waiver shall be subject to the requirements of section 1184(k) of this title" after "public interest".

Subsec. (h). Pub. L. 103-416, § 203(a)(3), inserted before period at end", or an attempt or conspiracy to commit murder or a criminal act involving torture". Subsec. (n)(1)(A)(i). Pub. L. 103-416, § 219(z)(1), made technical correction to Pub. L. 102-232, § 303(a)(7)(B)(i). See 1991 Amendment note below. Subsec. (o). Pub. L. 103-317, § 506(a), (c), temporarily added subsec. (o). See Effective and Termination Dates of 1994 Amendments note below.

1993-Subsec. (a)(1)(A)(i). Pub. L. 103-43 inserted at end "which shall include infection with the etiologic agent for acquired immune deficiency syndrome,”. Pub. L. 102-232,

1991-Subsec. (a)(1)(A)(ii)(II).

§307(a)(1), inserted “or” at end.

Subsec. (a)(3)(A)(i). Pub. L. 102-232, § 307(a)(2), inserted "(I)" after “any activity” and “(II)” after "sabotage or".

Subsec. (a)(3)(B)(iii)(III). Pub. L. 102-232, 307(a)(3), substituted "a terrorist activity" for "an act of terrorist activity".

Subsec. (a)(3)(C)(iv). Pub. L. 102-232, § 307(a)(5), substituted "identity" for "identities".

Subsec. (a)(3)(D)(iv). Pub. L. 102-232, § 307(a)(4), substituted "if the immigrant" for "if the alien".

Subsec. (a)(5). Pub. L. 102-232, § 302(e)(6), repealed Pub. L. 101-649, § 162(e)(1). See 1990 Amendment note below.

Subsec. (a)(5)(C). Pub. L. 102-232, § 307(a)(6), as amended by Pub. L. 103-416, § 219(z)(5), substituted "immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title" for "preference immigrant aliens described in paragraph (3) or (6) of section 1153(a) of this title and to nonpreference immigrant aliens described in section 1153(a)(7) of this title".

Subsec. (a)(6)(B). Pub. L. 102-232, § 307(a)(7), in closing provisions, substituted "(a) who seeks" for "who seeks", ", or (b) who seeks admission" for "(or", and "felony," for "felony)".

Subsec. (a)(6)(E)(ii), (iii). Pub. L. 102-232, § 307(a)(8), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (a)(8)(B). Pub. L. 102-232, § 307(a)(9), substituted "person" for "alien" after "Any".

Subsec. (a)(9)(C)(i). Pub. L. 102-232, § 307(a)(10)(A), substituted "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” for “a court order granting custody to a citizen of the United States of a child having a lawful claim to United States citizenship, detains, retains, or withholds custody of the child outside the United States from the United States citizen granted custody, is excludable until the child is surrendered to such United States citizen".

Subsec. (a)(9)(C)(ii). Pub. L. 102-232, § 307(a)(10)(B), substituted "so long as the child is located in a foreign state that is a party" for "to an alien who is a national of a foreign state that is a signatory".

Subsec. (a)(17). Pub. L. 102-232, § 306(a)(12), amended Pub. L. 101-649, § 514(a). See 1990 Amendment note below.

Subsec. (c). Pub. L. 102-232, § 307(b), substituted "paragraphs (3) and (9)(C)" for "subparagraphs (A), (B), (C), or (E) of paragraph (3)”".

Pub. L. 102-232, 306(a)(10), substituted "one or more aggravated felonies and has served for such felony or felonies" for “an aggravated felony and has served".

Subsec. (d)(3). Pub. L. 102-232, § 307(c), substituted “(3XAXiXI), (3XAXii), (3)(A)(iii),” for “(3)(A),” in two places and "(3)(E)" for "(3)(D)" in two places.

Subsec. (d)11). Pub. L. 102-232, § 307(d), inserted "and in the case of an alien seeking admission or adjustment of status as an immediate relative or immi

grant under section 1153(a) of this title (other than paragraph (4) thereof)" after "section 1181(b) of this title".

