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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 20 - Employees' Benefits |
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Chapter V - Employment and Training Administration, Department of Labor |
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Part 655 - Temporary Employment of Foreign Workers in the United States |
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Subpart L - What Requirements Must a Facility Meet to Employ H-1C Nonimmigrant Workers as Registered Nurses? |
§ 655.1117 - Element VII - What are the limitations as to the number of H-1C nonimmigrants that a facility may employ?
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§ 655.1117 Element VII - What are the limitations as to the number of H-1C nonimmigrants that a facility may employ?
(a) The seventh attestation element requires that the facility attest that it will not, at any time, employ a number of H-1C nurses that exceeds 33% of the total number of registered nurses employed by the facility. The calculation of the population of nurses for purposes of this attestation includes only nurses who have an employer-employee relationship with the facility (as defined in § 655.1102).
(b) The facility must maintain documentation (e.g., payroll records, copies of H-1C petitions) that demonstrates its compliance with this attestation. The facility must make such documentation available to the Administrator in the event of an enforcement action pursuant to subpart M of this part.