S.744 Immigration bill - Sec. 4212: REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS
Posted Wed, Apr 17, 2013 at 4:58 pm
- (a) Extension of Period of Authorized Admission- Section 212(m)(3) (8 U.S.C. 1182(m)(3)) is amended to read as follows:
- `(3) The initial period of authorized admission as a
nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 3 years, and may
be extended once for an additional 3-year period.'.
- (b) Number of Visas- Section 212(m)(4) (8 U.S.C. 1182(m)(4)) is amended by striking `500.' and inserting `300.'.
- (c) Portability- Section 214(n) (8 U.S.C. 1184(n)), as
amended by section 4103(b), is further amended by adding at the end the
- `(4)(A) A nonimmigrant alien described in subparagraph (B)
who was previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(c) is authorized to accept new
employment performing services as a registered nurse for a facility
described in section 212(m)(6) upon the filing by the prospective
employer of a new petition on behalf of such nonimmigrant as provided
under subsection (c). Employment authorization shall continue for such
alien until the new petition is adjudicated. If the new petition is
denied, such authorization shall cease.
- `(B) A nonimmigrant alien described in this paragraph is a nonimmigrant alien--
- `(i) who has been lawfully admitted into the United States;
- `(ii) on whose behalf an employer has filed a
nonfrivolous petition for new employment before the date of expiration
of the period of stay authorized by the Secretary of Homeland Security,
except that, if a nonimmigrant described in section 101(a)(15)(H)(i)(c)
is terminated or laid off by the nonimmigrant's employer, or otherwise
ceases employment with the employer, such petition for new employment
shall be filed during the 45-day period beginning on the date of such
termination, lay off, or cessation; and
- `(iii) who, subsequent to such lawful admission, has
not been employed without authorization in the United States before the
filing of such petition.'.
- (d) Applicability-
- (1) IN GENERAL- Beginning on the commencement date
described in paragraph (2), the amendments made by section 2 of the
Nursing Relief for Disadvantaged Areas Act of 1999 (Public Law 106-95;
113 Stat. 1313), and the amendments made by this section, shall apply to
classification petitions filed for nonimmigrant status. This period
shall be in addition to the period described in section 2(e) of the
Nursing Relief for Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 note).
- (2) COMMENCEMENT DATE- Not later than 60 days after the
date of the enactment of this Act, the Secretary shall determine
whether regulations are necessary to implement the amendments made by
this section. If the Secretary determines that no such regulations are
necessary, the commencement date described in this paragraph shall be
the date of such determination. If the Secretary determines that
regulations are necessary to implement any amendment made by this
section, the commencement date described in this paragraph shall be the
date on which such regulations (in final form) take effect.
REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS