[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2522]


[[Page Unknown]]

[Federal Register: February 4, 1994]


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Part II





Department of Labor





_______________________________________________________________________



Employment and Training Administration



20 CFR Part 655

Wage and Hour Division



29 CFR Part 504




Attestations by Facilities Using Nonimmigrant Aliens as Registered 
Nurses; Rule
DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AA84

Wage and Hour Division

29 CFR Part 504

RIN 1215-AA55

 
Attestations by Facilities Using Nonimmigrant Aliens as 
Registered Nurses

AGENCIES: Employment and Training Administration and Wage and Hour 
Division, Employment Standards Administration, Labor.

ACTION: Final rule and amendment and announcement of effective date.

-----------------------------------------------------------------------

SUMMARY: On January 6, 1994, the Employment and Training Administration 
(ETA) and the Wage and Hour Division of the Employment Standards 
Administration of the Department of Labor published final regulations 
governing the filing and enforcement of attestations by health care 
facilities seeking to use the services of nonimmigrant aliens as 
registered nurses under H-1A visas. At that time, ETA submitted the 
information collection requirements to the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1980. This document 
amends the January 6, 1994, Federal Register document to display the 
OMB control numbers and announces the effective date for the sections 
containing information collection requirements for which OMB approval 
has been received.

DATES: The revision of 20 CFR 655.310 and 655.350 and 29 CFR 504.310 
and 504.350 published January 6, 1994 (59 FR 874) and these amendments 
are effective February 7, 1994. Form ETA 9029, published as an appendix 
to this document, may be used on or after February 7, 1994. The prior 
version of Form ETA 9029, published at 55 FR 50500, 50527-50531 
(December 6, 1990), will be accepted for filing through March 7, 1994.

FOR FURTHER INFORMATION CONTACT:
On 20 CFR part 655, subpart D, and 29 CFR part 504, subpart D, contact 
Mr. Denis M. Gruskin, Senior Specialist, Division of Foreign Labor 
Certifications, U.S. Employment Service, Employment and Training 
Administration, Department of Labor, room N-4456, 200 Constitution 
Avenue, NW., Washington, DC 20210. Telephone: 202-219-4369 (this is not 
a toll-free number).
    On 20 CFR part 655, subpart E, and 29 CFR part 504, subpart E, 
contact Mr. Solomon Sugarman, Chief, Branch of Farm Labor and 
Immigration Programs, Wage and Hour Division, Employment Standards 
Administration, Department of Labor, room S-3502, 200 Constitution 
Avenue, NW., Washington, DC 20210. Telephone: 202-219-7605 (this is not 
a toll-free number).

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act's (PRA) 
provisions on information collection are triggered when a health care 
facility (facility) files an attestation with the Department of Labor 
(DOL or Department), as a condition for being able to use the services 
of a nonimmigrant registered nurse entering the United States on an H-
1A visa. The attestation is a prerequisite to filing a petition with 
the Immigration and Naturalization Service (INS) for H-1A nurses. 
Facilities are required to file attestations with DOL attesting to 
certain conditions and to steps taken to recruit and retain U.S. nurses 
in order to reduce dependence on nonimmigrant alien nurses.
    The attestations, required under sections 101(a)(15)(h)(i)(a) and 
212(m) of the Immigration and Nationality Act, pertain to substantial 
disruption in the delivery of health care services, absence of adverse 
effect on wages and working conditions of similarly employed registered 
nurses, payment of wages to nonimmigrant nurses employed by the 
facility at wage rates paid to other registered nurses similarly 
employed by the facility, taking timely and significant steps designed 
to recruit and retain U.S. nurses to reduce dependence on nonimmigrant 
nurses, absence of a strike or lockout, and giving appropriate notice 
of filing. Attestation is made on Form ETA 9029, a copy of which is 
published as an appendix to this document, but which will not be 
published in the CFR.
    The attestation process is administered by the Employment and 
Training Administration (ETA) of DOL, while complaints and 
investigations regarding the attestations are handled by the Wage and 
Hour Division of DOL's Employment Standards Administration (ESA).
    Public reporting burden for collection of information the first 
year a facility submits an attestation is estimated to average 8 to 10 
hours for searching existing information/data sources and gathering and 
compiling the data at the facility the first year that a facility 
submits an attestation. In the second and subsequent years, the 
reporting burden, based on operating experience, is expected to average 
about 3 hours.
    The Office of Management and Budget (OMB) reviewed the collection 
of information requirements for facilities filing attestations as a 
condition to petition the INS for H-1A nurses in accordance with the 
PRA, 44 U.S.C. 3501 et seq., and 5 CFR part 1320. OMB approved all 
information requirements contained in 20 CFR part 655, subpart D, and 
29 CFR part 504, subpart D, under OMB clearance number 1205-0305.
    On January 31, 1994, OMB approved the information collection 
provisions until September 1995.

