r/title-8-ALIENS-AND-NATIONALITY wiki — defined terms
The statute’s own glossary: every term Title 8 defines, in section order.
“accredited language training program” applies in that section
The term “accredited language training program” means a language training program that is accredited by an accrediting agency recognized by the Secretary of Education. (b) As used in subchapters I and II—;
“adjacent islands” applies in that section
The term “adjacent islands” includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea. (c) As used in subchapter III—;
“administrator” applies throughout its chapter
The term “administrator” means the official designated by the Secretary of State pursuant to section 1104(b) of this title .;
“admission” applies throughout its chapter
The terms “admission” and “admitted” mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer. (B) An alien who is paroled under section 1182(d)(5) of this title or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
“admitted” applies throughout its chapter
The terms “admission” and “admitted” mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer. (B) An alien who is paroled under section 1182(d)(5) of this title or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
“advocates” applies throughout its chapter
The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.;
“aggravated felony” applies throughout its chapter
The term “aggravated felony” means— (A) murder, rape, or sexual abuse of a minor; (B) illicit trafficking in a controlled substance (as defined in section 802 of title 21 ), including a drug trafficking crime (as defined in section 924(c) of title 18 ); (C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18 ) or in explosive materials (as defined in section 841(c) of that title); (D) an offense described in section 1956 of title 18 (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded …
“alien” applies throughout its chapter
The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.;
“Attorney General” applies throughout its chapter
The term “Attorney General” means the Attorney General of the United States.;
“border crossing identification card” applies throughout its chapter
The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations.
“child” applies in that section
The term “child” means an unmarried person under twenty-one years of age who is— (A) a child born in wedlock; (B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred; (C) a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation; (D) a child born out of wedlock, by, …
“clerk of court” applies throughout its chapter
The term “clerk of court” means a clerk of a naturalization court.;
“Commissioner” applies throughout its chapter
The terms “Commissioner” and “Deputy Commissioner” mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively.;
“consular officer” applies throughout its chapter
The term “consular officer” means any consular, diplomatic, or other officer or employee of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in subchapter III, for the purpose of adjudicating nationality.;
“conviction” applies in that section
The term “conviction” means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where— (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.
“crewman” applies throughout its chapter
The term “crewman” means a person serving in any capacity on board a vessel or aircraft.;
“Deputy Commissioner” applies throughout its chapter
The terms “Commissioner” and “Deputy Commissioner” mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively.;
“diplomatic visa” applies throughout its chapter
The term “diplomatic visa” means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe.;
“doctrine” applies throughout its chapter
The term “doctrine” includes, but is not limited to, policies, practices, purposes, aims, or procedures. (13);
“executive capacity” applies in that section
The term “executive capacity” means an assignment within an organization in which the employee primarily— (i) directs the management of the organization or a major component or function of the organization; (ii) establishes the goals and policies of the organization, component, or function; (iii) exercises wide latitude in discretionary decision-making; and (iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
“extraordinary ability” applies in that section
The term “extraordinary ability” means, for purposes of subsection (a)(15)(O)(i), in the case of the arts, distinction. (47);
“father” applies in that section
The terms “parent”, “father”, or “mother” mean a parent, father, or mother only where the relationship exists by reason of any of the circumstances set forth in subdivision (1) of this subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) and paragraph (1)(G)(i) in the case of a child born out of wedlock described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term “parent” does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption.;
“foreign state” applies throughout its chapter
The term “foreign state” includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states.;
“graduates of a medical school” applies throughout its chapter
The term “graduates of a medical school” means aliens who have graduated from a medical school or who have qualified to practice medicine in a foreign state, other than such aliens who are of national or international renown in the field of medicine.;
“immigrant” applies throughout its chapter
The term “immigrant” means every alien except an alien who is within one of the following classes of nonimmigrant aliens— (A) (i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government, recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien’s immediate family; (ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and (iii) upon a basis of reciprocity, …
“immigrant visa” applies in that section
The term “immigrant visa” means an immigrant visa required by this chapter and properly issued by a consular officer at his office outside of the United States to an eligible immigrant under the provisions of this chapter.;
“immigration judge” applies in that section
The term “immigration judge” means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 1229a of this title . An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be employed by the Immigration and Naturalization Service.;
“immigration laws” applies in that section
The term “immigration laws” includes this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.;
“immigration officer” applies in that section
The term “immigration officer” means any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title. (19) The term “ineligible to citizenship,” when used in reference to any individual, means, notwithstanding the provisions of any treaty relating to military service, an individual who is, or was at any time permanently debarred from becoming a citizen of the United States under section 3(a) of the Selective Training and Service Act of 1940, as amended ( 54 Stat. 885 ; 55 Stat.