Subsec. (g)(1). Pub. L. 102-232, § 307(e), substituted "subsection (a)(1)(A)(i)” for “section (a)(1)(A)(i)".

Subsec. (h). Pub. L. 102-232, § 307(f)(1), struck out "in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or alien lawfully admitted for permanent residence" after “marijuana” in introductory provisions.

Subsec. (h)(1). Pub. L. 102–232, § 307(f)(2), designated existing provisions as subpar. (A) and inserted "in the case of any immigrant” in introductory provisions, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, struck out "and" at end of cl. (i), substituted "or" for "and" at end of cl. (iii), and added subpar. (B).

Subsec. (i). Pub. L. 102-232, § 307(g), substituted "immigrant" and "immigrant's" for "alien" and "alien's”, respectively, wherever appearing.

Subsec. (j)(1)(D). Pub. L. 102-232, § 309(b)(7), substituted "United States Information Agency" for "International Communication Agency".

Subsec. (j)(2). Pub. L. 102–232, § 303(a)(5)(B), added par. (2) and struck out former par. (2) which related to inapplicability of par. (1)(A) and (B)(ii)(I) requirements between effective date of subsec. and Dec. 31, 1983.

Subsec. (j)(3). Pub. L. 102-232, § 309(b)(7), substituted "United States Information Agency" for "International Communication Agency".

Subsec. (m)(2)(A). Pub. L. 102-232, § 302(e)(9), inserted, after first sentence of closing provisions, sentence relating to attestation that facility will not replace nurse with nonimmigrant for period of one year after layoff.

Subsec. (n)(1). Pub. L. 102-232, § 303(a)(7)(B)(ii), (iii), redesignated matter after first sentence of subpar. (D) as closing provisions of par. (1), substituted "(and such accompanying documents as are necessary)" for "(and accompanying documentation)", and inserted last two sentences providing for review and certification by Secretary of Labor.

§ 303(a)(7)(B)(i), as amended by Pub. L. 103-416, § 219(z)(1), in introductory provisions substituted "admitted or provided status as a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title" for "and to other individuals employed in the occupational classification and in the area of employment", in closing provisions substituted “based on the best information available" for "determined", and amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "the actual wage level for the occupational classification at the place of employment, or".

Subsec. (n)(1)(A)(ii). Pub. L. 102-232, § 303(a)(6), substituted "for such a nonimmigrant" for "for such aliens".

Subsec. (n)(1)(D). Pub. L. 102-232, § 303(a)(7)(B)(iii), redesignated matter after first sentence as closing provisions of par. (1).

Subsec. (n)(2)(C). Pub. L. 102-232, § 303(a)(7)(B)(iv), substituted "of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation" for "(or a substantial failure in the case of a condition described in subparagraph (C) or (D) of paragraph (1)) or misrepresentation".

Subsec. (n)(2)(D). Pub. L. 102-232, § 303(a)(7)(B)(v), (vi), substituted "If" for "In addition to the sanctions provided under subparagraph (C), if" and inserted before period at end", whether or not a penalty under subparagraph (C) has been imposed".

1990 Subsec. (a). Pub. L. 101–649, § 601(a), amended subsec. (a) generally, decreasing number of classes of excludable aliens from 34 to 9 by broadening descriptions of such classes.

Pub. L. 101-649, § 514(a), as amended by Pub. L. 102-232, § 306(a)(12), substituted "20 years" for "ten years" in par. (17).

Pub. L. 101-649, which provided that par. (5) is amended in subpar. (A), by striking "Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor" and inserting "Any alien who seeks admission or status as an immigrant under paragraph (2) or (3) of section 1153(b) of this title, in subpar. (B), by inserting "who seeks admission or status as an immigrant under paragraph (2) or (3) of section 1153(b) of this title" after "An alien" the first place it appears, and by striking subpar. (C), was repealed by Pub. L. 102-232, § 302(e)(6). See Construction of 1990 Amendment note below.

