8 U.S.C. § 1182 : US Code - Section 1182: Inadmissible aliens

    (a) Classes of aliens ineligible for visas or admission
      Except as otherwise provided in this chapter, aliens who are
    inadmissible under the following paragraphs are ineligible to
    receive visas and ineligible to be admitted to the United States:
      (1) Health-related grounds
        (A) In general
          Any alien - 
            (i) who is determined (in accordance with regulations
          prescribed by the Secretary of Health and Human Services) to
          have a communicable disease of public health significance;
          (!1)

            (ii) except as provided in subparagraph (C), who seeks
          admission as an immigrant, or who seeks adjustment of status
          to the status of an alien lawfully admitted for permanent
          residence, and who has failed to present documentation of
          having received vaccination against vaccine-preventable
          diseases, which shall include at least the following
          diseases: mumps, measles, rubella, polio, tetanus and
          diphtheria toxoids, pertussis, influenza type B and hepatitis
          B, and any other vaccinations against vaccine-preventable
          diseases recommended by the Advisory Committee for
          Immunization Practices,
            (iii) who is determined (in accordance with regulations
          prescribed by the Secretary of Health and Human Services in
          consultation with the Attorney General) - 
              (I) to have a physical or mental disorder and behavior
            associated with the disorder that may pose, or has posed, a
            threat to the property, safety, or welfare of the alien or
            others, or
              (II) to have had a physical or mental disorder and a
            history of behavior associated with the disorder, which
            behavior has posed a threat to the property, safety, or
            welfare of the alien or others and which behavior is likely
            to recur or to lead to other harmful behavior, or

            (iv) who is determined (in accordance with regulations
          prescribed by the Secretary of Health and Human Services) to
          be a drug abuser or addict,

        is inadmissible.
        (B) Waiver authorized
          For provision authorizing waiver of certain clauses of
        subparagraph (A), see subsection (g) of this section.
        (C) Exception from immunization requirement for adopted
          children 10 years of age or younger
          Clause (ii) of subparagraph (A) shall not apply to a child
        who - 
            (i) is 10 years of age or younger,
            (ii) is described in subparagraph (F) or (G) of section
          1101(b)(1) of this title; (!1) and
            (iii) is seeking an immigrant visa as an immediate relative
          under section 1151(b) of this title,

        if, prior to the admission of the child, an adoptive parent or
        prospective adoptive parent of the child, who has sponsored the
        child for admission as an immediate relative, has executed an
        affidavit stating that the parent is aware of the provisions of
        subparagraph (A)(ii) and will ensure that, within 30 days of
        the child's admission, or at the earliest time that is
        medically appropriate, the child will receive the vaccinations
        identified in such subparagraph.
      (2) Criminal and related grounds
        (A) Conviction of certain crimes
          (i) In general
            Except as provided in clause (ii), any alien convicted of,
          or who admits having committed, or who admits committing acts
          which constitute the essential elements of - 
              (I) a crime involving moral turpitude (other than a
            purely political offense) or an attempt or conspiracy to
            commit such a crime, or
              (II) a violation of (or a conspiracy or attempt to
            violate) any law or regulation of a State, the United
            States, or a foreign country relating to a controlled
            substance (as defined in section 802 of title 21),

          is inadmissible.
          (ii) Exception
            Clause (i)(I) shall not apply to an alien who committed
          only one crime if - 
              (I) the crime was committed when the alien was under 18
            years of age, and the crime was committed (and the alien
            released from any confinement to a prison or correctional
            institution imposed for the crime) more than 5 years before
            the date of application for a visa or other documentation
            and the date of application for admission to the United
            States, or
              (II) the maximum penalty possible for the crime of which
            the alien was convicted (or which the alien admits having
            committed or of which the acts that the alien admits having
            committed constituted the essential elements) did not
            exceed imprisonment for one year and, if the alien was
            convicted of such crime, the alien was not sentenced to a
            term of imprisonment in excess of 6 months (regardless of
            the extent to which the sentence was ultimately executed).
        (B) Multiple criminal convictions
          Any alien convicted of 2 or more offenses (other than purely
        political offenses), regardless of whether the conviction was
        in a single trial or whether the offenses arose from a single
        scheme of misconduct and regardless of whether the offenses
        involved moral turpitude, for which the aggregate sentences to
        confinement were 5 years or more is inadmissible.
        (C) Controlled substance traffickers
          Any alien who the consular officer or the Attorney General
        knows or has reason to believe - 
            (i) is or has been an illicit trafficker in any controlled
          substance or in any listed chemical (as defined in section
          802 of title 21), or is or has been a knowing aider, abettor,
          assister, conspirator, or colluder with others in the illicit
          trafficking in any such controlled or listed substance or
          chemical, or endeavored to do so; or
            (ii) is the spouse, son, or daughter of an alien
          inadmissible under clause (i), has, within the previous 5
          years, obtained any financial or other benefit from the
          illicit activity of that alien, and knew or reasonably should
          have known that the financial or other benefit was the
          product of such illicit activity,

        is inadmissible.
        (D) Prostitution and commercialized vice
          Any alien who - 
            (i) is coming to the United States solely, principally, or
          incidentally to engage in prostitution, or has engaged in
          prostitution within 10 years of the date of application for a
          visa, admission, or adjustment of status,
            (ii) directly or indirectly procures or attempts to
          procure, or (within 10 years of the date of application for a
          visa, admission, or adjustment of status) procured or
          attempted to procure or to import, prostitutes or persons for
          the purpose of prostitution, or receives or (within such 10-
          year period) received, in whole or in part, the proceeds of
          prostitution, or
            (iii) is coming to the United States to engage in any other
          unlawful commercialized vice, whether or not related to
          prostitution,

        is inadmissible.
        (E) Certain aliens involved in serious criminal activity who
          have asserted immunity from prosecution
          Any alien - 
            (i) who has committed in the United States at any time a
          serious criminal offense (as defined in section 1101(h) of
          this title),
            (ii) for whom immunity from criminal jurisdiction was
          exercised with respect to that offense,
            (iii) who as a consequence of the offense and exercise of
          immunity has departed from the United States, and
            (iv) who has not subsequently submitted fully to the
          jurisdiction of the court in the United States having
          jurisdiction with respect to that offense,

        is inadmissible.
        (F) Waiver authorized
          For provision authorizing waiver of certain subparagraphs of
        this paragraph, see subsection (h) of this section.
        (G) Foreign government officials who have committed
          particularly severe violations of religious freedom
          Any alien who, while serving as a foreign government
        official, was responsible for or directly carried out, at any
        time, particularly severe violations of religious freedom, as
        defined in section 6402 of title 22, is inadmissible.
        (H) Significant traffickers in persons
          (i) In general
            Any alien who commits or conspires to commit human
          trafficking offenses in the United States or outside the
          United States, or who the consular officer, the Secretary of
          Homeland Security, the Secretary of State, or the Attorney
          General knows or has reason to believe is or has been a
          knowing aider, abettor, assister, conspirator, or colluder
          with such a trafficker in severe forms of trafficking in
          persons, as defined in the section 7102 of title 22, is
          inadmissible.
          (ii) Beneficiaries of trafficking
            Except as provided in clause (iii), any alien who the
          consular officer or the Attorney General knows or has reason
          to believe is the spouse, son, or daughter of an alien
          inadmissible under clause (i), has, within the previous 5
          years, obtained any financial or other benefit from the
          illicit activity of that alien, and knew or reasonably should
          have known that the financial or other benefit was the
          product of such illicit activity, is inadmissible.
          (iii) Exception for certain sons and daughters
            Clause (ii) shall not apply to a son or daughter who was a
          child at the time he or she received the benefit described in
          such clause.
        (I) Money laundering
          Any alien - 
            (i) who a consular officer or the Attorney General knows,
          or has reason to believe, has engaged, is engaging, or seeks
          to enter the United States to engage, in an offense which is
          described in section 1956 or 1957 of title 18 (relating to
          laundering of monetary instruments); or
            (ii) who a consular officer or the Attorney General knows
          is, or has been, a knowing aider, abettor, assister,
          conspirator, or colluder with others in an offense which is
          described in such section;

        is inadmissible.
      (3) Security and related grounds
        (A) In general
          Any alien who a consular officer or the Attorney General
        knows, or has reasonable ground to believe, seeks to enter the
        United States to engage solely, principally, or incidentally in
        - 
            (i) any activity (I) to violate any law of the United
          States relating to espionage or sabotage or (II) to violate
          or evade any law prohibiting the export from the United
          States of goods, technology, or sensitive information,
            (ii) any other unlawful activity, or
            (iii) any activity a purpose of which is the opposition to,
          or the control or overthrow of, the Government of the United
          States by force, violence, or other unlawful means,

        is inadmissible.
        (B) Terrorist activities
          (i) In general
            Any alien who - 
              (I) has engaged in a terrorist activity;
              (II) a consular officer, the Attorney General, or the
            Secretary of Homeland Security knows, or has reasonable
            ground to believe, is engaged in or is likely to engage
            after entry in any terrorist activity (as defined in clause
            (iv));
              (III) has, under circumstances indicating an intention to
            cause death or serious bodily harm, incited terrorist
            activity;
              (IV) is a representative (as defined in clause (v)) of - 
                (aa) a terrorist organization (as defined in clause
              (vi)); or
                (bb) a political, social, or other group that endorses
              or espouses terrorist activity;

              (V) is a member of a terrorist organization described in
            subclause (I) or (II) of clause (vi);
              (VI) is a member of a terrorist organization described in
            clause (vi)(III), unless the alien can demonstrate by clear
            and convincing evidence that the alien did not know, and
            should not reasonably have known, that the organization was
            a terrorist organization;
              (VII) endorses or espouses terrorist activity or
            persuades others to endorse or espouse terrorist activity
            or support a terrorist organization;
              (VIII) has received military-type training (as defined in
            section 2339D(c)(1) of title 18) from or on behalf of any
            organization that, at the time the training was received,
            was a terrorist organization (as defined in clause (vi));
            or
              (IX) is the spouse or child of an alien who is
            inadmissible under this subparagraph, if the activity
            causing the alien to be found inadmissible occurred within
            the last 5 years,

          is inadmissible. An alien who is an officer, official,
          representative, or spokesman of the Palestine Liberation
          Organization is considered, for purposes of this chapter, to
          be engaged in a terrorist activity.
          (ii) Exception
            Subclause (IX) of clause (i) does not apply to a spouse or
          child - 
              (I) who did not know or should not reasonably have known
            of the activity causing the alien to be found inadmissible
            under this section; or
              (II) whom the consular officer or Attorney General has
            reasonable grounds to believe has renounced the activity
            causing the alien to be found inadmissible under this
            section.
          (iii) "Terrorist activity" defined
            As used in this chapter, the term "terrorist activity"
          means any activity which is unlawful under the laws of the
          place where it is committed (or which, if it had been
          committed in the United States, would be unlawful under the
          laws of the United States or any State) and which involves
          any of the following:
              (I) The highjacking or sabotage of any conveyance
            (including an aircraft, vessel, or vehicle).
              (II) The seizing or detaining, and threatening to kill,
            injure, or continue to detain, another individual in order
            to compel a third person (including a governmental
            organization) to do or abstain from doing any act as an
            explicit or implicit condition for the release of the
            individual seized or detained.
              (III) A violent attack upon an internationally protected
            person (as defined in section 1116(b)(4) of title 18) or
            upon the liberty of such a person.
              (IV) An assassination.
              (V) The use of any - 
                (a) biological agent, chemical agent, or nuclear weapon
              or device, or
                (b) explosive, firearm, or other weapon or dangerous
              device (other than for mere personal monetary gain),

            with intent to endanger, directly or indirectly, the safety
            of one or more individuals or to cause substantial damage
            to property.
              (VI) A threat, attempt, or conspiracy to do any of the
            foregoing.
          (iv) "Engage in terrorist activity" defined
            As used in this chapter, the term "engage in terrorist
          activity" means, in an individual capacity or as a member of
          an organization - 
              (I) to commit or to incite to commit, under circumstances
            indicating an intention to cause death or serious bodily
            injury, a terrorist activity;
              (II) to prepare or plan a terrorist activity;
              (III) to gather information on potential targets for
            terrorist activity;
              (IV) to solicit funds or other things of value for - 
                (aa) a terrorist activity;
                (bb) a terrorist organization described in clause
              (vi)(I) or (vi)(II); or
                (cc) a terrorist organization described in clause
              (vi)(III), unless the solicitor can demonstrate by clear
              and convincing evidence that he did not know, and should
              not reasonably have known, that the organization was a
              terrorist organization;

              (V) to solicit any individual - 
                (aa) to engage in conduct otherwise described in this
              subsection;
                (bb) for membership in a terrorist organization
              described in clause (vi)(I) or (vi)(II); or
                (cc) for membership in a terrorist organization
              described in clause (vi)(III) unless the solicitor can
              demonstrate by clear and convincing evidence that he did
              not know, and should not reasonably have known, that the
              organization was a terrorist organization; or

              (VI) to commit an act that the actor knows, or reasonably
            should know, affords material support, including a safe
            house, transportation, communications, funds, transfer of
            funds or other material financial benefit, false
            documentation or identification, weapons (including
            chemical, biological, or radiological weapons), explosives,
            or training - 
                (aa) for the commission of a terrorist activity;
                (bb) to any individual who the actor knows, or
              reasonably should know, has committed or plans to commit
              a terrorist activity;
                (cc) to a terrorist organization described in subclause
              (I) or (II) of clause (vi) or to any member of such an
              organization; or
                (dd) to a terrorist organization described in clause
              (vi)(III), or to any member of such an organization,
              unless the actor can demonstrate by clear and convincing
              evidence that the actor did not know, and should not
              reasonably have known, that the organization was a
              terrorist organization.
          (v) "Representative" defined
            As used in this paragraph, the term "representative"
          includes an officer, official, or spokesman of an
          organization, and any person who directs, counsels, commands,
          or induces an organization or its members to engage in
          terrorist activity.
          (vi) "Terrorist organization" defined
            As used in this section, the term "terrorist organization"
          means an organization - 
              (I) designated under section 1189 of this title;
              (II) otherwise designated, upon publication in the
            Federal Register, by the Secretary of State in consultation
            with or upon the request of the Attorney General or the
            Secretary of Homeland Security, as a terrorist
            organization, after finding that the organization engages
            in the activities described in subclauses (I) through (VI)
            of clause (iv); or
              (III) that is a group of two or more individuals, whether
            organized or not, which engages in, or has a subgroup which
            engages in, the activities described in subclauses (I)
            through (VI) of clause (iv).
        (C) Foreign policy
          (i) In general
            An alien whose entry or proposed activities in the United
          States the Secretary of State has reasonable ground to
          believe would have potentially serious adverse foreign policy
          consequences for the United States is inadmissible.
          (ii) Exception for officials
            An alien who is an official of a foreign government or a
          purported government, or who is a candidate for election to a
          foreign government office during the period immediately
          preceding the election for that office, shall not be
          excludable or subject to restrictions or conditions on entry
          into the United States under clause (i) solely because of the
          alien's past, current, or expected beliefs, statements, or
          associations, if such beliefs, statements, or associations
          would be lawful within the United States.
          (iii) Exception for other aliens
            An alien, not described in clause (ii), shall not be
          excludable or subject to restrictions or conditions on entry
          into the United States under clause (i) because of the
          alien's past, current, or expected beliefs, statements, or
          associations, if such beliefs, statements, or associations
          would be lawful within the United States, unless the
          Secretary of State personally determines that the alien's
          admission would compromise a compelling United States foreign
          policy interest.
          (iv) Notification of determinations
            If a determination is made under clause (iii) with respect
          to an alien, the Secretary of State must notify on a timely
          basis the chairmen of the Committees on the Judiciary and
          Foreign Affairs of the House of Representatives and of the
          Committees on the Judiciary and Foreign Relations of the
          Senate of the identity of the alien and the reasons for the
          determination.
        (D) Immigrant membership in totalitarian party
          (i) In general
            Any immigrant who is or has been a member of or affiliated
          with the Communist or any other totalitarian party (or
          subdivision or affiliate thereof), domestic or foreign, is
          inadmissible.
          (ii) Exception for involuntary membership
            Clause (i) shall not apply to an alien because of
          membership or affiliation if the alien establishes to the
          satisfaction of the consular officer when applying for a visa
          (or to the satisfaction of the Attorney General when applying
          for admission) that the membership or affiliation is or was
          involuntary, or is or was solely when under 16 years of age,
          by operation of law, or for purposes of obtaining employment,
          food rations, or other essentials of living and whether
          necessary for such purposes.
          (iii) Exception for past membership
            Clause (i) shall not apply to an alien because of
          membership or affiliation if the alien establishes to the
          satisfaction of the consular officer when applying for a visa
          (or to the satisfaction of the Attorney General when applying
          for admission) that - 
              (I) the membership or affiliation terminated at least - 
                (a) 2 years before the date of such application, or
                (b) 5 years before the date of such application, in the
              case of an alien whose membership or affiliation was with
              the party controlling the government of a foreign state
              that is a totalitarian dictatorship as of such date, and

