8 U.S.C. § 1288 — Limitations on performance of longshore

Page 386 TITLE 8—ALIENS AND NATIONALITY § 1287 district in which the violation occurred the sum of $1,000’’ in second sentence, ‘‘Commissioner’’ for ‘‘col- lector of customs’’ in third sentence, and ‘‘$1,500’’ for ‘‘$500’’ in fourth sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1287. Alien crewmen brought into the United States with intent to evade immigration laws; penalties Any person, including the owner, agent, con- signee, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof, who shall know- ingly sign on the vessel’s articles, or bring to the United States as one of the crew of such ves- sel or aircraft, any alien, with intent to permit or assist such alien to enter or land in the United States in violation of law, or who shall falsely and knowingly represent to a consular officer at the time of application for visa, or to the immigration officer at the port of arrival in the United States, that such alien is a bona fide member of the crew employed in any capacity regularly required for normal operation and services aboard such vessel or aircraft, shall be liable to a penalty not exceeding $10,000 for each such violation, for which sum such vessel or air- craft shall be liable and may be seized and pro- ceeded against by way of libel in any district court of the United States having jurisdiction of the offense. (June 27, 1952, ch. 477, title II, ch. 6, § 257, 66 Stat. 223; Pub. L. 101–649, title V, § 543(a)(7), Nov. 29, 1990, 104 Stat. 5058.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–649 substituted ‘‘$10,000’’ for ‘‘$5,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1288. Limitations on performance of longshore work by alien crewmen (a) In general For purposes of section 1101(a)(15)(D)(i) of this title, the term ‘‘normal operation and service on board a vessel’’ does not include any activity that is longshore work (as defined in subsection (b)), except as provided under subsection (c), (d), or (e). (b) ‘‘Longshore work’’ defined (1) In general In this section, except as provided in para- graph (2), the term ‘‘longshore work’’ means any activity relating to the loading or unload- ing of cargo, the operation of cargo-related equipment (whether or not integral to the ves- sel), 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 there- of. (2) Exception for safety and environmental protection The term ‘‘longshore work’’ does not include the loading or unloading of any cargo for which the Secretary of Transportation has, under the authority contained in chapter 37 of title 46 (relating to Carriage of Liquid Bulk Dangerous Cargoes), section 1321 of title 33, section 4106 of the Oil Pollution Act of 1990, or section 5103(b), 5104, 5106, 5107, or 5110 of title 49 prescribed regulations which govern— (A) the handling or stowage of such cargo, (B) the manning of vessels and the duties, qualifications, and training of the officers and crew of vessels carrying such cargo, and (C) the reduction or elimination of dis- charge during ballasting, tank cleaning, handling of such cargo. (3) Construction Nothing in this section shall be construed as broadening, limiting, or otherwise modifying the meaning or scope of longshore work for purposes of any other law, collective bar- gaining agreement, or international agree- ment. (c) Prevailing practice exception (1) Subsection (a) shall not apply to a par- ticular activity of longshore work in and about a local port if— (A)(i) there is in effect in the local port one or more collective bargaining agreements each covering at least 30 percent of the number of individuals employed in performing longshore work and (ii) each such agreement (covering such percentage of longshore workers) permits the activity to be performed by alien crewmen under the terms of such agreement; or (B) there is no collective bargaining agree- ment in effect in the local port covering at least 30 percent of the number of individuals employed in performing longshore work, and an employer of alien crewmen (or the employ- er’s designated agent or representative) has filed with the Secretary of Labor at least 14 days before the date of performance of the ac- tivity (or later, if necessary due to an unan- ticipated emergency, but not later than the date of performance of the activity) an attes- tation setting forth facts and evidence to show that— (i) the performance of the activity by alien crewmen is permitted under the prevailing practice of the particular port as of the date Page 387 TITLE 8—ALIENS AND NATIONALITY § 1288 of filing of the attestation and that the use of alien crewmen for such activity— (I) is not during a strike or lockout in the course of a labor dispute, and (II) is not intended or designed to influ- ence an election of a bargaining represent- ative for workers in the local port; and (ii) notice of the attestation has been pro- vided by the owner, agent, consignee, mas- ter, or commanding officer to the bargaining representative of longshore workers in the local port, or, where there is no such bar- gaining representative, notice of the attesta- tion has been provided to longshore workers employed at the local port. In applying