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FOOTNOTES FOR SECTION 286
FN 1
Section
114
under General Provisions -- Department of Justice, Pub. L. 105-277, dated October 21, 1998, inserted the word "State" followed by a comma immediately before "territory"
FN 1b
Section
109
of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies appropriations Act, 2002,
Public Law 107-77
, dated November 28, 2001, amended section 286(d) by stricking "$6" and inserting "$7". Section
109
of Public Law 107-77 also amended section 286(e)(1) and added a new paragraph (e)(3).
This paragraph was further amended by section
202
of the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States,
Public Law 107-206
, dated August 2, 2002, by stricking "is authorized to" and inserting "shall" and by stricking "authorization" and inserting "requirement".
This paragraph (e)(3) was revised in its entirety by section
108
of the Consolidated Appropriations Resolution, 2003, Public Law 108-7, dated February 20, 2003.
FN 1bb
Section 408(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002, dated May 14, 2002, amended section 286(g) by stricking ", within forty-five minutes of their presentation for inspection,"
(b) STAFFING LEVELS AT PORTS OF ENTRY- The Immigration and Naturalization Service shall staff ports of entry at such levels that would be adequate to meet traffic flow and inspection time objectives efficiently without compromising the safety and security of the United States. Estimated staffing levels under workforce models for the Immigration and Naturalization Service shall be based on the goal of providing immigration services described in section
286(g)
of such Act within 45 minutes of a passenger's presentation for inspection.
FN 3
Added by
§ 124 of IIRIRA
. Applicable to expenses incurred during or after fiscal year 1997.
FN 4
Clauses (v) and (vi) are both moved 2 ems to the left by
§ 671(e)(6) of IIRIRA
and "and for" is inserted in each for "and".
FN 5
Added by
§ 124 of IIRIRA
. Applicable to expenses incurred during or after fiscal year 1997.
FN 5b
Section
110
of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002, Public Law 107-77, dated November 28, 2001, amended section 286(q)(1)(A) by stricking "6" and inserting "96".
FN 6
Section 286(q)(1)(A) is amended by striking clause (ii), redesignating clauses (iii) and (iv) as clauses (ii) and (iii) respectively; and by striking ", until September 30, 2000," in newly redesignated clause (iii). Public Law
106-113
,
Appendix A
, (H.R. 3421), dated November 29, 1999.
FN 6b
Section
110 of Public Law 105-119
, dated November 26, 1997, replaced "Immigration and Naturalization Service" with "Attorney General".
FN 6d
Section
286(q)
amended by section
11016(2)
of the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273, dated November 2, 2002.
FN 7
Added by
§ 376(b) of IIRIRA
, effective for "applications made on or after the end of the 90-day period beginning on the date of the enactment of [IIRIRA]."
FN 9
Section 286(s) added by section
414(b)
, Pub. L. 105-277, under Division B - Emergency Supplemental Appropriations, Title IV -American Competitiveness and Workforce Improvement Act (ACWIA).
FN 9a
Section
110(a)
of Public Law 106-313, dated October 17, 2000, amends section 286(s)(2), (3), and (6), as amended by section
113(b)
. Section 110(a) also revises 286(s)(4). Section
113(a)
of Public Law 106-313, revises section 286(s)(5).
FN 9b
Section
402(d)(2)
of the United States - Chile Free Trade Agreement Implementation Act,
Public Law 108-77
, dated September 23, 2003, amended paragraph (s)(1) by striking "section 214(c)(9)." and inserting "paragraphs (9) and (11) of section 214(c)."
FN 10
Section
112
of Public Law 106-553, dated December 21, 2000, added subsections (t) and (u).
FN 11
Section 286(m) was amended by striking "services, including the costs of similar services provided without charge to asylum applicants or other immigrants." and inserting "services." (See section
457
of the Homeland Security Act of 2002, Public Law 107-296, dated November 25, 2002). Section 286(m) was later amended to insert the removed language from section 457 of Public Law 107-296 back in. Accordingly, the language "services, including the costs of similar services provided without charge to asylum applicants or other immigrants." was reinserted (See section
107
, Public Law 108-7.
FN 12
Section
426(b)
of Public Law 108-447, amended section 286 by adding paragraph (v).
Effective Date
- The amendments made by this section
426(b)
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 13
Section
427(1)
-
(5)
of Public Law 108-447 made several technical amendments to section 286(s) of the Act as follows:
(1) in paragraph (2), by striking `55 percent' and inserting `50 percent';
(2) in paragraph (3), by striking `22 percent' and inserting `30 percent';
(3) in paragraph (4)(A), by striking `15 percent' and inserting `10 percent';
(4) in paragraph (5)--
(A) by striking `4 percent' and inserting `5 percent'; and
(B) by striking `Attorney General' each place that term appears and inserting `Secretary of Homeland Security'; and
(5) in paragraph (6), by striking `Beginning with fiscal year 2000,' and all that follows through `within a 7-day period.' and inserting `Beginning with fiscal year 2000, 5 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 212(n)(1).'
13a/
Section
6046
of Public Law 109-13, amended paragraph (s)(6) by adding "and section 212(a)(5)(A)" at the end of the last sentence.
14/
Section
403(b)
of Public Law 109-13 amended section 286(v).
Effective date
: The amendments made by section 403(b) 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.
15/
Section 2
of Public Law 109-472, dated January 11, 2007, amended section 286(v)(2)(A)(i) and revised clause(ii).