ETA Unified Agenda - [Final Rule Stage]

RIN: 1205-AB52

Publication ID: Spring 2009 

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 the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 (NRDARA), Public Law 109-423, 120 Stat. 2900 (2006). In 2000, the Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA), Public Law 106-95, 113 Stat. 1312 (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 21, 2000. Before the NRDARA was enacted on December 20, 2006, the Department determined on April 24, 2006, 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 visa 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 that it is appropriate to finalize the rule. Section 3 of Public Law 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	09/00/2009

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