8 U.S.C. § 1189 — Designation of foreign terrorist organiza-

Page 274 TITLE 8—ALIENS AND NATIONALITY § 1189 1999—Subsec. (c)(1). Pub. L. 106–78, § 748(1), substituted ‘‘45 days’’ for ‘‘60 days’’. Subsec. (c)(3)(A). Pub. L. 106–78, § 748(2), substituted ‘‘30 days’’ for ‘‘20 days’’ in introductory provisions. 1994—Subsec. (i)(1). Pub. L. 103–416 made technical correction to directory language of Pub. L. 102–232, § 309(b)(8). See 1991 Amendment note below. 1991—Subsec. (g)(3). Pub. L. 102–232, § 307(l)(4), sub- stituted ‘‘section 1182(a)(5)(A)(i)’’ for ‘‘section 1182(a)(14)’’. Subsec. (i)(1). Pub. L. 102–232, § 309(b)(8), as amended by Pub. L. 103–416, substituted ‘‘1324a(h)(3)’’ for ‘‘1324a(h)’’. 1988—Pub. L. 100–525, § 2(l)(2)(A), made technical amendment to directory language of Pub. L. 99–603, § 301(c), which enacted this section. Subsec. (c)(4). Pub. L. 100–525, § 2(l)(3), substituted ‘‘accommodations’’ for ‘‘accomodations’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(8) of that section is effective as if included in the Miscellaneous and Technical Immigration and Natu- ralization Amendments of 1991, Pub. L. 102–232. EFFECTIVE DATE OF 1991 AMENDMENT 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 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. EFFECTIVE DATE; REGULATIONS Pub. L. 99–603, title III, § 301(d), (e), Nov. 6, 1986, 100 Stat. 3416, as amended by Pub. L. 100–525, § 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that: ‘‘(d) EFFECTIVE DATE.—The amendments made by this section [enacting this section and amending sections 1101 and 1184] apply to petitions and applications filed under sections 214(c) and 218 of the Immigration and Nationality Act [8 U.S.C. 1184(c), 1188] on or after the first day of the seventh month beginning after the date of the enactment of this Act [Nov. 6, 1986] (hereinafter in this section referred to as the ‘effective date’). ‘‘(e) REGULATIONS.—The Attorney General, in con- sultation with the Secretary of Labor and the Sec- retary of Agriculture, shall approve all regulations to be issued implementing sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(ii)(a), 1188]. Notwithstanding any other provision of law, final regulations to implement such sections shall first be issued, on an interim or other basis, not later than the effective date.’’ 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. SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO Pub. L. 99–603, title III, § 301(f), Nov. 6, 1986, 100 Stat. 3416, as amended by Pub. L. 100–525, § 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that: ‘‘It is the sense of Congress that the President should establish an advi- sory commission which shall consult with the Govern- ments of Mexico and of other appropriate countries and advise the Attorney General regarding the operation of the alien temporary worker program established under section 218 of the Immigration and Nationality Act [8 U.S.C. 1188].’’ REPORTS ON H–2A PROGRAM Pub. L. 99–603, title IV, § 403, Nov. 6, 1986, 100 Stat. 3441, provided that: ‘‘(a) PRESIDENTIAL REPORTS.—The President shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives reports on the implementation of the temporary agricultural worker (H–2A) program, which shall include— ‘‘(1) the number of foreign workers permitted to be employed under the program in each year; ‘‘(2) the compliance of employers and foreign work- ers with the terms and conditions of the program; ‘‘(3) the impact of the program on the labor needs of the United States agricultural employers and on the wages and working conditions of United States agricultural workers; and ‘‘(4) recommendations for modifications of the pro- gram, including— ‘‘(A) improving the timeliness of decisions regard- ing admission of temporary foreign workers under the program, ‘‘(B) removing any economic disincentives to hir- ing United States citizens or permanent resident aliens for jobs for which temporary foreign workers have been requested, ‘‘(C) improving cooperation among government agencies, employers, employer associations, work- ers, unions, and other worker associations to end the dependence of any industry on a constant sup- ply of temporary foreign workers, and ‘‘(D) the relative benefits to domestic workers and burdens upon employers of a policy which re- quires employers, as a condition for certification under the program, to continue to accept qualified United States workers for employment after the date the H–2A workers depart for work with the em- ployer. The recommendations under subparagraph (D) shall be made in furtherance of the Congressional policy that aliens not be admitted under the H–2A program unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or services needed and that the employment of the alien in such labor or services will not adversely af- fect the wages and working conditions of workers in the United States similarly employed. ‘‘(b) DEADLINES.