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Abstract: This Final Rule reflects the extension of the H-1C visa program, which was extended by Pub. L. 109-423--Reauthorization of H-1C Program Under the Nursing Relief for Disadvantaged Areas Act of 2005. In 2000, the Nursing Relief for Disadvantaged Areas Act of 1999 (Pub. L. 106-95; Nov. 12, 1999) amended the Immigration and Nationality Act to create a temporary visa program for nonimmigrant aliens to work as registered nurses for up to 3 years in facilities serving health professional shortage areas, subject to certain conditions. The NRDAA specified that the H-1C visas were available only during the 4-year period beginning on the date that interim or final regulations were promulgated. Under this Act, the Department published an interim rule, on August 22, 2000 (65 FR 51137), which was open for public comment through September 20, 2004. On April 24, 2006, the Department determined that continued rulemaking was neither necessary nor appropriate at that time, because health care facilities could not sponsor new H-1C visas and no new H-1C visas could be issued. Therefore, the Department discontinued this rulemaking (71 FR 22912). However, given the new statutory authorization for the program, the Department has determined it is appropriate to finalize the rule. Section 3 of Pub. L. 109-423 has exempted this rulemaking from the Administrative Procedure Act so additional notice and comment are unnecessary.
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