[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1933 Reported in House (RH)]

                                                  Union Calendar No. 99
112th CONGRESS
  1st Session
                                H. R. 1933

                          [Report No. 112-153]

To amend the Immigration and Nationality Act to modify the requirements 
 for admission of nonimmigrant nurses in health professional shortage 
                                 areas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

     Mr. Smith of Texas (for himself, Mr. Cuellar, and Mr. Roskam) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                             July 19, 2011

             Additional sponsors: Mr. Rush and Mr. Hinojosa

                             July 19, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]


_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to modify the requirements 
 for admission of nonimmigrant nurses in health professional shortage 
                                 areas.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES 
              IN HEALTH PROFESSIONAL SHORTAGE AREAS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (c) Applicability.--</DELETED>
        <DELETED>    (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 subsections (a) and (b) of 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.</DELETED>
        <DELETED>    (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 subsection (a) 
        and (b). 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 subsection (a) or (b), the commencement date 
        described in this paragraph shall be the date on which such 
        regulations (in final form) take effect.</DELETED>

SECTION 1. 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.
                                                  Union Calendar No. 99

112th CONGRESS

  1st Session

                               H. R. 1933

                          [Report No. 112-153]

_______________________________________________________________________

                                 A BILL

To amend the Immigration and Nationality Act to modify the requirements 
 for admission of nonimmigrant nurses in health professional shortage 
                                 areas.

_______________________________________________________________________

                             July 19, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed