Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005
The Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005, Pub. L. 109-423, took effect December 20, 2006.
The Act reauthorized the H-1C nonimmigrant nurses program, a program originally created by the Nursing Relief for
Disadvantaged Areas Act of 1999. Under this program, eligible hospitals file attestations with the Department of Labor,
Office of Foreign Labor Certification National Processing Center which, if approved, will support nonimmigrant worker petitions filed with the
Department of Homeland Security, U.S. Citizenship and Immigration Services. The Department of Health and Human Services
has informed the Office of Foreign Labor Certification that the same hospitals eligible for the original program
continue to be eligible. These were listed in the Department of Labor's Interim Final Rule implementing its portion of
the H-1C program published on August 22, 2000 (65 Fed. Reg. 51138). The Employment and Training Administration, under
the authority of the new public law, is reinstating the H-1C labor attestation program and is accepting applications
by qualified hospitals.
The Nursing Relief for Disadvantaged Areas Act of 1999 and its reauthorization in December of 2006 allows
qualifying hospitals to employ temporary foreign workers (nonimmigrants) as Registered Nurses (RNs) for up to
three years under H-1C visas. Only 500 H-1C visas can be issued each year during the three year period of the
H-1C program (2006-2009). The sponsoring employer must pay a filing fee of $250 for each Attestation for
certification filed with the Department of Labor (DOL).
Employers that do not qualify for the H-1C program may hire nurses using the Permanent program or
the H-1B program.
Since a professional nurse is a Schedule A occupation, employers may file a Form ETA 9089 directly with the USCIS.
Employers may also hire a nurse as an H-1B. However, the H-1B program requires that a nurse on
an H-1B have a bachelor's degree,
and the job that the nurse is hired to perform requires a bachelor's degree. USCIS ultimately makes the decision
as to whether or not a job qualifies for an H-1B visa.
have at least 190 acute care beds according to the 1994 cost report;
have a Medicare population of 35% according to the 1994 cost report; and
have a Medicaid population of 28% according to the 1994 cost report.
The qualifying RN must:
have obtained a full and unrestricted license to practice in the country where the nursing education was
obtained, or
have received a nursing education in the U.S.;
(a) have passed the examination given by the Commission
on Graduates for Foreign Nursing Schools (CGFNS);
(b) have a full and unrestricted
license to
practice as an RN in the state where the RN will work; or (c) have a full and unrestricted RN's license in
any state and have received temporary authorization to practice as an RN in the state where the RN will work;
and
be fully qualified and eligible under the laws governing the place where the RN is to work to practice
as an RN immediately upon admission to the U.S., and be authorized under such laws to be employed by the
hospital.
To file an attestation for a H-1C visa, the sponsoring hospital must:
Complete DOL Employment and Training Administration Form ETA 9081,
Attestation for H-1C Nonimmigrant Nurses, which contains the required attestation elements. If it is the first
attestation filed by the hospital under H-1C, copies of the hospital's Form HCFA 2552 from the 1994 cost reporting
period filed with HHS, which provides information on acute care beds, and percentage of Medicare/Medicaid patients,
must accompany the Form ETA 9081. The form also requires an attestation by the hospital that it has taken timely
and significant steps to retain sufficient registered nurses who are U.S. citizens or immigrants who are authorized
to perform nursing services.
The Form ETA 9081, signed by the chief executive officer of the facility, must be submitted to:
U. S. Department of Labor
Employment Training Administration
Chicago National Processing Center
844 N. Rush Street
12th Floor
Chicago, IL 60611
A filing fee of $250 per attestation must be included.
After the DOL accepts the application, the hospital will be notified. The hospital can then file a Petition
for Nonimmigrant Worker
(CIS Form I-129) with the U.S.
Citizenship and Immigration Services.
