II. EXCERPTS FROM RECENT ACTS A. IMMIGRATION ACT OF 1990 AND PROVISIONS SUPERSEDED 1. IMMIGRATION ACT OF 1990 (Public Law 101-649, Nov. 29, 1990; as amended by P.L. 102-65 (July 2, 1991, 105 Stat. 322), § 4 of the Armed Forces Immigration Adjustment Act of 1991 (P.L. of 102-110, Oct. 1. 1991, 105 Stat. 557), and title III of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1742 et seq.) SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Immigration Act of 1990". (b) REFERENCES IN ACT.-Except as specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment to or repeal of a provision, the reference shall be deemed to be made to the Immigration and Nationality Act. (c) TABLE OF CONTENTS.-The table of contents of this Act is as follows: Sec. 1. Short title; references in Act; table of contents. TITLE I-IMMIGRANTS Subtitle A-Worldwide and Per Country Levels Sec. 101. Worldwide levels. Sec. 102. Per country levels. Sec. 103. Treatment of Hong Kong under per country levels. Sec. 104. Asylee adjustments. Subtitle B-Preference System PART 1-FAMILY-SPONSORED IMMIGRANTS Sec. 111. Family-sponsored immigrants. Sec. 112. Transition for spouses and minor children of legalized aliens. PART 2-EMPLOYMENT-BASED IMMIGRANTS Sec. 121. Employment-based immigrants. Sec. 122. Changes in labor certification process. Sec. 123. Definitions of managerial capacity and executive capacity. Sec. 124. Transition for employees of certain United States businesses operating in Hong Kong. PART 3-DIVERSITY IMMIGRANTS Sec. 131. Diversity immigrants. Sec. 132. Diversity transition for aliens who are natives of certain adversely affected foreign states. Sec. 133. One-year diversity transition for aliens who have been notified of availability of NP-5 visas. Sec. 134. Transition for displaced Tibetans. Subtitle C-Commission and Information Sec. 141. Commission on Immigration Reform. Subtitle D-Miscellaneous Sec. 151. Revision of special immigrant provisions relating to religious workers (C special immigrants). Sec. 152. Special immigrant status for certain aliens employed at the United States mission in Hong Kong (D special immigrants). Sec. 153. Special immigrant status for certain aliens declared dependent on a juvenile court (J special immigrants). Sec. 154. Permitting extension of period of validity of immigrant visas for certain residents of Hong Kong. Sec. 155. Expedited issuance of Lebanese second and fifth preference visas. Subtitle E-Effective Dates; Conforming Amendments Sec. 161. Effective dates. Sec. 162. Conforming amendments. TITLE II-NONIMMIGRANTS Subtitle A-General and Permanent Provisions Sec. 201. Revision and extension of the visa waiver pilot program for foreign tourists (B nonimmigrants). Sec. 202. Denial of crewmember status in the case of certain labor disputes (D non immigrants). Sec. 203. Limitations on performance of longshore work by alien crewmen (D non immigrants). Sec. 204. Treaty traders (E nonimmigrants). Sec. 205. Temporary workers and trainees (H nonimmigrants). Sec. 206. Intra-company transferees (L nonimmigrants). Sec. 207. New classification for aliens with extraordinary ability, accompanying aliens, and athletes and entertainers (O & P nonimmigrants). Sec. 208. New classification for international cultural exchange programs (Q nonim migrants). Sec. 209. New classification for aliens in religious occupations (R nonimmigrants). Subtitle B-Temporary or Limited Provisions Sec. 221. Off-campus work authorization for students (F nonimmigrants). Sec. 222. Admission of nonimmigrants for cooperative research, development, and coproduction projects. Sec. 223. Establishment of special education exchange visitor program. Sec. 231. Effective dates. Subtitle C-Effective Dates TITLE III-FAMILY UNITY AND TEMPORARY PROTECTED STATUS Sec. 301. Family unity. Sec. 302. Temporary protected status. Sec. 303. Special temporary protected status for Salvadorans. TITLE IV-NATURALIZATION Sec. 401. Administrative naturalization. Sec. 402. Substituting 3 months residence in INS district or State for 6 months residence in a State. Sec. 403. Waiver of English language requirement for naturalization. Sec. 404. Treatment of service in armed forces of a foreign country. Sec. 405. Naturalization of natives of the Philippines through certain active-duty service during World War II. Sec. 406. Public education regarding naturalization benefits. Sec. 407. Conforming amendments. Sec. 408. Effective dates and savings provisions. TITLE V-ENFORCEMENT Subtitle A-Criminal Aliens Sec. 501. Aggravated felony definition. Sec. 502. Shortening period to request judicial review. Sec. 503. Enhancing enforcement authority of INS officers. Sec. 504. Custody pending determination