Employment Law Guide

	In This Chapter
Who Is Covered Basic Provisions/Requirements Employee Rights Compliance Assistance Available Penalties/Sanctions Relation to State, Local and Other Federal Laws

Nurses (H-1C Visas)

The Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA)
Amending the Immigration and Nationality Act
(8 USC §1101(a)(15)(h)(i); 20 CFR 655)

Who is Covered

The Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA) allows qualified hospitals to employ temporary foreign workers (nonimmigrants) as registered nurses (RNs) for up to three years under H-1C visas. Only 500 H-1C visas can be issued each year during the four-year period of the H-1C program. To qualify for this program, a hospital must:

• Be a "subpart d" hospital under the Social Security Act;

• Be located in an area with a shortage of health professionals;

• Have at least 190 acute care beds;

• Be reimbursed by Medicare for at least 35% of acute care inpatient days; and

• Be reimbursed by Medicaid for at least 28% of acute care inpatient days.

Basic Provisions/Requirements

A qualified hospital ("facility") begins the process by filing an attestation with the Department of Labor that addresses eight elements. Among other things, these elements require the prospective employer of H-1C nurses to pay no less than the prevailing wage to all RNs (both U.S. and H-1C); notify all RNs at the facility of its intent to petition for H-1C nurses; take steps to recruit, train and retain U.S. RNs; and not lay off any U.S. RN while petitioning for H-1C nurses.

When the Department accepts the attestation for filing, the facility may file a petition with the Immigration and Naturalization Service (INS) for the admission of H-1C nurses. The facility must keep certain documents available for public inspection, including the Attestation, the facility pay schedule for nurses, evidence of its efforts to retain U.S. RNs, notices of any strikes or labor disputes involving RNs at the facility, and copies of notices of the facility's intent to petition for H-1C nurses.

The Employment and Training Administration (ETA) administers the attestation process, while the Wage and Hour Division of the Employment Standards Administration determines whether a hospital has complied with the attestations.

Employee Rights

All appropriate protections under U.S. labor laws apply to these workers.

Compliance Assistance Available

More detailed information may be obtained by contacting the local Employment and Training Administration (1-877-US-2JOBS) and Wage and Hour Division offices (1-866-4USWAGE).

Penalties/Sanctions

When violations are found, the Administrator of the Wage and Hour Division may assess a civil money penalty not to exceed $1,000 per RN per violation and impose other appropriate remedies, including payment of back wages and the performance of attested obligations. Within 10 days of the date of the determination, an employer may request a hearing on the determination of a violation before an administrative law judge. Within 30 days of the decision by an administrative law judge, an interested party may request a review of the administrative law judge's decision by the Department's Administrative Review Board. Employers found to have committed violations may also be precluded from access to the H-1C program for at least one year.

Relation to State, Local, and Other Federal Laws

Various other laws, such as workers' compensation, tax (unemployment insurance, local, state, and federal), the Fair Labor Standards Act, and the Family and Medical Leave Act, may apply to the employment of these workers.