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

SEC. 303. CORRECTIONS RELATING TO TITLE II OF THE IMMIGRATION ACT OF 1990. (a) (1) Section 217 of the INA, as amended by section 201(a) of the Immigration Act of 1990, is amended— (A) in subsection (a)(4), by striking “by sea or air” and inserting “into the united states”, and (B) in the heading of subsection (b), by striking “rights” and inserting “Rights”. (2) Section 217(e)(1) of the INA, as redesignated by section 201(a)(7) of the Immigration Act of 1990, is amended by striking “(a)(4)(C)” and inserting “(a)(4)”. (3) The second sentence of section 251(d) of the INA, as inserted by section 203(b)(2) of the Immigration Act of 1990, is amended by striking “charterer” and inserting “consignee”. 105 STAT. 1747 (4) Section 258(c)(2)(B) of the INA, as inserted by section 203(a)(1) of the Immigration Act of 1990, is amended by striking “each such list” and inserting “each list”. (5) (A) Section 101(a)(15)(H)(i)(b) of the INA, as amended by section 205(c)(1) of the Immigration Act of 1990, is amended by inserting “subject to section 212(j)(2),” after “(b)”. (B) Section 212(j) of the INA is amended by striking paragraph (2) and inserting the following: “(2) An alien who is a graduate of a medical school and who is coming to the United States to perform services as a member of the medical profession may not be admitted as a nonimmigrant under section 101(a)(15)(H)(i)(b) unless— “(A) the alien is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency, or “(B) (i) the alien has passed the Federation licensing examination (administered by the Federation of State Medical Boards of the United States) or an equivalent examination as determined by the Secretary of Health and Human Services, and “(ii) (I) has competency in oral and written English or (II) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States).”. (6) Section 212(n)(l)(A)(ii) of the INA, as added by section 205(c)(3) of the Immigration Act of 1990, is amended by striking “for such aliens” and inserting “for such a nonimmigrant”. (7) (A) Section 101(a)(15)(H)(i) of the INA, as amended by section 205(c)(1) of the Immigration Act of 1990, is amended by striking “, and had approved by,”. (B) Section 212(n) of the INA, as added by section 205(c)(3) of the Immigration Act of 1990, is amended— (i) in paragraph (1)(A)— (I) by striking “and to other individuals employed in the occupational classification and in the area of employment” and inserting “admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b)”, (II) by amending subclause (I) to read as follows: “(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or”, (III) after subclause (II), by striking “determined” and inserting “based on the best information available”; (ii) in paragraph (1)(D), by striking “(and accompanying documentation)” and inserting “(and such accompanying documents as are necessary)”; (iii) in paragraph (1), by moving the matter after the first sentence of subparagraph (D) flush with the left margin and by adding at the end the following: “The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary finds that the application is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(H)(i)(b) within 7 days of the date of the filing of the application.”; 105 STAT. 1748 (iv) in paragraph (2)(C), by striking “(or a substantial failure” and all that follows through “misrepresentation” and inserting “of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation”; (v) in paragraph (2)(D), by striking “In addition to the sanctions provided under subparagraph (C)”, if and inserting “If”; and (vi) in paragraph (2)(D), by inserting before the period at the end the following: “, whether or not a penalty under subparagraph (C) has been imposed”. (8) The Secretary of Labor shall issue final or interim final regulations to implement the changes made by this section to section 101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and Nationality Act no later than January 2, 1992. (9) Section 206(a) of the Immigration Act of 1990 is amended by inserting “and section 124(a)(3)(A) of this Act” after “Immigration and Nationality Act”. (10) Section 214(c)(2) of the INA, as added by section 206(b)(2) of the Immigration Act of 1990, is amended— (A) in subparagraph (A), by striking “individuals petitions” and inserting “individual petitions”, and (B) in subparagraph (D)(ii), by striking “involved” and inserting “involves”. (11) Section 214(a)(2)(A) of the INA, as added by section 207(b)(1) of the Immigration Act of 1990, is amended by striking “under section 101(a)(15)(O)” and inserting “described in section 101(a)(15)(O)”. (12) Section 214(c)(5) of the INA, as added by section 207(b)(2)(B) of the Immigration Act of 1990, is amended by striking “101(H)(ii)(b)” and inserting “101(a)(15)(H)(ii)(b)”. (13) Section 207(c) of the Immigration Act of 1990 is amended by inserting “of the Immigration and Nationality Act” after “101(a)(15)(H)(ii)(a)” each place it appears. (14) Section 101(a)(15)(Q) of the INA, as added by section 208(3) of the Immigration Act of 1990, is amended by striking “designated” and inserting “approved”. (b) (1) Section 221(a) of the Immigration Act of 1990 is amended— (A) in the matter before paragraph (1), by striking “in a position unrelated to the alien’s field of study and”, and (B) in paragraph (1), by inserting “academic” before “year”. (2) Section 221(b) of the Immigration Act of 1990 is amended— (A) by inserting “and the Secretary of Labor” after “the Commissioner of the Immigration and Naturalization”, and (B) by inserting “a report” after “to the Congress”. (3) Section 222(a) of the Immigration Act of 1990 is amended by striking “Subject to the succeeding provisions of this section” and inserting “Subject to subsection (b)”. (4) Section 223(a) of the Immigration Act of 1990 is amended— (A) by striking the period at the end of paragraph (2) and inserting a comma, and (B) by adding at the end the following: “or who is the spouse or minor child of such an alien if accompanying or following to join the alien.”.