Pub. L. 101-246, § 131(a), added par. (34) which read as follows: "Any alien who has committed in the United States any serious criminal offense, as defined in section 1101(h) of this title, for whom immunity from criminal jurisdiction was exercised with respect to that offense, who as a consequence of the offense and the exercise of immunity has departed the United States, and who has not subsequently submitted fully to the jurisdiction of the court in the United States with jurisdiction over the offense."

Subsec. (b). Pub. L. 101-649, § 601(b), added subsec. (b) and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(25).

Subsec. (c). Pub. L. 101-649, § 601(d)(1), substituted "subsection (a) of this section (other than subparagraphs (A), (B), (C), or (E) of paragraph (3))" for "paragraph (1) through (25) and paragraphs (30) and (31) of subsection (a) of this section".

Pub. L. 101-649, § 511(a), inserted at end "The first sentence of this subsection shall not apply to an alien who has been convicted of an aggravated felony and has served a term of imprisonment of at least 5 years." Subsec. (d)(1), (2). Pub. L. 101-649, § 601(d)(2)(A), struck out pars. (1) and (2) which related to applicability of subsec. (a)(11), (25), and (28).

Subsec. (d)(3). Pub. L. 101-649, § 601(d)(2)(B), substituted "under subsection (a) of this section (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)" for "under one or more of the paragraphs enumerated in subsection (a) of this section (other than paragraphs (27), (29), and (33))" wherever appearing, and inserted at end "The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this paragraph."

Subsec. (d)(4). Pub. L. 101-649, § 601(d)(2)(C), substituted "(7)(B)(i)" for "(26)”.

Subsec. (d)(5)(A). Pub. L. 101-649, § 202(b), inserted "or in section 1184(f) of this title" after "except as provided in subparagraph (B)".

Subsec. (d)(6). Pub. L. 101-649, § 601(d)(2)(A), struck out par. (6) which directed that Attorney General prescribe conditions to control excludable aliens applying for temporary admission.

Subsec. (d)(7). Pub. L. 101-649, § 601(d)(2)(D), substituted "(other than paragraph (7))" for "of this section, except paragraphs (20), (21), and (26),”.

Subsec. (d)(8). Pub. L. 101-649, § 601(d)(2)(E), substituted “(3)(A), (3)(B), (3)(C), and (7)(B)” for “(26), (27), and (29)".

Subsec. (d)(9), (10). Pub. L. 101-649, § 601(d)(2)(A), struck out pars. (9) and (10) which related to applicability of pars. (7) and (15), respectively, of subsec. (a). Subsec. (d)(11). Pub. L. 101-649, § 601(d)(2)(F), added par. (11).

Subsec. (g). Pub. L. 101-649, § 601(d)(3), amended subsec. (g) generally, substituting provisions relating to waiver of application for provisions relating to admission of mentally retarded, tubercular, and mentally ill aliens.

Subsec. (h). Pub. L. 101-649, § 601(d)(4), amended subsec. (h) generally, substituting provisions relating to waiver of certain subsec. (a)(2) provisions for provisions relating to nonapplicability of subsec. (a)(9), (10), (12), (23), and (34).

Pub. L. 101-246, § 131(c), substituted "(12), or (34)" for "or (12)".

Subsec. (i). Pub. L. 101-649, § 601(d)(5), amended subsec. (i) generally, substituting provisions relating to waiver of subsec. (a)(6)(C)(i) of this section for provisions relating to admission of alien spouse, parent or child excludable for fraud.

Subsec. (k). Pub. L. 101-649, § 601(d)(6), substituted "paragraph (5)(A) or (7)(A)(i)" for "paragraph (14), (20), or (21)".

Subsec. (1). Pub. L. 101-649, § 601(d)(7), substituted "paragraph (7)(B)(i)" for "paragraph (26)(B)".

