[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2705 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2705
To modify the requirements applicable to the admission into the United
States of H-1C nonimmigrant registered nurses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2001
Ms. Jackson-Lee of Texas introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To modify the requirements applicable to the admission into the United
States of H-1C nonimmigrant registered nurses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural and Urban Health Care Act of
2001''.
SEC. 2. REQUIREMENTS FOR ADMISSION OF H-1C NONIMMIGRANT NURSES.
(a) In General.--Section 212(m) of the Immigration and Nationality
Act (8 U.S.C. 1182(m)) is amended to read as follows:
``(m)(1) The qualifications referred to in section
101(a)(15)(H)(i)(c), with respect to an alien who is coming to the
United States to perform nursing services for a facility, are that the
alien--
``(A) has obtained a full and unrestricted license to
practice professional nursing in the country where the alien
obtained nursing education or has received nursing education in
the United States or Canada;
``(B) has passed the examination given by the Commission on
Graduates of Foreign Nursing Schools or another appropriate
examination (recognized in regulations promulgated in
consultation with the Secretary of Health and Human Services)
or has a full and unrestricted license under State law to
practice professional nursing in the State of intended
employment; and
``(C) is fully qualified and eligible under the laws
(including such temporary or interim licensing requirements
which authorize the nurse to be employed) governing the place
of intended employment to engage in the practice of
professional nursing as a registered nurse immediately upon
admission to the United States and is authorized under such
laws to be employed by the facility, except that, in the case
of an alien who is otherwise eligible to take the State
licensure examination after entering into the United States,
but who has not passed such examination before entering--
``(i) the alien may take such examination not more
than twice after entering, but the alien's status as a
nonimmigrant under section 101(a)(15)(H)(i)(c) shall
terminate, and the alien shall be required to depart
the United States, if the alien does not pass such
examination either the first or second time; and
``(ii) the failure of the alien to have obtained a
social security account number shall not be deemed a
ground of ineligibility to take such examination.
``(2)(A) The attestation referred to in section
101(a)(15)(H)(i)(c), with respect to a facility for which an alien will
perform services, is an attestation as to the following:
``(i) The employment of the alien will not adversely affect
the wages and working conditions of registered nurses similarly
employed by the facility.
``(ii) The alien will be paid the wage rate for registered
nurses similarly employed by the facility.
``(iii) There is not a strike or lockout in the course of a
labor dispute, the facility did not lay off and will not lay
off a registered staff nurse employed by the facility within
the period beginning 90 days before and ending 90 days after
the date of filing of any visa petition, and the employment of
such an alien is not intended or designed to influence an
election for a bargaining representative for registered nurses
of the facility.
``(iv) At the time of the filing of the petition for
registered nurses under section 101(a)(15)(H)(i)(c), notice of
the filing has been provided by the facility to the bargaining
representative of the registered nurses at the facility or,
where there is no such bargaining representative, notice of the
filing has been provided to the registered nurses employed at
the facility through posting in conspicuous locations.
``(v) The facility will not, with respect to any alien
issued a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(c)--
``(I) authorize the alien to perform nursing
services at any worksite other than a worksite
controlled by the facility; or
``(II) transfer the place of employment of the
alien from one worksite to another.
``(vi) The facility will not, with respect to any alien
issued a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(c), require the alien to pay a penalty
(as determined under State law) for ceasing employment prior to
a date agreed to by the alien and the facility.
``(B) A copy of the attestation shall be provided, within 30 days
of the date of filing, to registered nurses employed at the facility on
the date of filing.
``(C) The Secretary shall review the attestation only for
completeness and obvious inaccuracies. Unless the Secretary finds that
the attestation is incomplete or obviously inaccurate, the Secretary
shall provide the certification described in section
101(a)(15)(H)(i)(c) within 7 days of the date of the filing of the
attestation.
``(D) Subject to subparagraph (F), an attestation under
subparagraph (A)--
``(i) shall expire on the date that is the later of--
``(I) the end of the 3-year period beginning on the
date of its filing with the Secretary of; or
``(II) the end of the period of admission under
section 101(a)(15)(H)(i)(c) of the last alien with
respect to whose admission it was applied (in
accordance with clause (ii)); and
``(ii) shall apply to petitions filed during the 3-year
period beginning on the date of its filing with the Secretary
if the facility states in each such petition that it continues
to comply with the conditions in the attestation.
``(E) A facility may meet the requirements of this paragraph with
respect to more than one registered nurse in a single attestation.
``(F)(i) The Secretary of Labor shall compile and make available
for public examination in a timely manner in Washington, D.C., a list
identifying facilities that have filed petitions for nonimmigrants
under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy
of the facility's attestation under subparagraph (A) (and accompanying
documentation) and each such petition filed by the facility.
