CORRECTIONS RELATING TO TITLE I OF THE IMMIGRATION ACT OF 1990.

SEC. 302. CORRECTIONS RELATING TO TITLE I OF THE IMMIGRATION ACT OF 1990. (a) (1) Section 201 of the INA, as amended by section 101(a) of the Immigration Act of 1990, is amended— (A) in subsection (c)(3), by striking “(3) The number computed under this paragraph for a fiscal year” and inserting the following: “(3) (A) The number computed under this paragraph for fiscal year 1992 is zero. “(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(a) during that fiscal year. “(C) The number computed under this paragraph for a subsequent fiscal year”; and (B) in subsection (d)(2), by striking “(2) The number computed under this paragraph for a fiscal year” and inserting the following: “(2) (A) The number computed under this paragraph for fiscal year 1992 is zero. “(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(b) during that fiscal year. “(C) The number computed under this paragraph for a subsequent fiscal year”. (2) Section 101 of the Immigration Act of 1990 is amended by adding at the end the following new subsection: “(c) Transition.— In applying the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (as amended by subsection (a)) in the case of a alien whose citizen spouse died before the date of the enactment of this Act, notwithstanding the deadline specified in such sentence the alien spouse may file the classification petition referred to in such sentence within 2 years after the date of the enactment of this Act.”. (3) Section 202(a)(4)(A) of the INA, as amended by section 102(1) of the Immigration Act of 1990, is amended by striking “minimum”. 105 STAT. 1743 (b) (1) Section 112 of the Immigration Act of 1990 is amended— (A) in subsection (c), by striking “temporary or” before paragraph (1), and (B) by adding at the end the following: “(d) Definitions.— The definitions in the Immigration and Nationality Act shall apply in the administration of this section.”. (2) Section 203(b) of the INA, as inserted by section 121(a) of the Immigration Act of 1990, is amended— (A) in paragraphs (1), (2), and (3), by striking “40,000” and inserting “28.6 percent of such worldwide level” each place it appears, (B) in paragraph (1)(C), by striking “who seeks” and inserting “the alien seeks”, (C) in paragraphs (4) and (5), by striking “10,000” and inserting “7.1 percent of such worldwide level” each place it appears, and (D) in paragraph (2)(B), by inserting “professions,” after “arts”. (3) Section 216A of the INA, as inserted by section 121(b)(1) of the Immigration Act of 1990, is amended— (A) in subsection (c)(2)(A), by inserting “(and the alien’s spouse and children if it was obtained on a conditional basis under this section or section 216)” after “status of the alien”, and (B) in subsections (c)(3)(B) and (d)(2)(A), by striking “obtaining the status of”. (4) Section 121(b)(2) of the Immigration Act of 1990 is amended by striking “exclusion” and inserting “deportation”. (5) Section 124(a) of the Immigration Act of 1990 is amended— (A) in paragraph (1)— (i) by inserting “(or paragraph (2) as the spouse or child of such an alien)” after “paragraph (3)”, and (ii) by adding at the end the following new sentence: “If the full number of such visas are not made available in fiscal year 1991 or 1992, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.”; and (B) in paragraph (3)(A), by striking “(and has been so employed during the 12 previous, consecutive months)” and inserting “except for temporary absences at the request of the employer and has been employed in Hong Kong for at least 12 consecutive months”. (6) Section 132 of the Immigration Act of 1990 is amended— (A) in subsection (a), by inserting “(or in subsection (d) as the spouse or child of such an alien)” after “subsection (b)”; (B) in subsection (a), by adding at the end the following new sentence: “If the full number of such visas are not made available in fiscal year 1992 or 1993, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.”; (C) in subsection (b)(1), effective after fiscal year 1992, by striking “that is not contiguous to the United States and”; (D) in subsection (c)— (i) effective beginning with fiscal year 1993, by striking “in the chronological order in which aliens apply for each fiscal year” and inserting “strictly in a random order among those who qualify during the application period for each fiscal year established by the Secretary of State”, 105 STAT. 1744 (ii) by inserting before the period at the end the following: “and except that if more than one application is submitted for any fiscal year (beginning with fiscal year 1993) with respect to any alien all such applications submitted with respect to the alien and fiscal year shall be voided”, and (iii) by adding at the end the following: “If the minimum number of such visas are not made available in fiscal year 1992 or 1993 to such natives, the shortfall shall be added to the number of such visas to be made available under this section to such natives in the succeeding fiscal year. In applying this section, natives of Northern Ireland shall be deemed to be natives of Ireland.”; and (E) in subsection (e)— (i) by striking “the grounds” and all that follows through “shall not apply, and”, (ii) by striking “of such section” and inserting “of section 212(a) of the Immigration and Nationality Act”, and (iii) by adding at the end the following: “In addition, the provisions of section 212(e) of such Act shall not apply so as to prevent an individual’s application for a visa or admission under this section.”. (7) Section 134(a) of the Immigration Act of 1990 is amended by inserting “(or in subsection (d) as the spouse or child of such an alien)” after “subsection (b)”. (c) (1) Section 141 of the Immigration Act of 1990 is amended— (A) in the heading, by striking “LEGAL”, (B) in subsection (a), by striking “Legal”, (C) in subsection (a)(1)(B), by striking “of the Subcommittee” and all that follows through “International Law”, and (D) by adding at the end the following new subsection: “(i) Presidential Report.— The President shall conduct a review and evaluation and provide for the transmittal of reports to the Congress in the same manner as the Commission is required to conduct a review and evaluation and to transmit reports under subsection (b).”