A bill 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.
Nursing Relief for Disadvantaged Areas Act of 1999 - 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 nine 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.
Became Public Law No: 106-95.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1928-1929)
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Immigration.
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