8 U.S.C. § 1154 — Procedure for granting immigrant status

Page 122 TITLE 8—ALIENS AND NATIONALITY § 1154 (f) Penalty (1) In general Any person who intentionally violates the prohibition on preferential treatment under this section or intentionally violates the re- porting requirements under subsection (c) shall be disciplined in accordance with para- graph (2). (2) Sanctions Not later than 90 days after March 15, 2022, the Secretary of Homeland Security shall es- tablish a graduated set of sanctions based on the severity of the violation referred to in paragraph (1), which may include, in addition to any criminal or civil penalties that may be imposed, written reprimand, suspension, de- motion, or removal. (g) Rule of construction regarding classified in- formation Nothing in this section may be construed to modify any law, regulation, or policy regarding the handling or disclosure of classified informa- tion. (h) Rule of construction regarding private right of action Nothing in this section may be construed to create or authorize a private right of action to challenge a decision of an employee of the De- partment of Homeland Security. (i) Effective date This section, and the amendments made by this section, shall take effect on March 15, 2022. (Pub. L. 117–103, div. BB, § 107, Mar. 15, 2022, 136 Stat. 1105.) Editorial Notes CODIFICATION Section was enacted as part of the EB–5 Reform and Integrity Act of 2022, and also as part of the Consoli- dated Appropriations Act, 2022, and not as part of the Immigration and Nationality Act which comprises this chapter. § 1154. Procedure for granting immigrant status (a) Petitioning procedure (1)(A)(i) Except as provided in clause (viii), any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 1153(a) of this title or to an imme- diate relative status under section 1151(b)(2)(A)(i) of this title may file a petition with the Attorney General for such classifica- tion. (ii) An alien spouse described in the second sentence of section 1151(b)(2)(A)(i) of this title also may file a petition with the Attorney Gen- eral under this subparagraph for classification of the alien (and the alien’s children) under such section. (iii)(I) An alien who is described in subclause (II) may file a petition with the Attorney Gen- eral under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that— (aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and (bb) during the marriage or relationship in- tended by the alien to be legally a marriage, the alien or a child of the alien has been bat- tered or has been the subject of extreme cru- elty perpetrated by the alien’s spouse or in- tended spouse. (II) For purposes of subclause (I), an alien de- scribed in this subclause is an alien— (aa)(AA) who is the spouse of a citizen of the United States; (BB) who believed that he or she had mar- ried a citizen of the United States and with whom a marriage ceremony was actually per- formed and who otherwise meets any applica- ble requirements under this chapter to estab- lish the existence of and bona fides of a mar- riage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States; or (CC) who was a bona fide spouse of a United States citizen within the past 2 years and— (aaa) whose spouse died within the past 2 years; (bbb) whose spouse lost or renounced citi- zenship status within the past 2 years re- lated to an incident of domestic violence; or (ccc) who demonstrates a connection be- tween the legal termination of the marriage within the past 2 years and battering or ex- treme cruelty by the United States citizen spouse; (bb) who is a person of good moral character; (cc) who is eligible to be classified as an im- mediate relative under section 1151(b)(2)(A)(i) of this title or who would have been so classi- fied but for the bigamy of the citizen of the United States that the alien intended to marry; and (dd) who has resided with the alien’s spouse or intended spouse. (iv) An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent who within the past 2 years lost or renounced citizenship status re- lated to an incident of domestic violence, and who is a person of good moral character, who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title, and who resides, or has resided in the past, with the citizen parent may file a petition with the At- torney General under this subparagraph for clas- sification of the alien (and any child of the alien) under such section if the alien dem- onstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s cit- izen parent. For purposes of this clause, resi- dence includes any period of visitation. (v) An alien who— (I) is the spouse, intended spouse, or child living abroad of a citizen who— (aa) is an employee of the United States Government; (bb) is a member of the uniformed services (as defined in section 101(a) of title 10); or (cc) has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and (II) is eligible to file a petition under clause (iii) or (iv), Page 123 TITLE 8—ALIENS AND NATIONALITY § 1154 1 So in original. Probably should be ‘‘(II)’’. shall file such petition with the Attorney Gen- eral under the procedures that apply to self-peti- tioners under clause (iii) or (iv), as applicable. (vi) For the purposes of any petition filed under clause (iii) or (iv), the denaturalization, loss or renunciation of citizenship, death of the abuser, divorce, or changes to the abuser’s citi- zenship status after filing of the petition shall not adversely affect the approval of the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child as an immediate relative or af- fect the alien’s ability to adjust status under subsections (a) and (c) of section 1255 of this title or obtain status as a lawful permanent resident based on the approved self-petition under such clauses. (vii) An alien may file a petition with the Sec- retary of Homeland Security under this subpara- graph for classification of the alien under sec- tion 1151(b)(2)(A)(i) of this title if the alien— (I) is the parent of a citizen of the United States or was a parent of a citizen of the United States who, within the past 2 years, lost or renounced citizenship status related to an incident of domestic violence or died; (II) is a person of good moral character; (III) is eligible to be classified as an imme- diate relative under section 1151(b)(2)(A)(i) of this title; (IV) resides, or has resided, with the citizen daughter or son; and (V) demonstrates that the alien has been battered or subject to extreme cruelty by the citizen daughter or son. (viii)(I) Clause (i) shall not apply to a citizen of the United States who has been convicted of a specified offense against a minor, unless the Secretary of Homeland Security, in the Sec- retary’s sole and unreviewable discretion, deter- mines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed. (II) For purposes of subclause (I), the term ‘‘specified offense against a minor’’ is defined as in section 20911 of title 34. (B)(i)(I) Except as provided in subclause (II), any alien lawfully admitted for permanent resi- dence claiming that an alien is entitled to a classification by reason of the relationship de- scribed in section 1153(a)(2) of this title may file a petition with the Attorney General for such classification. (I) 1 Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent resi- dence who has been convicted of a specified of- fense against a minor (as defined in subpara- graph (A)(viii)(II)), unless the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that