8 U.S.C. § 1187 — Visa waiver program for certain visitors

Page 255 TITLE 8—ALIENS AND NATIONALITY § 1187 ‘‘SEC. 11032. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTRE- PRENEURS, SPOUSES, AND CHILDREN. ‘‘(a) IN GENERAL.—With respect to each eligible alien described in subsection (b), the Attorney General or the Secretary of State shall approve the application de- scribed in subsection (b)(2) and grant the alien (and any spouse or child of the alien, if the spouse or child is eli- gible to receive a visa under section 203(d) of the Immi- gration and Nationality Act (8 U.S.C. 1153(d))) the sta- tus of an alien lawfully admitted for permanent resi- dence on a conditional basis under section 216A of such Act (8 U.S.C. 1186b). Such application shall be approved not later than 180 days after the date of the enactment of this Act [Nov. 2, 2002]. ‘‘(b) ELIGIBLE ALIENS DESCRIBED.—An alien is an eli- gible alien described in this subsection if the alien— ‘‘(1) filed, under section 204(a)(1)(H) of the Immigra- tion and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor provision), a petition to accord the alien a status under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that was approved by the Attorney General after January 1, 1995, and before August 31, 1998; ‘‘(2) pursuant to such approval, timely filed before the date of the enactment of this Act [Nov. 2, 2002] an application for adjustment of status under section 245 of such Act (8 U.S.C. 1255) or an application for an im- migrant visa under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)); and ‘‘(3) is not inadmissible or deportable on any ground. ‘‘(c) TREATMENT OF CERTAIN APPLICATIONS.— ‘‘(1) REVOCATION OF APPROVAL OF PETITIONS.—If the Attorney General revoked the approval of a petition described in subsection (b)(1), such revocation shall be disregarded for purposes of this section if it was based on a determination that the alien failed to sat- isfy section 203(b)(5)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)). ‘‘(2) APPLICATIONS NO LONGER PENDING.— ‘‘(A) IN GENERAL.—If an application described in subsection (b)(2) is not pending on the date of the enactment of this Act [Nov. 2, 2002], the Attorney General shall disregard the circumstances leading to such lack of pendency and treat it as reopened, if such lack of pendency is due to a determination that the alien— ‘‘(i) failed to satisfy section 203(b)(5)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)); or ‘‘(ii) departed the United States without ad- vance parole. ‘‘(B) APPLICANTS ABROAD.—In the case of an eligi- ble alien who filed an application for adjustment of status described in subsection (b)(2), but who is no longer physically present in the United States, the Attorney General shall establish a process under which the alien may be paroled into the United States if necessary in order to obtain adjustment of status under this section. ‘‘(d) RECORDATION OF DATE; REDUCTION OF NUMBERS.— Upon the approval of an application under subsection (a), the Attorney General shall record the alien’s lawful admission for permanent residence on a conditional basis as of the date of such approval and the Secretary of State shall reduce by one the number of visas au- thorized to be issued under sections 201(d) and 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1151(d) and 1153(b)(5)) for the fiscal year then current. ‘‘(e) REMOVAL OF CONDITIONAL BASIS.— ‘‘(1) PETITION.—In order for a conditional basis es- tablished under this section for an alien (and the alien’s spouse and children) to be removed, the alien must satisfy the requirements of section 216A(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1186b(c)(1)), including the submission of a petition in accordance with subparagraph (A) of such section. Such petition may include the facts and information described in subparagraphs (A) and (B) of section 216A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)) with respect to any commercial en- terprise (regardless of whether such enterprise is a limited partnership and regardless of whether the alien entered the enterprise after its formation) in the United States in which the alien has made a cap- ital investment at any time. ‘‘(2) DETERMINATION.—In carrying out section 216A(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)) with respect to an alien described in paragraph (1), the Attorney General, in lieu of the determination described in such section 216A(c)(3), shall make a determination, within 90 days of the date of such filing, whether— ‘‘(A) the petition described in paragraph (1) con- tains any material misrepresentation in the facts and information alleged in the petition with respect to the commercial enterprises included in the peti- tion; ‘‘(B) subject to subparagraphs (B) and (C) of sec- tion 11031(c)(1), all such enterprises, considered to- gether, created full-time jobs for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants law- fully authorized to be employed in the United States (other than the alien and the alien’s spouse, sons, or daughters), and those jobs exist or existed on either of the dates described in paragraph (3); and ‘‘(C) considering the alien’s investments in such enterprises on either of the dates described in para- graph (3), or on both such dates, the alien is or was in substantial compliance with the capital invest- ment requirement described in section 216A(d)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)(B)). ‘‘(3) DATES.—The dates described in this paragraph are the following: ‘‘(A) The date on which the application described in subsection (b)(2) was filed. ‘‘(B) The date on which the determination under paragraph (2) is made. ‘‘(f) CLARIFICATION WITH RESPECT TO CHILDREN.—In the case of an alien who was a child on the date on which the application described in subsection (b)(2) was filed, the alien shall be considered to be a child for pur- poses of this section regardless of any change in age or marital status after such date. ‘‘SEC. 11033. REGULATIONS. ‘‘The Immigration and Naturalization Service shall promulgate regulations to implement this chapter [chapter 1 (§§ 11031–11034) of subtitle B of title I of div. C of Pub. L. 107–273, enacting this note] not later than 120 days after the date of enactment of this Act [Nov. 2, 2002]. Until such regulations are promulgated, the Attorney General shall not deny a petition filed or pending under section 216A(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1186b(c)(1)(A)) that re- lates to an eligible alien described in section 11031, or on an application filed or pending under section 245 of such Act (8 U.S.C. 1255) that relates to an eligible alien described in section 11032. Until such regulations are promulgated, the Attorney General shall not initiate or proceed with removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) that relate to an eligible alien described in section 11031 or 11032. ‘‘SEC. 11034. DEFINITIONS. ‘‘Except as otherwise provided, the terms used in this chapter shall have the meaning given such terms in section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)).’’ § 1187. Visa waiver program for certain visitors (a) Establishment of program The Secretary of Homeland Security and the Secretary of State are authorized to establish a Page 256 TITLE 8—ALIENS AND NATIONALITY § 1187 1 So in original. Probably should be followed by a comma. program (hereinafter in this section referred to as the ‘‘program’’) under which the requirement of paragraph (7)(B)(i)(II) of section 1182(a) of this title may be waived by the Secretary of Home- land Security, in consultation with the Sec- retary of State and in accordance with this sec- tion, in the case of an alien who meets the fol- lowing requirements: (1) Seeking entry as tourist for 90 days or less The alien is applying for admission during the program as a nonimmigrant visitor (de- scribed in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days. (2) National of program country The alien is a national of, and presents a passport issued by, a country which— (A) extends (or agrees to extend), either on its own or in conjunction with one or more other countries that are described in sub- paragraph (B) and that have established with it a common area for immigration admis- sions, reciprocal privileges to citizens and nationals of the United States, and (B) is designated as a pilot program coun- try under subsection (c). (3) Passport requirements The alien, at the time of application for ad- mission, is in possession of a valid unexpired passport that satisfies the following: (A) Machine readable The passport is a machine-readable pass- port that is tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally ac- cepted standard for machine readability. (B) Electronic Beginning on April 1, 2016, the passport is an electronic passport that is fraud-resist- ant, contains relevant biographic and bio- metric information (as determined by the Secretary of Homeland Security), and other- wise satisfies internationally accepted standards for electronic passports. (4) Executes immigration forms The alien before the time of such admission completes such immigration form as the Sec- retary of Homeland Security shall establish. (5) Entry into the United States If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier, including any carrier conducting oper- ations under part 135 of title 14, Code of Fed- eral Regulations, or a noncommercial aircraft that is owned or operated by a domestic cor- poration conducting operations under part 91 of title 14, Code of Federal Regulations 1 which has entered into an agreement with the Sec- retary of Homeland Security pursuant to sub- section (e). The Secretary of Homeland Secu- rity is authorized to require a carrier con- ducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and con- taining such conditions as the Secretary of Homeland Security may deem sufficient to en- sure compliance with the indemnification re- quirements of this section, as a term of such an agreement. (6) Not a safety threat The alien has been determined not to rep- resent a threat to the welfare, health, safety, or security of the United States. (7) No previous violation If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a non- immigrant. (8) Round-trip ticket The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Secretary of Homeland Secu- rity under regulations