Subsec. (m)(2)(A). Pub. L. 101-649, § 162(f)(2)(B), in opening provision, struck out ", with respect to a facility for which an alien will perform services," before "is an attestation, in cl. (iii) inserted "employed by the facility" after "The alien", and inserted at end "In the case of an alien for whom an employer has filed an attestation under this subparagraph and who is performing services at a worksite other than the employer's or other than a worksite controlled by the employer, the Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order to avoid duplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the attestor, or for other good cause."

Subsec. (n). Pub. L. 101-649, § 205(c)(3), added subsec. (n).

1989-Subsec. (m). Pub. L. 101-238 added subsec.

(m).

1988-Subsec. (a)(17). Pub. L. 100-690 inserted "(or within ten years in the case of an alien convicted of an aggravated felony)" after "within five years".

Subsec. (a)(19). Pub. L. 100-525, § 7(c)(1), made technical correction to directory language of Pub. L. 99-639, § 6(a). See 1986 Amendment note below.

Subsec. (a)(32). Pub. L. 100-525, § 9(i)(1), substituted "Secretary of Education" for "Commissioner of Education" and "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare".

Subsec. (d)(4). Pub. L. 100-525, § 8(f), added Pub. L. 99-653, § 7(d)(2). See 1986 Amendment note below.

Subsec. (e). Pub. L. 100-525, § 9(1)(2), substituted "Director of the United States Information Agency" for "Secretary of State" the first place appearing, and "Director" for "Secretary of State" each subsequent place appearing.

Subsec. (g). Pub. L. 100-525, § 9(i)(3), substituted "Secretary of Health and Human Services" for "Surgeon General of the United States Public Health Service" wherever appearing.

Subsec. (h). Pub. L. 100-525, § 9(i)(4), substituted "paragraph (9)" for "paragraphs (9)".

Subsec. (i). Pub. L. 100-525, § 7(c)(3), added Pub. L. 99-639, § 6(b). See 1986 Amendment note below.

Subsec. (1). Pub. L. 100-525, § 3(1)(A), made technical correction to Pub. L. 99-396, § 14(a). See 1986 Amendment note below.

1987-Subsec. (a)(23). Pub. L. 100-204 amended par. (23) generally. Prior to amendment, par. (23) read as follows: "Any alien who has been convicted of a violation of, or a conspiracy to violate, any law or regula. tion of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21); or any alien who the consular officer or immigration officer know or have reason to believe is or has been an illicit trafficker in any such controlled substance;".

1986-Subsec. (a)(19). Pub. L. 99-639, § 6(a), as amended by Pub. L. 100-525, § 7(c)(1), amended par. (19) generally. Prior to amendment, par. (19) read as follows: "Any alien who seeks to procure, or has sought to procure, or has procured a visa or other documentation, or seeks to enter the United States, by fraud, or by willfully misrepresenting a material

fact;".

Subsec. (a)(23). Pub. L. 99-570 substituted "any law or regulation of a State, the United States, or a for

or (34

eign country relating to a controlled substance (as defined in section 802 of title 21)" for "any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative, or preparation of opium or coca leaves, or isonipecaine or any addictionforming or addiction-sustaining opiate” and “any such controlled substance" for "any of the aforementioned drugs".

Subsec. (a)(24). Pub. L. 99-653 struck out par. (24) which related to aliens seeking admission from foreign contiguous territory or adjacent islands who arrived there on vessel or aircraft of nonsignatory line or noncomplying transportation line and have not resided there at least two years subsequent to such arrival, except for aliens described in section 1101(a)(27)(A) of this title and aliens born in Western Hemisphere, and further provided that no paragraph following par. (24) shall be redesignated as result of this amendment.

Subsec, (d)(4). Pub. L. 99-653, § 7(d)(2), as added by Pub. L. 100-525, § 8(f), substituted "section 1228(c) of this title" for "section 1228(d) of this title".

Subsec. (1). Pub. L. 99–639, § 6(b), as added by Pub. L. 100-525, § 7(c)(3), inserted “or other benefit under this chapter" after "United States,".

