[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2522]
[[Page Unknown]]
[Federal Register: February 4, 1994]
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Part II
Department of Labor
_______________________________________________________________________
Employment and Training Administration
20 CFR Part 655
Wage and Hour Division
29 CFR Part 504
Attestations by Facilities Using Nonimmigrant Aliens as Registered
Nurses; Rule
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AA84
Wage and Hour Division
29 CFR Part 504
RIN 1215-AA55
Attestations by Facilities Using Nonimmigrant Aliens as
Registered Nurses
AGENCIES: Employment and Training Administration and Wage and Hour
Division, Employment Standards Administration, Labor.
ACTION: Final rule and amendment and announcement of effective date.
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SUMMARY: On January 6, 1994, the Employment and Training Administration
(ETA) and the Wage and Hour Division of the Employment Standards
Administration of the Department of Labor published final regulations
governing the filing and enforcement of attestations by health care
facilities seeking to use the services of nonimmigrant aliens as
registered nurses under H-1A visas. At that time, ETA submitted the
information collection requirements to the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1980. This document
amends the January 6, 1994, Federal Register document to display the
OMB control numbers and announces the effective date for the sections
containing information collection requirements for which OMB approval
has been received.
DATES: The revision of 20 CFR 655.310 and 655.350 and 29 CFR 504.310
and 504.350 published January 6, 1994 (59 FR 874) and these amendments
are effective February 7, 1994. Form ETA 9029, published as an appendix
to this document, may be used on or after February 7, 1994. The prior
version of Form ETA 9029, published at 55 FR 50500, 50527-50531
(December 6, 1990), will be accepted for filing through March 7, 1994.
FOR FURTHER INFORMATION CONTACT:
On 20 CFR part 655, subpart D, and 29 CFR part 504, subpart D, contact
Mr. Denis M. Gruskin, Senior Specialist, Division of Foreign Labor
Certifications, U.S. Employment Service, Employment and Training
Administration, Department of Labor, room N-4456, 200 Constitution
Avenue, NW., Washington, DC 20210. Telephone: 202-219-4369 (this is not
a toll-free number).
On 20 CFR part 655, subpart E, and 29 CFR part 504, subpart E,
contact Mr. Solomon Sugarman, Chief, Branch of Farm Labor and
Immigration Programs, Wage and Hour Division, Employment Standards
Administration, Department of Labor, room S-3502, 200 Constitution
Avenue, NW., Washington, DC 20210. Telephone: 202-219-7605 (this is not
a toll-free number).
SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act's (PRA)
provisions on information collection are triggered when a health care
facility (facility) files an attestation with the Department of Labor
(DOL or Department), as a condition for being able to use the services
of a nonimmigrant registered nurse entering the United States on an H-
1A visa. The attestation is a prerequisite to filing a petition with
the Immigration and Naturalization Service (INS) for H-1A nurses.
Facilities are required to file attestations with DOL attesting to
certain conditions and to steps taken to recruit and retain U.S. nurses
in order to reduce dependence on nonimmigrant alien nurses.
The attestations, required under sections 101(a)(15)(h)(i)(a) and
212(m) of the Immigration and Nationality Act, pertain to substantial
disruption in the delivery of health care services, absence of adverse
effect on wages and working conditions of similarly employed registered
nurses, payment of wages to nonimmigrant nurses employed by the
facility at wage rates paid to other registered nurses similarly
employed by the facility, taking timely and significant steps designed
to recruit and retain U.S. nurses to reduce dependence on nonimmigrant
nurses, absence of a strike or lockout, and giving appropriate notice
of filing. Attestation is made on Form ETA 9029, a copy of which is
published as an appendix to this document, but which will not be
published in the CFR.
The attestation process is administered by the Employment and
Training Administration (ETA) of DOL, while complaints and
investigations regarding the attestations are handled by the Wage and
Hour Division of DOL's Employment Standards Administration (ESA).
Public reporting burden for collection of information the first
year a facility submits an attestation is estimated to average 8 to 10
hours for searching existing information/data sources and gathering and
compiling the data at the facility the first year that a facility
submits an attestation. In the second and subsequent years, the
reporting burden, based on operating experience, is expected to average
about 3 hours.
