Immigration Nursing Relief Act of 1989
Public Law 101-238 · H.R. 3259 · 101st Congress · began in the House
Signed by George H. W. Bush (R) on Dec 18, 1989 · Immigration
Sponsor: Rep. Chuck Schumer (D-NY-10)
Cosponsors (4): Rep. Bruce Morrison, Rep. Barney Frank,
Passage votes
- HouseUnanimous consent
- SenateVoice vote
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Immigration Nursing Relief Act of 1989 - Provides for adjustment to immigrant status without regard to specified numerical limitations under the Immigration and Nationality Act for an alien (and accompanying spouse and children): (1) who as of September 1, 1989, had H-1 nonimmigrant registered nurse status; (2) who has been employed in that capacity for at least three years prior to applying for status adjustment; and (3) whose continued nursing employment meets certain labor certification requirements. Requires the Attorney General to issue implementing regulations within 90 days of enactment of this Act.
Provides that H-1 nurses whose visas expire December 31, 1989, shall be considered to be in legal status for 120 days after the promulgation of related Immigration and Naturalization Service regulations.
Amends the Immigration Reform and Control Act of 1986 to authorize additional uses of State legislation impact assistance grants for: (1) amnesty program outreach; and (2) employer sanctions education.
Requires adjustment applications to be filed within five years of the date of such regulations issuance.
Amends the Immigration and Nationality Act to establish a new procedure for the admission of nonimmigrant (H-1a) nurses. Requires such an alien: (1) to be licensed as a nurse in the country where he or she received nursing education, or to have received such education in the United States or Canada; and (2) to have passed an appropriate examination or to have a license and be otherwise eligible to practice immediately in the State of intended employment.
Requires the employer-facility to attest that: (1) services are necessary to avoid substantial disruption of health care services; (2) such alien's employment will not affect similarly employed nurses' wages and working conditions; (3) such alien will be paid the wage for similarly employed nurses at the facility; (4) steps are being taken to recruit and retain U.S. citizen or immigrant nurses, or that the facility is subject to an approved State plan for such purpose; (5) there is no ongoing strike or labor dispute; and (6) notice of such hiring petition has been given to the nurses' bargaining representative, or conspicuously posted if no such representative exists.
States that a facility shall not meet the "substantial disruption of services" requirement if it has laid off registered nurses within the previous year.
Enumerates facility "nurse recruitment and retention" steps, including: (1) operating or financing training or career development programs; and (2) paying wages above local wage rates or providing salary advancement opportunities.
Makes such attestations valid for one year. Permits multiple petitions to be filed on the basis of one attestation.
Requires the Secretary of Labor to compile and make available in Washington, D.C., a list of facility petitions and attestations.
Requires the Secretary to establish a process for the receipt, investigation, and disposition of complaints with respect to a facility's failure to comply with the terms of its attestation. Authorizes: (1) an aggrieved person or organization (including a bargaining representative) to file a complaint; and (2) the Secretary to initiate an investigation. Requires: (1) the Secretary to make a determination within 180 days of a complaint; and (2) a hearing on the complaint within 60 days of such determination. Authorizes civil monetary penalties (not to exceed $1,000 per violation) for violations and prohibits the approval of such facility's petitions for one year. Requires the payment of back wages where appropriate.
Directs the Secretary to provide for a process under which a State may submit a plan for the recruitment and retention of U.S. citizen and immigrant nurses.
Establishes for H-1a alien nurses an initial admission period of up to three years, with an extension period not to exceed a total admissions period of five years (six years under extraordinary circumstances).
Directs the Secretary to appoint an advisory group by January 1, 1991, with regard to: (1) the impact of the H-1a program on the nursing shortage; (2) recruitment and retention of U.S. nurses; and (3) program extension.
Amends provisions of the seasonal agricultural worker (SAW) program to permit the Attorney General to deny permanent status adjustment and terminate temporary resident status in the case of an alien: (1) who received such temporary status through fraud or willful misrepresentation; or (2) who is inadmissible as an alien or who has been convicted of a felony or three or more misdemeanors in the United States.
Directs the Attorney General: (1) before June 1, 1991, to consult with State governments about improving the security of State or local documents provided to the Government under the Immigration and Nationality Act; and (2) report to the appropriate congressional committees before September 1, 1991, and again by August 1, 1993.
Directs the Attorney General to make grants to, and enter into contracts with, California and at least two other States with large immigrant populations for initiatives to improve document security. Authorizes FY 1992 appropriations.
Amends the Immigration Reform and Control Act of 1986 to authorize additional uses of State legalization impact assistance grants for: (1) amnesty program outreach; and (2) employer sanctions education.
Committees
The committees the bill was sent to, and what each did with it.

Judiciary Committee · Senate · markup by, referred to, reported bySubcommittee: Border Security and Immigration Subcommittee
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 23 actions.
- Dec 18, 1989Became lawBecame law · Became Public Law No: 101-238.
- Became lawBecame law · Signed by President.
- Dec 7, 1989PresidentPresident · Presented to President.
- Nov 21, 1989Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
- Resolving differencesResolving differences · On motion that the House agree to the Senate amendments Agreed to without objection.
- Resolving differencesResolving differences · Mr. Morrison (CT) asked unanimous consent that the House agree to the Senate amendments.
- Nov 20, 1989FloorFloor · Passed Senate with amendments by Voice Vote.
- FloorFloor · Amendment SP 1193 agreed to in Senate by Voice Vote.
- FloorFloor · Amendment SP 1192 agreed to in Senate by Voice Vote.
- FloorFloor · Measure laid before Senate by unanimous consent.
- Nov 18, 1989CommitteeCommittee · Reported by Senate Judiciary Committee
- Nov 16, 1989CommitteeCommittee · Markup by Senate Judiciary Committee
- Oct 20, 1989CommitteeCommittee · Referred to Border Security and Immigration Subcommittee of the Senate Judiciary Committee
- Oct 18, 1989CommitteeCommittee · Referred to Senate Judiciary Committee
- Oct 17, 1989FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- FloorFloor · On ordering a second Agreed to without objection.
- FloorFloor · Mr. Smith (TX) demanded a second on the motion to suspend the rules.
- FloorFloor · Mr. Brooks moved to suspend the rules and pass the bill, as amended.
- Oct 16, 1989CommitteeCommittee · Reported by House Judiciary Committee
- Oct 3, 1989CommitteeCommittee · Markup by House Judiciary Committee
- Sep 13, 1989CommitteeCommittee · Referred to House Judiciary Committee
- IntroducedIntroduced · Introduced in the House
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.