To amend the Immigration and Nationality Act with respect to the requirements for the admission of nonimmigrant nurses who will practice in health professional shortage areas.
Health Professional Shortage Area Nursing Relief Act of 1998 - Amends the Immigration and Nationality Act to establish a four-year nonimmigrant (H-1C visa) classification for nonimmigrant registered nurses in health professional shortage areas.
Requires that an alien: (1) have a full foreign nursing license or has received U.S. nursing education; (2) have passed an appropriate examination or is a licensed nurse in the State of intended employment; and (3) be fully eligible to begin work in the petitioning facility.
Requires the facility to file an employment attestation with the Department of Labor with respect to such alien (or aliens) evidencing that: (1) similarly employed nurse's wages and conditions will not be adversely affected; (2) the alien's wages will be the same as other similarly employed nurses; (3) steps are being taken to recruit U.S. nurses (as set forth by this Act); (4) no labor dispute is involved; (5) no more than one-third of the facility's registered nurses will be H-1C aliens; and (6) employment will not be performed at a facility other than the petitioning facility.
Directs the Secretary of Labor to: (1) compile a public list of petitioning facilities; (2) establish a process for complaint receipt, investigation, and disposition (including civil monetary penalties) against a noncomplying facility; and (3) impose an attestation filing fee of up to $250.
Limits: (1) aggregate fiscal year H-1C entrants to 500; and (2) fiscal year entrants in any one State to 25 and 50 in States with less or more than ten million inhabitants, respectively. Defines "facility" as a hospital: (1) in a health shortage area; (2) with at least 190 acute care beds; and (3) with at least 35 percent and 28 percent of its patients being Medicare and Medicaid patients, respectively.
Repeals the nonimmigrant nursing program (H-1A visa).
(Sec. 3) Directs the Secretary and the Secretary of Health and Human Services to recommend: (1) an alternative to the H-1C program as a permanent remedy to the registered nurse shortage; and (2) a more effective program enforcement system.
(Sec. 4) Amends the Immigration and Nationality Act to exempt certain nurses and physical therapists from foreign health care worker certification requirements.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Claims.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-668.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-668.
Placed on the Union Calendar, Calendar No. 376.
Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H6931-6935)
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Judiciary.