``(ii) The Secretary shall establish a process, including
reasonable time limits, for the receipt, investigation, and disposition
of complaints respecting a facility's failure to meet conditions
attested to or a facility's misrepresentation of a material fact in an
attestation. Complaints may be filed by any aggrieved person or
organization (including bargaining representatives, associations deemed
appropriate by the Secretary, and other aggrieved parties as determined
under regulations of the Secretary). The Secretary shall conduct an
investigation under this clause if there is reasonable cause to believe
that a facility willfully failed to meet conditions attested to.
Subject to the time limits established under this clause, this
subparagraph shall apply regardless of whether an attestation is
expired or unexpired at the time a complaint is filed.
``(iii) Under such process, the Secretary shall provide, within 180
days after the date such a complaint is filed, for a determination as
to whether or not a basis exists to make a finding described in clause
(iv). If the Secretary determines that such a basis exists, the
Secretary shall provide for notice of such determination to the
interested parties and an opportunity for a hearing on the complaint
within 60 days of the date of the determination.
``(iv) If the Secretary of Labor finds, after notice and
opportunity for a hearing, that a facility (for which an attestation is
made) has willfully failed to meet a condition attested to or that
there was a willful misrepresentation of material fact in the
attestation, the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative remedies
(including civil monetary penalties in an amount not to exceed $1,000
per nurse per violation, with the total penalty not to exceed $10,000
per violation) as the Secretary determines to be appropriate. Upon
receipt of such notice, the Attorney General shall not approve
petitions filed with respect to a facility during a period of at least
one year for nurses to be employed by the facility.
``(v) In addition to the sanctions provided for under clause (iv),
if the Secretary finds, after notice and an opportunity for a hearing,
that a facility has violated the condition attested to under
subparagraph (A)(ii) (relating to payment of registered nurses at the
prevailing wage rate), the Secretary shall order the facility to
provide for payment of such amounts of back pay as may be required to
comply with such condition.
``(G)(i) The Secretary shall impose on a facility filing an
attestation under subparagraph (A) a filing fee, in an amount
prescribed by the Secretary based on the costs of carrying out the
Secretary's duties under this subsection, but not exceeding $250.
``(ii) Fees collected under this subparagraph shall be deposited in
a fund established for this purpose in the Treasury of the United
States.
``(iii) The collected fees in the fund shall be available to the
Secretary, to the extent and in such amounts as may be provided in
appropriations Acts, to cover the costs described in clause (i), in
addition to any other funds that are available to the Secretary to
cover such costs.
``(3) The period of admission of an alien under section
101(a)(15)(H)(i)(c) shall be for an initial period not to exceed 3
years, and may be extended if the extension does not cause the total
period of authorized admission as such a nonimmigrant to exceed 6
years.
``(4) The total number of nonimmigrant visas issued pursuant to
petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year
shall not exceed 195,000.
``(5) A facility that has filed a petition under section
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing
services for the facility--
``(A) shall provide the nonimmigrant a wage rate and
working conditions commensurate with those of nurses similarly
employed by the facility; and
``(B) shall not interfere with the right of the
nonimmigrant to join or organize a union.
``(6) For purposes of this subsection and section
101(a)(15)(H)(i)(c):
``(A) The term `facility' includes a hospital, nursing
home, skilled nursing facility, registry, clinic, assisted-
living center, and an employer who employs any registered nurse
in a home setting.
``(B)(i) The term `lay off' with respect to a worker (for
purposes of paragraph (2)(A)(iii))--
``(I) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace rules,
cause, voluntary departure, voluntary retirement, or
the expiration of a grant or contract; but
``(II) does not include any situation in which the
worker's offered, as an alternative to such loss of
employment, a similar employment opportunity with the
same employer at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee
accepts the offer.
``(ii) Nothing in this subparagraph is intended to limit an
employee's or an employer's rights under a collective
bargaining agreement or other employment contract.
``(C) The term `Secretary' means the Secretary of Labor.''.
(b) Regulations; Effective Date.--Not later than 90 days after the
date of the enactment of this Act, regulations to carry out subsection
(a) shall be promulgated by the Secretary of Labor, in consultation
with the Secretary of Health and Human Services and the Attorney
General. Notwithstanding the preceding sentence, the amendment made by
subsection (a) shall take effect 90 days after the date of the
enactment of this Act, regardless of whether such regulations are in
effect on such date.
SEC. 3. INCREASE IN NUMBER OF WAIVERS OF TWO-YEAR FOREIGN RESIDENCE
REQUIREMENT UPON REQUESTS BY STATE AGENCIES.
Section 214(l)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1184(l)(1)(B)) is amended by striking ``20;'' and inserting
``40;''.
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