; (3) may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and (4) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )). (e) Retroactive eligibility and numerical exemption Any nonimmigrant who has accrued 36 months of H–2B employment over the 10 years prior to the date of enactment of this Act shall be eligible to submit within 2 years after such date an application for adjustment of status to that of a lawful permanent resident, and such adjustment shall be exempt from all employment based numerical and per-country limits. (f) Conforming amendments (1) In general Section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) is amended by striking which he has no intention of abandoning . (2) No evidence Section 214(h) of the Immigration and Nationality Act ( 22 U.S.C. 1254(h) ) is amended by inserting or (H)(ii)(b) after (H)(i)(b) .