“intended spouse” applies in that section
The term “intended spouse” means any alien who meets the criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB), 1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this title.;
“lawfully admitted for permanent residence” applies in that section
The term “lawfully admitted for permanent residence” means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.;
“managerial capacity” applies in that section
The term “managerial capacity” means an assignment within an organization in which the employee primarily— (i) manages the organization, or a department, subdivision, function, or component of the organization; (ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization; (iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level …
“mother” applies in that section
The terms “parent”, “father”, or “mother” mean a parent, father, or mother only where the relationship exists by reason of any of the circumstances set forth in subdivision (1) of this subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) and paragraph (1)(G)(i) in the case of a child born out of wedlock described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term “parent” does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption.;
“national” applies in that section
The term “national” means a person owing permanent allegiance to a state.;
“national of the United States” applies in that section
The term “national of the United States” means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.;
“naturalization” applies in that section
The term “naturalization” means the conferring of nationality of a state upon a person after birth, by any means whatsoever. (24) Repealed. Pub. L. 102–232, title III, § 305(m)(1) , Dec. 12, 1991 , 105 Stat. 1750 . (25) The term “noncombatant service” shall not include service in which the individual is not subject to military discipline, court martial, or does not wear the uniform of any branch of the armed forces.;
“nonimmigrant visa” applies in that section
The term “nonimmigrant visa” means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this chapter.;
“order of deportation” applies in that section
The term “order of deportation” means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation. (B) The order described under subparagraph (A) shall become final upon the earlier of— (i) a determination by the Board of Immigration Appeals affirming such order; or (ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals. (48);
“organization” applies throughout its chapter
The term “organization” means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.;
“outlying possessions of the United States” applies throughout its chapter
The term “outlying possessions of the United States” means American Samoa and Swains Island.;
“parent” applies in that section
The terms “parent”, “father”, or “mother” mean a parent, father, or mother only where the relationship exists by reason of any of the circumstances set forth in subdivision (1) of this subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) and paragraph (1)(G)(i) in the case of a child born out of wedlock described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term “parent” does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption.;
“passport” applies throughout its chapter
The term “passport” means any travel document issued by competent authority showing the bearer’s origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.;
“permanent” applies throughout its chapter
The term “permanent” means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.;
“person” applies in that section
The term “person” means an individual or an organization.;
“profession” applies throughout its chapter
The term “profession” shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries.;
“refugee” applies throughout its chapter
The term “refugee” means (A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after appropriate consultation (as defined in section 1157(e) of this title ) may specify, any person who is within the country …
“residence” applies throughout its chapter
The term “residence” means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.;
“serious criminal offense” applies throughout its chapter
the term “serious criminal offense” means— (1) any felony; (2) any crime of violence, as defined in section 16 of title 18 ; or (3) any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another.
“Service” applies throughout its chapter
The term “Service” means the Immigration and Naturalization Service of the Department of Justice. (35) The term “spouse”, “wife”, or “husband” do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.;
“special immigrant” applies throughout its chapter
The term “special immigrant” means— (A) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; (B) an immigrant who was a citizen of the United States and may, under section 1435(a) or 1438 of this title, apply for reacquisition of citizenship; (C) an immigrant, and the immigrant’s spouse and children if accompanying or following to join the immigrant, who— (i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; (ii) seeks to enter the United States— (I) solely for the purpose of carrying on …
“State” applies throughout its chapter
The term “State” includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.;
“stowaway” applies in that section
The term “stowaway” means any alien who obtains transportation without the consent of the owner, charterer, master or person in command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to be considered a stowaway.;
“substantial” applies in that section
The term “substantial” means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.;
“totalitarian dictatorship” applies throughout its chapter
The terms “totalitarian dictatorship” and “totalitarianism” mean and refer to systems of government not representative in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis, with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an indistinguishable unit, and (B) the forcible suppression of opposition to such party.