—A report on the H–2A temporary worker program under subsection (a) shall be sub- mitted not later than two years after the date of the enactment of this Act [Nov. 6, 1986], and every two years thereafter.’’ [Functions of President under section 403 of Pub. L. 99–603 delegated to Secretary of Labor by section 2(b) of Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, set out as a note under section 1364 of this title.] § 1189. Designation of foreign terrorist organiza- tions (a) Designation (1) In general The Secretary is authorized to designate an organization as a foreign terrorist organiza- tion in accordance with this subsection if the Secretary finds that— (A) the organization is a foreign organiza- tion; (B) the organization engages in terrorist activity (as defined in section 1182(a)(3)(B) of this title or terrorism (as defined in section 2656f(d)(2) of title 22), or retains the capa- Page 275 TITLE 8—ALIENS AND NATIONALITY § 1189 1 So in original. The closing parenthesis probably should follow ‘‘section 1182(a)(3)(B) of this title’’. bility and intent to engage in terrorist ac- tivity or terrorism) 1; and (C) the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national se- curity of the United States. (2) Procedure (A) Notice (i) To congressional leaders Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tem- pore, Majority Leader, and Minority Lead- er of the Senate, and the members of the relevant committees of the House of Rep- resentatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with re- spect to that organization, and the factual basis therefor. (ii) Publication in Federal Register The Secretary shall publish the designa- tion in the Federal Register seven days after providing the notification under clause (i). (B) Effect of designation (i) For purposes of section 2339B of title 18, a designation under this subsection shall take effect upon publication under subpara- graph (A)(ii). (ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation. (C) Freezing of assets Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notifi- cation to block all financial transactions in- volving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court. (3) Record (A) In general In making a designation under this sub- section, the Secretary shall create an ad- ministrative record. (B) Classified information The Secretary may consider classified in- formation in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such infor- mation may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). (4) Period of designation (A) In general A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursu- ant to subsection (c). (B) Review of designation upon petition (i) In general The Secretary shall review the designa- tion of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii). (ii) Petition period For purposes of clause (i)— (I) if the designated organization has not previously filed a petition for rev- ocation under this subparagraph, the pe- tition period begins 2 years after the date on which the designation was made; or (II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition pe- riod begins 2 years after the date of the determination made under clause (iv) on that petition. (iii) Procedures Any foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant cir- cumstances described in paragraph (1) are sufficiently different from the cir- cumstances that were the basis for the des- ignation such that a revocation with re- spect to the organization is warranted. (iv) Determination (I) In general Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation. (II) Classified information The Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be sub- ject to disclosure for such time as it re- mains classified, except that such infor- mation may be disclosed to a court ex parte and in camera for purposes of judi- cial review under subsection (c). (III) Publication of determination A determination made by the Sec- retary under this clause shall be pub- lished in the Federal Register. (IV) Procedures Any revocation by the Secretary shall be made in accordance with paragraph (6). (C) Other review of designation (i) In general If in a 5-year period no review has taken place under subparagraph (B), the Sec- retary shall review the designation of the foreign terrorist organization in order to Page 276 TITLE 8—ALIENS AND NATIONALITY § 1189 2 So in original. The comma probably should be a semicolon. determine whether such designation should be revoked pursuant to paragraph (6). (ii) Procedures If a review does not take place pursuant to subparagraph (B) in response to a peti- tion for revocation that is filed in accord- ance with that subparagraph, then the re- view shall be conducted pursuant to proce- dures established by the Secretary. The re- sults of such review and the applicable procedures shall not be reviewable in any court. (iii) Publication of results of