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.
Be it enacted by the Senate and House of Representa-
tives 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 2005’’. 
SEC. 2. REQUIREMENTS FOR ADMISSION OF H–1C NON-
IMMIGRANT NURSES. 
(a) IN GENERAL.—Section 212(m) of the Immigra-
tion 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 com-
ing to the United States to perform nursing services for 
a facility, are that the alien—
‘‘(A) has obtained a full and unrestricted li-
cense 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 (recog-
nized 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 em-
ployed) 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 exam-
ination 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 examina-
tion either the first or second time; and 
‘‘(ii) the failure of the alien to have ob-
tained 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 ad-
versely 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 reg-
istered 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 bar-
gaining representative, notice of the filing has been 
provided to the registered nurses employed at the fa-
cility through posting in conspicuous locations. 
‘‘(v) The facility will not, with respect to any 
alien issued a visa or otherwise provided non-
immigrant 
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 non-
immigrant 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, with-
in 30 days of the date of filing, to registered nurses em-
ployed at the facility on the date of filing. 
‘‘(C) The Secretary shall review the attestation only 
for completeness and obvious inaccuracies. Unless the Sec-
retary finds that the attestation is incomplete or obviously 
inaccurate, the Secretary shall provide the certification de-
scribed 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; 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 ap-
plied (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 peti-
tion 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 ac-
companying documentation) and each such petition filed 
by the facility. 
‘‘(ii) The Secretary shall establish a process, includ-
ing 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 misrepresenta-
tion of a material fact in an attestation. Complaints may 
be filed by any aggrieved person or organization (including 
bargaining representatives, associations deemed appro-