incorporates the exemption for facilities in Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility under sec.

Policy effect

incorporates the exemption for facilities in Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility under sec. 212(m)(6)(B) of the INA

Conditions and exceptions

Recorded validated scope: H-1C nonimmigrant nurse program eligibility.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… and Human Services (HHS) that only those 14 hospitals listed in the preamble to the IFR remain eligible to participate in the H-1C program. As explained in greater detail in the preamble to the IFR, the definition of facility requires the application of time-specific tests and does not afford any flexibility with regard to these criteria. 65 FR 51143, Aug. 22, 2000. The Consolidated Natural Resources Act of 2008 (CNRA), Title VII, Public Law 110-229, 122 Stat. 754, 853, which extended U.S. immigration law to the Commonwealth of the Northern Mariana Islands (CNMI), also exempted facilities in … Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility [[Page 10397]] under sec. 212(m)(6)(B) of the INA (8 U.S.C. 1182(m)(6)(B)). This Final Rule incorporates this exemption. However, the CNRA did not provide any exemption from the requirement that a facility be a hospital located in one of the 50 States or District of Columbia, as defined in 42 U.S.C. 1395ww(d)(1)(B). See 8 U.S.C. 1182(m)(6). Accordingly, despite the exemption from certain cost reporting criteria, facilities in Guam, CNMI, and the Virgin Islands still would not be eligible … care inpatient days for such period; and (iii) The number of the hospital's inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a State plan approved under Title XIX of the Social Security Act, is not less than 28 percent of the total number of such hospital's acute care inpatient days for such period. (3) The requirements of paragraph (2) of this definition shall not apply to a facility in Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands. * * * * * Office of Foreign Labor Certification (OFLC) means …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2010

• 2010-01-04HIV-based inadmissibility and required immigration HIV testing removed
• 2010-01-08USCIS Guidance on Determining Employer-Employee Relationship in H-1B Petitions
• 2010-01-21Designation of Haiti for Temporary Protected Status
• 2010-03-15Temporary Agricultural Employment of H-2A Aliens in the United States
• 2010-03-31Deferred Enforced Departure and Employment Authorization Extension for Liberians
• 2010-07-06Extension of the Designation of Nicaragua for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation
• 2010-08-13Border Security Supplemental H-1B Nonimmigrant Fee Surcharge
• 2010-08-13Border Security Supplemental L-1 Nonimmigrant Fee Surcharge
• 2010-11-23Humanitarian parole applications made eligible for hardship fee waivers
• 2010-11-23Military members and veterans exempted from citizenship certificate application fees
• 2010-11-23Refugee travel-document application fees reduced under the 2010 USCIS fee schedule
• 2010-11-30International Adoption Simplification Act of 2010