review The Secretary shall publish any deter- mination made pursuant to this subpara- graph in the Federal Register. (5) Revocation by Act of Congress The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). (6) Revocation based on change in cir- cumstances (A) In general The Secretary may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subpara- graphs (B) and (C) of paragraph (4) if the Secretary finds that— (i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or (ii) the national security of the United States warrants a revocation. (B) Procedure The procedural requirements of para- graphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the rev- ocation or upon publication in the Federal Register if no effective date is specified. (7) Effect of revocation The revocation of a designation under para- graph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation. (8) Use of designation in trial or hearing If a designation under this subsection has become effective under paragraph (2)(B) a de- fendant in a criminal action or an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing. (b) Amendments to a designation (1) In general The Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then recon- stituted itself under a different name or names, or merged with another organization. (2) Procedure Amendments made to a designation in ac- cordance with paragraph (1) shall be effective upon publication in the Federal Register. Sub- paragraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation. (3) Administrative record The administrative record shall be corrected to include the amendments as well as any ad- ditional relevant information that supports those amendments. (4) Classified information The Secretary may consider classified infor- mation in amending a designation in accord- ance with this subsection. Classified informa- tion shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial re- view under subsection (c). (c) Judicial review of designation (1) In general Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the des- ignated organization may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. (2) Basis of review Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended des- ignation, or determination in response to a pe- tition for revocation. (3) Scope of review The Court shall hold unlawful and set aside a designation, amended designation, or deter- mination in response to a petition for revoca- tion the court finds to be— (A) arbitrary, capricious, an abuse of dis- cretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, au- thority, or limitation, or short of statutory right; (D) lacking substantial support in the ad- ministrative record taken as a whole or in classified information submitted to the court under paragraph (2),2 or (E) not in accord with the procedures re- quired by law. (4) Judicial review invoked The pendency of an action for judicial re- view of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation. Page 277 TITLE 8—ALIENS AND NATIONALITY § 1189 (d) Definitions As used in this section— (1) the term ‘‘classified information’’ has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); (2) the term ‘‘national security’’ means the national defense, foreign relations, or eco- nomic interests of the United States; (3) the term ‘‘relevant committees’’ means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and (4) the term ‘‘Secretary’’ means the Sec- retary of State, in consultation with the Sec- retary of the Treasury and the Attorney Gen- eral. (June 27, 1952, ch. 477, title II, ch. 2, § 219, as added Pub. L. 104–132, title III, § 302(a), Apr. 24, 1996, 110 Stat. 1248; amended Pub. L. 104–208, div. C, title III, § 356, title VI, § 671(c)(1), Sept. 30, 1996, 110 Stat. 3009–644, 3009–722; Pub. L. 107–56, title IV, § 411(c), Oct. 26, 2001, 115 Stat. 349; Pub. L. 108–458, title VII, § 7119(a)–(c), Dec. 17, 2004, 118 Stat. 3801, 3802.) Editorial Notes REFERENCES IN TEXT Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (d)(1), is section 1(a) of Pub. L. 96–456, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure. CODIFICATION Another section 411(c) of Pub. L. 107–56 enacted provi- sions set out as an Effective Date of 2001 Amendment note under section 1182 of this title. AMENDMENTS 2004—Subsec. (a)(3)(B). Pub. L. 108–458, § 7119(c)(1)(A), substituted ‘‘subsection (c)’’ for ‘‘subsection (b)’’. Subsec. (a)(4)(A). Pub. L. 108–458, § 7119(a)(1), sub- stituted ‘‘A designation’’ for ‘‘Subject to paragraphs (5) and (6), a designation’’ and ‘‘until revoked under para- graph (5) or (6) or set aside pursuant to subsection (c)’’ for ‘‘for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B)’’. Subsec. (a)(4)(B). Pub. L. 108–458, § 7119(a)(2), added subpar. (B) and struck out former subpar. (B) which contained provisions authorizing Secretary to redesig- nate a foreign organization as a foreign terrorist orga- nization for an