such person poses no risk to the alien with respect to whom a petition described in subclause (I) is filed. (ii)(I) An alien who is described in subclause (II) may file a petition with the Attorney Gen- eral under this clause for classification of the alien (and any child of the alien) if such a child has not been classified under clause (iii) of sec- tion 1153(a)(2)(A) of this title and if the alien demonstrates to the Attorney General that— (aa) the marriage or the intent to marry the lawful permanent resident was entered into in good faith by the alien; and (bb) during the marriage or relationship in- tended by the alien to be legally a marriage, the alien or a child of the alien has been bat- tered or has been the subject of extreme cru- elty perpetrated by the alien’s spouse or in- tended spouse. (II) For purposes of subclause (I), an alien de- scribed in this paragraph is an alien— (aa)(AA) who is the spouse of a lawful per- manent resident of the United States; or (BB) who believed that he or she had mar- ried a lawful permanent resident of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such lawful permanent resident of the United States; or (CC) who was a bona fide spouse of a lawful permanent resident within the past 2 years and— (aaa) whose spouse lost status within the past 2 years due to an incident of domestic violence; or (bbb) who demonstrates a connection be- tween the legal termination of the marriage within the past 2 years and battering or ex- treme cruelty by the lawful permanent resi- dent spouse; (bb) who is a person of good moral character; (cc) who is eligible to be classified as a spouse of an alien lawfully admitted for per- manent residence under section 1153(a)(2)(A) of this title or who would have been so classified but for the bigamy of the lawful permanent resident of the United States that the alien in- tended to marry; and (dd) who has resided with the alien’s spouse or intended spouse. (iii) An alien who is the child of an alien law- fully admitted for permanent residence, or who was the child of a lawful permanent resident who within the past 2 years lost lawful perma- nent resident status due to an incident of do- mestic violence, and who is a person of good moral character, who is eligible for classifica- tion under section 1153(a)(2)(A) of this title, and who resides, or has resided in the past, with the alien’s permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanent resident parent. (iv) An alien who— (I) is the spouse, intended spouse, or child living abroad of a lawful permanent resident who— (aa) is an employee of the United States Government; (bb) is a member of the uniformed services (as defined in section 101(a) of title 10); or Page 124 TITLE 8—ALIENS AND NATIONALITY § 1154 (cc) has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and (II) is eligible to file a petition under clause (ii) or (iii), shall file such petition with the Attorney Gen- eral under the procedures that apply to self-peti- tioners under clause (ii) or (iii), as applicable. (v)(I) For the purposes of any petition filed or approved under clause (ii) or (iii), divorce, or the loss of lawful permanent resident status by a spouse or parent after the filing of a petition under that clause shall not adversely affect ap- proval of the petition, and, for an approved peti- tion, shall not affect the alien’s ability to adjust status under subsections (a) and (c) of section 1255 of this title or obtain status as a lawful per- manent resident based on an approved self-peti- tion under clause (ii) or (iii). (II) Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Immi- gration and Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who has been battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of citizenship occurs after di- vorce or termination of parental rights. (C) Notwithstanding section 1101(f) of this title, an act or conviction that is waivable with respect to the petitioner for purposes of a deter- mination of the petitioner’s admissibility under section 1182(a) of this title or deportability under section 1227(a) of this title shall not bar the Attorney General from finding the peti- tioner to be of good moral character under sub- paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act or con- viction was connected to the alien’s having been battered or subjected to extreme cruelty. (D)(i)(I) Any child who attains 21 years of age who has filed a petition under clause (iv) of sub- section (a)(1)(A) or subsection (a)(1)(B)(iii) that was filed or approved before the date on which the child attained 21 years of age shall be con- sidered (if the child has not been admitted or ap- proved for lawful permanent residence by the date the child attained 21 years of age) a peti- tioner for preference status under paragraph (1), (2), or (3) of section 1153(a) of this title, which- ever paragraph is applicable, with the same pri- ority date assigned to the self-petition filed under clause (iv) of subsection (a)(1)(A) or sub- section (a)(1)(B)(iii). No new petition shall be re- quired to be filed. (II) Any individual described in subclause (I) is eligible for deferred action and work authoriza- tion. (III) Any derivative child who attains 21 years of age who is included in a petition described in clause (ii) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been ad- mitted or approved for lawful permanent resi- dence by the date the child attained 21 years of age) a VAWA self-petitioner with the same pri- ority date as that assigned to the petitioner in any petition described in clause (ii). No new pe- tition shall be required to be filed. (IV) Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is eligible for deferred action and work authorization. (ii) The petition referred to in clause (i)(III) is a petition filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the child is included as a derivative beneficiary. (iii) Nothing in the amendments made by the Child Status Protection Act shall be construed to limit or deny any right or benefit provided under this subparagraph. (iv) Any alien who benefits from this subpara- graph may adjust status in accordance with sub- sections (a) and (c) of section 1255 of this title as an alien having an approved petition for classi- fication under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii). (v) For purposes of this paragraph, an indi- vidual who is not less than 21 years of age, who qualified to file a petition under subparagraph (A)(iv) or (B)(iii) as of the day before the date on which the individual attained 21 years of age, and who did not file such a petition before such day, shall be treated as having filed a petition under such subparagraph as of such day if a peti- tion is filed for the status described in such sub- paragraph before the individual attains 25 years of age and the individual shows that the abuse was at least one central reason for the filing delay. Clauses (i) through (iv) of this subpara- graph shall apply to an individual described in this clause in the same manner as an individual filing a petition under subparagraph (A)(iv) or (B)(iii). (E) Any alien desiring to be classified under section 1153(b)(1)(A) of this title, or any person on behalf of such an alien, may file a petition with the Attorney General for such classifica- tion. (F) Any employer desiring and intending to employ within the United States an alien enti- tled to classification under section 1153(b)(1)(B), 