‘‘(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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under paragraph (2)(A). Such list shall include, with re-
spect to each attestation, the wage rate, number of aliens 
sought, and period of intended employment. 
‘‘(B) The Secretary of Labor shall establish a process 
for the receipt, investigation, and disposition of complaints 
respecting an employer’s failure to meet a condition speci-
fied in an attestation submitted under paragraph (2)(A) 
or a misrepresentation of a material fact in an attestation. 
Complaints may be filed by any aggrieved person or orga-
nization (including bargaining representatives). The Sec-
retary shall conduct an investigation under this subpara-
graph if there is reasonable cause to believe that an em-
ployer willfully failed to meet a condition or willfully mis-
represented a material fact. No investigation or hearing 
shall be conducted on a complaint concerning such a fail-
ure or misrepresentation unless the complaint was filed 
not later than 12 months after the date of the failure or 
misrepresentation, respectively. 
‘‘(C) Under such process, the Secretary of Labor 
shall provide, within 30 days after the date such a com-
plaint is filed, for a determination as to whether or not 
a basis exists to make a finding described in subparagraph 
(B). If the Secretary determines that such a basis exists, 
the Secretary shall provide for notice of such determina-
tion to the interested parties and an opportunity for a 
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hearing on the complaint within 60 days of the date of 
the determination. If such a hearing is requested, the Sec-
retary of Labor shall make a finding concerning the mat-
ter by not later than 60 days after the date of the hearing. 
In case of similar complaints respecting the same appli-
cant, the Secretary of Labor may consolidate the hearings 
under this clause on such complaints. 
‘‘(D) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has willfully 
failed to meet a condition specified in an attestation or 
that there was a willful misrepresentation of material fact 
in the attestation, the Secretary shall notify the Secretary 
of State and the Secretary of Homeland Security of such 
finding and may, in addition, impose such other adminis-
trative remedies (including 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 determines to be appropriate. Upon receipt 
of such notice, the Secretary of Homeland Security shall 
not approve petitions described in section 214(c)(15) by 
the employer during a period of at least 1 year for nurses 
to be employed by the employer. 
‘‘(4)(A) A nonimmigrant alien described in subpara-
graph (B) who was previously issued a visa or otherwise 
provided 
nonimmigrant 
status 
under 
section 
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101(a)(15)(W) is authorized to accept new employment 
upon the filing by the prospective employer of a petition 
described in section 214(c)(15)(B)(iii) on behalf of such 
nonimmigrant. Employment authorization shall continue 
for such alien until such petition is adjudicated. If such 
petition is denied, such authorization shall cease. 
‘‘(B) A nonimmigrant alien described in this subpara-
graph is a nonimmigrant alien— 
‘‘(i) who has been lawfully admitted into the 
United States; 
‘‘(ii) on whose behalf an employer has filed a 
nonfrivolous petition for new employment before the 
date of expiration of the period of stay authorized by 
the Secretary of Homeland Security; and 
‘‘(iii) who, subsequent to such lawful admission, 
has not been employed without authorization in the 
United States before the filing of such petition. 
‘‘(5)(A) The initial period of authorized admission for 
a nonimmigrant under section 101(a)(15)(W) may not ex-
ceed 3 years, and may be extended, except that the total 
period of authorized admission as such a nonimmigrant 
may not exceed 6 years. 
‘‘(B)(i) Subparagraph (A) shall not apply to any non-
immigrant on whose behalf a petition under section 204(b) 
to accord the alien immigrant status under section 203(b), 
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or an application for adjustment of status under section 
245 to accord the alien status under section 203(b), has 
been filed, if 365 days or more have elapsed since the fil-
ing of such petition or application. 
‘‘(ii) The Secretary of Homeland Security shall ex-
tend the stay of an alien who qualifies for an exemption 
under clause (i) in 1-year increments until such time as 
a final decision is made on the alien’s lawful permanent 
residence. 
‘‘(iii) Notwithstanding subparagraph (A) and clause 
(ii), any alien who is the beneficiary of an approved peti-
tion filed under section 204(b) for a status under para-
graph (1), (2), or (3) of section 203(b), and who is eligible 
to be granted that status but for application of the per- 
country limitations on immigrants under such paragraph, 
may apply for, and the Secretary of Homeland Security 
may grant, one or more extensions of nonimmigrant status 
under section 101(a)(15)(W) until such time as an immi-
grant visa is immediately available to the alien and a deci-
sion on the alien’s application for adjustment of status is 
made. 
‘‘(6) In the case of an alien spouse, who is accom-
panying or following to join a principal alien admitted 
under section 101(a)(15)(W), the Secretary of Homeland 
Security shall authorize the alien spouse to engage in em-
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ployment in the United States and shall provide the 
spouse with an ‘employment authorized’ endorsement or 
other appropriate work permit. 
‘‘(7)(A)(i) The total number of aliens who may be 
issued visas or otherwise provided nonimmigrant status 
under section 101(a)(15)(W) during any fiscal year is 
50,000. 
‘‘(ii) If the numerical limitation in clause (i)— 
‘‘(I) is reached during a fiscal year, the numer-
ical limitation applicable to the subsequent fiscal 
year shall be 120 percent of the preceding numerical 
limitation; or 
‘‘(II) is not reached during a fiscal year, the 
numerical limitation shall remain the same during 
the subsequent fiscal year. 
‘‘(B) Notwithstanding subparagraph (A), aliens may 
be issued visas or otherwise provided nonimmigrant status 
under such section without regard to numerical limitation 
if they are only working in the geographic area or areas 
which are designated by the Secretary of Health and 
Human Services as having a shortage of health care pro-
fessionals. 
‘‘(C) The numerical limitations in subparagraph (A) 
shall only apply to principal aliens and not to the spouse 
or children of such aliens.’’. 
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SEC. 4. REGULATIONS; EFFECTIVE DATE. 
(a) REGULATIONS.—Not later than 90 days after the 
date of the enactment of this Act, the following shall pro-
mulgate regulations to carry out the amendments made 
by section 3: 
(1) The Secretary of Labor, in consultation 
with the Secretary of Health and Human Services 
and the Secretary of Homeland Security. 
(2) The Secretary of Homeland Security, in 
consultation with the Secretary of State. 
(b) EFFECTIVE DATE.—Notwithstanding subsection 
(a), the amendments made by section 3 shall take effect 
90 days after the date of the enactment of this Act, re-
gardless of whether the regulations promulgated under 
subsection (a) are in effect on such date. 
SEC. 5. SPECIFICATION OF CONSTITUTIONAL AUTHORITY 
FOR ENACTMENT OF LAW. 
This Act is enacted pursuant to the power granted 
to Congress under article I, section 8, clause 4, to estab-
lish a uniform rule naturalization, and under article I, sec-
tion 8, clause 18, of the United States Constitution. 
Æ 
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