Authority and Signature

    8 U.S.C. 1101(a)(15)(H)(i)(a), 1182(m), and 1184; 29 U.S.C. 49 
et seq.; and sec 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8 
U.S.C. 1182 note); and sec. 341 (a) and (b), Pub. L. 103-182, 107 
Stat. 2057.

    Signed at Washington, DC, January 31, 1994.
Doug Ross,
Assistant Secretary for Employment and Training.
John R. Fraser,
Acting Assistant Secretary for Employment Standards.

    Title 20, part 655, subpart D, and title 29, part 504, subpart D, 
of the Code of Federal Regulations are hereby amended as follows:

PART 655--[AMENDED]

    1. The authority citation for 20 CFR part 655 continues to read as 
follows:

    Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(H) 
(i) and (ii), 1182 (m) and (n), 1184, 1188, and 1288(c); 29 U.S.C. 
49 et seq.; sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8 
U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 
5027 (8 U.S.C. 1184 note); and 8 CFR 214.2(h)(4)(i).
    Section 655.00 issued under 8 U.S.C. 1101(a)(15)(H)(ii), 1184, 
and 1188; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
    Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 
1184; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
    Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184, and 
1188; and 29 U.S.C. 49 et seq.
    Subparts D and E issued under 8 U.S.C. 1101(a)(15)(H)(i)(a), 
1182(m), and 1184; 29 U.S.C. 49 et seq.; sec. 3(c)(1), Pub. L. 101-
238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 note); and sec. 341 (a) and 
(b), Pub. L. 103-182, 107 Stat. 2057.
    Subparts F and G issued under 8 U.S.C. 1184 and 1288(c); and 29 
U.S.C. 49 et seq.
    Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b), 
1182(n), and 1184; 29 U.S.C. 49 et seq.; and sec. 303(a)(8), Pub. L. 
102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1182 note).
    Subparts J and K issued under 29 U.S.C. 49 et seq.; and sec. 
221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).

    2. In 20 CFR 655.310, by adding a parenthetical, as follows, at the 
end of the regulatory text:


Sec. 655.310  Attestations

* * * * *
(Approved by the Office of Management and Budget under control 
number 1205-0305.)

    3. In 20 CFR 655.360, by adding a parenthetical, as follows, at the 
end of the regulatory text:


Sec. 655.350  Public Access

* * * * *
(Approved by the Office of Management and Budget under control 
number 1205-0305.)

PART 504--[AMENDED]

    4. The authority citation for title 29 CFR part 504, subparts D and 
E, continues to read as follows:

    Authority: 8 U.S.C. 1101(a)(15)(H)(i)(a), 1182(m) and Pub. L. 
101-238, sec 3(c)(1), 103 Stat. 2099, 2103 (8 U.S.C. 1182 note); and 
sec. 341 (a) and (b), Pub. L. 103-182, 107 Stat. 2057.

    5. In 29 CFR 504.310, by adding a parenthetical, as follows, at the 
end of the regulatory text:


Sec. 504.310  Attestations

* * * * *
(Approved by the Office of Management and Budget under control 
number 1205-0305.)

    6. In 29 CFR 504.350, by adding a parenthetical, as follows, at the 
end of the regulatory text:


Sec. 504.350  Public Access

* * * * *
(Approved by the Office of Management and Budget under control 
number 1205-0305.)

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Appendix--Form ETA 9029

TR04FE94.006


TR04FE94.007


TR04FE94.008


TR04FE94.009


TR04FE94.010


[FR Doc. 94-2522 Filed 2-3-94; 8:45 am]
BILLING CODE 4510-30-C; 4510-27-C