‘‘(i) the term ‘professional nurse’ means a 
person who applies the art and science of pro-
fessional nursing in a manner that reflects com-
prehension of principles derived from the phys-
ical, biological, and behavioral sciences; and 
‘‘(ii) the term ‘professional nursing’ in-
cludes— 
‘‘(I) making clinical judgments involv-
ing the observation, care, and counsel of 
persons requiring nursing care; 
‘‘(II) administering of medicines and 
treatments prescribed by the physician or 
dentist; and 
‘‘(III) participation in the activities 
for the promotion of health and prevention 
of illness in others. 
‘‘(B) The qualifications referred to in section 
101(a)(15)(W) are that the alien is qualified, under the 
laws (including such temporary or interim licensing provi-
sions or nurse licensure compact provisions which author-
ize the nurse to be employed) governing the place of in-
tended employment, to engage in the practice of profes-
sional nursing as a registered nurse immediately upon ad-
mission to the United States and is authorized under such 
laws to be employed, except that if the alien has completed 
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all licensing requirements except for submission of a social 
security account number, the alien may provide a letter 
from the State Board of Nursing of the State of intended 
employment which confirms that the alien is eligible for 
license issuance upon presentation of such number. 
‘‘(2)(A) The attestation referred to in section 
101(a)(15)(W) is an attestation by the employer to the 
following: 
‘‘(i) The employer is offering and will offer dur-
ing the period of authorized employment to aliens 
admitted 
or 
provided 
status 
under 
section 
101(a)(15)(W) wages that are at least— 
‘‘(I) the actual wage level paid by the em-
ployer to all other individuals with similar expe-
rience and qualifications for the specific em-
ployment in question; or 
‘‘(II) the prevailing wage level for the occu-
pational classification in the area of employ-
ment; 
whichever is greater, based on the best information 
available as of the time of the attestation. 
‘‘(ii) The employment of the alien will not ad-
versely affect the wages and working conditions of 
registered nurses similarly employed at the worksite. 
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‘‘(iii) The alien will be paid the wage rate for 
registered nurses similarly employed at the worksite. 
‘‘(iv) There is not a strike or lockout in the 
course of a labor dispute in the registered nurse 
classification at the worksite. 
‘‘(v) The employer has provided notice of the 
filing of the attestation to the bargaining representa-
tive of the registered nurses at the worksite or, if 
there is no such bargaining representative, notice of 
the filing has been provided to the registered nurses 
employed at the worksite through physical posting in 
a conspicuous location at the worksites. 
‘‘(vi) The number of workers sought, the work 
locations, and the wage rate and conditions under 
which they will be employed. 
‘‘(B) The employer shall make a copy of the attesta-
tion available for public examination, within 10 working 
days after the date on which the attestation is filed, at 
the employer’s principal place of business or worksite 
(along with such accompanying documents as are nec-
essary). 
‘‘(C) The Secretary of Labor shall review the attesta-
tion only for completeness and obvious inaccuracies. Un-
less such Secretary finds that the attestation is incomplete 
or obviously inaccurate, the Secretary shall provide the 
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certification described in section 101(a)(15)(W) within 7 
days of the date of the filing of the attestation. 
‘‘(D) 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 on which it is filed; or 
‘‘(II) the end of the period of admission 
under section 101(a)(15)(W) of the last alien 
with respect to whose admission it applied (in 
accordance with clause (ii)); and 
‘‘(ii) shall apply to petitions described in section 
214(c)(15) filed during the 3-year period beginning 
on the date on which it is filed if the employer states 
in each such petition that it continues to comply 
with the conditions in the attestation. 
‘‘(E) An employer may meet the requirements of this 
paragraph with respect to more than one professional 
nurse in a single attestation. 
‘‘(F) An employer may meet the requirements of this 
paragraph with respect to more than one work location 
in a single attestation. 
‘‘(3)(A) The Secretary of Labor shall compile, and 
make available for public examination in a timely manner, 
a list identifying employers that have filed attestations 
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