In the Senate of the United States,
October 22, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 441) entitled ‘‘An Act to amend the Immigration
and Nationality Act with respect to the requirements for the
admission of nonimmigrant nurses who will practice in health
professional shortage areas.’’, do pass with the following
AMENDMENT:
Page 18, after line 5, insert:
SEC. 5. NATIONAL INTEREST WAIVERS OF JOB OFFER RE-
QUIREMENTS FOR ALIENS WHO ARE MEM-
BERS OF THE PROFESSIONS HOLDING AD-
VANCED DEGREES OR ALIENS OF EXCEP-
TIONAL ABILITY.
Section 203(b)(2)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(2)(B)) is amended to read as
follows:
‘‘(B) WAIVER OF JOB OFFER.—
HR 441 EAS
‘‘(i) NATIONAL
INTEREST
WAIVER.—
Subject to clause (ii), the Attorney General
may, when the Attorney General deems it to
be in the national interest, waive the re-
quirements of subparagraph (A) that an
alien’s services in the sciences, arts, profes-
sions, or business be sought by an employer
in the United States.
‘‘(ii) PHYSICIANS WORKING IN SHORT-
AGE AREAS OR VETERANS FACILITIES.—
‘‘(I) IN GENERAL.—The Attorney
General shall grant a national interest
waiver pursuant to clause (i) on behalf
of any alien physician with respect to
whom a petition for preference classi-
fication has been filed under subpara-
graph (A) if—
‘‘(aa) the alien physician
agrees to work full time as a phy-
sician in an area or areas des-
ignated by the Secretary of Health
and Human Services as having a
shortage of health care profes-
sionals or at a health care facility
HR 441 EAS
under the jurisdiction of the Sec-
retary of Veterans Affairs; and
‘‘(bb) a Federal agency or a
department of public health in
any State has previously deter-
mined that the alien physician’s
work in such an area or at such
facility was in the public interest.
‘‘(II) PROHIBITION.—No perma-
nent resident visa may be issued to an
alien physician described in subclause
(I) by the Secretary of State under sec-
tion 204(b), and the Attorney General
may not adjust the status of such an
alien physician from that of a non-
immigrant alien to that of a perma-
nent resident alien under section 245,
until such time as the alien has worked
full time as a physician for an aggre-
gate of five years (not including the
time served in the status of an alien
described in section 101(a)(15)(J)), in
an area or areas designated by the Sec-
retary of Health and Human Services
as having a shortage of health care
HR 441 EAS
professionals or at a health care facil-
ity under the jurisdiction of the Sec-
retary of Veterans Affairs.
‘‘(III) 
STATUTORY
CONSTRUC-
TION.—Nothing in this subparagraph
may be construed to prevent the filing
of a petition with the Attorney General
for classification under section 204(a),
or the filing of an application for ad-
justment of status under section 245,
by an alien physician described in sub-
clause (I) prior to the date by which
such alien physician has completed the
service described in subclause (II).
‘‘(IV) EFFECTIVE DATE.—The re-
quirements of this subsection do not af-
fect waivers on behalf of alien physi-
cians 
approved 
under 
section
203(b)(2)(B) before the enactment date
of this subsection. In the case of a phy-
sician for whom an application for a
waiver 
was 
filed 
under 
section
203(b)(2)(B) prior to November 1,
1998, the Attorney General shall grant
a national interest waiver pursuant to
HR 441 EAS
agement consulting firms or by the elected members (part-
ners, shareholders, members, employees) thereof, an entity
that is organized outside the United States to provide ac-
counting or management consulting services shall be consid-
ered to be an affiliate of the United States accounting or
management consulting partnership if it markets its ac-
counting or management consulting services under the same
internationally recognized name directly or indirectly
under an agreement with the same worldwide coordinating
organization of which the United States partnership is also
a member. Those partnerships organized within the United
States and entities organized outside the United States
which are considered affiliates under this subsection shall
continue to be considered affiliates to the extent such firms
enter into a plan of association with a successor worldwide
coordinating organization, which need not be collectively
owned and controlled.’’.
Attest:
Secretary.