“totalitarian party” applies throughout its chapter
The term “totalitarian party” means an organization which advocates the establishment in the United States of a totalitarian dictatorship or totalitarianism.
“totalitarianism” applies throughout its chapter
The terms “totalitarian dictatorship” and “totalitarianism” mean and refer to systems of government not representative in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis, with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an indistinguishable unit, and (B) the forcible suppression of opposition to such party.
“VAWA self-petitioner” applies in that section
The term “VAWA self-petitioner” means an alien, or a child of the alien, who qualifies for relief under— (A) clause (iii), (iv), or (vii) of section 1154(a)(1)(A) of this title ; (B) clause (ii) or (iii) of section 1154(a)(1)(B) of this title ; (C) section 1186a(c)(4)(C) of this title ; (D) the first section of Public Law 89–732 ( 8 U.S.C. 1255 note) (commonly known as the Cuban Adjustment Act) as a child or spouse who has been battered or subjected to extreme cruelty; (E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 ( 8 U.S.C.
“world communism” applies throughout its chapter
The term “world communism” means a revolutionary movement, the purpose of which is to establish eventually a Communist totalitarian dictatorship in any or all the countries of the world through the medium of an internationally coordinated Communist political movement.;
“immediate relatives” applies in that section
the term “immediate relatives” means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States and was not legally separated from the citizen at the time of the citizen’s death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death but only if the spouse files a petition under section 1154(a)(1)(A)(ii) of this title within 2 years after such date and only until the date the spouse remarries.
“2–A floor” applies in that section
the term “2–A floor” means, for a fiscal year, 77 percent of the total number of visas made available under section 1153(a) of this title to immigrants described in section 1153(a)(2) of this title in the fiscal year.
“subsection (e) ceiling” applies in that section
the term “subsection (e) ceiling” means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 1153(a) of this title to immigrants who are natives of the state or area under section 1153(a)(2) of this title consistent with subsection (e).
“affiliated job-creating entity” applies in that section
The term “affiliated job-creating entity” means any job-creating entity that is controlled, managed, or owned by any of the people involved with the regional center or new commercial enterprise under subsection (b)(5)(H)(v). (ii) Capital
“capital” applies in that section
The term “capital”— (I) means cash and all real, personal, or mixed tangible assets owned and controlled by the alien investor, or held in trust for the benefit of the alien and to which the alien has unrestricted access; (II) shall be valued at fair market value in United States dollars, in accordance with Generally Accepted Accounting Principles or other standard accounting practice adopted by the Securities and Exchange Commission, at the time it is invested under this paragraph; (III) does not include— (aa) assets directly or indirectly acquired by unlawful means, including any cash proceeds of indebtedness secured by such assets; (bb) capital invested in exchange for a note, bond, …
“certifier” applies in that section
The term “certifier” means a person in a position of substantive authority for the management or operations of a regional center, new commercial enterprise, affiliated job-creating entity, or issuer of securities, such as a principal executive officer or principal financial officer, with knowledge of such entities’ policies and procedures related to compliance with the requirements under this paragraph. (iv) Infrastructure project
“infrastructure project” applies in that section
The term “infrastructure project” means a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a Federal, State, or local agency or authority) that is the job-creating entity contracting with a regional center or new commercial enterprise to receive capital investment under the regional center program described in subparagraph (E) from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project. (v) Job-creating entity
“job-creating entity” applies in that section
The term “job-creating entity” means any organization formed in the United States for the ongoing conduct of lawful business, including sole proprietorship, partnership (whether limited or general), corporation, limited liability company, business trust, or other entity, which may be publicly or privately owned, including an entity consisting of a holding company and its wholly owned subsidiaries or affiliates (provided that each subsidiary or affiliate is engaged in an activity formed for the ongoing conduct of a lawful business) that receives, or is established to receive, capital investment from alien investors or a new commercial enterprise under the regional center program described in …
“new commercial enterprise” applies in that section
The term “new commercial enterprise” means any for-profit organization formed in the United States for the ongoing conduct of lawful business, including sole proprietorship, partnership (whether limited or general), holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business), joint venture, corporation, business trust, limited liability company, or other entity (which may be publicly or privately owned) that receives, or is established to receive, capital investment from investors under this paragraph. (vii) Rural area
