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;’’.
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