; (III) the alien has not been employed without authorization in the United States, before, or during pendency of the application; (IV) the alien has not otherwise violated the terms of the alien's nonimmigrant status; and (V) the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the alien is not a threat to national security or public safety. (iii) Good cause defined In clause (i), the term good cause means exigent humanitarian circumstances, such as medical emergencies or force majeure. . (b) Issuance of nonimmigrant visas Section 221(a) of the Immigration and Nationality Act ( 8 U.S.C. 1201(a) ) is amended by adding at the end the following: (3) Notification of bars The Secretary of State shall ensure that every application for a nonimmigrant visa includes a statement, to be executed under penalty of perjury, notifying the alien who is seeking a nonimmigrant visa of the bars to immigration relief and to contesting removal under section 214(a)(1)(D) if the alien fails to depart the United States at the end of the alien’s authorized period of stay. . (c) Visa waiver program waiver of rights Section 217(b) of the Immigration and Nationality Act ( 8 U.S.C. 1187(b) ) is amended to read as follows: (b) Waiver of rights An alien may not be provided a waiver under the program unless the alien has— (1) signed, under penalty of perjury, an acknowledgement confirming that the alien was notified and understands that he or she will be ineligible for any form of relief or immigration benefit under the Act or any other immigration laws, other than a request for asylum, withholding of removal under section 241(b)(3), or relief from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984, if the alien fails to depart the United States at the end of the 90-day period for admission