“parties associated with a regional center” applies in that section
the term “parties associated with a regional center” means— (I) the regional center; (II) any new commercial enterprise or affiliated job-creating entity or issuer of securities associated with the regional center; (III) the regional center’s and new commercial enterprise’s owners, officers, directors, managers, partners, agents, employees, promoters and attorneys, or similar position, as determined by the Secretary; and (IV) any person under the control of the regional center, new commercial enterprise, or issuer of securities associated with the regional center who is responsible for the marketing, offering, or sale of any security offered in connection with the capital investment …
“rural area” applies in that section
The term “rural area” means any area other than an area within a metropolitan statistical area (as designated by the Director of the Office of Management and Budget) or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States). (viii) Targeted employment area
“separate account” applies in that section
the term “separate account” means an account that— (I) is maintained in the United States by a new commercial enterprise or job creating entity at a federally regulated bank or at another financial institution (as defined in section 20 of title 18 ) in the United States; (II) is insured; and (III) contains only the pooled investment funds of alien investors in a new commercial enterprise with respect to a single capital investment project.
“targeted employment area” applies in that section
The term “targeted employment area” means, at the time of investment, a rural area or an area designated by the Secretary of Homeland Security under subparagraph (B)(ii) as a high unemployment area. (E) Regional center program (i) In general Visas under this subparagraph shall be made available through September 30, 2027 , to qualified immigrants (and the eligible spouses and children of such immigrants) pooling their investments with 1 or more qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by the Secretary of Homeland Security on the basis of a proposal for the promotion of economic …
“professional athlete” applies in that section
the term “professional athlete” means an individual who is employed as an athlete by— (A) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or (B) any minor league team that is affiliated with such an association.
“appropriate consultation” applies in that section
the term “appropriate consultation” means, with respect to the admission of refugees and allocation of refugee admissions, discussions in person by designated Cabinet-level representatives of the President with members of the Committees on the Judiciary of the Senate and of the House of Representatives to review the refugee situation or emergency refugee situation, to project the extent of possible participation of the United States therein, to discuss the reasons for believing that the proposed admission of refugees is justified by humanitarian concerns or grave humanitarian concerns or is otherwise in the national interest, and to provide such members with the following information: (1) A …
“seasonal agricultural services” applies in that section
the term “seasonal agricultural services” means the performance of field work related to planting, cultural practices, cultivating, growing and harvesting of fruits and vegetables of every kind and other perishable commodities, as defined in regulations by the Secretary of Agriculture.
“area of employment” applies in that section
The term “area of employment” means the area within normal commuting distance of the worksite or physical location where the work of the H–1B nonimmigrant is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment. (B) In the case of an application with respect to one or more H–1B nonimmigrants by an employer, the employer is considered to “displace” a United States worker from a job if the employer lays off the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought.
“engage in terrorist activity” applies throughout its chapter
the term “engage in terrorist activity” means, in an individual capacity or as a member of an organization— (I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (II) to prepare or plan a terrorist activity; (III) to gather information on potential targets for terrorist activity; (IV) to solicit funds or other things of value for— (aa) a terrorist activity; (bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or (cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not …
“exempt H–1B nonimmigrant” applies in that section
the term “exempt H–1B nonimmigrant” means an H–1B nonimmigrant who— (I) receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or (II) has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended employment; and;
“facility” applies in that section
the term “facility” means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B) )) that meets the following requirements: (A) As of March 31, 1997 , the hospital was located in a health professional shortage area (as defined in section 254e of title 42 ). (B) Based on its settled cost report filed under title XVIII of the Social Security Act [ 42 U.S.C.