              (II) the alien is not a threat to the security of the
            United States.
          (iv) Exception for close family members
            The Attorney General may, in the Attorney General's
          discretion, waive the application of clause (i) in the case
          of an immigrant who is the parent, spouse, son, daughter,
          brother, or sister of a citizen of the United States or a
          spouse, son, or daughter of an alien lawfully admitted for
          permanent residence for humanitarian purposes, to assure
          family unity, or when it is otherwise in the public interest
          if the immigrant is not a threat to the security of the
          United States.
        (E) Participants in Nazi persecution, genocide, or the
          commission of any act of torture or extrajudicial killing
          (i) Participation in Nazi persecutions
            Any alien who, during the period beginning on March 23,
          1933, and ending on May 8, 1945, under the direction of, or
          in association with - 
              (I) the Nazi government of Germany,
              (II) any government in any area occupied by the military
            forces of the Nazi government of Germany,
              (III) any government established with the assistance or
            cooperation of the Nazi government of Germany, or
              (IV) any government which was an ally of the Nazi
            government of Germany,

          ordered, incited, assisted, or otherwise participated in the
          persecution of any person because of race, religion, national
          origin, or political opinion is inadmissible.
          (ii) Participation in genocide
            Any alien who ordered, incited, assisted, or otherwise
          participated in genocide, as defined in section 1091(a) of
          title 18, is inadmissible.
          (iii) Commission of acts of torture or extrajudicial killings
            Any alien who, outside the United States, has committed,
          ordered, incited, assisted, or otherwise participated in the
          commission of - 
              (I) any act of torture, as defined in section 2340 of
            title 18; or
              (II) under color of law of any foreign nation, any
            extrajudicial killing, as defined in section 3(a) of the
            Torture Victim Protection Act of 1991 (28 U.S.C. 1350
            note),

          is inadmissible.
        (F) Association with terrorist organizations
          Any alien who the Secretary of State, after consultation with
        the Attorney General, or the Attorney General, after
        consultation with the Secretary of State, determines has been
        associated with a terrorist organization and intends while in
        the United States to engage solely, principally, or
        incidentally in activities that could endanger the welfare,
        safety, or security of the United States is inadmissible.
        (G) Recruitment or use of child soldiers
          Any alien who has engaged in the recruitment or use of child
        soldiers in violation of section 2442 of title 18 is
        inadmissible.
      (4) Public charge
        (A) In general
          Any alien who, in the opinion of the consular officer at the
        time of application for a visa, or in the opinion of the
        Attorney General at the time of application for admission or
        adjustment of status, is likely at any time to become a public
        charge is inadmissible.
        (B) Factors to be taken into account
          (i) In determining whether an alien is inadmissible under
        this paragraph, the consular officer or the Attorney General
        shall at a minimum consider the alien's - 
            (I) age;
            (II) health;
            (III) family status;
            (IV) assets, resources, and financial status; and
            (V) education and skills.

          (ii) In addition to the factors under clause (i), the
        consular officer or the Attorney General may also consider any
        affidavit of support under section 1183a of this title for
        purposes of exclusion under this paragraph.
        (C) Family-sponsored immigrants
          Any alien who seeks admission or adjustment of status under a
        visa number issued under section 1151(b)(2) or 1153(a) of this
        title is inadmissible under this paragraph unless - 
            (i) the alien has obtained - 
              (I) status as a spouse or a child of a United States
            citizen pursuant to clause (ii), (iii), or (iv) of section
            1154(a)(1)(A) of this title;
              (II) classification pursuant to clause (ii) or (iii) of
            section 1154(a)(1)(B) of this title; or
              (III) classification or status as a VAWA self-petitioner;
            or

            (ii) the person petitioning for the alien's admission (and
          any additional sponsor required under section 1183a(f) of
          this title or any alternative sponsor permitted under
          paragraph (5)(B) of such section) has executed an affidavit
          of support described in section 1183a of this title with
          respect to such alien.
        (D) Certain employment-based immigrants
          Any alien who seeks admission or adjustment of status under a
        visa number issued under section 1153(b) of this title by
        virtue of a classification petition filed by a relative of the
        alien (or by an entity in which such relative has a significant
        ownership interest) is inadmissible under this paragraph unless
        such relative has executed an affidavit of support described in
        section 1183a of this title with respect to such alien.
      (5) Labor certification and qualifications for certain immigrants
        (A) Labor certification
          (i) In general
            Any alien who seeks to enter the United States for the
          purpose of performing skilled or unskilled labor is
          inadmissible, unless the Secretary of Labor has determined
          and certified to the Secretary of State and the Attorney
          General that - 
              (I) there are not sufficient workers who are able,
            willing, qualified (or equally qualified in the case of an
            alien described in clause (ii)) and available at the time
            of application for a visa and admission to the United
            States and at the place where the alien is to perform such
            skilled or unskilled labor, and
              (II) the employment of such alien will not adversely
            affect the wages and working conditions of workers in the
            United States similarly employed.
          (ii) Certain aliens subject to special rule
            For purposes of clause (i)(I), an alien described in this
          clause is an alien who - 
              (I) is a member of the teaching profession, or
              (II) has exceptional ability in the sciences or the arts.
          (iii) Professional athletes
            (I) In general
              A certification made under clause (i) with respect to a
            professional athlete shall remain valid with respect to the
            athlete after the athlete changes employer, if the new
            employer is a team in the same sport as the team which
            employed the athlete when the athlete first applied for the
            certification.
            (II) "Professional athlete" defined
              For purposes of subclause (I), the term "professional
            athlete" means an individual who is employed as an athlete
            by - 
                (aa) a team that is a member of an association of 6 or
              more professional sports teams whose total combined
              revenues exceed $10,000,000 per year, if the association
              governs the conduct of its members and regulates the
              contests and exhibitions in which its member teams
              regularly engage; or
                (bb) any minor league team that is affiliated with such
              an association.
          (iv) Long delayed adjustment applicants
            A certification made under clause (i) with respect to an
          individual whose petition is covered by section 1154(j) of
          this title shall remain valid with respect to a new job
          accepted by the individual after the individual changes jobs
          or employers if the new job is in the same or a similar
          occupational classification as the job for which the
          certification was issued.
        (B) Unqualified physicians
          An alien who is a graduate of a medical school not accredited
        by a body or bodies approved for the purpose by the Secretary
        of Education (regardless of whether such school of medicine is
        in the United States) and who is coming to the United States
        principally to perform services as a member of the medical
        profession is inadmissible, unless the alien (i) has passed
        parts I and II of the National Board of Medical Examiners
        Examination (or an equivalent examination as determined by the
        Secretary of Health and Human Services) and (ii) is competent
        in oral and written English. For purposes of the previous
        sentence, an alien who is a graduate of a medical school shall
        be considered to have passed parts I and II of the National
        Board of Medical Examiners if the alien was fully and
        permanently licensed to practice medicine in a State on January
        9, 1978, and was practicing medicine in a State on that date.
        (C) Uncertified foreign health-care workers
          Subject to subsection (r) of this section, any alien who
        seeks to enter the United States for the purpose of performing
        labor as a health-care worker, other than a physician, is
        inadmissible unless the alien presents to the consular officer,
        or, in the case of an adjustment of status, the Attorney
        General, a certificate from the Commission on Graduates of
        Foreign Nursing Schools, or a certificate from an equivalent
        independent credentialing organization approved by the Attorney
        General in consultation with the Secretary of Health and Human
        Services, verifying that - 
            (i) the alien's education, training, license, and
          experience - 
              (I) meet all applicable statutory and regulatory
            requirements for entry into the United States under the
            classification specified in the application;
              (II) are comparable with that required for an American
            health-care worker of the same type; and
              (III) are authentic and, in the case of a license,
            unencumbered;

            (ii) the alien has the level of competence in oral and
          written English considered by the Secretary of Health and
          Human Services, in consultation with the Secretary of
          Education, to be appropriate for health care work of the kind
          in which the alien will be engaged, as shown by an
          appropriate score on one or more nationally recognized,
          commercially available, standardized assessments of the
          applicant's ability to speak and write; and
            (iii) if a majority of States licensing the profession in
          which the alien intends to work recognize a test predicting
          the success on the profession's licensing or certification
          examination, the alien has passed such a test or has passed
          such an examination.

        For purposes of clause (ii), determination of the standardized
        tests required and of the minimum scores that are appropriate
        are within the sole discretion of the Secretary of Health and
        Human Services and are not subject to further administrative or
        judicial review.
        (D) Application of grounds
          The grounds for inadmissibility of aliens under subparagraphs
        (A) and (B) shall apply to immigrants seeking admission or
        adjustment of status under paragraph (2) or (3) of section
        1153(b) of this title.
      (6) Illegal entrants and immigration violators
        (A) Aliens present without admission or parole
          (i) In general
            An alien present in the United States without being
          admitted or paroled, or who arrives in the United States at
          any time or place other than as designated by the Attorney
          General, is inadmissible.
          (ii) Exception for certain battered women and children
            Clause (i) shall not apply to an alien who demonstrates
          that - 
              (I) the alien is a VAWA self-petitioner;
              (II)(a) the alien has been battered or subjected to
            extreme cruelty by a spouse or parent, or by a member of
            the spouse's or parent's family residing in the same
            household as the alien and the spouse or parent consented
            or acquiesced to such battery or cruelty, or (b) the
            alien's child has been battered or subjected to extreme
            cruelty by a spouse or parent of the alien (without the
            active participation of the alien in the battery or
            cruelty) or by a member of the spouse's or parent's family
            residing in the same household as the alien when the spouse
            or parent consented to or acquiesced in such battery or
            cruelty and the alien did not actively participate in such
            battery or cruelty, and
              (III) there was a substantial connection between the
            battery or cruelty described in subclause (I) or (II) and
            the alien's unlawful entry into the United States.
        (B) Failure to attend removal proceeding
          Any alien who without reasonable cause fails or refuses to
        attend or remain in attendance at a proceeding to determine the
        alien's inadmissibility or deportability and who seeks
        admission to the United States within 5 years of such alien's
        subsequent departure or removal is inadmissible.
        (C) Misrepresentation
          (i) In general
            Any alien who, by fraud or willfully misrepresenting a
          material fact, seeks to procure (or has sought to procure or
          has procured) a visa, other documentation, or admission into
          the United States or other benefit provided under this
          chapter is inadmissible.
          (ii) Falsely claiming citizenship
            (I) In general
              Any alien who falsely represents, or has falsely
            represented, himself or herself to be a citizen of the
            United States for any purpose or benefit under this chapter
            (including section 1324a of this title) or any other
            Federal or State law is inadmissible.
            (II) Exception
              In the case of an alien making a representation described
            in subclause (I), if each natural parent of the alien (or,
            in the case of an adopted alien, each adoptive parent of
            the alien) is or was a citizen (whether by birth or
            naturalization), the alien permanently resided in the
            United States prior to attaining the age of 16, and the
            alien reasonably believed at the time of making such
            representation that he or she was a citizen, the alien
            shall not be considered to be inadmissible under any
            provision of this subsection based on such representation.
          (iii) Waiver authorized
            For provision authorizing waiver of clause (i), see
          subsection (i) of this section.
        (D) Stowaways
          Any alien who is a stowaway is inadmissible.
        (E) Smugglers
          (i) In general
            Any alien who at any time knowingly has encouraged,
          induced, assisted, abetted, or aided any other alien to enter
          or to try to enter the United States in violation of law is
          inadmissible.
          (ii) Special rule in the case of family reunification
            Clause (i) shall not apply in the case of alien who is an
          eligible immigrant (as defined in section 301(b)(1) of the
          Immigration Act of 1990), was physically present in the
          United States on May 5, 1988, and is seeking admission as an
          immediate relative or under section 1153(a)(2) of this title
          (including under section 112 of the Immigration Act of 1990)
          or benefits under section 301(a) of the Immigration Act of
          1990 if the alien, before May 5, 1988, has encouraged,
          induced, assisted, abetted, or aided only the alien's spouse,
          parent, son, or daughter (and no other individual) to enter
          the United States in violation of law.
          (iii) Waiver authorized
            For provision authorizing waiver of clause (i), see
          subsection (d)(11) of this section.
        (F) Subject of civil penalty
          (i) In general
            An alien who is the subject of a final order for violation
          of section 1324c of this title is inadmissible.
          (ii) Waiver authorized
            For provision authorizing waiver of clause (i), see
          subsection (d)(12) of this section.
        (G) Student visa abusers
          An alien who obtains the status of a nonimmigrant under
        section 1101(a)(15)(F)(i) of this title and who violates a term
        or condition of such status under section 1184(l) (!2) of this
        title is inadmissible until the alien has been outside the
        United States for a continuous period of 5 years after the date
        of the violation.