1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this title may file a petition with the Attorney General for such classification. (G)(i) Any alien (other than a special immi- grant under section 1101(a)(27)(D) of this title) desiring to be classified under section 1153(b)(4) of this title, or any person on behalf of such an alien, may file a petition with the Attorney General for such classification. (ii) Aliens claiming status as a special immi- grant under section 1101(a)(27)(D) of this title may file a petition only with the Secretary of State and only after notification by the Sec- retary that such status has been recommended and approved pursuant to such section. (H)(i) Any alien seeking classification under section 1153(b)(5) of this title may file a petition for such classification with the Secretary of Homeland Security. An alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 1153(b)(5) of this title shall file for such classi- fication in accordance with section 1153(b)(5)(E) of this title, or before March 15, 2022, in accord- ance with section 1153(b)(5) of this title. An alien petitioning for classification under section Page 125 TITLE 8—ALIENS AND NATIONALITY § 1154 2 So in original. Probably should be ‘‘child’s’’. 1153(b)(5)(E) of this title may file a petition with the Secretary after a regional center has filed an application for approval of an investment under section 1153(b)(5)(F) of this title. (ii) A petitioner described in clause (i) shall establish eligibility at the time he or she files a petition for classification under section 1153(b)(5) of this title. A petitioner who was eli- gible for such classification at the time of such filing shall be deemed eligible for such classi- fication at the time such petition is adjudicated, subject to the approval of the petitioner’s asso- ciated application under section 1153(b)(5)(F) of this title, if applicable. (I)(i) Any alien desiring to be provided an im- migrant visa under section 1153(c) of this title may file a petition at the place and time deter- mined by the Secretary of State by regulation. Only one such petition may be filed by an alien with respect to any petitioning period estab- lished. If more than one petition is submitted all such petitions submitted for such period by the alien shall be voided. (ii)(I) The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be issued under section 1153(c) of this title for the fiscal year beginning after the end of the period. (II) Aliens who qualify, through random selec- tion, for a visa under section 1153(c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected. (III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause. (iii) A petition under this subparagraph shall be in such form as the Secretary of State may by regulation prescribe and shall contain such information and be supported by such documen- tary evidence as the Secretary of State may re- quire. (J) In acting on petitions filed under clause (iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph (B), or in making deter- minations under subparagraphs (C) and (D), the Attorney General shall consider any credible evidence relevant to the petition. The deter- mination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. (K) Upon the approval of a petition as a VAWA self-petitioner, the alien— (i) is eligible for work authorization; and (ii) may be provided an ‘‘employment au- thorized’’ endorsement or appropriate work permit incidental to such approval. (L) Notwithstanding the previous provisions of this paragraph, an individual who was a VAWA petitioner or who had the status of a non- immigrant under subparagraph (T) or (U) of sec- tion 1101(a)(15) of this title may not file a peti- tion for classification under this section or sec- tion 1184 of this title to classify any person who committed the battery or extreme cruelty or trafficking against the individual (or the indi- vidual’s child) which established the individual’s (or individual’s child 2) eligibility as a VAWA pe- titioner or for such nonimmigrant status. (2)(A) The Attorney General may not approve a spousal second preference petition for the clas- sification of the spouse of an alien if the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for per- manent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, un- less— (i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or (ii) the alien establishes to the satisfaction of the Attorney General by clear and con- vincing evidence that the prior marriage (on the basis of which the alien obtained the sta- tus of an alien lawfully admitted for perma- nent residence) was not entered into for the purpose of evading any provision of the immi- gration laws. In this subparagraph, the term ‘‘spousal second preference petition’’ refers to a petition, seeking preference status under section 1153(a)(2) of this title, for an alien as a spouse of an alien law- fully admitted for permanent residence. (B) Subparagraph (A) shall not apply to a peti- tion filed for the classification of the spouse of an alien if the prior marriage of the alien was terminated by the death of his or her spouse. (b) Investigation; consultation; approval; author- ization to grant preference status After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to petitions to accord a status under section 1153(b)(2) or 1153(b)(3) of this title, the Attorney General shall, if he de- termines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is an immediate relative specified in section 1151(b) of this title or is eli- gible for preference under subsection (a) or (b) of section 1153 of this title, approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then au- thorize the consular officer concerned to grant the preference status. (c) Limitation on orphan petitions approved for a single petitioner; prohibition against ap- proval in cases of marriages entered into in order to evade immigration laws; restriction on future entry of aliens involved with mar- riage fraud Notwithstanding the provisions of subsection (b) no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admit- ted for permanent residence, by reason of a mar- riage determined by the Attorney General to have been entered into for the purpose of evad- ing the immigration laws, or (2) the Attorney General has determined that the alien has at- tempted or conspired to enter into a marriage for the purpose of evading the immigration laws. (d) Recommendation of valid home-study (1) Notwithstanding the provisions of sub- sections (a) and (b) no petition may be approved on behalf of a child defined in subparagraph (F) Page 126 TITLE 8—ALIENS AND NATIONALITY § 1154 3 So in original. Probably should be followed by ‘‘to’’. or (G) of section 1101(b)(1) of this title unless a valid home-study has been favorably rec- ommended by an agency of the State of the child’s proposed residence, or by an agency au- thorized by that State to conduct such a study, or, in the case of a child adopted abroad, by an appropriate public or private adoption agency which is licensed in the United States. (2) Notwithstanding the provisions of sub- sections (a) and (b), no petition may be approved on behalf of a child defined in section 1101(b)(1)(G) of this title unless the Secretary of State has certified that the central authority of the child’s country of origin has notified the United States central authority under the con- vention referred to in such section 1101(b)(1)(G) of this title that a United States citizen habit- ually resident in the United States has effected final adoption of the child, or has been granted custody of the child for the purpose of emigra- tion and adoption, in accordance with such con- vention and the Intercountry Adoption Act of 2000 [42 U.S.C. 14901 et seq.]