MISCELLANEOUS AND TECHNICAL IMMIGRATION AND NATURALIZATION AMENDMENTS OF 1991
Public Law 102–232, as amended
105 Stat. 1733, as amended
MISCELLANEOUS AND TECHNICAL IMMIGRATION AND NATURALIZATION AMENDMENTS OF 1991
232
104–208
115–141
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20210527.1
2021-10-15
Miscellaneous and Technical Immigration and Naturalization Amendments of 1991
Judicial Naturalization Ceremonies Amendments of 1991
O and P Nonimmigrant Amendments of 1991
1381
102
1991-12-12
MISCELLANEOUS AND TECHNICAL IMMIGRATION AND NATURALIZATION AMENDMENTS OF 1991
[References to ImmAct'90 are to the Immigration Act of 1990, P.L. 101–649, as amended by the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, Oct. 25, 1994)]
[(
Public Law 102–232
,
Dec. 12, 1991
,
105 Stat. 1733
)]
[As Amended Through P.L. 104–208, Enacted September 30, 1996]
[Currency: This publication is a compilation of the text of Public Law 102–232. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
[As Amended Through P.L. 115–141, Enacted March 23, 2018]
[Currency: This publication is a compilation of the text of Public Law 94–302. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.
(a)
[8 U.S.C. 1101 note]

Short Title.—
This Act may be cited as the “Miscellaneous and Technical Immigration and Naturalization Amendments of 1991”.
(b)

Table of Contents.—
The table of contents of this Act is as follows:
Sec. 1.
Short title; table of contents.
TITLE I—
JUDICIAL NATURALIZATION CEREMONIES AMENDMENTS
Sec. 101.
Short title of title.
Sec. 102.
Court authority to administer oaths of allegiance for naturalization.
TITLE II—
O AND P NONIMMIGRANT AMENDMENTS
Sec. 201.
Short title of title.
Sec. 202.
Repeal of numerical limitations on P–1 and P–3 nonimmigrants; GAO report.
Sec. 203.
Standards for classification of P–1 nonimmigrants.
Sec. 204.
Consultation requirement.
Sec. 205.
Amendments relating to O nonimmigrants.
Sec. 206.
Amendments relating to P nonimmigrants.
Sec. 207.
Other amendments.
Sec. 208.
Effective date.
TITLE III—
MISCELLANEOUS AND TECHNICAL CORRECTIONS
Sec. 301.
Short title of title; reference to the Immigration and Nationality Act.
Sec. 302.
Corrections relating to title I of the Immigration Act of 1990.
Sec. 303.
Corrections relating to title II of the Immigration Act of 1990.
Sec. 304.
Corrections relating to title III of the Immigration Act of 1990.
Sec. 305.
Corrections relating to title IV of the Immigration Act of 1990.
Sec. 306.
Corrections relating to title V of the Immigration Act of 1990.
Sec. 307.
Corrections relating to title VI of the Immigration Act of 1990.
Sec. 308.
Corrections relating to title VII of the Immigration Act of 1990.
Sec. 309.
Additional miscellaneous corrections.
Sec. 310.
Effective dates.
TITLE I—

JUDICIAL NATURALIZATION CEREMONIES AMENDMENTS
SEC. 101.
[8 U.S.C. 1101 note]

SHORT TITLE OF TITLE.
This title may be cited as the “Judicial Naturalization Ceremonies Amendments of 1991”.
SEC. 102.

COURT AUTHORITY TO ADMINISTER OATHS OF ALLEGIANCE FOR NATURALIZATION.
(a)
[Omitted; amended §310(b) in its entirety.]
(b)
[Omitted; conforming amendments to §§339(a) & 337(c) and added §334(f).]
(c)

Effective Date.—
The amendments made by this title shall take effect 30 days after the date of the enactment of this Act
[viz., January 11, 1992.]
TITLE II—

0 AND P NONIMMIGRANT AMENDMENTS
SEC. 201.
[8 U.S.C. 1101 note]

SHORT TITLE OF TITLE.
This title may be cited as the “O and P Nonimmigrant Amendments of 1991”.
SEC. 202.

