IIB 

112TH CONGRESS 

1ST SESSION H. R. 1933 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2011 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend the Immigration and Nationality Act to modify 

the requirements for admission of nonimmigrant nurses 

in health professional shortage areas. 

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


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1 SECTION 1. REQUIREMENTS FOR ADMISSION OF NON2 IMMIGRANT NURSES IN HEALTH PROFES3 SIONAL SHORTAGE AREAS. 

4 (a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS5 SION.—Section 212(m)(3) of the Immigration and Nation6 ality Act (8 U.S.C. 1182(m)(3)) is amended to read as 

7 follows: 

8 ‘‘(3) The initial period of authorized admission as a 

9 nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 

10 3 years, and may be extended once for an additional 3- 

11 year period.’’. 

12 (b) NUMBER OF VISAS.—Section 212(m)(4) of the 

13 Immigration and Nationality Act (8 U.S.C. 1182(m)(4)) 

14 is amended by striking ‘‘500.’’ and inserting ‘‘300.’’. 

15 (c) PORTABILITY.—Section 214(n) of the Immigra16 tion and Nationality Act (8 U.S.C. 1184(n)) is amended 

17 by adding at the end the following: 

18 ‘‘(3)(A) A nonimmigrant alien described in subpara19 graph (B) who was previously issued a visa or otherwise 

20 provided nonimmigrant status under section 

21 101(a)(15)(H)(i)(c) is authorized to accept new employ22 ment performing services as a registered nurse for a facil23 ity described in section 212(m)(6) upon the filing by the 

24 prospective employer of a new petition on behalf of such 

25 nonimmigrant as provided under subsection (c). Employ26 ment authorization shall continue for such alien until the 


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1 new petition is adjudicated. If the new petition is denied, 

2 such authorization shall cease. 

3 ‘‘(B) A nonimmigrant alien described in this para4 graph is a nonimmigrant alien— 

5 ‘‘(i) who has been lawfully admitted into the 

6 United States; 

7 ‘‘(ii) on whose behalf an employer has filed a 

8 nonfrivolous petition for new employment before the 

9 date of expiration of the period of stay authorized by 

10 the Secretary of Homeland Security, except that, if 

11 a nonimmigrant described in section 

12 101(a)(15)(H)(i)(c) is terminated or laid off by the 

13 nonimmigrant’s employer, or otherwise ceases em14 ployment with the employer, such petition for new 

15 employment shall be filed during the 45-day period 

16 beginning on the date of such termination, lay off, 

17 or cessation; and 

18 ‘‘(iii) who, subsequent to such lawful admission, 

19 has not been employed without authorization in the 

20 United States before the filing of such petition.’’. 

21 (d) APPLICABILITY.— 

22 (1) IN GENERAL.—During the 3-year period be23 ginning on the commencement date described in 

24 paragraph (2), the amendments made by section 2 

25 of the Nursing Relief for Disadvantaged Areas Act 


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1 of 1999 (Public Law 106–95), and the amendments 

2 made by this section, shall apply to classification pe3 titions filed for nonimmigrant status. This period 

4 shall be in addition to the period described in section 

5 2(e) of the Nursing Relief for Disadvantaged Areas 

6 Act of 1999. 

7 (2) COMMENCEMENT DATE.—Not later than 60 

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

9 Secretary of Homeland Security shall determine 

10 whether regulations are necessary to implement the 

11 amendments made by this section. If the Secretary 

12 determines that no such regulations are necessary, 

13 the commencement date described in this paragraph 

14 shall be the date of such determination. If the Sec15 retary determines that regulations are necessary to 

16 implement any amendment made by this section, the 

17 commencement date described in this paragraph 

18 shall be the date on which such regulations (in final 

19 form) take effect. 

Passed the House of Representatives August 1, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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