. (e) Subsequent finding of non-entitlement to preference classification Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a peti- tion under this section is approved, to be admit- ted 3 the United States as an immigrant under subsection (a), (b), or (c) of section 1153 of this title or as an immediate relative under section 1151(b) of this title if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification. (f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982 (1) Any alien claiming to be an alien described in paragraph (2)(A) of this subsection (or any person on behalf of such an alien) may file a pe- tition with the Attorney General for classifica- tion under section 1151(b), 1153(a)(1), or 1153(a)(3) of this title, as appropriate. After an investiga- tion of the facts of each case the Attorney Gen- eral shall, if the conditions described in para- graph (2) are met, approve the petition and for- ward one copy to the Secretary of State. (2) The Attorney General may approve a peti- tion for an alien under paragraph (1) if— (A) he has reason to believe that the alien (i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982, and (ii) was fathered by a United States citizen; (B) he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4); and (C) in the case of an alien under eighteen years of age, (i) the alien’s placement with a sponsor in the United States has been ar- ranged by an appropriate public, private, or State child welfare agency licensed in the United States and actively involved in the intercountry placement of children and (ii) the alien’s mother or guardian has in writing ir- revocably released the alien for emigration. (3) In considering petitions filed under para- graph (1), the Attorney General shall— (A) consult with appropriate governmental officials and officials of private voluntary or- ganizations in the country of the alien’s birth in order to make the determinations described in subparagraphs (A) and (C)(ii) of paragraph (2); and (B) consider the physical appearance of the alien and any evidence provided by the peti- tioner, including birth and baptismal certifi- cates, local civil records, photographs of, and letters or proof of financial support from, a putative father who is a citizen of the United States, and the testimony of witnesses, to the extent it is relevant or probative. (4)(A) A guarantee of legal custody and finan- cial responsibility for an alien described in para- graph (2) must— (i) be signed in the presence of an immigra- tion officer or consular officer by an indi- vidual (hereinafter in this paragraph referred to as the ‘‘sponsor’’) who is twenty-one years of age or older, is of good moral character, and is a citizen of the United States or alien law- fully admitted for permanent residence, and (ii) provide that the sponsor agrees (I) in the case of an alien under eighteen years of age, to assume legal custody for the alien after the alien’s departure to the United States and until the alien becomes eighteen years of age, in accordance with the laws of the State where the alien and the sponsor will reside, and (II) to furnish, during the five-year period begin- ning on the date of the alien’s acquiring the status of an alien lawfully admitted for per- manent residence, or during the period begin- ning on the date of the alien’s acquiring the status of an alien lawfully admitted for per- manent residence and ending on the date on which the alien becomes twenty-one years of age, whichever period is longer, such financial support as is necessary to maintain the family in the United States of which the alien is a member at a level equal to at least 125 per cen- tum of the current official poverty line (as es- tablished by the Director of the Office of Man- agement and Budget, under section 9902(2) of title 42 and as revised by the Secretary of Health and Human Services under the second and third sentences of such section) for a fam- ily of the same size as the size of the alien’s family. (B) A guarantee of legal custody and financial responsibility described in subparagraph (A) may be enforced with respect to an alien against his sponsor in a civil suit brought by the Attor- ney General in the United States district court for the district in which the sponsor resides, ex- cept that a sponsor or his estate shall not be lia- ble under such a guarantee if the sponsor dies or is adjudicated a bankrupt under title 11. (g) Restriction on petitions based on marriages entered while in exclusion or deportation proceedings Notwithstanding subsection (a), except as pro- vided in section 1255(e)(3) of this title, a petition may not be approved to grant an alien imme- diate relative status or preference status by rea- son of a marriage which was entered into during the period described in section 1255(e)(2) of this Page 127 TITLE 8—ALIENS AND NATIONALITY § 1154 4 See References in Text note below. title, until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage. (h) Survival of rights to petition The legal termination of a marriage may not be the sole basis for revocation under section 1155 of this title of a petition filed under sub- section (a)(1)(A)(iii) or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(I). Remar- riage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an alien described in clause (iv) or (vi) of subsection (a)(1)(A) or in subsection (a)(1)(B)(iii) shall not be the basis for revocation of a petition approval under section 1155 of this title. (i) Professional athletes (1) In general A petition under subsection (a)(4)(D) 4 for classification of a professional athlete shall remain valid for the athlete after the athlete changes employers, if the new employer is a team in the same sport as the team which was the employer who filed the petition. (2) ‘‘Professional athlete’’ defined For purposes of paragraph (1), the term ‘‘pro- fessional athlete’’ means an individual who is employed as an athlete by— (A) a team that is a member of an associa- tion of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association gov- erns the conduct of its members and regu- lates the contests and exhibitions in which its member teams regularly engage; or (B) any minor league team that is affili- ated with such an association. (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence A petition under subsection (a)(1)(D) 4 for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or em- ployers if the new job is in the same or a similar occupational classification as the job for which the petition was filed. (k) Procedures for unmarried sons and daugh- ters of citizens (1) In general Except as provided in paragraph (2), in the case of a petition under this section initially filed for an alien unmarried son or daughter’s classification as a family-sponsored immi- grant under section 1153(a)(2)(B) of this title, based on a parent of the son or daughter being an alien lawfully admitted for permanent resi- dence, if such parent subsequently becomes a naturalized citizen of the United States, such petition shall be converted to a petition to classify the unmarried son or daughter as a family-sponsored immigrant under section 1153(a)(1) of this title. (2) Exception Paragraph (1) does not apply if the son or