Page:United States Statutes at Large Volume 98 Part 1.djvu/723

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 675

gration and Nationality Act (other than as a student), 8 USC 1101. and "(ii) who substantially complies with the requirements for being so present. "(D) STUDENT.—The term 'student' means any individual— "(i) who is temporarily present in the United States— "(I) under subparagraph (F) of section 101(15) of the Immigration and Nationality Act, or 8 USC llOl. ^'' "(II) as a student under subparagraph (J) of such section 101(15), and "(ii) who substantially complies with the requirements for being so present. "(E) SPECIAL RULES FOR TEACHERS, TRAINEES, AND STUDENTS.— "(i) LIMITATION ON TEACHERS AND TRAINEES.—An in-

dividual shall not be treated as an exempt individual by reason of clause (ii) of subparagraph (A) for the current year if, for any 2 calendar years during the preceding 6 calendar years, such person was an exempt person under clause (ii) or (iii) of subparagraph (A). "(ii)

LIMITATION ON STUDENTS.—For any

calendar

year after the 5th calendar year for which an individual was an exempt individual under clause (ii) or (iii) of subparagraph (A), such individual shall not be treated as an exempt individual by reason of clause (iii) of "^'^ • subparagraph (A), unless such individual establishes to the satisfaction of the Secretary that such individual does not intend to permanently reside in the United States and that such individual meets the requirements ' of subparagraph (D)(ii). "(5) LAWFUL PERMANENT RESIDENT.—For purposes of this subsection, an individual is a lawful permanent resident of the United States at any time if— "(A) such individual has 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permanently in the United States as an immigrant in accordance with the immigration laws, and "(B) such status has not been revoked (and has not been administratively or judicially determined to have been abandoned). "(6) PRESENCE IN THE UNITED STATES.—For purposes of this subsection— "(A) IN GENERAL.—Except as provided in subparagraph (B) or (C), an individual shall be treated as present in the United States on any day if such individual is physically present in the United States at any time during such day. "(B) COMMUTERS FROM CANADA OR MEXICO.—If an individual regularly commutes to employment (or self-employment) in the United States from a place of residence in Canada or Mexico, such individual shall not be treated as present in the United States on any day during which he so commutes. "(C) TRANSIT BETWEEN 2 FOREIGN POINTS.—If an individual, who is in transit between 2 points outside the United

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