§ 2323. Participants in special education programs
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) has a residence in a foreign country that the alien has no in-
tention of abandoning; and
(B) is coming to the United States for not more than 18 months
to participate in a special education training program that provides
practical training and experience in educating children with physical,
mental, or emotional disabilities; or
(2) is the spouse or child of an alien described in clause (1) of this
section if accompanying or following to join the alien.
(b) NUMERICAL LIMITATION.—Not more than 50 aliens classified as
nonimmigrants under this section may be admitted as, or given the status
of, a nonimmigrant classified under this section in a fiscal year.
§ 2324. Relatives of special immigrants
An alien is classifiable as a nonimmigrant under this section if the alien
is—
(1) the parent of an alien who is a special immigrant as defined in
section 134(a)(9) of this title, but only when the alien is a child; or
(2) a child of—
(A) a parent described in clause (1) of this section; or
(B) an alien who is a special immigrant as defined in section
134(a)(10) or (11) of this title.
§ 2325. Registered nurses
(a) DEFINITION.—In this section, ‘‘facility’’ includes an employer that
employs registered nurses in a home setting.
(b) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) is coming to the United States temporarily to perform serv-
ices as a registered nurse;
(B) has obtained a full and unrestricted license to practice profes-
sional nursing in the foreign country in which the alien obtained nurs-
ing education or has received nursing education in the United States
or Canada;
(C) has passed an appropriate examination (recognized in regula-
tions prescribed in consultation with the Secretary of Health and
Human Services) or has a full and unrestricted license under State law
to practice professional nursing in the State of intended employment;
(D) is fully qualified and eligible under the laws (including tem-
porary licensing requirements authorizing the nurse to be employed)
governing the place of intended employment to engage in the practice
of professional nursing as a registered nurse immediately on admission
to the United States and is authorized under those laws to be employed by
the facility; and
(E) is one for whom the Secretary of Labor has certified to the At-
torney General that each facility (including the petitioner under sub-
section (c)(1) of this section and each worksite, except a private house-
hold worksite, that is not the alien’s employer or controlled by the em-
ployer) at which the alien will perform the services has an attestation
on file and in effect under section 2902 of this title; or
(2) is the spouse or child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(c) EMPLOYER PETITIONS.—(1) An employer intending to bring to the
United States an alien described in subsection (b)(1) of this section must
file a petition with the Attorney General. The Attorney General may ap-
prove a petition filed under this section only if the petition is filed during
the period from September 1, 1990, through August 31, 1995. The petition
must be in the form and contain the information the Attorney General pre-
scribes. Before approving a petition, the Attorney General shall consult with
the heads of appropriate agencies. The Attorney General must approve the
petition before a visa may be issued to the alien. Approval of a petition does
not establish by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the Attorney
General shall notify the petitioner of the decision and the reasons for the
denial and the way in which the petitioner may appeal the decision.
(d) PERIOD OF ADMISSION.—An alien classified as a nonimmigrant under
this section may be admitted for an initial period of not more than 3 years.
The initial period may be extended for one or more periods, but the total
period of admission may not be more than 5 years (or 6 years if the Attor-
ney General decides there are extraordinary circumstances).
(e) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—For
purposes of obtaining a visa or acquiring or maintaining the status of a
nonimmigrant classified under this section, the fact that an alien is the ben-
eficiary of an application for a preference status filed under subchapter I
of chapter 43 of this title or otherwise has sought permanent residence in
the United States is not evidence of an intention to abandon a residence
in a foreign country if the alien has acquired a change of status under sec-
tion 9109 of this title to a classification as such a nonimmigrant before the
alien’s most recent departure from the United States.