daughter files with the Attorney General a written statement that he or she elects not to have such conversion occur (or if it has oc- curred, to have such conversion revoked). Where such an election has been made, any de- termination with respect to the son or daugh- ter’s eligibility for admission as a family- sponsored immigrant shall be made as if such naturalization had not taken place. (3) Priority date Regardless of whether a petition is con- verted under this subsection or not, if an un- married son or daughter described in this sub- section was assigned a priority date with re- spect to such petition before such naturaliza- tion, he or she may maintain that priority date. (4) Clarification This subsection shall apply to a petition if it is properly filed, regardless of whether it was approved or not before such naturalization. (l) Surviving relative consideration for certain petitions and applications (1) In general An alien described in paragraph (2) who re- sided in the United States at the time of the death of the qualifying relative and who con- tinues to reside in the United States shall have such petition described in paragraph (2), or an application for adjustment of status to that of a person admitted for lawful perma- nent residence based upon the family relation- ship described in paragraph (2), and any re- lated applications, adjudicated notwith- standing the death of the qualifying relative, unless the Secretary of Homeland Security de- termines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest. (2) Alien described An alien described in this paragraph is an alien who, immediately prior to the death of his or her qualifying relative, was— (A) the beneficiary of a pending or ap- proved petition for classification as an im- mediate relative (as described in section 1151(b)(2)(A)(i) of this title); (B) the beneficiary of a pending or ap- proved petition for classification under sec- tion 1153(a) or (d) of this title; (C) a derivative beneficiary of a pending or approved petition for classification under section 1153(b) of this title (as described in section 1153(d) of this title); (D) the beneficiary of a pending or ap- proved refugee/asylee relative petition under section 1157 or 1158 of this title; (E) an alien admitted in ‘‘T’’ non- immigrant status as described in section 1101(a)(15)(T)(ii) of this title or in ‘‘U’’ non- immigrant status as described in section 1101(a)(15)(U)(ii) of this title; (F) a child of an alien who filed a pending or approved petition for classification or ap- plication for adjustment of status or other benefit specified in section 1101(a)(51) of this title as a VAWA self-petitioner; or Page 128 TITLE 8—ALIENS AND NATIONALITY § 1154 (G) an asylee (as described in section 1158(b)(3) of this title). (June 27, 1952, ch. 477, title II, ch. 1, § 204, 66 Stat. 179; Pub. L. 87–885, § 3, Oct. 24, 1962, 76 Stat. 1247; Pub. L. 89–236, § 4, Oct. 3, 1965, 79 Stat. 915; Pub. L. 94–571, § 7(b), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 95–417, §§ 2, 3, Oct. 5, 1978, 92 Stat. 917; Pub. L. 96–470, title II, § 207, Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97–116, §§ 3, 18(d), Dec. 29, 1981, 95 Stat. 1611, 1620; Pub. L. 97–359, Oct. 22, 1982, 96 Stat. 1716; Pub. L. 99–639, §§ 2(c), 4(a), 5(b), Nov. 10, 1986, 100 Stat. 3541, 3543; Pub. L. 100–525, § 9(g), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 101–649, title I, § 162(b), title VII, § 702(b), Nov. 29, 1990, 104 Stat. 5010, 5086; Pub. L. 102–232, title III, §§ 302(e)(4), (5), 308(b), 309(b)(5), Dec. 12, 1991, 105 Stat. 1745, 1746, 1757, 1758; Pub. L. 103–322, title IV, § 40701(a), (b)(1), (c), Sept. 13, 1994, 108 Stat. 1953, 1954; Pub. L. 103–416, title II, § 219(b)(2), Oct. 25, 1994, 108 Stat. 4316; Pub. L. 104–208, div. C, title III, § 308(e)(1)(A), (f)(2)(A), title VI, § 624(b), Sept. 30, 1996, 110 Stat. 3009–619, 3009–621, 3009–699; Pub. L. 106–279, title III, § 302(b), Oct. 6, 2000, 114 Stat. 839; Pub. L. 106–313, title I, § 106(c)(1), Oct. 17, 2000, 114 Stat. 1254; Pub. L. 106–386, div. B, title V, §§ 1503(b)–(d), 1507(a)(1), (2), (b), Oct. 28, 2000, 114 Stat. 1518–1521, 1529, 1530; Pub. L. 107–208, §§ 6, 7, Aug. 6, 2002, 116 Stat. 929; Pub. L. 109–162, title VIII, §§ 805(a),(c), 814(b),(e), 816, Jan. 5, 2006, 119 Stat. 3056, 3059, 3060; Pub. L. 109–248, title IV, § 402(a), July 27, 2006, 120 Stat. 622; Pub. L. 109–271, § 6(a), Aug. 12, 2006, 120 Stat. 762; Pub. L. 111–83, title V, § 568(d)(1), Oct. 28, 2009, 123 Stat. 2187; Pub. L. 113–4, title VIII, § 803, Mar. 7, 2013, 127 Stat. 111; Pub. L. 113–6, div. D, title V, § 563, Mar. 26, 2013, 127 Stat. 380; Pub. L. 117–103, div. BB, § 105(a), Mar. 15, 2022, 136 Stat. 1103.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1)(A)(iii)(II)(aa)(BB), (B)(ii)(II)(aa)(BB), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. The Child Status Protection Act, referred to in sub- sec. (a)(1)(D)(iii), is Pub. L. 107–208, Aug. 6, 2002, 116 Stat. 927, which amended this section and sections 1151, 1153, 1157, and 1158 of this title and enacted provisions set out as notes under sections 1101 and 1151 of this title. For complete classification of this Act to the Code, see Short Title of 2002 Amendments note set out under section 1101 of this title and Tables. The Intercountry Adoption Act of 2000, referred to in subsec. (d)(2), is Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, which is classified principally to chapter 143 (§ 14901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of Title 42 and Tables. Subsection (a)(4)(D) and subsection (a)(1)(D), referred to in subsecs. (i)(1) and (j), probably should refer to sub- sec. (a)(1)(F) of this section. The reference to subsec. (a)(4)(D) probably should have been to subsec. ‘‘(a)(1)(D)’’, as no par. (4) of subsec. (a) has been en- acted. Subsec. (a)(1)(D) of this section was redesignated subsec. (a)(1)(F) by Pub. L. 106–386, § 1503(d)(1). See 2000 Amendment note below. AMENDMENTS 2022—Subsec. (a)(1)(H). Pub. L. 117–103 amended sub- par. (H) generally. Prior to amendment, subpar. (H) read as follows: ‘‘Any alien desiring to be classified under section 1153(b)(5) of this title may file a petition with the Attorney General for such classification.’’ 2013—Subsec. (a)(1)(I)(iv). Pub. L. 113–6 temporarily added cl. (iv). Text read as follows: ‘‘Each petition to compete for consideration for a visa under section 1153(c) of this title shall be accompanied by a fee equal to $30. All amounts collected under this clause shall be deposited into the Treasury as miscellaneous receipts.’’ See Effective and Termination Dates of 2013 Amend- ment note below. Subsec. (l)(2)(F), (G). Pub. L. 113–4 added subpar. (F) and redesignated former subpar. (F) as (G). 2009—Subsec. (l). Pub. L. 111–83 added subsec. (l). 2006—Subsec. (a)(1)(A)(i). Pub. L. 109–248, § 402(a)(1), substituted ‘‘Except as provided in clause (viii), any’’ for ‘‘Any’’. Subsec. (a)(1)(A)(vii). Pub. L. 109–162, § 816, added cl. (vii). Subsec. (a)(1)(A)(viii). Pub. L. 109–248, § 402(a)(2), added cl. (viii). Subsec. (a)(1)(B)(i). Pub. L. 109–248, § 402(a)(3), redesig- nated cl. (i) as first subcl. (I), substituted ‘‘Except as provided in subclause (II), any alien’’ for ‘‘Any alien’’, and added a second subcl. (I). Subsec. (a)(1)(D)(v). Pub. L. 109–271, which directed in- sertion of ‘‘or (B)(iii)’’ after ‘‘(A)(iv)’’, was executed by making the insertion after ‘‘(A)(iv)’’ both places it ap- peared, to reflect the probable intent of Congress. Pub. L. 109–162, § 805(c)(1), added cl. (v). Subsec. (a)(1)(D)(i)(I). Pub. L. 109–162, § 805(a)(1)(A), inserted ‘‘or subsection (a)(1)(B)(iii)’’ after ‘‘subsection (a)(1)(A)’’ in two places. Subsec. (a)(1)(D)(i)(III). Pub. L. 109–162, § 805(a)(1)(B), substituted ‘‘a VAWA self-petitioner’’ for ‘‘a petitioner for preference status under paragraph (1), (2), or (3) of section 1153(a) of this title, whichever paragraph is ap- plicable,’’. Subsec. (a)(1)(D)(iv). Pub. L. 109–162, § 805(a)(2), added cl. (iv). Subsec. (a)(1)(K). Pub. L. 109–162, § 814(b), added sub- par. (K). Subsec. (a)(1)(L). Pub. L. 109–162, § 814(e), added sub- par. (L). 