8 U.S.C. § 1105a — Employment authorization for battered

Page 81 TITLE 8—ALIENS AND NATIONALITY § 1105a criminal history record, the Department of State shall submit the applicant’s fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Infor- mation Services Division of the Federal Bureau of Investigation. (c) Reconsideration upon development of more cost effective means of sharing information The provision of the extracts described in sub- section (b) may be reconsidered by the Attorney General and the receiving agency upon the de- velopment and deployment of a more cost-effec- tive and efficient means of sharing the informa- tion. (d) Regulations For purposes of administering this section, the Department of State shall, prior to receiving ac- cess to NCIC data but not later than 4 months after October 26, 2001, promulgate final regula- tions— (1) to implement procedures for the taking of fingerprints; and (2) to establish the conditions for the use of the information received from the Federal Bu- reau of Investigation, in order— (A) to limit the redissemination of such in- formation; (B) to ensure that such information is used solely to determine whether or not to issue a visa to an alien or to admit an alien to the United States; (C) to ensure the security, confidentiality, and destruction of such information; and (D) to protect any privacy rights of indi- viduals who are subjects of such informa- tion. (June 27, 1952, ch. 477, title I, § 105, 66 Stat. 175; Pub. L. 95–105, title I, § 109(b)(2), Aug. 17, 1977, 91 Stat. 847; Pub. L. 103–236, title I, § 162(h)(3), Apr. 30, 1994, 108 Stat. 408; Pub. L. 107–56, title IV, § 403(a), Oct. 26, 2001, 115 Stat. 343.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 2001—Pub. L. 107–56 inserted ‘‘; data exchange’’ after ‘‘security officers’’ in section catchline, designated ex- isting provisions as subsec. (a), inserted ‘‘and border’’ before ‘‘security of the United States’’, and added sub- secs. (b) to (d). 1994—Pub. L. 103–236 substituted ‘‘Administrator’’ for ‘‘Assistant Secretary of State for Consular Affairs’’ in two places. 1977—Pub. L. 95–105 substituted ‘‘Assistant Secretary of State for Consular Affairs’’ for ‘‘administrator’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of Title 22, Foreign Rela- tions and Intercourse. STATUTORY CONSTRUCTION Pub. L. 107–56, title IV, § 403(d), Oct. 26, 2001, 115 Stat. 345, provided that: ‘‘Nothing in this section [enacting section 1379 of this title, amending this section, and en- acting provisions set out as a note under this section], or in any other law, shall be construed to limit the au- thority of the Attorney General or the Director of the Federal Bureau of Investigation to provide access to the criminal history record information contained in the National Crime Information Center’s (NCIC) Inter- state Identification Index (NCIC-III), or to any other information maintained by the NCIC, to any Federal agency or officer authorized to enforce or administer the immigration laws of the United States, for the pur- pose of such enforcement or administration, upon terms that are consistent with the National Crime Pre- vention and Privacy Compact Act of 1998 (subtitle A of title II of Public Law 105–251; 42 U.S.C. 14611–16) [now 34 U.S.C. 40311–16] and section 552a of title 5, United States Code.’’ ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. REPORTING REQUIREMENT Pub. L. 107–56, title IV, § 403(b), Oct. 26, 2001, 115 Stat. 344, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Oct. 26, 2001], the Attor- ney General and the Secretary of State jointly shall re- port to Congress on the implementation of the amend- ments made by this section [amending this section].’’ § 1105a. Employment authorization for battered spouses of certain nonimmigrants (a) In general In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of section 1101(a)(15) of this title who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an ‘‘employ- ment authorized’’ endorsement or other appro- priate work permit if the alien spouse dem- onstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cru- elty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section 1154(a)(1)(A)(iii) of this title. (b) Construction The grant of employment authorization pursu- ant to this section shall not confer upon the alien any other form of relief. (June 27, 1952, ch. 477, title I, § 106, as added Pub. L. 109–162, title VIII, § 814(c), Jan. 5, 2006, 119 Stat. 3059.) Page 82 TITLE 8—ALIENS AND NATIONALITY § 1106 Editorial Notes PRIOR PROVISIONS A prior section 1105a, act June 27, 1952, ch. 477, title I, § 106, as added Sept. 26, 1961, Pub. L. 87–301, § 5(a), 75 Stat. 