[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