[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1001 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1001

 To create a new nonimmigrant visa category for registered nurses, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2009

    Mr. Shadegg (for himself, Mr. Flake, and Mr. Pastor of Arizona) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To create a new nonimmigrant visa category for registered nurses, and 
                          for other purposes.

    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 ``Nursing Relief Act of 2009''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) There are more vacant nursing positions in the United 
        States than there are qualified registered nurses and nursing 
        school candidates to fill those positions.
            (2) According to the Department of Labor, the current 
        national nursing shortage exceeds 126,000.
            (3) States in the West and Southwest have a 
        disproportionate number of nursing vacancies because of rapid 
        population growth, which exacerbates a widening gap in the 
        number of facilities and staff compared to patients that need 
        care.
            (4) Foreign countries such as the Philippines, India, and 
        China have an oversupply of nurses.
            (5) Major hospital systems in the United States spend 
        hundreds of millions of dollars every year recruiting foreign 
        nurses under our current immigration system.
            (6) Current law, with certain limited exceptions, requires 
        health care providers to sponsor desired nurses for permanent 
        resident status while the nurses remain outside of the United 
        States, which can take as much as 3 years.
            (7) This cost is passed on to consumers and adds to the 
        rising cost of health care.
            (8) Health care providers cannot efficiently and 
        effectively recruit qualified foreign nurses through the 
        existing immigration process.
            (9) Our health care system requires an immediate 
        modification of Federal laws relating to recruitment of 
        qualified foreign nurses in order to operate at an efficient 
        and effective level.
    (b) Purpose.--The purpose of this Act is to create a new 
nonimmigrant visa category for registered nurses and establish 
admission requirements for such nonimmigrants.

SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES.

