Removal of Attestation Process for Facilities Using H-1A Registered Nurses, 69539-69541 [2013-27683]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69539-69541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27683]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB67


Removal of Attestation Process for Facilities Using H-1A 
Registered Nurses

AGENCY: Employment and Training Administration, Department of Labor, in 
concurrence with the Wage and Hour Division, Department of Labor.

[[Page 69540]]


ACTION: Final rule; rescission of regulations.

-----------------------------------------------------------------------

SUMMARY: This final rule rescinds the regulations found which provided 
rules governing health care facilities using nonimmigrant foreign 
workers as registered nurses under the H-1A visa program. These 
subparts became obsolete after the authorizing statute and all 
extensions expired. Accordingly, the Department of Labor (the 
Department) is taking this action to remove regulations that no longer 
have force and effect.

DATES: Effective November 20, 2013.

FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D., 
Administrator, Office of Foreign Labor Certification, Room C-4312, 
Employment & Training Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
693-3010 (this is not a toll-free number). Individuals with hearing or 
speech impairments may access the telephone number above via TTY by 
calling the toll-free Federal Information Relay Service at 1-877-889-
5627 (TTY/TDD). Fax: 202-693-2768. This notice is available through the 
printed Federal Register, and electronically at https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR.

SUPPLEMENTARY INFORMATION: In 1989, Congress created an H-1A 
nonimmigrant classification exclusively for the temporary admission and 
employment of registered nurses, which permitted employers during a 
five-year pilot program to hire foreign nurses after filing a detailed 
attestation showing the steps they were taking to lower their reliance 
on foreign nurses. Immigration Nursing Relief Act of 1989 (INRA), 
Public Law 101-238, 103 Stat. 2099 (December 18, 1989), amending 
Sections 101(a)(15)(H)(i) and 212 of the Immigration and Nationality 
Act (INA), 8 U.S.C. 1101(a)(15)(H)(i)(a) and 1182(m).\1\
---------------------------------------------------------------------------

    \1\ The provisions which INRA added to the INA were further 
amended by section 162(f) of the Immigration Act of 1990 (IMMACT), 
Public Law 101-649, 104 Stat. 4978 (November 29, 1990), and by 
section 302(e)(9) and (10) of the Miscellaneous and Technical 
Immigration and Naturalization Amendments of 1991 (MTINA), Public 
Law 102-232, 105 Stat. 1733 (December 12, 1991).
---------------------------------------------------------------------------

    The H-1A nonimmigrant classification originally expired on 
September 1, 1995. However, on October 11, 1996, Congress enacted 
Public Law 104-302, 110 Stat. 3656, which extended the authorized 
period of stay within the United States for certain nurses in certain 
geographic locations in the United States experiencing a shortage of 
registered nurses. That legislation provided for extending the stay 
until September 30, 1997, of certain foreign workers who: (1) Entered 
the United States as H-1A nurses; (2) were within the United States on 
or after September 1, 1995, and who were within the United States on 
October 11, 1996; and (3) whose period of authorized stay had expired 
or would expire before September 30, 1997 but for the enactment of the 
legislation. Public Law 104-302 did not provide for the approval of new 
H-1A petitions and related solely to extensions of stay for foreign 
workers who were in, or had previously been given, nonimmigrant H-1A 
status as registered nurses. In addition, the legislation did not 
affect those in H-1A status whose period of authorized stay expired 
after September 30, 1997, and those H-1A nurses were allowed to remain 
in the United States until the validity of their petition expired, 
which could have been as late as August 31, 2000. Congress did not 
further extend the stays of any H-1A nurses, and following the 
expiration of all H-1A periods of stay, no foreign nurses on H-1A visas 
were employed after August 31, 2000. Furthermore, Congress has never 
renewed the original H-1A program, and ultimately repealed it in 1999 
in Sec. 2(c) of the Nursing Relief for Disadvantaged Areas Act of 1999, 
Public Law 106-095, 113 Stat. 1312, 1316.
    The Department implemented the H-1A program through regulations at 
20 CFR part 655 Subparts D and E. See 55 FR 50500 (Dec. 6, 1990), as 
amended by 59 FR 874 (Jan. 6, 1994). Because of the expiration of the 
authorizing legislation, these regulations are without force and 
effect, and must be rescinded.
    The Department has determined that it is unnecessary to publish the 
rescission of these regulations as a proposed rule, as generally 
required by the Administrative Procedure Act (``APA''), 5 U.S.C. 
553(b). Notice to the public and provision of a public comment period 
for this rule is unnecessary because the enabling statute has expired, 
and, consequently, the regulations are now without force or effect. 5 
U.S.C. 553(b)(B). Therefore, good cause exists for dispensing with the 
notice and comment requirements of the APA. 5 U.S.C. 553(b)(B). For the 
same reasons, good cause exists to make this rule effective immediately 
upon publication of this rule. 5 U.S.C. 553(d)(3).

