PUBLIC LAW 103-416—OCT. 25, 1994 108 STAT. 4313 SEC. 211. CREATION OF PROBATIONARY STATUS FOR PARTICIPANT COUNTRIES IN THE VISA WAIVER PROGRAM. Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended— (1) in subsection (a)(2)(B) by inserting before the period "or is designated as a pilot program country with probationary status under subsection (g)"; (2) by adding at the end the following new subsection: "(g) PILOT PROGRAM COUNTRY WITH PROBATIONARY STATUS.— "(1) IN GENERAL. — The Attorney General and the Secretary J of State acting jointiy may designate any country as a pilot progrsim country with probationary status if it meets the requirements of paragraph (2). "(2) QUALIFICATIONS.— ^A country may not be designated as a pilot program country with probationary status unless the following requirements are met: "(A) NONIMMIGRANT VISA REFUSAL RATE FOR PREVIOUS 2-YEAR PERIOD.—The average number of refusals of nonimmigrant visitor visas for nationals of the country during the two previous fiili fiscal years was less than 3.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refiised during those years. "(B) NONIMMIGRANT VISA REFUSAL RATE FOR PREVIOUS YEAR.— The number of refusals of nonimmigrant visitor visas for nationals of the country diuing the previous full fiscal year was less than 3 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year. "(C) Low EXCLUSIONS AND VIOLATIONS RATE FOR PRE- VIOUS YEAR.— The sum of— "(i) the total number of nationals of that countiy who were excluded from admission or withdrew their application for admission during the preceding fiscal year as a nonimmigrant visitor, and "(ii) the total number of nationals of that country who were admitted as nonimmigrant visitors during the preceding fiscal year and who violated the terms of such admission, was less than 1.5 percent of the total number of nationals of that country who appHed for admission as nonimmigrant visitors during the preceding fiscsil year. " (D) MACHINE READABLE PASSPORT PROGRAM. —The • government of the country certifies that it has or is in
- the process of developing a program to issue machinereadable passports to its citizens.
" (3) CONTINUING AND SUBSEQUENT QUALIFICATIONS FOR PILOT PROGRAM COUNTRIES WITH PROBATIONARY STATUS.—The designation of a country as a pilot program country with probationary status shall terminate if either of the following occurs: "(A) The sum of— "(i) the total number of nationals of that country who were excluded from admission or withdrew their appHcation for admission during the preceding fiscal year as a nonimmigrant visitor, and
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