651; amended Dec. 29, 1981, Pub. L. 97–116, § 18(b), 95 Stat. 1620; Oct. 24, 1988, Pub. L. 100–525, § 9(e), 102 Stat. 2620; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(b), 102 Stat. 4472; Nov. 29, 1990, Pub. L. 101–649, title V, §§ 502(a), 513(a), 545(b), 104 Stat. 5048, 5052, 5065; Dec. 12, 1991, Pub. L. 102–232, title III, § 306(a)(2), 105 Stat. 1751; Sept. 13, 1994, Pub. L. 103–322, title XIII, § 130004(b), 108 Stat. 2027; Oct. 25, 1994, Pub. L. 103–416, title II, § 223(b), 108 Stat. 4322; Apr. 24, 1996, Pub. L. 104–132, title IV, §§ 401(b), (e), 423(a), 440(a), 442(b), 110 Stat. 1267, 1268, 1272, 1276, 1280; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, §§ 306(d), 308(g)(10)(H), 371(b)(1), title VI, § 671(c)(3), (4), 110 Stat. 3009–612, 3009–625, 3009–645, 3009–722, related to judicial review of orders of deportation and exclusion, prior to repeal by Pub. L. 104–208, div. C, title III, §§ 306(b), (c), 309, Sept. 30, 1996, 110 Stat. 3009–612, 3009–625, effective, with certain tran- sitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, but such repeal not to be considered to invalidate or to re- quire the reconsideration of any judgment or order en- tered under this section. See section 1252 of this title. § 1106. Repealed. Pub. L. 91–510, title IV, § 422(a), Oct. 26, 1970, 84 Stat. 1189 Section, act June 27, 1952, ch. 477, title IV, § 401, 66 Stat. 274, provided for establishment of Joint Com- mittee on Immigration and Nationality, including its composition, necessity of membership on House or Sen- ate Committee on the Judiciary, vacancies and election of chairman, functions, reports, submission of regula- tions to Committee, hearings and subpena, travel ex- penses, employment of personnel, payment of Com- mittee expenses, and effective date. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of Title 2, The Congress. ABOLITION OF JOINT COMMITTEE ON IMMIGRATION AND NATIONALITY Pub. L. 91–510, title IV, § 421, Oct. 26, 1970, 84 Stat. 1189, abolished the Joint Committee on Immigration and Nationality established by former subsec. (a) of this section. § 1107. Additional report At the beginning and midpoint of each fiscal year, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a written report providing a description of inter- nal affairs operations at U.S. Citizenship and Immigration Services, including the general state of such operations and a detailed descrip- tion of investigations that are being conducted (or that were conducted during the previous six months) and the resources devoted to such in- vestigations. The first such report shall be sub- mitted not later than April 1, 2006. (Pub. L. 109–177, title I, § 109(c), Mar. 9, 2006, 120 Stat. 205.) Editorial Notes CODIFICATION Section was enacted as part of the USA PATRIOT Improvment and Reauthorization Act of 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. SUBCHAPTER II—IMMIGRATION PART I—SELECTION SYSTEM § 1151. Worldwide level of immigration (a) In general Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to— (1) family-sponsored immigrants described in section 1153(a) of this title (or who are admit- ted under section 1181(a) of this title on the basis of a prior issuance of a visa to their ac- companying parent under section 1153(a) of this title) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 per- cent of the worldwide level under such sub- section for all of such fiscal year; (2) employment-based immigrants described in section 1153(b) of this title (or who are ad- mitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(b) of this title), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 per- cent of the worldwide level under such sub- section for all of such fiscal year; and (3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 1153(c) of this title (or who are admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(c) of this title) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year. (b) Aliens not subject to direct numerical limita- tions Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows: (1)(A) Special immigrants described in sub- paragraph (A) or (B) of section 1101(a)(27) of this title. (B) Aliens who are admitted under section 1157 of this title or whose status is adjusted under section 1159 of this title. (C) Aliens whose status is adjusted to perma- nent residence under section 1160 or 1255a of this title. (D) Aliens whose removal is canceled under section 1229b(a) of this title. (E) Aliens provided permanent resident sta- tus under section 1259 of this title. (2)(A)(i) IMMEDIATE RELATIVES.—For pur- poses of this subsection, the term ‘‘immediate relatives’’ means the children, spouses, and