I 

109TH CONGRESS 

1ST SESSION H. R. 248

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 

JANUARY 6, 2005

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rural and Urban 

5 Health Care Act of 2005’’. 

6 SEC. 2. REQUIREMENTS FOR ADMISSION OF H–1C NON7 IMMIGRANT NURSES. 

8 (a) IN GENERAL.—Section 212(m) of the Immigra9 tion and Nationality Act (8 U.S.C. 1182(m)) is amended 

10 to read as follows: 
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1 ‘‘(m)(1) The qualifications referred to in section 

2 101(a)(15)(H)(i)(c), with respect to an alien who is com3 ing to the United States to perform nursing services for 

4 a facility, are that the alien—

5 ‘‘(A) has obtained a full and unrestricted li6 cense to practice professional nursing in the country 

7 where the alien obtained nursing education or has 

8 received nursing education in the United States or 

9 Canada; 

10 ‘‘(B) has passed the examination given by the 

11 Commission on Graduates of Foreign Nursing 

12 Schools or another appropriate examination (recog13 nized in regulations promulgated in consultation 

14 with the Secretary of Health and Human Services) 

15 or has a full and unrestricted license under State 

16 law to practice professional nursing in the State of 

17 intended employment; and 

18 ‘‘(C) is fully qualified and eligible under the 

19 laws (including such temporary or interim licensing 

20 requirements which authorize the nurse to be em21 ployed) governing the place of intended employment 

22 to engage in the practice of professional nursing as 

23 a registered nurse immediately upon admission to 

24 the United States and is authorized under such laws 

25 to be employed by the facility, except that, in the 
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1 case of an alien who is otherwise eligible to take the 

2 State licensure examination after entering into the 

3 United States, but who has not passed such exam4 ination before entering—

5 ‘‘(i) the alien may take such examination 

6 not more than twice after entering, but the 

7 alien’s status as a nonimmigrant under section 

8 101(a)(15)(H)(i)(c) shall terminate, and the 

9 alien shall be required to depart the United 

10 States, if the alien does not pass such examina11 tion either the first or second time; and 

12 ‘‘(ii) the failure of the alien to have ob13 tained a social security account number shall 

14 not be deemed a ground of ineligibility to take 

15 such examination. 

16 ‘‘(2)(A) The attestation referred to in section 

17 101(a)(15)(H)(i)(c), with respect to a facility for which 

18 an alien will perform services, is an attestation as to the 

19 following: 

20 ‘‘(i) The employment of the alien will not ad21 versely affect the wages and working conditions of 

22 registered nurses similarly employed by the facility. 

23 ‘‘(ii) The alien will be paid the wage rate for 

24 registered nurses similarly employed by the facility. 
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1 ‘‘(iii) There is not a strike or lockout in the 

2 course of a labor dispute, the facility did not lay off 

3 and will not lay off a registered staff nurse employed 

4 by the facility within the period beginning 90 days 

5 before and ending 90 days after the date of filing of 

6 any visa petition, and the employment of such an 

7 alien is not intended or designed to influence an 

8 election for a bargaining representative for reg9 istered nurses of the facility. 

10 ‘‘(iv) At the time of the filing of the petition for 

11 registered nurses under section 101(a)(15)(H)(i)(c), 

12 notice of the filing has been provided by the facility 

13 to the bargaining representative of the registered 

14 nurses at the facility or, where there is no such bar15 gaining representative, notice of the filing has been 

16 provided to the registered nurses employed at the fa17 cility through posting in conspicuous locations. 

18 ‘‘(v) The facility will not, with respect to any 

19 alien issued a visa or otherwise provided non20 immigrant status under section 

21 101(a)(15)(H)(i)(c)—

22 ‘‘(I) authorize the alien to perform nursing 

23 services at any worksite other than a worksite 

24 controlled by the facility; or 
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1 ‘‘(II) transfer the place of employment of 

2 the alien from one worksite to another. 

3 ‘‘(vi) The facility will not, with respect to any 

4 alien issued a visa or otherwise provided non5 immigrant status under section 101(a)(15)(H)(i)(c), 

6 require the alien to pay a penalty (as determined 

7 under State law) for ceasing employment prior to a 

8 date agreed to by the alien and the facility. 

