Applicability

(a) In general This Act shall apply only to an alien who— (1) is outside of the United States on the date of enactment of this Act; and (2) has not be issued a valid visa on such date. (b) Exceptions This Act shall not apply to an alien who— (1) is a lawful permanent resident; (2) is a dual national of a country designated under section 2 and a national of a country not so designated; (3) has nonimmigrant status under subparagraph (A), (C), or (G) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) or pursuant to a treaty with the North Atlantic Treaty Organization; (4) is an athlete or member of an athletic team, including the coaches, persons performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event, as determined by the Secretary of State; (5) is a special immigrant under paragraph (27)(D) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)); or (6) has an immigrant visa due to ethnic and religious persecution in Iran. (c) Case by case-by-Case determinations The Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, may waive the prohibition under section 2 if the Secretary of Homeland finds, in his discretion, that an alien’s entry into the United States would advance a critical national interest, including when individuals must be present to participate in criminal proceedings as witnesses.