subparagraph (B) in the case of a particular activity of longshore work consisting of the use of an automated self-unloading con- veyor belt or vacuum-actuated system on a ves- sel, the attestation shall be required to be filed only if the Secretary of Labor finds, based on a preponderance of the evidence which may be submitted by any interested party, that the per- formance of such particular activity is not de- scribed in clause (i) of such subparagraph. (2) Subject to paragraph (4), an attestation under paragraph (1) shall— (A) expire at the end of the 1-year period be- ginning on the date of its filing with the Sec- retary of Labor, and (B) apply to aliens arriving in the United States during such 1-year period if the owner, agent, consignee, master, or commanding offi- cer states in each list under section 1281 of this title that it continues to comply with the conditions in the attestation. (3) An owner, agent, consignee, master, or commanding officer may meet the requirements under this subsection with respect to more than one alien crewman in a single list. (4)(A) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list iden- tifying owners, agents, consignees, masters, or commanding officers which have filed lists for nonimmigrants described in section 1101(a)(15)(D)(i) of this title with respect to whom an attestation under paragraph (1) or sub- section (d)(1) is made and, for each such entity, a copy of the entity’s attestation under para- graph (1) or subsection (d)(1) (and accompanying documentation) and each such list filed by the entity. (B)(i) The Secretary of Labor shall establish a process for the receipt, investigation, and dis- position of complaints respecting an entity’s failure to meet conditions attested to, an enti- ty’s misrepresentation of a material fact in an attestation, or, in the case described in the last sentence of paragraph (1), whether the perform- ance of the particular activity is or is not de- scribed in paragraph (1)(B)(i). (ii) Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appro- priate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). (iii) The Secretary shall promptly conduct an investigation under this subparagraph if there is reasonable cause to believe that an entity fails to meet conditions attested to, an entity has misrepresented a material fact in the attesta- tion, or, in the case described in the last sen- tence of paragraph (1), the performance of the particular activity is not described in paragraph (1)(B)(i). (C)(i) If the Secretary determines that reason- able cause exists to conduct an investigation with respect to an attestation, a complaining party may request that the activities attested to by the employer cease during the hearing process described in subparagraph (D). If such a request is made, the attesting employer shall be issued notice of such request and shall respond within 14 days to the notice. If the Secretary makes an initial determination that the com- plaining party’s position is supported by a pre- ponderance of the evidence submitted, the Sec- retary shall require immediately that the em- ployer cease and desist from such activities until completion of the process described in sub- paragraph (D). (ii) If the Secretary determines that reason- able cause exists to conduct an investigation with respect to a matter under the last sentence of paragraph (1), a complaining party may re- quest that the activities of the employer cease during the hearing process described in subpara- graph (D) unless the employer files with the Sec- retary of Labor an attestation under paragraph (1). If such a request is made, the employer shall be issued notice of such request and shall re- spond within 14 days to the notice. If the Sec- retary makes an initial determination that the complaining party’s position is supported by a preponderance of the evidence submitted, the Secretary shall require immediately that the employer cease and desist from such activities until completion of the process described in sub- paragraph (D) unless the employer files with the Secretary of Labor an attestation under para- graph (1). (D) Under the process established under sub- paragraph (B), the Secretary shall provide, with- in 180 days after the date a complaint is filed (or later for good cause shown), for a determination as to whether or not a basis exists to make a finding described in subparagraph (E). The Sec- retary shall provide notice of such determina- tion to the interested parties and an oppor- tunity for a hearing on the complaint within 60 days of the date of the determination. (E)(i) If the Secretary of Labor finds, after no- tice and opportunity for a hearing, that an enti- ty has failed to meet a condition attested to or has made a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 for each alien crewman performing unauthorized longshore work) as the Secretary determines to be appro- priate. Upon receipt of such notice, the Attorney General shall not permit the vessels owned or chartered by such entity to enter any port of the United States during a period of up to 1 year. (ii) If the Secretary of Labor finds, after no- tice and opportunity for a hearing, that, in the case described in the last sentence of paragraph Page 388 TITLE 8—ALIENS AND NATIONALITY § 1288 1 So in original. The word ‘‘at’’ probably should not appear. (1), the performance of the particular activity is not described in subparagraph (B)(i), the Sec- retary shall notify the Attorney General of such finding and, thereafter, the attestation de- scribed in paragraph (1) shall be required of the employer for the performance of the particular activity. (F) A finding by the Secretary of Labor under this paragraph that the performance of an activ- ity by alien crewmen is not permitted under the prevailing practice of a local port shall preclude for one year the filing of a subsequent attesta- tion concerning such activity in the port under paragraph (1). (5) Except as provided in paragraph (5) of sub- section (d), this subsection shall not apply to longshore work performed in the State of Alas- ka. (d) State of Alaska exception (1) Subsection (a) shall not apply to a par- ticular activity of longshore work at a par- ticular location in the State of Alaska if an em- ployer of alien crewmen has filed an attestation with the Secretary of Labor at least 30 days be- fore the date of the first performance of the ac- tivity (or anytime up to 24 hours before the first performance of the activity, upon a showing that the employer could not have reasonably an- ticipated the need to file an attestation for that location at that time) setting forth facts and evidence to show that— (A) the employer will make a bona fide re- quest for United States longshore workers who are qualified and available in sufficient num- bers to perform the activity at the particular time and location from the parties to whom notice has been provided under clauses (ii) and (iii) of subparagraph (D), except that— (i) wherever two or more contract steve- doring companies have signed a joint collec- tive bargaining agreement with a single labor organization described in subpara- graph (D)(i), the employer may request longshore workers from only one of such contract stevedoring companies, and (ii) a request for longshore workers to an operator of a private dock may be made only for longshore work to be performed at that dock and only if the operator meets the re- quirements of section 932 of title 33; (B) the employer will employ all those United States longshore workers made avail- able in response to the request made pursuant to subparagraph (A) who are qualified and available in sufficient numbers and who are needed to perform the longshore activity at the particular time and location; (C) the use of alien crewmembers for such activity is not intended or designed to influ- ence an election of a bargaining representative for workers in the State of Alaska; and (D) notice of the attestation has been pro- vided by the employer to— (i) labor organizations which have been recognized as exclusive bargaining rep- resentatives of United States longshore workers within the meaning of the National Labor Relations Act [29 U.S.C. 151 et seq.] and which make available or intend to make available workers to the particular location where the longshore work is to be performed, (ii) contract stevedoring companies which employ or intend to employ United States longshore workers at that location, and (iii) operators of private docks at which the employer will use longshore workers. (2)(A) An employer filing an attestation under paragraph (1) who seeks to use alien crewmen to perform longshore work shall be responsible while at 1 the attestation is valid to make bona fide requests for United States longshore work- ers under paragraph (1)(A) and to employ United States longshore workers, as provided in para- graph (1)(B), before using alien crewmen to per- form the activity or activities specified in the attestation, except that an employer shall not be required to request longshore workers from a party if that party has notified the employer in writing that it does not intend to make avail- able United States longshore workers to the lo- cation at which the longshore work is to be per- formed. (B) If a party that has provided such notice subsequently notifies the employer in writing that it is prepared to make available United States longshore workers who are qualified and available in sufficient numbers to perform the longshore activity to the location at which the longshore work is to be performed, then the em- ployer’s obligations to that party under sub- paragraphs (A) and (B) of paragraph (1) shall begin 60 days following the issuance of such no- tice. (3)(A) In no case shall an employer filing an attestation be required— (i) to hire less than a full work unit of United States longshore workers needed to perform the longshore activity; (ii) to provide overnight accommodations for the longshore workers while employed; or (iii) to provide transportation to the place of work, except where— (I) surface transportation is available; (II) such transportation may be safely ac- complished; (III) travel time to the vessel does not ex- ceed one-half hour each way; and (IV) travel distance to the vessel from the point of embarkation does not exceed 5 miles. (B) In the cases of Wide Bay, Alaska, and