(a) The sixth attestation element requires the facility to attest
that at the time of filing of the petition for registered nurses under
section 101(a)(15)(H)(i)(c) of the INA, notice of filing has been
provided by the facility 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 at the facility through posting in conspicuous locations, and
individual copies of the Attestation have been provided to registered
nurses employed at the facility.
(b) Notification of bargaining representative. At a time no later
than the date the Attestation is transmitted to ETA, the facility must
notify the bargaining representative (if any) for nurses at the
facility that the Attestation is being submitted. No later than the
date the facility transmits a petition for H-1C nurses to INS, the
facility must notify the bargaining representative (if any) for nurses
at the facility that the H-1C petition is being submitted. This notice
may be either a copy of the Attestation or petition, or a document
stating that the Attestation and H-1C petition are available for review
by interested parties at the facility (explaining how they can be
inspected or obtained) and at the Division of Foreign Labor
Certifications, Office of Workforce Security, Employment and Training
Administration, Department of Labor, 200 Constitution Avenue NW., Room
C-4318, Washington, DC 20210. The notice must include the following
statement: ``Complaints alleging misrepresentation of material facts in
the Attestation or failure to comply with the terms of the Attestation
may be filed with any office of the Wage and Hour Division of the
United States Department of Labor.''
(c) Posting notice. If there is no bargaining representative for
nurses at the facility, the facility must post a written notice in two
or more conspicuous locations at the facility. Such notices shall be
clearly visible and unobstructed while posted, and shall be posted in
conspicuous places where nurses can easily read the notices on their
way to or from their duties. Appropriate locations for posting hard
copy notices include locations in the immediate proximity of mandatory
Fair Labor Standards Act wage and hour notices and Occupational Safety
and Health Act occupational safety and health notices. In the
alternative, the facility may use electronic means it ordinarily uses
to communicate with its nurses about job vacancies or promotion
opportunities, including through its ``home page'' or ``electronic
bulletin board,'' provided that the nurses have, as a practical matter,
direct access to those sites; or, where the nurses have individual e-
mail accounts, the facility may use e-mail. This must be accomplished
no later than the date when the facility transmits an Attestation to
ETA and the date when the facility transmits an H-1C petition to the
INS. The notice may be either a copy of the Attestation or petition, or
a document stating that the Attestation or petition has been filed and
is available for review by interested parties at the facility
(explaining how these documents can be inspected or obtained) and at
the national office of ETA. The notice shall include the following
statement: ``Complaints alleging misrepresentation of material facts in
the Attestation or failure to comply with the terms of the Attestation
may be filed with any office of the Wage and Hour Division of the
United States Department of Labor.'' Unless it is sent to an individual
e-mail address, the Attestation notice shall remain posted during the
validity period of the Attestation; the petition notice shall remain
posted for ten days. Copies of all notices shall be available for
examination in the facility's public access file.
(d) Individual notice to RNs. In addition to notifying the
bargaining representative or posting notice as described in paragraphs
(b) and (c) of this section, the facility must provide a copy of the
Attestation, within 30 days of the date of filing, to every registered
nurse employed at the facility. This requirement may be satisfied by
electronic means if an individual e-mail message, with the Attestation
as an attachment, is sent to every RN at the facility. This
notification includes not only the RNs employed by the facility, but
also includes any RN who is providing service at the facility as an
employee of another entity, such as a nursing contractor.
(e) Where RNs lack practical computer access, a hard copy must be
posted in accordance with paragraph (c) of this section and a hard copy
of the Attestation delivered, within 30 days of the date of filing, to
every RN employed at the facility in accordance with paragraph (d) of
this section.
(f) The facility must maintain, in its public access file, copies
of the notices required by this section. The facility must make such
documentation available to the Administrator in the event of an
enforcement action pursuant to subpart M of this part.
