12 2 STA T .860PUBLIC LA W 110 – 22 9—M A Y 8 , 2008 fromtheUni te dS t a te s or the C ommon w ea l th pu rsuant to su c h order .‘ ‘ ( f )EF F ECTONO T H E RLAWS . —T he pro v isions of this section and of the immi g ration laws , as defined in section 10 1(a)(1 7 )of the I mmigration and N ationalit yA ct( 8 U.S.C. 1101(a)(17)), shall, on the transition program effective date, supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth. ‘‘(g) ACCR U A L OFT IM E FOR P UR P OSES OF SECTION 2 12(A)( 9 )( B ) OF THE IMMI G RATION AN D NATIONALIT Y ACT.—No time that an alien is present in the Commonwealth in violation of the immigra - tion laws of the Commonwealth shall b e counted for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)). ‘‘(h) R EPORT ON NONRESIDENT G UESTWOR K ER POPULATION.— The Secretary of the Interior, in consultation with the Secretary of H omeland Security, and the Governor of the Commonwealth, shall report to the Congress not later than 2 years after the date of enactment of the Consolidated Natural Resources Act of 2008. The report shall include— ‘‘(1) the number of aliens residing in the Commonwealth
‘‘(2) a description of the legal status (under F ederal law) of such aliens; ‘‘( 3 ) the number of years each alien has been residing in the Commonwealth; ‘‘( 4 ) the current and future re q uirements of the Common- wealth economy for an alien wor k force; and ‘‘( 5 ) such recommendations to the Congress, as the Sec- retary may deem appropriate, related to whether or not the Congress should consider permitting lawfully admitted guest workers lawfully residing in the Commonwealth on such enact- ment date to apply for long-term status under the immigration and nationality laws of the United States. ’ ’. (b) W AI V EROFRE Q UIREMENTS FOR NONIMMIGRANT V ISITORS.— The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))— (A) by striking ‘‘Guam’’ each place such term appears and inserting ‘‘Guam or the Commonwealth of the Northern M ariana Islands’’; and (B) by striking ‘‘fifteen’’ and inserting ‘‘45’’; (2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by amending clause (iii) to read as follows
‘‘(iii) GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER.—For provision authori z ing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection (l).’’; and (3) by amending section 212(l) (8 U.S.C. 1182(l)) to read as follows: ‘‘(l) GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER PRO- GRAM.— ‘‘(1) IN GENERAL.—The requirement of subsection (a)(7)(B)(i) may be waived by the Secretary of Homeland Security, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and
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