< Back to H.R. 5115 (100th Congress, 1987–1988)

Text of Immigration Amendments of 1988

This bill was enacted after being signed by the President on November 15, 1988. The text of the bill below is as of Nov 15, 1988 (Passed Congress/Enrolled Bill).

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) I N 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 if— (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.