REPEAL OF NUMERICAL LIMITATIONS ON P–1 AND P–3 NONIMMIGRANTS; GAO REPORT.
(a)
[Omitted; struck subparagraph (C) of §214(g)(1).]
(b)

Report.—
(1)
By not later than October 1, 1994, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the Senate and of the House of Representatives a report containing information relating to the admission of artists, entertainers, athletes, and related support personnel as nonimmigrants under subparagraphs (O) and (P) of section 101(a)(15) of the Immigration and Nationality Act, and information on the laws, regulations, and practices in effect in other countries that affect United States citizens and permanent resident aliens in the arts, entertainment, and athletics, in order to evaluate the impact of such admissions, laws, regulations, and practices on such citizens and aliens.
(2)
Not later than 30 days after the date the Committee of the Judiciary on the Senate receives the report under paragraph (1), the Chairman of the Committee shall make the report available to interested parties and shall hold a hearing respecting the report. No later than 90 days after the date of receipt of the report, such Committee shall report to the Senate its findings and any legislation it deems appropriate.
SEC. 203.

STANDARDS FOR CLASSIFICATION OF P–1 NONIMMIGRANTS.
(a)

Substitution of New Standards.—
[Omitted; amended clause (i) of §101(a)(15)(P) in its entirety.]
(b)

New Standards.—
[Omitted; redesignated subparagraphs (A) through (C) as subparagraphs (C) through (E) and by inserted new subparagraphs (A) and (B) of §214(c)(4).]
SEC. 204.

CONSULTATION REQUIREMENT.
[Omitted; amended paragraphs (3)(A), (3)(B), (4)(C), (4)(C) of §214(c), and redesignated paragraph (6) as (7) and inserted a new paragraph (6) to that section.]
SEC. 205.

AMENDMENTS RELATING TO O NONIMMIGRANTS.
(a)

Definition of Extraordinary Ability in the Arts for O Nonimmigrants.—
[Omitted; added a paragraph (46) to §101(a).]
(b)

Eliminating Additional Paperwork Requirement for O–1's.—
[Omitted; amended §101(a)(15)(O)(i).]
(c)

Clarification of Significant Photography for O–2s.—
[Omitted; amended §101(a)(15)(O)(ii)(III)(b).]
(d)

Clarification of Multiple Events for Visas for O Nonimmigrants.—
[Omitted; amended §214(a)(2)(A).]
(e)

Consultation with Respect to Readmitted O–1 Nonimmigrants.—
[Omitted; amended §214(c)(3) by adding 2 sentences at the end.]
SEC. 206.

AMENDMENTS RELATING TO P NONIMMIGRANTS.
(a)

Eliminating 3-Month Out-of-Country Rule for P–2 and P–3 Nonimmigrants.—
[Omitted; struck clause (ii) of §214(a)(2)(B).]
(b)

Treatment of Foreign Organizations for P–2 Nonimmigrants.—
[Omitted; amended §101(a)(15)(P)(ii)(II).]
(c)

Treatment of P–2 Nonimmigrants.—
[Omitted; amended §§101(a)(15)(P)(ii)(II) & 214(c)(4)(E).]
(d)

Performance of Teaching and Coaching Functions by P–3 Nonimmigrants.—
[Omitted; amended §101(a)(15)(P)(iii)(II).]
SEC. 207.

OTHER AMENDMENTS.
(a)

Return Transportation Requirement for O and P Nonimmigrants.—
[Omitted; amended §214(c)(5) by adding a new subparagraph (B).]
(b)

Entry of Fashion Models under H–1B.—
[Omitted; amended §101(a)(15)(H)(i)(b).]
(c)

Annual Report.—
(1)

In general.—
[Omitted; added paragraph (8) to §214(c).]
(2)
[8 U.S.C. 1184 note]

Deadline for first report.—
The first report under section 214(c)(8) of the Immigration and Nationality Act shall be provided not later than April 1, 1993.
SEC. 208.
[8 U.S.C. 1101 note]

EFFECTIVE DATE.
The provisions of, and amendments made by, this title shall take effect on April 1, 1992.
TITLE III—

MISCELLANEOUS AND TECHNICAL CORRECTIONS
SEC. 301.

SHORT TITLE OF TITLE; REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
(a)
[8 U.S.C. 1101 note]
This title may be cited as the “Immigration Technical Corrections Act of 1991”.
(b)
In this title, the term “INA” means the Immigration and Nationality Act.
SEC. 302.

