Nursing Relief Act of 2006 - Amends the Immigration and Nationality Act to establish a nonimmigrant visa category (W-visa) for an alien coming to the United States to work as a professional nurse.
Sets forth employer petition provisions.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6418 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6418
To create a new nonimmigrant visa category for registered nurses, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2006
Mr. Shadegg (for himself, Mr. Pastor, Mr. Renzi, and Mr. Flake)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To create a new nonimmigrant visa category for registered nurses, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Relief Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) There are more vacant nursing positions in the United
States than there are qualified registered nurses and nursing
school candidates to fill those positions.
(2) According to the Department of Labor, the current
national nursing shortage exceeds 126,000.
(3) States in the West and Southwest have a
disproportionate number of nursing vacancies because of rapid
population growth, which exacerbates a widening gap in the
number of facilities and staff compared to patients that need
care.
(4) Foreign countries such as the Philippines, India, and
China have an oversupply of nurses.
(5) Major hospital systems in the United States spend
hundreds of millions of dollars every year recruiting foreign
nurses under our current immigration system.
(6) Current law, with certain limited exceptions, requires
health care providers to sponsor desired nurses for permanent
resident status while the nurses remain outside of the United
States, which can take as much as 3 years.
(7) This cost is passed on to consumers and adds to the
rising cost of health care.
(8) Health care providers cannot efficiently and
effectively recruit qualified foreign nurses through the
existing immigration process.
(9) Our health care system requires an immediate
modification of Federal laws relating to recruitment of
qualified foreign nurses in order to operate at an efficient
and effective level.
(b) Purpose.--The purpose of this Act is to create a new
nonimmigrant visa category for registered nurses and establish
admission requirements for such nonimmigrants.
SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES.
(a) Establishment of a New Nonimmigrant Category.--Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) by striking ``or'' at the end of subparagraph (U),
(2) by striking the period at the end of subparagraph (V)
and inserting ``; or''; and
(3) by adding at the end the following:
``(W) an alien who is coming temporarily to the United
States to perform services as a professional nurse, as
described in section 212(v)(1)(A), who meets the qualifications
described in section 212(v)(1)(B), and with respect to whom the
Secretary of Labor determines and certifies to the Secretary of
Homeland Security and the Secretary of State that the intending
employer has filed with the Secretary of Labor an attestation
under section 212(v)(2), and the alien spouse and children of
any such principal alien, if accompanying or following to join
the principal alien.''.
(b) Requiring Petition of Importing Employer.--Section 214(c) of
the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by
adding at the end the following:.
``(15)(A) The question of importing any alien as a nonimmigrant
under section 101(a)(15)(W) in any specific case or specific cases
shall be determined by the consular officer, after consultation with
appropriate agencies of the Government, upon petition of the importing
employer. Such petition shall be made and approved before the visa is
granted. The petition shall be in such form and contain such
information as the Secretary of Homeland Security shall prescribe by
regulation. The approval of such a petition shall not, of itself, be
construed as establishing that the alien is a nonimmigrant.
``(B) The following petitions shall be determined by the Secretary
of Homeland Security, after consultation with appropriate agencies of
the Government:
``(i) A petition for an alien lawfully present in the
United States to be initially granted nonimmigrant status
described in section 101(a)(15)(W).
``(ii) A petition for an alien having such status to obtain
an extension of stay.
``(iii) A petition to obtain authorization for an alien
having such status to change employers.''.
(c) Shifting Burden of Proof for Nonimmigrant Status.--Section
214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is
amended by striking ``(L) or (V)'' and inserting ``(L), (V), or (W)''.
(d) Allowing Petition for Permanent Residence While in Nonimmigrant
Status.--Section 214(h) of the Immigration and Nationality Act (8
U.S.C. 1184(h)) is amended by striking ``(L), or (V)'' and inserting
``(L), (V), or (W)''.
(e) Other Admission Requirements.--Section 212 of the Immigration
and Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) (added by
section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as
subsection (u); and
(2) by adding at the end the following:
``(v)(1)(A) For purposes of section 101(a)(15)(W) and this
subsection--
``(i) the term `professional nurse' means a person
who applies the art and science of professional nursing
in a manner that reflects comprehension of principles
derived from the physical, biological, and behavioral
sciences; and
``(ii) the term `professional nursing' includes--
``(I) making clinical judgments involving
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 provisions or nurse licensure compact provisions
which authorize the nurse to be employed) 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, except that if the
alien has completed 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 during 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 employer to
all other individuals with similar experience and
qualifications for the specific employment in question;
or
``(II) the prevailing wage level for the
occupational classification in the area of employment;
whichever is greater, based on the best information available
as of the time of the attestation.
``(ii) The employment of the alien will not adversely
affect the wages and working conditions of registered nurses
similarly employed at the worksite.
``(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 representative 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 attestation 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 necessary).
``(C) The Secretary of Labor shall review the attestation only for
completeness and obvious inaccuracies. Unless such Secretary finds that
the attestation is incomplete or obviously inaccurate, the Secretary
shall provide the 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 under paragraph (2)(A). Such list shall
include, with respect 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 specified 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 organization (including bargaining representatives). The Secretary
shall conduct an investigation under this subparagraph if there is
reasonable cause to believe that an employer willfully failed to meet a
condition or willfully misrepresented a material fact. No investigation
or hearing shall be conducted on a complaint concerning such a failure
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 complaint 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
determination to the interested parties and an opportunity for a
hearing on the complaint within 60 days of the date of the
determination. If such a hearing is requested, the Secretary of Labor
shall make a finding concerning the matter by not later than 60 days
after the date of the hearing. In case of similar complaints respecting
the same applicant, 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
administrative 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 subparagraph (B) who was
previously issued a visa or otherwise provided nonimmigrant status
under section 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 subparagraph 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 exceed 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 nonimmigrant on
whose behalf a petition under section 204(b) to accord the alien
immigrant status under section 203(b), 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
filing of such petition or application.
``(ii) The Secretary of Homeland Security shall extend 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 petition filed under section
204(b) for a status under paragraph (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 immigrant visa is immediately available to the
alien and a decision on the alien's application for adjustment of
status is made.
``(6) In the case of an alien spouse, who is accompanying 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 employment 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 numerical
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
professionals.
``(C) The numerical limitations in subparagraph (A) shall only
apply to principal aliens and not to the spouse or children of such
aliens.''.
SEC. 4. REGULATIONS; EFFECTIVE DATE.
(a) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the following shall promulgate 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, regardless 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 establish a uniform rule
naturalization, and under article I, section 8, clause 18, of the
United States Constitution.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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