or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Reg- ulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations). (9) Automated system check The identity of the alien has been checked using an automated electronic database con- taining information about the inadmissibility of aliens to uncover any grounds on which the alien may be inadmissible to the United States, and no such ground has been found. (10) Electronic transmission of identification information Operators of aircraft under part 135 of title 14, Code of Federal Regulations, or operators of noncommercial aircraft that are owned or operated by a domestic corporation con- ducting operations under part 91 of title 14, Code of Federal Regulations, carrying any alien passenger who will apply for admission under this section shall furnish such informa- tion as the Secretary of Homeland Security by regulation shall prescribe as necessary for the identification of any alien passenger being transported and for the enforcement of the im- migration laws. Such information shall be electronically transmitted not less than one hour prior to arrival at the port of entry for purposes of checking for inadmissibility using the automated electronic database. (11) Eligibility determination under the elec- tronic system for travel authorization Beginning on the date on which the elec- tronic system for travel authorization devel- oped under subsection (h)(3) is fully oper- ational, each alien traveling under the pro- gram shall, before applying for admission to the United States, electronically provide to the system biographical information and such other information as the Secretary of Home- land Security shall determine necessary to de- termine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United Page 257 TITLE 8—ALIENS AND NATIONALITY § 1187 2 See References in Text note below. States. Upon review of such biographical in- formation, the Secretary of Homeland Secu- rity shall determine whether the alien is eligi- ble to travel to the United States under the program. (12) Not present in Iraq, Syria, or any other country or area of concern (A) In general Except as provided in subparagraphs (B) and (C)— (i) the alien has not been present, at any time on or after March 1, 2011— (I) in Iraq or Syria; (II) in a country that is designated by the Secretary of State under section 4605(j) 2 of title 50 (as continued in effect under the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.)), section 2780 of title 22, section 2371 of title 22, or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or (III) in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and (ii) regardless of whether the alien is a national of a program country, the alien is not a national of— (I) Iraq or Syria; (II) a country that is designated, at the time the alien applies for admission, by the Secretary of State under section 4605(j) 2 of title 50 (as continued in effect under the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.)), section 2780 of title 22, section 2371 of title 22, or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or (III) any other country that is des- ignated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph (D). (B) Certain military personnel and govern- ment employees Subparagraph (A)(i) shall not apply in the case of an alien if the Secretary of Homeland Security determines that the alien was present— (i) in order to perform military service in the armed forces of a program country; or (ii) in order to carry out official duties as a full time employee of the government of a program country. (C) Waiver The Secretary of Homeland Security may waive the application of subparagraph (A) to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States. (D) Countries or areas of concern (i) In general Not later than 60 days after December 18, 2015, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intel- ligence, shall determine whether the re- quirement under subparagraph (A) shall apply to any other country or area. (ii) Criteria In making a determination under clause (i), the Secretary shall consider— (I) whether the presence of an alien in the country or area increases the likeli- hood that the alien is a credible threat to the national security of the United States; (II) whether a foreign terrorist organi- zation has a significant presence in the country or area; and (III) whether the country or area is a safe haven for terrorists. (iii) Annual review The Secretary shall conduct a review, on an annual basis, of any determination made under clause (i). (E) Report Beginning not later than one year after December 18, 2015, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Se- curity, the Committee on Foreign Affairs, the Permanent Select Committee on Intel- ligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Gov- ernmental Affairs, the Committee on For- eign Relations, the Select Committee on In- telligence, and the Committee on the Judici- ary of the Senate a report on each instance in which the Secretary exercised the waiver authority under subparagraph (C) during the previous year. (b) Waiver of rights An alien may not be provided a waiver under the program unless the alien has waived any right— (1) to review or appeal under this chapter of an immigration officer’s determination as to the admissibility of the alien at the port of entry into the United States, or (2) to contest, other than on the basis of an application for asylum, any action for removal of the alien. (c) Designation of program countries (1) In general The Secretary of Homeland Security, in con- sultation with the Secretary of State, may designate any country as a program country if it meets the requirements of paragraph (2). (2) Qualifications Except as provided in subsection (f), a coun- try may not be designated as a program coun- try unless the following requirements are met: (A) Low nonimmigrant visa refusal rate Either— Page 258 TITLE 8—ALIENS AND NATIONALITY § 1187 (i) the average number of refusals of non- immigrant visitor visas for nationals of that country during— (I) the two previous full fiscal years was less than 2.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years; and (II) either of such two previous full fis- cal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year; or (ii) such refusal rate for nationals of that country during the previous full fiscal year was less than 3.0 percent. (B) Passport program (i) Issuance of passports The government of the country certifies that it issues to its citizens passports de- scribed in subparagraph (A) of subsection (a)(3), and on or after April 1, 2016, pass- ports described in subparagraph (B) of sub- section (a)(3). (ii) Validation of passports Not later than October 1, 2016, the gov- ernment of the country certifies that it has in place mechanisms to validate pass- ports described in subparagraphs (A) and (B) of subsection (a)(3) at each key port of entry into that country. This requirement shall not apply to travel between countries which fall within the Schengen Zone. (C) Law enforcement and security interests The Secretary of Homeland Security, in consultation with the Secretary of State— (i) evaluates the effect that the coun- try’s designation would have on the law enforcement and security interests of the United States (including the interest in enforcement of the immigration laws of the United States and the existence and ef- fectiveness of its agreements and proce- dures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law); (ii) determines that such interests would not be compromised by the designation of the country; and (iii) submits a written report to the Committee on the Judiciary, the Com- mittee on Foreign Affairs, and the Com- mittee on Homeland Security of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Home- land Security and Governmental Affairs of the Senate regarding the country’s quali- fication for designation that includes an explanation of such determination. (D) Reporting lost and stolen passports The government of the country enters into an agreement with the United States to re- port, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports not later than 24 hours after becoming aware of the theft or loss and in a manner specified in the agreement. (E) Repatriation of aliens The government of the country accepts for repatriation any citizen, former citizen, or national of the country against whom a final executable order of removal is issued not later than three weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State to compel the release, removal, or consideration for release or re- moval of any alien. (F) Passenger information exchange The government of the country enters into an agreement with the United States to share information regarding whether citi- zens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens, and fully implements such agreement. (G) Interpol screening Not later than 270 days after December 18, 2015, except in the case of a country in which there is not an international airport, the government of the country certifies to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it is screening, for unlawful ac- tivity, each person who is not a citizen or national of that country who is admitted to or departs that country, by using relevant databases and notices maintained by Interpol, or other means designated by the Secretary of Homeland Security. This re- quirement shall not apply to travel between countries which fall within the Schengen Zone. (3) Continuing and subsequent qualifications For each fiscal year after the initial period— (A) Continuing qualification In the case of a country which was a pro- gram country in the previous fiscal year, a country may not be designated as a program country unless the sum of— (i) the total of the number of nationals of that country who were denied admission at the time of arrival or withdrew their ap- plication for admission during such pre- vious fiscal year as a nonimmigrant vis- itor, and (ii) the total number of nationals of that country who were admitted as non- immigrant visitors during such previous fiscal year and who violated the terms of such admission, was less than 2 percent of the total number of nationals of that country who applied for Page 259 TITLE 8—ALIENS AND NATIONALITY § 1187 admission as nonimmigrant visitors during such previous fiscal year. (B) New countries In the case of another country, the coun- try may not be designated as a program country unless