Klawock/Craig, Alaska, the travel times and travel distances specified in subclauses (III) and (IV) of subparagraph (A)(iii) shall be extended to 45 minutes and 71⁄2 miles, respectively, unless the party responding to the request for longshore workers agrees to the lesser time and distance limitations specified in those sub- clauses. (4) Subject to subparagraphs (A) through (D) of subsection (c)(4), attestations filed under para- graph (1) of this subsection shall— (A) expire at the end of the 1-year period be- ginning on the date the employer anticipates the longshore work to begin, as specified in the attestation filed with the Secretary of Labor, and (B) apply to aliens arriving in the United States during such 1-year period if the owner, Page 389 TITLE 8—ALIENS AND NATIONALITY § 1288 agent, consignee, master, or commanding offi- cer states in each list under section 1281 of this title that it continues to comply with the conditions in the attestation. (5)(A) Except as otherwise provided by sub- paragraph (B), subsection (c)(3) and subpara- graphs (A) through (E) of subsection (c)(4) shall apply to attestations filed under this subsection. (B) The use of alien crewmen to perform longshore work in Alaska consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel shall be governed by the provisions of subsection (c). (6) For purposes of this subsection— (A) the term ‘‘contract stevedoring compa- nies’’ means those stevedoring companies li- censed to do business in the State of Alaska that meet the requirements of section 932 of title 33; (B) 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 ref- erence to industry standards in the State of Alaska, including safety considerations. (e) Reciprocity exception (1) In general Subject to the determination of the Sec- retary of State pursuant to paragraph (2), the Attorney General shall permit an alien crew- man to perform an activity constituting longshore work if— (A) the vessel is registered in a country that by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels; and (B) nationals of a country (or countries) which by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels hold a majority of the ownership interest in the vessel. (2) Establishment of list The Secretary of State shall, in accordance with section 553 of title 5, compile and annu- ally maintain a list, of longshore work by par- ticular activity, of countries where perform- ance of such a particular activity by crew- members aboard United States vessels is pro- hibited by law, regulation, or in practice in the country. By not later than 90 days after November 29, 1990, the Secretary shall publish a notice of proposed rulemaking to establish such list. The Secretary shall first establish such list by not later than 180 days after No- vember 29, 1990. (3) ‘‘In practice’’ defined For purposes of this subsection, the term ‘‘in practice’’ refers to an activity normally per- formed in such country during the one-year period preceding the arrival of such vessel into the United States or coastal waters thereof. (June 27, 1952, ch. 477, title II, ch. 6, § 258, as added Pub. L. 101–649, title II, § 203(a)(1), Nov. 29, 1990, 104 Stat. 5015; amended Pub. L. 102–232, title III, § 303(a)(4), Dec. 12, 1991, 105 Stat. 1747; Pub. L. 103–198, § 8(a), (b), Dec. 17, 1993, 107 Stat. 2313, 2315; Pub. L. 103–206, title III, § 323(a), (b), Dec. 20, 1993, 107 Stat. 2428, 2430; Pub. L. 103–416, title II, § 219(f), (gg), Oct. 25, 1994, 108 Stat. 4317, 4319; Pub. L. 104–208, div. C, title VI, § 671(e)(4)(B), Sept. 30, 1996, 110 Stat. 3009–723.) Editorial Notes REFERENCES IN TEXT Section 4106 of the Oil Pollution Act of 1990, referred to in subsec. (b)(2), is section 4106 of Pub. L. 101–380, title IV, Aug. 18, 1990, 104 Stat. 513, which amended former section 1228 of Title 33, Navigation and Navi- gable Waters, and sections 6101 and 9101 of Title 46, Shipping. The National Labor Relations Act, referred to in sub- sec. (d)(1)(D)(i), is act July 5, 1935, ch. 372, 49 Stat. 452, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete clas- sification of this Act to the Code, see section 167 of Title 29 and Tables. AMENDMENTS 1996—Subsec. (b)(2). Pub. L. 104–208 substituted ‘‘sec- tion 5103(b), 5104, 5106, 5107, or 5110 of title 49’’ for ‘‘sec- tion 105 or 106 of the Hazardous Materials Transpor- tation Act (49 U.S.C. App. 1804, 1805)’’. 1994—Subsecs. (a), (c)(4)(A), (5). Pub. L. 103–416, § 219(gg), repealed Pub. L. 103–198, § 8(b), which had made amendments identical to those made by Pub. L. 103–206, § 323(b). See 1993 Amendment note below. Subsec. (d). Pub. L. 103–416, § 219(gg), repealed Pub. L. 103–198, § 8(a), which had made an amendment substan- tially identical to that made by Pub. L. 103–206, § 323(a). See 1993 Amendment note below. Subsec. (d)(3)(B). Pub. L. 103–416, § 219(f), substituted ‘‘subparagraph (A)(iii)’’ for ‘‘subparagraph (A)’’. Subsec. (e). Pub. L. 103–416, § 219(gg), repealed Pub. L. 103–198, § 8(a), which had made an amendment substan- tially identical to that made by Pub. L. 103–206, § 323(a). See 1993 Amendment note below. 