additional 2-year period at the end of the 2-year period referred to in subpar. (A) or at the end of any 2-year redesignation period. Subsec. (a)(4)(C). Pub. L. 108–458, § 7119(a)(3), added subpar. (C). Subsec. (a)(6)(A). Pub. L. 108–458, § 7119(c)(1)(B)(i), sub- stituted ‘‘at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4)’’ for ‘‘or a redesignation made under paragraph (4)(B)’’ in intro- ductory provisions. Subsec. (a)(6)(A)(i). Pub. L. 108–458, § 7119(c)(1)(B)(ii), struck out ‘‘or redesignation’’ after ‘‘the designation’’. Subsec. (a)(7). Pub. L. 108–458, § 7119(c)(1)(C), struck out ‘‘, or the revocation of a redesignation under para- graph (6),’’ before ‘‘shall not affect’’. Subsec. (a)(8). Pub. L. 108–458, § 7119(c)(1)(D), struck out ‘‘, or if a redesignation under this subsection has become effective under paragraph (4)(B),’’ before ‘‘a de- fendant in a criminal action’’ and ‘‘or redesignation’’ after ‘‘such designation’’. Subsec. (b). Pub. L. 108–458, § 7119(b)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 108–458, § 7119(b)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (c)(1). Pub. L. 108–458, § 7119(c)(2)(A), sub- stituted ‘‘in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review’’ for ‘‘of the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation’’. Subsec. (c)(2) to (4). Pub. L. 108–458, § 7119(c)(2)(B)–(D), inserted ‘‘, amended designation, or determination in response to a petition for revocation’’ after ‘‘designa- tion’’ wherever appearing. Subsec. (d). Pub. L. 108–458, § 7119(b)(1), redesignated subsec. (c) as (d). 2001—Subsec. (a)(1)(B). Pub. L. 107–56, § 411(c)(1), in- serted ‘‘or terrorism (as defined in section 2656f(d)(2) of title 22), or retains the capability and intent to engage in terrorist activity or terrorism’’ after ‘‘section 1182(a)(3)(B) of this title’’. Subsec. (a)(1)(C). Pub. L. 107–56, § 411(c)(2), inserted ‘‘or terrorism’’ after ‘‘the terrorist activity’’. Subsec. (a)(2)(A). Pub. L. 107–56, § 411(c)(3), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘Seven days before making a designation under this subsection, the Secretary shall, by classified communication— ‘‘(i) notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees, in writ- ing, of the intent to designate a foreign organization under this subsection, together with the findings made under paragraph (1) with respect to that organi- zation, and the factual basis therefor; and ‘‘(ii) seven days after such notification, publish the designation in the Federal Register.’’ Subsec. (a)(2)(B)(i). Pub. L. 107–56, § 411(c)(4), sub- stituted ‘‘subparagraph (A)(ii)’’ for ‘‘subparagraph (A)’’. Subsec. (a)(2)(C). Pub. L. 107–56, § 411(c)(5), substituted ‘‘paragraph (2)(A)(i)’’ for ‘‘paragraph (2)’’. Subsec. (a)(3)(B). Pub. L. 107–56, § 411(c)(6), substituted ‘‘subsection (b)’’ for ‘‘subsection (c)’’. Subsec. (a)(4)(B). Pub. L. 107–56, § 411(c)(7), inserted after first sentence ‘‘The Secretary also may redesig- nate such organization at the end of any 2-year redesig- nation period (but not sooner than 60 days prior to the termination of such period) for an additional 2-year pe- riod upon a finding that the relevant circumstances de- scribed in paragraph (1) still exist. Any redesignation shall be effective immediately following the end of the prior 2-year designation or redesignation period unless a different effective date is provided in such redesigna- tion.’’ Subsec. (a)(6)(A). Pub. L. 107–56, § 411(c)(8)(A), inserted ‘‘or a redesignation made under paragraph (4)(B)’’ after ‘‘paragraph (1)’’ in introductory provisions. Subsec. (a)(6)(A)(i). Pub. L. 107–56, § 411(c)(8)(B), in- serted ‘‘or redesignation’’ after ‘‘basis for the designa- tion’’ and struck out ‘‘of the designation’’ before semi- colon. Subsec. (a)(6)(A)(ii). Pub. L. 107–56, § 411(c)(8)(C), struck out ‘‘of the designation’’ before period at end. Subsec. (a)(6)(B). Pub. L. 107–56, § 411(c)(9), substituted ‘‘and (3)’’ for ‘‘through (4)’’ and inserted ‘‘Any revoca- tion shall take effect on the date specified in the rev- ocation or upon publication in the Federal Register if no effective date is specified.’’ at end. Subsec. (a)(7). Pub. L. 107–56, § 411(c)(10), inserted ‘‘, or the revocation of a redesignation under paragraph (6),’’ after ‘‘paragraph (5) or (6)’’. Subsec. (a)(8). Pub. L. 107–56, § 411(c)(11), substituted ‘‘paragraph (2)(B), or if a redesignation under this sub- section has become effective under paragraph (4)(B)’’ for ‘‘paragraph (1)(B)’’ and inserted ‘‘or an alien in a re- moval proceeding’’ after ‘‘criminal action’’ and ‘‘or re- designation’’ before ‘‘as a defense’’. Page 278 TITLE 8—ALIENS AND NATIONALITY § 1201 1996—Pub. L. 104–208, § 671(c)(1), made technical amendment to section catchline. Subsec. (b)(3)(D), (E). Pub. L. 104–208, § 356, added sub- pars. (D) and (E). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–56 effective Oct. 26, 2001, and applicable to actions taken by an alien before, on, or after Oct. 26, 2001, and to all aliens, regardless of date of entry or attempted entry into the United States, in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date) or seeking admission to the United States on or after such date, with special rules and exceptions, see section 411(c) of Pub. L. 107–56, set out as a note under section 1182 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 356 of Pub. L. 104–208 effective as if included in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104–132, see section 358 of Pub. L. 104–208, set out as a note under section 1182 of this title. Pub. L. 104–208, div. C, title VI, § 671(c)(7), Sept. 30, 1996, 110 Stat. 3009–723, provided that: ‘‘The amend- ments made by this subsection [amending this section and sections 1105a and 1252a of this title] shall take ef- fect as if included in the enactment of subtitle A of title IV of AEPDA [AEDPA, Pub. L. 104–132].’’ 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. SAVINGS PROVISION Pub. L. 108–458, title VII, § 7119(d), Dec. 17, 2004, 118 Stat. 3803, provided that: ‘‘For purposes of applying sec- tion 219 of the Immigration and Nationality Act [8 U.S.C. 1189] on or after the date of enactment of this Act [Dec. 17, 2004], the term ‘designation’, as used in that section, includes all redesignations made pursuant to section 219(a)(4)(B) of the Immigration and Nation- ality Act (8 U.S.C. 1189(a)(4)(B)) prior to the date of en- actment of this Act, and such redesignations shall con- tinue to be effective until revoked as provided in para- graph (5) or (6) of section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).’’ PART III—ISSUANCE OF ENTRY DOCUMENTS § 1201. Issuance of visas (a) Immigrants; nonimmigrants (1) Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a con- sular officer may issue (A) to an immigrant who has made proper application therefor, an immigrant visa which shall consist of the application provided for in section 1202 of this title, visaed by such con- sular officer, and shall specify the foreign state, if any, to which the immigrant is charged, the immigrant’s particular status under such foreign state, the preference, im- mediate relative, or special immigrant classi- fication to which the alien is charged, the date on which the validity of the visa shall expire, and such additional information as may be re- quired; and (B) to a nonimmigrant who has made proper application therefor, a nonimmigrant visa, which shall specify the classification under section 1101(a)(15) of this title of the non- immigrant, the period during which the non- immigrant visa shall be valid, and such addi- tional information as may be required. (2) The Secretary of State shall provide to the Service an electronic version of the visa file of each alien who has been issued a visa to ensure that the data in that visa file is available to im- migration inspectors at the United States ports of entry before the arrival of the alien at such a port of entry. (b) Registration; photographs; waiver of require- ment Each alien who applies for a visa shall be reg- istered in connection with his application, and shall furnish copies of his photograph signed by him for such use as may be by regulations re- quired. The requirements of this subsection may be waived in the discretion of the Secretary of State in the case of any alien who is within that class of nonimmigrants enumerated in sections 1101(a)(15)(A), and 1101(a)(15)(G) of this title, or in the case of any alien who is granted a diplo- matic visa on a diplomatic passport or on the equivalent thereof. (c) Period of validity; renewal or replacement (1) Immigrant visas An immigrant visa shall be valid for such pe- riod, not exceeding six months, as shall be by regulations prescribed, except that any visa issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employ- ment, or business. (2) Nonimmigrant visas A nonimmigrant visa shall be valid for such periods as shall be by regulations prescribed. In prescribing the period of validity of a non- immigrant visa in the case of nationals of any foreign country who are eligible for such visas, the Secretary of State shall, insofar as prac- ticable, accord to such nationals the same treatment upon a reciprocal basis as such for- eign country accords to nationals of the United States who are within a similar class; except that in the case of aliens who are na- tionals of a foreign country and who either are granted refugee status and firmly resettled in another foreign country or are granted perma- nent residence and residing in another foreign country, the Secretary of State may prescribe the period of validity of such a visa based upon the treatment granted by that other foreign country to alien refugees and permanent resi- dents, respectively, in the United States. (3) Visa replacement An immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an im-