limitation on immigration of foreign medical graduates

limitation on immigration of foreign medical graduates Sec. 601. (a) Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by (1) striking out the period at the end thereof and inserting a semicolon in lieu thereof, and (2) by adding at the end thereof the following new paragraph: “(32) Aliens who are graduates of a medical school and are coining to the United States principally to perform services as members or the medical profession, except such aliens who have passed parts I and90 STAT. 2301 II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health, Education, and Welfare) and who are competent in oral and written English. The exclusion of aliens under this paragraph shall apply to special immigrants defined in section 101(a)(27)(A) (other than the parents, spouses, or children of United States citizens or of aliens lawfully admitted for permanent residence), to nonpreference immigrant aliens described in section 203(a)(8), and to preference immigrant aliens described in section 203(a)(3) and (6).”. (b) Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended as follows: (1) Subparagraph (II)(i) is amended by inserting before the semicolon “, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, 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”. (2) Subparagraph (H)(ii) is amended by inserting before the semicolon “, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession”. (3) Subparagraph (H)(iii) is amended by inserting before the semicolon “, other than to receive graduate medical education or training”. (4) Subparagraph (J) is amended by inserting “and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 212(j)” before “, and the alien spouse”. (c) Section 212(e) of such Act (8 U.S.C. 1182(e)) is amended— (1) by striking out “whose (i)” and inserting in lieu thereof “(i) whose”; (2) by striking out “or” immediately before “(ii)”; (3) by inserting immediately before “shall be eligible” in the first sentence the following: “or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training,”; and (4) by inserting “, except in the case of an alien described in clause, (iii).” immediately after “Provided further, That”. (d) Section 212 of such Act (8 U.S.C. 1182) is amended by inserting at the end thereof the following new subsection: “(j) (1) The additional requirements referred to in section 101(a)(15)(J) for an alien who is coming to the United States under a program under which he will receive graduate medical education or training are: “(A) A school of medicine or of one of the other health professions, which is accredited by a body or bodies approved for the purpose by the Commissioner of Education, has agreed in writing to provide the graduate medical education or training under the program for which the alien is coming to the United States or to assume responsibility for arranging for the provision thereof by an appropriate public or nonprofit private institution or agency, except that, in the case of such an agreement by a school of medicine, any one or more of its affiliated hospitals which are to participate in the provision of the graduate medical education or training must join in the agreement; 90 STAT. 2302 “(B) Before making such agreement, the accredited school has been satisfied that the alien has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health, Education, and Welfare), has competency in oral and written English, will be able to adapt to the educational and cultural environment in which he will be receiving his education or training, and has adequate prior education and training to participate satisfactorily in the program for which he is coming to the United States; “(C) The alien has made a commitment to return to the country of his nationality or last residence upon completion of the education or training for which he is coming to the United States (including any extension of the duration thereof under subparagraph (D)). and the government of the country of his nationality or last residence has provided a written assurance, satisfactory to the Secretary of Health, Education, and Welfare, that upon such completion and return, he will be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country; and “(D) The duration of the alien’s participation in the program for which he is coming to the United States is limited to not more than 2 years, except that such duration may be extended for one year at the request of the government of his nationality or last residence, if (i) such government provides a written assurance, satisfactory to the Secretary of Health, Education, and Welfare, til at the alien will, at the end of such extension, be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country, (it) the accredited school providing or arranging for the provision of his education or training agrees in writing to such extension, and (iii) such extension is for the purpose of continuing the alien’s education or training under the program for which he came to the United States. “(2) (A) Except as provided in subparagraph (B), the requirements of subparagraphs (A) through (D) of paragraph (1) shall not apply between the effective date of this subsection and December 31, 1980, to any alien who seeks to come to the United States to participate in an accredited program of graduate medical education or training if there would be a substantial disruption in the health services provided in such program because such alien was not permitted, because of his failure to meet such requirements, to enter the United States to participate in such program. “(B) In the administration of this subsection, the Attorney General shall take such action as may be necessary to ensure that the total number of aliens participating (at any time) in programs described in subparagraph (A) does not because of the exemption provided by such subparagraph, exceed the total number of aliens participating in such programs on the effective date of this subsection.”. (e) Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding the following at the end thereof: “(41) The term ‘graduates of medical school’ means aliens who have graduated from a medical school or who have qualified to practice medicine in a foreign state.”. 90 STAT. 2303 (f) The amendments made by this section shall take effect ninety days after the date of enactment of this section.