Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this subsection.

(0) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1983, such sums as may be necessary for the purpose of enabling the Secretary of Labor to make determinations and certifications under this subsection and under section 212(a) (14).".

(c) The amendments made by this section apply to petitions and applications filed under section 214 (c) of the Immigration and Nationality Act on or after the first day of the seventh month beginning after the date of the enactment of this Act (hereinafter in this section referred to as the "effective date").

(d) Notwithstanding any other provision of law, final regulations implementing the amendments made by this section shall first be issued, on an interim or other basis, not later than the effective date.

(e) The Secretary of Labor, in consultation with the Attorney General and the Secretary of Agriculture, shall report to the Congress not later than 18 months after the effective date on recommendations for improvements in the temporary alien worker program amended by this section, including recommendations

(1) improving the timeliness of decisions regarding admission of temporary foreign workers under the program,

(2) removing any current economic disincentives to hiring United States citizens or permanent resident aliens where temporary foreign workers have been requested, and

(3) improving the cooperation among government agencies, employers, employer associations, workers, unions, and other worker associations to end the dependence of any industry on a constant supply of temporary foreign workers.

(f) It is the sense of Congress that the President should establish an advisory commission which shall consult with the Government of Mexico and advise the Attorney General regarding the operation of the alien temporary worker program established under section 214 (c) of the Immigration and Nationality Act.

STUDENTS

SEC. 212 (a) Section 212 (e) (8 U.S.C. 1182 (e)) is amended

(1) by striking out "(e) No person" and inserting in lieu thereof "(e) (1) No person (A)",

(2) by inserting after "training," the following: "or (B) except as provided in paragraph (2), admitted under subparagraph (F) or (M) of section 101 (a) (15) or acquiring such status after admission,",

(3) by striking out "clause (iii)" in the second proviso and inserting in lieu thereof "clause (A) (iii) or clause (B) of the first sentence",

(4) by striking out ": Provided, That upon, and inserting in lieu thereof ". Upon",

(5) by striking out ": And provided further, That except" and inserting in lieu thereof ". Except", and

(6) by adding at the end the following:

"The Attorney General may waive such two-year foreign residence requirement in the case of an alien described in clause (B) of the first sentence who is an immediate relative (as specified in section 201 (b)).

"(2) The Attorney General, in the case of an alien described in clause (B) of the first sentence of paragraph (1) who has the status of a nonimmigrant under section 101 (a) (15) (F), may waive the two-year foreign residence requirement of paragraph (1) if the Attorney General determines that the waiver is in the public interest and that

"(A) the alien

"(i) has obtained a degree in a natural science, mathematics, computer science, or an engineering field from a college or university in the United States,

"(ii) is applying for a visa as an immigrant described in paragraph (3) or (6) of section 203 (a),

"(iii) (I) has been offered a position on the faculty (including as a researcher) of a college or university in the United States in the field in which he obtained the degree, or

"(II) has been offered a research or technical position by an employer in the field in which he obtained the degree,

"(iv) has received a certification under section 212 (a) (14) with respect to such position, and

"(v) has applied for a waiver under this paragraph before September 30, 1989; or

"(B) the alien

"(i) has obtained a degree in a natural science, mathematics, computer science, or in a field of engineering or business,

“(ii) is applying for a visa as a nonimmigrant described in section 101 (a) (15) (H) (iii),

"(iii) will receive no more than three years of training by a firm, corporation, or other legal entity in the United States, which training will enable the alien to return to the country of his nationality or last residence and be employed there as a manager by the same firm, corpɔration, or other legal entity, or a branch, subsidiary, or affiliate thereof, and

“(iv) furnishes the Attorney General each year with an affidavit (in such form as the Attorney General shall prescribe) that attests that the alien (I) is in good standing in the training program in which the alien is participating, and (II) will return to the country of his nationality or last residence upon completion of the training program.". (b) Section 245 (c) (8 U.S.C. 1255 (c)) is amended by striking out "oi" before “(3)" and by inserting before the period at the end the following: “, or (4) an alien (other than an immediate relative specified in section 201(b) or an alien who has received a waiver under section 212(e) (2) (A)) who entered the United States classified as a nonimmigrant under subparagraph (F) or (M) of section 101(a) (15) or who was admitted as a nonimmigrant visitor without a visa under subsection (1) or (m) of section 212.”.

(c) Section 244 (b) (8 U.S.C. 1254 (b)) is amended

(1) by striking out "(b)" and inserting in lieu thereof “(b)(1)”, and (2) by adding at the end the following:

“(2) In determining the period of continuous physical presence in the United States under subsection (a), there shall not be included any period in which the alien was in the United States as-

"(A) a nonimmigrant described in subparagraph (F) or (M) of section 101 (a) (15), or

"(B) a nonimmigrant described in section 101(a) (15) (H) (iii), pursuant to a waiver under section 212(e) (2) (B).”.