9 ‘‘(B) A copy of the attestation shall be provided, with10 in 30 days of the date of filing, to registered nurses em11 ployed at the facility on the date of filing. 

12 ‘‘(C) The Secretary shall review the attestation only 

13 for completeness and obvious inaccuracies. Unless the Sec14 retary finds that the attestation is incomplete or obviously 

15 inaccurate, the Secretary shall provide the certification de16 scribed in section 101(a)(15)(H)(i)(c) within 7 days of the 

17 date of the filing of the attestation. 

18 ‘‘(D) Subject to subparagraph (F), an attestation 

19 under subparagraph (A)—

20 ‘‘(i) shall expire on the date that is the later 

21 of—

22 ‘‘(I) the end of the 3-year period beginning 

23 on the date of its filing with the Secretary; or 

24 ‘‘(II) the end of the period of admission 

25 under section 101(a)(15)(H)(i)(c) of the last 
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1 alien with respect to whose admission it was ap2 plied (in accordance with clause (ii)); and 

3 ‘‘(ii) shall apply to petitions filed during the 3-

4 year period beginning on the date of its filing with 

5 the Secretary if the facility states in each such peti6 tion that it continues to comply with the conditions 

7 in the attestation. 

8 ‘‘(E) A facility may meet the requirements of this 

9 paragraph with respect to more than one registered nurse 

10 in a single attestation. 

11 ‘‘(F)(i) The Secretary of Labor shall compile and 

12 make available for public examination in a timely manner 

13 in Washington, D.C., a list identifying facilities that have 

14 filed petitions for nonimmigrants under section 

15 101(a)(15)(H)(i)(c) and, for each such facility, a copy of 

16 the facility’s attestation under subparagraph (A) (and ac17 companying documentation) and each such petition filed 

18 by the facility. 

19 ‘‘(ii) The Secretary shall establish a process, includ20 ing reasonable time limits, for the receipt, investigation, 

21 and disposition of complaints respecting a facility’s failure 

22 to meet conditions attested to or a facility’s misrepresenta23 tion of a material fact in an attestation. Complaints may 

24 be filed by any aggrieved person or organization (including 

25 bargaining representatives, associations deemed appro-
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1 priate by the Secretary, and other aggrieved parties as de2 termined under regulations of the Secretary). The Sec3 retary shall conduct an investigation under this clause if 

4 there is reasonable cause to believe that a facility willfully 

5 failed to meet conditions attested to. Subject to the time 

6 limits established under this clause, this subparagraph 

7 shall apply regardless of whether an attestation is expired 

8 or unexpired at the time a complaint is filed. 

9 ‘‘(iii) Under such process, the Secretary shall provide, 

10 within 180 days after the date such a complaint is filed, 

11 for a determination as to whether or not a basis exists 

12 to make a finding described in clause (iv). If the Secretary 

13 determines that such a basis exists, the Secretary shall 

14 provide for notice of such determination to the interested 

15 parties and an opportunity for a hearing on the complaint 

16 within 60 days of the date of the determination. 

17 ‘‘(iv) If the Secretary of Labor finds, after notice and 

18 opportunity for a hearing, that a facility (for which an 

19 attestation is made) has willfully failed to meet a condition 

20 attested to or that there was a willful misrepresentation 

21 of material fact in the attestation, the Secretary shall no22 tify the Attorney General of such finding and may, in ad23 dition, impose such other administrative remedies (includ24 ing civil monetary penalties in an amount not to exceed 

25 $1,000 per nurse per violation, with the total penalty not 
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1 to exceed $10,000 per violation) as the Secretary deter2 mines to be appropriate. Upon receipt of such notice, the 

3 Attorney General shall not approve petitions filed with re4 spect to a facility during a period of at least one year for 

5 nurses to be employed by the facility. 

