Imagini ale paginilor
PDF
ePub

TITLE I-GENERAL

DEFINITIONS
SECTION 101. [8 U.S.C. 1101] (a) As used in this Act-

(1) The term "administrator" means the Assistant Secretary of State for Consular Affairs.

(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.

(3) The term “alien” means any person not a citizen or national of the United States.

(4) The term "application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.

(5) The term “Attorney General” means the Attorney General of the United States.

(6) The term "border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be

prescribed by regulations.

(7) The term "clerk of court" means a clerk of a naturalization court.

(8) The terms "Commissioner" and "Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively

(9) The term “consular officer” means any consular, diplomatic, or other officer of the United States designated under regulations prescribed under authority contained in this Act, for the purpose of issuing immigrant or nonimmigrant visas.

(10) The term "crewman” means a person serving in any capacity on board a vessel or aircraft.

(11) The term “diplomatic visa” means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe.

(12) The term "doctrine” includes, but is not limited to, policies, practices, purposes, aims, or procedures.

(13) The term "entry” means any coming of an alien into the United States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or

7

place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception.

(14) The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions and territories under mandate or trusteeship shall be regarded as separate foreign states.

(15) The term “immigrant” means every alien except an alien who is within one of the following classes of nonimmigrant aliens 1—

(A)(i) 2 an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family;

(ii) 4 upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and

(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above;

(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;

(C) an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758); 3

1 See Appendix VIII. D. for visa symbols applicable to specific classes of aliens. In addition to the nonimmigrant classes specified, $8 222 and 223 of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5028), shown in Appendix II.A.1., provide, effective November 29, 1990, for additional nonimmigrant classifications for cooperative research, development, and coproduction projects and special education exchange visitor programs, respectively, for a very limited number of individuals.

2 For provisions relating to change of status of 101(a)(15XA) (i) or (ii) foreign government officials, see § 13 of the Act of September 11, 1957 (71 Stat. 642; 8 U.S.C. 1255b), contained in footnote 173 to section 245(a). For study and report concerning the status of individuals with diplomatic immunity in the United States, see § 137 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, 101 Stat. 1345).

3 Section 11 of the Agreement (22 U.S.C. 287 note) reads as follows:

Section 11. The federal, state or local authorities of the United States shall not impose any impediments to transit to or from the headquarters district of (1) representatives of Members or officials of the United Nations, or of specialized agencies as defined in Article 57, paragraph 2, of the Charter, or the families of such representatives or officials, (2) experts performing mis

Continued

(D)(i) 4 an alien crewman serving in good faith as such in a capacity 4 required for normal operation and service on board a vessel, as defined in section 258(a) (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;

(ii) 5 an alien crewman serving in good faith as such in any capacity required for normal operations and service aboard a fishing vessel having its home port or an operating base in the United States who intends to land temporarily in Guam and solely in pursuit of his calling as a crewman and to depart from Guam with the vessel on which he arrived;

(E) 6 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;

sions for the United Nations or for such specialized agencies, (3) representatives of the press, or of radio, film or other information agencies, who have been accredited by the United Nations (or by such a specialized agency) in its discretion after consultation with the United States, (4) representatives of nongovernmental organizations recognized by the

ited Nations for the purpose of consultation under Article 71 of the Charter, or (5) other persons invited to the headquarters district by the United Nations or by such specialized agency on official business. The appropriate American authorities shall afford any necessary protection to such persons while in transit to or from the headquarters district.

4 Subsection (d) of $ 315 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603, Nov. 6, 1986, 100 Stat. 3440), shown in Appendix II.B.1., provided for denial of crew member nonimmigrant visas in cases of strikes during the 1-year period beginning on November 6, 1986. The phrase “a capacity” was substituted for any capacity and the phrase as defined in section 258(a)" was inserted by $ 203(c) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5018-5019), applicable to services performed on or after May 28, 1990.

5 Clause (ii) was added by $ 1 of Pub. L. 99-505 (Oct. 21, 1986, 100 Stat. 1806). § 2 of that Act provides as follows:

SEC. 2. TREATMENT OF DEPARTURES FROM GUAM.

In the administration of section 101(aX15XDXii) of the Immigration and Nationality Act (added by the amendment made by section 1 of this Act), an alien crewman shall be considered to have departed from Guam after leaving the territorial waters of Guam, without regard to whether the alien arrives in a foreign state before returning to Guam.

6 Section 307(a) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (Pub. L. 100-449, 102 Stat. 1876, Sept. 28, 1988) provides as follows:

(a) NONIMMIGRANT TRADERS AND INVESTORS.–Upon a basis of reciprocity secured by the United States-Canada Free-Trade Agreement, a citizen of Canada, and the spouse and children of any such citizen if accompanying or following to join such citizen, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 1011a/15/E) of such Act (8 U.S.C. 1101(aX15)(E)) if entering solely for a purpose specified in Annex 1502.1 (United States of America), Part B_Traders and Investors, of such Agreement, but only if any such purpose shall have been specified in such Annex as of the date of entry into force of such Agreement.

