Immigration Nursing Relief Act of 1989

Summary

Immigration Nursing Relief Act of 1989 - Provides for adjustment to immigrant status without regard to specified numerical limitations under the Immigration and Nationality Act for an alien (and accompanying spouse and children): (1) who as of September 1, 1989, had H-1 nonimmigrant registered nurse status; (2) who has been employed in that capacity for at least three years prior to applying for status adjustment; and (3) whose continued nursing employment meets certain labor certification requirements. Provides that H-1 nurses whose visas expire December 31, 1989, shall be considered to be in legal status for 120 days after the promulgation of related Immigration and Naturalization Service regulations. Amends the Immigration and Nationality Act to establish a new procedure for the admission of nonimmigrant (H-1a) nurses. Requires such an alien: (1) to be licensed as a nurse in the country where he or she received nursing education, or to have received such education in the United States or Canada; and (2) to have passed an appropriate examination or to have a license and be otherwise eligible to practice immediately in the State of intended employment. Requires the employer-facility to attest that: (1) services are necessary to avoid substantial disruption of health care services; (2) such alien's employment will not affect similarly employed nurses' wages and working conditions; (3) such alien will be paid the prevailing wage for similarly employed nurses at the facility; (4) steps are being taken to recruit and retain U.S. citizen or immigrant nurses or that the facility is subject to an approved State plan for such purpose; (5) there is no ongoing strike or labor dispute; and (6) notice of such hiring petition has been given to the nurses' bargaining representative or conspicuously posted if no such representative exists. States that a facility shall not meet the "substantial disruption of services" requirement if it has laid off registered nurses within the previous year. Enumerates facility "nurse recruitment and retention" steps, including: (1) operating or financing training or career development programs; and (2) paying wages above local wage rates or providing salary advancement opportunities. Makes such attestations valid for one year. Permits multiple petitions to be filed on the basis of one attestation. Requires the Secretary of Labor to compile and make available in Washington, D.C., a list of facility petitions and attestations. Requires the Secretary to establish a process for the receipt, investigation, and disposition of complaints with respect to a facility's failure to comply with the terms of its attestation. Authorizes: (1) an aggrieved person or organization (including a bargaining representative) to file a complaint; and (2) the Secretary to initiate an investigation. Requires: (1) the Secretary to make a determination within 120 days of a complaint; and (2) a hearing on the complaint within 60 days of such determination. Authorizes such facility's petitions for one year. Requires the payment of back wages where appropriate. Directs the Secretary to provide for a process under which a State may submit a plan for the recruitment and retention of U.S. citizen and immigrant nurses. Establishes for H-1a alien nurses an initial admission period of up to three years, with an extension period not to exceed a total admissions period of five years (six years under extraordinary circumstances). Directs the Secretary to appoint an advisory group by January 1, 1991, with regard to: (1) the impact of the H-1a program on the nursing shortage; (2) recruitment and retention of U.S. nurses; and (3) program extension. Prohibits specified H-1 regulation changes.

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Documents

5 official files

• Public Law (PDF)

  Public Law · EN · 18 December 1989

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• Passed Senate amended

  summary · EN · 20 November 1989

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• Reported to Senate with amendment(s)

  summary · EN · 17 November 1989

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• Passed House amended

  summary · EN · 17 October 1989

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• Introduced in House

  summary · EN · 13 September 1989

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