Immigration Legislation in 106th Congress

Immigration Legislation in 106th Congress

Order Code RS20836
March 2, 2001
CRS Report for Congress
Received through the CRS Web
Immigration Legislation in 106th Congress
Ruth Ellen Wasem
Specialist in Social Legislation
Domestic Social Policy Division
Summary
The 106th Congress enacted 23 laws with provisions affecting immigration policy,
not including appropriations laws for immigration-related programs, services, and
activities. Several major immigration laws dealt with nonimmigrants, i.e., aliens admitted
temporarily to the United States. The 106th Congress revised many of the nonimmigrant
employment-based visa categories and created four new nonimmigrant visa categories:
“H-1C” for nurses; “T” for victims of sexual trafficking; “U” for victims of domestic
violence, material witnesses and humanitarian purposes; and “V” for immediate relatives
of legal permanent residents (LPR) who have immigrant petitions pending. Congress
also enacted laws adjusting certain aliens to LPR status, eased the naturalization
requirements for certain LPRs, eliminated the per-country ceiling for employment-based
immigrant admissions, and modified the requirements for an entry/exit data system. For
details on immigration-related funding, see CRS Report RS20618, Immigration and
Naturalization Service’s FY2001 Budget.
This report provides brief summaries of immigration laws enacted by the 106th
Congress (excluding immigration-related appropriations), organized by issue areas. A
table presenting a complete list of the laws concludes the report.1

Legal Immigration Family Equity Act
A proposal known as the “Legal Immigration Family Equity Act” (LIFE) was added
to the Commerce, Justice, State FY2001appropriations bill that, in turn, was folded into
the District of Columbia FY2001 appropriations law (P.L. 106-553). LIFE establishes a
new nonimmigrant “V” visa for the immediate relatives of legal permanent residents
(LPRs) who have second preference petitions pending at least 3 years, expands the use of
the “K” nonimmigrant visa to include immediate relatives of citizens with petitions
pending, and allows aliens in the “late amnesty” class action court cases to adjust to LPR
status. After intense negotiations, amendments to LIFE – most notably a temporary
1 Shirin Kaleel, a graduate student intern in the Domestic Social Policy Division, provided research
assistance in the preparation of this report.
Congressional Research Service ˜ The Library of Congress

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reinstatement of §245(i) of the Immigration and Nationality Act (INA) enabling
unauthorized aliens to adjust to LPR status if they are otherwise eligible for visas – were
included in the Labor, Health and Human Services, Education FY2001 appropriations law
(P.L. 106-554). Despite media reports indicating that a new temporary agricultural
worker program with a legalization provision would also be included, it was not in the final
agreement. (See CRS Report RL30780, Immigration Legalization and Status Adjustment
Legislation.)
H-1B Temporary Professional Workers
The 106th Congress enacted the American Competitiveness in the Twenty-first
Century Act of 2000 (P.L. 106-313), making significant amendments to the H-1B
program, most notably an increase in the numerical limits. Temporary workers are
admitted to the United States under the “H” nonimmigrant category, a part of the INA (§
101(a)(15)(H)), and H-1B nonimmigrants – professionals who work in specialty
occupations – make up the largest category of temporary alien workers. The 105th
Congress had enacted the American Competitiveness and Workforce Improvement Act
(Title IV of P.L. 105-277) in 1998 to increase the number of H-1B nonimmigrants and
reform perceived abuses of the visa. P.L. 106-313 raises the number of H-1B visas by
297,500 over 3 years, FY2001-FY2003. It also authorizes additional H-1B visas for
FY1999 to compensate for the excess inadvertently approved that year. In addition, it
excludes from the new ceiling all H-1B nonimmigrants who work for universities and
nonprofit research facilities. The law facilitates the portability of H-1B status for those
already here lawfully, eliminates the per-country ceilings for employment-based
immigrants, and requires a study of the “digital divide” on access to information
technology. It makes changes in the use of the H-1B fees for education and training,
notably earmarking a portion of DOL training funds for skills that are in information
technology shortage areas and adding to the National Science Foundation portion a K-12
math, science and technology education grant program. Separate legislation (P.L. 106-
311) to increase the H-1B fee from $500 to $1,000 and exempt educational institutions,
universities and nonprofit research facilities from paying the fee was also enacted. (See
CRS Report RL30498, Immigration: Legislative Issues on Nonimmigrant Professional
Specialty (H-1B) Workers.)
Other Temporary Workers
Religious Workers. An immigration provision that allows for the admission of
immigrants to perform religious work (INA §101(a)(27)(C)), originally established as a
temporary program, expired on September 30, 2000. Although the provision has a broad
base of support, some expressed concern that it is vulnerable to fraud. After considering
whether to make the provision permanent, Congress enacted P.L. 106-409, which extends
the religious worker visa through FY2003.
Nurses. P.L. 106-95, the Nursing Relief for Disadvantaged Areas Act of 1999,
includes provisions intended as a short-term solution for nursing shortages in a limited
number of medically underserved areas. The act establishes a new H-1C category for 500
nonimmigrant nurses annually for 4 years in health professional shortage areas. It sets
forth admissions requirements, including a maximum 3-year stay. Petitioning hospitals
would have to be in shortage areas defined by the Department of Health and Human

