Requirements for admission of nonimmigrant nurses in health professional shortage areas

(a)

Extension of period of authorized admission

Section 212(m)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(m)(3)) is amended to read as follows:

(3)The initial period of authorized admission as a nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 3 years, and may be extended once for an additional 3-year period.

(b)

Number of visas

Section 212(m)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(m)(4)) is amended by striking 500. and inserting 300.. (c)

Portability

Section 214(n) of the Immigration and Nationality Act (8 U.S.C. 1184(n)) is amended by adding at the end the following:

(3)(A)A nonimmigrant alien described in subparagraph (B) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c) is authorized to accept new employment performing services as a registered nurse for a facility described in section 212(m)(6) upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (c). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. (B)A nonimmigrant alien described in this paragraph 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, except that, if a nonimmigrant described in section 101(a)(15)(H)(i)(c) is terminated or laid off by the nonimmigrant's employer, or otherwise ceases employment with the employer, such petition for new employment shall be filed during the 45-day period beginning on the date of such termination, lay off, or cessation; and (iii)who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.

(d)

Applicability

(1)

In general

During the 3-year period beginning on the commencement date described in paragraph (2), the amendments made by section 2 of the Nursing Relief for Disadvantaged Areas Act of 1999 (Public Law 106–95), and the amendments made by this section, shall apply to classification petitions filed for nonimmigrant status. This period shall be in addition to the period described in section 2(e) of the Nursing Relief for Disadvantaged Areas Act of 1999. (2)

Commencement date

Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall determine whether regulations are necessary to implement the amendments made by this section. If the Secretary determines that no such regulations are necessary, the commencement date described in this paragraph shall be the date of such determination. If the Secretary determines that regulations are necessary to implement any amendment made by this section, the commencement date described in this paragraph shall be the date on which such regulations (in final form) take effect.