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FOOTNOTES FOR SECTION 214
FN 1
Paragraph (9) added by section
414(a)
, Pub. L. 105-277, under Division B - Emergency Supplemental Appropriations, Title IV - American Competitiveness and Workforce Improvement Act (ACWIA).
FN1a
Section
1(1)
of Public Law 106-311, dated October 17, 2000, amended section 214(c)(9)(A).
FN1b
Section
1(2)
of Public Law 106-311, dated October 17, 2000, amended section 214(c)(9)(B), by striking "$500" and inserting "$1,000".
FN 1bb
Section
401
of Public Law 106-396, dated October 30, 2000, added section 214(c)(10).
FN 1bc
Section
832(a)(1)(A)
,
(B)
,
(C)
, and
(D)
, of P
ublic Law 109-162, dated January 5, 2006, amended Section 214(d) of the Immigration and Nationality Act by designating "paragraph (d)" as "paragraph (d)(1)" making technical amendments to newly designated paragraph (d)(1), and by adding a new paragraph (d)(2).
Effective Date
: The amendments made by this subsection shall take effect on the date that is 60 days after the date of the enactment of this Act (Public Law 109-162) which is March 6, 2006.
Limitation on Use of Certain Information
: The fact that an alien described in clause (i) or (ii) of section
101(a)(15)(K)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is aware of any information disclosed under the amendments made by this section
832
or under section
833
of Public Law 109-162 shall not be used to deny the alien eligibility for relief under any other provision of law.
FN 1bbb
Section
1103(c)(1)
of Public Law 106-553, dated December 21, 2000, amended section 214(d) by striking "101(a)(15)(K)" and inserting "101(a)(15)(K)(i)".
FN 1c
Section 214(c)(2)(A) was amended by section
2(a)
of Public Law 107-125, dated January 16, 2002. Section 214(c)(2)(E) was added by
section 1
of Public Law 107-125.
FN 1d
Paragraph
(e)(6)
added by Public Law 107-124, dated January 16, 2002.
FN 1e
Section
402(d)(1)
of the United States - Chile Free Trade Agreement Implementation Act,
Public Law 108-77
, dated September 3, 2003, added a new paragraph (c)(11).
FN 1f
Section
412(a)
of Public Law 108-447 added paragraph (F) to section 214(c)(2) of the Act.
Applicability
- The amendment made by section 412(a) of Public Law 108-447 shall apply to petitions filed on or after June 6, 2005, whether for initial, extended, or amended classification.
FN 1g
Section
413(a)
of Public Law 108-447, amended section 214(c)(2)(A) of the Act by striking the last sentence (relating to reduction of the 1-year period of continuous employment abroad to 6 months).
Applicability
- The amendment made by section
413(a)
of Public Law 108-447 shall apply only to petitions for initial classification filed on or after June 6, 2005.
FN 1h
Section
422(b)(1)
of Public Law 108-447, amended section 214(c)(9)(A) of the Act by striking 'October 1, 2003'
FN 1i
Section
422(b)(2)
and
(3)
of Public Law 108-447, amended section 214(c)(9)(B) of the Act by:
(1)
Striking '$1,000' and inserting '$1,500'; and
(2)
Inserting before the period 'except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer)'.
FN 1j
Section
426(a)
of Public Law 108-447, amended section 214(c) of the Act by adding paragraph (12).
Effective Date
- The amendments made by this section
426(a)
shall take effect on the date of enactment of this Act (December 8, 2005), and the fees imposed under such amendments shall apply to petitions under section
214(c)
of the Immigration and Nationality Act, and applications for nonimmigrant visas under section 222 of such Act, filed on or after the date that is 90 days after the date of the enactment of this Act (March 8 2005).
FN 2
Paragraph (g)(1)(A) amended by section
411(a)
, Pub. L. 105-277, ACWIA. Section
102(a)(1)
and
(2)
of Public Law 106-313, dated October 17, 2000, redesignated clause (v) as (vii), removed clause (iv) and added clauses (iv) through (vi). Section
103
of Public Law 106-313 added paragraphs (g)(5) through (g)(7). Section
108
of Public Law 106-313 revised section 214(g)(3).
FN 2a
Section
1
of Public Law 107-45, dated October 1, 2001, amended section 214(k) by removing paragraph (2), and by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4) respectively.
FN 2b
Subsection (g)(8) was added by section
402(a)(2)(B)
of the United States Chile Free Trade Agreement Implementation Act,
Public Law 108-77
, dated September 3, 2003.
Section
402(1)
of the United States - Singapore Free Trade Agreement Implementation Act, Public Law 108-78, dated September 3, 2003, revised subsection (g)(8)(A) by adding Singapore as a free trade agreement country.
FN 2c
Section
402(2)
of the United States - Singapore Free Trade Agreement Implementation Act,
Public Law 108-77
, dated September 3, 2003, amended subsection (g)(8)(B)(ii) to add the numerical limitations for "Singapore".