“H–1B nonimmigrant” applies in that section
The term “H–1B nonimmigrant” means an alien admitted or provided status as a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title . (D) (i) The term “lays off”, with respect to a worker— (I) means to cause the worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in subparagraph (E) or (F) of paragraph (1)); but (II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a …
“H–1B-dependent employer” applies in that section
the term “H–1B-dependent employer” means an employer that— (i) (I) has 25 or fewer full-time equivalent employees who are employed in the United States; and (II) employs more than 7 H–1B nonimmigrants; (ii) (I) has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States; and (II) employs more than 12 H–1B nonimmigrants; or (iii) (I) has at least 51 full-time equivalent employees who are employed in the United States; and (II) employs H–1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees. (B) For purposes of this subsection—;
“nonexempt H–1B nonimmigrant” applies in that section
the term “nonexempt H–1B nonimmigrant” means an H–1B nonimmigrant who is not an exempt H–1B nonimmigrant. (C) For purposes of subparagraph (A)— (i) in computing the number of full-time equivalent employees and the number of H–1B nonimmigrants, exempt H–1B nonimmigrants shall not be taken into account during the longer of— (I) the 6-month period beginning on October 21, 1998 ; or (II) the period beginning on October 21, 1998 , and ending on the date final regulations are issued to carry out this paragraph; and (ii) any group treated as a single employer under subsection (b), (c), (m), or ( o ) of section 414 of title 26 shall be treated as a single employer.
“professional athlete” applies in that section
the term “professional athlete” means an individual who is employed as an athlete by— (aa) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or (bb) any minor league team that is affiliated with such an association.
“representative” applies in that section
the term “representative” includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity. (vi) “Terrorist organization” defined As used in this section,
“terrorist activity” applies throughout its chapter
the term “terrorist activity” means any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following: (I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). (II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
“terrorist organization” applies in that section
the term “terrorist organization” means an organization— (I) designated under section 1189 of this title ; (II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or (III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).
“United States worker” applies in that section
The term “United States worker” means an employee who— (i) is a citizen or national of the United States; or (ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 1157 of this title , is granted asylum under section 1158 of this title , or is an immigrant otherwise authorized, by this chapter or by the Attorney General, to be employed. (5) (A) This paragraph shall apply instead of subparagraphs (A) through (E) of paragraph (2) in the case of a violation described in subparagraph (B), but shall not be construed to limit or affect the authority of the Secretary or the Attorney General with respect to any other violation.
“Federal poverty line” applies in that section
the term “Federal poverty line” means the level of income equal to the official poverty line (as defined by the Director of the Office of Management and Budget, as revised annually by the Secretary of Health and Human Services, in accordance with section 9902(2) of title 42 ) that is applicable to a family of the size involved. (i) Sponsor’s social security account number required to be provided (1) An affidavit of support shall include the social security account number of each sponsor. (2) The Attorney General shall develop an automated system to maintain the social security account number data provided under paragraph (1).
“appropriate agencies of Government” applies in that section
the term “appropriate agencies of Government” means the Department of Labor and includes the Department of Agriculture. The provisions of section 1188 of this title shall apply to the question of importing any alien as a nonimmigrant under section 1101(a)(15)(H)(ii)(a) of this title . (2) (A) The Attorney General shall provide for a procedure under which an importing employer which meets requirements established by the Attorney General may file a blanket petition to import aliens as nonimmigrants described in section 1101(a)(15)(L) of this title instead of filing individual petitions under paragraph (1) to import such aliens.
“child abuse and neglect” applies in that section
The terms “domestic violence”, “sexual assault”, “child abuse and neglect”, “dating violence”, “elder abuse”, and “stalking” have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 1;
“citizen of Mexico” applies in that section
the term “citizen of Mexico” means “citizen” as defined in article 16.1 of the USMCA. (2) In the case of an alien spouse admitted under section 1101(a)(15)(E) of this title , who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an “employment authorized” endorsement or other appropriate work permit.