      (7) Documentation requirements
        (A) Immigrants
          (i) In general
            Except as otherwise specifically provided in this chapter,
          any immigrant at the time of application for admission - 
              (I) who is not in possession of a valid unexpired
            immigrant visa, reentry permit, border crossing
            identification card, or other valid entry document required
            by this chapter, and a valid unexpired passport, or other
            suitable travel document, or document of identity and
            nationality if such document is required under the
            regulations issued by the Attorney General under section
            1181(a) of this title, or
              (II) whose visa has been issued without compliance with
            the provisions of section 1153 of this title,

          is inadmissible.
          (ii) Waiver authorized
            For provision authorizing waiver of clause (i), see
          subsection (k) of this section.
        (B) Nonimmigrants
          (i) In general
            Any nonimmigrant who - 
              (I) is not in possession of a passport valid for a
            minimum of six months from the date of the expiration of
            the initial period of the alien's admission or contemplated
            initial period of stay authorizing the alien to return to
            the country from which the alien came or to proceed to and
            enter some other country during such period, or
              (II) is not in possession of a valid nonimmigrant visa or
            border crossing identification card at the time of
            application for admission,

          is inadmissible.
          (ii) General waiver authorized
            For provision authorizing waiver of clause (i), see
          subsection (d)(4) of this section.
          (iii) Guam and Northern Mariana Islands visa waiver
            For provision authorizing waiver of clause (i) in the case
          of visitors to Guam or the Commonwealth of the Northern
          Mariana Islands, see subsection (l).
          (iv) Visa waiver program
            For authority to waive the requirement of clause (i) under
          a program, see section 1187 of this title.
      (8) Ineligible for citizenship
        (A) In general
          Any immigrant who is permanently ineligible to citizenship is
        inadmissible.
        (B) Draft evaders
          Any person who has departed from or who has remained outside
        the United States to avoid or evade training or service in the
        armed forces in time of war or a period declared by the
        President to be a national emergency is inadmissible, except
        that this subparagraph shall not apply to an alien who at the
        time of such departure was a nonimmigrant and who is seeking to
        reenter the United States as a nonimmigrant.
      (9) Aliens previously removed
        (A) Certain aliens previously removed
          (i) Arriving aliens
            Any alien who has been ordered removed under section
          1225(b)(1) of this title or at the end of proceedings under
          section 1229a of this title initiated upon the alien's
          arrival in the United States and who again seeks admission
          within 5 years of the date of such removal (or within 20
          years in the case of a second or subsequent removal or at any
          time in the case of an alien convicted of an aggravated
          felony) is inadmissible.
          (ii) Other aliens
            Any alien not described in clause (i) who - 
              (I) has been ordered removed under section 1229a of this
            title or any other provision of law, or
              (II) departed the United States while an order of removal
            was outstanding,

          and who seeks admission within 10 years of the date of such
          alien's departure or removal (or within 20 years of such date
          in the case of a second or subsequent removal or at any time
          in the case of an alien convicted of an aggravated felony) is
          inadmissible.
          (iii) Exception
            Clauses (i) and (ii) shall not apply to an alien seeking
          admission within a period if, prior to the date of the
          alien's reembarkation at a place outside the United States or
          attempt to be admitted from foreign contiguous territory, the
          Attorney General has consented to the alien's reapplying for
          admission.
        (B) Aliens unlawfully present
          (i) In general
            Any alien (other than an alien lawfully admitted for
          permanent residence) who - 
              (I) was unlawfully present in the United States for a
            period of more than 180 days but less than 1 year,
            voluntarily departed the United States (whether or not
            pursuant to section 1254a(e) (!3) of this title) prior to
            the commencement of proceedings under section 1225(b)(1) of
            this title or section 1229a of this title, and again seeks
            admission within 3 years of the date of such alien's
            departure or removal, or

              (II) has been unlawfully present in the United States for
            one year or more, and who again seeks admission within 10
            years of the date of such alien's departure or removal from
            the United States,

          is inadmissible.
          (ii) Construction of unlawful presence
            For purposes of this paragraph, an alien is deemed to be
          unlawfully present in the United States if the alien is
          present in the United States after the expiration of the
          period of stay authorized by the Attorney General or is
          present in the United States without being admitted or
          paroled.
          (iii) Exceptions
            (I) Minors
              No period of time in which an alien is under 18 years of
            age shall be taken into account in determining the period
            of unlawful presence in the United States under clause (i).
            (II) Asylees
              No period of time in which an alien has a bona fide
            application for asylum pending under section 1158 of this
            title shall be taken into account in determining the period
            of unlawful presence in the United States under clause (i)
            unless the alien during such period was employed without
            authorization in the United States.
            (III) Family unity
              No period of time in which the alien is a beneficiary of
            family unity protection pursuant to section 301 of the
            Immigration Act of 1990 shall be taken into account in
            determining the period of unlawful presence in the United
            States under clause (i).
            (IV) Battered women and children
              Clause (i) shall not apply to an alien who would be
            described in paragraph (6)(A)(ii) if "violation of the
            terms of the alien's nonimmigrant visa" were substituted
            for "unlawful entry into the United States" in subclause
            (III) of that paragraph.
            (V) Victims of a severe form of trafficking in persons
              Clause (i) shall not apply to an alien who demonstrates
            that the severe form of trafficking (as that term is
            defined in section 7102 of title 22) was at least one
            central reason for the alien's unlawful presence in the
            United States.
          (iv) Tolling for good cause
            In the case of an alien who - 
              (I) has been lawfully admitted or paroled into the United
            States,
              (II) has filed a nonfrivolous application for a change or
            extension of status before the date of expiration of the
            period of stay authorized by the Attorney General, and
              (III) has not been employed without authorization in the
            United States before or during the pendency of such
            application,

          the calculation of the period of time specified in clause
          (i)(I) shall be tolled during the pendency of such
          application, but not to exceed 120 days.
          (v) Waiver
            The Attorney General has sole discretion to waive clause
          (i) in the case of an immigrant who is the spouse or son or
          daughter of a United States citizen or of an alien lawfully
          admitted for permanent residence, if it is established to the
          satisfaction of the Attorney General that the refusal of
          admission to such immigrant alien would result in extreme
          hardship to the citizen or lawfully resident spouse or parent
          of such alien. No court shall have jurisdiction to review a
          decision or action by the Attorney General regarding a waiver
          under this clause.
        (C) Aliens unlawfully present after previous immigration
          violations
          (i) In general
            Any alien who - 
              (I) has been unlawfully present in the United States for
            an aggregate period of more than 1 year, or
              (II) has been ordered removed under section 1225(b)(1) of
            this title, section 1229a of this title, or any other
            provision of law,

          and who enters or attempts to reenter the United States
          without being admitted is inadmissible.
          (ii) Exception
            Clause (i) shall not apply to an alien seeking admission
          more than 10 years after the date of the alien's last
          departure from the United States if, prior to the alien's
          reembarkation at a place outside the United States or attempt
          to be readmitted from a foreign contiguous territory, the
          Secretary of Homeland Security has consented to the alien's
          reapplying for admission.
          (iii) Waiver
            The Secretary of Homeland Security may waive the
          application of clause (i) in the case of an alien who is a
          VAWA self-petitioner if there is a connection between - 
              (I) the alien's battering or subjection to extreme
            cruelty; and
              (II) the alien's removal, departure from the United
            States, reentry or reentries into the United States; or
            attempted reentry into the United States.
      (10) Miscellaneous
        (A) Practicing polygamists
          Any immigrant who is coming to the United States to practice
        polygamy is inadmissible.
        (B) Guardian required to accompany helpless alien
          Any alien - 
            (i) who is accompanying another alien who is inadmissible
          and who is certified to be helpless from sickness, mental or
          physical disability, or infancy pursuant to section 1222(c)
          of this title, and
            (ii) whose protection or guardianship is determined to be
          required by the alien described in clause (i),

        is inadmissible.
        (C) International child abduction
          (i) In general
            Except as provided in clause (ii), any alien who, after
          entry of 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 inadmissible until the child is
          surrendered to the person granted custody by that order.
          (ii) Aliens supporting abductors and relatives of abductors
            Any alien who - 
              (I) is known by the Secretary of State to have
            intentionally assisted an alien in the conduct described in
            clause (i),
              (II) is known by the Secretary of State to be
            intentionally providing material support or safe haven to
            an alien described in clause (i), or
              (III) is a spouse (other than the spouse who is the
            parent of the abducted child), child (other than the
            abducted child), parent, sibling, or agent of an alien
            described in clause (i), if such person has been designated
            by the Secretary of State at the Secretary's sole and
            unreviewable discretion, is inadmissible until the child
            described in clause (i) is surrendered to the person
            granted custody by the order described in that clause, and
            such person and child are permitted to return to the United
            States or such person's place of residence.
          (iii) Exceptions
            Clauses (i) and (ii) shall not apply - 
              (I) to a government official of the United States who is
            acting within the scope of his or her official duties;
              (II) to a government official of any foreign government
            if the official has been designated by the Secretary of
            State at the Secretary's sole and unreviewable discretion;
            or
              (III) so long as the child is located in a foreign state
            that is a party to the Convention on the Civil Aspects of
            International Child Abduction, done at The Hague on October
            25, 1980.
        (D) Unlawful voters
          (i) In general
            Any alien who has voted in violation of any Federal, State,
          or local constitutional provision, statute, ordinance, or
          regulation is inadmissible.
          (ii) Exception
            In the case of an alien who voted in a Federal, State, or
          local election (including an initiative, recall, or
          referendum) in violation of a lawful restriction of voting to
          citizens, if each natural parent of the alien (or, in the
          case of an adopted alien, each adoptive parent of the alien)
          is or was a citizen (whether by birth or naturalization), the
          alien permanently resided in the United States prior to
          attaining the age of 16, and the alien reasonably believed at
          the time of such violation that he or she was a citizen, the
          alien shall not be considered to be inadmissible under any
          provision of this subsection based on such violation.
        (E) Former citizens who renounced citizenship to avoid taxation
          Any alien who is a former citizen of the United States who
        officially renounces United States citizenship and who is
        determined by the Attorney General to have renounced United
        States citizenship for the purpose of avoiding taxation by the
        United States is inadmissible.
    (b) Notices of denials
      (1) Subject to paragraphs (2) and (3), if an alien's application
    for a visa, for admission to the United States, or for adjustment
    of status is denied by an immigration or consular officer because
    the officer determines the alien to be inadmissible under
    subsection (a) of this section, the officer shall provide the alien
    with a timely written notice that - 
        (A) states the determination, and
        (B) lists the specific provision or provisions of law under
      which the alien is inadmissible or adjustment (!4) of status.


      (2) The Secretary of State may waive the requirements of
    paragraph (1) with respect to a particular alien or any class or
    classes of inadmissible aliens.
      (3) Paragraph (1) does not apply to any alien inadmissible under
    paragraph (2) or (3) of subsection (a) of this section.
    (c) Repealed. Pub. L. 104-208, div. C, title III, Sec. 304(b),
      Sept. 30, 1996, 110 Stat. 3009-597
    (d) Temporary admission of nonimmigrants
      (1) The Attorney General shall determine whether a ground for
    inadmissibility exists with respect to a nonimmigrant described in
    section 1101(a)(15)(S) of this title. The Attorney General, in the
    Attorney General's discretion, may waive the application of
    subsection (a) of this section (other than paragraph (3)(E)) in the
    case of a nonimmigrant described in section 1101(a)(15)(S) of this
    title, if the Attorney General considers it to be in the national
    interest to do so. Nothing in this section shall be regarded as
    prohibiting the Immigration and Naturalization Service from
    instituting removal proceedings against an alien admitted as a
    nonimmigrant under section 1101(a)(15)(S) of this title for conduct
    committed after the alien's admission into the United States, or
    for conduct or a condition that was not disclosed to the Attorney
    General prior to the alien's admission as a nonimmigrant under
    section 1101(a)(15)(S) of this title.
      (2) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov.
    29, 1990, 104 Stat. 5076.
      (3)(A) Except as provided in this subsection, an alien (i) who is
    applying for a nonimmigrant visa and is known or believed by the
    consular officer to be ineligible for such visa under subsection
    (a) of this section (other than paragraphs (3)(A)(i)(I),
    (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of
    paragraph (3)(E) of such subsection), may, after approval by the
    Attorney General of a recommendation by the Secretary of State or
    by the consular officer that the alien be admitted temporarily
    despite his inadmissibility, be granted such a visa and may be
    admitted into the United States temporarily as a nonimmigrant in
    the discretion of the Attorney General, or (ii) who is inadmissible
    under subsection (a) of this section (other than paragraphs
    (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and
    (ii) of paragraph (3)(E) of such subsection), but who is in
    possession of appropriate documents or is granted a waiver thereof
    and is seeking admission, may be admitted into the United States
    temporarily as a nonimmigrant in the discretion of the Attorney
    General. The Attorney General shall prescribe conditions, including
    exaction of such bonds as may be necessary, to control and regulate
    the admission and return of inadmissible aliens applying for
    temporary admission under this paragraph.
      (B)(i) The Secretary of State, after consultation with the
    Attorney General and the Secretary of Homeland Security, or the
    Secretary of Homeland Security, after consultation with the
    Secretary of State and the Attorney General, may determine in such
    Secretary's sole unreviewable discretion that subsection (a)(3)(B)
    shall not apply with respect to an alien within the scope of that
    subsection or that subsection (a)(3)(B)(vi)(III) shall not apply to
    a group within the scope of that subsection, except that no such
    waiver may be extended to an alien who is within the scope of
    subsection (a)(3)(B)(i)(II), no such waiver may be extended to an
    alien who is a member or representative of, has voluntarily and
    knowingly engaged in or endorsed or espoused or persuaded others to
    endorse or espouse or support terrorist activity on behalf of, or
    has voluntarily and knowingly received military-type training from
    a terrorist organization that is described in subclause (I) or (II)
    of subsection (a)(3)(B)(vi), and no such waiver may be extended to
    a group that has engaged terrorist activity against the United
    States or another democratic country or that has purposefully
    engaged in a pattern or practice of terrorist activity that is
    directed at civilians. Such a determination shall neither prejudice
    the ability of the United States Government to commence criminal or
    civil proceedings involving a beneficiary of such a determination
    or any other person, nor create any substantive or procedural right
    or benefit for a beneficiary of such a determination or any other
    person. Notwithstanding any other provision of law (statutory or
    nonstatutory), including section 2241 of title 28, or any other
    habeas corpus provision, and sections 1361 and 1651 of such title,
    no court shall have jurisdiction to review such a determination or
    revocation except in a proceeding for review of a final order of
    removal pursuant to section 1252 of this title, and review shall be
    limited to the extent provided in section 1252(a)(2)(D). The
    Secretary of State may not exercise the discretion provided in this
    clause with respect to an alien at any time during which the alien
    is the subject of pending removal proceedings under section 1229a
    of this title.
      (ii) Not later than 90 days after the end of each fiscal year,
    the Secretary of State and the Secretary of Homeland Security shall
    each provide to the Committees on the Judiciary of the House of
    Representatives and of the Senate, the Committee on International
    Relations of the House of Representatives, the Committee on Foreign
    Relations of the Senate, and the Committee on Homeland Security of
    the House of Representatives a report on the aliens to whom such
    Secretary has applied clause (i). Within one week of applying
    clause (i) to a group, the Secretary of State or the Secretary of
    Homeland Security shall provide a report to such Committees.
      (4) Either or both of the requirements of paragraph (7)(B)(i) of
    subsection (a) of this section may be waived by the Attorney
    General and the Secretary of State acting jointly (A) on the basis
    of unforeseen emergency in individual cases, or (B) on the basis of
    reciprocity with respect to nationals of foreign contiguous
    territory or of adjacent islands and residents thereof having a
    common nationality with such nationals, or (C) in the case of
    aliens proceeding in immediate and continuous transit through the
    United States under contracts authorized in section 1223(c) of this
    title.
      (5)(A) The Attorney General may, except as provided in
    subparagraph (B) or in section 1184(f) of this title, in his
    discretion parole into the United States temporarily under such
    conditions as he may prescribe only on a case-by-case basis for
    urgent humanitarian reasons or significant public benefit any alien
    applying for admission to the United States, but such parole of
    such alien shall not be regarded as an admission of the alien and
    when the purposes of such parole shall, in the opinion of the
    Attorney General, have been served the alien shall forthwith return
    or be returned to the custody from which he was paroled and
    thereafter his case shall continue to be dealt with in the same
    manner as that of any other applicant for admission to the United
    States.
      (B) The Attorney General may not parole into the United States an
    alien who is a refugee unless the Attorney General determines that
    compelling reasons in the public interest with respect to that
    particular alien require that the alien be paroled into the United
    States rather than be admitted as a refugee under section 1157 of
    this title.
      (6) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov.
    29, 1990, 104 Stat. 5076.
      (7) The provisions of subsection (a) of this section (other than
    paragraph (7)) shall be applicable to any alien who shall leave
    Guam, the Commonwealth of the Northern Mariana Islands, Puerto
    Rico, or the Virgin Islands of the United States, and who seeks to
    enter the continental United States or any other place under the
    jurisdiction of the United States. The Attorney General shall by
    regulations provide a method and procedure for the temporary
    admission to the United States of the aliens described in this
    proviso.(!5) Any alien described in this paragraph, who is denied
    admission to the United States, shall be immediately removed in the
    manner provided by section 1231(c) of this title.

