Source: 59 FR 882, 897, Jan. 6, 1994, unless otherwise noted.
(a) Purpose. The Immigration and Nationality Act (INA) establishes
the H-1A program to provide relief for the nursing shortage crisis.
Subpart D of this part sets forth the procedure by which health care
facilities seeking to use nonimmigrant registered nurses may submit
attestations to the Department of Labor relating to the effects of the
nursing shortage on their operations, their efforts to recruit and
retain United States workers as registered nurses and certain
information on wages and working conditions for nurses at the facility.
Subpart E of this part sets forth complaint, investigation, and penalty
provisions with respect to such attestations.
(b) Procedure. The INA establishes a procedure for health care
facilities to follow in seeking admission to the United States for, or
use of, nonimmigrant nurses under H-1A visas. The procedure is designed
to reduce reliance on nonimmigrant nurses in the future, and calls of
the health care facility to attest, and be able to demonstrate, that,
e.g., there would be substantial disruption to health services without
the nonimmigrant nurses and that it is taking timely and significant
steps to develop, recruit, and retain U.S. nurses. Subparts D and E of
this part set forth the specific requirements for those procedures.
(c) Applicability. (1) Subparts D and E of this part apply to all
facilities that seek the temporary admission or use of 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 D and E of this part shall apply to the entry of a nonimmigrant
who is a citizen of Mexico under and pursuant to the provisions of
section D of Annex 1603 of NAFTA.