Subsec. (1). Pub. L. 99-396, § 14(a), as amended by Pub. L. 100-525, § 3(1)(A), amended subsec. (1) generally, designating existing provisions as par. (1) and redesignating former pars. (1) and (2) as subpars. (A) and (B), respectively, inserting in par. (1) as so designated reference to consultation with the Governor of Guam, inserting in subpar. (B) as so redesignated reference to the welfare, safety, and security of the territories and commonwealths of the United States, and adding pars. (2) and (3).

1984-Subsec. (a)(9). Pub. L. 98-473 amended last sentence generally. Prior to amendment, last sentence read as follows: "Any alien who would be excludable because of a conviction of a misdemeanor classifiable as a petty offense under the provisions of section 1(3) of title 18, by reason of the punishment actually imposed, or who would be excludable as one who admits the commission of an offense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18, by reason of the punishment which might have been imposed upon him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense;".

Subsec. (1). Pub. L. 98-454 added subsec. (1).

1981-Subsec. (a)(17). Pub. L. 97-116, § 4(1), inserted "and who seek admission within five years of the date of such deportation or removal," after "section 1252(b) of this title.".

Subsec. (a)(32). Pub. L. 97-116, §§ 5(a)(1), 18(e)(1), substituted "in the United States)" for "in the United States" and inserted provision that for purposes of this paragraph an alien who is a graduate of a medical school be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date.

Subsec. (d)(6). Pub. L. 97-116, § 4(2), struck out provision that the Attorney General make a detailed report to Congress in any case in which he exercises his authority under par. (3) of this subsection on behalf of any alien excludable under subsec. (a)(9), (10), and (28) of this section.

Subsec. (h). Pub. L. 97–116, § 4(3), substituted “paragraphs (9), (10), or (12) of subsection (a) of this section

or paragraph (23) of such subsection as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana” for “paragraphs (9), (10), or (12) of subsection (a) of this section".

Subsec. (j)(1). Pub. L. 97-116, § 5(b)(1), inserted “as follows" after "training are".

Subsec. (j)(1)(A). Pub. L. 97-116, § 5(b)(3), (4), substituted "Secretary of Education" for "Commissioner of Education" and a period for the semicolon at the end.

Subsec. (j)(1)(B). Pub. L. 97-116, § 5(a)(2), (b)(3), (7)(A), (B), substituted "Secretary of Education" for "Commissioner of Education”, “(ii)(I)” for “(ii)", and "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare"; inserted "(II)" before "has competency”, “(III)" before “will be able to adapt”, and “(IV)" before “has adequate prior education"; and inserted provision that for purposes of this subparagraph an alien who is a graduate of a medical school be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date.

Subsec. (j)(1)(C). Pub. L. 97-116, § 5(b)(2)-(4), struck out "(including any extension of the duration thereof under subparagraph (D))" after "to the United States" and substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare" and a period for “; and" at end.

Subsec. (j)(1)(D). Pub. L. 97-116, § 5(b)(5), substituted provision permitting aliens coming to the United States to study in medical residency training programs to remain until the typical completion date of the program, as determined by the Director of the International Communication Agency at the time of the alien's entry, based on criteria established in coordination with the Secretary of Health and Human Services, except that such duration be limited to seven years unless the alien demonstrates to the satisfaction of the Director that the country to which the alien will return after such specialty education has exceptional need for an individual trained in such specialty, and that the alien may change enrollment in programs once within two years after coming to the United States if approval of the Director is obtained and further commitments are obtained from the alien to assure that, upon completion of the program, the alien would return to his country for provision limiting the duration of the alien's participation in the program for which he is coming to the United States to not more than 2 years, with a possible one year extension.

Subsec. (j)(1)(E). Pub. L. 97-116, § 5(b)(6), added subpar. (E).

Subsec. (j)(2)(A). Pub. L. 97-116, § 5(b)(7)(C)-(F), substituted "and (B)(ii)(I)" for "and (B)" and "1983" for "1981"; inserted "(i) the Secretary of Health and Human Services determines, on a case-by-case basis, that" after "if"; and added cl. (ii).