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Services, have at least 190 acute care beds, and have specified percentages of Medicare
and Medicaid patients. A previous H-1A category for nurses, which has expired, was
subject to fewer restrictions. (See CRS Report RS20164, Immigration: Temporary
Admission of Nurses for Health Shortage Areas (P.L. 106-95).)
H-2A Temporary Agricultural Workers. P.L. 106-78, the FY2000 Agriculture
appropriations act, §748, amends the INA to reduce from 60 to 45 days the minimum
period prior to need that employers must file H-2A labor certifications; and to increase
from 20 to 30 days the minimum days in advance of need that the Secretary of Labor must
act on H-2A certification requests. P.L. 106-554 included minor provisions that modified
the requirements for employers seeking H-2A workers. (See CRS Report RL30852,
Immigration of Agricultural Guest Workers: Policy, Trends and Legislative Issues.)
Refugees
P.L. 106-104 reauthorizes the Refugee Resettlement Program, a set of federally-
funded human service programs, through FY2002. P.L. 106-113 reenacted for 2 years a
provision referred to as the “McCain Amendment” that, quoting from the conference
report, “restores eligibility for U.S. refugee resettlement to certain sons and daughters of
Vietnamese re-education camp survivors, and also provides such eligibility for sons and
daughters who were denied the right the resettle in the United States [solely] because their
government-issued residency documents did not prove ‘continuous coresidency’ with their
parents.” P.L. 106-429 enables certain displaced aliens paroled into the United states from
Southeast Asia to adjust to LPR status, and P.L. 106-554 extends the “Lautenberg
Amendment,” which requires the Attorney General to designate as refugees former Soviet
and Southeast Asian nationals for whom less evidence is needed to prove refugee status.
Section 110 Integrated Entry and Exit Data System
The INS Data Management Improvement Act of 2000 (P.L. 106-215) amends §110
of the Illegal Immigration and Immigrant Responsibility Act (IIRIRA) to require the
development of an integrated entry and exit system that would use available data to record
alien arrivals and departures but would not establish additional documentary requirements.
The scope of §110, as amended, is much narrower than the original IIRIRA provision,
which would have required the development of a system to record the entry and exit of
every alien arriving in and departing from the United States. P.L. 106-215 includes
provisions that: (1) set staggered deadlines for the implementation of the system at air,
sea, and land border ports of entry; (2) establish a task force to evaluate the
implementation of the system and other measures to improve legitimate cross-border
traffic; and (3) express a sense of Congress that federal departments charged with border
management should consult with foreign governments to improve cooperation. (See CRS
Report RS20627, Immigration: Integrated Entry and Exit Data System.)
Other Immigration-Related Legislation
Immigrant and Naturalization Benefit Processing. Widespread concern
over the growing backlogs and delays in processing naturalization and immigrant petitions
has prompted legislation aimed at reducing the processing times of most petitions to no
more than 90 days. Currently the processing of most immigration benefits is funded by