FN 2d
Section
425(a)(1)
of Public Law 108-447 amended section 214(g)(5) of the Act by striking 'is employed (or has received an offer of employment) at'
FN 2e
Section
425(a)(1)
-
(4)
of Public Law 108-447 amended section 214(g)(5) of the Act by making technical amendments to paragraph (A) and (B), and by adding a new paragraph (C).
FN 3
Amended by
§ 622(c)
of IIRIRA as subsection "(k)" but redesignated by
§ 671
of IIRIRA as subsection "(l)"
FN 3a
Section
214(l)(1)(B)
is amended by section
11018(a)
of the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273, dated November 2, 2002. The amendments made by this section 11018 shall take effect as if this Act (Public Law 107-273) were enacted on May 31, 2002.
FN 3b
Section
214(l)(2)(A)
is amended by section
1(b)
of Public Law 108-441, dated December 3, 2004.
FN 3c
Section
821(c)(2)
of Public Law 109-162, dated January 5, 2006, amended section 214(l)(2)(A) of the Immigration and Nationality Act.
FN 4
Amended by section
108
of Public Law 105-65, dated October 27, 1997.
FN 4b
Section
214(l)(1)(D)
is amended by section
1(c)
and
(d)
of Public Law 108-441, dated December 3, 2004.
FN 4c
Section 2
of Public Law 110-362, dated October 8, 2008, amended section 214(l)(1)(D)(ii)of the Act by striking '5' and inserting '10'.
FN 5
Added by
§ 625
of IIRIRA, effective as to "individuals who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the [INA] after the end of the 60-day period beginning on the date of the enactment of this Act, including aliens whose status as such a nonimmigrant is extended after the end of such period."
Section
107(e)(2)(A)
of Public Law 106-386, dated October 28, 2000, redesignated paragraph (l) as added by section
625(a)
of IIRIRA as paragraph (m). Note: There are now two paragraph (m)s.
FN 5a
Reference to clause (i) and (iii) of section
101(a)(15)(F)
was added by section
2(c)
of the Border Commuter Student Act of 2002, Public Law 107-274, dated November 2, 2002.
FN 6
Section
105(a)
of Public Law 106-313, dated October 17, 2000, added paragraph (m).
FN 7
Section
107(e)(2)(A)
of Public Law 106-386, dated October 28, 2000, redesignated paragraph (l) as paragraph (m). Note: There are now two paragraph (m)s. Section
107(e)(2)(B)
added section 214(n).
FN 7a
Section
4(b)(2)(A)
of the Trafficking Victims Protection Reauthorization Act of 2003, Public Law 108-193, dated December 19, 2003, amended section 214(n)(3) by inserting the term "siblings," before "parents".
FN 7b
Section
4(b)(2)(B)
of the Trafficking Victims Protection Reauthorization Act of 2003, Public Law 108-193, dated December 19, 2003, amended paragraph (n) by adding subparagraphs (4), (5), and (6).
FN 8
Section
1513(c)
of Public Law 106-386, dated October 28, 2000, added section 214(o).
FN 9
Section
1102(b)
of Public Law 106-553, dated December 28, 2000, added section 214(o). Note: There are two paragraph (o)s.
FN 10
Section
1102(d)(1)
of Public Law 106-553, dated December 21, 2000, amended paragraphs (b) and (h) by striking "(H)(i) or (L)" and inserting "(H)(i), (L), or (V)".
Section
404(1)
and
(3)
of the United States - Chile Free Trade agreement Implementation Act,
Public Law 108-77
, dated September 3, 2003, further amended paragraph (b) and (h).
FN 10a
Section
404(2)
of the United States - Chile Free Trade agreement Implementation Act,
Public Law 108-77
, dated September 3, 2003, amended paragraph (c)(1) by striking "section 101(a)(15)(H), (L), (O), or (P)(i)" and inserting "subparagraph (H), (L), (O), or (P)(i) of section 101(a)(15) (excluding nonimmigrants under section 101(a)(15)(H)(i)(b1)).
FN 11
Section
1103(b)
of Public Law 106-553, dated December 21, 2000, added section 214(p).
FN 12
Section
402(a)(2)(A)(i)
of the United States Chile Free Trade Agreement Implementation Act,
Public Law 108-77
, dated September 3, 2003, amended subsection 214(i)(1) by striking "For purposes" and inserting "Except as provided in paragraph (3), for purposes"
Subsection 214(i)(3) was added by section
402(a)(2)(A)(ii)
of Public Law 108-77.
FN 13
Section
403
of the United States - Chile Free Trade agreement Implementation Act,
Public Law 108-77
, dated September 3, 2003, designated existing text as paragraph (j)(1) and added a new paragraph (j)(2).