“dating violence” applies in that section
The terms “domestic violence”, “sexual assault”, “child abuse and neglect”, “dating violence”, “elder abuse”, and “stalking” have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 1;
“domestic violence” applies in that section
The terms “domestic violence”, “sexual assault”, “child abuse and neglect”, “dating violence”, “elder abuse”, and “stalking” have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 1;
“elder abuse” applies in that section
The terms “domestic violence”, “sexual assault”, “child abuse and neglect”, “dating violence”, “elder abuse”, and “stalking” have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 1;
“sexual assault” applies in that section
The terms “domestic violence”, “sexual assault”, “child abuse and neglect”, “dating violence”, “elder abuse”, and “stalking” have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 1;
“specialty occupation” applies in that section
the term “specialty occupation” means an occupation that requires— (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
“specified crime” applies in that section
The term “specified crime” means the following: (i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or an attempt to commit any such crime. (ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause. (iii) At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.
“stalking” applies in that section
The terms “domestic violence”, “sexual assault”, “child abuse and neglect”, “dating violence”, “elder abuse”, and “stalking” have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 1;
“state sponsor of international terrorism” applies in that section
the term “state sponsor of international terrorism” means any country the government of which has been determined by the Secretary of State under any of the laws specified in clause (iii) to have repeatedly provided support for acts of international terrorism. (iii) The laws specified in this clause are the following: (I) Section 4605(j)(1)(A) of title 50 (or successor statute). 1 (II) Section 2780(d) of title 22 . (III) Section 2371(a) of title 22 . (G) The Secretary of Homeland Security shall permit a petition under this subsection to seek classification of more than 1 alien as a nonimmigrant under section 1101(a)(15)(P)(i)(a) of this title .
“substantial failure” applies in that section
the term “substantial failure” means the willful failure to comply with the requirements of this section that constitutes a significant deviation from the terms and conditions of a petition. (d) Issuance of visa to fiancée or fiancé of citizen (1) A visa shall not be issued under the provisions of section 1101(a)(15)(K)(i) of this title until the consular officer has received a petition filed in the United States by the fiancée and fiancé of the applying alien and approved by the Secretary of Homeland Security. The petition shall be in such form and contain such information as the Secretary of Homeland Security shall, by regulation, prescribe.
“alien son or daughter” applies in that section
The term “alien son or daughter” means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage.;
“alien spouse” applies in that section
The term “alien spouse” means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)— (A) as an immediate relative (described in section 1151(b) of this title ) as the spouse of a citizen of the United States, (B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or (C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such …
“petitioning spouse” applies in that section
The term “petitioning spouse” means the spouse of a qualifying marriage, other than the alien.
“qualifying marriage” applies in that section
The term “qualifying marriage” means the marriage described to in paragraph (1).;
“alien child” applies in that section
the term “alien child” mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien investor.;
“alien investor” applies in that section
The term “alien investor” means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 1153(b)(5) of this title . (2) The term “alien spouse” and
“commercial enterprise” applies in that section
The term “commercial enterprise” includes any entity formed for the purpose of doing for-profit business.
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on International Relations of the House of Representatives.
“disqualification rate” applies in that section
the term “disqualification rate” means the percentage which— (A) the total number of nationals of the program country who were— (i) denied admission at the time of arrival or withdrew their application for admission during the most recent fiscal year for which data are available; and (ii) admitted as nonimmigrant visitors during such fiscal year and who violated the terms of such admission; bears to (B) the total number of nationals of such country who applied for admission as nonimmigrant visitors during such fiscal year.
“emergency” applies in that section
the term “emergency” means— (I) the overthrow of a democratically elected government; (II) war (including undeclared war, civil war, or other military activity) on the territory of the program country; (III) a severe breakdown in law and order affecting a significant portion of the program country’s territory; (IV) a severe economic collapse in the program country; or (V) any other extraordinary event in the program country that threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States) and where the country’s participation in the program could contribute to that threat.
“initial period” applies in that section
the term “initial period” means the period beginning at the end of the 30-day period described in subsection (b)(1) and ending on the last day of the first fiscal year which begins after such 30-day period.
“visa overstay rate” applies in that section
the term “visa overstay rate” means, with respect to a country, the ratio of— (I) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (II) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa during that fiscal year.
