In March 1995, a commission established by INRA to study the effects of the law overwhelmingly recommended that it be continued with certain modifications.
Many misconceptions abound as to the significance of the sunseting of the law.
If a facility submitted a petition to the Immigration Service to employ an RN before September 1, the INS may still approve the petition and the U.S. Embassy or Consulate in the nurse's home country may grant her an H-1A visa after September 1. INS regulations provide that an H-1A nurse with a pending application for extension of stay may continue to be employed. In many cases, the facility has already received an approval of a petition for permanent residence from INS demonstrating that there is no U.S. worker available to fill the position. Even though the nurse is in proper status, and the employer has an attestation, no H-1A petitions may be granted by INS because INRA has expired. However, there is no way for an employer to obtain H-1B status for a staff nurse.