IB 

Union Calendar No. 99 

112TH CONGRESS 

1ST SESSION H. R. 1933 

[Report No. 112–153] 

To amend the Immigration and Nationality Act to modify the requirements 

for admission of nonimmigrant nurses in health professional shortage areas. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2011 

Mr. SMITH of Texas (for himself, Mr. CUELLAR, and Mr. ROSKAM) introduced 

the following bill; which was referred to the Committee on the Judiciary 

JULY 19, 2011 

Additional sponsors: Mr. RUSH and Mr. HINOJOSA

JULY 19, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

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A BILL 

To amend the Immigration and Nationality Act to modify 

the requirements for admission of nonimmigrant nurses 

in health professional shortage areas. 

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

3 SECTION 1. REQUIREMENTS FOR ADMISSION OF NON4 IMMIGRANT NURSES IN HEALTH PROFES5 SIONAL SHORTAGE AREAS. 

6 (a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS7 SION.—Section 212(m)(3) of the Immigration and Nation8 ality Act (8 U.S.C. 1182(m)(3)) is amended to read as 

9 follows: 

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

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

12 3 years, and may be extended once for an additional 3- 

13 year period.’’. 

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

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

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

17 (c) APPLICABILITY.— 

18 (1) IN GENERAL.—During the 3-year period be19 ginning on the commencement date described in 

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

21 of the Nursing Relief for Disadvantaged Areas Act 

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

23 made by subsections (a) and (b) of this section, shall 

24 apply to classification petitions filed for non25 immigrant status. This period shall be in addition to 

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1 the period described in section 2(e) of the Nursing 

2 Relief for Disadvantaged Areas Act of 1999. 

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

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

5 Secretary of Homeland Security shall determine 

6 whether regulations are necessary to implement the 

7 amendments made by subsection (a) and (b). If the 

8 Secretary determines that no such regulations are 

9 necessary, the commencement date described in this 

10 paragraph shall be the date of such determination. 

11 If the Secretary determines that regulations are nec12 essary to implement subsection (a) or (b), the com13 mencement date described in this paragraph shall be 

14 the date on which such regulations (in final form) 

15 take effect. 

16 SECTION 1. REQUIREMENTS FOR ADMISSION OF NON17 IMMIGRANT NURSES IN HEALTH PROFES18 SIONAL SHORTAGE AREAS. 

19 (a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS20 SION.—Section 212(m)(3) of the Immigration and Nation21 ality Act (8 U.S.C. 1182(m)(3)) is amended to read as fol22 lows: 

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

24 nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 3 

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

2 period.’’. 

3 (b) NUMBER OF VISAS.—Section 212(m)(4) of the Im4 migration and Nationality Act (8 U.S.C. 1182(m)(4)) is 

5 amended by striking ‘‘500.’’ and inserting ‘‘300.’’. 

6 (c) PORTABILITY.—Section 214(n) of the Immigration 

7 and Nationality Act (8 U.S.C. 1184(n)) is amended by add8 ing at the end the following: 

9 ‘‘(3)(A) A nonimmigrant alien described in subpara10 graph (B) who was previously issued a visa or otherwise 

11 provided nonimmigrant status under section 

12 101(a)(15)(H)(i)(c) is authorized to accept new employ13 ment performing services as a registered nurse for a facility 

14 described in section 212(m)(6) upon the filing by the pro15 spective employer of a new petition on behalf of such non16 immigrant as provided under subsection (c). Employment 

17 authorization shall continue for such alien until the new 

18 petition is adjudicated. If the new petition is denied, such 

19 authorization shall cease. 

20 ‘‘(B) A nonimmigrant alien described in this para21 graph is a nonimmigrant alien— 

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

23 United States; 

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

25 nonfrivolous petition for new employment before the 

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1 date of expiration of the period of stay authorized by 

2 the Secretary of Homeland Security, except that, if a 

3 nonimmigrant described in section 

4 101(a)(15)(H)(i)(c) is terminated or laid off by the 

5 nonimmigrant’s employer, or otherwise ceases employ6 ment with the employer, such petition for new em7 ployment shall be filed during the 45-day period be8 ginning on the date of such termination, lay off, or 

9 cessation; and 

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

11 has not been employed without authorization in the 

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

13 (d) APPLICABILITY.— 

14 (1) IN GENERAL.—During the 3-year period be15 ginning on the commencement date described in para16 graph (2), the amendments made by section 2 of the 

17 Nursing Relief for Disadvantaged Areas Act of 1999 

18 (Public Law 106-95), and the amendments made by 

19 this section, shall apply to classification petitions 

20 filed for nonimmigrant status. This period shall be in 

21 addition to the period described in section 2(e) of the 

22 Nursing Relief for Disadvantaged Areas Act of 1999. 

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

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

25 Secretary of Homeland Security shall determine 

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1 whether regulations are necessary to implement the 

2 amendments made by this section. If the Secretary de3 termines that no such regulations are necessary, the 

4 commencement date described in this paragraph shall 

5 be the date of such determination. If the Secretary de6 termines that regulations are necessary to implement 

7 any amendment made by this section, the commence8 ment date described in this paragraph shall be the 

9 date on which such regulations (in final form) take 

10 effect. 

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Union Calendar No. 99 

112TH CONGRESS 

1ST SESSION H. R. 1933 

[Report No. 112–153] 

A BILL 

To amend the Immigration and Nationality Act to 

areas. immigrant nurses in health professional shortage modify the requirements for admission of nonJULY 19, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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