    (a) Establishment of a New Nonimmigrant Category.--Section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (U),
            (2) by striking the period at the end of subparagraph (V) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(W) an alien who is coming temporarily to the United 
        States to perform services as a professional nurse, as 
        described in section 212(v)(1)(A), who meets the qualifications 
        described in section 212(v)(1)(B), and with respect to whom the 
        Secretary of Labor determines and certifies to the Secretary of 
        Homeland Security and the Secretary of State that the intending 
        employer has filed with the Secretary of Labor an attestation 
        under section 212(v)(2), and the alien spouse and children of 
        any such principal alien, if accompanying or following to join 
        the principal alien.''.
    (b) Requiring Petition of Importing Employer.--Section 214(c) of 
the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by 
adding at the end the following:.
    ``(15)(A) The question of importing any alien as a nonimmigrant 
under section 101(a)(15)(W) in any specific case or specific cases 
shall be determined by the consular officer, after consultation with 
appropriate agencies of the Government, upon petition of the importing 
employer. Such petition shall be made and approved before the visa is 
granted. The petition shall be in such form and contain such 
information as the Secretary of Homeland Security shall prescribe by 
regulation. The approval of such a petition shall not, of itself, be 
construed as establishing that the alien is a nonimmigrant.
    ``(B) The following petitions shall be determined by the Secretary 
of Homeland Security, after consultation with appropriate agencies of 
the Government:
            ``(i) A petition for an alien lawfully present in the 
        United States to be initially granted nonimmigrant status 
        described in section 101(a)(15)(W).
            ``(ii) A petition for an alien having such status to obtain 
        an extension of stay.
            ``(iii) A petition to obtain authorization for an alien 
        having such status to change employers.''.
    (c) Shifting Burden of Proof for Nonimmigrant Status.--Section 
214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is 
amended by striking ``(L) or (V)'' and inserting ``(L), (V), or (W)''.
    (d) Allowing Petition for Permanent Residence While in Nonimmigrant 
Status.--Section 214(h) of the Immigration and Nationality Act (8 
U.S.C. 1184(h)) is amended by striking ``(L), or (V)'' and inserting 
``(L), (V), or (W)''.
    (e) Other Admission Requirements.--Section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) is amended--
            (1) by redesignating the second subsection (t) (added by 
        section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as 
        subsection (u); and
            (2) by adding at the end the following:
    ``(v)(1)(A) For purposes of section 101(a)(15)(W) and this 
subsection--
                    ``(i) the term `professional nurse' means a person 
                who applies the art and science of professional nursing 
                in a manner that reflects comprehension of principles 
                derived from the physical, biological, and behavioral 
                sciences; and
                    ``(ii) the term `professional nursing' includes--
                            ``(I) making clinical judgments involving 
                        the observation, care, and counsel of persons 
                        requiring nursing care;
                            ``(II) administering of medicines and 
                        treatments prescribed by the physician or 
                        dentist; and
                            ``(III) participation in the activities for 
                        the promotion of health and prevention of 
                        illness in others.
    ``(B) The qualifications referred to in section 101(a)(15)(W) are 
that the alien is qualified, under the laws (including such temporary 
or interim licensing provisions or nurse licensure compact provisions 
which authorize the nurse to be employed) 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, except that if the 
alien has completed all licensing requirements except for submission of 
a social security account number, the alien may provide a letter from 
the State Board of Nursing of the State of intended employment which 
confirms that the alien is eligible for license issuance upon 
presentation of such number.
    ``(2)(A) The attestation referred to in section 101(a)(15)(W) is an 
attestation by the employer to the following:
            ``(i) The employer is offering and will offer during the 
        period of authorized employment to aliens admitted or provided 
        status under section 101(a)(15)(W) wages that are at least--
                    ``(I) the actual wage level paid by the employer to 
                all other individuals with similar experience and 
                qualifications for the specific employment in question; 
                or
                    ``(II) the prevailing wage level for the 
                occupational classification in the area of employment;
        whichever is greater, based on the best information available 
        as of the time of the attestation.
            ``(ii) The employment of the alien will not adversely 
        affect the wages and working conditions of registered nurses 
        similarly employed at the worksite.
            ``(iii) The alien will be paid the wage rate for registered 
        nurses similarly employed at the worksite.
            ``(iv) There is not a strike or lockout in the course of a 
        labor dispute in the registered nurse classification at the 
        worksite.
            ``(v) The employer has provided notice of the filing of the 
        attestation to the bargaining representative of the registered 
        nurses at the worksite or, if there is no such bargaining 
        representative, notice of the filing has been provided to the 
        registered nurses employed at the worksite through physical 
        posting in a conspicuous location at the worksites.
            ``(vi) The number of workers sought, the work locations, 
        and the wage rate and conditions under which they will be 
        employed.
    ``(B) The employer shall make a copy of the attestation available 
for public examination, within 10 working days after the date on which 
the attestation is filed, at the employer's principal place of business 
or worksite (along with such accompanying documents as are necessary).
    ``(C) The Secretary of Labor shall review the attestation only for 
completeness and obvious inaccuracies. Unless such Secretary finds that 
the attestation is incomplete or obviously inaccurate, the Secretary 
shall provide the certification described in section 101(a)(15)(W) 
within 7 days of the date of the filing of the attestation.
    ``(D) An attestation under subparagraph (A)--
            ``(i) shall expire on the date that is the later of--
                    ``(I) the end of the 3-year period beginning on the 
                date on which it is filed; or
                    ``(II) the end of the period of admission under 
                section 101(a)(15)(W) of the last alien with respect to 
                whose admission it applied (in accordance with clause 
                (ii)); and
            ``(ii) shall apply to petitions described in section 
        214(c)(15) filed during the 3-year period beginning on the date 
        on which it is filed if the employer states in each such 
        petition that it continues to comply with the conditions in the 
        attestation.
    ``(E) An employer may meet the requirements of this paragraph with 
