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NEWS

1999 News

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2 DECEMBER 1999

“Nursing Relief for Disadvantaged Areas Act of 1999” passed

Public Law 106-95 “Nursing Relief for Disadvantaged Areas Act of 1999”, was signed by President Bill Clinton on 12 November 1999. Public Law 106-95 creates a new temporary visa category for foreign nurses and revises the current certification process for foreign nurses from certain designated countries.

The law creates the H-1C visa category, for foreign nurses to work in areas designated as “health professional shortage areas” by the Department of Health and Human Services (HHS). The law limits the number of visas issued by the Department of State or the Immigration and Naturalization Service (INS) annually to 500. Nurses practicing under the H-1C visa may be admitted for three years, with no extensions. The H-1C visa will sunset in approximately four years.

Under the H-1C visa, employers hiring H-1C nurses must file an attestation with the Department of Labor (DOL) certifying that the facility meets all of the regulations and restrictions of Public Law 106-95. In order for foreign-educated nurses to qualify, they must meet the following requirements:

have a full and unrestricted license to practice professional nursing in the country where they obtained their nursing education or have received nursing education in the United States;
have passed an appropriate examination (determined by the Department of Health and Human Services), or have a full and unrestricted license to practice as a registered nurse in the state of intended employment; and
are fully qualified and eligible under the state laws and regulations of the state of intended employment to practice as a registered nurse immediately upon admission to the United States.

The Commission on Graduates of Foreign Nursing Schools (CGFNS) has requested and is currently awaiting a determination from INS as to how H-1C nurses can meet the certification requirements of section 212(a)(5)(C) of the Immigration and Nationality Act.

Section 4 of Public Law 106-95 also amended the certification requirements of section 212(a)(5)(C). Section 4 established an alternative, streamlined certification mechanism for any foreign nurse who obtains a certified statement from CGFNS attesting that the alien:

has a valid and unencumbered license as a nurse in a state where the alien intends to be employed and such State verifies that the foreign licenses of alien nurses are authentic and unencumbered;
has passed the NCLEX-RN^® (National Council Licensure Examination for registered nurses); and
is a graduate of a nursing program (a) in which the language of instruction was English, (b) located in a country designated by CGFNS within 30 days of the date of enactment of P.L. 106-95, based on CGFNS’s assessment that the quality of nursing education in that country, and the English language proficiency of those who complete English-language-medium programs in that country justify the country’s designation, and (c) if that nursing program was in operation before 12 November 1999, or is subsequently designated by CGFNS and any equivalent credentialing organizations approved for the credentialing of nurses under subsection 212(a)(5)(C).

Pursuant to the authority conferred on it by Public Law 106-95, and based on its assessment of the quality of nursing education programs and the English language proficiency of those who have completed English-language-medium programs in that country, CGFNS hereby designates the following countries: Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom and the United States.

In accordance with P.L. 106-95, CGFNS will issue such certified statements to qualified applicants not more than 35 days after receipt of a completed application. This 35-day period applies only to foreign nurses described in Section 4 of Public Law 106-95.