Subsec. (j)(2)(B). Pub. L. 97-116, § 5(b)(7)(G), inserted provision directing Secretary of Health and Human Services, in coordination with Attorney General and Director of the International Communication Agency, to monitor the issuance of waivers under subpar. (A) and the needs of the communities, with respect to which such waivers are issued, to assure that quality medical care is provided and to review each program with such a waiver to assure that the plan described in subpar. (A)(ii) is being carried out and that the participants in such program are being provided appropriate supervision in their medical education and training.

Subsec. (j)(2)(C). Pub. L. 97-116, § 5(b)(7)(G), added subpar. (C).

(3).

Subsec. (j)(3). Pub. L. 97-116, § 5(b)(8), added par.
Subsec. (k). Pub. L. 97-116, § 18(e)(2), added subsec.

(k).

1980 Subsec. (a)(14), (32). Pub. L. 96-212, § 203(d), substituted "1153(a)(7)" for "1153(a)(8)".

Subsec. (d)(5). Pub. L. 96-212, § 203(f), redesignated existing provisions as subpar. (A), inserted provision excepting subpar. (B), and added subpar. (B).

Subsec. (j)(2)(A). Pub. L. 96-538 substituted "December 30, 1981" for "December 30, 1980".

1979-Subsec. (d)(9), (10). Pub. L. 96-70 added pars. (9) and (10).

1978-Subsec. (a)(33). Pub. L. 95-549, § 101, added par. (33).

Subsec. (d)(3). Pub. L. 95-549, § 102, inserted reference to par. (33) in parenthetical text.

1977-Subsec. (a)(32). Pub. L. 95-83, § 307(q)(1), inserted "not accredited by a body or bodies approved for the purpose by the Commissioner of Education (regardless of whether such school of medicine is in the United States" after "graduates of a medical school" in first sentence and struck out second sentence exclusion of aliens provision with respect to application to special immigrants defined in section 1101(a)(27)(A) of this title (other than the parents, spouses, or children of the United States citizens or of aliens lawfully admitted for permanent residence).

Subsec. (j)(1)(B). Pub. L. 95-83, § 307(q)(2)(A), inserted cl. (i) and designated existing provisions as cl. (ii).

Subsec. (j)(1)(C). Pub. L. 95-83, § 307(q)(2)(B), substituted "that there is a need in that country for persons with the skills the alien will acquire in such education or training" for "that upon such completion and return, he will be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country".

Subsec. (j)(1)(D). Pub. L. 95-83, § 307(q)(2)(C), substituted "at the written request" for "at the request", struck out cl. “(i) such government provides a written assurance, satisfactory to the Secretary of Health, Education, and Welfare, that the alien will, at the end of such extension, be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country,", and redesignated as cls. (i) and (ii) former cls. (ii) and (iii).

Subsec. (j)(2)(A). Pub. L. 95-83, § 307(q)(2)(D), substituted "(A) and (B)" for "(A) through (D)".

1976-Subsec. (a)(14). Pub. L. 94-571, § 5, in revising par. (14), inserted in cl. (A) "(or equally qualified in the case of aliens who are members of the teaching profession or who have exceptional ability in the sciences or the arts)" and struck out "in the United States" after "sufficient workers" and "destined" before "to perform" and introductory provision of last sentence making exclusion of aliens under par. (14) applicable to special immigrants defined in former provision of section 1101(a)(27)(A) of this title (other than the parents, spouses, or children of United States citizens or of aliens lawfully admitted to the United States for permanent residence).

Subsec. (a)(24). Pub. L. 94-571, § 7(d), substituted in parenthetical text "section 1101(a)(27)(A) of this title and aliens born in the Western Hemisphere" for "section 1101(a)(27)(A) and (B) of this title".

Subsec. (a)(32). Pub. L. 94-484, § 601(a), added par. (32).

Subsec. (e). Pub. L. 94-484, § 601(c), substituted “(i) whose" for "whose (i)", and "residence, (ii)" for "residence, or (ii)", inserted "or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training," before "shall be eligible", and inserted ", except in the case of an alien described in clause (iii)," in second proviso. Subsec. (j). Pub. L. 94-484, § 601(d), added subsec. (j).

