Immigration Amendments of 1988
PL 100-658 (H.R.5115), enacted 11/15/1988

102 STAT. 3908 
PUBLIC LAW 100-658—NOV. 15, 1988 
Public Law 100-658 
100th Congress 
An Act 
To extend for 2 years section 314 of the Immigration Reform and Control Act of 1986, 
Nov. 15, 1988 
to make additional visas available to immigrants from underrepresented countries 
[H.R. 5115] 
to enhance diversity in immigration, and to extend through December 31, 1989, 
H-1 nonimmigrant status for certain registered nurses. 
Be it enacted by the Senate and House of Representatives of the 
Immigration 
United States of America in Congress assembled, 
Amendments of 
1988. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Immigration Amendments of 1988". 
SEC. 2. 2-YEAR EXTENSION OF SECTION 314 OF THE IMMIGRATION 
REFORM AND CONTROL ACT OF 1986. 
(a) IN GENERAL.—Section 314(a) of the Immigration Reform and 
8 use 1153 note. Control Act of 1986 is amended by inserting "and 15,000 visa 
numbers in each of fiscal years 1989 and 1990" after "5,000 visa 
numbers in each of fiscal years 1987 and 1988". 
8 USC1153 note. 
(b) ADMINISTRATION.—In Carrying out the amendment made by 
subsection (a), the Secretary of State shall continue to use the list of 
qualified immigrants established under section 314 of the Immigra-
tion Reform and Control Act of 1986 before the date of the enact-
ment of this Act, and may continue to carry out such section under 
the regulations in effect (as of the date of July 1, 1988) under part 43 
of title 22 of the Code of Federal Regulations. 
8 u s e 1153 note. 
SEC. 3. MAKING 
VISAS 
AVAILABLE 
TO 
IMMIGRANTS 
FROM 
UNDERREPRESENTED COUNTRIES TO ENHANCE DIVERSITY IN 
IMMIGRATION. 
(a) AUTHORIZATION OF ADDITIONAL VISAS.—Notwithstanding the 
numerical limitations in section 201(a) of the Immigration and 
Nationality Act (relating to worldwide level of immigration), but 
subject to the numerical limitations in section 202 of such Act 
(relating to per country numerical limitations), there shall be made 
available 
to 
qualified 
immigrants 
who 
are 
natives 
of 
underrepresented countries 10,000 visa numbers in each of fiscal 
years 1990 and 1991. 
(b) DISTRIBUTION OF VISA NUMBERS.—The Secretary of State shall 
provide for making visa numbers provided under subsection (a) 
available in the same manner as visa numbers were made available 
to qualified immigrants under section 203(a)(7) of the Immigration 
and Nationality Act, except that such visas shall be made available 
strictly in a random order among those who qualify during an 
application period established by the Secretary of State and except 
that if more than one petition is submitted with respect to any alien 
all such petitions submitted with respect to the alien shall be voided. 
(c) WAIVER OF LABOR CERTIFICATION.—Section 212(a)(14) of the 
Immigration and Nationality Act shall not apply in the determina-
tion of an immigrant's eligibility to receive any visa made available 
PUBLIC LAW 100-658—NOV. 15,1988 
102 STAT. 3909 
under this section or in the admission of such an immigrant issued a 
visa under this section. 
(d) APPLICATION OF DEFINITIONS OF IMMIGRATION AND NATIONALITY 
ACT.—Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing in this section 
shall be held to repeal, amend, alter, modify, affect, or restrict the 
powers, duties, functions, or authority of the Attorney General in 
the administration and enforcement of such Act or any other law 
relating to immigration, nationality, or naturalization. 
(e) UNDERREPRESENTED COUNTRY DEFINED.—In this section, the 
term "underrepresented country" means a foreign state natives of 
which used, during fiscal year 1988, less than 25 percent of the 
maximum number of immigrant visa numbers otherwise available 
to it in that fiscal year under section 202(a) of the Immigration and 
Nationality Act. In applying the previous sentence, there shall not 
be taken into account visa numbers issued under section 314 of the 
Immigration Reform and Control Act of 1986. 
SEC. 4. EXTENSION OF H-1 STATUS FOR CERTAIN REGISTERED NURSES 
8 USC 1101 note. 
THROUGH DECEMBER 31, 1989. 
The Attorney General shall provide for the extension through 
December 
31, 1989, of nonimmigrant 
status 
under 
section 
101(a)(15)(H)(i) of the Immigration and Nationality Act for an alien 
to perform temporarily services as a registered nurse in the case of 
an alien who has had such-status for a period of at least 5 years i
f
— 
(1) such status has not expired as of the date of the enactment 
of this Act but would otherwise expire during 1988 or 1989, due 
only to the time limitation with respect to such status; or 
(2)(A) the alien's status as such a nonimmigrant expired 
during the period beginning on January 1, 1987, and ending on 
the date of the enactment of this Act, due only to the time 
limitation with respect to such status, 
(B) the alien is present in the United States as of the date of 
the enactment of this Act, 
(C) the alien has been employed as a registered nurse in the 
United States since the date of expiration of such status, and 
(D) in the case of an alien whose status expired during 1987, 
the alien's employer has filed with the Immigration and Natu-
ralization Service, before the date of the enactment of this Act, 
an appeal of a petition filed in connection with the alien's 
application for extension of such status. 
Approved November 15, 1988. 
LEGISLATIVE HISTORY—H.R. 5115: 
HOUSE REPORTS: No. 100-1038 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 5, considered and passed House. 
Oct. 21, considered and passed Senate.