      (8) Upon a basis of reciprocity accredited officials of foreign
    governments, their immediate families, attendants, servants, and
    personal employees may be admitted in immediate and continuous
    transit through the United States without regard to the provisions
    of this section except paragraphs (3)(A), (3)(B), (3)(C), and
    (7)(B) of subsection (a) of this section.
      (9), (10) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A),
    Nov. 29, 1990, 104 Stat. 5076.
      (11) The Attorney General may, in his discretion for humanitarian
    purposes, to assure family unity, or when it is otherwise in the
    public interest, waive application of clause (i) of subsection
    (a)(6)(E) of this section in the case of any alien lawfully
    admitted for permanent residence who temporarily proceeded abroad
    voluntarily and not under an order of removal, and who is otherwise
    admissible to the United States as a returning resident under
    section 1181(b) of this title and in the case of an alien seeking
    admission or adjustment of status as an immediate relative or
    immigrant under section 1153(a) of this title (other than paragraph
    (4) thereof), if the alien has encouraged, induced, assisted,
    abetted, or aided only an individual who at the time of such action
    was the alien's spouse, parent, son, or daughter (and no other
    individual) to enter the United States in violation of law.
      (12) The Attorney General may, in the discretion of the Attorney
    General for humanitarian purposes or to assure family unity, waive
    application of clause (i) of subsection (a)(6)(F) of this section -
    
        (A) in the case of an alien lawfully admitted for permanent
      residence who temporarily proceeded abroad voluntarily and not
      under an order of deportation or removal and who is otherwise
      admissible to the United States as a returning resident under
      section 1181(b) of this title, and
        (B) in the case of an alien seeking admission or adjustment of
      status under section 1151(b)(2)(A) of this title or under section
      1153(a) of this title,

    if no previous civil money penalty was imposed against the alien
    under section 1324c of this title and the offense was committed
    solely to assist, aid, or support the alien's spouse or child (and
    not another individual). No court shall have jurisdiction to review
    a decision of the Attorney General to grant or deny a waiver under
    this paragraph.
      (13)(A) The Secretary of Homeland Security shall determine
    whether a ground for inadmissibility exists with respect to a
    nonimmigrant described in section 1101(a)(15)(T) of this title,
    except that the ground for inadmissibility described in subsection
    (a)(4) of this section shall not apply with respect to such a
    nonimmigrant.
      (B) In addition to any other waiver that may be available under
    this section, in the case of a nonimmigrant described in section
    1101(a)(15)(T) of this title, if the Secretary of Homeland Security
    considers it to be in the national interest to do so, the Secretary
    of Homeland Security, in the Attorney General's (!6) discretion,
    may waive the application of - 

        (i) subsection (a)(1) of this section; and
        (ii) any other provision of subsection (a) of this section
      (excluding paragraphs (3), (4), (10)(C), and (10(E)) (!7) if the
      activities rendering the alien inadmissible under the provision
      were caused by, or were incident to, the victimization described
      in section 1101(a)(15)(T)(i)(I) of this title.


      (14) The Secretary of Homeland Security shall determine whether a
    ground of inadmissibility exists with respect to a nonimmigrant
    described in section 1101(a)(15)(U) of this title. The Secretary of
    Homeland Security, in the Attorney General's (!6) discretion, may
    waive the application of subsection (a) of this section (other than
    paragraph (3)(E)) in the case of a nonimmigrant described in
    section 1101(a)(15)(U) of this title, if the Secretary of Homeland
    Security considers it to be in the public or national interest to
    do so.
    (e) Educational visitor status; foreign residence requirement;
      waiver
      No person admitted under section 1101(a)(15)(J) of this title or
    acquiring such status after admission (i) whose participation in
    the program for which he came to the United States was financed in
    whole or in part, directly or indirectly, by an agency of the
    Government of the United States or by the government of the country
    of his nationality or his last residence, (ii) who at the time of
    admission or acquisition of status under section 1101(a)(15)(J) of
    this title was a national or resident of a country which the
    Director of the United States Information Agency, pursuant to
    regulations prescribed by him, had designated as clearly requiring
    the services of persons engaged in the field of specialized
    knowledge or skill in which the alien was engaged, or (iii) who
    came to the United States or acquired such status in order to
    receive graduate medical education or training, shall be eligible
    to apply for an immigrant visa, or for permanent residence, or for
    a nonimmigrant visa under section 1101(a)(15)(H) or section
    1101(a)(15)(L) of this title until it is established that such
    person has resided and been physically present in the country of
    his nationality or his last residence for an aggregate of at least
    two years following departure from the United States: Provided,
    That upon the favorable recommendation of the Director, pursuant to
    the request of an interested United States Government agency (or,
    in the case of an alien described in clause (iii), pursuant to the
    request of a State Department of Public Health, or its equivalent),
    or of the Commissioner of Immigration and Naturalization after he
    has determined that departure from the United States would impose
    exceptional hardship upon the alien's spouse or child (if such
    spouse or child is a citizen of the United States or a lawfully
    resident alien), or that the 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, the
    Attorney General may waive the requirement of such two-year foreign
    residence abroad in the case of any alien whose admission to the
    United States is found by the Attorney General to be in the public
    interest except that in the case of a waiver requested by a State
    Department of Public Health, or its equivalent, or in the case of a
    waiver requested by an interested United States Government agency
    on behalf of an alien described in clause (iii), the waiver shall
    be subject to the requirements of section 1184(l) of this title:
    And provided further, That, except in the case of an alien
    described in clause (iii), the Attorney General may, upon the
    favorable recommendation of the Director, waive such two-year
    foreign residence requirement in any case in which the foreign
    country of the alien's nationality or last residence has furnished
    the Director a statement in writing that it has no objection to
    such waiver in the case of such alien.
    (f) Suspension of entry or imposition of restrictions by President
      Whenever the President finds that the entry of any aliens or of
    any class of aliens into the United States would be detrimental to
    the interests of the United States, he may by proclamation, and for
    such period as he shall deem necessary, suspend the entry of all
    aliens or any class of aliens as immigrants or nonimmigrants, or
    impose on the entry of aliens any restrictions he may deem to be
    appropriate. Whenever the Attorney General finds that a commercial
    airline has failed to comply with regulations of the Attorney
    General relating to requirements of airlines for the detection of
    fraudulent documents used by passengers traveling to the United
    States (including the training of personnel in such detection), the
    Attorney General may suspend the entry of some or all aliens
    transported to the United States by such airline.
    (g) Bond and conditions for admission of alien inadmissible on
      health-related grounds
      The Attorney General may waive the application of - 
        (1) subsection (a)(1)(A)(i) in the case of any alien who - 
          (A) is the spouse or the unmarried son or daughter, or the
        minor unmarried lawfully adopted child, of a United States
        citizen, or of an alien lawfully admitted for permanent
        residence, or of an alien who has been issued an immigrant
        visa,
          (B) has a son or daughter who is a United States citizen, or
        an alien lawfully admitted for permanent residence, or an alien
        who has been issued an immigrant visa; or
          (C) is a VAWA self-petitioner,

      in accordance with such terms, conditions, and controls, if any,
      including the giving of bond, as the Attorney General, in the
      discretion of the Attorney General after consultation with the
      Secretary of Health and Human Services, may by regulation
      prescribe;
        (2) subsection (a)(1)(A)(ii) of this section in the case of any
      alien - 
          (A) who receives vaccination against the vaccine-preventable
        disease or diseases for which the alien has failed to present
        documentation of previous vaccination,
          (B) for whom a civil surgeon, medical officer, or panel
        physician (as those terms are defined by section 34.2 of title
        42 of the Code of Federal Regulations) certifies, according to
        such regulations as the Secretary of Health and Human Services
        may prescribe, that such vaccination would not be medically
        appropriate, or
          (C) under such circumstances as the Attorney General provides
        by regulation, with respect to whom the requirement of such a
        vaccination would be contrary to the alien's religious beliefs
        or moral convictions; or

        (3) subsection (a)(1)(A)(iii) of this section in the case of
      any alien, in accordance with such terms, conditions, and
      controls, if any, including the giving of bond, as the Attorney
      General, in the discretion of the Attorney General after
      consultation with the Secretary of Health and Human Services, may
      by regulation prescribe.
    (h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)
      The Attorney General may, in his discretion, waive the
    application of subparagraphs (A)(i)(I), (B), (D), and (E) of
    subsection (a)(2) of this section and subparagraph (A)(i)(II) of
    such subsection insofar as it relates to a single offense of simple
    possession of 30 grams or less of marijuana if - 
        (1)(A) in the case of any immigrant it is established to the
      satisfaction of the Attorney General that - 
          (i) the alien is inadmissible only under subparagraph (D)(i)
        or (D)(ii) of such subsection or the activities for which the
        alien is inadmissible occurred more than 15 years before the
        date of the alien's application for a visa, admission, or
        adjustment of status,
          (ii) the admission to the United States of such alien would
        not be contrary to the national welfare, safety, or security of
        the United States, and
          (iii) the alien has been rehabilitated; or

        (B) in the case of an immigrant who is the spouse, parent, son,
      or daughter of a citizen of the United States or an alien
      lawfully admitted for permanent residence if it is established to
      the satisfaction of the Attorney General that the alien's denial
      of admission would result in extreme hardship to the United
      States citizen or lawfully resident spouse, parent, son, or
      daughter of such alien; or
        (C) the alien is a VAWA self-petitioner; and
        (2) the Attorney General, in his discretion, and pursuant to
      such terms, conditions and procedures as he may by regulations
      prescribe, has consented to the alien's applying or reapplying
      for a visa, for admission to the United States, or adjustment of
      status.

    No waiver shall be provided under this subsection in the case of an
    alien who has been convicted of (or who has admitted committing
    acts that constitute) murder or criminal acts involving torture, or
    an attempt or conspiracy to commit murder or a criminal act
    involving torture. No waiver shall be granted under this subsection
    in the case of an alien who has previously been admitted to the
    United States as an alien lawfully admitted for permanent residence
    if either since the date of such admission the alien has been
    convicted of an aggravated felony or the alien has not lawfully
    resided continuously in the United States for a period of not less
    than 7 years immediately preceding the date of initiation of
    proceedings to remove the alien from the United States. No court
    shall have jurisdiction to review a decision of the Attorney
    General to grant or deny a waiver under this subsection.
    (i) Admission of immigrant inadmissible for fraud or willful
      misrepresentation of material fact
      (1) The Attorney General may, in the discretion of the Attorney
    General, waive the application of clause (i) of subsection
    (a)(6)(C) of this section in the case of an immigrant who is the
    spouse, son, or daughter of a United States citizen or of an alien
    lawfully admitted for permanent residence if it is established to
    the satisfaction of the Attorney General that the refusal of
    admission to the United States of such immigrant alien would result
    in extreme hardship to the citizen or lawfully resident spouse or
    parent of such an alien or, in the case of a VAWA self-petitioner,
    the alien demonstrates extreme hardship to the alien or the alien's
    United States citizen, lawful permanent resident, or qualified
    alien parent or child.
      (2) No court shall have jurisdiction to review a decision or
    action of the Attorney General regarding a waiver under paragraph
    (1).
    (j) Limitation on immigration of foreign medical graduates
      (1) The additional requirements referred to in section
    1101(a)(15)(J) of this title for an alien who is coming to the
    United States under a program under which he will receive graduate
    medical education or training are as follows:
        (A) A school of medicine or of one of the other health
      professions, which is accredited by a body or bodies approved for
      the purpose by the Secretary of Education, has agreed in writing
      to provide the graduate medical education or training under the
      program for which the alien is coming to the United States or to
      assume responsibility for arranging for the provision thereof by
      an appropriate public or nonprofit private institution or agency,
      except that, in the case of such an agreement by a school of
      medicine, any one or more of its affiliated hospitals which are
      to participate in the provision of the graduate medical education
      or training must join in the agreement.
        (B) Before making such agreement, the accredited school has
      been satisfied that the alien (i) is a graduate of a school of
      medicine which is accredited by a body or bodies approved for the
      purpose by the Secretary of Education (regardless of whether such
      school of medicine is in the United States); or (ii)(I) has
      passed parts I and II of the National Board of Medical Examiners
      Examination (or an equivalent examination as determined by the
      Secretary of Health and Human Services), (II) has competency in
      oral and written English, (III) will be able to adapt to the
      educational and cultural environment in which he will be
      receiving his education or training, and (IV) has adequate prior
      education and training to participate satisfactorily in the
      program for which he is coming to the United States. For the
      purposes of this subparagraph, an alien who is a graduate of a
      medical school shall 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 January 9, 1978, and was practicing medicine in a
      State on that date.
        (C) The alien has made a commitment to return to the country of
      his nationality or last residence upon completion of the
      education or training for which he is coming to the United
      States, and the government of the country of his nationality or
      last residence has provided a written assurance, satisfactory to
      the Secretary of Health and Human Services, that there is a need
      in that country for persons with the skills the alien will
      acquire in such education or training.
        (D) The duration of the alien's participation in the program of
      graduate medical education or training for which the alien is
      coming to the United States is limited to the time typically
      required to complete such program, as determined by the Director
      of the United States Information Agency at the time of the
      alien's admission into the United States, based on criteria which
      are established in coordination with the Secretary of Health and
      Human Services and which take into consideration the published
      requirements of the medical specialty board which administers
      such education or training program; except that - 
          (i) such duration is further limited to seven years unless
        the alien has demonstrated to the satisfaction of the Director
        that the country to which the alien will return at the end of
        such specialty education or training has an exceptional need
        for an individual trained in such specialty, and
          (ii) the alien may, once and not later than two years after
        the date the alien is admitted to the United States as an
        exchange visitor or acquires exchange visitor status, change
        the alien's designated program of graduate medical education or
        training if the Director approves the change and if a
        commitment and written assurance with respect to the alien's
        new program have been provided in accordance with subparagraph
        (C).

        (E) The alien furnishes the Attorney General each year with an
      affidavit (in such form as the Attorney General shall prescribe)
      that attests that the alien (i) is in good standing in the
      program of graduate medical education or training in which the
      alien is participating, and (ii) will return to the country of
      his nationality or last residence upon completion of the
      education or training for which he came to the United States.

      (2) An alien who is a graduate of a medical school and who is
    coming to the United States to perform services as a member of the
    medical profession may not be admitted as a nonimmigrant under
    section 1101(a)(15)(H)(i)(b) of this title unless - 
        (A) the alien 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, or
        (B)(i) the alien has passed the Federation licensing
      examination (administered by the Federation of State Medical
      Boards of the United States) or an equivalent examination as
      determined by the Secretary of Health and Human Services, and
        (ii)(I) has competency in oral and written English or (II) is a
      graduate of a school of medicine which is accredited by a body or
      bodies approved for the purpose by the Secretary of Education
      (regardless of whether such school of medicine is in the United
      States).