CORRECTIONS RELATING TO TITLE I OF THE IMMIGRATION ACT OF 1990.
(a)
(1)
[Omitted; amended §201 of the INA, as amended by §101(a) of ImmAct'90.]
(2)
[Omitted; added a new subsection (c) to §101 of ImmAct'90.]
(3)
[Omitted; amended §202(a)(4)(A) of the INA, as amended by §102(1) of ImmAct'90.]
(b)
(1)
[Omitted; amended §112 of ImmAct'90.]
(2)
[Omitted; amended §203(b) of the INA, as inserted by §121(a) of ImmAct'90.]
(3)
[Omitted; amended §216A of the INA, as inserted by §121(b)(1) of ImmAct'90.]
(4)
[Omitted; amended §121(b)(2) of ImmAct'90.]
(5)
[Omitted; amended §124(a) of ImmAct'90.]
(6)
[Omitted; amended §132 of ImmAct'90.]
(7)
[Omitted; amended §134(a) of ImmAct'90.]
(c)
[Omitted; amended §141 of ImmAct'90 and conformed table of contents.]
(d)
(1)
[Omitted; amended §152(b)(1)(A) of ImmAct'90.]
(2)
[Omitted; amended §245 of the INA by adding a new subsection (h).]
(3)
[Omitted; amended §241(h) of the INA, as amended by §153(b) of ImmAct'90.]
(4)
[Omitted; amended §154 of ImmAct'90.]
(5)
[Omitted; amended §155 of ImmAct'90.]
(e)
(1)
[Omitted; amended §161(a) of ImmAct'90.]
(2)
[Omitted; amended §161(c)(1) of ImmAct'90, including adding sentences at the end.]
(3)
[Omitted; amended §203(f) of the INA, as inserted by §162(a) of ImmAct'90.]
(4)
[Omitted; amended §204(a)(1) of the INA, as amended by §162(b) of ImmAct'90.]
(5)
[Omitted; amended §204(e) of the INA, as amended by §162(b)(3) of ImmAct'90.]
(6)
[Omitted; repealed paragraph (1) of §162(e) of ImmAct'90 and restored previous provisions of law.]
(7)
[Omitted; amended §245(b) of the INA, as amended by §162(e)(3) of ImmAct'90.]
(8)
[Omitted; added additional technical corrections as if included in §162(e) of ImmAct'90.]
(9)
[Omitted; amended §212(m)(2)(A), effective as if included in the Immigration Nursing Relief Act of 1989, a new sentence after clause (vi).]
(10)
[Omitted; amended §2(b) of the Immigration Nursing Relief Act of 1989.]
SEC. 303.

CORRECTIONS RELATING TO TITLE II OF THE IMMIGRATION ACT OF 1990.
(a)
(1)
[Omitted; amended §217 of the INA, as amended by §201(a) of ImmAct'90.]
(2)
[Omitted; amended §217(e)(1) of the INA.]
(3)
[Omitted; amended §251(d) of the INA, as inserted by §203(b)(2) of ImmAct'90.]
(4)
[Omitted; amended §258(c)(2)(B) of the INA, as inserted by §203(a)(1) of ImmAct'90.]
(5)
[Omitted; amended §101(a)(15)(H)(i)(b) of the INA, as amended by §205(c)(1) of ImmAct'90, and also rewrote paragraph (2) of §212(j).]
(6)
[Omitted; amended §212(n)(1)(A)(ii) of the INA, as added by §205(c)(3) of ImmAct'90.]
(7)
(A)
[Omitted; amended §101(a)(15)(H)(i) of the INA, as amended by §205(c)(1) of ImmAct'90.]
(B)
[Omitted; amended §212(n) of the INA, as added by §205(c)(3) of ImmAct'90.]
(8)
[8 U.S.C. 1101 note]
The Secretary of Labor shall issue final or interim final regulations to implement the changes made by this section to section 101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and Nationality Act no later than January 2, 1992.
(9)
[Omitted; amended §206(a) of ImmAct'90.]
(10)
[Omitted; amended §214(c)(2) of the INA, as added by §206(b)(2) of ImmAct'90.]
(11)
[Omitted; amended §214(a)(2)(A) of the INA, as added by §207(b)(1) of ImmAct'90.]
(12)
[Omitted; amended §214(c)(5) of the INA, as added by §207(b)(2)(B) of ImmAct'90.]
(13)
[Omitted; amended §207(c) of ImmAct'90.]
(14)
[Omitted; amended §101(a)(15)(Q) of the INA, as added by §208(3) of ImmAct'90.]
(b)
(1)
[Omitted; amended §221(a) of ImmAct'90.]
(2)
[Omitted; amended §221(b) of ImmAct'90.]
(3)
[Omitted; amended §222(a) of ImmAct'90.]
(4)
[Omitted; amended §223(a) of ImmAct'90.]
SEC. 304.

