Page:United States Statutes at Large Volume 114 Part 2.djvu/799

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PUBLIC LAW 106-386 —OCT. 28, 2000 114 STAT. 1535 assistance of the spouse, the child, or, in the case of an aUen child, the parent of the alien; and "(iii) the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.". (c) CONDITIONS FOR ADMISSION AND DUTIES OF THE ATTORNEY GENERAL.— Section 214 of such Act (8 U.S.C. 1184) (as amended by section 107 of this Act) is amended by adding at the end the following new subsection: "(o) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U) VISAS.— "(1) PETITIONING PROCEDURES FOR SECTION ioi(a)(i5)(U) VISAS.— The petition filed by an alien under section 101(a)(15)(U)(i) shall contain a certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section 101(a)(15)(U)(iii). This certification may also be provided by an official of the Service whose ability to provide such certification is not limited to information concerning immigration violations. This certification shall state that the alien 'Tias been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of criminal activity described in section 101(a)(15)(U)(iii). " (2) NUMERICAL LIMITATIONS. — "(A) The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 101(a)(15)(U) in any fiscal year shall not exceed 10,000. "(B) The numerical limitations in subparagraph (A) shall only apply to principal aliens described in section 101(a)(15)(U)(i), and not to spouses, children, or, in the case of alien children, the alien parents of such children. " (3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO 'u' VISA NONIMMIGRANTS. —With respect to nonimmigrant aliens described in subsection (a)(15)(U)— "(A) the Attorney General and other government officials, where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the aliens regarding their options while in the United States and the resources available to them; and "(B) the Attorney General shall, during the period those aliens are in lawful temporary resident status under that subsection, provide the aliens with employment authorization. "(4) CREDIBLE EVIDENCE CONSIDERED,— In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition.