Sec. 2. ADJUSTMENT OF STATUS FOR CERTAIN H–1 NONIMMIGRANT NURSES
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## SEC. 2 ADJUSTMENT OF STATUS FOR CERTAIN H–1 NONIMMIGRANT NURSES **[**[8 U.S.C. 1255 note](/us/usc/t8/s1255)**]** ###
(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 nonimmigrant 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 certification described in section 212(a)(5)(A)1 of such Act. 1§307(l)(10) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1757) substituted a reference to “212(a)(5)(A)” for a reference to “212(a)(14)”. The Attorney General shall promulgate regulations to carry out this 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 section 245 of the Immigration and Nationality Act in the case of an alien who, as of September 1, 1989,2 is present in the United States in the status3 of a nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform services as a registered nurse,4 who, as of September 1, 1989, is present in the United States and had been admitted to the United States in the status of nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform services as a registered nurse but has failed to maintain that status due to the expiration of the time limitation with respect to such status, or who is the spouse or child of such an alien, unauthorized employment5 performed before the date of the enactment of the Immigration Act of 1990 shall not be taken into account in applying section 245(c)(2) of the Immigration and Nationality Act and such an alien shall be considered as having continued to maintain6 lawful status throughout his or her stay in the United States as a nonimmigrant until the end of the 120-day period beginning on the date the Attorney General promulgates regulations carrying out the amendments made by section 162(f)(1) of the Immigration Act of 1990. 2§162(f)(1)(A) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5011) substituted September 1, 1989, for December 31, 1989. 3§162(f)(1)(B) of that Act substituted “status” for “lawful status”. 4The phrase “who, as of September 1, 1989” through “time limitation with respect to such status” was inserted by §302(e)(10) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1746), effective as if included in the Immigration Nursing Relief Act of 1989. 5§162(f)(1)(C) of the Immigration Act of 1990 inserted the phrase “unauthorized employment” and all that follows through “Nationality Act and”. 6§162(f)(1)(D) of that Act struck “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)” and inserted all that follows “maintain”. ###
(c)Application of Immigration and Nationality Act Provisions The definitions contained in the Immigration and Nationality 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. ###
(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).
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- 105 Stat. 1757
- 104 Stat. 5011
- 105 Stat. 1746
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Sec. 2
ADJUSTMENT OF STATUS FOR CERTAIN H–1 NONIMMIGRANT NURSES
Stat.105 Stat. 1757
Stat.104 Stat. 5011
Stat.105 Stat. 1746
Cites 4Cited by 0 across 0 sources