      (3) Omitted.
    (k) Attorney General's discretion to admit otherwise inadmissible
      aliens who possess immigrant visas
      Any alien, inadmissible from the United States under paragraph
    (5)(A) or (7)(A)(i) of subsection (a) of this section, who is in
    possession of an immigrant visa may, if otherwise admissible, be
    admitted in the discretion of the Attorney General if the Attorney
    General is satisfied that inadmissibility was not known to, and
    could not have been ascertained by the exercise of reasonable
    diligence by, the immigrant before the time of departure of the
    vessel or aircraft from the last port outside the United States and
    outside foreign contiguous territory or, in the case of an
    immigrant coming from foreign contiguous territory, before the time
    of the immigrant's application for admission.
    (l) Guam and Northern Mariana Islands visa waiver program
      (1) In general
        The requirement of subsection (a)(7)(B)(i) may be waived by the
      Secretary of Homeland Security, in the case of an alien applying
      for admission as a nonimmigrant visitor for business or pleasure
      and solely for entry into and stay in Guam or the Commonwealth of
      the Northern Mariana Islands for a period not to exceed 45 days,
      if the Secretary of Homeland Security, after consultation with
      the Secretary of the Interior, the Secretary of State, the
      Governor of Guam and the Governor of the Commonwealth of the
      Northern Mariana Islands, determines that - 
          (A) an adequate arrival and departure control system has been
        developed in Guam and the Commonwealth of the Northern Mariana
        Islands; and
          (B) such a waiver does not represent a threat to the welfare,
        safety, or security of the United States or its territories and
        commonwealths.
      (2) Alien waiver of rights
        An alien may not be provided a waiver under this subsection
      unless the alien has waived any right - 
          (A) to review or appeal under this chapter an immigration
        officer's determination as to the admissibility of the alien at
        the port of entry into Guam or the Commonwealth of the Northern
        Mariana Islands; or
          (B) to contest, other than on the basis of an application for
        withholding of removal under section 1231(b)(3) of this title
        or under the Convention Against Torture, or an application for
        asylum if permitted under section 1158 of this title, any
        action for removal of the alien.
      (3) Regulations
        All necessary regulations to implement this subsection shall be
      promulgated by the Secretary of Homeland Security, in
      consultation with the Secretary of the Interior and the Secretary
      of State, on or before the 180th day after May 8, 2008. The
      promulgation of such regulations shall be considered a foreign
      affairs function for purposes of section 553(a) of title 5. At a
      minimum, such regulations should include, but not necessarily be
      limited to - 
          (A) a listing of all countries whose nationals may obtain the
        waiver also provided by this subsection, except that such
        regulations shall provide for a listing of any country from
        which the Commonwealth has received a significant economic
        benefit from the number of visitors for pleasure within the one-
        year period preceding May 8, 2008, unless the Secretary of
        Homeland Security determines that such country's inclusion on
        such list would represent a threat to the welfare, safety, or
        security of the United States or its territories; and
          (B) any bonding requirements for nationals of some or all of
        those countries who may present an increased risk of overstays
        or other potential problems, if different from such
        requirements otherwise provided by law for nonimmigrant
        visitors.
      (4) Factors
        In determining whether to grant or continue providing the
      waiver under this subsection to nationals of any country, the
      Secretary of Homeland Security, in consultation with the
      Secretary of the Interior and the Secretary of State, shall
      consider all factors that the Secretary deems relevant, including
      electronic travel authorizations, procedures for reporting lost
      and stolen passports, repatriation of aliens, rates of refusal
      for nonimmigrant visitor visas, overstays, exit systems, and
      information exchange.
      (5) Suspension
        The Secretary of Homeland Security shall monitor the admission
      of nonimmigrant visitors to Guam and the Commonwealth of the
      Northern Mariana Islands under this subsection. If the Secretary
      determines that such admissions have resulted in an unacceptable
      number of visitors from a country remaining unlawfully in Guam or
      the Commonwealth of the Northern Mariana Islands, unlawfully
      obtaining entry to other parts of the United States, or seeking
      withholding of removal or asylum, or that visitors from a country
      pose a risk to law enforcement or security interests of Guam or
      the Commonwealth of the Northern Mariana Islands or of the United
      States (including the interest in the enforcement of the
      immigration laws of the United States), the Secretary shall
      suspend the admission of nationals of such country under this
      subsection. The Secretary of Homeland Security may in the
      Secretary's discretion suspend the Guam and Northern Mariana
      Islands visa waiver program at any time, on a country-by-country
      basis, for other good cause.
      (6) Addition of countries
        The Governor of Guam and the Governor of the Commonwealth of
      the Northern Mariana Islands may request the Secretary of the
      Interior and the Secretary of Homeland Security to add a
      particular country to the list of countries whose nationals may
      obtain the waiver provided by this subsection, and the Secretary
      of Homeland Security may grant such request after consultation
      with the Secretary of the Interior and the Secretary of State,
      and may promulgate regulations with respect to the inclusion of
      that country and any special requirements the Secretary of
      Homeland Security, in the Secretary's sole discretion, may impose
      prior to allowing nationals of that country to obtain the waiver
      provided by this subsection.
    (m) Requirements for admission of nonimmigrant nurses
      (1) The qualifications referred to in section
    1101(a)(15)(H)(i)(c) of this title, with respect to an alien who is
    coming to the United States to perform nursing services for a
    facility, are that the alien - 
        (A) has obtained a full and unrestricted license to practice
      professional nursing in the country where the alien obtained
      nursing education or has received nursing education in the United
      States;
        (B) has passed an appropriate examination (recognized in
      regulations promulgated in consultation with the Secretary of
      Health and Human Services) or has a full and unrestricted license
      under State law to practice professional nursing in the State of
      intended employment; and
        (C) is fully qualified and eligible under the laws (including
      such temporary or interim licensing requirements which authorize
      the nurse to be employed) governing the place of intended
      employment to engage in the practice of professional nursing as a
      registered nurse immediately upon admission to the United States
      and is authorized under such laws to be employed by the facility.

      (2)(A) The attestation referred to in section
    1101(a)(15)(H)(i)(c) of this title, with respect to a facility for
    which an alien will perform services, is an attestation as to the
    following:
        (i) The facility meets all the requirements of paragraph (6).
        (ii) The employment of the alien will not adversely affect the
      wages and working conditions of registered nurses similarly
      employed.
        (iii) The alien employed by the facility will be paid the wage
      rate for registered nurses similarly employed by the facility.
        (iv) The facility has taken and is taking timely and
      significant steps designed to recruit and retain sufficient
      registered nurses who are United States citizens or immigrants
      who are authorized to perform nursing services, in order to
      remove as quickly as reasonably possible the dependence of the
      facility on nonimmigrant registered nurses.
        (v) There is not a strike or lockout in the course of a labor
      dispute, the facility did not lay off and will not lay off a
      registered nurse employed by the facility within the period
      beginning 90 days before and ending 90 days after the date of
      filing of any visa petition, and the employment of such an alien
      is not intended or designed to influence an election for a
      bargaining representative for registered nurses of the facility.
        (vi) At the time of the filing of the petition for registered
      nurses under section 1101(a)(15)(H)(i)(c) of this title, notice
      of the filing has been provided by the facility to the bargaining
      representative of the registered nurses at the facility or, where
      there is no such bargaining representative, notice of the filing
      has been provided to the registered nurses employed at the
      facility through posting in conspicuous locations.
        (vii) The facility will not, at any time, employ a number of
      aliens issued visas or otherwise provided nonimmigrant status
      under section 1101(a)(15)(H)(i)(c) of this title that exceeds 33
      percent of the total number of registered nurses employed by the
      facility.
        (viii) The facility will not, with respect to any alien issued
      a visa or otherwise provided nonimmigrant status under section
      1101(a)(15)(H)(i)(c) of this title - 
          (I) authorize the alien to perform nursing services at any
        worksite other than a worksite controlled by the facility; or
          (II) transfer the place of employment of the alien from one
        worksite to another.

      Nothing in clause (iv) shall be construed as requiring a facility
      to have taken significant steps described in such clause before
      November 12, 1999. A copy of the attestation shall be provided,
      within 30 days of the date of filing, to registered nurses
      employed at the facility on the date of filing.

      (B) For purposes of subparagraph (A)(iv), each of the following
    shall be considered a significant step reasonably designed to
    recruit and retain registered nurses:
        (i) Operating a training program for registered nurses at the
      facility or financing (or providing participation in) a training
      program for registered nurses elsewhere.
        (ii) Providing career development programs and other methods of
      facilitating health care workers to become registered nurses.
        (iii) Paying registered nurses wages at a rate higher than
      currently being paid to registered nurses similarly employed in
      the geographic area.
        (iv) Providing reasonable opportunities for meaningful salary
      advancement by registered nurses.

    The steps described in this subparagraph shall not be considered to
    be an exclusive list of the significant steps that may be taken to
    meet the conditions of subparagraph (A)(iv). Nothing in this
    subparagraph shall require a facility to take more than one step if
    the facility can demonstrate that taking a second step is not
    reasonable.
      (C) Subject to subparagraph (E), an attestation under
    subparagraph (A) - 
        (i) shall expire on the date that is the later of - 
          (I) the end of the one-year period beginning on the date of
        its filing with the Secretary of Labor; or
          (II) the end of the period of admission under section
        1101(a)(15)(H)(i)(c) of this title of the last alien with
        respect to whose admission it was applied (in accordance with
        clause (ii)); and

        (ii) shall apply to petitions filed during the one-year period
      beginning on the date of its filing with the Secretary of Labor
      if the facility states in each such petition that it continues to
      comply with the conditions in the attestation.

      (D) A facility may meet the requirements under this paragraph
    with respect to more than one registered nurse in a single
    petition.
      (E)(i) The Secretary of Labor shall compile and make available
    for public examination in a timely manner in Washington, D.C., a
    list identifying facilities which have filed petitions for
    nonimmigrants under section 1101(a)(15)(H)(i)(c) of this title and,
    for each such facility, a copy of the facility's attestation under
    subparagraph (A) (and accompanying documentation) and each such
    petition filed by the facility.
      (ii) The Secretary of Labor shall establish a process, including
    reasonable time limits, for the receipt, investigation, and
    disposition of complaints respecting a facility's failure to meet
    conditions attested to or a facility's misrepresentation of a
    material fact in an attestation. Complaints may be filed by any
    aggrieved person or organization (including bargaining
    representatives, associations deemed appropriate by the Secretary,
    and other aggrieved parties as determined under regulations of the
    Secretary). The Secretary shall conduct an investigation under this
    clause if there is reasonable cause to believe that a facility
    fails to meet conditions attested to. Subject to the time limits
    established under this clause, this subparagraph shall apply
    regardless of whether an attestation is expired or unexpired at the
    time a complaint is filed.
      (iii) Under such process, the Secretary shall provide, within 180
    days after the date such a complaint is filed, for a determination
    as to whether or not a basis exists to make a finding described in
    clause (iv). If the Secretary determines that such a basis exists,
    the Secretary shall provide for notice of such determination to the
    interested parties and an opportunity for a hearing on the
    complaint within 60 days of the date of the determination.
      (iv) If the Secretary of Labor finds, after notice and
    opportunity for a hearing, that a facility (for which an
    attestation is made) has failed to meet a condition attested to or
    that there was a misrepresentation of material fact in the
    attestation, the Secretary shall notify the Attorney General of
    such finding and may, in addition, impose such other administrative
    remedies (including civil monetary penalties in an amount not to
    exceed $1,000 per nurse per violation, with the total penalty not
    to exceed $10,000 per violation) as the Secretary determines to be
    appropriate. Upon receipt of such notice, the Attorney General
    shall not approve petitions filed with respect to a facility during
    a period of at least one year for nurses to be employed by the
    facility.
      (v) In addition to the sanctions provided for under clause (iv),
    if the Secretary of Labor finds, after notice and an opportunity
    for a hearing, that a facility has violated the condition attested
    to under subparagraph (A)(iii) (relating to payment of registered
    nurses at the prevailing wage rate), the Secretary shall order the
    facility to provide for payment of such amounts of back pay as may
    be required to comply with such condition.
      (F)(i) The Secretary of Labor shall impose on a facility filing
    an attestation under subparagraph (A) a filing fee, in an amount
    prescribed by the Secretary based on the costs of carrying out the
    Secretary's duties under this subsection, but not exceeding $250.
      (ii) Fees collected under this subparagraph shall be deposited in
    a fund established for this purpose in the Treasury of the United
    States.
      (iii) The collected fees in the fund shall be available to the
    Secretary of Labor, to the extent and in such amounts as may be
    provided in appropriations Acts, to cover the costs described in
    clause (i), in addition to any other funds that are available to
    the Secretary to cover such costs.
      (3) The period of admission of an alien under section
    1101(a)(15)(H)(i)(c) of this title shall be 3 years.
      (4) The total number of nonimmigrant visas issued pursuant to
    petitions granted under section 1101(a)(15)(H)(i)(c) of this title
    in each fiscal year shall not exceed 500. The number of such visas
    issued for employment in each State in each fiscal year shall not
    exceed the following:
        (A) For States with populations of less than 9,000,000, based
      upon the 1990 decennial census of population, 25 visas.
        (B) For States with populations of 9,000,000 or more, based
      upon the 1990 decennial census of population, 50 visas.
        (C) If the total number of visas available under this paragraph
      for a fiscal year quarter exceeds the number of qualified
      nonimmigrants who may be issued such visas during those quarters,
      the visas made available under this paragraph shall be issued
      without regard to the numerical limitation under subparagraph (A)
      or (B) of this paragraph during the last fiscal year quarter.

      (5) A facility that has filed a petition under section
    1101(a)(15)(H)(i)(c) of this title to employ a nonimmigrant to
    perform nursing services for the facility - 
        (A) shall provide the nonimmigrant a wage rate and working
      conditions commensurate with those of nurses similarly employed
      by the facility;
        (B) shall require the nonimmigrant to work hours commensurate
      with those of nurses similarly employed by the facility; and
        (C) shall not interfere with the right of the nonimmigrant to
      join or organize a union.

      (6) For purposes of this subsection and section
    1101(a)(15)(H)(i)(c) of this title, the term "facility" means a
    subsection (d) hospital (as defined in section 1886(d)(1)(B) of the
    Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the
    following requirements:
        (A) As of March 31, 1997, the hospital was located in a health
      professional shortage area (as defined in section 254e of title
      42).
        (B) Based on its settled cost report filed under title XVIII of
      the Social Security Act [42 U.S.C. 1395 et seq.] for its cost
      reporting period beginning during fiscal year 1994 - 
          (i) the hospital has not less than 190 licensed acute care
        beds;
          (ii) the number of the hospital's inpatient days for such
        period which were made up of patients who (for such days) were
        entitled to benefits under part A of such title [42 U.S.C.
        1395c et seq.] is not less than 35 percent of the total number
        of such hospital's acute care inpatient days for such period;
        and
          (iii) the number of the hospital's inpatient days for such
        period which were made up of patients who (for such days) were
        eligible for medical assistance under a State plan approved
        under title XIX of the Social Security Act [42 U.S.C. 1396 et
        seq.], is not less than 28 percent of the total number of such
        hospital's acute care inpatient days for such period.

      (7) For purposes of paragraph (2)(A)(v), the term "lay off", with
    respect to a worker - 
        (A) means to cause the worker's loss of employment, other than
      through a discharge for inadequate performance, violation of
      workplace rules, cause, voluntary departure, voluntary
      retirement, or the expiration of a grant or contract; but
        (B) does not include any situation in which the worker is
      offered, as an alternative to such loss of employment, a similar
      employment opportunity with the same employer at equivalent or
      higher compensation and benefits than the position from which the
      employee was discharged, regardless of whether or not the
      employee accepts the offer.

    Nothing in this paragraph is intended to limit an employee's or an
    employer's rights under a collective bargaining agreement or other
    employment contract.
    (n) Labor condition application
      (1) No alien may be admitted or provided status as an H-1B
    nonimmigrant in an occupational classification unless the employer
    has filed with the Secretary of Labor an application stating the
    following:
        (A) The employer - 
          (i) is offering and will offer during the period of
        authorized employment to aliens admitted or provided status as
        an H-1B nonimmigrant wages that are at least - 
            (I) the actual wage level paid by the employer to all other
          individuals with similar experience and qualifications for
          the specific employment in question, or
            (II) the prevailing wage level for the occupational
          classification in the area of employment,

        whichever is greater, based on the best information available
        as of the time of filing the application, and
          (ii) will provide working conditions for such a nonimmigrant
        that will not adversely affect the working conditions of
        workers similarly employed.

        (B) There is not a strike or lockout in the course of a labor
      dispute in the occupational classification at the place of
      employment.
        (C) The employer, at the time of filing the application - 
          (i) has provided notice of the filing under this paragraph to
        the bargaining representative (if any) of the employer's
        employees in the occupational classification and area for which
        aliens are sought, or
          (ii) if there is no such bargaining representative, has
        provided notice of filing in the occupational classification
        through such methods as physical posting in conspicuous
        locations at the place of employment or electronic notification
        to employees in the occupational classification for which H-1B
        nonimmigrants are sought.

        (D) The application shall contain a specification of the number
      of workers sought, the occupational classification in which the
      workers will be employed, and wage rate and conditions under
      which they will be employed.
        (E)(i) In the case of an application described in clause (ii),
      the employer did not displace and will not displace a United
      States worker (as defined in paragraph (4)) employed by the
      employer within the period beginning 90 days before and ending 90
      days after the date of filing of any visa petition supported by
      the application.
        (ii) An application described in this clause is an application
      filed on or after the date final regulations are first
      promulgated to carry out this subparagraph, and before (!8) by an
      H-1B-dependent employer (as defined in paragraph (3)) or by an
      employer that has been found, on or after October 21, 1998, under
      paragraph (2)(C) or (5) to have committed a willful failure or
      misrepresentation during the 5-year period preceding the filing
      of the application. An application is not described in this
      clause if the only H-1B nonimmigrants sought in the application
      are exempt H-1B nonimmigrants.

        (F) In the case of an application described in subparagraph
      (E)(ii), the employer will not place the nonimmigrant with
      another employer (regardless of whether or not such other
      employer is an H-1B-dependent employer) where - 
          (i) the nonimmigrant performs duties in whole or in part at
        one or more worksites owned, operated, or controlled by such
        other employer; and
          (ii) there are indicia of an employment relationship between
        the nonimmigrant and such other employer;

      unless the employer has inquired of the other employer as to
      whether, and has no knowledge that, within the period beginning
      90 days before and ending 90 days after the date of the placement
      of the nonimmigrant with the other employer, the other employer
      has displaced or intends to displace a United States worker
      employed by the other employer.
        (G)(i) In the case of an application described in subparagraph
      (E)(ii), subject to clause (ii), the employer, prior to filing
      the application - 
          (I) has taken good faith steps to recruit, in the United
        States using procedures that meet industry-wide standards and
        offering compensation that is at least as great as that
        required to be offered to H-1B nonimmigrants under subparagraph
        (A), United States workers for the job for which the
        nonimmigrant or nonimmigrants is or are sought; and
          (II) has offered the job to any United States worker who
        applies and is equally or better qualified for the job for
        which the nonimmigrant or nonimmigrants is or are sought.

        (ii) The conditions described in clause (i) shall not apply to
      an application filed with respect to the employment of an H-1B
      nonimmigrant who is described in subparagraph (A), (B), or (C) of
      section 1153(b)(1) of this title.

    The employer shall make available for public examination, within
    one working day after the date on which an application under this
    paragraph is filed, at the employer's principal place of business
    or worksite, a copy of each such application (and such accompanying
    documents as are necessary). The Secretary shall compile, on a
    current basis, a list (by employer and by occupational
    classification) of the applications filed under this subsection.
    Such list shall include the wage rate, number of aliens sought,
    period of intended employment, and date of need. The Secretary
    shall make such list available for public examination in
    Washington, D.C. The Secretary of Labor shall review such an
    application only for completeness and obvious inaccuracies. Unless
    the Secretary finds that the application is incomplete or obviously
    inaccurate, the Secretary shall provide the certification described
    in section 1101(a)(15)(H)(i)(b) of this title within 7 days of the
    date of the filing of the application. The application form shall
    include a clear statement explaining the liability under
    subparagraph (F) of a placing employer if the other employer
    described in such subparagraph displaces a United States worker as
    described in such subparagraph. Nothing in subparagraph (G) shall
    be construed to prohibit an employer from using legitimate
    selection criteria relevant to the job that are normal or customary
    to the type of job involved, so long as such criteria are not
    applied in a discriminatory manner.
      (2)(A) Subject to paragraph (5)(A), the Secretary shall establish
    a process for the receipt, investigation, and disposition of
    complaints respecting a petitioner's failure to meet a condition
    specified in an application submitted under paragraph (1) or a
    petitioner's misrepresentation of material facts in such an
    application. Complaints may be filed by any aggrieved person or
    organization (including bargaining representatives). No
    investigation or hearing shall be conducted on a complaint
    concerning such a failure or misrepresentation unless the complaint
    was filed not later than 12 months after the date of the failure or
    misrepresentation, respectively. The Secretary shall conduct an
    investigation under this paragraph if there is reasonable cause to
    believe that such a failure or misrepresentation has occurred.
      (B) Under such process, the Secretary shall provide, within 30
    days after the date such a complaint is filed, for a determination
    as to whether or not a reasonable basis exists to make a finding
    described in subparagraph (C). If the Secretary determines that
    such a reasonable basis exists, the Secretary shall provide for
    notice of such determination to the interested parties and an
    opportunity for a hearing on the complaint, in accordance with
    section 556 of title 5, within 60 days after the date of the
    determination. If such a hearing is requested, the Secretary shall
    make a finding concerning the matter by not later than 60 days
    after the date of the hearing. In the case of similar complaints
    respecting the same applicant, the Secretary may consolidate the
    hearings under this subparagraph on such complaints.
      (C)(i) If the Secretary finds, after notice and opportunity for a
    hearing, a failure to meet a condition of paragraph (1)(B), (1)(E),
    or (1)(F), a substantial failure to meet a condition of paragraph
    (1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material
    fact in an application - 
        (I) the Secretary shall notify the Attorney General of such
      finding and may, in addition, impose such other administrative
      remedies (including civil monetary penalties in an amount not to
      exceed $1,000 per violation) as the Secretary determines to be
      appropriate; and
        (II) the Attorney General shall not approve petitions filed
      with respect to that employer under section 1154 or 1184(c) of
      this title during a period of at least 1 year for aliens to be
      employed by the employer.

      (ii) If the Secretary finds, after notice and opportunity for a
    hearing, a willful failure to meet a condition of paragraph (1), a
    willful misrepresentation of material fact in an application, or a
    violation of clause (iv) - 
        (I) the Secretary shall notify the Attorney General of such
      finding and may, in addition, impose such other administrative
      remedies (including civil monetary penalties in an amount not to
      exceed $5,000 per violation) as the Secretary determines to be
      appropriate; and
        (II) the Attorney General shall not approve petitions filed
      with respect to that employer under section 1154 or 1184(c) of
      this title during a period of at least 2 years for aliens to be
      employed by the employer.

      (iii) If the Secretary finds, after notice and opportunity for a
    hearing, a willful failure to meet a condition of paragraph (1) or
    a willful misrepresentation of material fact in an application, in
    the course of which failure or misrepresentation the employer
    displaced a United States worker employed by the employer within
    the period beginning 90 days before and ending 90 days after the
    date of filing of any visa petition supported by the application - 
        (I) the Secretary shall notify the Attorney General of such
      finding and may, in addition, impose such other administrative
      remedies (including civil monetary penalties in an amount not to
      exceed $35,000 per violation) as the Secretary determines to be
      appropriate; and
        (II) the Attorney General shall not approve petitions filed
      with respect to that employer under section 1154 or 1184(c) of
      this title during a period of at least 3 years for aliens to be
      employed by the employer.

      (iv) It is a violation of this clause for an employer who has
    filed an application under this subsection to intimidate, threaten,
    restrain, coerce, blacklist, discharge, or in any other manner
    discriminate against an employee (which term, for purposes of this
    clause, includes a former employee and an applicant for employment)
    because the employee has disclosed information to the employer, or
    to any other person, that the employee reasonably believes
    evidences a violation of this subsection, or any rule or regulation
    pertaining to this subsection, or because the employee cooperates
    or seeks to cooperate in an investigation or other proceeding
    concerning the employer's compliance with the requirements of this
    subsection or any rule or regulation pertaining to this subsection.
      (v) The Secretary of Labor and the Attorney General shall devise
    a process under which an H-1B nonimmigrant who files a complaint
    regarding a violation of clause (iv) and is otherwise eligible to
    remain and work in the United States may be allowed to seek other
    appropriate employment in the United States for a period not to
    exceed the maximum period of stay authorized for such nonimmigrant
    classification.
      (vi)(I) It is a violation of this clause for an employer who has
    filed an application under this subsection to require an H-1B
    nonimmigrant to pay a penalty for ceasing employment with the
    employer prior to a date agreed to by the nonimmigrant and the
    employer. The Secretary shall determine whether a required payment
    is a penalty (and not liquidated damages) pursuant to relevant
    State law.
      (II) It is a violation of this clause for an employer who has
    filed an application under this subsection to require an alien who
    is the subject of a petition filed under section 1184(c)(1) of this
    title, for which a fee is imposed under section 1184(c)(9) of this
    title, to reimburse, or otherwise compensate, the employer for part
    or all of the cost of such fee. It is a violation of this clause
    for such an employer otherwise to accept such reimbursement or
    compensation from such an alien.
      (III) If the Secretary finds, after notice and opportunity for a
    hearing, that an employer has committed a violation of this clause,
    the Secretary may impose a civil monetary penalty of $1,000 for
    each such violation and issue an administrative order requiring the
    return to the nonimmigrant of any amount paid in violation of this
    clause, or, if the nonimmigrant cannot be located, requiring
    payment of any such amount to the general fund of the Treasury.
      (vii)(I) It is a failure to meet a condition of paragraph (1)(A)
    for an employer, who has filed an application under this subsection
    and who places an H-1B nonimmigrant designated as a full-time
    employee on the petition filed under section 1184(c)(1) of this
    title by the employer with respect to the nonimmigrant, after the
    nonimmigrant has entered into employment with the employer, in
    nonproductive status due to a decision by the employer (based on
    factors such as lack of work), or due to the nonimmigrant's lack of
    a permit or license, to fail to pay the nonimmigrant full-time
    wages in accordance with paragraph (1)(A) for all such
    nonproductive time.
      (II) It is a failure to meet a condition of paragraph (1)(A) for
    an employer, who has filed an application under this subsection and
    who places an H-1B nonimmigrant designated as a part-time employee
    on the petition filed under section 1184(c)(1) of this title by the
    employer with respect to the nonimmigrant, after the nonimmigrant
    has entered into employment with the employer, in nonproductive
    status under circumstances described in subclause (I), to fail to
    pay such a nonimmigrant for such hours as are designated on such
    petition consistent with the rate of pay identified on such
    petition.
      (III) In the case of an H-1B nonimmigrant who has not yet entered
    into employment with an employer who has had approved an
    application under this subsection, and a petition under section
    1184(c)(1) of this title, with respect to the nonimmigrant, the
    provisions of subclauses (I) and (II) shall apply to the employer
    beginning 30 days after the date the nonimmigrant first is admitted
    into the United States pursuant to the petition, or 60 days after
    the date the nonimmigrant becomes eligible to work for the employer
    (in the case of a nonimmigrant who is present in the United States
    on the date of the approval of the petition).
      (IV) This clause does not apply to a failure to pay wages to an H-
    1B nonimmigrant for nonproductive time due to non-work-related
    factors, such as the voluntary request of the nonimmigrant for an
    absence or circumstances rendering the nonimmigrant unable to work.
      (V) This clause shall not be construed as prohibiting an employer
    that is a school or other educational institution from applying to
    an H-1B nonimmigrant an established salary practice of the
    employer, under which the employer pays to H-1B nonimmigrants and
    United States workers in the same occupational classification an
    annual salary in disbursements over fewer than 12 months, if - 
        (aa) the nonimmigrant agrees to the compressed annual salary
      payments prior to the commencement of the employment; and
        (bb) the application of the salary practice to the nonimmigrant
      does not otherwise cause the nonimmigrant to violate any
      condition of the nonimmigrant's authorization under this chapter
      to remain in the United States.

      (VI) This clause shall not be construed as superseding clause
    (viii).
      (viii) It is a failure to meet a condition of paragraph (1)(A)
    for an employer who has filed an application under this subsection
    to fail to offer to an H-1B nonimmigrant, during the nonimmigrant's
    period of authorized employment, benefits and eligibility for
    benefits (including the opportunity to participate in health, life,
    disability, and other insurance plans; the opportunity to
    participate in retirement and savings plans; and cash bonuses and
    noncash compensation, such as stock options (whether or not based
    on performance)) on the same basis, and in accordance with the same
    criteria, as the employer offers to United States workers.
      (D) If the Secretary finds, after notice and opportunity for a
    hearing, that an employer has not paid wages at the wage level
    specified under the application and required under paragraph (1),
    the Secretary shall order the employer to provide for payment of
    such amounts of back pay as may be required to comply with the
    requirements of paragraph (1), whether or not a penalty under
    subparagraph (C) has been imposed.
      (E) If an H-1B-dependent employer places a nonexempt H-1B
    nonimmigrant with another employer as provided under paragraph
    (1)(F) and the other employer has displaced or displaces a United
    States worker employed by such other employer during the period
    described in such paragraph, such displacement shall be considered
    for purposes of this paragraph a failure, by the placing employer,
    to meet a condition specified in an application submitted under
    paragraph (1); except that the Attorney General may impose a
    sanction described in subclause (II) of subparagraph (C)(i),
    (C)(ii), or (C)(iii) only if the Secretary of Labor found that such
    placing employer - 
        (i) knew or had reason to know of such displacement at the time
      of the placement of the nonimmigrant with the other employer; or
        (ii) has been subject to a sanction under this subparagraph
      based upon a previous placement of an H-1B nonimmigrant with the
      same other employer.

      (F) The Secretary may, on a case-by-case basis, subject an
    employer to random investigations for a period of up to 5 years,
    beginning on the date (on or after October 21, 1998) on which the
    employer is found by the Secretary to have committed a willful
    failure to meet a condition of paragraph (1) (or has been found
    under paragraph (5) to have committed a willful failure to meet the
    condition of paragraph (1)(G)(i)(II)) or to have made a willful
    misrepresentation of material fact in an application. The preceding
    sentence shall apply to an employer regardless of whether or not
    the employer is an H-1B-dependent employer. The authority of the
    Secretary under this subparagraph shall not be construed to be
    subject to, or limited by, the requirements of subparagraph (A).
      (G)(i) The Secretary of Labor may initiate an investigation of
    any employer that employs nonimmigrants described in section
    1101(a)(15)(H)(i)(b) of this title if the Secretary of Labor has
    reasonable cause to believe that the employer is not in compliance
    with this subsection. In the case of an investigation under this
    clause, the Secretary of Labor (or the acting Secretary in the case
    of the absence of (!9) disability of the Secretary of Labor) shall
    personally certify that reasonable cause exists and shall approve
    commencement of the investigation. The investigation may be
    initiated for reasons other than completeness and obvious
    inaccuracies by the employer in complying with this subsection.

