Page:United States Statutes at Large Volume 104 Part 6.djvu/682

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104 STAT. 5072 PUBLIC LAW 101-649-NOV. 29, 1990 for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the alien is not a threat to the security of the United States. Germany. "(E) PARTICIPANTS IN NAZI PERSECUTIONS OR GENOCIDE.— "(i) PARTICIPATION IN NAZI PERSECUTIONS. — Any alien who, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with— "(I) the Nazi government of Gtermany, "(II) any government in any area occupied by the military forces of the Nazi government of Germany, "(III) any government established with the assistance or cooperation of the Nazi government of Germany, or "(IV) any government which was an ally of the Nazi government of (Jermany, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion is excludable. "(ii) PARTICIPATION IN GENOCIDE. —Any alien who has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is excludable. "(4) PUBLIC CHARGE. —Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable. "(5) LABOR CERTIFICATION AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS. — " (A) LABOR CERTIFICATION. — "(i) IN GENERAL. —Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is excludable, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that— "(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and "(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed, " (ii) CERTAIN ALIENS SUBJECT TO SPECIAL RULE.—For purposes of clause (i)(D, an alien described in this clause is an alien who— "(I) is a member of the teaching profession, or "(II) has exceptional ability in the sciences or the arts. "(B) UNQUALIFIED PHYSICIANS. — An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education