of deportability and excludability. Sec. 507. Requiring coordination plan with INS as a condition for receipt of drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968. Sec. 508. Deportation for attempted violations of controlled substances laws. Sec. 510. Report on criminal aliens. Sec. 511. Limitation on waiver of exclusion for returning permanent residents convicted of an aggravated felony. Sec. 512. Authorization of additional immigration judges for deportation proceedings involving criminal aliens. Sec. 513. Effect of filing petition for review. Sec. 514. Extending bar on reentry of aliens convicted of aggravated felonies. Subtitle B-Provision Relating to Employer Sanctions Sec. 521. Elimination of paperwork requirement for recruiters and referrers. Subtitle C-Provisions Relating to Anti-Discrimination Sec. 531. Dissemination of information concerning anti-discrimination protections under IRCA and title VII of the Civil Rights Act of 1964. Sec. 532. Inclusion of certain seasonal agricultural workers within scope of anti-discrimination protections. Sec. 533. Elimination of requirement that aliens file a declaration of intending to become a citizen in order to file anti-discrimination complaint. Sec. 534. Anti-retaliation protections. Sec. 535. Treatment of certain actions as discrimination. Sec. 536. Conforming civil money penalties for anti-discrimination violations to those for employer sanctions. Sec. 537. Period for filing of complaints. Sec. 538. Special Counsel access to employment eligibility verification forms. Subtitle D-General Enforcement Sec. 541. Authorizing increase by 1,000 in border patrol personnel. Sec. 542. Application of increase in penalties to enhance enforcement activities. Sec. 543. Increase in fine levels; authority of the INS to collect fines. Sec. 544. Civil penalties for document fraud. Sec. 545. Deportation procedures; required notice of deportation hearing; limitation on discretionary relief. TITLE VI—EXCLUSION AND DEPORTATION Sec. 601. Revision of grounds for exclusion. Sec. 602. Revision of grounds for deportation. Sec. 603. Conforming amendments. TITLE VII-MISCELLANEOUS PROVISIONS Sec. 701. Battered spouse or child waiver of the conditional residence requirement. Sec. 702. Bona fide marriage exception to foreign residence requirement for mar riages entered into during certain immigration proceedings. Sec. 703. 1-year extension of deadline for filing applications for adjustment from temporary to permament residence for legalized aliens. Sec. 704. Commission on Agricultural Workers. Sec. 705. Immigration Emergency Fund. TITLE VIII-EDUCATION AND TRAINING Sec. 801. Educational assistance and training. TITLE I-IMMIGRANTS Subtitle A-Worldwide and Per Country Levels SEC. 101. WORLDWIDE LEVELS. (a) IN GENERAL.—[Omitted; revised entire text of section 201.] (b) CLERICAL AMENDMENT.-[Omitted; conforming amendment to table of contents.] 1 (c) 1 TRANSITION.—In applying the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (as amended by subsection (a)) in the case of a alien whose citizen spouse died before the date of the enactment of this Act, notwithstanding the deadline specified in such sentence the alien spouse may file the classification petition referred to in such sentence within 2 years after the date of the enactment of this Act. SEC. 102. PER COUNTRY LEVELS. Section 202 (8 U.S.C. 1152) is amended (1) [Omitted; amended entire text of subsection (a) of section 202.] (2) in subsection (b)-— (A) by inserting "RULES FOR CHARGEABILITY.—" after "(b)", and (B) by striking "the numerical limitation set forth in the proviso to subsection (a) of this section" each place it appears and inserting "a numerical level established under subsection (a)(2)"; (3) in subsection (c)— (A) by inserting "CHARGEABILITY FOR DEPENDENT AREAS.-" after “(c)", (B) by striking "a special immigrant" and all that follows through "201(b)" and inserting "an alien described in section 201(b)", and (C) by striking ", and the number" and all that follows through "one fiscal year"; (4) in subsection (d), by inserting "CHANGES IN TERRITORY.-" after "(d)”; and (5) [Omitted; amended entire text of subsection (e) of section 202.] SEC. 103. TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS. The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act shall be considered to have been granted, effective beginning with fiscal year 1991, with respect to Hong Kong as a separate foreign state, and not as a colony or other component or dependent area of another foreign state, except that the total number of immigrant visas made available to natives of Hong Kong under subsections (a) and (b) of section 203 of such Act in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000. SEC. 104. ASYLEE ADJUSTMENTS. (a) INCREASE IN NUMERICAL LIMITATION ON ADJUSTMENT OF ASYLEES. (1) IN GENERAL.-Section 209(b) (8 U.S.C. 1159(b)) is amended by striking "five thousand" and inserting "10,000". (2) Effective date and transITION.-The amendment made by paragraph (1) shall apply to fiscal years beginning with fiscal year 1991 and the President is authorized, without the need for appropriate consultation, to increase the refugee determination previously made under section 207 of the Immigration and Nationality Act for fiscal year 1991 in order to make such amendment effective for such fiscal year. (b) ANNUAL ASYLEE ENUMERATION.-Section 207(a) (8 U.S.C. 1157(a)) is amended by adding at the end the following new paragraph: "(4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year.". (c) WAIVER OF NUMERICal LimitatioN FOR CERTAIN CURRENT ASYLEES.-The numerical limitation on the number of aliens whose status may be adjusted under section 209(b) of the Immigration and Nationality Act shall not apply to an alien de 1 Subsection (c) was added by § 302(a)(2) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1742), effective as if included in the enactment of the Immigration Act of 1990. scribed in subsection (d) or to an alien who has applied for adjustment of status under such section on or before June 1, 1990. (d) ADJUSTMENT OF CERTAIN FORMER ASYLEES.— (1) IN GENERAL.-Subject to paragraph (2), the provisions of section 209(b) of the Immigration and Nationality Act shall also apply to an alien— (A) who was granted asylum before the date of the enactment of this Act (regardless of whether or not such asylum has been terminated under section 208(b) of the Immigration and Nationality Act), (B) who is no longer a refugee because of a change in circumstances in a foreign state, and (C) who was (or would be) qualified for adjustment of status under section 209(b) of the Immigration and Nationality Act as of the date of the enactment of this Act but for paragraphs (2) and (3) thereof and but for any numerical limitation under such section. (2) APPLICATION OF PER COUNTRY LIMITATIONS.-The number of aliens who are natives of any foreign state who may adjust status pursuant to paragraph (1) in any fiscal year shall not exceed the difference between the per country limitation established under section 202(a) of the Immigration and Nationality Act and the number of aliens who are chargeable to that foreign state in the fiscal year under section 202 of such Act. Subtitle B-Preference System PART 1-FAMILY-SPONSORED IMMIGRANTS SEC. 111. FAMILY-SPONSORED IMMIGRANTS. Section 203 (8 U.S.C. 1153) is amended (1) by redesignating subsections (b) through (e) as subsections (d) through (g), respectively, and (2) [Omitted; revised text of subsection (a) of section 203.] SEC. 112. TRANSITION FOR SPOUSES AND MINOR CHILDREN OF LEGALIZED ALIENS. (a) ADDITIONAL VISA NUMBERS.— (1) IN GENERAL.-In addition to any immigrant visas otherwise available, immigrant visa numbers shall be available in each of fiscal years 1992, 1993, and 1994 for spouses and children of eligible, legalized aliens (as defined in subsection (c)) in a number equal to 55,000 minus the number (if any) computed under paragraph (2) for the fiscal year. (2) OFFSET.-The number computed under this paragraph for a fiscal year is the number (if any) by which (A) the sum of the number of aliens described in subparagraphs (A) and (B) of section 201(b)(2) of the Immigration and Nationality Act (or, for fiscal year 1992, section 201(b) of such Act) who were issued immigrant visas or otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year, exceeds (B) 239,000. (b) ORDER.-Visa numbers under this section shall be made available in the order in which a petition, in behalf of each such immigrant for classification under section 203(a)(2) of the Immigration and Nationality Act, is filed with the Attorney General under section 204 of such Act. (c) LEGALIZED ALIEN DEFINED.-In this section, the term "legalized alien" means an alien lawfully admitted for permanent residence who was provided (1) temporary or permanent residence status under section 210 of the Immigration and Nationality Act, (2) temporary or permanent residence status under section 245A of the Immigration and Nationality Act, or (3) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986. (d) 2 DEFINITIONS.—The definitions in the Immigration and Nationality Act shall apply in the administration of this section. 2 Subsection (d) was added by § 302(b)(1)(B) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1743), effective as if included in the enactment of the Immigration Act of 1990. |