CORRECTIONS RELATING TO TITLE III OF THE IMMIGRATION ACT OF 1990.
(a)
[Omitted; amended §302(c) of ImmAct'90.]
(b)
[Omitted; amended §244A of the INA, as inserted by §302(a) of ImmAct'90.]
(c)
[8 U.S.C. 1254a note]
(1)
In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization—
(A)
the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if—
(i)
in the case of an alien described in paragraph (2)(A), the alien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of the Immigration Act of 1990, or
(ii)
in the case of an alien described in paragraph (2)(B), the alien is found not to be excludable on a ground of exclusion referred to in section 244A(c)(2)(A)(iii) of the Immigration and Nationality Act; and
(B)
the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 240A(a) of the Immigration and Nationality Act if the absence meets the requirements of section 240A(b)(2) of such Act.
(2)
Aliens described in this paragraph are the following:
(A)
Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity).
(B)
Aliens provided temporary protected status under section 244A of the Immigration and Nationality Act, including aliens provided such status under section 303 of the Immigration Act of 1990.
SEC. 305.

CORRECTIONS RELATING TO TITLE IV OF THE IMMIGRATION ACT OF 1990.
(a)
[Omitted; amended §310(b) of the INA, as amended by §401(a) of ImmAct'90.]
(b)
[Omitted; amended §407(c)(11) of ImmAct'90.]
(c)
[Omitted; amended §407(d)(8) of ImmAct'90.]
(d)
[Omitted; redesignated subsection (g) of §334 of the INA.]
(e)
[Omitted; amended §407(d)(12)(B) of ImmAct'90.]
(f)
[Omitted; amended §335(b) of the INA, as amended by §407(d)(13)(C)(iii) of ImmAct'90.]
(g)
[Omitted; amended §407(d)(14)(D)(i) of ImmAct'90.]
(h)
[Omitted; amended §407(d)(14)(E)(ii) of ImmAct'90.]
(i)
[Omitted; amended §337(c) of the INA.]
(j)
(1)
[Omitted; amended §407(d)(16)(C) of ImmAct'90.]
(2)
[Omitted; amended §338 of the INA, as amended by §407(d)(16)(C) of ImmAct'90.]
(k)
[Omitted; amended §340 of the INA, as amended by §407(d)(18) of ImmAct'90.]
(l)
[Omitted; amended §407(d)(19)(A)(i) of ImmAct'90.]
(m)
[Omitted; makes a variety of additional amendments to §§101(a)(24), 312, 322, 330, 332(a), 334(a), & 341(a) of the INA, as if included in §407(d) of ImmAct'90.]
(n)
[Omitted; amended §408(a)(2)(B) of ImmAct'90.]
SEC. 306.

CORRECTIONS RELATING TO TITLE V OF THE IMMIGRATION ACT OF 1990.
(a)
(1)
[Omitted; amended §101(a)(43) of the INA, as amended by §501(a)(4) of ImmAct'90.]
(2)
[Omitted; amended §502(a) of ImmAct'90.]
(3)
[Omitted; amended §287(a)(4) of the INA, as amended by §503(a)(2) of ImmAct'90.]
(4)
[Omitted; amended in its entirety subparagraph (B) of §242(a)(2) of the INA, as added by §504(a)(5) of ImmAct'90.]
(5)
[Omitted; amended §236(e)(1) of the INA, as amended by §504(b) of ImmAct'90.]
(6)
[Omitted; amended §503(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by §507 of ImmAct'90.]
(7)
[Omitted; amended §509(b) of ImmAct'90.]
(8)
[Omitted; amended §510(b) of ImmAct'90.]
(9)
[Omitted; amended §510(c) of ImmAct'90.]
(10)
[Omitted; amended §212(c) of the INA, as added by §511(a) of ImmAct'90.]
(11)
[Omitted; amended §513(b) of ImmAct'90.]
(12)
[Omitted; amended §514(a) of ImmAct'90.]
(13)
[Omitted; amended paragraphs (1) and (2) of §515(b) of ImmAct'90 in their entirety.]
(b)
[Omitted; amended §§274B(g)(2)(B)(iv)(II), 274A(b)(3), & 274B(g)(2)(B) of the INA, as amended by sections 536 throug 539 of ImmAct'90.]
(c)
(1)
[Omitted; amended §274B(g)(2)(D) of the INA.]
(2)
[Omitted; amended §543(a)(3) of ImmAct'90.]
(3)
[Omitted; amended §§252(c) and 275(a) of the INA.]
(4)
[Omitted; amended miscellaneous sections in title II which referred to customs authority.]
(5)
(A)
[Omitted; amended §274C(a) of the INA, as added by §544(a) of ImmAct'90.]
(B)
[Omitted; amended §544 of ImmAct'90.]
(6)
[Omitted; amended §242B of the INA, as inserted by §545(a) of ImmAct'90.]
(7)
[Omitted; restored text of 8th sentence of §242(b) of the INA, as amended by §545(e) of ImmAct'90.]
SEC. 307.

CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990.
(a)
[Omitted; amended §212(a) of the INA, as amended by §601(a) of ImmAct'90.]
(b)
[Omitted; amended §212(c) of the INA, as amended by §601(d)(1) of ImmAct'90.]
(c)
[Omitted; amended §212(d)(3) of the INA, as amended by §601(d)(2)(B)(i) of ImmAct'90.]
(d)
[Omitted; amended §212(d)(11) of the INA, as added by §601(d)(2)(F) of ImmAct'90.]
(e)
[Omitted; amended §212(g)(1) of the INA, as amended by §601(d)(3) of ImmAct'90.]
(f)
[Omitted; amended §212(h) of the INA, as amended by §601(d)(4) of ImmAct'90.]
(g)
[Omitted; amended §212(i) of the INA, as amended by §601(d)(5) of ImmAct'90.]
(h)
[Omitted; amended §241(a) of the INA, as amended by §602(a) of ImmAct'90.]
(i)
[Omitted; amended §102 of the INA, as amended by §603(a)(2) of ImmAct'90.]
(j)
[Omitted; amended §210(b)(7)(B) as if included in §603(a)(5) of ImmAct'90.]
(k)
[Omitted; amended §241 of the INA, as if included in §602(b) of ImmAct'90.]
(l)
[Omitted; amended §§207(c)(3), 210A(e)(2)(B), 209(c), 217(a), 218(g)(3), 244A(c), 245A(d)(2)(B)(ii), & 272(a) of the INA and other provisions, as if included in §603(a) of ImmAct'90.]
(m)
[Omitted; amended §242(e) as if included in §603(b) of ImmAct'90.]
SEC. 308.

CORRECTIONS RELATING TO TITLE VII OF THE IMMIGRATION ACT OF 1990.
(a)
[Omitted; amended §section 245(e)(3) of the INA, as added by §702(a)(2) of the Immigration Act of 1990.]
(b)
[Omitted; amended §702(b) of ImmAct'90.]
(c)
[Omitted; amended §304(f) of the Immigration Reform and Control Act of 1986, as amended by §704(b) of ImmAct'90.]
(d)
[Omitted; amended §404(b)(2)(A) of the INA, as added by §705(a)(5) of ImmAct'90.]
SEC. 309.

ADDITIONAL MISCELLANEOUS CORRECTIONS.
(a)
(1)
(A)
[Omitted; miscellaneous amendments to §209 of the Department of Justice Appropriations Act, 1989 (title II of Public Law 100–459.]
(B)
[Omitted; amended the fourth proviso under Immigration and Naturalization Service in the Department of Justice Appropriations Act, 1990 (title II of Public Law 101–162).]
(2)
(A)
[Omitted; amended §286 of the INA, as amended by §210 of the Department of Justice Appropriations Act, 1991.]
(B)
[Omitted; amended §210(a)(2) of the Department of Justice Appropriations Act, 1991.]
(3)
The amendments made by paragraphs (1)(A) and (1)(B)1 shall be effective as if they were included in the enactment of the Department of Justice Appropriations Act, 1989 and the Department of Justice Appropriations Act, 1990, respectively.
^1
§219(z)(6) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4318, Oct. 25, 1994) substituted “paragraphs (1)(A) and (1)(B)” for “paragraph (1) and (2)”.
(b)
[(1)–(14): Omitted; amended miscellaneous provisions in the INA.]
(15)
[8 U.S.C. 1101 note]
The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 shall be effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986 (Public Law 99–653).
SEC. 310.

EFFECTIVE DATES.
Except as otherwise specifically provided, the amendments made by (and provisions of)—
(1)
sections 302 through 308 shall take effect as if included in the enactment of the Immigration Act of 1990, and
(2)
section 309(b)2 shall take effect on the date of the enactment of this Act.
^2
§219(z)(9) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4318, Oct. 25, 1994) struck a previous paragraph (2), redesignated paragraph (3) as paragraph (2) and substituted “309(b)” for “309(c)”.