2002—Subsec. (a)(1)(D)(iii). Pub. L. 107–208, § 7, added cl. (iii). Subsec. (k). Pub. L. 107–208, § 6, added subsec. (k). 2000—Subsec. (a)(1)(A)(iii). Pub. L. 106–386, § 1503(b)(1)(A), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: ‘‘An alien who is the spouse of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title, and who has resided in the United States with the alien’s spouse may file a peti- tion with the Attorney General under this subpara- graph for classification of the alien (and any child of the alien if such a child has not been classified under clause (iv)) under such section if the alien dem- onstrates to the Attorney General that— ‘‘(I) the alien is residing in the United States, the marriage between the alien and the spouse was en- tered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or has been the subject of extreme cru- elty perpetrated by the alien’s spouse; and ‘‘(II) the alien is a person whose removal, in the opinion of the Attorney General, would result in ex- treme hardship to the alien or a child of the alien.’’ Subsec. (a)(1)(A)(iv). Pub. L. 106–386, § 1503(b)(2), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: ‘‘An alien who is the child of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an imme- diate relative under section 1151(b)(2)(A)(i) of this title, and who has resided in the United States with the cit- Page 129 TITLE 8—ALIENS AND NATIONALITY § 1154 izen parent may file a petition with the Attorney Gen- eral under this subparagraph for classification of the alien under such section if the alien demonstrates to the Attorney General that— ‘‘(I) the alien is residing in the United States and during the period of residence with the citizen parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen parent; and ‘‘(II) the alien is a person whose removal, in the opinion of the Attorney General, would result in ex- treme hardship to the alien.’’ Subsec. (a)(1)(A)(v). Pub. L. 106–386, § 1503(b)(3), added cl. (v). Subsec. (a)(1)(A)(vi). Pub. L. 106–386, § 1507(a)(1), added cl. (vi). Subsec. (a)(1)(B)(ii). Pub. L. 106–386, § 1503(c)(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘An alien who is the spouse of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for clas- sification under section 1153(a)(2)(A) of this title, and who has resided in the United States with the alien’s legal permanent resident spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien if such a child has not been classified under clause (iii)) under such section if the alien demonstrates to the At- torney General that the conditions described in sub- clauses (I) and (II) of subparagraph (A)(iii) are met with respect to the alien.’’ Subsec. (a)(1)(B)(iii). Pub. L. 106–386, § 1503(c)(2), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: ‘‘An alien who is the child of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title, and who has resided in the United States with the alien’s permanent resident alien parent may file a peti- tion with the Attorney General under this subpara- graph for classification of the alien under such section if the alien demonstrates to the Attorney General that— ‘‘(I) the alien is residing in the United States and during the period of residence with the permanent resident parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanent resident parent; and ‘‘(II) the alien is a person whose removal, in the opinion of the Attorney General, would result in ex- treme hardship to the alien.’’ Subsec. (a)(1)(B)(iv). Pub. L. 106–386, § 1503(c)(3), added cl. (iv). Subsec. (a)(1)(B)(v). Pub. L. 106–386, § 1507(a)(2), added cl. (v). Subsec. (a)(1)(C) to (I). Pub. L. 106–386, § 1503(d)(1), (2), added subpars. (C) and (D) and redesignated former sub- pars. (C) to (G) as (E) to (I), respectively. Former sub- par. (H) redesignated (J). Subsec. (a)(1)(J). Pub. L. 106–386, § 1503(d)(1), (3), redes- ignated subpar. (H) as (J) and inserted ‘‘or in making determinations under subparagraphs (C) and (D),’’ after ‘‘subparagraph (B),’’. Subsec. (d). Pub. L. 106–279 designated existing provi- sions as par. (1), substituted ‘‘subparagraph (F) or (G) of section 1101(b)(1)’’ for ‘‘section 1101(b)(1)(F)’’, and added par. (2). Subsec. (h). Pub. L. 106–386, § 1507(b), inserted at end ‘‘Remarriage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or mar- riage of an alien described in clause (iv) or (vi) of sub- section (a)(1)(A) or in subsection (a)(1)(B)(iii) shall not be the basis for revocation of a petition approval under section 1155 of this title.’’ Subsec. (j). Pub. L. 106–313 added subsec. (j). 1996—Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II). Pub. L. 104–208, § 308(e)(1)(A), substituted ‘‘removal’’ for ‘‘de- portation’’. Subsec. (e). Pub. L. 104–208, § 308(f)(2)(A), substituted ‘‘be admitted’’ for ‘‘enter’’. Subsec. (i). Pub. L. 104–208, § 624(b), added subsec. (i). 1994—Subsec. (a)(1). Pub. L. 103–322, § 40701(a), in sub- par. (A), designated first sentence as cl. (i) and second sentence as cl. (ii) and added cls. (iii) and (iv), in sub- par. (B), designated existing provisions as cl. (i) and added cls. (ii) and (iii), and added subpar. (H). Subsec. (a)(1)(A). Pub. L. 103–416 in second sentence inserted ‘‘spouse’’ after ‘‘alien’’ and ‘‘of the alien (and the alien’s children)’’ after ‘‘for classification’’. Subsec. (a)(2). Pub. L. 103–322, § 40701(b)(1), in subpar. (A), substituted ‘‘for the classification of the spouse of an alien if the alien,’’ for ‘‘filed by an alien who,’’ in in- troductory provisions and in subpar. (B), substituted ‘‘for the classification of the spouse of an alien if the prior marriage of the alien’’ for ‘‘by an alien whose prior marriage’’. Subsec. (h). Pub. L. 103–322, § 40701(c), added subsec. (h). 1991—Subsec. (a)(1)(A). Pub. L. 102–232, § 302(e)(4)(A), inserted sentence at end authorizing filing of petitions by aliens described in second sentence of section 1151(b)(2)(A)(i) of this title. Subsec. (a)(1)(F). Pub. L. 102–232, § 302(e)(4)(B), sub- stituted ‘‘Attorney General’’ for ‘‘Secretary of State’’. Subsec. (a)(1)(G)(iii). Pub. L. 102–232, § 302(e)(4)(C), struck out ‘‘or registration’’ after ‘‘petition’’. Subsec. (e). Pub. L. 102–232, § 302(e)(5), substituted ‘‘as an immigrant’’ for ‘‘as a immigrant’’. Subsec. (f)(4)(A)(ii)(II). Pub. L. 102–232, § 309(b)(5), sub- stituted ‘‘the second and third sentences of such sec- tion’’ for ‘‘section 9847 of title 42’’. Subsec. (g). Pub. L. 102–232, § 308(b), made technical correction to directory language of Pub. L. 101–649, § 702(b). See 1990 Amendment note below. 