I 
108TH CONGRESS 
1ST SESSION 
H. R. 87
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 7, 2003
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 2003’’. 
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-
priate by the Secretary, and other aggrieved parties as de-
termined under regulations of the Secretary). The Sec-
retary shall conduct an investigation under this clause if 
there is reasonable cause to believe that a facility willfully 
failed to meet conditions attested to. Subject to the time 
limits established under this clause, this subparagraph 
shall apply regardless of whether an attestation is expired 
or unexpired at the time a complaint is filed. 
‘‘(iii) Under such process, the Secretary shall provide, 
within 180 days after the date such a complaint is filed, 
for a determination as to whether or not a basis exists 
to make a finding described in clause (iv). If the Secretary 
determines that such a basis exists, the Secretary shall 
provide for notice of such determination to the interested 
parties and an opportunity for a hearing on the complaint 
within 60 days of the date of the determination. 
‘‘(iv) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that a facility (for which an 
attestation is made) has willfully failed to meet a condition 
attested to or that there was a willful misrepresentation 
of material fact in the attestation, the Secretary shall no-
tify the Attorney General of such finding and may, in ad-
dition, impose such other administrative remedies (includ-
ing civil monetary penalties in an amount not to exceed 
$1,000 per nurse per violation, with the total penalty not
to exceed $10,000 per violation) as the Secretary deter-
mines to be appropriate. Upon receipt of such notice, the 
Attorney General shall not approve petitions filed with re-
spect to a facility during a period of at least one year for 
nurses to be employed by the facility. 
‘‘(v) In addition to the sanctions provided for under 
clause (iv), if the Secretary finds, after notice and an op-
portunity for a hearing, that a facility has violated the 
condition attested to under subparagraph (A)(ii) (relating 
to payment of registered nurses at the prevailing wage 
rate), the Secretary shall order the facility to provide for 
payment of such amounts of back pay as may be required 
to comply with such condition. 
‘‘(G)(i) The Secretary shall impose on a facility filing 
an attestation under subparagraph (A) a filing fee, in an 
amount prescribed by the Secretary based on the costs of 
carrying out the Secretary’s duties under this subsection, 
but not exceeding $250.
‘‘(ii) Fees collected under this subparagraph shall be 
deposited in a fund established for this purpose in the 
Treasury of the United States. 
‘‘(iii) The collected fees in the fund shall be available 
to the Secretary, to the extent and in such amounts as 
may be provided in appropriations Acts, to cover the costs
described in clause (i), in addition to any other funds that 
are available to the Secretary to cover such costs. 
‘‘(3) The period of admission of an alien under sec-
tion 101(a)(15)(H)(i)(c) shall be for an initial period not 
to exceed 3 years, and may be extended if the extension 
does not cause the total period of authorized admission 
as such a nonimmigrant to exceed 6 years. 
‘‘(4) The total number of nonimmigrant visas issued 
pursuant 
to 
petitions 
granted 
under 
section 
101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 
195,000. 
‘‘(5) A facility that has filed a petition under section 
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform 
nursing services for the facility—
‘‘(A) shall provide the nonimmigrant a wage 
rate and working conditions commensurate with 
those of nurses similarly employed by the facility; 
and 
‘‘(B) shall not interfere with the right of the 
nonimmigrant to join or organize a union. 
‘‘(6) For purposes of this subsection and section 
101(a)(15)(H)(i)(c): 
‘‘(A) The term ‘facility’ includes a hospital, 
nursing home, skilled nursing facility, registry, clin-
ic, assisted-living center, and an employer who em-
ploys any registered nurse in a home setting. 
‘‘(B)(i) The term ‘lay off’ with respect to a 
worker (for purposes of paragraph (2)(A)(iii))—
‘‘(I) means to cause the worker’s loss of 
employment, other than through a discharge for 
inadequate performance, violation of workplace 
rules, cause, voluntary departure, voluntary re-
tirement, or the expiration of a grant or con-
tract; but 
‘‘(II) does not include any situation in 
which the worker’s offered, as an alternative to 
such loss of employment, a similar employment 
opportunity with the same employer at equiva-
lent or higher compensation and benefits than 
the position from which the employee was dis-
charged, regardless of whether or not the em-
ployee accepts the offer. 
‘‘(ii) Nothing in this subparagraph is intended 
to limit an employee’s or an employer’s rights under 
a collective bargaining agreement or other employ-
ment contract. 
‘‘(C) The term ‘Secretary’ means the Secretary 
of Labor.’’.
(b) REGULATIONS; EFFECTIVE DATE.—Not later 
than 90 days after the date of the enactment of this Act, 
regulations to carry out subsection (a) shall be promul-
gated by the Secretary of Labor, in consultation with the 
Secretary of Health and Human Services and the Attorney 
General. Notwithstanding the preceding sentence, the 
amendment made by subsection (a) shall take effect 90 
days after the date of the enactment of this Act, regardless 
of whether such regulations are in effect on such date. 
SEC. 3. INCREASE IN NUMBER OF WAIVERS OF TWO-YEAR 
FOREIGN RESIDENCE REQUIREMENT UPON 
REQUESTS BY STATE AGENCIES. 
Section 214(l)(1)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(l)(1)(B)) is amended by striking 
‘‘30;’’ and inserting ‘‘40;’’.
Æ