the following requirements are met: (i) Low nonimmigrant visa refusal rate in previous 2-year period The average number of refusals of non- immigrant visitor visas for nationals of that country during the two previous full fiscal years was less than 2 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years. (ii) Low nonimmigrant visa refusal rate in each of the 2 previous years The average number of refusals of non- immigrant visitor visas for nationals of that country during either of such two pre- vious full fiscal years was less than 2.5 per- cent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year. (4) Initial period For purposes of paragraphs (2) and (3), the term ‘‘initial period’’ means the period begin- ning at the end of the 30-day period described in subsection (b)(1) and ending on the last day of the first fiscal year which begins after such 30-day period. (5) Written reports on continuing qualification; designation terminations (A) Periodic evaluations (i) In general The Secretary of Homeland Security, in consultation with the Secretary of State, periodically (but not less than once every 2 years)— (I) shall evaluate the effect of each program country’s continued designation on the law enforcement and security in- terests of the United States (including the interest in enforcement of the immi- gration laws of the United States and the existence and effectiveness of its agreements and procedures for extra- diting to the United States individuals, including its own nationals, who commit crimes that violate United States law); (II) shall determine, based upon the evaluation in subclause (I), whether any such designation ought to be continued or terminated under subsection (d); (III) shall submit a written report to the Committee on the Judiciary, the Committee on Foreign Affairs, the Per- manent Select Committee on Intel- ligence, and the Committee on Homeland Security, of the House of Representa- tives and the Committee on the Judici- ary, the Committee on Foreign Rela- tions, the Select Committee on Intel- ligence and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the continuation or termination of the country’s designation that includes an explanation of such de- termination and the effects described in subclause (I); (IV) shall submit to Congress a report regarding the implementation of the electronic system for travel authoriza- tion under subsection (h)(3) and the par- ticipation of new countries in the pro- gram through a waiver under paragraph (8); and (V) shall submit to the committees de- scribed in subclause (III), a report that includes an assessment of the threat to the national security of the United States of the designation of each country designated as a program country, includ- ing the compliance of the government of each such country with the requirements under subparagraphs (D) and (F) of para- graph (2), as well as each such govern- ment’s capacity to comply with such re- quirements. (ii) Effective date A termination of the designation of a country under this subparagraph shall take effect on the date determined by the Secretary of Homeland Security, in con- sultation with the Secretary of State. (iii) Redesignation In the case of a termination under this subparagraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to sub- section (f) or paragraph (2) or (3), when the Secretary of Homeland Security, in con- sultation with the Secretary of State, de- termines that all causes of the termi- nation have been eliminated. (B) Emergency termination (i) In general In the case of a program country in which an emergency occurs that the Sec- retary of Homeland Security, in consulta- tion with the Secretary of State, deter- mines threatens the law enforcement or security interests of the United States (in- cluding the interest in enforcement of the immigration laws of the United States), the Secretary of Homeland Security shall immediately terminate the designation of the country as a program country. (ii) Definition For purposes of clause (i), the term ‘‘emergency’’ means— (I) the overthrow of a democratically elected government; (II) war (including undeclared war, civil war, or other military activity) on the territory of the program country; (III) a severe breakdown in law and order affecting a significant portion of the program country’s territory; (IV) a severe economic collapse in the program country; or (V) any other extraordinary event in the program country that threatens the Page 260 TITLE 8—ALIENS AND NATIONALITY § 1187 law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States) and where the country’s participation in the program could contribute to that threat. (iii) Redesignation The Secretary of Homeland Security may redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that— (I) at least 6 months have elapsed since the effective date of the termination; (II) the emergency that caused the ter- mination has ended; and (III) the average number of refusals of nonimmigrant visitor visas for nationals of that country during the period of ter- mination under this subparagraph was less than 3.0 percent of the total number of nonimmigrant visitor visas for nation- als of that country which were granted or refused during such period. (iv) Program suspension authority The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country partici- pating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State— (I) may suspend a country from the visa waiver program without prior no- tice; (II) shall notify any country suspended under subclause (I) and, to the extent practicable without disclosing sensitive intelligence sources and methods, pro- vide justification for the suspension; and (III) shall restore the suspended coun- try’s participation in the visa waiver program upon a determination that the threat no longer poses an imminent dan- ger to the United States or its citizens. (C) Treatment of nationals after termination For purposes of this paragraph— (i) nationals of a country whose designa- tion is terminated under subparagraph (A) or (B) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and (ii) a waiver under this section that is provided to such a national for a period de- scribed in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termi- nation. (6) Computation of visa refusal rates For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which in- corporate any procedures based on, or are oth- erwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. No court shall have jurisdiction under this paragraph to review any visa re- fusal, the denial of admission to the United States of any alien by the Secretary of Home- land Security, the Secretary’s computation of the visa refusal rate, or the designation or nondesignation of any country. (7) Visa waiver information (A) In general In refusing the application of nationals of a program country for United States visas, or the applications of nationals of a country seeking entry into the visa waiver program, a consular officer shall not knowingly or in- tentionally classify the refusal of the visa under a category that is not included in the calculation of the visa refusal rate only so that the percentage of that country’s visa refusals is less than the percentage limita- tion applicable to qualification for partici- pation in the visa waiver program. (B) Reporting requirement On May 1 of each year, for each country under consideration for inclusion in the visa waiver program, the Secretary of State shall provide to the appropriate congressional committees— (i) the total number of nationals of that country that applied for United States visas in that country during the previous calendar year; (ii) the total number of such nationals who received United States visas during the previous calendar year; (iii) the total number of such nationals who were refused United States visas dur- ing the previous calendar year; (iv) the total number of such nationals who were refused United States visas dur- ing the previous calendar year under each provision of this chapter under which the visas were refused; and (v) the number of such nationals that were refused under section 1184(b) of this title as a percentage of the visas that were issued to such nationals. (C) Certification Not later than May 1 of each year, the United States chief of mission, acting or per- manent, to each country under consider- ation for inclusion in the visa waiver pro- gram shall certify to the appropriate con- gressional committees that the information described in subparagraph (B) is accurate and provide a copy of that certification to those committees. (D) Consideration of countries in the visa waiver program Upon notification to the Secretary of Homeland Security that a country is under consideration for inclusion in the visa waiv- er program, the Secretary of State shall pro- vide all of the information described in sub- paragraph (B) to the Secretary of Homeland Security. Page 261 TITLE 8—ALIENS AND NATIONALITY § 1187 (E) Definition In this paragraph, the term ‘‘appropriate congressional committees’’ means the Com- mittee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Com- mittee on International Relations of the House of Representatives. (8) Nonimmigrant visa refusal rate flexibility (A) Certification (i) In general On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nation- als who exit through airports of the United States and the electronic system for travel authorization required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Con- gress that such air exit system and elec- tronic system for travel authorization are in place. (ii) Notification to Congress The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in sub- section (i). (iii) Temporary suspension of waiver au- thority Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, the Secretary’s waiver authority under subparagraph (B) shall be suspended beginning on July 1, 2009, until such time as the Secretary makes such notification. (iv) Rule of construction Nothing in this paragraph shall be con- strued as in any way abrogating the re- porting requirements under subsection (i)(3). (B) Waiver After certification by the Secretary under subparagraph (A), the Secretary, in con- sultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if— (i) the country meets all security re- quirements of this section; (ii) the Secretary of Homeland Security determines that the totality of the coun- try’s security