respect to more than one professional nurse in a single attestation.
    ``(F) An employer may meet the requirements of this paragraph with 
respect to more than one work location in a single attestation.
    ``(3)(A) The Secretary of Labor shall compile, and make available 
for public examination in a timely manner, a list identifying employers 
that have filed attestations under paragraph (2)(A). Such list shall 
include, with respect to each attestation, the wage rate, number of 
aliens sought, and period of intended employment.
    ``(B) The Secretary of Labor shall establish a process for the 
receipt, investigation, and disposition of complaints respecting an 
employer's failure to meet a condition specified in an attestation 
submitted under paragraph (2)(A) or a misrepresentation of a material 
fact in an attestation. Complaints may be filed by any aggrieved person 
or organization (including bargaining representatives). The Secretary 
shall conduct an investigation under this subparagraph if there is 
reasonable cause to believe that an employer willfully failed to meet a 
condition or willfully misrepresented a material fact. No investigation 
or hearing shall be conducted on a complaint concerning such a failure 
or misrepresentation unless the complaint was filed not later than 12 
months after the date of the failure or misrepresentation, 
respectively.
    ``(C) Under such process, the Secretary of Labor shall provide, 
within 30 days after the date such a complaint is filed, for a 
determination as to whether or not a basis exists to make a finding 
described in subparagraph (B). If the Secretary determines that such a 
basis exists, the Secretary shall provide for notice of such 
determination to the interested parties and an opportunity for a 
hearing on the complaint within 60 days of the date of the 
determination. If such a hearing is requested, the Secretary of Labor 
shall make a finding concerning the matter by not later than 60 days 
after the date of the hearing. In case of similar complaints respecting 
the same applicant, the Secretary of Labor may consolidate the hearings 
under this clause on such complaints.
    ``(D) If the Secretary of Labor finds, after notice and opportunity 
for a hearing, that an employer has willfully failed to meet a 
condition specified in an attestation or that there was a willful 
misrepresentation of material fact in the attestation, the Secretary 
shall notify the Secretary of State and the Secretary of Homeland 
Security of such finding and may, in addition, impose such other 
administrative remedies (including civil monetary penalties in an 
amount not to exceed $1,000 per nurse per violation, with the total 
penalty not to exceed $10,000 per violation) as the Secretary 
determines to be appropriate. Upon receipt of such notice, the 
Secretary of Homeland Security shall not approve petitions described in 
section 214(c)(15) by the employer during a period of at least 1 year 
for nurses to be employed by the employer.
    ``(4)(A) A nonimmigrant alien described in subparagraph (B) who was 
previously issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(W) is authorized to accept new employment upon 
the filing by the prospective employer of a petition described in 
section 214(c)(15)(B)(iii) on behalf of such nonimmigrant. Employment 
authorization shall continue for such alien until such petition is 
adjudicated. If such petition is denied, such authorization shall 
cease.
    ``(B) A nonimmigrant alien described in this subparagraph is a 
nonimmigrant alien--
            ``(i) who has been lawfully admitted into the United 
        States;
            ``(ii) on whose behalf an employer has filed a nonfrivolous 
        petition for new employment before the date of expiration of 
        the period of stay authorized by the Secretary of Homeland 
        Security; and
            ``(iii) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United States before 
        the filing of such petition.
    ``(5)(A) The initial period of authorized admission for a 
nonimmigrant under section 101(a)(15)(W) may not exceed 3 years, and 
may be extended, except that the total period of authorized admission 
as such a nonimmigrant may not exceed 6 years.
    ``(B)(i) Subparagraph (A) shall not apply to any nonimmigrant on 
whose behalf a petition under section 204(b) to accord the alien 
immigrant status under section 203(b), or an application for adjustment 
of status under section 245 to accord the alien status under section 
203(b), has been filed, if 365 days or more have elapsed since the 
filing of such petition or application.
    ``(ii) The Secretary of Homeland Security shall extend the stay of 
an alien who qualifies for an exemption under clause (i) in 1-year 
increments until such time as a final decision is made on the alien's 
lawful permanent residence.
    ``(iii) Notwithstanding subparagraph (A) and clause (ii), any alien 
who is the beneficiary of an approved petition filed under section 
204(b) for a status under paragraph (1), (2), or (3) of section 203(b), 
and who is eligible to be granted that status but for application of 
the per-country limitations on immigrants under such paragraph, may 
apply for, and the Secretary of Homeland Security may grant, one or 
more extensions of nonimmigrant status under section 101(a)(15)(W) 
until such time as an immigrant visa is immediately available to the 
alien and a decision on the alien's application for adjustment of 
status is made.
    ``(6) In the case of an alien spouse, who is accompanying or 
following to join a principal alien admitted under section 
101(a)(15)(W), the Secretary of Homeland Security shall authorize the 
alien spouse to engage in employment in the United States and shall 
provide the spouse with an `employment authorized' endorsement or other 
appropriate work permit.
    ``(7)(A)(i) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status under section 101(a)(15)(W) 
during any fiscal year is 50,000.
    ``(ii) If the numerical limitation in clause (i)--
            ``(I) is reached during a fiscal year, the numerical 
        limitation applicable to the subsequent fiscal year shall be 
        120 percent of the preceding numerical limitation; or
            ``(II) is not reached during a fiscal year, the numerical 
        limitation shall remain the same during the subsequent fiscal 
        year.
    ``(B) Notwithstanding subparagraph (A), aliens may be issued visas 
or otherwise provided nonimmigrant status under such section without 
regard to numerical limitation if they are only working in the 
geographic area or areas which are designated by the Secretary of 
Health and Human Services as having a shortage of health care 
professionals.
    ``(C) The numerical limitations in subparagraph (A) shall only 
apply to principal aliens and not to the spouse or children of such 
aliens.''.

SEC. 4. REGULATIONS; EFFECTIVE DATE.

    (a) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the following shall promulgate regulations to 
carry out the amendments made by section 3:
            (1) The Secretary of Labor, in consultation with the 
        Secretary of Health and Human Services and the Secretary of 
        Homeland Security.
            (2) The Secretary of Homeland Security, in consultation 
        with the Secretary of State.
    (b) Effective Date.--Notwithstanding subsection (a), the amendments 
made by section 3 shall take effect 90 days after the date of the 
enactment of this Act, regardless of whether the regulations 
promulgated under subsection (a) are in effect on such date.

SEC. 5. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW.

    This Act is enacted pursuant to the power granted to Congress under 
article I, section 8, clause 4, to establish an uniform rule 
naturalization, and under article I, section 8, clause 18, of the 
United States Constitution.
                                 <all>