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fees paid by the beneficiaries. P.L. 106-313, the latest H-1B law, included language that
requires the Attorney General to submit a plan to reduce the backlogs and improve petition
processing, establishes an “Immigration Services and Infrastructure Improvement
Account,” and authorizes the appropriation of such sums as may be necessary.
Human Trafficking. P.L. 106-386 is aimed at stopping human trafficking,
particularly sexual trafficking in women and children. The act seeks to combat trafficking
through prevention; prosecution and enforcement against traffickers; and protection and
assistance to victims. P.L. 106-386, among other provisions, amends the INA to establish
new nonimmigrant visa categories: “T” for certain sexual trafficking victims; and “U” for
victims of domestic violence, material witnesses, and other humanitarian purposes. “T”
visa holders are limited to 5,000 annually, and “U” visas holders are limited to 10,000
annually. Both are allowed to adjust to LPR status after 3 years of continuous physical
presence in the United States. (See CRS Report RL30545, Trafficking in Women and
Children: The U.S. and International Response.)
Noncitizen Victims of Family Violence. P.L. 106-386 also includes
immigration benefits for noncitizen victims of domestic violence. The law expands
immigration relief to battered aliens in areas such as cancellation of removal, adjustment
of status, and self-petitioning for immigration benefits.
Visa Waiver Pilot Program (VWPP). The VWPP allows nationals from certain
countries to enter the United States as temporary visitors for business or pleasure without
first obtaining a visa from a U.S. consulate abroad. VWPP had been a pilot program for
12 years and the statutory authority had expired on April 30, 2000. P.L. 106-396 made
the VWPP permanent and included provisions designed to strengthen the documentary and
reporting requirements. Also, P.L. 106-406 allows for an extension of stay of
nonimmigrant aliens entering under the VWPP who require medical treatment.
Syrian Jews. P.L. 106-378 adjusts certain Syrian nationals who are Jewish to LPR
status. Many of these individuals were brought to the United States about 10 years ago
for humanitarian reasons, but they were not given refugee status at that time.

Use of Social Security Numbers on Driver’s Licenses. P.L. 106-69 repeals
§656(b) of IIRIRA. Section 656(b) prohibited federal agencies from accepting state-
issued driver’s licenses or comparable documents for identification purposes after October
1, 2000, that did not contain a Social Security number (unless the state qualified for an
exemption) and meet other standards.
Adoption and Citizenship. P.L. 106-395 confers automatic U.S. citizenship on
certain foreign-born children adopted by U.S. citizens. It also includes provisions aimed
at protecting certain immigrants from removal due to bad moral character findings because
they falsely claim citizenship or registered to vote. P.L. 106-139 provides that an adopted
alien under age 18 may be considered a child under the INA if adopted with or after a
sibling who is under age 16. Congress also enacted P.L. 106-279, the Hague Convention
on Protection of Children and Cooperation in Respect of Intercountry Adoption, which
includes provisions ensuring legal standards, soundness, and ethical behavior.