. (2) The item in the table of contents of such Act relating to section 141 is amended to read as follows: “Sec. 141. Commission on Immigration Reform.”. (d) (1) Section 152(b)(1)(A) of the Immigration Act of 1990 is amended by striking “who has performed faithful service” and inserting “and has performed faithful service as such an employee”. (2) Section 245 of the INA, as amended by section 2(c) of the Armed Forces Immigration Adjustment Act of 1991, is amended— (A) in subsection (c)(2), by inserting “(J),” after “(I),”, and (B) by adding at the end the following new subsection: “(h) In applying this section to a special immigrant described in section 101(a)(27)(J)— “(1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and “(2) in determining the alien’s admissibility as an immigrant— “(A) paragraphs (4), (5)(A), and (7)(A) of section 212(a) shall not apply, and “(B) the Attorney General may waive other paragraphs of section 212(a) (other than paragraphs (2)(A), (2)(B), (2)(C)105 STAT. 1745 (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana), (3)(A), (3)(B), (3)(C), or (3)(E)) in the case of individual aliens for humanitarian purposes, family unity, or when it is otherwise in the public interest. The relationship between an alien and the alien’s natural parents or prior adoptive parents shall not be considered a factor in making a waiver under paragraph (2)(B). Nothing in this subsection or section 101(a)(27)(J) shall be construed as authorizing an alien to apply for admission or be admitted to the United States in order to obtain special immigrant status described in such section.”. (3) Section 241(h) of the IN A, as amended by section 153(b) of the Immigration Act of 1990, is amended by striking the comma after “(3)(A)”. (4) Section 154 of the Immigration Act of 1990 is amended— (A) in subsection (b)(1)(A), by inserting “or China” after “Hong Kong”, (B) in subsection (b)(l)(B)(i), by inserting “of” after “of section 203(a)”, and (C) by striking paragraph (3) of subsection (c). (5) Section 155 of the Immigration Act of 1990 is amended— (A) in subsection (a), by inserting “(or section 203(e), in the case of fiscal year 1992)” after “203(c)”, and (B) in subsection (b), by striking “or the child” and inserting “or who are the spouse or child”. (e) (1) Section 161(a) of the Immigration Act of 1990 is amended by striking “in this section,” and inserting “in this title, this title and”. (2) Section 161(c)(1) of the Immigration Act of 1990 is amended— (A) by inserting “or an application for labor certification before such date under section 212(a)(14)” after “before such date)”, (B) in subparagraph (A), by inserting “or application” after “such a petition”, (C) in subparagraph (A), by inserting “, or 60 days after the date of certification in the case of labor certifications filed in support of the petition under section 212(a)(14) of such Act before October 1, 1991, but not certified until after October 1, 1993” after “(by not later than October 1, 1993”, and (D) by adding at the end the following new sentence: “In the case of a petition filed under section 204(a) of such Act before October 1, 1991, but which is not described in paragraph (4), and for which a filing fee was paid, any additional filing fee shall not exceed one-half of the fee for the filing of the new petition referred to in subparagraph (A).”. (3) Section 203(f) of the INA, as inserted by section 162(a) of the Immigration Act of 1990, is amended— (A) by striking “Presumption.—” and all that follows through “so described.” and inserting “Authorization for Issuance.—”, and (B) by striking “201(b)(1) or in subsection (a) or (b)” and inserting “201(b)(2) or in subsection (a), (b), or (c)”. (4) Section 204(a)(1) of the INA, as amended by section 162(b) of the Immigration Act of 1990, is amended— (A) in subparagraph (A), by adding at the end the following: “An alien described in the second sentence of section 201(b)(2)(A)(i) also may file a petition with the Attorney General under this subparagraph for classification under such section.”, 105 STAT. 1746 (B) in subparagraph (F), by striking “Secretary of State” and inserting “Attorney General”, and (C) in subparagraph (G)(iii), by striking “or registration”. (5) Section 204(e) of the INA, as amended by section 162(b)(3) of the Immigration Act of 1990, is amended by striking “a immigrant” and inserting “an immigrant”. (6) Paragraph (1) of section 162(e) of the Immigration Act of 1990 is repealed, and the provisions of law amended by such paragraph are restored as though such paragraph had not been enacted. (7) Section 245(b) of the INA, as amended by section 162(e)(3) of the Immigration Act of 1990, is amended— (A) by striking “201(a)” and inserting “202 and 203”, and (B) by striking “for the succeeding fiscal year” and inserting “for the fiscal year then current”. (8) Effective as if included in section 162(e) of the Immigration Act of 1990— (A) clauses (ii)(II) and (iii)(II) of section 101(a)(27)(I) of the INA are amended by striking “applies for a visa or adjustment of status” and inserting “files a petition for status”, (B) section 216(g)(l) of the INA is amended by striking “203(a)(8)” and inserting “203(d)”; and (C) section 221(a) of the INA is amended by striking “non-preference,”. (9) Effective as if included in the Immigration Nursing Relief Act of 1989, section 212(m)(2)(A) of the INA is amended, by inserting after the first sentence following clause (vi) the following: “Notwithstanding the previous sentence, a facility that lays off a registered nurse other than a staff nurse still meets clause (i) if, in its attestation under this subparagraph, the facility has attested that it will not replace the nurse with a nonimmigrant described in section 101(a)(15)(H)(i)(a) (either through promotion or otherwise) for a period of 1 year after the date of the lay off.”. (10) Effective as if included in the Immigration Nursing Relief Act of 1989, as amended by section 162(f)(1)(B) of the Immigration Act of 1990, section 2(b) of the Immigration Nursing Relief Act of 1989 is amended by inserting after “registered nurse,” the following: “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,”.