118 STAT. 3470 PUBLIC LAW 108–449—DEC. 10, 2004 (3) COST-SHARING.—Section 2 of the Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note), as amended by paragraph (2), is further amended— (A) by redesignating subsections (c) and (d) as sub- sections (d) and (e), respectively; and (B) by inserting after subsection (b), the following new subsection: ‘‘(c) COST-SHARING.—The Secretary of State shall verify that the United Kingdom and the Republic of Ireland continue to pay a reasonable share of the costs of the administration of the cultural and training programs carried out pursuant to this Act.’’. (4) TECHNICAL AMENDMENTS.—The Irish Peace Process Cul- tural and Training Program Act of 1998 (8 U.S.C. 1101 note) is amended— (A) by striking ‘‘Attorney General’’ each place such term appears and inserting ‘‘Secretary of Homeland Secu- rity’’; and (B) by striking ‘‘Immigration and Naturalization Service’’ each place such term appears and inserting ‘‘Department of Homeland Security’’. (b) IMMIGRATION AND NATIONALITY ACT.— (1) REQUIREMENTS FOR NONIMMIGRANT STATUS.—Section 101(a)(15)(Q) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is amended— (A) by striking ‘‘Attorney General’’ each place such term appears and inserting ‘‘Secretary of Homeland Secu- rity’’; and (B) in clause (ii)(I)— (i) by striking ‘‘35 years of age or younger having a residence’’ and inserting ‘‘citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months’’; and (ii) by striking ‘‘36 months)’’ and inserting ‘‘24 months)’’. (2) FOREIGN RESIDENCE REQUIREMENT.—Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended— (A) by redesignating the subsection (p) as added by section 1505(f) of Public Law 106–386 (114 Stat. 1526) as subsection (s); and (B) by adding at the end the following: ‘‘(t)(1) Except as provided in paragraph (2), no person admitted under section 101(a)(15)(Q)(ii)(I), or acquiring such status after admission, shall be eligible to apply for nonimmigrant status, an immigrant visa, or permanent residence under this Act until it is established that such person has resided and been physically present in the person’s country of nationality or last residence for an aggregate of at least 2 years following departure from the United States. ‘‘(2) The Secretary of Homeland Security may waive the require- ment of such 2-year foreign residence abroad if the Secretary deter- mines that— ‘‘(A) departure from the United States would impose excep- tional hardship upon the alien’s spouse or child (if such spouse or child is a citizen of the United States or an alien lawfully admitted for permanent residence); or Verification. 8 USC 1101. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00004 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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