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DOL/ETA

RIN: 1205-AB52

Publication ID: Fall 2007

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 Public Law 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 three 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 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
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	12/00/2007

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: William L. Carlson Ph.D. 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