Administrative Information

A. Executive Order 12866

    This final rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Department has determined that this rule is not a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review. The Department has also determined that 
this rule is not ``economically significant'' as defined in section 
3(f)(1) of Executive Order 12866. Therefore, the information enumerated 
in section 6(a)(3)(C) of the order is not required.

B. Regulatory Flexibility Act

    This rescission is not a ``rule'' as defined in the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 601(2), nor is it a ``final rule'' 
following a notice of proposed rulemaking as defined in the RFA, 5 
U.S.C. 604(a). Therefore, the RFA does not apply and the Department is 
not required to either certify that the rule would not have a 
significant economic impact on a substantial number of small entities 
or conduct a regulatory flexibility analysis.

C. Unfunded Mandates Reform Act of 1995

    This rule will not include any Federal mandate that may result in 
increased expenditures by State, local, and tribal governments, in the 
aggregate, of $100 million or more, or in increased expenditures by the 
private sector of $100 million or more.

D. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of the United States-based companies to 
compete with foreign based companies in domestic and export markets.

E. Executive Order 13132

    The Department has reviewed this rule in accordance with E.O. 13132 
regarding federalism and has determined that it does not have 
federalism implications. The rule does not have substantial direct 
effects on States, on the relationship between the States, or on the 
distribution of power and responsibilities among the various

[[Page 69541]]

levels of Government as described by E.O. 13132. Therefore, the 
Department has determined that this rule will not have a sufficient 
federalism implication to warrant the preparation of a summary impact 
statement.

F. Executive Order 13175

    This rule was reviewed under the terms of E.O. 13175 and determined 
not to have Tribal implications. The rule does not have substantial 
direct effects on one or more Indian Tribes, on the relationship 
between the Federal Government and Indian Tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian Tribes. As a result, no Tribal summary impact 
statement has been prepared.

G. Assessment of Federal Regulations and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act, enacted as part of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat. 
2681) requires the Department to assess the impact of this rule on 
family well-being. A rule that is determined to have a negative effect 
on families must be supported with an adequate rationale. The 
Department has assessed this rule and determines that it will not have 
a negative effect on families.

H. Executive Order 12630

    This rule is not subject to E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights, because 
it does not involve implementation of a policy with takings 
implications.

I. Executive Order 12988

    This regulation has been drafted and reviewed in accordance with 
E.O. 12988, Civil Justice Reform, and will not unduly burden the 
Federal court system. The regulation has been written to minimize 
litigation and provide a clear legal standard for affected conduct, and 
has been reviewed carefully to eliminate drafting errors and 
ambiguities.

J. Plain Language

    The Department drafted this rule in plain language.

K. Executive Order 13211

    This rule is not subject to E.O. 13211. It will not have a 
significant adverse effect on the supply, distribution, or use of 
energy.

L. Paperwork Reduction Act

    This rule contains no new information collection requirements for 
purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 20 CFR Part 655

    Administrative practice and procedure, Foreign workers, Employment, 
Employment and training, Enforcement, Forest and forest products, 
Fraud, Health professions, Immigration, Labor, Longshore and harbor 
work, Migrant workers, Nonimmigrant workers, Passports and visas, 
Penalties, Reporting and recordkeeping requirements, Unemployment, 
Wages, Working conditions.

    Accordingly, for the reasons stated herein, the Department hereby 
amends 20 CFR part 655 as follows:

PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED 
STATES

0
1. The authority citation for part 655 and the authority citation for 
subparts D and E continue to read as follows:

    Authority: Section 655.0 issued under 8 U.S.C. 
1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 
1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and 
1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102 
(8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 
5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105 
Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 
107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8 
U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 
(8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 109-423, 120 Stat. 
2900; 8 CFR 214.2(h)(4)(i); and 8 CFR 214.2(h)(6)(iii).
* * * * *
    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.; and sec. 3(c)(1), Pub. L. 
101-238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 note).

Subpart D--[Removed and Reserved]

0
2. Remove and reserve subpart D, consisting of Sec. Sec.  655.300 
through 655.350.

Subpart E--[Removed and Reserved]

0
3. Remove and reserve subpart E, consisting of Sec. Sec.  655.400 
through 655.460.

    Signed at Washington, DC, this 18th day of October 2013.
Eric M. Seleznow,
Acting Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-27683 Filed 11-19-13; 8:45 am]
BILLING CODE 4510-FP-P