Page:United States Statutes at Large Volume 103 Part 3.djvu/32

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103 STAT. 2100 PUBLIC LAW 101-238—DEC. 18, 1989 (d) APPLICATION PERIOD. —The alien, and accompanying spouse and children, must apply for such adjustment within the 5-year period beginning on the date the Attorney General promulgates regulations required under subsection (a). SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES DURING 5-YEAR PERIOD. " (a) ESTABLISHMENT OF A NEW NONIMMIGRANT CLASSIFICATION FOR NONIMMIGRANT NURSES.—Section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended— (1) by inserting "(a) who is coming temporarily to the United i. States to perform services as a registered nurse, who meets the qualifications described in section 212(m)(l), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility for which the alien will perform the services, or (b)" after "(i)", and (2) by inserting "(other than services as a registered nurse)" after "to perform services". (b) REQUIREMENTS.— Section 212 of such Act (8 U.S.C. 1182) is amended by adding at the end the following new subsection: "(m)(l) The qualifications referred to in section 101(a)(15)(H)(i)(a), with respect to an alien who is coming to the United States to perform nursing services for a facility, are that the alien— "(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States or Canada; "(B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of \ Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and "(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which au- thorize the nurse to be employed) governing the place of in- tended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility. Healthcare "(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(a), facilities. with respect to a facility for which an alien will perform services, is an attestation as to the following: "(i) There would be a substantial disruption through no fault of the facility in the delivery of health care services of the facility without the services of such an alien or aliens. "(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed. "(iii) The alien will be paid the wage rate for registered nurses similarly employed by the facility. "(iv) Either (I) the facility has taken and is taking timely and significant steps designed to recruit and retain sufficient reg- istered nurses who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses, or (II) the facility is