[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 441 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      October 22, 1999.
    Resolved, That the bill from the House of Representatives (H.R. 
441) entitled ``An Act to amend the Immigration and Nationality Act 
with respect to the requirements for the admission of nonimmigrant 
nurses who will practice in health professional shortage areas.'', do 
pass with the following

                               AMENDMENT:

    Page 18, after line 5, insert:

SEC. 5. NATIONAL INTEREST WAIVERS OF JOB OFFER REQUIREMENTS FOR ALIENS 
              WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED 
              DEGREES OR ALIENS OF EXCEPTIONAL ABILITY.

    Section 203(b)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(2)(B)) is amended to read as follows:
                    ``(B) Waiver of job offer.--
                            ``(i) National interest waiver.--Subject to 
                        clause (ii), the Attorney General may, when the 
                        Attorney General deems it to be in the national 
                        interest, waive the requirements of 
                        subparagraph (A) that an alien's services in 
                        the sciences, arts, professions, or business be 
                        sought by an employer in the United States.
                            ``(ii) Physicians working in shortage areas 
                        or veterans facilities.--
                                    ``(I) In general.--The Attorney 
                                General shall grant a national interest 
                                waiver pursuant to clause (i) on behalf 
                                of any alien physician with respect to 
                                whom a petition for preference 
                                classification has been filed under 
                                subparagraph (A) if--
                                            ``(aa) the alien physician 
                                        agrees to work full time as a 
                                        physician in an area or areas 
                                        designated by the Secretary of 
                                        Health and Human Services as 
                                        having a shortage of health 
                                        care professionals or at a 
                                        health care facility under the 
                                        jurisdiction of the Secretary 
                                        of Veterans Affairs; and
                                            ``(bb) a Federal agency or 
                                        a department of public health 
                                        in any State has previously 
                                        determined that the alien 
                                        physician's work in such an 
                                        area or at such facility was in 
                                        the public interest.
                                    ``(II) Prohibition.--No permanent 
                                resident visa may be issued to an alien 
                                physician described in subclause (I) by 
                                the Secretary of State under section 
                                204(b), and the Attorney General may 
                                not adjust the status of such an alien 
                                physician from that of a nonimmigrant 
                                alien to that of a permanent resident 
                                alien under section 245, until such 
                                time as the alien has worked full time 
                                as a physician for an aggregate of five 
                                years (not including the time served in 
                                the status of an alien described in 
                                section 101(a)(15)(J)), in an area or 
                                areas designated by the Secretary of 
                                Health and Human Services as having a 
                                shortage of health care professionals 
                                or at a health care facility under the 
                                jurisdiction of the Secretary of 
                                Veterans Affairs.
                                    ``(III) Statutory construction.--
                                Nothing in this subparagraph may be 
                                construed to prevent the filing of a 
                                petition with the Attorney General for 
                                classification under section 204(a), or 
                                the filing of an application for 
                                adjustment of status under section 245, 
                                by an alien physician described in 
                                subclause (I) prior to the date by 
                                which such alien physician has 
                                completed the service described in 
                                subclause (II).
                                    ``(IV) Effective date.--The 
                                requirements of this subsection do not 
                                affect waivers on behalf of alien 
                                physicians approved under section 
                                203(b)(2)(B) before the enactment date 
                                of this subsection. In the case of a 
                                physician for whom an application for a 
                                waiver was filed under section 
                                203(b)(2)(B) prior to November 1, 1998, 
                                the Attorney General shall grant a 
                                national interest waiver pursuant to 
                                section 203(b)(2)(B) except that the 
                                alien is required to have worked full 
                                time as a physician for an aggregate of 
                                three years (not including time served 
                                in the status of an alien described in 
                                section 101(a)(15)(J)) before a visa 
                                can be issued to the alien under 
                                section 204(b) or the status of the 
                                alien is adjusted to permanent resident 
                                under section 245.''.

SEC. 6. FURTHER CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL 
              ACCOUNTING FIRMS.

    Section 206(a) of the Immigration Act of 1990 (8 U.S.C. 1101 note) 
is amended to read as follows:
    ``(a) Clarification of Treatment of Certain International 
Accounting and Management Consulting Firms.--In applying sections 
101(a)(15)(L) and 203(b)(1)(C) of the Immigration and Nationality Act, 
and for no other purpose, in the case of a partnership that is 
organized in the United States to provide accounting or management 
consulting services and that markets its accounting or management 
consulting services under an internationally recognized name under an 
agreement with a worldwide coordinating organization that is 
collectively owned and controlled by the member accounting and 
management consulting firms or by the elected members (partners, 
shareholders, members, employees) thereof, an entity that is organized 
outside the United States to provide accounting or management 
consulting services shall be considered to be an affiliate of the 
United States accounting or management consulting partnership if it 
markets its accounting or management consulting services under the same 
internationally recognized name directly or indirectly under an 
agreement with the same worldwide coordinating organization of which 
the United States partnership is also a member. Those partnerships 
organized within the United States and entities organized outside the 
United States which are considered affiliates under this subsection 
shall continue to be considered affiliates to the extent such firms 
enter into a plan of association with a successor worldwide 
coordinating organization, which need not be collectively owned and 
controlled.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 441

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                               AMENDMENT