For provisions of Annex 1502.1, see Appendix VI.

? For list of foreign states with which the United States has a treaty of commerce and navigation, see Appendix VIII. C. The phrase ", including trade in services or trade in technology” was inserted by $ 204(a) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5019), effective October 1, 1991, under 231 of such Act. § 204(b) of such Act, shown in Appendix II.A.1., considers 2 foreign states (probably Australia and Sweden) to be described in subparagraph (E) if they extend reciprocal nonimmigrant treatment to nationals of the United States. Also, the Act of June 18, 1954 (68 Stat. 264; 8 U.S.C. 1184a), provides as follows: "That, upon a basis of reciprocity secured by agreement entered into by the President of the United States and

Continued the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (66 Stat. 163), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of said Act if entering solely for the purposes specified in subsection (i) or (ii) of said section.”.

(F)(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely 8 for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or 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 or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study 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;

(G)(i) ' a designated principal resident representative of a foreign government recognized de jure by the United States, which foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (59 Stat. 669) [22 U.S.C. 288, note], accredited resident members of the staff of such representatives, and members of his or their immediate family;

(ii) 9 other accredited representatives of such a foreign government to such international organizations, and the members of their immediate families;

(iii) an alien able to qualify under (i) or (ii) above except for the fact that the government of which such alien is an accredited representative is not recognized de jure by the United States, or that the government of which he is an accredited representative is not a member of such international organization, and the members of his immediate family;

(iv) officers, or employees of such international organizations, and the members of their immediate families;

(v) attendants, servants, and personal employees of any such representative, officer, or employee, and the members of the

8 For 3-year provision providing off-campus work authorization for students under this subparagraph, see § 221 of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5027), shown in Appendix II.A.1.

9 For provisions relating to change of status of 101(aX15XG) (i) or (ii) foreign government officials, see § 13 of the Act of September 11, 1957 (71 Stat. 642; 8 U.S.C. 1255b), contained in footnote 173 to section 245(a). Also see § 702 of the Intelligence Authorization Act for Fiscal Year 1987 (Pub. L. 99-569) respecting the policy of the United States to restrict the number of nationals of the Soviet Union admitted to the United States to serve as members of the Soviet mission to the United Nations to the number of United States nationals serving as members of the United States mission to the United Nations.

10

11

immediate families of such attendants, servants, and personal employees;

(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 212(m)(1), 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 212(m)(2) for 12 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) 13 subject to section 212(1)(2), 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 214(i)(1) or as a fashion model, 14 who meets the requirements for the occupation specified in section 214(i)(2) 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 sec

10 The requirement, in the case of an H-1 nonimmigrant, that the alien have a residence in a foreign country which he has no intention of abandoning was removed, effective October 1, 1991, by $ 205(e) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5022). For provision relating to entry of Canadian nonimmigrant professionals under H-1, see § 214(e). $937 of the National Defense Authorization Act, Fiscal Years 1990 and 1991 (Pub. L. 101-189, Nov. 29, 1989) provides as follows:

SEC. 937. EXTENSION OF H-1 IMMIGRATION STATUS FOR CERTAIN NONIMMIGRANTS

EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS AND COPRODUCTION PROJECTS

The Attorney General shall provide for the extension through December 31, 1991, of nonimmigrant status under section 101(a)15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(aX15XH)(i)) for an alien to perform temporarily services relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the Secretary of Defense in the case of an alien who has had such status for a period of at least five years if such status has not expired as of the date of the enactment of this Act but would otherwise expire during 1989, 1990, or 1991, due only to the time limitations with respect to such status.

11 Subclause (a) of clause (i) was inserted by $3(a)(1) of the Immigration Nursing Relief Act of 1989 (Pub. L. 101-238, Dec. 18, 1989), and applies, under $3(d) of such Act, to “classification petitions filed for nonimmigrant status only during the 5-year period beginning on [September 1, 1990) the first day of the 9th month beginning after the date of the enactment of this Act”. § 4 of the Immigration Amendments of 1988 (Pub. L. 100-658, Nov. 15, 1988), shown in Appendix II.F., provided for an extension of H-1 status for certain registered nurses through December 31, 1989.

12 The phrase "for each facility' through the end of subclause (a) of clause (i) was inserted by § 162(f)(2XA) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5012), effective as if included in the enactment of the Immigration Nursing Relief Act of 1989.

§ 205(c)(1) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5020) amended subclause (b) of clause (i) in its entirety, effective October 1, 1991; previous to that date the subclause read as follows: "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''.

14 References to fashion models were added by $ 207(b) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1741), effective April 1, 1992.

13

« ÎnapoiContinuați »