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October 11, 2008    DOL Home > Rulemaking > Unified Agenda

ETA Unified Agenda - [Final Rule Stage]

RIN: 1205-AB52 Publication ID: Spring 2008 

Title: Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses 

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. 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: Previously published in the Unified Agenda 

Agenda Stage of Rulemaking: Final Rule Stage 

Major: No 

Unfunded Mandates: No 

CFR Citation: 22 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations.

Legal Authority: PL 109-423; 120 Stat 2900; 8 USC 1101 (a)(15)(H)(i)(c); 8 USC 1182 (m)(2) 

Legal Deadline:  None

Timetable:
Action Date FR Cite
Final Action  06/00/2008   

Regulatory Flexibility Analysis Required: No 

Government Levels Affected: Federal, State 

Small Entities Affected: Businesses 

Federalism: Undetermined 

Included in the Regulatory Plan: No 

RIN Data Printed in the FR: No 

Agency Contact:
Dr. William Carlson
Administrator, Office of Foreign Labor Certification
Department of Labor
Employment and Training Administration
FP Building, Room C-4312, 200 Constitution Avenue NW.,
Washington, DC 20210
Phone:202 693-3010
Email: carlson.william@dol.gov



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