Page:United States Statutes at Large Volume 95.djvu/1647

 PUBLIC LAW 97-116—DEC. 29, 1981

95 STAT. 1621

(n) Section 322 (8 U.S.C. 1433) is further amended by adding after subsection (b) the following new subsection: "(c) In the case of an adopted child (1) who is in the United States at the time of naturalization, and (2) one of whose adoptive parents (A) petitions for naturalization of the child under this section, (B) meets the criteria of clauses (A), (B), and (C) of section 319(b)(l), and (C) declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of the employment described in section 319(b)(l)(B), no specified period of residence within the jurisdiction of the naturalization court or proof thereof shall be required.". (o) The fourth sentence of section 337(a) (8 U.S.C. 1448(a)) is amended by striking out "or 323". (p) Section 341 (8 U.S.C. 1452) is amended by striking out "(3), (4), (5), or (7) of section 301(a)" and inserting in lieu thereof "(c), (d), (e), or (g) of section 301". (q) Section 349 (8 U.S.C. 1481), as amended by section 4 of Public Law 95-432, is amended by striking out the second "(a)" after "349.". (r) Section 351 (8 U.S.C. 1483) is amended— (1) by striking out "paragraphs (7), (8), and (9) of section 349" in suljsection (a) and inserting in lieu thereof "paragraphs (6) and (7) of section 349(a)", and (2) by striking out "(5), and (6)" in subsection (b) and inserting in lieu thereof and (5)". (s) Section 404 (8 U.S.C. 1101 note) is amended by inserting "(other than chapter 2 of title IV)" after "this Act". (t) The table of contents is amended by striking out the items relating to sections 345,350,352,353,354, and 355. (u)(l) Section 1429 of title 18, United States (Dode, is amended by striking out "subsection (e)" and inserting in lieu thereof "subsection (d)". (2) The Act of March 16, 1956 (8 U.S.C 1401a) is amended by striking out "301(a)(7)" and inserting in lieu thereof "301(g.)". SEC. 19. The numerical limitations contained in sections 201 and 202 of the Immigration and Nationality Act shall not apply to any alien who is present in the United States and who, on or before June 1, 1978— (1) qualified as a nonpreference immigrant under section 203(a)(8) of such Act (as in effect on June 1, 1978); (2) was determined to be exempt from the labor certification requirement of section 212(a)(14) of such Act because the alien had actually invested, before such date, capital in an enterprise in the United States of which the alien became a principal manager and which employed a person or persons (other than the spouse or children of the alien) who are citizens of the United States or aliens lawfully admitted for permanent residence; and (3) applied for adjustment of status to that of an alien lawfully admitted for permanent residence. SEC. 20. Section 201(a) (8 U.S.C. 1151(a)) is amended by inserting after "two hundred seventy thousand" the following: ": Provided, That to the extent that in a particular fiscal year the number of aliens who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitations of this section, together with the aliens who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 101(a)(27) or section 19 of the Immigration and Nationality Amendments Act of 1981, exceed the annual numerical limitation in effect

8 USC 1430.

8 USC 1151 note. 8 USC 1151, ^^^^ 8 USC 1153. 8 USC 1182.

8 USC 1101. Supra.

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