      (ii) If the Secretary of Labor receives specific credible
    information from a source who is likely to have knowledge of an
    employer's practices or employment conditions, or an employer's
    compliance with the employer's labor condition application under
    paragraph (1), and whose identity is known to the Secretary of
    Labor, and such information provides reasonable cause to believe
    that the employer has committed a willful failure to meet a
    condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or
    (1)(G)(i)(I), has engaged in a pattern or practice of failures to
    meet such a condition, or has committed a substantial failure to
    meet such a condition that affects multiple employees, the
    Secretary of Labor may conduct an investigation into the alleged
    failure or failures. The Secretary of Labor may withhold the
    identity of the source from the employer, and the source's identity
    shall not be subject to disclosure under section 552 of title 5.
      (iii) The Secretary of Labor shall establish a procedure for any
    person desiring to provide to the Secretary of Labor information
    described in clause (ii) that may be used, in whole or in part, as
    the basis for the commencement of an investigation described in
    such clause, to provide the information in writing on a form
    developed and provided by the Secretary of Labor and completed by
    or on behalf of the person. The person may not be an officer or
    employee of the Department of Labor, unless the information
    satisfies the requirement of clause (iv)(II) (although an officer
    or employee of the Department of Labor may complete the form on
    behalf of the person).
      (iv) Any investigation initiated or approved by the Secretary of
    Labor under clause (ii) shall be based on information that
    satisfies the requirements of such clause and that - 
        (I) originates from a source other than an officer or employee
      of the Department of Labor; or
        (II) was lawfully obtained by the Secretary of Labor in the
      course of lawfully conducting another Department of Labor
      investigation under this chapter of (!9) any other Act.

      (v) The receipt by the Secretary of Labor of information
    submitted by an employer to the Attorney General or the Secretary
    of Labor for purposes of securing the employment of a nonimmigrant
    described in section 1101(a)(15)(H)(i)(b) of this title shall not
    be considered a receipt of information for purposes of clause (ii).
      (vi) No investigation described in clause (ii) (or hearing
    described in clause (viii) based on such investigation) may be
    conducted with respect to information about a failure to meet a
    condition described in clause (ii), unless the Secretary of Labor
    receives the information not later than 12 months after the date of
    the alleged failure.
      (vii) The Secretary of Labor shall provide notice to an employer
    with respect to whom there is reasonable cause to initiate an
    investigation described in clauses (!10) (i) or (ii), prior to the
    commencement of an investigation under such clauses, of the intent
    to conduct an investigation. The notice shall be provided in such a
    manner, and shall contain sufficient detail, to permit the employer
    to respond to the allegations before an investigation is commenced.
    The Secretary of Labor is not required to comply with this clause
    if the Secretary of Labor determines that to do so would interfere
    with an effort by the Secretary of Labor to secure compliance by
    the employer with the requirements of this subsection. There shall
    be no judicial review of a determination by the Secretary of Labor
    under this clause.

      (viii) An investigation under clauses (!10) (i) or (ii) may be
    conducted for a period of up to 60 days. If the Secretary of Labor
    determines after such an investigation that a reasonable basis
    exists to make a finding that the employer has committed a willful
    failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C),
    (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or
    practice of failures to meet such a condition, or has committed a
    substantial failure to meet such a condition that affects multiple
    employees, the Secretary of Labor shall provide for notice of such
    determination to the interested parties and an opportunity for a
    hearing in accordance with section 556 of title 5 within 120 days
    after the date of the determination. If such a hearing is
    requested, the Secretary of Labor shall make a finding concerning
    the matter by not later than 120 days after the date of the
    hearing.
      (H)(i) Except as provided in clauses (ii) and (iii), a person or
    entity is considered to have complied with the requirements of this
    subsection, notwithstanding a technical or procedural failure to
    meet such requirements, if there was a good faith attempt to comply
    with the requirements.
      (ii) Clause (i) shall not apply if - 
        (I) the Department of Labor (or another enforcement agency) has
      explained to the person or entity the basis for the failure;
        (II) the person or entity has been provided a period of not
      less than 10 business days (beginning after the date of the
      explanation) within which to correct the failure; and
        (III) the person or entity has not corrected the failure
      voluntarily within such period.

      (iii) A person or entity that, in the course of an investigation,
    is found to have violated the prevailing wage requirements set
    forth in paragraph (1)(A), shall not be assessed fines or other
    penalties for such violation if the person or entity can establish
    that the manner in which the prevailing wage was calculated was
    consistent with recognized industry standards and practices.
      (iv) Clauses (i) and (iii) shall not apply to a person or entity
    that has engaged in or is engaging in a pattern or practice of
    willful violations of this subsection.
      (I) Nothing in this subsection shall be construed as superseding
    or preempting any other enforcement-related authority under this
    chapter (such as the authorities under section 1324b of this
    title), or any other Act.
      (3)(A) For purposes of this subsection, the term "H-1B-dependent
    employer" means an employer that - 
        (i)(I) has 25 or fewer full-time equivalent employees who are
      employed in the United States; and (II) employs more than 7 H-1B
      nonimmigrants;
        (ii)(I) has at least 26 but not more than 50 full-time
      equivalent employees who are employed in the United States; and
      (II) employs more than 12 H-1B nonimmigrants; or
        (iii)(I) has at least 51 full-time equivalent employees who are
      employed in the United States; and (II) employs H-1B
      nonimmigrants in a number that is equal to at least 15 percent of
      the number of such full-time equivalent employees.

      (B) For purposes of this subsection - 
        (i) the term "exempt H-1B nonimmigrant" means an H-1B
      nonimmigrant who - 
          (I) receives wages (including cash bonuses and similar
        compensation) at an annual rate equal to at least $60,000; or
          (II) has attained a master's or higher degree (or its
        equivalent) in a specialty related to the intended employment;
        and

        (ii) the term "nonexempt H-1B nonimmigrant" means an H-1B
      nonimmigrant who is not an exempt H-1B nonimmigrant.

      (C) For purposes of subparagraph (A) - 
        (i) in computing the number of full-time equivalent employees
      and the number of H-1B nonimmigrants, exempt H-1B nonimmigrants
      shall not be taken into account during the longer of - 
          (I) the 6-month period beginning on October 21, 1998; or
          (II) the period beginning on October 21, 1998, and ending on
        the date final regulations are issued to carry out this
        paragraph; and

        (ii) any group treated as a single employer under subsection
      (b), (c), (m), or (o) of section 414 of title 26 shall be treated
      as a single employer.

      (4) For purposes of this subsection:
        (A) The term "area of employment" means the area within normal
      commuting distance of the worksite or physical location where the
      work of the H-1B nonimmigrant is or will be performed. If such
      worksite or location is within a Metropolitan Statistical Area,
      any place within such area is deemed to be within the area of
      employment.
        (B) In the case of an application with respect to one or more H-
      1B nonimmigrants by an employer, the employer is considered to
      "displace" a United States worker from a job if the employer lays
      off the worker from a job that is essentially the equivalent of
      the job for which the nonimmigrant or nonimmigrants is or are
      sought. A job shall not be considered to be essentially
      equivalent of another job unless it involves essentially the same
      responsibilities, was held by a United States worker with
      substantially equivalent qualifications and experience, and is
      located in the same area of employment as the other job.
        (C) The term "H-1B nonimmigrant" means an alien admitted or
      provided status as a nonimmigrant described in section
      1101(a)(15)(H)(i)(b) of this title.
        (D)(i) The term "lays off", with respect to a worker - 
          (I) means to cause the worker's loss of employment, other
        than through a discharge for inadequate performance, violation
        of workplace rules, cause, voluntary departure, voluntary
        retirement, or the expiration of a grant or contract (other
        than a temporary employment contract entered into in order to
        evade a condition described in subparagraph (E) or (F) of
        paragraph (1)); but
          (II) does not include any situation in which the worker is
        offered, as an alternative to such loss of employment, a
        similar employment opportunity with the same employer (or, in
        the case of a placement of a worker with another employer under
        paragraph (1)(F), with either employer described in such
        paragraph) at equivalent or higher compensation and benefits
        than the position from which the employee was discharged,
        regardless of whether or not the employee accepts the offer.

        (ii) Nothing in this subparagraph is intended to limit an
      employee's rights under a collective bargaining agreement or
      other employment contract.
        (E) The term "United States worker" means an employee who - 
          (i) is a citizen or national of the United States; or
          (ii) is an alien who is lawfully admitted for permanent
        residence, is admitted as a refugee under section 1157 of this
        title, is granted asylum under section 1158 of this title, or
        is an immigrant otherwise authorized, by this chapter or by the
        Attorney General, to be employed.

      (5)(A) This paragraph shall apply instead of subparagraphs (A)
    through (E) of paragraph (2) in the case of a violation described
    in subparagraph (B), but shall not be construed to limit or affect
    the authority of the Secretary or the Attorney General with respect
    to any other violation.
      (B) The Attorney General shall establish a process for the
    receipt, initial review, and disposition in accordance with this
    paragraph of complaints respecting an employer's failure to meet
    the condition of paragraph (1)(G)(i)(II) or a petitioner's
    misrepresentation of material facts with respect to such condition.
    Complaints may be filed by an aggrieved individual who has
    submitted a resume or otherwise applied in a reasonable manner for
    the job that is the subject of the condition. No proceeding shall
    be conducted under this paragraph on a complaint concerning such a
    failure or misrepresentation unless the Attorney General determines
    that the complaint was filed not later than 12 months after the
    date of the failure or misrepresentation, respectively.
      (C) If the Attorney General finds that a complaint has been filed
    in accordance with subparagraph (B) and there is reasonable cause
    to believe that such a failure or misrepresentation described in
    such complaint has occurred, the Attorney General shall initiate
    binding arbitration proceedings by requesting the Federal Mediation
    and Conciliation Service to appoint an arbitrator from the roster
    of arbitrators maintained by such Service. The procedure and rules
    of such Service shall be applicable to the selection of such
    arbitrator and to such arbitration proceedings. The Attorney
    General shall pay the fee and expenses of the arbitrator.
      (D)(i) The arbitrator shall make findings respecting whether a
    failure or misrepresentation described in subparagraph (B)
    occurred. If the arbitrator concludes that failure or
    misrepresentation was willful, the arbitrator shall make a finding
    to that effect. The arbitrator may not find such a failure or
    misrepresentation (or that such a failure or misrepresentation was
    willful) unless the complainant demonstrates such a failure or
    misrepresentation (or its willful character) by clear and
    convincing evidence. The arbitrator shall transmit the findings in
    the form of a written opinion to the parties to the arbitration and
    the Attorney General. Such findings shall be final and conclusive,
    and, except as provided in this subparagraph, no official or court
    of the United States shall have power or jurisdiction to review any
    such findings.
      (ii) The Attorney General may review and reverse or modify the
    findings of an arbitrator only on the same bases as an award of an
    arbitrator may be vacated or modified under section 10 or 11 of
    title 9.
      (iii) With respect to the findings of an arbitrator, a court may
    review only the actions of the Attorney General under clause (ii)
    and may set aside such actions only on the grounds described in
    subparagraph (A), (B), or (C) of section 706(a)(2) of title 5.
    Notwithstanding any other provision of law, such judicial review
    may only be brought in an appropriate United States court of
    appeals.
      (E) If the Attorney General receives a finding of an arbitrator
    under this paragraph that an employer has failed to meet the
    condition of paragraph (1)(G)(i)(II) or has misrepresented a
    material fact with respect to such condition, unless the Attorney
    General reverses or modifies the finding under subparagraph (D)(ii)
    - 
        (i) the Attorney General may impose administrative remedies
      (including civil monetary penalties in an amount not to exceed
      $1,000 per violation or $5,000 per violation in the case of a
      willful failure or misrepresentation) as the Attorney General
      determines to be appropriate; and
        (ii) the Attorney General is authorized to not approve
      petitions filed, with respect to that employer and for aliens to
      be employed by the employer, under section 1154 or 1184(c) of
      this title - 
          (I) during a period of not more than 1 year; or
          (II) in the case of a willful failure or willful
        misrepresentation, during a period of not more than 2 years.

      (F) The Attorney General shall not delegate, to any other
    employee or official of the Department of Justice, any function of
    the Attorney General under this paragraph, until 60 days after the
    Attorney General has submitted a plan for such delegation to the
    Committees on the Judiciary of the United States House of
    Representatives and the Senate.
    (o) Omitted
    (p) Computation of prevailing wage level
      (1) In computing the prevailing wage level for an occupational
    classification in an area of employment for purposes of subsections
    (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section
    in the case of an employee of - 
        (A) an institution of higher education (as defined in section
      1001(a) of title 20), or a related or affiliated nonprofit
      entity; or
        (B) a nonprofit research organization or a Governmental
      research organization,

    the prevailing wage level shall only take into account employees at
    such institutions and organizations in the area of employment.
      (2) With respect to a professional athlete (as defined in
    subsection (a)(5)(A)(iii)(II) of this section) when the job
    opportunity is covered by professional sports league rules or
    regulations, the wage set forth in those rules or regulations shall
    be considered as not adversely affecting the wages of United States
    workers similarly employed and be considered the prevailing wage.
      (3) The prevailing wage required to be paid pursuant to
    subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of
    this section shall be 100 percent of the wage determined pursuant
    to those sections.
      (4) Where the Secretary of Labor uses, or makes available to
    employers, a governmental survey to determine the prevailing wage,
    such survey shall provide at least 4 levels of wages commensurate
    with experience, education, and the level of supervision. Where an
    existing government survey has only 2 levels, 2 intermediate levels
    may be created by dividing by 3, the difference between the 2
    levels offered, adding the quotient thus obtained to the first
    level and subtracting that quotient from the second level.
    (q) Academic honoraria
      Any alien admitted under section 1101(a)(15)(B) of this title may
    accept an honorarium payment and associated incidental expenses for
    a usual academic activity or activities (lasting not longer than 9
    days at any single institution), as defined by the Attorney General
    in consultation with the Secretary of Education, if such payment is
    offered by an institution or organization described in subsection
    (p)(1) of this section and is made for services conducted for the
    benefit of that institution or entity and if the alien has not
    accepted such payment or expenses from more than 5 institutions or
    organizations in the previous 6-month period.
    (r) Exception for certain alien nurses
      Subsection (a)(5)(C) of this section shall not apply to an alien
    who seeks to enter the United States for the purpose of performing
    labor as a nurse who presents to the consular officer (or in the
    case of an adjustment of status, the Attorney General) a certified
    statement from the Commission on Graduates of Foreign Nursing
    Schools (or an equivalent independent credentialing organization
    approved for the certification of nurses under subsection (a)(5)(C)
    of this section by the Attorney General in consultation with the
    Secretary of Health and Human Services) that - 
        (1) the alien has a valid and unrestricted license as a nurse
      in a State where the alien intends to be employed and such State
      verifies that the foreign licenses of alien nurses are authentic
      and unencumbered;
        (2) the alien has passed the National Council Licensure
      Examination (NCLEX);
        (3) the alien is a graduate of a nursing program - 
          (A) in which the language of instruction was English;
          (B) located in a country - 
            (i) designated by such commission not later than 30 days
          after November 12, 1999, based on such commission's
          assessment that the quality of nursing education in that
          country, and the English language proficiency of those who
          complete such programs in that country, justify the country's
          designation; or
            (ii) designated on the basis of such an assessment by
          unanimous agreement of such commission and any equivalent
          credentialing organizations which have been approved under
          subsection (a)(5)(C) of this section for the certification of
          nurses under this subsection; and

          (C)(i) which was in operation on or before November 12, 1999;
        or
          (ii) has been approved by unanimous agreement of such
        commission and any equivalent credentialing organizations which
        have been approved under subsection (a)(5)(C) of this section
        for the certification of nurses under this subsection.
    (s) Consideration of benefits received as battered alien in
      determination of inadmissibility as likely to become public
      charge
      In determining whether an alien described in subsection
    (a)(4)(C)(i) of this section is inadmissible under subsection
    (a)(4) of this section or ineligible to receive an immigrant visa
    or otherwise to adjust to the status of permanent resident by
    reason of subsection (a)(4) of this section, the consular officer
    or the Attorney General shall not consider any benefits the alien
    may have received that were authorized under section 1641(c) of
    this title.
    (t) (!11) Nonimmigrant professionals; labor attestations

      (1) No alien may be admitted or provided status as a nonimmigrant
    under section 1101(a)(15)(H)(i)(b1) of this title or section
    1101(a)(15)(E)(iii) of this title in an occupational classification
    unless the employer has filed with the Secretary of Labor an
    attestation stating the following:
        (A) The employer - 
          (i) is offering and will offer during the period of
        authorized employment to aliens admitted or provided status
        under section 1101(a)(15)(H)(i)(b1) of this title or section
        1101(a)(15)(E)(iii) of this title wages that are at least - 
            (I) the actual wage level paid by the employer to all other
          individuals with similar experience and qualifications for
          the specific employment in question; or
            (II) the prevailing wage level for the occupational
          classification in the area of employment,

        whichever is greater, based on the best information available
        as of the time of filing the attestation; and
          (ii) will provide working conditions for such a nonimmigrant
        that will not adversely affect the working conditions of
        workers similarly employed.