6 ‘‘(v) In addition to the sanctions provided for under 

7 clause (iv), if the Secretary finds, after notice and an op8 portunity for a hearing, that a facility has violated the 

9 condition attested to under subparagraph (A)(ii) (relating 

10 to payment of registered nurses at the prevailing wage 

11 rate), the Secretary shall order the facility to provide for 

12 payment of such amounts of back pay as may be required 

13 to comply with such condition. 

14 ‘‘(G)(i) The Secretary shall impose on a facility filing 

15 an attestation under subparagraph (A) a filing fee, in an 

16 amount prescribed by the Secretary based on the costs of 

17 carrying out the Secretary’s duties under this subsection, 

18 but not exceeding $250. 

19 ‘‘(ii) Fees collected under this subparagraph shall be 

20 deposited in a fund established for this purpose in the 

21 Treasury of the United States. 

22 ‘‘(iii) The collected fees in the fund shall be available 

23 to the Secretary, to the extent and in such amounts as 

24 may be provided in appropriations Acts, to cover the costs 
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1 described in clause (i), in addition to any other funds that 

2 are available to the Secretary to cover such costs. 

3 ‘‘(3) The period of admission of an alien under sec4 tion 101(a)(15)(H)(i)(c) shall be for an initial period not 

5 to exceed 3 years, and may be extended if the extension 

6 does not cause the total period of authorized admission 

7 as such a nonimmigrant to exceed 6 years. 

8 ‘‘(4) The total number of nonimmigrant visas issued 

9 pursuant to petitions granted under section 

10 101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 

11 195,000. 

12 ‘‘(5) A facility that has filed a petition under section 

13 101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform 

14 nursing services for the facility—

15 ‘‘(A) shall provide the nonimmigrant a wage 

16 rate and working conditions commensurate with 

17 those of nurses similarly employed by the facility; 

18 and 

19 ‘‘(B) shall not interfere with the right of the 

20 nonimmigrant to join or organize a union. 

21 ‘‘(6) For purposes of this subsection and section 

22 101(a)(15)(H)(i)(c): 

23 ‘‘(A) The term ‘facility’ includes a hospital, 

24 nursing home, skilled nursing facility, registry, clin-
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1 ic, assisted-living center, and an employer who em2 ploys any registered nurse in a home setting. 

3 ‘‘(B)(i) The term ‘lay off’ with respect to a 

4 worker (for purposes of paragraph (2)(A)(iii))—

5 ‘‘(I) means to cause the worker’s loss of 

6 employment, other than through a discharge for 

7 inadequate performance, violation of workplace 

8 rules, cause, voluntary departure, voluntary re9 tirement, or the expiration of a grant or con10 tract; but 

11 ‘‘(II) does not include any situation in 

12 which the worker’s offered, as an alternative to 

13 such loss of employment, a similar employment 

14 opportunity with the same employer at equiva15 lent or higher compensation and benefits than 

16 the position from which the employee was dis17 charged, regardless of whether or not the em18 ployee accepts the offer. 

19 ‘‘(ii) Nothing in this subparagraph is intended 

20 to limit an employee’s or an employer’s rights under 

21 a collective bargaining agreement or other employ22 ment contract. 

23 ‘‘(C) The term ‘Secretary’ means the Secretary 

24 of Labor.’’. 
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1 (b) REGULATIONS; EFFECTIVE DATE.—Not later 

2 than 90 days after the date of the enactment of this Act, 

3 regulations to carry out subsection (a) shall be promul4 gated by the Secretary of Labor, in consultation with the 

5 Secretary of Health and Human Services and the Attorney 

6 General. Notwithstanding the preceding sentence, the 

7 amendment made by subsection (a) shall take effect 90 

8 days after the date of the enactment of this Act, regardless 

9 of whether such regulations are in effect on such date. 

10 SEC. 3. INCREASE IN NUMBER OF WAIVERS OF TWO-YEAR 

11 FOREIGN RESIDENCE REQUIREMENT UPON 

12 REQUESTS BY STATE AGENCIES. 

13 Section 214(l)(1)(B) of the Immigration and Nation14 ality Act (8 U.S.C. 1184(l)(1)(B)) is amended by striking 

15 ‘‘30;’’ and inserting ‘‘40;’’.

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