Text: H.R.1507 — 101st Congress (1989-1990)All Information (Except Text)

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HR 1507 IH
101st CONGRESS
1st Session
 H. R. 1507
To amend the Immigration and Nationality Act to provide for special immigrant
status for certain H-1 nonimmigrant nurses and to establish conditions for
the admission, during a 5-year period, of nurses as temporary workers.
IN THE HOUSE OF REPRESENTATIVES
March 20, 1989
Mr. SCHUMER (for himself, Mr. HUGHES, Mr. MOLINARI, Mr. GARCIA, Mr. MRAZEK,
Mr. SAXTON, Mr. BATES, Mr. DORNAN of California, Mr. GILMAN, Mr. STUDDS,
Mr. FOGLIETTA, Mr. MARTIN of New York, Mr. ACKERMAN, Mr. DYMALLY, Mr. FLORIO,
Mr. ATKINS, Mrs. COLLINS, Mr. GALLO, Mr. MCGRATH, Mr. FAZIO, Mrs. ROUKEMA,
and Mr. RIDGE) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide for special immigrant
status for certain H-1 nonimmigrant nurses and to establish conditions for
the admission, during a 5-year period, of nurses as temporary workers.
  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 `Immigration Nursing Relief Act of 1989'.
SEC. 2. SPECIAL IMMIGRANT STATUS FOR CERTAIN H-1 NONIMMIGRANT NURSES.
  Section 101(a)(27) of the Immigration and Nationality Act (8
  U.S.C. 1101(a)(27)) is amended--
  (1) by striking `or' at the end of subparagraph (H),
  (2) by striking the period at the end of subparagraph (I) and inserting
  `; or', and
  (3) by adding at the end the following new subparagraph:
  `(J) an immigrant, and his accompanying spouse and children--
  `(i) who entered the United States before January 1, 1988, as a nonimmigrant
  under paragraph (15)(H)(i) to perform services as a registered nurse,
  `(ii) whose visa as such a nonimmigrant had not expired as of the date of
  the enactment of this subparagraph (including an alien whose status was
  extended under section 4 of the Immigration Amendments of 1988 (Public
  Law 100-658)) and who is employed as a registered nurse as of such date, and
  `(iii) with respect to whose employment as a registered nurse there is a
  certification made under section 212(a)(14) before the date the immigrant
  is granted special immigrant status under this subparagraph.'.
SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES DURING 5-YEAR PERIOD.
  (a) ESTABLISHMENT OF A NEW NONIMMIGRANT CLASSIFICATION FOR NONIMMIGRANT
  NURSES- Section 101(a)(15)(H) of the Immigration and Nationality Act
  (8 U.S.C. 1101(a)(15)(H)) is amended--
  (1) in clause (i), by inserting `(other than services as a registered
  nurse)' after `to perform services' the first place it appears, and
  (2) by inserting before `and the alien spouse' the following: `or (iv)
  who is coming temporarily to the United States to perform services as
  a registered nurse, who meets the qualifications described in section
  212(m)(1), and with respect to whom the Secretary of Labor determines and
  certifies to the Attorney General that the conditions described in section
  212(m)(2) have been met with respect to the facility for which the alien
  will perform the services;'.
  (b) REQUIREMENTS- Section 212 of such Act (8 U.S.C. 1182) is amended by
  adding at the end the following new subsection:
  `(m)(1) The qualifications referred to in section 101(a)(15)(H)(iv), with
  respect to an alien who is coming to the United States to perform nursing
  services for a facility, are that the alien--
  `(A) has obtained a full and unrestricted license to practice professional
  nursing in the country where the alien obtained nursing education or has
  received nursing education in the United States or Canada;
  `(B) has passed an appropriate examination (recognized in regulations
  promulgated in consultation with the Secretary of Health and Human Services)
  or is licensed under State law to practice professional nursing in the
  State of intended employment; and
  `(C) is fully qualified and eligible under the laws 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 by the facility;
except that subparagraph (C) shall not apply to the extent that State or local
laws limit the services that may be provided by such an alien, if the alien
will not be employed to provide nursing services in violation of such a law.
