20 CFR 655.1100 - What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?

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§ 655.1100 What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?
(a) Purpose. The Immigration and Nationality Act (INA), as amended by the Nursing Relief for Disadvantaged Areas Act of 1999, establishes the H-1C nonimmigrant visa program to provide qualified nursing professionals for narrowly defined health professional shortage areas. Subpart L of this part sets forth the procedure by which facilities seeking to use nonimmigrant registered nurses must submit attestations to the Department of Labor demonstrating their eligibility to participate as facilities, their wages and working conditions for nurses, their efforts to recruit and retain United States workers as registered nurses, the absence of a strike/lockout or layoff, notification of nurses, and the numbers of and worksites where H-1C nurses will be employed. Subpart M of this part sets forth complaint, investigation, and penalty provisions with respect to such attestations.
(b) Procedure. The INA establishes a procedure for facilities to follow in seeking admission to the United States for, or use of, nonimmigrant nurses under H-1C visas. The procedure is designed to reduce reliance on nonimmigrant nurses in the future, and calls for the facility to attest, and be able to demonstrate in the course of an investigation, that it is taking timely and significant steps to develop, recruit, and retain U.S. nurses. Subparts L and M of this part set forth the specific requirements of those procedures.
(c) Applicability.
(1) Subparts L and M of this part apply to all facilities that seek the temporary admission or use of H-1C nonimmigrants as registered nurses.
(2) During the period that the provisions of Appendix 1603.D.4 of Annex 1603 of the North American Free Trade Agreement (NAFTA) apply, subparts L and M of this part shall apply to the entry of a nonimmigrant who is a citizen of Mexico under the provisions of section D of Annex 1603 of NAFTA. Therefore, the references in this part to “H-1C nurse” apply to such nonimmigrants who are classified by USCIS as “TN.”

Title 20 published on 2012-04-01.

The following are only the Rules published in the Federal Register after the published date of Title 20.

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  • 2015-04-29; vol. 80 # 82 - Wednesday, April 29, 2015
    1. 80 FR 24042 - Temporary Non-Agricultural Employment of H-2B Aliens in the United States
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration, Wage and Hour Division
      Interim final rule; request for comments.
      This interim final rule is effective April 29, 2015. Interested persons are invited to submit written comments on this interim final rule on or before June 29, 2015.
      8 CFR Part 214

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Title 20 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 655 after this date.

  • 2015-05-05; vol. 80 # 86 - Tuesday, May 5, 2015
    1. 80 FR 25633 - Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States; Extension of Comment Period
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Employment and Training Administration
      Proposed rule; extension of comment period.
      The comment period for the proposed rule published on April 15, 2015 (80 FR 20300) is extended. Interested persons are invited to submit written comments on the proposed rule, identified by RIN 1205-AB70, on or before June 1, 2015
      20 CFR Part 655