CONFORMING AMENDMENTS.

SEC. 162. CONFORMING AMENDMENTS. (a) Restatement of Derivative Status, Order of Consideration, Etc.— (1) Section 203, as amended by subtitle B, is further amended by striking all that follows subsection (c) and inserting the following: “(d) Treatment of Family Members.— A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent. “(e) Order of Consideration.— (1) Immigrant visas made available under subsection (a) or (b) shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed with the Attorney General (or in the case of special immigrants under section 101(a)(27)(D), with the Secretary of State) as provided in section 204(a). “(2) Immigrant visa numbers made available under subsection (c) (relating to diversity immigrants) shall be issued to eligible qualified immigrants strictly in a random order established by the Secretary of State for the fiscal year involved. “(3) Waiting lists of applicants for visas under this section shall be maintained in accordance with regulations prescribed by the Secretary of State. “(f) Presumption.— Every immigrant shall be presumed not to be described in subsection (a) or (b) of this section, section 101(a)(27), or section 201(b)(2), until the immigrant establishes to the satisfaction of the consular officer and the immigration officer that the immigrant is so described. In the case of any alien claiming in his application for an immigrant visa to be described in section 201(b)(1) or in subsection (a) or (b) of this section, the consular officer shall not grant such status until he has been authorized to do so as provided by section 204. “(g) Lists.— For purposes of carrying out the Secretary’s responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the104 STAT. 5010 availability of such visa that such failure to apply was due to circumstances beyond the alien’s control.”. (2) Nothing in this Act may be construed as continuing the availability of visas under section 203(a)(7) of the Immigration and Nationality Act, as in effect before the date of enactment of this Act. (b) Changes in Petitioning Procedure.— Section 204 (8 U.S.C. 1154) is amended— (1) in subsection (a), by striking “(a)(1)” and all that follows through the end of paragraph (1) and inserting the following: “(a) (1) (A) Any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or to an immediate relative status under section 201(b)(2)(A)(i) may file a petition with the Attorney General for such classification. “(B) Any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the relationship described in section 203(a)(2) may file a petition with the Attorney General for such classification. “(C) Any alien desiring to be classified under section 203(b)(1)(A), or any person on behalf of such an alien, may file a petition with the Attorney General for such classification. “(D) Any employer desiring and intending to employ within the United States an alien entitled to classification under section 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) may file a petition with the Attorney General for such classification. “(E) (i) Any alien (other than a special immigrant under section 101(a)(27)(D)) desiring to be classified under section 203(b)(4), or any person on behalf of such an alien, may file a petition with the Attorney General for such classification. “(ii) Aliens claiming status as a special immigrant under section 101(a)(27)(D) may file a petition only with the Secretary of State and only after notification by the Secretary that such status has been recommended and approved pursuant to such section. “(F) Any alien desiring to be classified under section 203(b)(5) may file a petition with the Secretary of State for such classification. “(G) (i) Any alien desiring to be provided an immigrant visa under section 203(c) may file a petition at the place and time determined by the Secretary of State by regulation. Only one such petition may be filed by an alien with respect to any petitioning period established. If more than one petition is submitted all such petitions submitted for such period by the alien shall be voided. “(ii) (I) The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be issued under section 203(c) for the fiscal year beginning after the end of the period. “(II) Aliens who qualify, through random selection, for a visa under section 203(c) shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected. “(III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause. “(iii) A petition or registration under this subparagraph shall be in such form as the Secretary of State may by regulation prescribe and shall contain such information and be supported by such documentary evidence as the Secretary of State may require.”; (2) in subsection (b)— (A) by striking “section 203(a) (3) or (6)” and inserting “section 203(b)(2) or 203(b)(3)”, and 104 STAT. 5011 (B) by striking “a preference status under section 203(a)” and inserting “preference under subsection (a) or (b) of section 203”; (3) in subsection (e), by striking “preference immigrant under section 203(a)” and inserting “immigrant under subsection (a), (b), or (c) of section 203”; (4) in subsection (g)(1), by striking “203(a)(4)” and inserting “203(a)(3)”; (5) by striking subsection (f); and (6) by redesignating subsections (g) and (h) as (f) and (g), respectively. (e) Additional Conforming Amendments.— (1) Section 212(a)(5) (8 U.S.C. 1182(a)(5)), as amended by section 601(a) of this Act, is amended— (A) in subparagraph (A), by striking “Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor” and inserting “Any alien who seeks admission or status as an immigrant under paragraph (2) or (3) of section 203(b)”, (B) in subparagraph (B), by inserting “who seeks admission or status as an immigrant under paragraph (2) or (3) of section 203(b)” after “An alien” the first place it appears, and (C) by striking subparagraph (C). (2) Section 244(d) (8 U.S.C. 1254(d)) is amended by striking “, and unless” and all that follows through “then current”. (3) Section 245(b) (8 U.S.C. 1255(b)) is amended— (A) by striking “or nonpreference”, (B) by striking “202(e) or 203(a)” and inserting “201(a)”, and (C) by striking “for the fiscal year then current” and inserting “for the succeeding fiscal year”. (4) Section 3304(a)(14)(A) of the Internal Revenue Code of 1986 is amended by striking “section 203(a)(7) or”. (5) Section 1614(a)(1)(B)(i) of the Social Security Act is amended by striking “section 203(a)(7) or”. (6) Section 2(c)(4) of the Virgin Islands Nonimmigrant Alien Adjustment Act of 1982 (Public Law 97–271) is amended by inserting before the period at the end the following: “(as in effect before October 1, 1991) or by reason of the relationship described in section 203(a)(2), 203(a)(3), or 203(a)(4), or 201(b)(2)(A)(i), respectively, of such Act (as in effect on or after such date)”. (f) Technical Corrections to Immigration Nursing Relief Act of 1989.— (1) Section 2(b) of the Immigration Nursing Relief Act of 1989 (Public Law 101–238) is amended— (A) by striking “December 31, 1989” and inserting “September 1, 1989”, (B) by striking “in the lawful status” and inserting “in the status”, (C) by inserting “unauthorized employment 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” after “spouse or child of such an alien,”, and 104 STAT. 5012 (D) by striking “lawful status as such a nonimmigrant” and all that follows through “subsection (a)” and inserting “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) (A) Section 101(a)(15)(H)(i)(a) (8 U.S.C. 1101(a)(15)(H)(i)(a)) is amended by striking “for the facility for which the alien will perform the services, or” and inserting “for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien’s employer or controlled by the employer) for which the alien will perform the services, or”. (B) Section 212(m)(2)(A) (8 U.S.C. U82(m)(2)(A)) is amended— (i) by striking “, with respect to a facility for which an alien will perform services,”, (ii) in clause (iii), by inserting “employed by the facility” after “The alien”, and (iii) by adding at the end the following: “In the case of an alien for whom an employer has filed an attestation under this subparagraph and who is performing services at a worksite other than the employer’s or other than a worksite controlled by the employer, the Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order to avoid duplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the attestor, or for other good cause.”. (3) The amendments made by this subsection shall apply as though included in the enactment of the Immigration Nursing Relief Act of 1989.