1993—Subsec. (a). Pub. L. 103–206, § 323(b)(1), sub- stituted ‘‘subsection (c), (d), or (e)’’ for ‘‘subsection (c) or subsection (d)’’. Pub. L. 103–198, § 8(b)(1), which amended subsec. (a) identically, was repealed by Pub. L. 103–416, § 219(gg). Subsec. (c)(4)(A). Pub. L. 103–206, § 323(b)(2), inserted ‘‘or subsection (d)(1)’’ after ‘‘paragraph (1)’’ in two places. Pub. L. 103–198, § 8(b)(2), which amended subpar. (A) identically, was repealed by Pub. L. 103–416, § 219(gg). Subsec. (c)(5). Pub. L. 103–206, § 323(b)(3), added par. (5). Pub. L. 103–198, § 8(b)(3), which amended subsec. (c) identically, was repealed by Pub. L. 103–416, § 219(gg). Subsecs. (d), (e). Pub. L. 103–206, § 323(a), added subsec. (d) and redesignated former subsec. (d) as (e). Pub. L. 103–198, § 8(a), which made substantially identical amendments to this section, was repealed by Pub. L. 103–416, § 219(gg). 1991—Subsec. (c)(2)(B). Pub. L. 102–232 substituted ‘‘each list’’ for ‘‘each such list’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. EFFECTIVE DATE Section applicable to services performed on or after 180 days after Nov. 29, 1990, see section 203(d) of Pub. L. Page 390 TITLE 8—ALIENS AND NATIONALITY § 1301 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title. REGULATIONS Pub. L. 103–206, title III, § 323(c), Dec. 20, 1993, 107 Stat. 2430, provided that: ‘‘(1) The Secretary of Labor shall prescribe such regu- lations as may be necessary to carry out this section [amending this section]. ‘‘(2) Attestations filed pursuant to section 258(c) (8 U.S.C. 1288(c)) with the Secretary of Labor before the date of enactment of this Act [Dec. 20, 1993] shall re- main valid until 60 days after the date of issuance of final regulations by the Secretary under this section.’’ Similar provisions were contained in Pub. L. 103–198, § 8(c), Dec. 17, 1993, 107 Stat. 2315, prior to repeal by Pub. L. 103–416, title II, § 219(gg), Oct. 25, 1994, 108 Stat. 4319. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649 Pub. L. 101–649, title II, § 203(a)(2), Nov. 29, 1990, 104 Stat. 5018, provided that: ‘‘This section [enacting this section, amending section 1101 of this title, and enact- ing provisions set out as a note under section 1101 of this title] does not affect the performance of longshore work in the United States by citizens or nationals of the United States.’’ PART VII—REGISTRATION OF ALIENS § 1301. Alien seeking entry; contents No visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with section 1201(b) of this title. (June 27, 1952, ch. 477, title II, ch. 7, § 261, 66 Stat. 223; Pub. L. 99–653, § 8, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(g), Oct. 24, 1988, 102 Stat. 2617.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–525 made technical correction to Pub. L. 99–653. See 1986 Amendment note below. 1986—Pub. L. 99–653, as amended by Pub. L. 100–525, amended section generally, striking out ‘‘and fingerprinted’’ after ‘‘has been registered’’ and sub- stituting ‘‘section 1201(b) of this title’’ for ‘‘section 1201(b) of this title, unless such alien has been exempt- ed from being fingerprinted as provided in that sec- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–653 applicable to applica- tions for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as a note under section 1201 of this title. § 1302. Registration of aliens (a) It shall be the duty of every alien now or hereafter in the United States, who (1) is four- teen years of age or older, (2) has not been reg- istered and fingerprinted under section 1201(b) of this title or section 30 or 31 of the Alien Reg- istration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. (b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days there- after, apply in person for registration and to be fingerprinted. (c) The Attorney General may, in his discre- tion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in sub- sections (a) and (b) in the case of any non- immigrant. (June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat. 224; Pub. L. 99–653, § 9, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(h), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 103–416, title II, § 219(n), Oct. 25, 1994, 108 Stat. 4317.) Editorial Notes REFERENCES IN TEXT The Alien Registration Act, 1940, referred to in sub- secs. (a) and (b), is act June 28, 1940, ch. 439, 54 Stat. 670. Sections 30 and 31 of that act were classified to sections 451 and 452 of this title and were repealed by section 403(a)(39) of act June 27, 1952. AMENDMENTS 1994—Subsec. (c). Pub. L. 103–416 substituted ‘‘sub- sections (a) and (b)’’ for ‘‘subsection (a) and (b)’’. 1988—Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below. 1986—Pub. L. 99–653, § 9, as amended by Pub. L. 100–525, added subsec. (c). As originally enacted, Pub. L. 99–653, § 9, amended subsec. (a) of this section by strik- ing out ‘‘section 1201(b) of this title or’’ after ‘‘reg- istered and fingerprinted under’’. Pub. L. 100–525 re- vised Pub. L. 99–653, § 9, so as to add subsec. (c) and eliminate the original amendment of subsec. (a), there- by restoring the words ‘‘section 1201(b) of this title or’’. See Effective Date of 1988 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–653 applicable to applica- tions for immigrant visas made, and visas issued, on or