“eligible individual” applies in that section
The term “eligible individual” means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 1324a(h)(3) of this title ) with respect to that employment.;
“H–2A worker” applies in that section
The term “H–2A worker” means a nonimmigrant described in section 1101(a)(15)(H)(ii)(a) of this title .
“classified information” applies in that section
the term “classified information” has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
“national security” applies in that section
the term “national security” means the national defense, foreign relations, or economic interests of the United States;
“relevant committees” applies in that section
the term “relevant committees” means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and;
“Secretary” applies in that section
the term “Secretary” means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.
“United States border officer” applies in that section
the term “United States border officer” means, with respect to a particular port of entry into the United States, any United States official who is performing duties at that port of entry. (j) Record of citizens and resident aliens leaving permanently for foreign countries The Attorney General may authorize immigration officers to record the following information regarding every resident person leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last …
“asylum officer” applies in that section
the term “asylum officer” means an immigration officer who— (i) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 1158 of this title , and (ii) is supervised by an officer who meets the condition described in clause (i) and has had substantial experience adjudicating asylum applications. (F) Exception Subparagraph (A) shall not apply to an alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations and who arrives by aircraft at a port of entry.
“credible fear of persecution” applies throughout its chapter
the term “credible fear of persecution” means that there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien’s claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 1158 of this title .
“crime of domestic violence” applies in that section
the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18 ) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local …
“protection order” applies in that section
the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding. (F) Trafficking Any alien described in section 1182(a)(2)(H) of this title is deportable.
“removable” applies in that section
The term “removable” means— (A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title , or (B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title .
“undocumented criminal alien” applies in that section
the term “undocumented criminal alien” means an alien who— (A) has been convicted of a felony or two or more misdemeanors; and (B) (i) entered the United States without inspection or at any time or place other than as designated by the Attorney General; (ii) was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the State or a political subdivision of the State; or (iii) was admitted as a nonimmigrant and at the time he or she was taken into custody by the State or a political subdivision of the State has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title , or …
“unaccompanied alien child” applies in that section
the term “unaccompanied alien child” has the meaning given such term in section 279(g) of title 6 . (h) Effective date This section— (1) shall take effect on the date that is 90 days after December 23, 2008 ; and (2) shall also apply to all aliens in the United States in pending proceedings before the Department of Homeland Security or the Executive Office for Immigration Review, or related administrative or Federal appeals, on December 23, 2008 . (i) Grants and contracts The Secretary of Health and Human Services may award grants to, and enter into contracts with, voluntary agencies to carry out this section and section 279 of title 6 .
“qualified designated entity” applies in that section
the term “qualified designated entity” means an organization or person designated under paragraph (2). (2) Designation of qualified entities to receive applications For purposes of assisting in the program of legalization provided under this section, the Attorney General— (A) shall designate qualified voluntary organizations and other qualified State, local, and community organizations, and (B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under section 1159 or 1255 of this title, Public …
“contract stevedoring companies” applies in that section
the term “contract stevedoring companies” means those stevedoring companies licensed to do business in the State of Alaska that meet the requirements of section 932 of title 33 ;
“employer” applies in that section
the term “employer” includes any agent or representative designated by the employer; and (C) the terms “qualified” and “available in sufficient numbers” shall be defined by reference to industry standards in the State of Alaska, including safety considerations.
“longshore work” applies in that section
the term “longshore work” means any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go, in the United States or the coastal waters thereof.
“person” applies in that section
the term “person” means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft.
“entity” applies in that section
the term “entity” includes an entity in any branch of the Federal Government. (b) Employment verification system The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs: (1) Attestation after examination of documentation (A) In general The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining— (i) a document described in …
“major change” applies in that section
the term “major change” means a change which would— (i) require an individual to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, (ii) provide for a telephone verification system under which an employer, recruiter, or referrer must transmit to a Federal official information concerning the immigration status of prospective employees and the official transmits to the person, and the person must record, a verification code, or (iii) require any change in any card used for accounting purposes under the Social Security Act [ 42 U.S.C.
“unauthorized alien” applies in that section
the term “unauthorized alien” means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this chapter or by the Attorney General.
