H.R. 90House117th Congress (2021-2023)In Committee

Visa Overstay Enforcement Act of 2021

Introduced January 4, 2021

AI-Generated Summary

Updated February 7, 2026 at 9:02 PM UTC

The Visa Overstay Enforcement Act of 2021 amends the Immigration and Nationality Act to criminalize staying in the United States after a visa expires. It sets fines and possible jail time for first and repeat offenses and imposes bans on future admission and visa issuance. The law also gives the Department of Homeland Security authority to exempt individuals for medical, public safety, or national security reasons, and it requires applicants to be notified of these penalties.

Key Provisions

  • Makes staying in the U.S. after a visa expires a criminal offense, with a first‑offense penalty of a fine and up to six months in prison, and a later‑offense penalty of a fine and up to two years in prison.
  • Bars a first‑offender from being admitted to the United States for five years and from receiving a visa for ten years; a repeat offender is barred from admission and from getting any visa altogether.
  • Allows the Secretary of Homeland Security to waive the penalties on a case‑by‑case basis for medical necessity, public safety, or national security reasons.
  • Requires the Secretary of State or Homeland Security to inform visa applicants and petitioners of these penalties when they apply and again at admission.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Immigration and Citizenship.

March 1, 2021

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HouseIntro Referral

Introduced in House

January 4, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 4, 2021

HouseCommittee

Referred to the Subcommittee on Immigration and Citizenship.

March 1, 2021

Floor Debate

1 member

What members said about H.R. 90 on the floor

1 Democrat
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 15, 2021

Mr. Speaker, I rise in support of H.R. 189, the John Lewis NIMHD Research Endowment Revitalization Act of 2021, which expands eligibility for research endowments available through the National…

Bill Text

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Introduced in HouseIssued January 4, 2021

I

117th CONGRESS

1st Session

H. R. 90

IN THE HOUSE OF REPRESENTATIVES

January 4, 2021

Mr. Duncan (for himself, Mr. Brooks, Mr. Norman, Mr. Budd, Mr. Weber of Texas, Mr. Gaetz, and Mr. Williams of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to penalize aliens who overstay their visas, and for other purposes.

1.

Short title

This Act may be cited as the Visa Overstay Enforcement Act of 2021.

2.

Visa overstays criminalized

(a)

In general

The Immigration and Nationality Act is amended by inserting after section 274D the following:

274E.

Visa overstays

(a)

In general

Except as provided in subsection (b), any alien who remains in the United States for any period of time after the date on which any visa or status under which the alien is lawfully present has expired shall—

(1)

for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned no more than 6 months, or both; and

(2)

for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

(b)

Exception

If the Secretary of Homeland Security determines on an individual case-by-case basis that, because of reasons of a medical necessity, public safety, or national security, the alien violated subsection (a), the alien shall not be subject to the penalties under subsection (a).

(c)

Limitation on reentry

(1)

First offenders

Any alien convicted of a violation of subsection (a)(1)—

(A)

may not be admitted to the United States for a period of 5 years, beginning on the date of the conviction; and

(B)

may not be granted a visa for a period of 10 years, beginning on the date of the conviction.

(2)

Subsequent offenses

Any alien convicted of a violation of subsection (a)(2)—

(A)

may not be admitted to the United States; and

(B)

may not be granted a visa.

(d)

Disclosure of penalties

In the case of any application or petition by or on behalf of an alien for admission to the United States, the Secretary of State or the Secretary of Homeland Security shall provide the alien with notice of the penalties under this section and section 275 on receipt of the application or petition, and again at the time of admission.

.

(b)

Clerical amendment

The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 274D the following:

274E. Visa overstays.

.