PUBLIC LAW 101-238—DEC. 18, 1989 103 STAT. 2099 Public Law 101-238 101st Congress An Act To amend the Immigration and Nationality Act to provide for adjustment of status, without regard to numerical limitations, for certain H-1 nonimmigrant nurses and to establish conditions for the admission, during a 5-year period, of nurses as temporary workers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Immigration Nursing Relief Act of 1989". Dec. 18, 1989 [H.R. 3259] Immigration Nursing Relief Act of 1989. Aliens. 8 USC 1101 note. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN H-1 NONIMMIGRANT 8 USC 1255 note. NURSES. (a) IN GENERAL.— The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act shall not apply to the adjustment of status under section 245 of such Act of an immigrant, and the immigrant's accompanying spouse and children— (1) who, as of September 1, 1989, has the status of a non- immigrant under paragraph (15)(H)(i) of section 101(a) of such Act to perform services as a registered nurse, (2) who, for at least 3 years before the date of application for adjustment of status (whether or not before, on, or after, the date of the enactment of this Act), has been employed as a registered nurse in the United States, and (3) whose continued employment as a registered nurse in the United States meets the standards established for the certifi- cation described in section 212(a)(14) of such Act. The Attorney General shall promulgate regulations to carry out this Regulations, subsection by not later than 90 days after the date of the enactment of this Act. (b) TRANSITION. —For purposes of adjustment of status under sec- tion 245 of the Immigration and Nationality Act in the case of an alien who, as of December 31, 1989, is present in the United States in the lawful status of a nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform services as a registered nurse, or who is the spouse or child of such an alien, such an alien shall be considered as having continued to maintain lawful status as such a nonimmigrant until the end of the 120-day period beginning on the date the Attorney General promulgates regulations carrying out subsection (a). (c) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVI- SIONS.— The definitions contained in the Immigration and National- ity Act shall apply in the administration of this section. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.
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