1990—Subsec. (a)(1). Pub. L. 101–649, § 162(b)(1), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘Any citizen of the United States claiming that an alien is entitled to a preference status by reason of a relationship described in paragraph (1), (4), or (5) of section 1153(a) of this title, or to an immediate relative status under section 1151(b) of this title, or any alien lawfully admitted for permanent residence claiming that an alien is entitled to a preference status by rea- son of the relationship described in section 1153(a)(2) of this title, or any alien desiring to be classified as a preference immigrant under section 1153(a)(3) of this title (or any person on behalf of such an alien), or any person desiring and intending to employ within the United States an alien entitled to classification as a preference immigrant under section 1153(a)(6) of this title, may file a petition with the Attorney General for such classification. The petition shall be in such form as the Attorney General may by regulations prescribe and shall contain such information and be supported by such documentary evidence as the Attorney General may require. The petition shall be made under oath ad- ministered by any individual having authority to ad- minister oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer or an immigration officer.’’ Subsec. (b). Pub. L. 101–649, § 162(b)(2), substituted ref- erence to section 1153(b)(2) or 1153(b)(3) of this title for reference to section 1153(a)(3) or (6) of this title, and reference to preference under section 1153(a) or (b) of this title for reference to a preference status under sec- tion 1153(a) of this title. Subsec. (e). Pub. L. 101–649, § 162(b)(3), substituted ‘‘immigrant under subsection (a), (b), or (c) of section 1153 of this title’’ for ‘‘preference immigrant under sec- tion 1153(a) of this title’’. Subsec. (f). Pub. L. 101–649, § 162(b)(5), (6), redesig- nated subsec. (g) as (f) and struck out former subsec. (f) which related to applicability of provisions to qualified immigrants specified in section 1152(e) of this title. Subsec. (f)(1). Pub. L. 101–649, § 162(b)(4), substituted reference to section 1153(a)(3) of this title for reference to section 1153(a)(4) of this title. Subsec. (g). Pub. L. 101–649, § 702(b), as amended by Pub. L. 102–232, § 308(b), inserted ‘‘except as provided in section 1255(e)(3) of this title,’’ after ‘‘Notwithstanding subsection (a),’’. Page 130 TITLE 8—ALIENS AND NATIONALITY § 1154 Pub. L. 101–649, § 162(b)(6), redesignated subsec. (h) as (g). Former subsec. (g) redesignated as (f). Subsec. (h). Pub. L. 101–649, § 162(b)(6), redesignated subsec. (h) as (g). 1988—Subsec. (c). Pub. L. 100–525, § 9(g)(1), substituted ‘‘an immediate relative’’ for ‘‘a nonquota’’. Subsec. (g)(3)(A). Pub. L. 100–525, § 9(g)(2), substituted ‘‘(C)(ii) of paragraph (2)’’ for ‘‘(C)(i) of paragraph 2’’. 1986—Subsec. (a). Pub. L. 99–639, § 2(c), designated ex- isting provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 99–639, § 4(a), inserted ‘‘(1)’’ after ‘‘if’’ and ‘‘, or has sought to be accorded,’’ and added cl. (2). Subsec. (h). Pub. L. 99–639, § 5(b), added subsec. (h). 1982—Subsec. (g). Pub. L. 97–359 added subsec. (g). 1981—Subsec. (a). Pub. L. 97–116, § 18(d), substituted ‘‘of a relationship described in paragraph’’ for ‘‘of the relationships described in paragraphs’’. Subsec. (d). Pub. L. 97–116, § 3, redesignated subsec. (e) as (d). Former subsec. (d), directing that the Attorney General forward to the Congress a Statistical summary of petitions for immigrant status approved by him under section 1153(a)(3) or 1153(a)(6) of this title and that the reports be submitted to Congress on the first and fifteenth day of each calendar month in which Con- gress was in session, was struck out. Subsecs. (e), (f). Pub. L. 97–116, § 3, redesignated as subsec. (e) the subsec. (f) relating to subsequent finding of non-entitlement. See 1978 Amendment note below. Former subsec. (e) redesignated (d). 1980—Subsec. (d). Pub. L. 96–470 substituted provision requiring the Attorney General to forward to Congress a statistical summary of approved petitions for profes- sional or occupational preferences for provision requir- ing the Attorney General to forward to Congress a re- port on each petition approved for professional or occu- pational preference stating the basis for his approval and the facts pertinent in establishing qualifications for preferential status. 1978—Subsec. (c). Pub. L. 95–417, § 2, struck out ‘‘no more than two petitions may be approved for one peti- tioner on behalf of a child as defined in section 1101(b)(1)(E) or 1101(b)(1)(F) of this title unless nec- essary to prevent the separation of brothers and sisters and’’ after ‘‘subsection (b)’’. Subsecs. (e), (f). Pub. L. 95–417, § 3, added subsec. (e) and redesignated former subsec. (e), relating to subse- quent finding of non-entitlement, as subsec. (f) without regard to existing subsec. (f), relating to provisions ap- plicable to qualified immigrants, added by Pub. L. 94–571. 1976—Subsec. (f). Pub. L. 94–571 added subsec. (f). 1965—Subsec. (a). Pub. L. 89–236 substituted provi- sions spelling out the statutory grounds for filing a pe- tition for preference status and prescribing the author- ity of the Attorney General to require documentary evidence in support and the form of the petition, for provisions prohibiting consular officers from granting preference status before being authorized to do so in cases of applications based on membership in the min- istry of a religious denomination or high education, technical training, or specialized experience which would be substantially beneficial to the United States. Subsec. (b). Pub. L. 89–236 substituted provisions au- thorizing investigation of petitions by the Attorney General, consultation with the Secretary of Labor, and authorization to consular officers, for provisions speci- fying the form of application for preference status on the basis of membership in the ministry of a religious denomination or high education, technical training, or specialized experience which would be substantially beneficial to the United States and the circumstances making an application appropriate. Subsec. (c). Pub. L. 89–236 substituted provisions lim- iting the number of orphan petitions which may be ap- proved for one petitioner and prohibiting approval of any petition of an alien whose prior marriage was de- termined by the Attorney General to have been entered into for the purpose of evading the immigration laws, for provisions which related to investigation of facts by the Attorney General and submission of reports to Con- gress covering the granting of preferential status. Subsec. (d). Pub. L. 89–236 substituted provisions re- quiring the Attorney General to submit reports to Con- gress on each approved petition for professional or oc- cupational preference, for provisions prohibiting a stat- utory construction of the section which would entitle an immigrant to preferential classification if, upon ar- rival at the port of entry, he was found not to be enti- tled to such classification. Subsec. (e). Pub. L. 89–236 added subsec. (e). 1962—Subsec. (c). Pub. L. 87–885 provided for submis- sion of reports to Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–103, div. BB, § 105(b), Mar. 15, 2022, 136 Stat. 1103, provided that: ‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending this section] shall take effect on the date of the enactment of this Act [Mar. 15, 2022]. ‘‘(2) APPLICABILITY TO PETITIONS.—Section 204(a)(1)(H)(i) of the Immigration and Nationality Act [8 U.S.C. 1154(a)(1)(H)(i)], as added by subsection (a), shall apply to any petition for classification pursuant to section 203(b)(5)(E) of such Act (8 U.S.C. 1153(b)(5)(E)) that is filed with the Secretary of Homeland Security on or after the date of the enactment of this Act.’’ EFFECTIVE AND TERMINATION DATES OF 2013 AMENDMENT Pub. L. 113–6, div. D, title V, § 563, Mar. 26, 2013, 127 Stat. 380, provided in part that the amendment made by section 563 of Pub. L. 113—6 is effective during the period beginning on Oct. 1, 2013, and ending on Sept. 30, 2014. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–208 effective Aug. 6, 2002, and applicable to certain beneficiary aliens, see section 8 of Pub. L. 107–208, set out as a note under section 1151 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–279 effective Apr. 1, 2008, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(e)(1)(A), (f)(2)(A) 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 1994 AMENDMENTS Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. Amendment by Pub. L. 103–322 effective Jan. 1, 1995, see section 40701(d) of Pub. L. 103–322, set out as a note under section 1151 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by sections 302(e)(4), (5) and 308(b) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see sec- tion 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 162(b) of Pub. L. 101–649 effec- tive Nov. 29, 1990, but only insofar as section 162(b) re- lates to visas for fiscal years beginning with fiscal year 1992, with general transition provisions, see section Page 131 TITLE 8—ALIENS AND NATIONALITY § 1155 161(b), (c) of Pub. L. 101–649, set out as a note under sec- tion 1101 of this title. Pub. L. 101–649, title VII, § 702(c), Nov. 29, 1990, 104 Stat. 5086, provided that: ‘‘The amendments made by this section [amending sections 1154 and 1255 of this title] shall apply to marriages entered into before, on, or after the date of the enactment of this Act [Nov. 29, 1990].’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–639, § 4(b), Nov. 10, 1986, 100 Stat. 3543, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to petitions filed on or after the date of the enactment of this Act [Nov. 10, 1986].’’ Pub. L. 99–639, § 5(c), Nov. 10, 1986, 100 Stat. 3543, pro- vided that: ‘‘The amendments made by this section [amending this section and section 1255 of this title] shall apply to marriages entered into on or after the date of the enactment of this Act [Nov. 10, 1986].’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title. CONSTRUCTION OF 2009 AMENDMENT Pub. L. 111–83, title V, § 568(d)(2), Oct. 28, 2009, 123 Stat. 2187, provided that: ‘‘Nothing in the amendment made by paragraph (1) [amending this section] may be construed to limit or waive any ground of removal, basis for denial of petition or application, or other cri- teria for adjudicating petitions or applications as oth- erwise provided under the immigration laws of the United States other than ineligibility based solely on the lack of a qualifying family relationship as specifi- cally provided by such amendment.’’ 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. ALIEN SHEEPHERDERS Act Sept. 3, 1954, ch. 1254, §§ 1–3, 68 Stat. 1145, provided for the importation of skilled alien sheepherders upon approval by the Attorney General, certification to the Secretary of State by the Attorney General of names and addresses of sheepherders whose applications for importation were approved, and issuance of not more than 385 special nonquota immigrant visas. Provisions of said act expired on Sept. 3, 1955, by terms of section 1 thereof. § 1155. Revocation of approval of petitions; effec- tive date The Secretary of Homeland Security may, at any time, for what he deems to be good and suf- ficient cause, revoke the approval of any peti- tion approved by him under section 1154 of this title. Such revocation shall be effective as of the date of approval of any such petition. (June 27, 1952, ch. 477, title II, ch. 1, § 205, 66 Stat. 180; Pub. L. 86–363, § 5(a), (b), Sept. 22, 1959, 73 Stat. 644, 645; Pub. L. 87–301, §§ 3, 10, Sept. 26, 1961, 75 Stat. 650, 654; Pub. L. 89–236, § 5, Oct. 3, 1965, 79 Stat. 916; Pub. L. 104–208, div. C, title III, § 308(g)(3)(A), Sept. 30, 1996, 110 Stat. 3009–622; Pub. L. 108–458, title V, § 5304(c), Dec. 17, 2004, 118 Stat. 3736.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–458 substituted ‘‘Secretary of Home- land Security’’ for ‘‘Attorney General’’ and struck out at end ‘‘In no case, however, shall such revocation have effect unless there is mailed to the petitioner’s last known address a notice of the revocation and unless no- tice of the revocation is communicated through the Secretary of State to the beneficiary of the petition be- fore such beneficiary commences his journey to the United States. If notice of revocation is not so given, and the beneficiary applies for admission to the United States, his admissibility shall be determined in the manner provided for by sections 1225 and 1229a of this title.’’ 1996—Pub. L. 104–208 substituted ‘‘1229a’’ for ‘‘1226’’. 1965—Pub. L. 89–236 struck out entire section which had set out, in subsecs. (a) to (d), the procedure for granting nonquota status or preference by reason of re- lationship and inserted in its place, with minor changes, provisions formerly contained in section 1156 of this title authorizing the Attorney General to re- voke his approval of petitions for good and sufficient cause. 1961—Subsec. (b). Pub. L. 87–301, § 3(a), provided that no petition for quota immigration status or a pref- erence shall be approved if the beneficiary is an alien defined in section 1101(b)(1)(F) of this title, established requirements to be met by petitioners before a petition for nonquota immigrant status for a child as defined in section 1101(b)(1)(F) can be approved by the Attorney General, and authorized the administration of oaths by immigration officers when the petition is executed out- side the United States. Subsec. (c). Pub. L. 87–301, §§ 3(b), 10, substituted ‘‘sec- tion 1101(b)(1)(E) or (F)’’ for ‘‘section 1101(b)(1)(E)’’, and provided that no petition shall be approved if the alien had previously been accorded a nonquota status under section 1101(a)(27)(A) of this title or a preference quota status under section 1153(a)(3) of this title, by reason of marriage entered into to evade the immigration laws. 1959—Subsec. (b). Pub. L. 86–363, § 5(a), authorized fil- ing of petitions by any United States citizen claiming that an immigrant is his unmarried son or unmarried daughter, by any alien lawfully admitted for perma- nent residence claiming that an immigrant is his un- married son or unmarried daughter instead of child, or by any United States citizen claiming that an immi- grant is his married son or married daughter instead of son or daughter, and prohibited approval of petition for quota immigrant status or preference of alien without proof of parent relationship of the petitioner to such alien. Subsec. (c). Pub. L. 86–363, § 5(b), limited approval to two petitions for one petitioner in behalf of a child as defined in section 1101(b)(1)(E) of this title unless nec- essary to prevent separation of brothers and sisters. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–458, title V, § 5304(d), Dec. 17, 2004, 118 Stat. 3736, provided that: ‘‘The amendments made by this section [amending this section and sections 1201 and 1227 of this title] shall take effect on the date of en- actment of this Act [Dec. 17, 2004] and shall apply to revocations under sections 205 and 221(i) of the Immi- gration and Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such date.’’