NURSING RELIEF ACT OF 2007 03/10/07

The Nursing Relief Act of 2007 has been introduced into the House of Representatives as bill HR 1358. The bill is a very good one for nurses and US patients. HLG has worked with this group in the past and we know how much hard work they have put into making this bill. Unfortunately, we are a little skeptical that such a bill can survive the legislation process since the sponsors and co-sponsors are in the minority Republican Party. Nevertheless, we are encouraged by activity and we applaud the sponsors and co-cosponsors of the bill and the underlying facilities that pushed for the bill.

Here is a rough summary of the bill:

1. Create a new nonimmigrant visa, the W-1.
2. Gives approval authority to the Consular official, after “consultation” with DHS.
3. Allows the nurse to have dual intent / ability to petition for an IV
4. The nurse must have a state license (or an eligible-but-for-the-SSN)
5. The employer must attest and the DOL must certify to a variety of LCA-type provision (wage will be greater than actual or prevailing, etc.), although the language appears to be a little weaker than the LCA provisions in an H-1.
6. Employer must put together a Public Access File.
7. Employers can be fined for a variety of willful violations of the certification/attestation requirement
8. W-1′s are for 3 years at a time; not more than 6, but it gives the nurses AC21-like 7th year extension protection for long-delayed GCs/
9. Spouses can get EADs
10. Cap of 50,000 per year, but cap can rise if demand calls for it.