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H-1C Visa - Frequently Asked Questions

8.

Are there additional attestation requirements provided for in the NRDAA?

Yes. The facility must also attest to the DOL that:

  • The employment of the H-1C foreign national will not adversely affect the wages and working conditions of other nurses similarly employed
  • The H-1C foreign national will be paid the wage rate for registered nurses similarly employed by the facility
  • There is no strike or lockout in the course of a labor dispute
  • It did not lay off and will not lay off a registered nurse already employed by it within the period beginning 90 days before and ending 90 days after the date of filing of any H-1C petition
  • The employment of the H-1C foreign national is not intended to influence an election for a bargaining representative for registered nurses of the facility. At the time of filing of the H-1C petition, notice of filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the facility through posting in conspicuous locations
  • It will never employ a number of H-1C foreign national's that exceeds 33 percent of the total number of registered nurses employed by it
  • The H-1C foreign national will not be authorized to perform nursing services at any worksite other than the worksite controlled by it and it will not transfer the foreign national from one worksite to another
  • The facility must also attest that it has taken steps to recruit and retain registered nurses who are U.S. citizens or immigrants. These steps include, but are not limited to:
  • Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere
  • Providing career development programs and other methods of facilitating health care workers to become registered nurses
  • Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area or
  • Providing reasonable opportunities for meaningful salary advancement by registered nurses
  • These steps do not need to have been taken by the facility prior to the enactment of the NRDAA
  • A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of its filing. The attestation shall apply to all H-1C petitions filed during the 1-year period beginning on the date of its filing with the Secretary of Labor if the facility states in each petition that it continues to comply with the conditions in the attestation. These attestation requirements are explained further in regulations issued by the Secretary of Labor at 20 CFR Part 655, subparts L and M, 65 FR 51138 (Aug. 22, 2000).
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