Comparison of Current H-1C Temporary Nurse
Visa (as enacted in 1999 -S. 1259)
and The Rural and
Urban Health Care Act
of 2001 (H.R. 2705)
October, 2001
This chart is a summary of the current temporary visa authority for nurses (H-1C), and two new bills that is pending in Congress. The ANA Board of Directors has voted to oppose these two bills.
For further information, contact Erin McKeon in the Government Affairs office of ANA.
 | Current H-1C Visa | S. 1259 | H.R. 2705 |
| Length of Visa | 3 years. | An initial period of 3 years that may be extended to a total of 6. | Same as S. 1259. |
| Limit on Visas | 500 per year. States with populations fewer than 9 million are limited to 25 visas per year, states with populations greater than 9 million are limited to 50. | No cap. | 195,000 per year. |
| Sunset | 4 years after promulgation of regulations. | No clear sunset. | No clear sunset. |
| Requirements of Alien Nurses | Requires that the alien
have the following:
 an
active and unrestricted license to practice in a foreign nation or a
degree from a US school of nursing.
a CGFNS certificate or a full, unrestricted
license in the state of intended employment.
full qualifications and eligibity to work in the
petitioning facility immediately upon admission to the U.S.
Requires CGFNS certificate to include written and spoken English proficiency testing, a review of the alien's nursing curriculum, a NCLEX predictor exam, and a review of the alien's license in the home country. | Recognizes a degree from a Canadian school of
nursing to be the same as a degree from a US school of nursing.
Allows the alien nurse to take the NCLEX after
entry into the U.S.
Rescinds
legislative requirements defining what the CGFNS certificate must
include (e.g., English proficiency testing, review of nursing
curriculum, review of home nursing license and the NCLEX predictor
exam). | Similar to S. 1259,
except stipulates that
the alien may only
take the NCLEX
twice. Failing these,
the visa is terminated
and the nurse is
required to leave the
country. Does not alter CGFNS certificate requirements. |
| Facilities Eligible to Sponsor Alien Nurses | Hospitals that:
were located in health professional shortage
area as of March 31, 1997.
have fewer than 190 acute care beds.serve a population consisting of a large
percentage of Medicare (35%) and Medicaid (28%) beneficiaries.
have instituted a program to recruit and retain
American nurses, including support for nurse training, career
development programs, and competitive wages.
have an RN workforce comprised of less than 33%
foreign-trained nurses. | Any hospital, nursing home, skilled nursing facility, registry, clinic, assisted-living center, or employer who employs RNs in a home setting. | Same as S. 1259. |
| Facility Attestation Requirements | Facility files attestation with the Department
of Labor (DOL) stating that the facility meets the working conditions
described below and is eligible to sponsor an alien nurse.
The DOL must establish a process to investigate
the attestation.
Secretary must investigate if there is
"reasonable cause" to believe that the facility fails to meet the
conditions attested to.
Secretary may impose fines if the facility has
"failed to meet a condition attested to" or there was a
misrepresentation of fact.
Attestation
is valid for one year. | Adds a requirement that the DOL only review the
attestation for "completeness and obvious inaccuracies" and requires the
DOL to certify attestations that do not have obvious problems within 7
calendar days.
Raises the
threshold for
investigation from
"reasonable cause"
to "
probable cause."
Raises the
threshold for the
imposition of fines
from "failed to
meet" to "
willfully failed to meet" and
from
"misrepresentation" to "
willful misrepresentation."
Attestation
is valid for three years. | Same as S. 1259, except retains the "reasonable" threshold for the initiation of investigations, versus "probable." |
| Working Conditions | Facility must:
provide the alien a wage rate and working
conditions commensurate with those of nurses similarly employed.
limit alien's schedule to hours commensurate
with similarly employed nurses.
not interfere with ability of the alien to join
a union.
not be involved in a strike or lock-out.
not have laid off any RN employed at the
facility for a period beginning 90 days before and ending 90 after the
of filing the attestation.
not be employing the alien nurse to influence
an election for a bargaining representative. | Deletes requirement
that aliens must work
hours similar to
American nurses. Importantly, the ability of registries to employ alien nurses would also make it possible for facilities to circumvent the other workplace protections included in the H-1C. | Same as S. 1259. |
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