(A) shall expire at noon on January 20, 1993, and the President shall appoint an individual to serve for the remaining life of the Commission. "(b) FUNCTIONS OF COMMISSION.-The Commission shall "(1) review and evaluate the impact of this Act and the amendments made by this Act [see Tables for classification], in accordance with subsection (c); and "(2) transmit to the Congress "(A) not later than September 30, 1994, a first report describing the progress made in carrying out paragraph (1), and "(B) not later than September 30, 1997, a final report setting forth the Commission's findings and recommendations, including such recommendations for additional changes that should be made with respect to legal immigration into the United States as the Commission deems appropriate. |
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