The House of Representatives has passed H.R. 2759, an act to amend the Immigration and Nationality Act to create a new nonimmigrant visa category for nurses who will practice in health professional shortage areas. If the Senate also passes the bill, a new H-1C visa would be created for nurses that

a. have obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States.

b. have passed an appropriate examination (recognized in regulations promulgated by the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and

c. if fully qualified and eligible or has a temporary or interim license under the laws of the State of intended employment to immediately engage in the practice of professional nursing as a registered nurse.

Petitioners must attest to the following:

a. the employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed.

b. the alien will be paid the wage rate for registered nurses similarly employed by the facility.

c. the facility has taken steps to recruit American registered nurses. These could include operating a training program, providing career development programs, paying a higher salary than average, reducing administrative work for nurses and providing reasonable opportunities for meaningful salary advancement by registered nurses.

d. there is no strike or lockout and no recent layoffs of nurses.

e. notice has been posted prior to filing the petition

f. the petitioner will not have a work force with more than a third of the employees having H-1C visas

g. the employer will not allow nurses to work at any worksite other than a worksite controlled by the facility or transfer the place of employment from one worksite to another.

Only 500 H-1C visas may be granted each year. For states with populations less than 10,000,000, the limit is 25 petitions per year. States with more than 10,000,000 people get 50 petitioners. The petitioner must be in a health professional shortage area.

Time is very limited in this session for the Senate to act on this bill, so even if there is the will to pass the bill in that house, it will still be tough to get the bill through in time.