risk mitigation measures provide assurance that the country’s par- ticipation in the program would not com- promise the law enforcement, security in- terests, or enforcement of the immigration laws of the United States; (iii) there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals of the country and con- ditions exist to continue such reduction; (iv) the country cooperated with the Government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel be- fore the date of its designation as a pro- gram country, and the Secretary of Home- land Security and the Secretary of State determine that such cooperation will con- tinue; and (v)(I) the rate of refusals for non- immigrant visitor visas for nationals of the country during the previous full fiscal year was not more than ten percent; or (II) the visa overstay rate for the coun- try for the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established under subparagraph (C). (C) Maximum visa overstay rate (i) Requirement to establish After certification by the Secretary under subparagraph (A), the Secretary and the Secretary of State jointly shall use in- formation from the air exit system re- ferred to in such subparagraph to establish a maximum visa overstay rate for coun- tries participating in the program pursu- ant to a waiver under subparagraph (B). The Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law enforcement, se- curity interests, or enforcement of the im- migration laws of the United States. (ii) Visa overstay rate defined In this paragraph the term ‘‘visa over- stay rate’’ means, with respect to a coun- try, the ratio of— (I) the total number of nationals of that country who were admitted to the United States on the basis of a non- immigrant visa whose periods of author- ized stays ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (II) the total number of nationals of that country who were admitted to the United States on the basis of a non- immigrant visa during that fiscal year. (iii) Report and publication The Secretary of Homeland Security shall on the same date submit to Congress and publish in the Federal Register infor- mation relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after such date, the Secretary shall issue a final maximum visa overstay rate above which a country may not participate in the program. (9) Discretionary security-related consider- ations In determining whether to waive the appli- cation of paragraph (2)(A) for a country, pur- suant to paragraph (8), the Secretary of Home- land Security, in consultation with the Sec- retary of State, shall take into consideration other factors affecting the security of the United States, including— (A) airport security standards in the coun- try; (B) whether the country assists in the op- eration of an effective air marshal program; (C) the standards of passports and travel documents issued by the country; and Page 262 TITLE 8—ALIENS AND NATIONALITY § 1187 (D) other security-related factors, includ- ing the country’s cooperation with the United States’ initiatives toward combating terrorism and the country’s cooperation with the United States intelligence commu- nity in sharing information regarding ter- rorist threats. (10) Technical assistance The Secretary of Homeland Security, in con- sultation with the Secretary of State, shall provide technical assistance to program coun- tries to assist those countries in meeting the requirements under this section. The Sec- retary of Homeland Security shall ensure that the program office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such tech- nical assistance, in addition to its duties to ef- fectively monitor compliance of the countries participating in the program with all the re- quirements of the program. (11) Independent review (A) In general Prior to the admission of a new country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Di- rector of National Intelligence shall conduct an independent intelligence assessment of a nominated country and member of the pro- gram. (B) Reporting requirement The Director shall provide to the Sec- retary of Homeland Security, the Secretary of State, and the Attorney General the inde- pendent intelligence assessment required under subparagraph (A). (C) Contents The independent intelligence assessment conducted by the Director shall include— (i) a review of all current, credible ter- rorist threats of the subject country; (ii) an evaluation of the subject coun- try’s counterterrorism efforts; (iii) an evaluation as to the extent of the country’s sharing of information beneficial to suppressing terrorist movements, fi- nancing, or actions; (iv) an assessment of the risks associated with including the subject country in the program; and (v) recommendations to mitigate the risks identified in clause (iv). (12) Designation of high risk program coun- tries (A) In general The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program countries on an an- nual basis based on the criteria described in subparagraph (B) and shall identify any pro- gram country, the admission of nationals from which under the visa waiver program under this section, the Secretary determines presents a high risk to the national security of the United States. (B) Criteria In evaluating program countries under subparagraph (A), the Secretary of Home- land Security, in consultation with the Di- rector of National Intelligence and the Sec- retary of State, shall consider the following criteria: (i) The number of nationals of the coun- try determined to be ineligible to travel to the United States under the program dur- ing the previous year. (ii) The number of nationals of the coun- try who were identified in United States Government databases related to the iden- tities of known or suspected terrorists dur- ing the previous year. (iii) The estimated number of nationals of the country who have traveled to Iraq or Syria at any time on or after March 1, 2011 to engage in terrorism. (iv) The capacity of the country to com- bat passport fraud. (v) The level of cooperation of the coun- try with the counter-terrorism efforts of the United States. (vi) The adequacy of the border and im- migration control of the country. (vii) Any other criteria the Secretary of Homeland Security determines to be ap- propriate. (C) Suspension of designation The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the United States under subpara- graph (A) until such time as the Secretary determines that the country no longer pre- sents such a risk. (D) Report Not later than 60 days after December 18, 2015, and annually thereafter, the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the Com- mittee on Homeland Security, the Com- mittee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Af- fairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Sen- ate a report, which includes an evaluation and threat assessment of each country deter- mined to present a high risk to the national security of the United States under subpara- graph (A). (d) Authority Notwithstanding any other provision of this section, the Secretary of Homeland Security, in consultation with the Secretary of State, may for any reason (including national security) re- frain from waiving the visa requirement in re- spect to nationals of any country which may otherwise qualify for designation or may, at any time, rescind any waiver or designation pre- Page 263 TITLE 8—ALIENS AND NATIONALITY § 1187 3 So in original. Probably should be ‘‘subsection’’. viously granted under this section. The Sec- retary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Com- mittee on Appropriations, and with respect to the Senate, the Committee on Homeland Secu- rity and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Re- lations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver. (e) Carrier agreements (1) In general The agreement referred to in subsection (a)(4) is an agreement between a carrier (in- cluding any carrier conducting operations under part 135 of title 14, Code of Federal Reg- ulations) or a domestic corporation con- ducting operations under part 91 of that title and the Secretary of Homeland Security under which the carrier (including any carrier con- ducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title agrees, in consideration of the waiver of the visa requirement with respect to a nonimmigrant visitor under the program— (A) to indemnify the United States against any costs for the transportation of the alien from the United States if the visitor is re- fused admission to the United States or re- mains in the United States unlawfully after the 90-day period described in subsection (a)(1)(A), (B) to submit daily to immigration officers any immigration forms received with re- spect to nonimmigrant visitors provided a waiver under the program, (C) to be subject to the imposition of fines resulting from the transporting into the United States of a national of a designated country without a passport pursuant to reg- ulations promulgated by the Secretary of Homeland Security, and (D) to collect, provide, and share passenger data as required under subsection (h)(1)(B). (2) Termination of agreements The Secretary of Homeland Security may terminate an agreement under paragraph (1) with five days’ notice to the carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title for the failure by a carrier (including any carrier conducting oper- ations under part 135 of title 14, Code of Fed- eral Regulations) or a domestic corporation conducting operations under part 91 of that title to meet the terms of such agreement. (3) Business aircraft requirements (A) In general For purposes of this section, a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regula- tions 1 that owns or operates a noncommer- cial aircraft is a corporation that is orga- nized under the laws of any of the States of the United States or the District of Colum- bia and is accredited by or a member of a na- tional organization that sets business avia- tion standards. The Secretary of Homeland Security shall prescribe by regulation the provision of such information as the Sec- retary of Homeland Security deems nec- essary to identify the domestic corporation, its officers, employees, shareholders, its place of business, and its business activities. (B) Collections In addition to any other fee authorized by law, the Secretary of Homeland Security is authorized to charge and collect, on a peri- odic basis, an amount from each domestic corporation conducting operations under part 91 of title 14, Code of Federal Regula- tions, for nonimmigrant visa waiver admis- sions on noncommercial aircraft owned or operated by such domestic corporation equal to the total amount of fees assessed for issuance of nonimmigrant visa waiver ar- rival/departure forms at land border ports of entry. All fees collected under this para- graph shall be deposited into the Immigra- tion User Fee Account established under sec- tion 1356(h) of this title. (f) Duration and termination of designation (1) In general (A) Determination and notification of dis- qualification rate Upon determination by the Secretary of Homeland Security that a program coun- try’s disqualification rate is 2 percent or more, the Secretary of Homeland Security shall notify the Secretary of State. (B) Probationary status If the program country’s disqualification rate is greater than 2 percent but less than 3.5 percent, the Secretary of Homeland Secu- rity shall place the program country in pro- bationary status for a period not to exceed 2 full fiscal years following the year in which the determination under subparagraph (A) is made. (C) Termination of designation Subject to paragraph (3), if the program country’s disqualification rate is 3.5 percent or more, the Secretary of Homeland Secu- rity shall terminate the country’s designa- tion as a program country effective at the beginning of the second fiscal year following the fiscal year in which the determination under subparagraph (A) is made. (2) Termination of probationary status (A) In general If the Secretary of Homeland Security de- termines at the end of the probationary pe- riod described in paragraph (1)(B) that the program country placed in probationary sta- tus under such paragraph has failed to de- velop a machine-readable passport program as required by section 3 (c)(2)(C), or has a dis- Page 264 TITLE 8—ALIENS AND NATIONALITY § 1187 qualification rate of 2 percent or more, the Secretary of Homeland Security shall termi- nate the designation of the country as a pro- gram country. If the Secretary of Homeland Security determines that the program coun- try has developed a machine-readable pass- port program and has a disqualification rate of less than 2 percent, the Secretary of Homeland Security shall redesignate the country as a program country. (B) Effective date A termination of the designation of a country under subparagraph (A) shall take effect on the first day of the first fiscal year following the fiscal year in which the deter- mination under such subparagraph is made. Until such date, nationals of the country shall remain eligible for a waiver under sub- section (a). (3) Nonapplicability of certain provisions Paragraph (1)(C) shall not apply unless the total number of nationals of a program coun- try described in paragraph (4)(A) exceeds 100. (4) ‘‘Disqualification rate’’ defined For purposes of this subsection, the term ‘‘disqualification rate’’ means the percentage which— (A) the total number of nationals of the program country who were— (i) denied admission at the time of ar- rival or withdrew their application for ad- mission during the most recent fiscal year for which data are available; and (ii) admitted as nonimmigrant visitors during such fiscal year and who violated the terms of such admission; bears to (B) the total number of nationals of such country who applied for admission as non- immigrant visitors during such fiscal year. (5) Failure to report passport thefts If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not reporting the theft or loss of passports, as required by subsection (c)(2)(D), the Secretary of Homeland Security shall terminate the designation of the country as a program country. (6) Failure to share information (A) In general If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not sharing in- formation, as required by subsection (c)(2)(F), the Secretary of Homeland Secu- rity shall terminate the designation of the country as a program country. (B) Redesignation In the case of a termination under this paragraph, the Secretary of Homeland Secu- rity shall redesignate the country as a pro- gram country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is sharing information, as required by sub- section (c)(2)(F). (7) Failure to screen (A) In general Beginning on the date that is 270 days after December 18, 2015, if the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not conducting the screening re- quired by subsection (c)(2)(G), the Secretary of Homeland Security shall terminate the designation of the country as a program country. (B) Redesignation In the case of a termination under this paragraph, the Secretary of Homeland Secu- rity shall redesignate the country as a pro- gram country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is con- ducting the screening required by subsection (c)(2)(G). (g) Visa application sole method to dispute de- nial of waiver based on a ground of inadmis- sibility In the case of an alien denied a waiver under the program by reason of a ground of inadmis- sibility described in section 1182(a) of this title that is discovered at the time of the alien’s ap- plication for the waiver or through the use of an automated electronic database required under subsection (a)(9), the alien may apply for a visa at an appropriate consular office outside the United States. There shall be no other means of administrative or judicial review of such a de- nial, and no court or person otherwise shall have jurisdiction to consider any claim attacking the validity of such a denial. (h) Use of information technology systems (1) Automated entry-exit control system (A) System Not later than October 1, 2001, the Sec- retary of Homeland Security shall develop and implement a fully automated entry and exit control system that will collect a record of arrival and departure for every alien who arrives and departs by sea or air at a port of entry into the United States and is provided a waiver under the program. (B) Requirements The system under subparagraph (A) shall satisfy the following requirements: (i) Data collection by carriers Not later than October 1, 2001, the records of arrival and departure described in subparagraph (A) shall be based, to the maximum extent practicable, on passenger data collected and electronically trans- mitted to the automated entry and exit control system by each carrier that has an agreement under subsection (a)(4). (ii) Data provision by carriers Not later than October 1, 2002, no waiver may be provided under this section to an alien arriving by sea or air at a port of entry into the United States on a carrier Page 265 TITLE 8—ALIENS AND NATIONALITY § 1187 4 So in original. Probably should be ‘‘an’’. unless the carrier is electronically trans- mitting to the automated entry and exit control system passenger data determined by the Secretary of Homeland Security to be sufficient to permit the Secretary of Homeland Security to carry out this para- graph. (iii) Calculation The system shall contain sufficient data to permit the Secretary of Homeland Secu- rity to calculate, for each program coun- try and each fiscal year, the portion of na- tionals of that country who are described in subparagraph (A) and for whom no record of departure exists, expressed as a percentage of the total number of such na- tionals who are so described. (C) Reporting (i) Percentage of nationals lacking depar- ture record As part of the annual report required to be submitted under section 1365a(e)(1) of this title, the Secretary of Homeland Se- curity shall include a section containing the calculation described in subparagraph (B)(iii) for each program country for the previous fiscal year, together with an analysis of that information. (ii) System effectiveness Not later than December 31, 2004, the Secretary of Homeland Security shall sub- mit a written report to the Committee on the Judiciary of the United States House of Representatives and of the Senate con- taining the following: (I) The conclusions of the Secretary of Homeland Security regarding the effec- tiveness of the automated entry and exit control system to be developed and im- plemented under this paragraph. (II) The recommendations of the Sec- retary of Homeland Security regarding the use of the calculation described in subparagraph (B)(iii) as a basis for evalu- ating whether to terminate or continue the designation of a country as a pro- gram country. The report required by this clause may be combined with the annual report required to be submitted on that date under section 1365a(e)(1) of this title. (2) Automated data sharing system (A) System The Secretary of Homeland Security and the Secretary of State shall develop and im- plement an automated data sharing system that will permit them to share data in elec- tronic form from their respective records systems regarding the admissibility of aliens who are nationals of a program country. (B) Requirements The system under subparagraph (A) shall satisfy the following requirements: (i) Supplying information to immigration officers conducting inspections at ports of entry Not later than October 1, 2002, the sys- tem shall enable immigration officers con- ducting inspections at ports of entry under section 1225 of this title to obtain from the system, with respect to aliens seeking a waiver under the program— (I) any photograph of the alien that may be contained in the records of the Department of State or the Service; and (II) information on whether the alien has ever been determined to be ineligible to receive a visa or ineligible to be ad- mitted to the United States. (ii) Supplying photographs of inadmissible aliens The system shall permit the Secretary of Homeland Security electronically to ob- tain any photograph contained in the records of the Secretary of State per- taining to an alien who is a national of a program country and has been determined to be ineligible to receive a visa. (iii) Maintaining records on applications for admission The system shall maintain, for a min- imum of 10 years, information about each application for admission made by an alien seeking a waiver under the program, in- cluding the following: (I) The name or Service identification number of each immigration officer con- ducting the inspection of the alien at the port of entry. (II) Any information described in clause (i) that is obtained from the sys- tem by any such officer. (III) The results of the application. (3) Electronic system for travel authorization (A) System The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a fully auto- mated electronic system for travel author- ization (referred to in this paragraph as the ‘‘System’’) to collect such biographical and other information as the Secretary of Home- land Security determines necessary to deter- mine, in advance of travel, the eligibility of, and whether there exists a law enforcement or security risk in permitting, the 4 alien to travel to the United States. (B) Fees (i) In general No later than 6 months after March 4, 2010, the Secretary of Homeland Security shall establish a fee for the use of the Sys- tem and begin assessment and collection of that fee. The initial fee shall be the sum of— (I) $17 per travel authorization; and (II) an amount that will at least ensure recovery of the full costs of providing and administering the System, as deter- mined by the Secretary. (ii) Disposition of amounts collected Amounts collected under clause (i)(I) shall be credited to the Travel Promotion Page 266 TITLE 8—ALIENS AND NATIONALITY § 1187 Fund established by subsection (d) of sec- tion 2131 of title 22. Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made available to pay the costs incurred to ad- minister the System. (iii) Sunset of Travel Promotion Fund fee The Secretary may not collect the fee authorized by clause (i)(I) for fiscal years beginning after October 31, 2028. (C) Validity (i) Period The Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed three years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Home- land Security may revoke any such deter- mination or shorten the period of eligi- bility under any such determination at any time and for any reason. (ii) Limitation A determination by the Secretary of Homeland Security that an alien is eligi- ble to travel to the United States under the program is not a determination that the alien is admissible to the United States. (iii) Not a determination of visa eligibility A determination by the Secretary of Homeland Security that an alien who ap- plied for authorization to travel to the United States through the System is not eligible to travel under the program is not a determination of eligibility for a visa to travel to the United States and shall not preclude the alien from applying for a visa. (iv) Judicial review Notwithstanding any other provision of law, no court shall have jurisdiction to re- view an eligibility determination under the System. (D) Fraud detection The Secretary of Homeland Security shall research opportunities to incorporate into the System technology that will detect and prevent fraud and deception in the System. (E) Additional and previous countries of citi- zenship The Secretary of Homeland Security shall collect from an applicant for admission pur- suant to this section information on any ad- ditional or previous countries of citizenship of that applicant. The Secretary shall take any information so collected into account when making determinations as to the eligi- bility of the alien for admission pursuant to this section. (F) Report on certain limitations on travel Not later than 30 days after December 18, 2015, and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Com- mittee on the Judiciary, and the Committee on Foreign Affairs of the House of Rep- resentatives, and the Committee on Home- land Security and Governmental Affairs, the Committee on the Judiciary, and the Com- mittee on Foreign Relations of the Senate a report on the number of individuals who were denied eligibility to travel under the program, or whose eligibility for such travel was revoked during the previous year, and the number of such individuals determined, in accordance with subsection (a)(6), to rep- resent a threat to the national security of the United States, and shall include the country or countries of citizenship of each such individual. (i) Exit system (1) In general Not later than one year after August 3, 2007, the Secretary of Homeland Security shall es- tablish an exit system that records the depar- ture on a flight leaving the United States of every alien participating in the visa waiver program established under this section. (2) System requirements The system established under paragraph (1) shall— (A) match biometric information of the alien against relevant watch lists and immi- gration information; and (B) compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such aliens have departed the United States. (3) Report Not later than 180 days after August 3, 2007, the Secretary shall submit to Congress a re- port that describes— (A) the progress made in developing and deploying the exit system established under this subsection; and (B) the procedures by which the Secretary shall improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay in the United States. (June 27, 1952, ch. 477, title II, ch. 2, § 217, as added Pub. L. 99–603, title III, § 313(a), Nov. 6, 1986, 100 Stat. 3435; amended Pub. L. 100–525, § 2(p)(1), (2), Oct. 24, 1988, 102 Stat. 2613; Pub. L. 101–649, title II, § 201(a), Nov. 29, 1990, 104 Stat. 5012; Pub. L. 102–232, title III, §§ 303(a)(1), (2), 307(l)(3), Dec. 12, 1991, 105 Stat. 1746, 1756; Pub. L. 103–415, § 1(m), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 103–416, title II, §§ 210, 211, Oct. 25, 1994, 108 Stat. 4312, 4313; Pub. L. 104–208, div. C, title III, § 308(d)(4)(F), (e)(9), title VI, § 635(a)–(c)(1), (3), Sept. 30, 1996, 110 Stat. 3009–618, 3009–620, 3009–702, 3009–703; Pub. L. 105–119, title I, § 125, Nov. 26, 1997, 111 Stat. 2471; Pub. L. 105–173, §§ 1, 3, Apr. 27, 1998, 112 Stat. 56; Pub. L. 106–396, title I, § 101(a), title II, §§ 201–207, title IV, § 403(a)–(d), Oct. 30, 2000, 114 Stat. 1637–1644, 1647, 1648; Pub. L. 107–56, title IV, § 417(c), (d), Oct. 26, 2001, 115 Stat. 355; Pub. L. 107–173, title III, § 307(a), May Page 267 TITLE 8—ALIENS AND NATIONALITY § 1187 14, 2002, 116 Stat. 556; Pub. L. 110–53, title VII, § 711(c), (d)(1), Aug. 3, 2007, 121 Stat. 339, 341; Pub. L. 111–145, § 9(h), formerly § 9(e), Mar. 4, 2010, 124 Stat. 62, renumbered Pub. L. 113–235, div. B, title VI, § 606(1), Dec. 16, 2014, 128 Stat. 2219; Pub. L. 111–198, § 5(a), July 2, 2010, 124 Stat. 1357; Pub. L. 113–235, div. B, title VI, § 605(b), Dec. 16, 2014, 128 Stat. 2219; Pub. L. 114–113, div. O, title II, §§ 202(a), (b), 203–205(a), 206, 207(a), 209, Dec. 18, 2015, 129 Stat. 2989–2995; Pub. L. 115–123, div. C, title II, § 30203(a), Feb. 9, 2018, 132 Stat. 126; Pub. L. 116–94, div. I, title VIII, § 806, Dec. 20, 2019, 133 Stat. 3029; Pub. L. 117–103, div. EE, § 101, Mar. 15, 2022, 136 Stat. 1111.) Editorial Notes REFERENCES IN TEXT Section 4605(j) of title 50, referred to in subsec. (a)(12)(A)(i)(II), (ii)(II), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of title 50, see section 4813(c) of title 50, as enacted by Pub. L. 115–232. The International Emergency Economic Powers Act, referred to in subsec. (a)(12)(A)(i)(II), (ii)(II), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. This chapter, referred to in subsecs. (b)(1) and (c)(7)(B)(iv), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Im- migration and Nationality Act, which is classified prin- cipally 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 2022—Subsec. (h)(3)(B)(iii). Pub. L. 117–103 substituted ‘‘October 31, 2028’’ for ‘‘September 30, 2027’’. 2019—Subsec. (h)(3)(B)(i)(I). Pub. L. 116–94 substituted ‘‘$17’’ for ‘‘$10’’. 2018—Subsec. (h)(3)(B)(iii). Pub. L. 115–123 substituted ‘‘September 30, 2027’’ for ‘‘September 30, 2020’’. 2015—Pub. L. 114–113, § 209(b)(1), substituted ‘‘elec- tronic system for travel authorization’’ for ‘‘electronic travel authorization system’’ wherever appearing. Pub. L. 114–113, § 209(a), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ wherever appearing, except in subsec. (c)(11)(B). Subsec. (a)(3). Pub. L. 114–113, § 202(a), amended par. (3) generally. Prior to amendment, par. (3) related to machine readable passport requirement. Subsec. (a)(11). Pub. L. 114–113, § 209(b)(2), substituted ‘‘electronic system for travel authorization’’ for ‘‘elec- tronic travel authorization system’’ in heading. Subsec. (a)(12). Pub. L. 114–113, § 203, added par. (12). Subsec. (c)(2)(B). Pub. L. 114–113, § 202(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to machine readable passport program. Subsec. (c)(2)(C)(iii). Pub. L. 114–113, § 205(a)(1), sub- stituted ‘‘, the Committee on Foreign Affairs, and the Committee on Homeland Security’’ for ‘‘and the Com- mittee on International Relations’’ and ‘‘, the Com- mittee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs’’ for ‘‘and the Committee on Foreign Relations’’. Subsec. (c)(2)(D). Pub. L. 114–113, § 204(a), substituted ‘‘not later than 24 hours after becoming aware of the theft or loss’’ for ‘‘within a strict time limit’’. Subsec. (c)(2)(F). Pub. L. 114–113, § 204(c), inserted be- fore period at end ‘‘, and fully implements such agree- ment’’. Subsec. (c)(2)(G). Pub. L. 114–113, § 204(b), added sub- par. (G). Subsec. (c)(5)(A)(i)(III). Pub. L. 114–113, § 205(a)(2)(A)(i), (ii), inserted ‘‘the Permanent Select Committee on Intelligence,’’ after ‘‘the Committee on Foreign Affairs,’’ and ‘‘the Select Committee on Intel- ligence’’ after ‘‘the Committee on Foreign Relations,’’. Subsec. (c)(5)(A)(i)(V). Pub. L. 114–113, § 205(a)(2)(A)(iii)–(C), added subcl. (V). Subsec. (c)(12). Pub. L. 114–113, § 206, added par. (12). Subsec. (f)(6), (7). Pub. L. 114–113, § 204(d), added pars. (6) and (7). Subsec. (h)(3). Pub. L. 114–113, § 209(b)(3), substituted ‘‘Electronic system for travel authorization’’ for ‘‘Elec- tronic travel authorization system’’ in heading. Subsec. (h)(3)(C)(i). Pub. L. 114–113, § 207(a)(1), inserted ‘‘or shorten the period of eligibility under any such de- termination’’ after ‘‘any such determination’’. Subsec. (h)(3)(D) to (F). Pub. L. 114–113, § 207(a)(2), added subpars. (D) to (F) and struck out former subpar. (D) which required submission of report regarding the implementation of the automated electronic travel au- thorization system. 2014—Subsec. (h)(3)(B)(iii). Pub. L. 113–235, § 605(b), substituted ‘‘September 30, 2020’’ for ‘‘September 30, 2015’’. 2010—Subsec. (h)(3)(B). Pub. L. 111–145, § 9(h), formerly § 9(e), as renumbered by Pub. L. 113–235, § 606(1), amend- ed subpar. (B) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Homeland Security may charge a fee for the use of the System, which shall be— ‘‘(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and ‘‘(ii) available to pay the costs incurred to admin- ister the System.’’ Subsec. (h)(3)(B)(ii). Pub. L. 111–198, § 5(a)(1), made technical amendment to reference in original act which appears in text as reference to ‘‘subsection (d) of sec- tion 2131 of title 22’’. Subsec. (h)(3)(B)(iii). Pub. L. 111–198, § 5(a)(2), sub- stituted ‘‘September 30, 2015.’’ for ‘‘September 30, 2014.’’ 2007—Subsec. (a). Pub. L. 110–53, § 711(d)(1)(A)(i), des- ignated concluding provisions as par. (10) and inserted heading. Subsec. (a)(11). Pub. L. 110–53, § 711(d)(1)(A)(ii), added par. (11). Subsec. (c)(2)(D). Pub. L. 110–53, § 711(d)(1)(B)(i)(I), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: ‘‘The govern- ment of the country certifies that it reports to the United States Government on a timely basis the theft of blank passports issued by that country.’’ Subsec. (c)(2)(E), (F). Pub. L. 110–53, § 711(d)(1)(B)(i)(II), added subpars. (E) and (F). Subsec. (c)(5)(A)(i). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), substituted ‘‘Secretary of Homeland Security’’ for ‘‘At- torney General’’ in introductory provisions. Subsec. (c)(5)(A)(i)(III). Pub. L. 110–53, § 711(d)(1)(B)(ii)(II)(bb)(AA), substituted ‘‘, the Com- mittee on Foreign Affairs, and the Committee on Homeland Security,’’ for ‘‘and the Committee on Inter- national Relations’’ and ‘‘, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs’’ for ‘‘and the Committee on Foreign Relations’’. Subsec. (c)(5)(A)(i)(IV). Pub. L. 110–53, § 711(d)(1)(B)(ii)(II)(aa), (bb)(BB), (cc), added subcl. (IV). Subsec. (c)(5)(A)(ii), (iii), (B)(i), (iii). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ wherever appearing. Subsec. (c)(5)(B)(iv). Pub. L. 110–53, § 711(d)(1)(B)(ii)(III), added cl. (iv). Subsec. (c)(8), (9). Pub. L. 110–53, § 711(c), added pars. (8) and (9). Subsec. (c)(10), (11). Pub. L. 110–53, § 711(d)(1)(B)(iii), added pars. (10) and (11). Subsec. (d). Pub. L. 110–53, § 711(d)(1)(C), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney Gen- eral’’ in first sentence and inserted at end ‘‘The Sec- retary of Homeland Security may not waive any eligi- bility requirement under this section unless the Sec- Page 268 TITLE 8—ALIENS AND NATIONALITY § 1187 retary notifies, with respect to the House of Represent- atives, the Committee on Homeland Security, the Com- mittee on the Judiciary, the Committee on Foreign Af- fairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Se- curity and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.’’ Subsec. (f)(5). Pub. L. 110–53, § 711(d)(1)(D), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney Gen- eral’’ in two places and ‘‘theft or loss of passports’’ for ‘‘theft of blank passports’’. Subsec. (h)(3). Pub. L. 110–53, § 711(d)(1)(E), added par. (3). Subsec. (i). Pub. L. 110–53, § 711(d)(1)(F), added subsec. (i). 2002—Subsec. (c)(2)(D). Pub. L. 107–173, § 307(a)(1), added subpar. (D). Subsec. (c)(5)(A)(i). Pub. L. 107–173, § 307(a)(2), sub- stituted ‘‘2 years’’ for ‘‘5 years’’ in introductory provi- sions. Subsec. (f)(5). Pub. L. 107–173, § 307(a)(3), added par. (5). 2001—Subsec. (a)(3). Pub. L. 107–56, § 417(d), which di- rected the substitution of ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), on or after’’ for ‘‘On or after’’ and the addition of subpar. (B), was executed making the substitution for ‘‘On and after’’ and adding subpar. (B) to reflect the probable intent of Congress. Pub. L. 107–56, § 417(c), substituted ‘‘2003,’’ for ‘‘2007,’’. 2000—Pub. L. 106–396, § 101(a)(1), in section catchline struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (a). Pub. L. 106–396, §§ 101(a)(2)(A), (B), 403(c), struck out ‘‘pilot’’ before ‘‘program’’ in heading and two places in introductory provisions and inserted con- cluding provisions. Subsec. (a)(1). Pub. L. 106–396, § 101(a)(2)(C), sub- stituted ‘‘program’’ for ‘‘pilot program period (as de- fined in subsection (e) of this section)’’. Subsec. (a)(2). Pub. L. 106–396, § 101(a)(2)(D), in head- ing struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (a)(2)(A). Pub. L. 106–396, § 201, inserted ‘‘, either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions,’’ after ‘‘to extend)’’. Subsec. (a)(3), (4). Pub. L. 106–396, § 202(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 106–396, § 403(a), substituted ‘‘, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations which has en- tered into an agreement with the Attorney General pursuant to subsection (e). The Attorney General is au- thorized to require a carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such condi- tions as the Attorney General may deem sufficient to ensure compliance with the indemnification require- ments of this section, as a term of such an agreement’’ for ‘‘which has entered into an agreement with the Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or de- portable by an immigration officer’’. Pub. L. 106–396, § 202(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (a)(6), (7). Pub. L. 106–396, § 202(a)(1), des- ignated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). Subsec. (a)(8). Pub. L. 106–396, § 403(b), inserted ‘‘or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Reg- ulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting oper- ations under part 91 of title 14, Code of Federal Regula- tions’’ after ‘‘regulations’’. Pub. L. 106–396, § 202(a)(1), designated par. (7) as (8). Subsec. (a)(9). Pub. L. 106–396, § 203(a), added par. (9). Subsec. (b). Pub. L. 106–396, § 101(a)(3), struck out ‘‘pilot’’ before ‘‘program’’ in introductory provisions. Subsec. (c). Pub. L. 106–396, § 101(a)(4)(A), in heading struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (c)(1). Pub. L. 106–396, § 101(a)(4)(B), struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (c)(2). Pub. L. 106–396, § 101(a)(4)(C), in intro- ductory provisions, substituted ‘‘subsection (f)’’ for ‘‘subsection (g)’’ and struck out ‘‘pilot’’ before ‘‘pro- gram’’. Subsec. (c)(2)(B). Pub. L. 106–396, § 202(b), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: ‘‘The government of the country certifies that it has or is in the process of developing a program to issue machine-readable pass- ports to its citizens.’’ Subsec. (c)(2)(C). Pub. L. 106–396, § 204(a), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: ‘‘The Attorney Gen- eral determines that the United States law enforce- ment interests would not be compromised by the des- ignation of the country.’’ Subsec. (c)(3). Pub. L. 106–396, § 101(a)(4)(D)(i), struck out ‘‘(within the pilot program period)’’ after ‘‘fiscal year’’ in introductory provisions. Subsec. (c)(3)(A). Pub. L. 106–396, § 101(a)(4)(D)(ii), struck out ‘‘pilot’’ before ‘‘program’’ in two places in introductory provisions. Subsec. (c)(3)(B). Pub. L. 106–396, § 101(a)(4)(D)(iii), struck out ‘‘pilot’’ before ‘‘program’’ in introductory provisions. Subsec. (c)(5). Pub. L. 106–396, § 204(b), added par. (5). Subsec. (c)(6). Pub. L. 106–396, § 206, added par. (6). Subsec. (c)(7). Pub. L. 106–396, § 207, added par. (7). Subsec. (e)(1). Pub. L. 106–396, §§ 101(a)(5)(A), 403(d)(1)(A), in introductory provisions, substituted ‘‘carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title’’ for ‘‘carrier’’ in two places and struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (e)(1)(B). Pub. L. 106–396, § 101(a)(5)(B), struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (e)(1)(D). Pub. L. 106–396, § 205(b), added sub- par. (D). Subsec. (e)(2). Pub. L. 106–396, § 403(d)(1), substituted ‘‘carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title’’ for ‘‘carrier’’ and ‘‘failure by a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title’’ for ‘‘carrier’s failure’’. Subsec. (e)(3). Pub. L. 106–396, § 403(d)(2), added par. (3). Subsec. (f). Pub. L. 106–396, § 101(a)(6), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: ‘‘For purposes of this section, the term ‘pilot program period’ means the period beginning on October 1, 1988, and ending on April 30, 2000.’’ Subsec. (f)(1)(A), (C). Pub. L. 106–396, § 101(a)(7)(A), (B), struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (f)(2) to (4). Pub. L. 106–396, § 101(a)(7)(C)–(E), substituted ‘‘as a program country’’ for ‘‘as a pilot pro- gram country’’ in two places in par. (2)(A) and struck out ‘‘pilot’’ before ‘‘program’’ in pars. (3) and (4)(A). Subsec. (g). Pub. L. 106–396, § 203(b), added subsec. (g). Former subsec. (g) redesignated (f). Subsec. (h). Pub. L. 106–396, § 205(a), added subsec. (h). 1998—Subsec. (c)(2). Pub. L. 105–173, § 3, reenacted heading without change and amended text generally. Prior to amendment, text consisted of introductory provisions and subpars. (A) to (D) relating to low non- immigrant visa refusal rate for previous 2-year period, Page 269 TITLE 8—ALIENS AND NATIONALITY § 1187 low nonimmigrant visa refusal rate for each of 2 pre- vious years, machine readable passport program, and law enforcement interests. Subsec. (f). Pub. L. 105–173, § 1, substituted ‘‘2000’’ for ‘‘1998’’. 1997—Subsec. (f). Pub. L. 105–119 reenacted subsec. heading without change and amended text generally, substituting ‘‘April 30, 1998’’ for ‘‘September 30, 1997’’. 1996—Subsec. (a). Pub. L. 104–208, § 635(a)(1), in intro- ductory provisions, substituted ‘‘Attorney General, in consultation with the Secretary of State’’ for ‘‘Attor- ney General and the Secretary of State, acting joint- ly’’. Subsec. (a)(2)(B). Pub. L. 104–208, § 635(c)(3), struck out ‘‘or is designated as a pilot program country with pro- bationary status under subsection (g) of this section’’ after ‘‘subsection (c)’’. Subsec. (b)(2). Pub. L. 104–208, § 308(e)(9), substituted ‘‘removal of’’ for ‘‘deportation against’’. Subsec. (c)(1). Pub. L. 104–208, § 635(a)(2), substituted ‘‘Attorney General, in consultation with the Secretary of State,’’ for ‘‘Attorney General and the Secretary of State acting jointly’’. Subsec. (c)(3)(A)(i). Pub. L. 104–208, § 308(d)(4)(F), sub- stituted ‘‘denied admission at the time of arrival’’ for ‘‘excluded from admission’’. Subsec. (d). Pub. L. 104–208, § 635(a)(3), substituted ‘‘Attorney General, in consultation with the Secretary of State’’ for ‘‘Attorney General and the Secretary of State, acting jointly’’. Subsec. (f). Pub. L. 104–208, § 635(b), substituted ‘‘1997.’’ for ‘‘1996’’. Subsec. (g). Pub. L. 104–208, § 635(c)(1), amended head- ing and text of subsec. (g) generally. Prior to amend- ment, text provided authority for Attorney General and Secretary of State to designate countries as pilot program countries with probationary status. Subsec. (g)(4)(A)(i). Pub. L. 104–208, § 308(d)(4)(F), sub- stituted ‘‘denied admission at the time of arrival’’ for ‘‘excluded from admission’’. 1994—Subsec. (a)(2)(B). Pub. L. 103–416, § 211(1), in- serted before period at end ‘‘or is designated as a pilot program country with probationary status under sub- section (g) of this section’’. Subsec. (c)(2). Pub. L. 103–416, § 211(3), substituted ‘‘Except as provided in subsection (g)(4) of this section, a country’’ for ‘‘A country’’. Subsec. (f). Pub. L. 103–416, § 210, substituted ‘‘1996’’ for ‘‘1995.’’. Pub. L. 103–415 substituted ‘‘1995’’ for ‘‘1994’’. Subsec. (g). Pub. L. 103–416, § 211(2), added subsec. (g). 1991—Subsec. (a). Pub. L. 102–232, § 307(l)(3), sub- stituted ‘‘paragraph (7)(B)(i)(II)’’ for ‘‘paragraph (26)(B)’’. Subsec. (a)(4). Pub. L. 102–232, § 303(a)(1)(A), in head- ing substituted ‘‘into the United States’’ for ‘‘by sea or air’’. Subsec. (b). Pub. L. 102–232, § 303(a)(1)(B), made tech- nical amendment to heading. Subsec. (e)(1). Pub. L. 102–232, § 303(a)(2), substituted ‘‘subsection (a)(4)’’ for ‘‘subsection (a)(4)(C)’’. 1990—Subsec. (a)(2). Pub. L. 101–649, § 201(a)(1), in- serted ‘‘, and presents a passport issued by,’’ after ‘‘is a national of’’. Subsec. (a)(3). Pub. L. 101–649, § 201(a)(2), in heading substituted reference to immigration forms for ref- erence to entry control and waiver forms, and in text substituted ‘‘completes such immigration form as the Attorney General shall establish’’ for ‘‘— ‘‘(A) completes such immigration form as the At- torney General shall establish under subsection (b)(3) of this section, and ‘‘(B) executes a waiver of review and appeal de- scribed in subsection (b)(4) of this section’’. Subsec. (a)(4). Pub. L. 101–649, § 201(a)(3), added par. (4) and struck out former par. (4) which waived visa re- quirement for certain aliens having round-trip trans- portation tickets. Subsec. (a)(7). Pub. L. 101–649, § 201(a)(4), added par. (7). Subsec. (b). Pub. L. 101–649, § 201(a)(5), redesignated subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out subsec. (b) heading ‘‘Conditions before pilot program can be put into operation’’ and pars. (1) to (3) which related to prior notice to Congress, automated data arrival and departure system, and visa waiver information form, respectively. Subsec. (c)(1). Pub. L. 101–649, § 201(a)(6)(A), sub- stituted in heading, ‘‘In general’’ for ‘‘Up to 8 coun- tries’’ and in text substituted ‘‘any country as a pilot program country if it meets the requirements of para- graph (2)’’ for ‘‘up to eight countries as pilot program countries for purposes of the pilot program’’. Subsec. (c)(2). Pub. L. 101–649, § 201(a)(6)(B), sub- stituted ‘‘Qualifications’’ for ‘‘Initial qualifications’’ in heading and ‘‘A country’’ for ‘‘For the initial period de- scribed in paragraph (4), a country’’ in introductory provisions, and added subpars. (C) and (D). Subsec. (d). Pub. L. 101–649, § 201(a)(7), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 101–649, § 201(a)(7), (8), redesig- nated subsec. (d) as (e) and added subpar. (C) at end of par. (1). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 101–649, § 201(a)(7), (9), redesig- nated subsec. (e) as (f) and substituted ‘‘on October 1, 1988, and ending on September 30, 1994’’ for ‘‘at the end of the 30-day period referred to in subsection (b)(1) of this section and ending on the last day of the third fis- cal year which begins after such 30-day period’’. 1988—Pub. L. 100–525, § 2(p)(1), made technical amend- ment to directory language of Pub. L. 99–603, § 313(a), which enacted this section. Subsec. (a). Pub. L. 100–525, § 2(p)(2), substituted ‘‘hereinafter’’ for ‘‘hereafter’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–53, title VII, § 711(d)(2), Aug. 3, 2007, 121 Stat. 345, provided that: ‘‘Section 217(a)(11) of the Im- migration and Nationality Act [8 U.S.C. 1187(a)(11)], as added by paragraph (1)(A)(ii), shall take effect on the date that is 60 days after the date on which the Sec- retary of Homeland Security publishes notice in the Federal Register of the requirement under such para- graph. [Notice published in Federal Register, Nov. 13, 2008, 73 F.R. 67354.]’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(d)(4)(F), (e)(9) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 303(a)(1), (2) of Pub. L. 102–232 effective as if included in the enactment of the Immi- gration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–649, title II, § 201(d), Nov. 29, 1990, 104 Stat. 5014, provided that: ‘‘The amendments made by this section [amending this section and section 1323 of this title] shall take effect as of the date of the enactment of this Act [Nov. 29, 1990].’’ Page 270 TITLE 8—ALIENS AND NATIONALITY § 1187a EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title. 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. DATE OF SUBMISSION OF FIRST REPORT Pub. L. 114–113, div. O, title II, § 205(b), Dec. 18, 2015, 129 Stat. 2993, provided that: ‘‘The Secretary of Home- land Security shall submit the first report described in subclause (V) of section 217(c)(5)(A)(i) of the Immigra- tion and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a), not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015].’’ MODERNIZING AND STRENGTHENING OF SECURITY OF VISA WAIVER PROGRAM Pub. L. 110–53, title VII, § 711(b), Aug. 3, 2007, 121 Stat. 338, provided that: ‘‘It is the sense of Congress that— ‘‘(1) the United States should modernize and strengthen the security of the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) by simultaneously— ‘‘(A) enhancing program security requirements; and ‘‘(B) extending visa-free travel privileges to na- tionals of foreign countries that are partners in the war on terrorism— ‘‘(i) that are actively cooperating with the United States to prevent terrorist travel, includ- ing sharing counterterrorism and law enforce- ment information; and ‘‘(ii) whose nationals have demonstrated their compliance with the provisions of the Immigra- tion and Nationality Act [8 U.S.C. 1101 et seq.] re- garding the purpose and duration of their admis- sion to the United States; and ‘‘(2) the modernization described in paragraph (1) will— ‘‘(A) enhance bilateral cooperation on critical counterterrorism and information sharing initia- tives; ‘‘(B) support and expand tourism and business op- portunities to enhance long-term economic com- petitiveness; and ‘‘(C) strengthen bilateral relationships.’’ MACHINE READABLE PASSPORTS Pub. L. 107–56, title IV, § 417(a), (b), Oct. 26, 2001, 115 Stat. 355, required the Secretary of State to perform annual audits and submit reports relating to machine readable, counterfeit, and tamper-resistant passports until Sept. 30, 2007. REPORT REQUIRED Pub. L. 106–396, title IV, § 403(e), Oct. 30, 2000, 114 Stat. 1649, provided that: ‘‘Not later than two years after the date of the enactment of this Act [Oct. 30, 2000], the At- torney General shall submit a report to the Commit- tees on the Judiciary of the House of Representatives and the Senate assessing the effectiveness of the pro- gram implemented under the amendments made by this section [amending this section] for simplifying the ad- mission of business travelers from visa waiver program countries and compliance with the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] by such travelers under that program.’’ TRANSITION PROVISIONS Pub. L. 104–208, div. C, title VI, § 635(c)(2), Sept. 30, 1996, 110 Stat. 3009–703, provided that: ‘‘A country des- ignated as a pilot program country with probationary status under section 217(g) of the Immigration and Na- tionality Act [8 U.S.C. 1187(g)] (as in effect on the day before the date of the enactment of this Act [Sept. 30, 1996]) shall be considered to be designated as a pilot program country on and after such date, subject to placement in probationary status or termination of such designation under such section (as amended by paragraph (1)).’’ OPERATION OF AUTOMATED DATA ARRIVAL AND DEPARTURE CONTROL SYSTEM; REPORT TO CONGRESS Pub. L. 101–649, title II, § 201(c), Nov. 29, 1990, 104 Stat. 5014, provided that: ‘‘By not later than January 1, 1992, the Attorney General, in consultation with the Sec- retary of State, shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the operation of the automated data arrival and departure control system for foreign visi- tors and on admission refusals and overstays for such visitors who have entered under the visa waiver pro- gram.’’ REPORT ON VISA WAIVER PILOT PROGRAM Pub. L. 99–603, title IV, § 405, Nov. 6, 1986, 100 Stat. 3442, provided that the Attorney General and the Sec- retary of State would jointly monitor the pilot pro- gram established under this section and report to the Congress not later than two years after the beginning of the program. § 1187a. Provision of assistance to non-program countries The Secretary of Homeland Security, in con- sultation with the Secretary of State, shall pro- vide assistance in a risk-based manner to coun- tries that do not participate in the visa waiver program under section 1187 of this title to assist those countries in— (1) submitting to Interpol information about the theft or loss of passports of citizens or na- tionals of such a country; and (2) issuing, and validating at the ports of entry of such a country, electronic passports that are fraud-resistant, contain relevant bio- graphic and biometric information (as deter- mined by the Secretary of Homeland Secu- rity), and otherwise satisfy internationally ac- cepted standards for electronic passports. (Pub. L. 114–113, div. O, title II, § 208, Dec. 18, 2015, 129 Stat. 2995.) Editorial Notes CODIFICATION Section was enacted as part of the Visa Waiver Pro- gram Improvement and Terrorist Travel Prevention Act of 2015, and also as part of the Consolidated Appro- priations Act, 2016, and not as part of the Immigration and Nationality Act which comprises this chapter. § 1188. Admission of temporary H–2A workers (a) Conditions for approval of H–2A petitions (1) A petition to import an alien as an H–2A worker (as defined in subsection (i)(2)) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that— (A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to per- form the labor or services involved in the peti- tion, and