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National Interest Waiver for Alien Physicians. P.L. 106-95 and P.L. 106-
113 include identical amendments to the INA requiring the Attorney General to issue a
“national interest waiver” of the job offer requirement for alien physicians seeking
permanent admission as employment-based second preference immigrants. The alien
physicians must agree to work in a medically underserved area designated by the HHS
Secretary or in a Veterans Affairs facility, and do so for 5 years, and a federal agency or
state public health department must previously have determined that their work in the area
or facility is in the public interest.
Naturalization. P.L. 106-448 permits the waiver of the citizenship oath for certain
LPRs whose disabilities prevent them from taking the oath. P.L. 106-207 seeks to
facilitate the naturalization of Hmong and other Laotian refugees who served in special
guerilla units in Laos (and their spouses or widows) by easing applicable naturalization
requirements. The law exempts them from the English language requirement and provides
them with special consideration concerning the required examination in U.S. government
and history. P.L. 106-415 extends these naturalization provisions to certain Hmong
widows not covered by P.L. 106-207.
Miscellaneous Nonimmigrant Amendments. P.L. 106-396, the visa waiver
legislation, also modifies §641 of IIRIRA that establishes a program to collect information
on nonimmigrant foreign students, enabling INS to collect the fee rather than requiring the
educational institutions to do so. P.L. 106-95 amends the “L” nonimmigrant category for
intracompany transfers (i.e., employees of international corporations) to provide that
international management consulting firms that break off from other international
accounting firms may continue to use L visas, provided they maintain the qualifying
worldwide organizational structure. P.L. 106-104 amends the INA to extend for an
additional 2 years the “S” nonimmigrant category for alien witnesses and informants
providing information on organized crime and terrorist operations.
Other Provisions. P.L. 106-113 authorizes the Secretary of State to charge fees
relating to affidavits of support and states the Department’s policy regarding processing
of immigrant relative visa applications within 30 to 60 days of receipt. It also prohibits the
use of funds appropriated by it for providing visas to citizens or nationals of countries
determined by the Attorney General under INA §243(d) to deny or unreasonably delay
accepting the return of their citizens or nationals. P.L. 106-536 creates a special
immigrant visa for up to 100 workers annually who are employed by the International
Broadcasting Bureau of the Broadcasting Board of Governors.

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Immigration Legislation Enacted in the 106th Congress
Law
Provision
P.L. 106-69
Repeals §656(b) of IIRIRA concerning the use of Social Security numbers
P.L. 106-78
Includes an amendment to INA to expedite H-2A labor certification applications
P.L. 106-95
Amends INA to create an H-1C nurse visa and amends provisions for alien
physicians and “L” nonimmigrants
P.L. 106-104
Amends INA to extend “S” non-immigrant category for alien witnesses and
informants for additional 2 years; authorizes refugee resettlement assistance
program through FY2002; reinstates “McCain Amendment” for 2 years
P.L. 106-113
In addition to appropriation provisions, it authorizes fees for affidavits of support
and prohibits the use of funds to provide visas to nationals of countries that deny
or unreasonably delay accepting the return of their citizens or nationals
P.L. 106-139
Amends INA to increase age limit of alien child adoption from 16 to 18 years for
those who have siblings under 16 years of age that have been adopted
P.L. 106-207
Waives the English language and civics requirements, with respect to
and
naturalization, for certain Hmong veterans and their spouses; extends these
P.L. 106-415
benefits to former spouses of deceased Hmong veterans
P.L. 106-215
Amends §110 of IIRIRA on automated exit-entry systems
P.L. 106-279
Provides for the implementation of the Hague Convention on intercountry
adoption
P.L. 106-311
Amends INA to increase the number of available non-immigrant H1-B specialty
and
occupation visas for FY2001 through FY2003; eliminates per country ceilings for
P.L. 106-313
permanent employment-based admissions; requires petition processing plan
P.L. 106-378
Adjusts to LPR status certain Syrian Jews
P.L. 106-386
Amends the INA to create new non-immigrant “T” and “U” visas for victims of
trafficking (especially sex trade), domestic abuse, and humanitarian purposes
P.L. 106-395
Confers citizenship on certain foreign born children adopted by U.S. citizens
P.L. 106-396
Amends INA to revise and permanently authorize the visa waiver pilot program
P.L. 106-409
Extends religious worker provisions in INA for 3 years
P.L. 106-429
Enables certain displaced aliens from Southeast Asia to adjust to LPR status
P.L. 106-448
Permits the waiver of the citizenship oath for certain LPRs whose disabilities
prevent them from taking the oath
P.L. 106-536
Creates a special immigrant visa for up to 100 workers a year who are employed
by the International Broadcasting Bureau of the Broadcasting Board of Governors
P.L. 106-553
Allows certain aliens in class action cases to become LPRs, creates a “V” visa for
and
immediate family of LPRs, expands “K” visas for immediate family of citizens,
P.L. 106-554
and temporarily restores §245(i) of INA; extends the “Lautenberg Amendment”
for former Soviet Union and Southeast Asian parolees; modifies H-2A procedures
Note: Immigration-related appropriations are not included in this table. See CRS Report RS20618,
Immigration and Naturalization Service’s FY2001 Budget.