1970-Subsec. (e). Pub. L. 91-225 inserted cls. (i) and (ii) and reference to eligibility for nonimmigrant visa under section 1101(a)(15)(L) of this title, provided for waiver of requirement of two-year foreign residence abroad where alien cannot return to the country of his

nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion or where the foreign country of alien's nationality or last residence has furnished a written statement that it has no objection to such waiver for such alien, and struck out alternative provision for residence and physical presence in another foreign country and former first and final provisos which read as follows: "Provided, That such residence in another foreign country shall be considered to have satisfied the requirements of this subsection if the Secretary of State determines that it has served the purpose and the intent of the Mutual Educational and Cultural Exchange Act of 1961" and "And provided further, That the provisions of this subchapter shall apply also to those persons who acquired exchange visitor status under the United States Information and Educational Exchange Act of 1948, as amended."

1965-Subsec. (a)(1). Pub. L. 89–236, § 15(a), substituted "mentally retarded" for "feebleminded". Subsec. (a)(4). Pub. L. 89-236, § 15(b), substituted “or sexual deviation" for "epilepsy".

Subsec. (a)(14). Pub. L. 89-236, § 10(a), inserted requirement that Secretary of Labor make an affirmative finding that any alien seeking to enter the United States as a worker, skilled or otherwise, will not replace a worker in the United States nor will the employment of the alien adversely affect the wages and working conditions of individuals in the United States similarly employed, and made the requirement applicable to special immigrants (other than the parents, spouses, and minor children of U.S. citizens or perma. nent resident aliens), preference immigrants described in sections 1153(a)(3) and 1153(a)(6) of this title, and nonpreference immigrants.

Subsec. (a)(20). Pub. L. 89–236, § 10(b), substituted "1181(a)" for "1181(e)".

Subsec. (a)(21). Pub. L. 89-236, § 10(c), struck out "quota" before "immigrant”.

Subsec. (a)(24). Pub. L. 89–236, § 10(d), substituted "other than aliens described in section 1101(a)(27)(A) and (B)" for "other than those aliens who are nativeborn citizens of countries enumerated in section 1101(a)(27) of this title and aliens described in section 1101(a)(27)(B) of this title".

Subsec. (g). Pub. L. 89-236, § 15(c), redesignated subsec. (f) of sec. 212 of the Immigration and Nationality Act as subsec. (g) thereof, which for purposes of codification had already been designated as subsec. (g) of this section and granted the Attorney General authority to admit any alien who is the spouse, unmarried son or daughter, minor adopted child, or parent of a citizen or lawful permanent resident and who is mentally retarded or has a past history of mental illness under the same conditions as authorized in the case of such close relatives afflicted with tuberculosis.

Subsecs. (h), (i). Pub. L. 89–236, § 15(c), redesignated subsecs. (g) and (h) of sec. 212 of the Immigration and Nationality Act as subsecs. (h) and (i) respectively thereof, which for purposes of codification had already been designated as subsecs. (h) and (i) of this section.

1961-Subsec. (a)(6). Pub. L. 87-301, § 11, struck out references to tuberculosis and leprosy.

Subsec. (a)(9). Pub. L. 87-301, § 13, authorized admission of aliens who would be excluded because of conviction of a violation classifiable as an offense under section 1(3) of title 18, by reason of punishment actually imposed, or who admit commission of an offense classifiable as a misdemeanor under section 1(2) of title 18, by reason of punishment which might have been imposed, if otherwise admissible and provided the alien has committed, or admits to commission of, only one such offense.

Subsecs. (e), (f). Pub. L. 87-256 added subsec. (e) and redesignated former subsec. (e) as (f).

Subsecs. (g) to (i). Pub. L. 87-301, §§ 12, 14, 15, added subsecs. (f) to (h), which for purposes of codification have been designated as subsecs. (g) to (i).