(d) (1) The amendments made by subsection (a) apply to aliens admitted to the United States as a nonimmigrant described in subparagraph (F) or (M) of section 101 (a) (15) of the Immigration and Nationality Act after the date of the enactment of this Act or who otherwise acquire such status after such date.

(2) The amendments made by subsection (b) apply to aliens without regard to the date the aliens enter the United States.

(3) The amendments made by subsection (c) apply to periods occurring on or after the date of the enactment of this Act and sha'l not have the effect of excluding (in the determination of a period of continuous physical presence in the United States) any period before the date of the enactment of this Act.

VISA WAIVER FOR CERTAIN VISITORS

SEC. 213. (a) Section 212 (8 U.S.C. 1182) is amended by adding at the end thereof the following new subsections:

"(1) (1) The Attorney General and the Secretary of State are authorized to establish a pilot program (hereinafter in this subsection referred to as the 'program') under which the requirement of paragraph (26) (B) of subsection (a) may be waived by the Attorney General and the Secretary of State, acting jointly and in accordance with this subsection, in the case of an alien who

"(A) is applying for admission during the pilot program period (as defined in paragraph (5)) as a nonimmigrant visitor (described in paragraph (5)) as a nonimmigrant visitor (described in section 101(a) (15) (B)) for a period not exceeding 90 days;

"(B) is a national of a country which

"(i) extends or agrees to extend reciprocal privileges to citizens and nationals of the United States, and

"(ii) is designated as a pilot country under paragraph (3); "(C) before such admission completes such immigration form as the Attorney General shall establish under paragraph (2) (C) and executes a waiver of review and appeal described in paragraph (2) (D);

"(D) has a round trip, nonrefundable, nontransferable open-dated transportation ticket which

“(i) is issued by a carrier which has entered into an agreement described in paragraph (4), and

"(ii) guarantees transport of the alien out of the United States at the end of the alien's visit; and

"(E) has been determined not to represent a threat to the welfare, safety, or security of the United States;

except that no such alien may be admitted without a visa pursuant to this subsection if the alien failed to comply with the conditions of any previous admission as a nonimmigrant.

"(2) (A) The program may not be put into operation until the end of the 30-day period beginning on the date that the Attorney General submits to the Congress a certification that the screening and monitoring system described in subparagraph (B) is operational and that the form described in subparagraph (C) has been produced.

"(B) The Attorney General in cooperation with the Secretary of State shall develop and establish an automated data arrival and departure control system to screen and monitor the arrival and departure into the United States of nonimmigrant visitors receiving a visa waiver under the program.

"(C) The Attorney General shall develop a form for use under the program. Such form shall be consistent and compatible with the control system developed under subparagraph (B). Such form shall provide for, among other items—

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(i) a summary description of the conditions for excluding nonimmigrant visitors from the United States under subsection (a) and this subsection, "(ii) a description of the conditions of entry with a waiver under this subsection, including the limitation of such entry to 90 days and the consequences of failure to abide by such conditions, and

“(iii) questions for the alien to answer concerning any previous denial of the alien's application for a visa.

"(D) An alien may not be provided a waiver under this subsection unless the alien has waived any right (i) to review or appeal under the Act of an immigration officer's determination as to the admissivility of the alien at the port of entry into the United States or (ii) to contest, other than on the basis of an application for asylum, any action for deportation against the alien.

“(3)(A) The Attorney General and the Secretary of State acting jointly may designate up to five countries as pilot countries for purposes of this subsection.

"(B) For the period beginning after the 30-day period described in paragraph (2)(A) and ending on the last day of the first fiscal year which begins after such 30-day period, a country may not be designated as a pilot country unless the sum of

“(i) the total number of refusals during the fiscal year ending immediately before such 30-day period of nonimmigrant visitor visas for nationals of that country, and

"(ii) the total of the number of nationals of that country who were excluded from admission or withdrew their application for admission during such fiscal year as a nonimmigrant visitor,

was less than 2.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during such fiscal year. "(C) For each fiscal year (within the pilot program period) after the period specified in subparagraph (B)—

"(i) in the case of a country which was a pilot country in the previous fiscal year, a country may not be designated as a pilot country unless the sum of

"(I) the total of the number of nationals of that country who were excluded from admission or withdrew their application for admission during such previous fiscal year as a nonimmigrant visitor, and

"(II) the total number of nationals of that country who were admitted as nonimmigrant visitors during such previous fiscal year and who violated the terms of such admission,

was less than 2.0 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such previous fiscal year, or

"(ii) in the case of another country, the country may not be designated as a pilot country unless the sum of

"(I) the total number of refusals during the previous fiscal year of nonimmigrant visitor visas for nationals of that country, and

"(II) the total of the number of nationals of that country who were excluded from admission or withdrew their application for admission during such previous fiscal year as a nonimmigrant visitor,

was less than 2.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during such previous fiscal year.