  `(2)(A) The conditions referred to in section 101(a)(15)(H)(iv), with
  respect to a facility for which an alien will perform services, are that--
  `(i) there would be a substantial disruption through no fault of the
  facility in the delivery of health care services of the facility without
  the services of such an alien;
  `(ii) the employment of the alien will not adversely affect the wages and
  working conditions of registered nurses similarly employed and the alien
  will be paid at the prevailing wage rate for registered nurses similarly
  employed by the facility;
  `(iii) the facility has demonstrated that it has taken and is taking timely
  and significant steps designed to recruit and retain sufficient registered
  nurses who are United States citizens or immigrants who are authorized
  to perform nursing services, in order to remove as quickly as reasonably
  possible the dependence of the facility on nonimmigrant registered nurses;
  `(iv) there is not a strike or lockout in the course of a labor dispute
  which, under regulations of the Secretary, precludes approval, and the
  facility certifies that the employment of such an alien is not intended
  or designed to influence an election for a bargaining representative for
  registered nurses of the facility; and
  `(v) at the time of the filing of the petition for registered nurses under
  section 101(a)(15)(H)(iv), notice of the filing has been provided to the
  bargaining representative of the registered nurses at the facility or,
  where there is no such bargaining representative, notice of the filing
  has been provided to registered nurses employed at the facility through
  posting in conspicuous locations.
Nothing in clause (iii) shall be construed as requiring a facility to have
taken significant steps described in such clause before the date of the
enactment of this subsection.
  `(B)(i) Except as provided in clause (ii), a facility is considered to
  have met the condition described in subparagraph (A)(i) if it is located
  in an urban area which the Secretary of Labor determines has a significant
  shortage of registered nurses.
  `(ii) Clause (i) shall not apply to a particular facility during the 1 year
  period beginning on the date on which the facility has laid off registered
  nurses. The previous sentence shall not apply to the firing of registered
  nurses for good cause shown.
  `(iii) In clause (i), the term `urban area' means a Metropolitan Statistical
  Area or New England County Metropolitan Area (as defined by the Office of
  Management and Budget) .
  `(C) For purposes of subparagraph (A)(iii), each of the following shall
  be considered a significant step reasonably designed to recruit and retain
  registered nurses:
  `(i) Operating a training program for registered nurses at the facility
  or providing an opportunity for training for registered nurses elsewhere.
  `(ii) Paying registered nurses at wages at a rate above the prevailing
  wage rate for registered nurses in the geographic area.
  `(iii) Providing adequate support services to free registered nurses from
  administrative and other nonnursing duties.
  `(iv) Providing reasonable opportunities for meaningful salary advancement
  by registered nurses.
The steps described in this subparagraph shall not be considered to be
an exclusive list of the significant steps that may be taken to meet the
conditions of subparagraph (A)(iii).
  `(D) A certification to be made with respect to the conditions described
  in this paragraph shall--
  `(i) subject to clauses (ii) through (iv), be valid for a period of 1 year,
  `(ii) apply to petitions filed during such 1-year period if the facility
  certifies in each such petition that it continues to comply with such
  conditions, and
  `(iii) be revoked by the Secretary of Labor upon a finding that the facility
  for which the certification is made no longer meets such conditions or
  upon a finding that there was a misrepresentation of material fact in the
  application for certification.
  `(E) A facility may meet the requirements under this paragraph with respect
  to more than one registered nurse in a single petition.
  `(3) The period of admission of an alien under section 101(a)(15)(H)(iv)
  shall be for an initial period of not to exceed 3 years, subject to
  an extension for a period or periods, not to exceed a total period of
  admission of 5 years (or a total period of admission of 6 years in the
  case of extraordinary circumstances, as determined by the Attorney General).
  `(4) For purposes of this subsection and section 101(a)(15)(H)(iv), the
  term `facility' includes an employer who employs registered nurses in a
  home setting.'.
  (c) IMPLEMENTATION- The Secretary of Labor shall--
  (1) first publish final regulations to carry out section 212(m)(2)(A)
  of the Immigration and Nationality Act (as added by this section) not
  later than the first day of the 8th month beginning after the date of the
  enactment of this Act;
  (2) provide for the appointment (by January 1, 1991) of an advisory group,
  including representatives of the Secretary, the Secretary of Health and
  Human Services, the Attorney General, hospitals, and labor organizations
  representing registered nurses, to advise the Secretary--
  (A) concerning the impact of this legislation on the nursing shortage,
  (B) on programs that medical institutions may implement to recruit and
  retain registered nurses who are United States citizens or immigrants who
  are authorized to perform nursing services, and
  (C) on the advisability of extending the provisions of the amendments made
  by this section beyond the 5-year period described in subsection (d); and
  (3) conduct a study, and report to Congress on the study not later than
  January 1, 1992, concerning the impact of the amendments made by this
  section.
  (d) LIMITING APPLICATION OF NONIMMIGRANT CHANGES TO 5-YEAR PERIOD- The
  amendments made by this section shall apply to classification petitions filed
  for nonimmigrant status only during the 5-year period beginning on the first
  day of the 9th month beginning after the date of the enactment of this Act.

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