FN 14
Section
8(a)(3)
of the Trafficking Victims Protection Reauthorization Act of 2003 , Public Law 108-193, Dated December 19, 2003,redesignated the following subsections as follows:
Subsection (m) (as added by section
105
of Public Law 106-313) as subsection(n);
Subsection(n) (as added by section
107(e)
of Public Law 106-386) as subsection (o);
Subsection (o) (as added by section
1513(c)
of Public Law 106-386) as subsection (p);
Subsection (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act) as subsection(q); and
Subsection (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsection (r).
FN 14a
Section
821(a)
of Public Law 109-162, dated January 5, 2006, amended section 214(o) of the Immigration and Nationality Act by adding paragraph (7).
Section
821(b)
of Public Law 109-162, dated January 5, 2006, amended section 214(p) of the Immigration and Nationality by adding paragraph (6).
FN 14ab
Section
832(a)(2)
of Public Law 109-162, dated January 5, 2006, made technical amendments to section 214(r), and added paragraphs (4) and (5).
Effective Date
: The amendments made by section
832(a)(2)
of Public Law 109-162 shall take effect on the date that is 60 days after the date of the enactment of this Act (Public Law 109-162) which is March 6, 2006.
Limitation on Use of Certain Information
: The fact that an alien described in clause (i) or (ii) of section
101(a)(15)(K)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is aware of any information disclosed under the amendments made by this section
832
of Public Law 109-162 or under section
833
of Public Law 109-162 shall not be used to deny the alien eligibility for relief under any other provision of law.
FN 14b
Section
201(b)
of Public Law 110-457, dated December 23, 2008, made several technical amendments to section 214(o)(7) of the Immigration and Nationality Act.
Effective Date
- The amendments made by this section shall--
(1) take effect on the date of enactment of the Act; and
(2) apply to applications for immigration benefits filed on or after such date.
FN 14c
Section
201(c)
of Public Law 110-457, dated December 23, 2008,amended section 214(p)(6) of the Immigration and Nationality Act.
Effective Date
- The amendments made by this section shall--
(1) take effect on the date of enactment of the Act; and
(2) apply to applications for immigration benefits filed on or after such date.
FN 15
Section
402(a)
of Public Law 109-13 amended section 214 by adding paragraph (g)(9).
Effective date:
(1) IN GENERAL- The amendment in section 402(a) shall take effect as if enacted on October 1, 2004, and shall expire on October 1, 2006.
(2) IMPLEMENTATION- Not later than 14 days after the date of the enactment of this Act, the Secretary of Homeland Security shall begin accepting and processing petitions filed on behalf of aliens described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act, in a manner consistent with this section and the amendments made by this section. Notwithstanding section 214(g)(9)(B) of such Act, as added by section 402(a), the Secretary of Homeland Security shall allocate additional numbers for f
iscal year 2005 based on statistical estimates and projections derived from Department of State data.
FN 16
Section
403(a)
of Public Law 109-13, amended section 214 by adding a new paragraph (c)(13).
Effective date:
The amendments made by section 403(a) shall take effect 14 days after the date of the enactment of this Act and shall apply to filings for a fiscal year after fiscal year 2005.
FN 17
Section
404(a)
of Public Law 109-13, amended section 214 by adding a new paragraph (c)(14).
Effective date:
The amendment made by section 404(a) shall take effect on October 1, 2005.
FN 18
Section
405
of Public Law 109-13 amended section 214 by adding a new paragraph (g)(10).
FN 19
Section
501(b)
of Public Law 109-13 amended section 214 by adding a new paragraph (g)(11).
FN 20
Section
501(c)
of Public Law 109-13 amended section 214(i)(1).
FN 21
Section 1074
of Public Law 109-364, dated December 17, 2006, amended section 214(g)(9)(A) and (B).
(c)
Effective Date:
The amendments made by this section shall take effect on October 1, 2006. If this section is enacted after October 1, 2006, the amendments made by this section shall take effect as if enacted on such date.
FN 22
Section 2(a)
of Public Law 109-463, dated December 22, 2006, amended section 214(c)(4)(A) by striking clauses (i) and (ii) and adding new clauses (i) and (ii).
Sections
2(b)
,
(c)
,
and
(d)
of Public Law 109-463, dated December 22, 2006, amended section 214(c)(4)by adding subparagraphs (F), (G) and (H) respectively.
FN23
Section
702(b)(1)(A)
of Public Law 110-229, amended section 214(a)(1) by striking "Guam" each time it appears and inserting "Guam
or the Commonwealth of the Northern Mariana Islands
"
Section
702(b)(1)(B)
of Public Law 110-229, amended section 214(a)(1) by striking "fifteen" and inserting "45"
Effective Date:
Amendments to the Immigration and Nationality Act- The amendments to the Immigration and Nationality Act made by this subtitle, and other provisions of this subtitle applying the immigration laws (as defined in section
101(a)(17)
of Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to the Commonwealth, shall take effect on the transition program effective date described in section 6 of Public Law 94-241 (as added by section
702(a)),
unless specifically provided otherwise in this subtitle.