(a) Federal agencies' responsibilities. The United States
Department of Labor (DOL), Department of Justice, and Department of
State are involved in the H-1C visa process. Within DOL, the Employment
and Training Administration (ETA) and the Wage and Hour Division of the
Employment Standards Administration (ESA) have responsibility for
different aspects of the process.
(b) Facility's attestation responsibilities. Each facility seeking
one or more H-1C nurse(s) must, as the first step, submit an
Attestation on Form ETA 9081, as described in Sec. 655.1110 of this
part, to the Employment and
Training Administration, Director, Office of Workforce Security, 200
Constitution Ave. NW., Room C-4318, Washington, DC 20210. If the
Attestation satisfies the criteria stated in Sec. 655.1130 and includes
the supporting information required by Sec. 655.1110 and by
Sec. 655.1114, ETA shall accept the Attestation for filing, and return
the accepted Attestation to the facility.
(c) H-1C petitions. Upon ETA's acceptance of the Attestation, the
facility may then file petitions with INS for the admission or for the
adjustment or extension of status of H-1C nurses. The facility must
attach a copy of the accepted Attestation (Form ETA 9081) to the
petition or the request for adjustment or extension of status, filed
with INS. At the same time that the facility files an H-1C petition
with INS, it must also send a copy of the petition to the Employment
and Training Administration, Administrator, Office of Workforce
Security, 200 Constitution Avenue, NW., Room C-4318, Washington, DC
20210. The facility must also send to this same ETA address a copy of
the INS petition approval notice within 5 days after it is received
from INS.
(d) Visa issuance. INS assures that the alien possesses the
required qualifications and credentials to be employed as an H-1C
nurse. The Department of State is responsible for issuing the visa.
(e) Board of Alien Labor Certification Appeals (BALCA) review of
Attestations accepted and not accepted for filing. Any interested party
may seek review by the BALCA of an Attestation accepted or not accepted
for filing by ETA. However, such appeals are limited to ETA actions on
the three Attestation matters on which ETA conducts a substantive
review (i.e., the employer's eligibility as a ``facility;'' the
facility's attestation to alternative ``timely and significant steps;''
and the facility's assertion that taking a second ``timely and
significant step'' would not be reasonable).
(f) Complaints. Complaints concerning misrepresentation of material
fact(s) in the Attestation or failure of the facility to carry out the
terms of the Attestation may be filed with the Wage and Hour Division,
Employment Standards Administration (ESA) of DOL, according to the
procedures set forth in subpart M of this part. The Wage and Hour
Administrator shall investigate and, where appropriate, after an
opportunity for a hearing, assess remedies and penalties. Subpart M of
this part also provides that interested parties may obtain an
administrative law judge hearing and may seek review of the
administrative law judge's decision at the Department's Administrative
Review Board.
