I
107TH CONGRESS
1ST SESSION
H. R. 2705
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
AUGUST 1, 2001
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 2001’’.
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 of;
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-
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
‘‘20;’’ and inserting ‘‘40;’’.
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