Page:United States Statutes at Large Volume 103 Part 3.djvu/35

 PUBLIC LAW 101-238—DEC. 18, 1989 103 STAT. 2103 "(5) For purposes of this subsection and section 101(a)(15)(H)(i)(a), the term 'facility' includes an employer who employs registered nurses in a home setting.". (c) IMPLEMENTATION. — The Secretary of Labor (in consultation 8 USC 1182 note, with the Secretary of Health and Human Services) shall— (1) first publish final regulations to carry out section 212(m) of Regulations, the Immigration and Nationality Act (as added by this section) not later than the first day of the 8th month beginning after the date of the enactment of this Act; and (2) provide for the appointment (by January 1, 1991) of an advisory group, including representatives of the Secretary, the Secretary of Health and Human Services, the Attorney General, hospitals, and labor organizations representing registered nurses, to advise the Secretary— (A) concerning the impact of this section on the nursing shortage, (B) on programs that medical institutions may implement to recruit and retain registered nurses who are United States citizens or immigrants who are authorized to per- form nursing services, (C) on the formulation of State recruitment and retention plans under section 212(m)(3) of the Immigration and Nationality Act, and (D) on the advisability of extending the amendments made by this section beyond the 5-year period described in subsection (d). (d) LIMITING APPLICATION OF NONIMMIGRANT CHANGES TO S-YEAR 8 USC 1182 note. PERIOD. —The amendments made by the previous provisions of this section shall apply to classification petitions filed for nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning after the date of the enactment of this Act. SEC. 4. FRAUD PREVENTION IN SAW PROGRAM. (a) Section 210(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1160(a)(3)) is amended by— (1) inserting "(A)" before "During", and (2) inserting at the end of such paragraph the following new subparagraph: "(B) Before any alien becomes eligible for adjustment of status under paragraph (2), the Attorney General may deny adjustment to permanent status and provide for termination of the temporary resident status granted such alien under para- graph (1) if^ "(i) the Attorney General finds by a preponderance of the evidence that the adjustment to temporary resident status was the result of fraud or willful misrepresentation as set out in section 212(a)(19), or "(ii) the alien commits an act that (I) makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (c)(2), or (II) is convicted of a felony or 3 or more misdemeanors committed in the United States.". (b) Section 210(b)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1160) is amended to read as follows: "(A) use the information furnished pursuant to an appli- cation filed under this section for any purpose other than to make a determination on the application including a deter-

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