        (B) There is not a strike or lockout in the course of a labor
      dispute in the occupational classification at the place of
      employment.
        (C) The employer, at the time of filing the attestation - 
          (i) has provided notice of the filing under this paragraph to
        the bargaining representative (if any) of the employer's
        employees in the occupational classification and area for which
        aliens are sought; or
          (ii) if there is no such bargaining representative, has
        provided notice of filing in the occupational classification
        through such methods as physical posting in conspicuous
        locations at the place of employment or electronic notification
        to employees in the occupational classification for which
        nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title
        or section 1101(a)(15)(E)(iii) of this title are sought.

        (D) A specification of the number of workers sought, the
      occupational classification in which the workers will be
      employed, and wage rate and conditions under which they will be
      employed.

      (2)(A) The employer shall make available for public examination,
    within one working day after the date on which an attestation under
    this subsection is filed, at the employer's principal place of
    business or worksite, a copy of each such attestation (and such
    accompanying documents as are necessary).
      (B)(i) The Secretary of Labor shall compile, on a current basis,
    a list (by employer and by occupational classification) of the
    attestations filed under this subsection. Such list shall include,
    with respect to each attestation, the wage rate, number of aliens
    sought, period of intended employment, and date of need.
      (ii) The Secretary of Labor shall make such list available for
    public examination in Washington, D.C.
      (C) The Secretary of Labor shall review an attestation filed
    under this subsection only for completeness and obvious
    inaccuracies. Unless the Secretary of Labor finds that an
    attestation is incomplete or obviously inaccurate, the Secretary of
    Labor shall provide the certification described in section
    1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii)
    of this title within 7 days of the date of the filing of the
    attestation.
      (3)(A) The Secretary of Labor shall establish a process for the
    receipt, investigation, and disposition of complaints respecting
    the failure of an employer to meet a condition specified in an
    attestation submitted under this subsection or misrepresentation by
    the employer of material facts in such an attestation. Complaints
    may be filed by any aggrieved person or organization (including
    bargaining representatives). No investigation or hearing shall be
    conducted on a complaint concerning such a failure or
    misrepresentation unless the complaint was filed not later than 12
    months after the date of the failure or misrepresentation,
    respectively. The Secretary of Labor shall conduct an investigation
    under this paragraph if there is reasonable cause to believe that
    such a failure or misrepresentation has occurred.
      (B) Under the process described in subparagraph (A), the
    Secretary of Labor shall provide, within 30 days after the date a
    complaint is filed, for a determination as to whether or not a
    reasonable basis exists to make a finding described in subparagraph
    (C). If the Secretary of Labor determines that such a reasonable
    basis exists, the Secretary of Labor shall provide for notice of
    such determination to the interested parties and an opportunity for
    a hearing on the complaint, in accordance with section 556 of title
    5, within 60 days after the date of the determination. If such a
    hearing is requested, the Secretary of Labor shall make a finding
    concerning the matter by not later than 60 days after the date of
    the hearing. In the case of similar complaints respecting the same
    applicant, the Secretary of Labor may consolidate the hearings
    under this subparagraph on such complaints.
      (C)(i) If the Secretary of Labor finds, after notice and
    opportunity for a hearing, a failure to meet a condition of
    paragraph (1)(B), a substantial failure to meet a condition of
    paragraph (1)(C) or (1)(D), or a misrepresentation of material fact
    in an attestation - 
        (I) the Secretary of Labor shall notify the Secretary of State
      and the Secretary of Homeland Security of such finding and may,
      in addition, impose such other administrative remedies (including
      civil monetary penalties in an amount not to exceed $1,000 per
      violation) as the Secretary of Labor determines to be
      appropriate; and
        (II) the Secretary of State or the Secretary of Homeland
      Security, as appropriate, shall not approve petitions or
      applications filed with respect to that employer under section
      1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of
      this title during a period of at least 1 year for aliens to be
      employed by the employer.

      (ii) If the Secretary of Labor finds, after notice and
    opportunity for a hearing, a willful failure to meet a condition of
    paragraph (1), a willful misrepresentation of material fact in an
    attestation, or a violation of clause (iv) - 
        (I) the Secretary of Labor shall notify the Secretary of State
      and the Secretary of Homeland Security of such finding and may,
      in addition, impose such other administrative remedies (including
      civil monetary penalties in an amount not to exceed $5,000 per
      violation) as the Secretary of Labor determines to be
      appropriate; and
        (II) the Secretary of State or the Secretary of Homeland
      Security, as appropriate, shall not approve petitions or
      applications filed with respect to that employer under section
      1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of
      this title during a period of at least 2 years for aliens to be
      employed by the employer.

      (iii) If the Secretary of Labor finds, after notice and
    opportunity for a hearing, a willful failure to meet a condition of
    paragraph (1) or a willful misrepresentation of material fact in an
    attestation, in the course of which failure or misrepresentation
    the employer displaced a United States worker employed by the
    employer within the period beginning 90 days before and ending 90
    days after the date of filing of any visa petition or application
    supported by the attestation - 
        (I) the Secretary of Labor shall notify the Secretary of State
      and the Secretary of Homeland Security of such finding and may,
      in addition, impose such other administrative remedies (including
      civil monetary penalties in an amount not to exceed $35,000 per
      violation) as the Secretary of Labor determines to be
      appropriate; and
        (II) the Secretary of State or the Secretary of Homeland
      Security, as appropriate, shall not approve petitions or
      applications filed with respect to that employer under section
      1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of
      this title during a period of at least 3 years for aliens to be
      employed by the employer.

      (iv) It is a violation of this clause for an employer who has
    filed an attestation under this subsection to intimidate, threaten,
    restrain, coerce, blacklist, discharge, or in any other manner
    discriminate against an employee (which term, for purposes of this
    clause, includes a former employee and an applicant for employment)
    because the employee has disclosed information to the employer, or
    to any other person, that the employee reasonably believes
    evidences a violation of this subsection, or any rule or regulation
    pertaining to this subsection, or because the employee cooperates
    or seeks to cooperate in an investigation or other proceeding
    concerning the employer's compliance with the requirements of this
    subsection or any rule or regulation pertaining to this subsection.
      (v) The Secretary of Labor and the Secretary of Homeland Security
    shall devise a process under which a nonimmigrant under section
    1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii)
    of this title who files a complaint regarding a violation of clause
    (iv) and is otherwise eligible to remain and work in the United
    States may be allowed to seek other appropriate employment in the
    United States for a period not to exceed the maximum period of stay
    authorized for such nonimmigrant classification.
      (vi)(I) It is a violation of this clause for an employer who has
    filed an attestation under this subsection to require a
    nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or
    section 1101(a)(15)(E)(iii) of this title to pay a penalty for
    ceasing employment with the employer prior to a date agreed to by
    the nonimmigrant and the employer. The Secretary of Labor shall
    determine whether a required payment is a penalty (and not
    liquidated damages) pursuant to relevant State law.
      (II) If the Secretary of Labor finds, after notice and
    opportunity for a hearing, that an employer has committed a
    violation of this clause, the Secretary of Labor may impose a civil
    monetary penalty of $1,000 for each such violation and issue an
    administrative order requiring the return to the nonimmigrant of
    any amount paid in violation of this clause, or, if the
    nonimmigrant cannot be located, requiring payment of any such
    amount to the general fund of the Treasury.
      (vii)(I) It is a failure to meet a condition of paragraph (1)(A)
    for an employer who has filed an attestation under this subsection
    and who places a nonimmigrant under section 1101(a)(15)(H)(i)(b1)
    of this title or section 1101(a)(15)(E)(iii) of this title
    designated as a full-time employee in the attestation, after the
    nonimmigrant has entered into employment with the employer, in
    nonproductive status due to a decision by the employer (based on
    factors such as lack of work), or due to the nonimmigrant's lack of
    a permit or license, to fail to pay the nonimmigrant full-time
    wages in accordance with paragraph (1)(A) for all such
    nonproductive time.
      (II) It is a failure to meet a condition of paragraph (1)(A) for
    an employer who has filed an attestation under this subsection and
    who places a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of
    this title or section 1101(a)(15)(E)(iii) of this title designated
    as a part-time employee in the attestation, after the nonimmigrant
    has entered into employment with the employer, in nonproductive
    status under circumstances described in subclause (I), to fail to
    pay such a nonimmigrant for such hours as are designated on the
    attestation consistent with the rate of pay identified on the
    attestation.
      (III) In the case of a nonimmigrant under section
    1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii)
    of this title who has not yet entered into employment with an
    employer who has had approved an attestation under this subsection
    with respect to the nonimmigrant, the provisions of subclauses (I)
    and (II) shall apply to the employer beginning 30 days after the
    date the nonimmigrant first is admitted into the United States, or
    60 days after the date the nonimmigrant becomes eligible to work
    for the employer in the case of a nonimmigrant who is present in
    the United States on the date of the approval of the attestation
    filed with the Secretary of Labor.
      (IV) This clause does not apply to a failure to pay wages to a
    nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or
    section 1101(a)(15)(E)(iii) of this title for nonproductive time
    due to non-work-related factors, such as the voluntary request of
    the nonimmigrant for an absence or circumstances rendering the
    nonimmigrant unable to work.
      (V) This clause shall not be construed as prohibiting an employer
    that is a school or other educational institution from applying to
    a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or
    section 1101(a)(15)(E)(iii) of this title an established salary
    practice of the employer, under which the employer pays to
    nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title or
    section 1101(a)(15)(E)(iii) of this title and United States workers
    in the same occupational classification an annual salary in
    disbursements over fewer than 12 months, if - 
        (aa) the nonimmigrant agrees to the compressed annual salary
      payments prior to the commencement of the employment; and
        (bb) the application of the salary practice to the nonimmigrant
      does not otherwise cause the nonimmigrant to violate any
      condition of the nonimmigrant's authorization under this chapter
      to remain in the United States.

      (VI) This clause shall not be construed as superseding clause
    (viii).
      (viii) It is a failure to meet a condition of paragraph (1)(A)
    for an employer who has filed an attestation under this subsection
    to fail to offer to a nonimmigrant under section
    1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii)
    of this title, during the nonimmigrant's period of authorized
    employment, benefits and eligibility for benefits (including the
    opportunity to participate in health, life, disability, and other
    insurance plans; the opportunity to participate in retirement and
    savings plans; and cash bonuses and non-cash compensation, such as
    stock options (whether or not based on performance)) on the same
    basis, and in accordance with the same criteria, as the employer
    offers to United States workers.
      (D) If the Secretary of Labor finds, after notice and opportunity
    for a hearing, that an employer has not paid wages at the wage
    level specified in the attestation and required under paragraph
    (1), the Secretary of Labor shall order the employer to provide for
    payment of such amounts of back pay as may be required to comply
    with the requirements of paragraph (1), whether or not a penalty
    under subparagraph (C) has been imposed.
      (E) The Secretary of Labor may, on a case-by-case basis, subject
    an employer to random investigations for a period of up to 5 years,
    beginning on the date on which the employer is found by the
    Secretary of Labor to have committed a willful failure to meet a
    condition of paragraph (1) or to have made a willful
    misrepresentation of material fact in an attestation. The authority
    of the Secretary of Labor under this subparagraph shall not be
    construed to be subject to, or limited by, the requirements of
    subparagraph (A).
      (F) Nothing in this subsection shall be construed as superseding
    or preempting any other enforcement-related authority under this
    chapter (such as the authorities under section 1324b of this
    title), or any other Act.
      (4) For purposes of this subsection:
        (A) The term "area of employment" means the area within normal
      commuting distance of the worksite or physical location where the
      work of the nonimmigrant under section 1101(a)(15)(H)(i)(b1) of
      this title or section 1101(a)(15)(E)(iii) of this title is or
      will be performed. If such worksite or location is within a
      Metropolitan Statistical Area, any place within such area is
      deemed to be within the area of employment.
        (B) In the case of an attestation with respect to one or more
      nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title
      or section 1101(a)(15)(E)(iii) of this title by an employer, the
      employer is considered to "displace" a United States worker from
      a job if the employer lays off the worker from a job that is
      essentially the equivalent of the job for which the nonimmigrant
      or nonimmigrants is or are sought. A job shall not be considered
      to be essentially equivalent of another job unless it involves
      essentially the same responsibilities, was held by a United
      States worker with substantially equivalent qualifications and
      experience, and is located in the same area of employment as the
      other job.
        (C)(i) The term "lays off", with respect to a worker - 
          (I) means to cause the worker's loss of employment, other
        than through a discharge for inadequate performance, violation
        of workplace rules, cause, voluntary departure, voluntary
        retirement, or the expiration of a grant or contract; but
          (II) does not include any situation in which the worker is
        offered, as an alternative to such loss of employment, a
        similar employment opportunity with the same employer at
        equivalent or higher compensation and benefits than the
        position from which the employee was discharged, regardless of
        whether or not the employee accepts the offer.

        (ii) Nothing in this subparagraph is intended to limit an
      employee's rights under a collective bargaining agreement or
      other employment contract.
        (D) The term "United States worker" means an employee who - 
          (i) is a citizen or national of the United States; or
          (ii) is an alien who is lawfully admitted for permanent
        residence, is admitted as a refugee under section 1157 of this
        title, is granted asylum under section 1158 of this title, or
        is an immigrant otherwise authorized, by this chapter or by the
        Secretary of Homeland Security, to be employed.
    (t) (!12) Foreign residence requirement

      (1) Except as provided in paragraph (2), no person admitted under
    section 1101(a)(15)(Q)(ii)(I) of this title, or acquiring such
    status after admission, shall be eligible to apply for nonimmigrant
    status, an immigrant visa, or permanent residence under this
    chapter until it is established that such person has resided and
    been physically present in the person's country of nationality or
    last residence for an aggregate of at least 2 years following
    departure from the United States.
      (2) The Secretary of Homeland Security may waive the requirement
    of such 2-year foreign residence abroad if the Secretary determines
    that - 
        (A) departure from the United States would impose exceptional
      hardship upon the alien's spouse or child (if such spouse or
      child is a citizen of the United States or an alien lawfully
      admitted for permanent residence); or
        (B) the admission of the alien is in the public interest or the
      national interest of the United States.