"(4) The agreement referred to in paragraph (1) (D) (i) is an agreement between a carrier and the Attorney General under which the carrier agrees, in consideration of the waiver of the visa requirement with respect to a nonimmigrant visitor under this subsection—

“(A) to indemnify the United States against any costs for the transportation of the alien from the United States if the visitor is refused admission to the United States or remains in the United States unlawfully after the 90-day period described in paragraph (1)(A) (i), and

"(B) to submit daily to immigration officers any immigration forms received with respect to nonimmigrant visitors provided a waiver under this subsection.

The Attorney General may terminate such an agreement with five days' notice to the carrier for the carrier's failure to meet the terms of such agreement. "(5) For purposes of this subsection, the term 'pilot program period' means the period beginning at the end of the 30-day period referred to in paragraph (2) (A) and ending on the last day of the third fiscal year which begins after such 30-day period.

"(6) The Attorney General and the Secretary of State shall jointly monitor the program and shall report to the Congress not later than two years after the beginning of the pilot program, and shall include in such report recommendations respecting extension of the pilot program period and of the number of countries that may be designated under paragraph (3)(A).

"(m) The requirement of paragraph (26) (B) of subsection (a) may be waived by the Attorney General, the Secretary of State, and the Secretary of the Interior, acting jointly, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay on Guam for a period not to exceed 15 days, if the Attorney General, the Secretary of State, and the Secretary of the Interior jointly determine that

"(1) the Territory of Guam has developed an adequate arrival and departure control system, and

"(2) such a waiver does not present a threat to the welfare, safety, or security of the United States.".

(b) Section 214 (a) (8 U.S.C. 1184 (a)) is amended by adding at the end the following new sentence: "No alien admitted to the United States without a visa pursuant to subsection (1) or (m) of section 212 may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days or 15 days, respectively, from the date of admissiou.”.

(c) For amendment prohibiting nonimmigrant visitors entering under visa waivers from adjusting their status to immigrants, see section 212(b) of this Act.

(d) Section 248 (8 U.S.C. 1258) is amended by striking out "and" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof ", and" and by adding at the end thereof the following new paragraph:

"(4) an alien admitted as a nonimmigrant visitor without a visa under subsection (1) or (m) of section 212.".

TITLE III—LEGALIZATION

LEGALIZATION

SEC. 301. (a) Chapter 5 of title II is amended by inserting after section 245 (8 U.S.C. 1255) the following new section:

"ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS BEFORE JANUARY 1, 1980, TO THAT OF PERSON ADMITTED FOR TEMPORARY OR PERMANENT RESIDENCE

"SEC. 245A. (a) The Attorney General may, in his discretion and under such regulations as he shall prescribe, adjust the status of an alien to that of an alien lawfully admitted for permanent residence if—

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‘(1) the alien applies for such adjustment during 1983,

‘(2)(A) the alien (other than an alien who entered as a nonimmigrant) establishes that he entered the United States prior to January 1, 1977, and has resided continuously in the United States in an unlawful status since January 1, 1977, or

"(B) the alien entered the United States as a nonimmigrant before January 1, 1977, the aliens period of authorized stay as a nonimmigrant expired before January 1, 1977, through the passage of time or the aliens unlawful status was known to the Government as of January 1, 1977, and the alien has resided continuously in the United States in an unlawful status since January 1, 1977; and

“(C) in the case of an alien who at any time was a nonimmigrant exchange alien (as defined in section 101(a) (15) (J)), the alien was not subject to the two-year foreign residence requirement of section 212(e) or has fulfilled that requirement or received a waiver thereof; and

"(3) the alien

"(A) is admissible to the United States as an immigrant, except as otherwise provided under subsection (c) (3),

"(B) has not been convicted of any felony or of three or more misdemeanors committed in the United States, and

"(C) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion.

"(b) (1) The Attorney General, in his discretion and under such regulations as he shall prescribe, may adjust the status of an alien to that of an alien lawfully admitted for temporary residence if—

"(A) the alien applies for such adjustment during 1983;

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‘(B) (i) (I) the alien (other than an alien who entered as a nonimmigrant) establishes that he entered the United States prior to January 1, 1980, and has resided continuously in the United States in an unlawful status since January 1, 1980, or

"(II) the alien entered the United States as a nonimmigrant before January 1, 1980, the alien's period of authorized stay as a nonimmigrant expired before January 1, 1980, through the passage of time or the aliens' unlawful status was known to the Government as of January 1, 1980, and the alien has resided continuously in the United States in an unlawful status since January 1, 1980; and

"(III) in the case of an alien who at any time was a nonimmigrant exchange alien (as defined in section 101 (a) (15) (J)), the alien was not subject to the two-year foreign residence requirement of section 212(e) or has fulfilled that requirement or received a waiver thereof; or

"(ii) the alien is

"(I) a national of Cuba who arrived in the United States and presented himself for inspection after April 20, 1980, and before January 1, 1981, and who is still physically present in the United States;

"(II) a national of Haiti who on December 31, 1980, was the subject of exclusion or deportation proceedings under section 236 or section 242 of