“protected individual” applies in that section
the term “protected individual” means an individual who— (A) is a citizen or national of the United States, or (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160(a) or 1255a(a)(1) of this title, is admitted as a refugee under section 1157 of this title , or is granted asylum under section 1158 of this title ; but does not include (i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after November 6, 1986 , and …
“falsely make” applies in that section
the term “falsely make” means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the application or document contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise fails to state a fact which is material to the purpose for which it was submitted.
“removal” applies in that section
the term “removal” includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law. (c) Reentry of alien deported prior to completion of term of imprisonment Any alien deported pursuant to section 1252(h)(2) 2 of this title who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release.
“ferry” applies in that section
the term “ferry” means a vessel, in other than ocean or coastwise service, having provisions only for deck passengers and/or vehicles, operating on a short run on a frequent schedule between two points over the most direct water route, and offering a public service of a type normally attributed to a bridge or tunnel.
“State” applies in that section
The term “State” has the meaning given such term in section 1101(a)(36) of this title .
“integrated entry and exit data system” applies in that section
the term “integrated entry and exit data system” means an electronic system that— (1) provides access to, and integrates, alien arrival and departure data that are— (A) authorized or required to be created or collected under law; (B) in an electronic format; and (C) in a data base of the Department of Justice or the Department of State, including those created or used at ports of entry and at consular offices; (2) uses available data described in paragraph (1) to produce a report of arriving and departing aliens by country of nationality, classification as an immigrant or nonimmigrant, and date of arrival in, and departure from, the United States; (3) matches an alien’s available arrival …
“entry and exit data system” applies in that section
the term “entry and exit data system” means the entry and exit system required by applicable sections of— (1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104–208 ); (2) the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106–205 ) 1 ; (3) the Visa Waiver Permanent Program Act ( Public Law 106–396 ); (4) the Enhanced Border Security and Visa Entry Reform Act of 2002 ( Public Law 107–173 ) [ 8 U.S.C. 1701 et seq]; and (5) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 ( Public Law 107–56 ).
“registered traveler program” applies in that section
the term “registered traveler program” means any program designed to expedite the travel of previously screened and known travelers across the borders of the United States. (3) International registered traveler program (A) In general The Secretary of Homeland Security shall establish an international registered traveler program that incorporates available technologies, such as biometrics and e-passports, and security threat assessments to expedite the screening and processing of international travelers, including United States Citizens and residents, who enter and exit the United States.
“emergency medical condition” applies in that section
the term “emergency medical condition” means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in— (1) placing the patient’s health in serious jeopardy, (2) serious impairment to bodily functions, or (3) serious dysfunction of any bodily organ or part. (e) Effective date Subsection (a) shall apply to medical assistance for care and treatment of an emergency medical condition furnished on or after January 1, 1997 .
“approved institution of higher education” applies in that section
The term “approved institution of higher education” means a college or university approved by the Attorney General, in consultation with the Secretary of Education, under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title . (2) Designated exchange visitor program
“designated exchange visitor program” applies in that section
The term “designated exchange visitor program” means a program that has been— (A) designated by the Secretary of State for purposes of section 1101(a)(15)(J) of this title ; and (B) selected by the Attorney General for purposes of the program under this section. (3) Other approved educational institution
“other approved educational institution” applies in that section
The term “other approved educational institution” includes any air flight school, language training school, or vocational school, approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title .
“female genital mutilation” applies in that section
the term “female genital mutilation” means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minora, or labia majora.
“crime of violence” applies in that section
The term “crime of violence” has the meaning given such term in section 16 of title 18 . (2) Domestic violence
“domestic violence” applies in that section
The term “domestic violence” has the meaning given such term in section 3 of this Act. 2 (3) Foreign national client
“foreign national client” applies in that section
The term “foreign national client” means a person who is not a United States citizen or national or an alien lawfully admitted to the United States for permanent residence and who utilizes the services of an international marriage broker. Such term includes an alien residing in the United States who is in the United States as a result of utilizing the services of an international marriage broker and any alien recruited by an international marriage broker or representative of such broker. (4) International marriage broker (A) In general
“international marriage broker” applies in that section
The term “international marriage broker” means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.