The Office of Management and Budget (OMB) reviewed the collection
of information requirements for facilities filing attestations as a
condition to petition the INS for H-1A nurses in accordance with the
PRA, 44 U.S.C. 3501 et seq., and 5 CFR part 1320. OMB approved all
information requirements contained in 20 CFR part 655, subpart D, and
29 CFR part 504, subpart D, under OMB clearance number 1205-0305.
On January 31, 1994, OMB approved the information collection
provisions until September 1995.
Authority and Signature
8 U.S.C. 1101(a)(15)(H)(i)(a), 1182(m), and 1184; 29 U.S.C. 49
et seq.; and sec 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8
U.S.C. 1182 note); and sec. 341 (a) and (b), Pub. L. 103-182, 107
Stat. 2057.
Signed at Washington, DC, January 31, 1994.
Doug Ross,
Assistant Secretary for Employment and Training.
John R. Fraser,
Acting Assistant Secretary for Employment Standards.
Title 20, part 655, subpart D, and title 29, part 504, subpart D,
of the Code of Federal Regulations are hereby amended as follows:
PART 655--[AMENDED]
1. The authority citation for 20 CFR part 655 continues to read as
follows:
Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(H)
(i) and (ii), 1182 (m) and (n), 1184, 1188, and 1288(c); 29 U.S.C.
49 et seq.; sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8
U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978,
5027 (8 U.S.C. 1184 note); and 8 CFR 214.2(h)(4)(i).
Section 655.00 issued under 8 U.S.C. 1101(a)(15)(H)(ii), 1184,
and 1188; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and
1184; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184, and
1188; and 29 U.S.C. 49 et seq.
Subparts D and E issued under 8 U.S.C. 1101(a)(15)(H)(i)(a),
1182(m), and 1184; 29 U.S.C. 49 et seq.; sec. 3(c)(1), Pub. L. 101-
238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 note); and sec. 341 (a) and
(b), Pub. L. 103-182, 107 Stat. 2057.
Subparts F and G issued under 8 U.S.C. 1184 and 1288(c); and 29
U.S.C. 49 et seq.
Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b),
1182(n), and 1184; 29 U.S.C. 49 et seq.; and sec. 303(a)(8), Pub. L.
102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1182 note).
Subparts J and K issued under 29 U.S.C. 49 et seq.; and sec.
221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).
2. In 20 CFR 655.310, by adding a parenthetical, as follows, at the
end of the regulatory text:
Sec. 655.310 Attestations
* * * * *
(Approved by the Office of Management and Budget under control
number 1205-0305.)
3. In 20 CFR 655.360, by adding a parenthetical, as follows, at the
end of the regulatory text:
Sec. 655.350 Public Access
* * * * *
(Approved by the Office of Management and Budget under control
number 1205-0305.)
PART 504--[AMENDED]
4. The authority citation for title 29 CFR part 504, subparts D and
E, continues to read as follows:
Authority: 8 U.S.C. 1101(a)(15)(H)(i)(a), 1182(m) and Pub. L.
101-238, sec 3(c)(1), 103 Stat. 2099, 2103 (8 U.S.C. 1182 note); and
sec. 341 (a) and (b), Pub. L. 103-182, 107 Stat. 2057.
5. In 29 CFR 504.310, by adding a parenthetical, as follows, at the
end of the regulatory text:
Sec. 504.310 Attestations
* * * * *
(Approved by the Office of Management and Budget under control
number 1205-0305.)
6. In 29 CFR 504.350, by adding a parenthetical, as follows, at the
end of the regulatory text:
Sec. 504.350 Public Access
* * * * *
(Approved by the Office of Management and Budget under control
number 1205-0305.)
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix--Form ETA 9029
TR04FE94.006
TR04FE94.007
TR04FE94.008
TR04FE94.009
TR04FE94.010
[FR Doc. 94-2522 Filed 2-3-94; 8:45 am]
BILLING CODE 4510-30-C; 4510-27-C
